A. General Matters 4.

Judgment is rendered only upon lawful hearing

• Criminal Procedure - Treats of the series of processes

which the criminal laws are enforced and by which the state REQUISITES FOR EXERCISE OF CRIMINAL JURISDICTION
prosecutes persons who violate penal laws 1. Jurisdiction over Subject Matter
- Network of laws and rules which govern procedural 2. Jurisdiction over the Territory
administration of criminal justice 3. Jurisdiction over the Person of the accused
-
• Accusatorial or adversarial – two contending parties JURISDICTION OVER THE TERRITORY
before the court which hears them impartially and renders • Offense must have been committed within the court’s
judgment only after trial. territorial jurisdiction. VENUE IS JURISDICTIONAL IN
CRIMINAL PROCEDURE.
• Inquisitorial - The court plays a very active role and is not • The action shall be instituted and tried in the court
limited to the evidence presented before it. It may utilize of the municipality or territory wherein the offense
evidence gathered outside the court. was committed OR where anyone of the essential
requisites took place.
• Criminal procedure shall be liberally construed.
• Jurisdiction of the court is determined by the allegations in
• Due process is mandatory in CP the complaint
Requisites of due process:
1. Court has judicial power to hear and determine the case • RTC of Manila has no authority to issue search warrant for
2. Jurisdiction over the person of the accused offenses committed in Cavite.
3. Opportunity to be heard
 7. Cybercrime Prevention Act- regardless of the place
of commission
8. Exceptional circumstances- to ensure fair trial and
EXCEPTIONS TO THE VENUE RULE IN CRIM PRO: impartial inquiry, SC may order change of venue
1. Offense committed falls under Article 2 of RPC 9. Cases cognizable by Sandiganbayan – based on
(Extraterritoriality Principle) nature of offense and position of accused
- It shall be cognizable by the court where the 10. Illegal recruitment- victim has option to file in his
criminal action is first filed. residence or where crime was committed
2. SC orders change of venue 11. Written Defamation:
3. If committed in train, aircraft, or other public or - Public official or private person - RTC of province
private vehicle in the course of its trip - may be where the libelous article is printed and first
instituted in any municipality or territory where it published.
passed during its trip or its place of arrival or - Private Individual - RTC where he actually resided
departure. at the time of the commission of the offense
4. On Board a vessel - Court of first port of entry or in - Public Officer - If office is at manila at the time of
the territory where the vessel passed during the the commission - RTC of Manila
voyage - Public Officer outside Metro Manila - RTC of
5. Piracy, Human Security Act, Genocide- cognizable province or city where he held office.
anywhere - If defamatory material in internet - The place
6. BP22- where check was dishonored or issued; in where the material was accessed CANNOT BE
case of crossed- check- in place of depositary or EQUATED with printing and first publication.
collecting bank Merely alleging that it is a magazine of general circulation in
the place instituted will not suffice.
Why is Venue Essential?
- It determines the place where criminal action is
instituted
PRINCIPLE OF ADHERENCE OF JURISDICTION OR • As a general rule, Court will not issue writs of prohibition
CONTINUING JURISDICTION or injunction (preliminary or final) to enjoin or restrain
- Once a court has acquired jurisdiction, it continues until criminal prosecution
the court has done all that it can do • EXCEPTIONS: (WHEN INJUNCTION MAY BE ISSUED TO
in the exercise of its jurisdiction. It cannot be defeated by RESTRAIN CRIMINAL PROSECUTION)
amendment or be lost by a new law amending the rules of 1. Necessary to afford adequate protection to
jurisdiction. constitutional rights
- EXCEPTION: When statute expressly provides 2. Orderly administration of justice
3. Prejudicial question which is sub judice (where a
- When no such retroactive effect was provided for, it civil action and a criminal action are both pending and
cannot be applied to cases already pending prior to their there exists in the former an issue which must be
enactment. preemptively resolved before the latter may proceed)
4. Acts of office are without or in excess of authority
5. Prosecution under invalid law
• Jurisdiction over the subject matter may be raised or be 6. Clearly apparent double jeopardy
considered motu proprio by the court at any stage or on 7. No jurisdiction over the offense
appeal 8. Persecution rather than protection
9. Manifestly false charges

• Mandamus is not available to compel prosecution because

it is under the discretion of the prosecutor to prosecute
JURISDICTION OVER SUBJECT MATTER
- Power to determine class of proceedings
JURISDICTION OVER THE PERSON OF THE ACCUSED
- Conferred by law. It must be clear because it cannot - Power of the court to try a case with binding effect
be presumed. It cannot be fixed by the will of parties against an accused
or be diminished by any of the act of the parties. - Acquired through compulsory process upon his
- Can be raised any time even for the first time on arrest, apprehension or voluntary appearance
appeal . It cannot be waived but subject to estoppel through surrender
by laches
- Any objection must be raised before accused enters
• It is determined by the allegations in the complaint plea otherwise deemed waived
• In Sandiganbayan, the nature of the offense and the
position of the accused is considered to determine • Seeking affirmative relief is deemed submission to the
jurisdiction. jurisdiction of the court.
• In complex crime, the Maximum and most serious penalty • Filing Motion to quash, Appearing for arraignment,
imposable on the offense shall be the basis. Participating in the trial or giving bail.
• Law in force at the time of the institution of the action • EXCEPT: Making Special appearance questioning
shall apply to determine theJURISDICTION OVER THE the jurisdiction over the person – NOT VOLUNTARY
SUBJECT MATTER APPEARANCE and Filing Motion to quash Warrant of
• The IMPOSABLE penalty shall be considered arrest
• Even if the warrant of arrest is null and void, if he posted
bail- considered submission to the jurisdiction of the court.
• Being in the custody of law is not necessarily being under d. all other criminal offenses punished by imprisonment
the jurisdiction of court not exceeding 6 months and/ or fine of P1,000
e. traffic laws, rental laws, and ordinances
B. Special jurisdiction to decide applications for bail in
CRIMINAL JURISDICTION OF MTC absence of RTC Judges
- Except if falling within RTC or Sandiganbayan

A. EXCLUSIVE ORIGINAL JURISDICTION: Criminal jurisdiction of RTC

1. All offenses punishable with imprisonment NOT - Exclusive original
EXCEEDING 6 YEARS irrespective of fine, civil liabilities, 1. Not falling within the exclusive jurisdiction of any court,
accessory penalties tribunal, or body except those under concurrent and
- Punishable up to the maximum of PRISION CORRECCIONAL exclusive jurisdiction with Sandiganbayan.
EXCEPTION: 2. Imposable penalty exceeds six years
1. Libel (RTC)
3. Imposable penalty is a fine exceeding Php 4,000.
2. Direct Bribery & Indirect Bribery - Sandiganbayan
4. Specific laws: Libel/written defamation; CDDA; IP rights
2. If Fine ONLY - Not more than 4k
3. Offenses involving damage to property through criminal 5. Violations of omnibus election code
negligence 6. Money laundering cases except those under the
5. Covered by Rules on Summary Procedure (BORAT) jurisdiction exclusively of Sandiganbayan
a. BP 22 7. Cybercrime prevention
b. ordinance violation-municipal and city - Family courts
c. rental law 1. One or more of the accused is below 18 but not less
than 9 years old.
 2. One of the victims is a minor 6. All others with SG 27 higher
3. Against minors under CDDA 7. Other offenses complexed with or simple
4. Violations of Child Abuse Act. committed by public officials and employees
5. Cases of domestic violence against women and children in relation to their duties
6. Anti Child Pornography Act 8. Civil and criminal cases relating to Marcos
-Appellate jurisdiction- Casesdecided by MTC within wealth
jurisdiction 9. Money laundering cases committed in
-Special Courts- Cases designated by SC conspiracy with public officers
Criminal jurisdiction of the Sandiganbayan Note: For cases involving officials below SG 27, jurisdiction
A. Exclusive original shall be with the MTC, or RTC
1. Violations of: B. Appellate jurisdiction
a. RA 3019/AGCPA 1. Appeals from final judgments resolutions
b. RA 1379/Forfeiture in Favor of the orders of RTC when accused is below SG 27
State Property Unlawfully Acquired
by Public Officer Notes:
c. Direct bribery, indirect bribery, - Sandiganbayan also exercises civil jurisdiction
corruption - Sandiganbayan shall exercise exclusive appellate
2. Officials of executive branch SG 27 or higher jurisdiction over final judgment of RTC whether in the
3. Officials of congress SG 27 or higher exercise of their own original jurisdiction or appellate
4. Officials of judiciary SG 27 or higher jurisdiction
5. Chairmen or members of ConCom
- In all cases elevated to the SB and from the Sandiganbayan 4. Philippine army and airforce colonel, navy captains, and
to SC, the office of the Ombudsman through its special all officers of higher rank
prosecutor shall represent the people of the PH 5. Officers of PNP: Provincial director, senior superintendent
- Private individuals must be tried jointly or higher
- Public officer may be a principal or mere accomplice or 6. City and provincial prosecutors in office of ombudsman
accessory and special prosecutor
- All forms of bribery - SB has jurisdiction 7. Presidents, director, trustees or managers of GOCC, state
universities or educational foundation or institutions
- Salary grade 27 or higher shall only refer to:
1. Officials of the executive branch occupying the regional - Thus, Director of Region IV of Philhealth although SG 26,
director and higher Still under the jurisdiction of Sandiganbayan because SG 27
2. Members of congress or officials qualification has no reference to directors of GOCC. As long
3. All national and local officials as he holds the position, regardless of salary grade, he is
under the jurisdiction of Sandiganbayan
- SG 27 has no reference to - Sangguniang panglungsod under salary grade 26 - under
1. Provincial governors, Vice Gov, Members of Sangguniang the jurisdiction of SB
Panlalawigan, Provincial treasurers, assessors, engineers,
other provincial department heads - Board of Regents of UP performs functions similar to those
2. City mayor, Vice Mayor, members of sang panglungsod, of board of trustees of non stock corporation. A student
City treasurer, assessors, engineers, and other department regent shall be under the jurisdiction of SB regardless if she
heads did not receive compensation. Compensation is not an
3. Officials of the diplomatic service occupying position of essential element of public office for it is merely incidental.
consul and higher
- Offenses committed in relation to the office has to be such 1. With the SC: Petitions for with the certiorari,
that in the legal sense, the offense cannot exist without the prohibition, mandamus against RTC.
office. 2. With the SC and RTC: Petition for CPM against MTC.
C. Appellate jurisdiction
- If intimately connected - Committed in relation to the 1. By notice of appeal
office i. From the RTC in its exercise of
- It is intimately connected if he could not have
original jurisdiction except those
committed the crimes were it not for his position.
appealable to Sandiganbayan
The mayor organized armed patrols and civilian
commandos. He ordered arrest and maltreatment of the 2. Automatic review: when death penalty is imposed
victim who dies - IN RELATION TO HIS OFFICE. 3. Petition for review under rule 42: From RTC in cases
- If public office is a constituent element of the crime appealed from MTC
charged, there is no need to state the specific factual
allegations of the intimacy between the crime and office. Criminal jurisdiction of the CTA
- Malversation of public funds, A. Original jurisdiction: Criminal offenses arising from
violations of NIRC and other laws administered by
BIR or BOC if more than one million pesos
Criminal Jurisdiction of the CA B. Appellate jurisdiction: appeals from judgment of RTC
A. Exclusive original in tax cases or petitions for review over judgments
1. Terrorism of RTC in its appellate jurisdiction
B. Concurrent Criminal jurisdiction of the SC
 A. Exclusive original: petition for CPM against CA and Q: Public officer and private person charged with conspiracy
Sandiganbayan in violation of AGCPA with Sandiganbayan. Public officer
B. Concurrent died. Private person files motion to quash contending that
1. With the CA: petitions for CPM against RTC Sandiganbayan no longer jurisdiction because of the death
2. With the CA and RTC: petitions for CPM of public officer. Decide on motion to quash.
against MTC - Motion to quash denied. Death of public officer does
C. Appellate jurisdiction: petition for review on not obliterate conspiracy. Only thing extinguished is
certiorari from CA, Sandiganbayan, and RTC where criminal liability of public officer
only question of law in involved
Determining jurisdiction over complex crimes
Q: Violation of CDDA against Leila de Lima filed in RTC. She - Based on penalty for the more serious crime in
filed motion to quash information contending that since the maximum period
offense is office related, jurisdiction must be with
Sandiganbayan. Decide on motion to quash Q: Information filed for libel in RTC punishable by less than 6
- Motion to quash denied. RTC has exclusive years. Complainant is resident of QC. Accused has principal
jurisdiction over violations of CDDA which is a office in Manila. He filed motion to quash. Decide on motion
special law prevailing over PD 1606 (jurisdiction of to quash.
Sandiganbayan - Motion to quash denied. RTC has jurisdiction over
libel even if less than 6 years. SC held jurisdiction
over libel may be based on residence of offended
party
 - Or committed offense while performing his official
functions such that there is intimate connection
May injunction lay to restrain criminal prosecution? between offense and office
- GR No, except
1. To protect constitutional rights of accused
2. Orderly administration of justice SUMMARY PROCEDURE
3. Prejudicial question which is sub judice - Before conducting a trial the court shall call for a
4. Acts of officer without or in excess of Preliminary Conference
authority - Entering stipulations of facts
- Allowing accused to enter a plea of guilty to a
5. Prosecution under invalid law
lesser offense
6. Double jeopardy
- Any admission of the accused made during PC must be
7. Court has no jurisdiction over the offense reduced in writing and signed by the accused and counsel
8. Case is persecution rather than prosecution
9. Charges are manifestly false and motivated Prohibited motions in Summary Procedure:
by lust for vengeance 1. Motion to quash except on the ground of lack of juris of
10. No prima facie course against the accused subject matter or failure to comply with barangay
conciliation.
When is offense in relation to public office 2. Bill or particulars
- Constituent element of the crime includes public 3. MR
office 4. Petition for relief from judgment
5. Motion for extension
6. Memoranda
7. CPM against interlocutory order Criminal Action - Commenced by the filing of a complaint of
8. Motion to declare in default an information in court and shall
10. Reply be under the control and discretion of the public prosecutor.
11. Third Party complaints - In special cases, a private prosecutor may be
12. Intervention authorized in writing by chief of the prosecution office
or the regional state prosecutor to prosecute the case.
- At least 4 years, two months one 1 day - Preliminary - The complaint must be in writing
Investigation is REQUIRED
- Below 4 years, two months and 1 day - Not required.
- The complaint may be filed directly with MTC. PREJUDICIAL QUESTION - exists when a previously instituted
- The Secretary of justice may reverse or modify the civil action involves an issue similar or intimately related to
resolution of the provincial or city prosecutor or of chief the issue raised in the subsequent criminal action and the
state prosecutor. resolution of such
- If the court finds probable cause - Shall issue warrant of issue determines whether or not the criminal action shall
arrest or commitment order if the accused is in the custody proceed.
of the law.
- The judge may issue summons instead of warrant of arrest - Bail may be applied for before or after he is formally
if the judge is satisfied that there is no necessity for placing charged.
the accused in the custody. - Application for bail shall not bar the accused from
- MANILA OR OTHER CHARTERED CITIES: Complaint shall be challenging the validity of the arrest.
directly filed with the prosecutor.
Arraignment - formal mode and manner of implementing - Motion to quash denied. RTC has exclusive jurisdiction
the constitutional right of the accused to be informed of the over violations of CDDA which is a special law prevailing
nature and cause of the accusation against him. over PD 1606 (jurisdiction of Sandiganbayan
- If before arraignment, the accused escapes, he cannot be
tried in absentia Q: Public officer and private person charged with conspiracy
- It is made in open court by the judge or clerk. He is askedin violation of AGCPA with Sandiganbayan. Public officer
whether he is guilty or not guilty.
died. Private person files motion to quash contending that
- After arraignment, the court shall order the MANDATORY
Sandiganbayan no longer jurisdiction because of the death
Trial conference
of public officer. Decide on motion to quash.
Motion to quash - a written motion signed by the accused or - Motion to quash denied. Death of public officer does
his counsel which is supposed to distinctly specify both its not obliterate conspiracy. Only thing extinguished is
factual and legal grounds. criminal liability of public officer
JUDGMENT - Adjudication of the court on the guilt or
innocence of the accused and the imposition on him of the
proper penalty and civil liability.
Determining jurisdiction over complex crimes
Q: Violation of CDDA against Leila de Lima filed in RTC. She - Based on penalty for the more serious crime in
filed motion to quash information contending that since the maximum period
offense is office related, jurisdiction must be with
Sandiganbayan. Decide on motion to quash Q: Information filed for libel in RTC punishable by less than 6
years. Complainant is resident of QC. Accused has principal
 office in Manila. He filed motion to quash. Decide on motion When is offense in relation to public office
to quash. - Constituent element of the crime includes public
-Motion to quash denied. RTC has jurisdiction over libel even office
if less than 6 years. SC held jurisdiction over libel may be - Or committed offense while performing his official
based on residence of offended party functions such that there is intimate connection
between offense and office
May injunction lay to restrain criminal prosecution?
- GR No, except
1. To protect constitutional rights of accused
2. Orderly administration of justice
3. Prejudicial question which is sub judice
4. Acts of officer without or in excess of
authority
5. Prosecution under invalid law
6. Double jeopardy
7. Court has no jurisdiction over the offense
8. Case is persecution rather than prosecution
9. Charges are manifestly false and motivated
by lust for vengeance
10. No prima facie course against the accused
B. PROSECUTION OF OFFENSES – RULE 110

Purpose of Criminal action: To determine the penal liability

of the accused for having outraged the state with his crime. DOCTRINE OF PRIMARY JURISDICTION
- Courts will not determine a controversy involving a
INSTITUTION OF ACTIONS: question within the jurisdiction of the administrative
-FOR OFFENSES RELIMINARY INVESTIGATION IS REQUIRED: tribunal where the question demands the exercise of sound
By filing the complaint with the proper officer for the administrative discretion requiring the specialized
purpose of conducting the requisite Preliminary knowledge and expertise of said administrative tribunal.
Investigation - Filing of a complaint with SEC shall effectively interrupt the
- WHEN NOT REQUIRED: prescriptive period. Investigation conducted by SEC is
1. Filing the complaint or information directly with the equivalent to Preliminary investigation
MTC
2. Filing the complaint with the office of prosecutor PROSECUTION OF CRIMINAL ACTION
- Criminal action is prosecuted under the direction and
- In Manila and other chartered cities: Shall be filed in the control of the public prosecutor
office of the prosecutor unless otherwise provided in their - Even if there is a private prosecutor, it is still prosecuted
charter. Thus NO DIRECT FILING. under the direction and control of the public prosecutor
- In case of conflict between the city charter and ROC - City - Appointment of private prosecutor is done by the offended
charter prevails. party and is allowed only where the civil action for the
recovery of the civil liability is instituted in the criminal
PI IS REQUIRED: At least 4 years 2 months and 1 day action.
If below 4 years 2 months and 1 day - NO PI REQUIRED
 - Hence the offended party may not intervene if he - The DOJ Secretary has the authority to sign the certificate
waives, reserves or institutes civil action prior to the of non forum shopping for criminal cases which was filed on
criminal action. behalf of the PH.
- The presence of a public prosecutor in the trial of criminal
- Institution of independent civil action does not deprive the case is NECESSARY to protect vital state interests. The act
offended party of the right to intervene in the civil action allowing the presentation of defense witnesses in the
through a private prosecutor absence of public
- Independent Civil actions: Art 32, 33, 34, 2176 of prosecutor or private prosecutor designated for the purpose
Civil code. is clear transgression of the rules.
- Art 32: Rights and liberties of a person - If the prosecutor assigned is not available, the action may
(Constitution) be prosecuted by the offended party, any peace officer or
- Art 33: Defamation, fraud and Physical injuries public officer charged with the enforcement of the law
- Art 34: Member of a city or municipal Police violated.
force refuses or fails to render aid or protection - A Private prosecutor may prosecute the criminal action up
to any person in case of danger to life or to the end of the trial even in the absence of the public
property prosecutor provided that he is authorized to do so in writing.
- Art 2176: Quasi Delict - The written authorization must be approved by the
- INDEPENDENT CIVIL ACTIONS MAY PROCEED court.
INDEPENDENTLY
- The executive department of the government is COMPLAINT
accountable for prosecution of crimes. - a sworn written statement charging a person with an
offense, subscribed by the offended party, any peace
officer, other public officer charged with the enforcement - An infirmity with the information such as lack of authority
of the law. of the officer signing it cannot be cured by silence,
- Private offended parties are only witnesses for the acquiescence or by express consent.
protection. - The accused is deemed to have waived the right to object
- Private offended party may not appeal the dismissal of a insufficiency of complaint if he fails to object upon his
criminal case or acquittal of an accused. arraignment or during trial.
- He may only appeal the civil aspect. - Accused is deemed to have waived his right to assail when
- The criminal case may be appealed only by the OSG. he voluntarily entered plea when arraigned and participated
Private party has no legal personality. in trial.

Contents of the complaint or information - Objection to form is waivable also.

1. Name of accused - It is not necessary to state the precise date of the offense
2. Designation of offense except when the date of commission of the crime is material
3. Acts of ommissions complained of element of the offense.
4. Name of offended party - The complaint must state the name and surname of the
5. Approximate date accused. If he cannot be ascertained, he must be described
6. Place where committed under fictitious name accompanied by the statement that is
true name is unknown.
INFORMATION - True name shall be inserted in the complaint if known.
- Accusation in writing charging a person with an offense - Mistake in the name of the accused is not equivalent to
subscribed by the prosecutor filed with the court mistake in the identity
- Information requires no oath - If a juridical person, It is sufficient to state its name or any
name or designation which it is known
- In offenses against property, if the name of the offended
party unknown, the property must be described with
particularity as to properly identify the offense charged.
Designation of the offense 3. Public officer
1. Designation based on statute, if none, refer to Who may prosecute criminal actions?
section or subsection Public prosecutor
2. Acts or omissions constituting the offense
Qualifying and aggravating circumstances, - If not Q: Accused violated ordinance. Peace officer filed with office
alleged, the accused cannot be convicted with such of prosecutor within two months but information filed in
offense even if proved during trial.
court by prosecutor beyond two months. Accused filed
- Such will not be also appreciated for the award of
motion to quash based on prescription because beyond two
exemplary damages
months. Decide.
The failure to designate by the statute or to mention the - Motion to quash granted. Interruption of
specific provision penalizing the act does not vitiate the prescriptive period commence only upon filing of
information if the facts alleged clearly recite the facts complaint or information in court. Rules on
constituting the crime charged. Summary Procedure only require commencement of
- Mere allegation that he is the uncle of the offended will complaint in court.
not qualify the rape. - If the case is for violations of special laws the
- Accused cannot be convicted of any offense unless it is prescriptive period shall be interrupted by the filing
charged in the information on which he is tried or is of the complaint with the prosecutor’s office
necessarily included therein. because the word proceedings refer to judicial or
executive. This rule applies to laws not covered by
Who may file a complaint? the revised Rules on Summary Procedure
1. Offended party
2. Peace officer
May a private lawyer prosecute criminal cases?
- Yes, in the following situations
1. Intervening in the prosecution of an offense when the Q: Jennifer Laude’s sister filed an urgent motion to compel
civil action for recovery of the civil liability is instated in the Armed Forces to surrender custody of Pemberton to the
the criminal action Olongapo City Jail. The motion was denied because it did not
2. In case of heavy work schedule of lack of public contain written conformity of the public prosecutor. Was
prosecutors; a private prosecutor may be authorized in the denial correct?
writing by the chief of prosecution office or the regional - Yes. In criminal cases, the People is the real party in
state prosecutor; the authority of the private interest
prosecutor must be approved by the court; such private - Allowing a private complainant to pursue a criminal
prosecutor shall continue until the end of the trial action is only a rare exception.
unless the authority is revoked or withdrawn; - The authority to prosecute criminal aspect of the
withdrawal must also be approved by the Court case, including custody issue, is lodged in the public
prosecutor
When is issuance of written authority in favor of the private
prosecutor mandatory? Private crimes
- In cases where only the civil liability is being - Crimes which cannot be prosecuted de oficio.
prosecuted by the private prosecutor. The written - They cannot be prosecuted except upon a complaint
authority must be submitted to the court prior to filed by offended party
the presentation of evidence. - Rationale: to protect the privacy of the offended
party who would suffer the stigma of a trial.
 SEDUCTION, ABDUCTION AND ACTS OF LASCIVIOUSNESS
- Shall not be prosecuted except upon a complaint by:
1. Offended party 3. Grandparents
Private crimes (CASAL D) 2. Parents 4. Guardian
1. Concubinage
2. Adultery - Pardon in this case must be EXPRESS.
- The state shall initiate if the offended party dies or
3. Seduction
becomes incapacitated and she has no known parents,
4. Abduction
grandparents or guardian.
5. Acts of lasciviousness - Minor has the right to initiate the prosecution
6. Defamation of acts constituting the above offenses independently of her parents, grandparents or guardian
EXCEPT if she is incompetent or incapable of doing so.
ADULTERY AND CONCUBINAGE - If minor fails to file, Parents, Grandparents or Guardian
- Adultery and concubinage can only be prosecuted upon a may file.
complaint filed by the OFFENDED SPOUSE.
- Such action cannot be instituted against one party alone. It CHILD ABUSE, EXPLOITATION
must be instituted against BOTH GUILTY PARTIES unless one - May be filed by:
of them is no longer alive. 1. Offended party
- Pardon may either be expressed or implied. 2. Parents or guardians
3. Ascendant, Collateral relative within 3rd degree of
DEFAMATION consanguinity
- Shall be filed by the offended party
4. Officer, social worker or representative of child caring
institution
5. Officer or social worker of DSWD
6. Barangay chairman
7. At least three concerned responsible citizens where the
violation occurred.
Q: Offended spouse filed a complaint affidavit to a office of wife or shall cohabit with her in any other place. The
the prosecutor against his wife for adultery. The prosecutor concubine shall suffer the penalty of destierro.
filed an information for adultery. The wife filed a motion to Q: Husband of wife 1 is having an affair with wife of husband
quash on the ground that there must be a complaint rather 2. The guilty parties are aware of each other’s married
than an information. Must the information be quashed? status. May wife 1 file a criminal complaint for adultery
- No. for as long as the case is initiated by the spouse, the against the wife of husband 2?
complaint affidavit shall constitute as the complaint. - No. wife 1 cannot file for adultery because she is not
The rules must be given liberal interpretation because the offended party. The offended party is the
the overriding consideration is the intent of the husband of the adulterous woman. The cuckolded
offended party to seek judicial regress husband may choose to suffer the ignominy in
silence rather than bring a public prosecution
Adultery
- Crime committed by any married woman who shall Q: may husband 2 as the offended party file adultery against
have sexual a man not her husband and by a man who the husband only who cheated with his wife?
knows her to be married even if the marriage was - No. offended party must include all guilty parties if
subsequently declared void. alive

Concubinage Q: Magdalena and Santiago, both married, were indicted for

-Crime committed by husband who shall keep mistress in adultery based on information filed by the prosecutor upon
conjugal dwelling or who shall have sexual intercourse a complaint by the wife of Santiago. Parties filed motion to
under scandalous circumstances with a woman not his quash on the ground that there is no complaint from the
husband of Magdalena. Should the motion to quash be - If the civil action for the recovery of civil liability is
granted? instituted in the criminal case.
- Yes. The complaint must only be filed by the
offended spouse who is the husband of Magdalena Q: RTC judge terminated the proceedings after the fifth
Q: A private complainant filed with the DOJ a complaint for witness when there are nine witnesses in total. The RTC also
violation of Securities Regulation Code. The DOJ dismissed granted the application for bail. The complainant alleged
holding that that it should be filed with the SEC based on grave abuse of discretion and filed a special civil action for
that law. Was the dismissal proper? certiorari with the CA. The CA dismissed on the ground that
- Yes, prosecution of complaints for violation of the petition should have been filed by or with the consent of
special laws should be governed by the provisions the Solicitor General. Was the dismissal proper?
thereof. - No. An offended party in a criminal case has
- Under the securities regulations code, a complaint sufficient personality against the RTC’s order of
must be filed with the SEC who should make a granting bail because of the grave abuse of
finding of probable cause before filing with the DOJ discretion amounting to lack of jurisdiction in
- Under the Doctrine of Primary Jurisdiction, a court terminating the proceedings prematurely.
will not entertain a controversy if the question - The ends of substantial justice would not be served
demands the exercise of sound administrative by a strict application that only the Solicitor General
discretion by an administrative tribunal. may bring or defend actions on behalf of the
Republic of the Philippines or represent the People
Intervention of an offended party in a criminal action on criminal proceedings in CA and the SC.
Q: may the offended party file the special civil action for
certiorari if the RTC fully threshed out the controversy and
heard all nine witnesses?
- No. the general rule that only the Solicitor General
may bring action in SC or CA on behalf of the People
will apply.
Q: RTC dismissed the case on the ground the crime had common understanding to know the offense and the
prescribed. The private complainant file a special civil action circumstances
challenging the quashal and moving the case be reinstated.
May the CA take cognizance of the appeal? GR: The institution of criminal action shall interrupt the
- No. only the Solicitor General may bring an appeal period of prescription of offense charged
on the criminal aspect representing the People. The EXC: Unless otherwise provided in special law.
certiorari petition must be filed with the
- The prescriptive period remains tolled from the time the
authorization of the OSG
complaint was filed until such time that the respondent is
either convicted or acquitted.
Q: accused filed a motion to dismiss on the ground of - The filing of a complaint EVEN IN THE FISCAL’S OFFICE
violation of right to speedy trial. This was denied. So the interrupts the period of prescription. Even if it is merely for
accused filed petition for review on certiorari served to the the purpose of Preliminary investigation, it shall interrupt
private complainant but not the OSG. The CA annulled the the period of prescription.
petition. Is this correct?
Yes, the case should not proceed without the OSG having - The prescriptive period for violation of special laws starts
first been impleaded because the People is on the day such offense was committed and is interrupted
by the institution of proceedings against the respondent.
Cause of the accusation - Filing an action before the Task force on Anti
-acts or omissions complained of as constituting the offense Intellectual property Piracy (TAPP) interrupted the
and the qualifying and aggravating circumstances stated in prescriptive period
ordinary and concise language, not necessarily in language
used in statute but in terms sufficient to enable person of
DUPLICITY OF OFFENSE a. Amendment downgrades the nature of the
GR: The complaint must charge only one offense. offense charged
-Information is defective if 2 or more offenses b. Excludes any accused from the complaint
-Test: whether each provision requires proof of fact which 3. Amendment after plea but during the trial:
the other does not - FORMAL AMENDMENT may be done if:
- Remedy: move to quash complaint/ information. Failure to A. Leave of court
interpose objection on the ground of duplicity of offense B. Does not prejudice the rights of the
constitute a waiver. Thus the court may convict him of as accused.
many offenses as charged
- SUBSTANTIAL AMENDMENT - Proscribed except if
Exceptions to Duplicity of Offenses: beneficial to the accused.
1. Complex crimes
2. Special complex crimes Formal amendment - does not change the nature of the
3. Continuous crimes offense or did not alter the basis of charge in both
4. Composite crimes information.

AMENDMENT COMPLAINT OR INFORMATION - The mere change in the caption from Homicide to murder -
1. Amendment before enter of plea - No need for leave of FORMAL ONLY
court, May be amended in form or substance - There was no change in the recital of facts. Same
2. Amendment with Leave of court, upon motion of the defense may be interposed. Thus merely formal.
prosecutor with notice to offended party even if made
before plea
Substantial amendment – changing the recital of facts
constituting the offense charge and determination of the
jurisdiction of the court
SUBSTITUTION OF COMPLAINT
- May be substituted if it appears at any time before
judgment that a mistake has been made in charging the - Once it is manifest that the accused cannot be
proper offense. convicted of the offense charge as when a mistake
- The court shall dismiss the original complaint once has been made in charging the proper offense, the
the new one charging the proper offense is filed court shall commit the accused to answer for the
provided that the accused will not be put into proper offense by requiring the filing of proper
double jeopardy. information.
C. PROSECUTION OF CIVIL ACTIONS – RULE 111

Rule on Implied Institution of Civil Action

When a criminal action is instituted, the civil action for the
recovery of the civil liability arising from the offense charged
shall be DEEMED INSTITUTED. - If criminal action has been filed after the civil action has
- EXCEPTION: already been instituted, the civil action shall be suspended
1. Waives the civil action in whatever stage it may be found. suspension lasts until
2. Reserves the right to institute the same final judgment is rendered
separately - Except Prejudicial questions: In this case, It is the
3. Institutes civil action prior to the criminal action criminal action which may be suspended upon
proper petition
- Also not deemed instituted if civil action does not legally
arise from the offense charged and independent source Reservation of right to institute civil action separately
-before prosecution starts presenting evidence and under
- After the criminal action has been commenced, the circumstances affording the offended party reasonable
separate civil action arising from the offense cannot be opportunity to make such reservation
instituted until final judgment has been entered in criminal
action. Instances when reservation to file civil action separately is
prohibited
1. Violation of BP 22
2. Criminal actions under Sandiganbayan
3. Tax cases
- However it does not prohibit the WAIVER of the civil action COUNTERCLAIM, CROSSCLAIM, THIRDPARTY CLAIM
or the INSTITUTION OF THE CIVIL ACTION PRIOR TO THE - Court will not entertain such claims
CRIMINAL ACTION. - A court trying the case is limited to determining the guilt of
- When civil case is filed ahead of the criminal case: the accused and determine its civil liability. It cannot award
ALLOWED. DAMAGES TO THE ACCUSED.
NO CIVIL LIABILITY IN:
1. Espionage 3. Flight to an enemy country EFFECT OF DEATH OF THE ACCUSED
2. Violation of neutrality - DIES AFTER ARRAIGNMENT AND DURING THE PENDENCY
4. Crimes against popular representation OF THE CRIMINAL ACTION – Civil liability arising from the
offense committed is EXTINGUISHED.
WHEN MAY CIVIL ACTION PROCEED INDEPENDENTLY OF - Independent civil actions may be continued against
CRIMINAL ACTION: the estate or legal representative of the accused.
1. Fundamental rights and liberties - DIES BEFORE ARRAIGNMENT - The case shall be dismissed
2. Defamation, fraud and physical injuries but the offended party may file the proper civil action
3. Refusal or failure by police force to render aid or against the estate of the deceased.
protection in case of danger to life or property - DIES DURING APPEAL- civil and criminal liabilities are
4. Quasi-delict extinguished
Note: Shall require only preponderance of evidence; - AFTER FINAL JUDGMENT- pecuniary liabilities of the
offended party may not recover twice accused are not extinguished. Claims may be filed against
the estate
Award of damages in both criminal and civil actions - Novation does not affect the criminal liability of the
- Recover the greater amount person.
- In estafa, reimbursement or compromise as to the amount - Petition for the suspension of the criminal action based
affects only the civil liability and not the criminal liability upon the pendency of a prejudicial question in a civil action
- GR: Extinction of penal action does not carry the extinction may be filed.
of civil action - There must be a motion. A motu proprio suspension is
- Except: If it is proven that the act or omission did not allowed.
not exist - NO CIVIL LIABILITY ALSO - The determination shall be made at the first instance in
- Preponderance of evidence is only required to prove civil the criminal action and not before the SC
actions
- Proof beyond reasonable doubt - Criminal actions - Suspension however is not dismissal.
- Thus even if failed to prove beyond reasonable doubt, He - The suspension is not to be filed in the civil case. It shall be
may still be civilly liable. filed in the criminal case.
- Final judgment in a civil action absolving a defendant is not - Filing of suspension does not require that it should be in a
a bar to a criminal action against the defendant court. It may be in the preliminary investigation stage.
- Parricide was filed then Declaration of nullity OTG of
PREJUDICIAL QUESTION - For it to arise, there must be a Psychological incapacity
previously instituted civil action which is similar or intimately - No Prejudicial question. Criminal case was filed
related to the issue raised in the criminal action, the before civil.
resolution of which determines whether or not the criminal
action may proceed. - Pending case with the SEC - Declaration of nullity of the
respective appointments of the petitioner and other
- It must be one civil and one criminal action individuals as corporate officers.
- Criminal action is the one suspended - Estafa was filed against one of those party
 - SC: There was prejudicial question because the
resolution of the issues raised in the FILING FEES
intracorporate dispute will determine either the - There are no filing fees required for actual damages
guilt or the innocence of the party in the case of claimed UNLESS required by the Rules:
estafa. - BP22, Estafa - based on the amount involved
- A demand made by the offended party to - Filing fees shall be paid by the offended party when he
the offender is one of the requisites of seeks moral, nominal, temperate and exemplary damages.
estafa. So the validity of demand depends - If amount is not specified in the complaint but was
upon the authority of such person making subsequently awarded, the filing fees assessed in
such demand. accordance with the rules shall constitute a first lien on the
- Collection of sum of money and BP 22 - NO PREJUDICIAL judgment.
QUESTION
- Specific performance or overpayment is not a prejudicial
question to suspend BP22
Elements of prejudicial question
1. Civil action prior to criminal action
2. Facts involved in the case are intimately related
3. Resolution of the issue in the civil action, guilt or
innocence of the accused would necessarily be
determined
4. Jurisdiction to try question lodged in another
tribunal
D. PRELIMINARY INVESTIGATION

- An inquiry or proceeding to determine whether there is

sufficient ground to engender a well-founded belief that a
crime has been committed and the respondent is probably PROBABLE CAUSE
guilty thereof and should be held for trial -Existence of such facts as would lead a person of ordinary
caution and prudence to entertain an honest and strong
- PI is not the occasion for the full and exhaustive display of suspicion that the person charged is guilty of the crime
the parties’ evidence subject of the investigation.
- PI is not a constitutional right. It is a statutory right. - More than bare suspicion but less than evidence to justify
However it is a component of due process. conviction.
- Resolution of the Sec Justice finding probable cause is not
- The right to PI may be waived for failure to invoke the right appealable to CA via petition for review under Rule 43.
prior to or at the time of the plea
- Preliminary Examination/Inquiry - Conducted by the judge - WHEN PI NOT REQUIRED:
to determine probable cause for the issuance of WARRANT. 1. Filing the complaint or information directly with
It is judicial in nature. the MTC
- Preliminary Investigation is executive in nature. 2. Filing the complaint with the office of prosecutor

- Penalty of At least 4 years, two months one 1 day – - If judge finds probable cause. he shall issue a warrant of
Preliminary Investigation is REQUIRED arrest. If he was already arrested, issue a commitment order
- Below 4 years, two months and 1 day - Not required. instead.
- The judge may not issue if he is satisfied that there
is no necessity for placing the accused under
custody.
PURPOSES OF PRELIMINARY INVESTIGATION omission of a public officer or employee which appears to be
1. for investigating prosecutor to determine if crime illegal, unjust, improper or inefficient
has been committed -PCGG
2. to protect accused from inconvenience, expense - Judges of first level courts are no longer allowed to
and burden of formal trial unless reasonable conduct PI.
probability of guilt has been ascertained - Preliminary investigation is not a mere formal or technical
3. to secure innocent against malicious and oppressive right but a substantive one forming part of due process
prosecution and to protect him from having to
conduct useless and expensive trials Executive Judicial
Determination Determination
WHO MAY CONDUCT PRELIMINARY INVESTIGATION: As to rationale To hold person for To issue warrant of
1. Provincial or city prosecutors and their assistants trial arrest
2. National and regional state prosecutors As to whose Public prosecutor Judge
3. Other officers authorized by law function
- Comelec has the power to conduct preliminary As to purpose To determine WON To determine WON
there is reasonable warrant of arrest
investigation of all election offenses punishable under OEC
ground to believe should be issued
- The power is concurrent with other prosecuting arms. The
that accused is
Comelec no longer needs to deputize other prosecuting guilty of the
arms of the government. offense and should
- Ombudsman has the authority to investigate and be held for trial
prosecute on its own or on complaint by any person. Its - courts may not review finding of probable cause by
power is plenary and unqualified and pertains to any act or the prosecutor
STEPS IN PRELIMINARY INVESTIGATION
1. Filing of the complaint with the investigating prosecutor
2. The investigating officer has 10 days to decide whether
1. Dismiss the complaint
2. Issue subpoena to respondent in case he finds the
need to continue with the investigation.
3. The respondent shall be required to submit his counter-
affidavit
- The respondent who receives the subpoena is not
allowed to file MD in lieu of counteraffidavit
- If the respondent did not submit counter affidavit,
The investigating officer shall resolve the complaint
based on the evidence presented by the
complainant.
- This is the same effect of an ex parte investigation
4. A hearing may be set up by the investigating officer
- Parties can be present in the hearing but they have
no right to examine or cross examine each other or
witnesses.
- Clarificatory hearing is discretionary
5. Within 10 days from the termination of the hearing the
prosecutor must decide.
RESOLUTION OF THE INVESTIGATING PROSECUTOR
- must certify under oath:
1. He, or an authorized officer personally
examined complainant and witnesses
2. Reasonable ground-crime committed and
accused is guilty
3. Accused- informed of complaint and
evidence against him
4. Given opportunity to submit controverting
evidence
- Forward the record to provincial/ city prosecutor or
to Ombudsman or his deputy- no complaint/
information may be filed without their approval
-if without approval, not cured by silence,
acquiescence or waiver
-lack of approval may be raised at any stage
of the proceedings
REMEDY OF AGGRIEVED PARTY
1. File MR/ motion for reinvestigation within 15 days
from receipt of assailed resolution
- Only 1 MR is allowed
2. Appeal by filing verified petition for review with Sec.
of Justice by furnishing copies to adverse party or
Prosecution office; Conditions:
a. Filed within 15 days from receipt
b. Shall not stay filing of information in Court
c. Accused may also file motion for suspension
of arraignment
d. Shall no longer be given course if accused
already arraigned when filed. But if filing
precedes arraignment, Sec of Justice may
consider petition
e. Sec of Justice may dismiss if:
i. Patently without merit or manifestly
intended for delay
ii. Issues are too unsubstantial to
require consideration
f. Accused may file MR from dismissal of Sec
of Justice within 10 days from receipt
Notes: prosecutor and provincial city prosecutor within 15 days
- A prosecutor has no obligation to file a criminal action. It is from the receipt of such resolution by means of filing a
discretionary. PETITION FOR REVIEW.
- Mandamus will not lie - The appeal does not hold or prevent the filing of
- Even in the absence of a certification as to the holding of information in court unless Secretary of justice directs
Preliminary investigation, the information is still considered otherwise.
valid because it is not an essential part of the information - A party filing for petition for review is allowed to file a
- No information may be filed or dismissed by an motion for the suspension of arraignment.
investigating prosecutor without the prior written authority - The Secretary of Justice may direct the prosecutor either to
or approval of the provincial or city prosecutor file the corresponding information without conducting
- The resolution of the investigating officer may be another PI or to dismiss or move for the dismissal of the
reversed or affirmed by the provincial or city complaint .
prosecutor or chief state prosecutor or ombudsman - Secretary of justice can reverse or modify the resolutions
- When the Investigating prosecutor recommends dismissal of prosecutors.
of the complaint, The provincial or city prosecutor or his - The court cannot interfere with the discretion of the
deputy may reverse such if and may file an information Executive department in the course of Preliminary
against the respondent or direct another assistant investigations EXCEPT when there is Grave abuse of
prosecutor or state prosecutor to do so without the conduct discretion
of another Preliminary investigation. - If there is Grave abuse of discretion to the act of the
- The aggrieved party may file a motion for reconsideration Secretary of Justice, Petition for Certiorari
within 15 days from the receipt of the assailed resolution (Rule 65) may be filed to the CA. RULE 43 IS NOT THE
- An appeal may be brought to the Secretary of Justice from PROPER REMEDY
the resolutions of Chief state prosecutor, Regional State
- Appeals from petition for review from the decisions of
Secretary of Justice may be entertained by the Office of the WHEN PI IS NOT REQUIRED EVEN IF THE OFFENSE IS
President under the following jurisdictional facts: HIGHER THAN 4 YEARS, 2 MONTHS 1 DAY:
1. Punishable by reclusion perpetua to death Valid warrantless arrest
2. New materials are raised which were not previously - Inquest proceedings will be proper
presented before the DOJ.
3. Prescription of the offense is not due to the laps within 6
Remedies of the accused if there was no PI:
months from notice of the questioned resolution 1. Such person may ask for Preliminary investigation
4. Within 30 days from notice. before the complaint is filed but he must sign a waiver
IN WRITING of the provisions of Article 125 of RPC in
- Decisions from the Office of the president may be appealed the presence of the counsel.
by PETITION FOR REVIEW TO CA within 15 days from notice - Such person may still apply for bail even after
via RULE 43. waiver of Art 125.
- The aggrieved party from CA may avail of an appeal by 2. Even if complaint has already been filed, the person
certiorari by RULE 45 to the SC may still ask for PI WITHIN 5 DAYS FROM THE TIME HE
LEARNS OF ITS FILING.
- Record of the PI shall NOT FORM PART of the record of the - if filed beyond 5 days, denied outright
case. - Any person in custody who is not yet charged in
- The court on its own motion or a motion of a party may court may apply for bail.
order the production of the record. - It is filed and issued by the court in the province,
city where the person arrested is held
 - To determine WON persons should remain in custody and
charged in court
- Inquest is conducted by public prosecutor
- Should it be found that the arrest was properly effected,
the officer shall ask if he desires to avail himself of
Notes: preliminary investigation.
- Questioning the regularity or absence of PI shall be done - The inquest conducted must be for the offense for which
before he enters plea or else deemed waived. the detainee was arrested.
- Application of bail does not bar him from questioning the Termination of Inquest Proceedings:
validity of PI 1. Crimes punishable by light penalties- 12 hours
- Absence of PI is not one of the grounds for motion to 2. Crimes punishable by correctional penalties- 18 hrs
quash. 3. Crimes punishable by afflictive or capital- 36 hrs
- If before plea it was objected, the court shall not dismiss
the case. It shall hold in abeyance the case and remand the WARRANTLESS ARREST OF TERRORISTS
it to the prosecutor to conduct the PI. -Under Human Security Act, “ judicially declared and
- Absence of PI does not affect court’s jurisdiction over the outlawed organization” – declared by the RTC as any
case. organization, or association organized for purpose of
engaging in terrorism or even though unorganized, uses
INQUEST PROCEEDINGS acts to terrorize or to sow widespread fear
- Informal and summary investigation -Declaration by the RTC may be made upon application by
- Conducted when a person is lawfully arrested without the DOJ
warrant involving even an offense which requires a PI. -Police who arrests must present person before any judge
before detaining; must be immediately after arrest by
 notifying judge nearest place of apprehension in writing instead of warrant of arrest if no need to place accused in
or by bringing to judge residence custody
- Must be done within 3 days to avoid liability
- Duties of the judge: FILING OF COMPLAINT TO THE COURT
1. Ascertain identity of police or person arrested - The judge shall personally examine the resolution of the
2. Inquire reasons of arrest prosecutor WITHIN 10 DAYS FROM FILING.
3. Determine by questioning and personal - If fails to establish probable cause: DISMISS
observation WON person has been subjected - If finds probable cause: He shall issue a warrant of arrest or
to torture commitment order
- In case of doubt: order prosecutor to present additional evidence
4. Submit written report on observations within 5 days from notice
Actual or Imminent terrorist attack
-suspects may not be detained for more than 3 days without - Once a criminal action is filed in court, any disposition of
written approval of provincial, municipal, city office of the case or dismissal or conviction of the accused rests
Human Rights Commission or judge of MTC/ RTC/ within the exclusive jurisdiction of the TRIAL COURT.
Sandiganbayan or justice of CA - The trial court shall not rely solely on the findings of the
- written approval must be obtained within 5 days after prosecutor. It must make an independent evaluation or
detention assessment
- A motion to withdraw an information filed by the city
WARRANT OF ARREST IS NOT REQUIRED: prosecutor shall be decided based on the independent
1. Lawful warrantless arrest assessment of the trial court. The trial court is not bound
2. Charged of an offense punishable by ONLY FINE with the resolution of the prosecutor.
3. Rules of Summary procedure/ filed with the MTC and
involves offense not requiring PI, judge may issue summons
- However, an appeal of the resolution of a prosecutor may
still be made notwithstanding that informations had already
been filed in court.
- Preliminary investigation does not require confrontation
between parties
- Want of oath is a mere defect of form which does not
affect the substantial rights of the defendant on the merits.
E. ARREST 4. To recapture him if he escapes
5. To protect himself from bodily harm
ARREST - Taking of a person into custody in order that he
may be bound to answer for the commission of in offense.
REQUISITES FOR THE ISSUANCE OF WARRANT OF ARREST
HOW ARREST MADE 1. Probable cause
1. actual restraint of the person to be arrested 2. Personally examined by the judge
2. A submission to the custody of the person making 3. Person shall be particularly described
the arrest already constitutes arrest.
- If at the time of the apprehension, a crime has already DETERMINATION OF PROBABLE CAUSE BY THE JUDGE
been committed, it must be based on PROBABLE CAUSE. - Probable cause is more than suspicion but less than
- Probable cause must be based on PERSONAL KNOWLEDGE evidence that would justify conviction.
by the arresting officer - The judge is not required to personally examine the
complainants and his witnesses. He is only mandated to
METHODS OF ARREST PERSONALLY EXAMINE AND EVALUATE THE REPORT AND
1. Officer with warrant THE SUPPORTING DOCUMENTS submitted by the fiscal.
2. Officer without warrant - Personal determination means that he should not solely
3. Private person rely on the report of the investigating officer
- No hearing de novo in the determination of probable cause
When is using force justified – when necessary to: in the issuance of warrant of arrest
1. To secure and detain offender
2. To overcome his resistance
3. To prevent his escape
- The person making an arrest shall inform the person of VALID WARRANTLESS ARREST:
the cause and the fact that a warrant has been issued for 1. In flagrante Delicto - In his presence, the person to be
his arrest. It shall not be required when: arrested has committed, is actually committing or is
A. Flees attempting to commit an offense
B. Forcibly resists 2. Hot Pursuit - Offense has just been committed and he has
C. Imperils the arrest probable cause to believe based on his personal knowledge
- The office need not have the warrant of arrest at the time of the facts or circumstances that the person to be arrested
of the arrest commit it.
- The arrest warrant shall be shown to him as soon 3. Escapee - A prisoner who has escaped from a penal
as practicable or when the person arrested so establishment or place where he is serving final judgment or
requires. temporarily confined while his case is pending.
- Public officer or private person (Citizen’s Arrest) may effect
- Person arresting has the authority to orally summon as such arrest
many persons as he deems necessary to assist him in - A bondsman may arrest an accused for the purpose of
effecting the arrest surrendering him to court.
- Every person is required to give assistance except if - An accused released on bail may be re arrested without a
it will be detrimental to himself warrant if he attempts to depart from the PH without
- Officer has the authority to break into any building or permission of the court.
enclosure
in case he is refused admittance after announcing his IN FLAGRANTE DELICTO
authority and purpose - Mere suspicion and reliable information are not
justifications
- The accused must perform some overt act that would since they had at least 2 days to apply for the same still
indicate that he has committed, is actually committing or is they failed to acquire such warrant (PEOPLE VS
attempting to commit an offense. AMINNUDIN)
- Reliable information alone without an overt act done in the
“IN PRESENCE OR WITHIN THE VIEW” presence of the arresting officer - NOT IN FLAGRANTE
- When he sees the offense, although at a distance or DELICTO
hears the disturbances created and thereby procees - Mere allegation that the person is moving fast and is
at once to the scene looking at every person is not sufficient.
- Offense is continuing, has been consummated - Mere looking from side to side and clutching his abdomen
and walking in a clear light of day - NOT IN FLAGRANTE
DELICTO
REQUISITES OF IN FLAGRANTE DELICTO - Even when in the surveillance of the police but at the time
1. Overt act indicating that he has just committed, is actually of the arrest, no overt act was committed- NOT VALID
committing or is attempting to commit a crime WARRANTLESS ARREST
2. Done in the presence or within the view of the arresting - In a Bus trip, The accused placed her bag ON THE BACK
officer/individual SEAT instead of the normal practice of placing it by her side.
Since it is unusual for a traveler to do that, SUSPICION OF
- Officers received a tip from an informer that the accused THE AGENT
was on board an IDENTIFIED vessel on a particular time and WAS AROUSED. He then inserted his finger inside and felt
date was carrying drugs. The accused was descending of the another plastic from which emanated the smell of
ship and the officers arrested him. marijuana. THERE WAS VALID WARRANTLESS ARREST
- SC: INVALID ARREST. No overt act done in the (People vs Anita Claudio)
presence. The officers could have obtained a warrant
- Police officers with Barangay tanods were conducting 2. PROBABLE CAUSE BASED ON PERSONAL KNOWLEDGEThe
surveillance operations in a bus station to check on persons person making the arrest has personal knowledge of facts
who may be engaging in the traffic of dangerous drugs indicating that the person arrested committed it.
based on the informers. They noticed a person who was
acting suspiciously. Dangerous drugs were found. - If made one year after the offense was committed –
SC: Valid warrantless arrest because the officers wren faced ILLEGAL ARREST
by an on the spot information - This does not require that the arresting officers personally
which required them to act swiftly. (PEOPLE VS TANGLIBEN) witnessed the commission with their own eyes. Personal
- Confidential reports from the informers of the transport of knowledge of facts must be based on probable cause which
marijuana. Officers set ups checkpoint. A jeepney were means actual belief or reasonable grounds of suspicion
identified by the informers manning the checkpoint. Drugs - Act of the accused of trying to get away coupled with the
were seized. - VALID ARREST (People VS Maspil) incident report is enough to raise a reasonable suspicion on
- In Aminnudin, It was invalid search because the officers the part of the police.
were aware of the identity of the accused and the vessel - The right to break into building or enclosure can be
taking and they had sufficient time to get the warrant. In performed only by PUBLIC OFFICERS. Not an individual.
Maspil, They had no exact description of the vehicle and no - Arrest may be made on any day and at any time of the day
definite time of arrival. or night

HOT PURSUIT RIGHTS OF THE PERSON ARRESTED:

REQUIREMENTS: 1. Assisted by counsel at all times
1. IMMEDIACY- That the offense has just been committed 2. Right to remain silent
3. To be informed of the above rights
4. To be visited by the immediate members of his family, by - Shall include the practice of issuing an invitation to a
his counsel or by any non governmental organization person who is investigated in connection with an offense he
national or international is suspected to have committed without prejudice to the
liability of the inviting officer for any violations of law.
- Counsel shall be independent and competent
- In absence of a lawyer, No custodial investigation shall be - If arresting officer shall failed to inform a person of his
conducted rights - LIABLE UNDER RA 7438
- Any waiver of Art 125 shall be in writing and signed by the - Any person who obstructs, prevents or prohibits a person
person arrested in the presence of his counsel otherwise to be visited by the people entitled to visit - liable under RA
void. 7438
- Any extrajudicial confession made shall also be in writing
and signed by the person arrested in the presence of his - The legality of an arrest affects only Jurisdiction over the
counsel or in the latter’s absence, upon a valid waiver, and person
in the presence of any of the parent’s older brothers and - Waiver of an illegal warrantless arrest does not mean a
sisters, spouse, municipal mayor, municipal judge, district waiver of the inadmissibility of the evidence seized.
school supervisor or priest, minister of the gospel as chosen
by him. - An application to bail shall not bar a person to challenge
- Otherwise, INADMISSIBLE the validity of his arrest provided that he raises it before
plea.
- If challenges validity of arrest first time on appeal –
DEEMED WAIVED.
Custodial Investigation - VALIDITY OF ARREST MUST BE QUESTIONED BEFORE HE
ENTERS PLEA. Or else WAIVED.
 - It must be raised in a MOTION TO QUASH
PERSON NOT SUBJECT TO ARREST
1. Senator or member of HOR in all offenses punishable by
NOT MORE THAN 6 YEARS OF IMPRISONMENT while
congress is in session.
2. Under generally accepted principles of international law,
Sovereigns, other chiefs of state, Ambassadors, Ministers
Plenipotentiary, Ministers Resident, Charge De Affaires
3. Duly accredited ambassadors, public ministers of foreign
country and their duly registered domestics.
F. BAIL - Presumption of innocence does not carry with it full
- enjoyment of civil and political rights
Security given for the release of the person in custody of
law furnished by him or a bondsman to guarantee his FORMS OF BAIL:
appearance before any court as required under certain 1. CORPORATE SURETY - Furnished by a domestic or foreign
specified conditions. corporation duly licensed as a surety and authorized to act
as such subscribed jointly by the accused and the officer of
NATURE OF RIgHT TO BAIL: the corporation duly authorized by the BOD
- Purpose of bail is to guarantee the appearance of person - Every surety is also required to justify in an affidavit taken
before any court when so required. before the judge that he possesses the qualifications of a
- Right to bail is a constitutional right. It is personal and surety
waivable - No bail shall be approved unless surety is qualified.
- It springs from the presumption of innocence until proven 2. PROPERTY BOND - Constituted as a lien on the real
guilty beyond reasonable doubt. property given as a security for the amount of bail. Within
- Bail is not intended to cover the civil liability of the accused 10 days from approval the accused shall cause the
- It may be applied to the payment of fine and costs while annotation on the COT. Within 10 days from the
the excess if any shall be returned to the accused or to performance, Accused shall submit compliance to the court.
whoever made the deposit. 3. CASH DEPOSIT - Accused or any person in his behalf may
- All prisoners whether preventive or final judgment, cannot deposit in cash with the nearest collector of internal
practice their profession nor engage in any business or revenue or municipal, city or provincial treasurer or the clerk
occupation, hold office, elective or appointive while in of court where the case is pending the amount fixed.
detention - A judge is not authorized to receive cash deposit
4. RECOGNIZANCE - Obligation of record entered into before - The inability of the accused to secure bail in a certain
some court duly authorized to take it, with the condition to amount is not solely to be considered and this fact alone
do some particular act. does not make it excessive
- It may be on the recognizance of the accused or - Bail shall be effective upon approval and unless cancelled
other responsible person. shall remain in force at all stages of the case until
promulgation of judgment of RTC irrespective of whether
REQUISITES FOR PROPERTY BOND: the case was originally filed in or appealed to it.
1. Resident owner of real estate within PH - Bail bond posted by the accused can only be used during
2. Real estate must be worth at least the amount of bail the 15 day period to appeal and not during the entire period
of appeal.
RECOGNIZANCE MAY BE PROPER WHEN:
1. Offense charged is for violation of ordinance, light felony WHEN BAIL IS NOT ALLOWED:
or criminal offense, the imposable penalty which DOES NOT 1. Reclusion perpetua and guilt is strong
EXCEED 6 MONTHS IMPRISONMENT AND/OR 2K FINE. 2. After judgment of conviction has become final
2. In custody for a period to or more than the minimum of 3. Commencement of sentence
the imposable principal penalty without application to
ISLAW. The court may either grant release on his own CONDITIONS OF BAIL
recognizance or reduced bail. 1. effective upon approval, unless cancelled, to remain in
3. When accused applied for probation pending finality of force at all stages of the case until promulgation and
judgment judgment of RTC, irrespective of whether the case was
4. Youthful offender originally filed in or appealed to it
5. Summary procedure when the accused has been arrested 2. accused to appear in court when required by Court or
for failure to appear when required. rules
3. failure to appear is considered waiver of appearance->
trial in absentia
4. bondsman to surrender the accused to the court for
execution of final judgment
KINDS OF BAIL 4. In custody but not yet charged: court in province where he is
1. BAIL AS A MATTER OF RIGHT held
2. BAIL AS A MATTER OF DISCRETION WHEN BAIL IS A MATTER OF RIGHT:
- When charged with offenses punishable by Reclusion 1. Before and after conviction by MTC
perpetua - If punishable only by prision correccional - MATTER OF
- Evidence of guilt is strong - NOT BAILABLE RIGHT regardless of circumstance
- Evidence of guilt is not strong – BAILABLE 2. Before conviction by RTC of an offense not punishable
- Suspension of privilege of writ of habeas corpus does not by death, reclusion perpetua, life imprisonment
impair the right to bail 3. Prior to conviction of offense punishable by death,
- No distinction as to political complexion or moral turpitude reclusion perpetua when evidence of guilt is not strong
involved. Note: Presence of high degree of probability that the
defendant will abscond only entitles the judge to increase
PROOF EVIDENT / EVIDENT PROOF the bail. not to reject it.
- Clear, strong evidence which leads a well guarded
dispassionate judgment to the conclusion that the offense
has been committed as charged and that the accused is
guilty and that he will probably be punished capitally

WHERE TO FILE APPLICATION FOR BAIL

1. Court where the case is pending
2. If arrested in a province, city or municipality other than where
the case is pending - FILE IN ANY RTC OF SAID PLACE
3. When Bail is a matter of discretion: Where pending
 - 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.

(2) If penalty imposed by RTC is imprisonment

exceeding six (6) years, bail denied/ cancelled if
shown by the prosecution that accused is:
(a) recidivist, quasi-recidivist, or habitual
delinquent, reiteration
(b) previously escaped from legal confinement,
WHEN BAIL IS A MATTER OF DISCRETION: evaded sentence, or violated the conditions of
(1) Upon conviction by RTC his bail without valid justification
a. offense not punishable by D, RP, LI (c) committed the offense while under probation,
parole, or under conditional pardon
- application for bail may be filed and acted upon by (d) probability of flight
the trial court despite the filing of a notice of appeal, (e) undue risk that he may commit another crime
provided it has not transmitted the original record during the pendency of the appeal.
to the appellate court.
-appellate court may, motu proprio or on motion of any 3. Committed an offense while on probation, parole or
party, review the resolution of the Regional Trial Court conditional pardon
after notice to the adverse party in either case 4. Probability of flight if released on bail
-Where the grant of bail is a matter of discretion, or the 5. Undue risk that he will commit a crime
accused seeks to be released on recognizance, the - It is still discretionary. Absence of any circumstance will not
application may only be filed in the court where the case warrant automatic grant
- No cancelation or denial of bail ex parte. There should be
is pending, whether on preliminary investigation, trial, or
notice
on appeal
-discretion lies in the determination of whether the evidence
Capital offense
of guilt is strong; if determined that it is not strong, then - Punished by death
bail is a matter of right - It is determined by the penalty imposable and not penalty
-Hearing shall be conducted. It summary in nature imposed
-If bail is denied: REMEDY: CERTIORARI RULE 65 The amendatory of 9346 extends only to the application of
-If the decision of trial court convicting the accused changed death penalty but not the definition of classification of
the nature of the offense from Non bailable to bailable, crimes
The application for bail can only be filed and resolved by - Thus the reckoning penalty shall not be death anymore. It
the APPELLATE COURT shall be from Reclusion perpetua. Death is not anymore
EVEN IF THE PENALTY IMPOSED IS ONLY ABOVE 6 YEARS, included in the graduation of penalties
BAIL SHALL BE DENIED IF:
1. Recidivist, quasi recidivist, HD or reiteration Hearing of Application for Bail in Capital Offenses
2. Escapee
- prosecution has the burden of showing that evidence of
guilt is strong Duties of judge hearing the petition for bail when capital
-Rule 114 Sec. 8: - The evidence presented during the bail offenses are involved
hearing shall be automatically reproduced at the trial a. notify the prosecutor of the hearing of the application for
bail or require him to submit his recommendation
Summary hearing b. bail is a matter of discretion- conduct a hearing of the
- Brief and speedy method of receiving and considering the application for bail regardless of whether or not the
evidence of guilt as practicable and consistent with the prosecution refuses to present evidence to show that the guilt
purpose of hearing which is merely to determine whether of the accused is strong for the purpose of enabling the court
the evidence is strong for the purposes of bail. to exercise its sound discretion
- Even if it is bailable but the probability of escape is great, c. Decide whether the guilt of the accused is strong based on
the court may deny the bail the summary of evidence of the prosecution
d. If the guilt of the accused is not strong, discharge the
PRESUMPTION GREAT accused upon the approval of the bail bond
- Inference of guilt naturally to be drawn therefrom is
strong, clear and convincing to an unbiased judgment and GUIDELINES IN FIXING AMOUNT OF BAIL
excludes all reasonable probability of any other conclusion. 1. Financial ability of accused to give bail
- The word strong does not mean proof beyond reasonable 2. Nature and circumstance of offense
doubt. 3. Penalty for the offense charged
- The bail shall not be excessive in such a way that it 4. Character and reputation of the accused
becomes meaningless 5. Age and health of the accused
- There is no right to bail in the Military 6. Weight of the evidence against the accused
7. Probability of the accused appearing at the trial
 8. Forfeiture of other bail 6. Pardoned for at least 2 times.
9. Accused was a fugitive from justice when arrested : INSTEAD OF BAIL, They are required to report to clerk of
10. Pendency of other cases where the accused is on bail court every 2 weeks
INSTANCES WHERE BAIL IS NOT REQUIRED
- If person has been in the custody for a period equal to or
more than the possible maximum imprisonment - RELEASED
IMMEDIATELY, if penalty is Destierro - released after 30
days in prison
- In cases filed in MTC for offense punishable by
imprisonment of less than 4yr,2m,1day, and the judge is
satisfied that there is no necessity for placing the accused
under the custody of the court, HE MAY ISSUE SUMMONS
ONLY INSTEAD OF WARRANT OF ARREST.
- IN SUCH CASE, BAIL IS NOT REQUIRED.
- If charged with the violation of municipal ordinance, light
felony with penalty not higher than
6 months or fine of 2k.
- EXCEPT:
1. In flagrante delicto
2. Confesses the commission of the offense
3. Escapee
4. Recidivism, Habitual delinquent, Guilty of Reiteracion
5. Commits an offense while on parole or conditional pardon
Increase or Reduction of Bail
After the accused is admitted to bail, the court may, upon
good cause, increase or decrease the amount FORFEITURE OF BAIL
- If he fails to appear in person as required, his bail shall be
Increased bail declared FORFEITED.
The accused may be committed to custody if he does not - The bondsman shall be given 30 days within which
give bail in the increased amount within a reasonable period to produce their principal and to show cause why no
- If originally released without bail, he may be required later judgment should be rendered against them
to post bail - Failing in this requirements, a Judgment shall be
rendered against bondsmen jointly and severally for
Reduced bail the amount of bail.
A person in custody for a period equal to or more than the - Judgment against the bondsmen cannot be entered unless
minimum of the principal penalty prescribed for the offense such judgment is preceded by an order of forfeiture and
charged may be released on a reduced bond [Sec. 16, Rule opportunity given to the bondsmen to produce the accused
114] or to adduce reason for their inability
- Order of Forfeiture is interlocutory

CANCELLATION OF BAIL
- Upon application of the bondsman with due notice to the
prosecutor upon:
- Surrender of the accused
- Proof of death
- The bail may also be deemed automatically cancelled - EXCEPTION: After the extradite has been arrested it may be
upon: granted bail provided:
- Acquittal, Dismissal or execution of judgment of A. Once granted bail, the applicant will not be a
conviction flight risk or danger to the community
B. There exist special, humanitarian and compelling
Application not a Bar to Objections on Illegal Arrest, circumstances
Lack of or Irregular Preliminary Investigation
An application or an admission to bail shall notbar the - Extradition is an executive not a judicial responsibility
accused from challenging orquestioning the: - PH jurisprudence has not limited the exercise of right to
a. Validity of his arrest bail to criminal proceedings. It can be applied to
b. Legality of the arrest warrant administrative proceedings like deportation
c. Regularity of PI, or - The right of the prospective extradited to apply for bail
d. Absence of PI must be viewed in the light of the various treaty obligations
Provided, that the accused raises them beforeentering his of the PH concerning respect for the promotion of human
plea. The court shall resolve the objections as early rights.
as practicable but not later than the start of the
trial of the case
BAIL IN DEPORTATION PROCEEDINGS
BAIL IN EXTRADITION PROCEEDINGS - Grant of bail is only discretionary and not mandatory on
- GR: Bail does not apply to extradition proceedings because the part of the Commissioner of Immigration
they do not render judgments of conviction or acquittal - Power and discretion is granted to the Commissioner of
- Extradition proceeding is not criminal in nature. Immigration and not to the courts.
- Bail may be furnished by the applicant or a bondsman
 - A fugitive may not apply for bail unless he gives himself up
first to the custody of law.

UNDER THE CUSTODY OF LAW

- Arrested or voluntarily surrendered himself.
- A person in hospital may be deemed in custody of law if he
clearly communicates his submission

OBLIGATIONS AND RIGHTS OF BONDSMAN

1. Shall surrender the accused to the court for execution of
final judgment
- The Bondsman may arrest him, or upon written BAIL TO GUARANTEE APPEARANCE OF MATERIAL WITNESS
authority cause him to be arrested by a police officer - A material witness may be required by the court to post
or any other person of suitable age. bail if the court is satisfied that he will not testify when
- An accused released on bail may be rearrested required.
without the necessity of a warrant of arrest if he - If he refuses to post bail, The court may commit
attempts to depart from the PH without permission him to prison until he complied.
of the court
- Bail cannot be availed by someone outside the custody of - A person in custody of the law may post for bail even if he
the law. is not yet charged in court.
- The application for bail shall be made with any court in the 5. Self incrimination
province where the person is arrested. 6. Confront and cross examine
- MTC Judge has no authority to grant bail to the accused 7. Compulsory process to secure attendance of witnesses
arrested outside his territorial jurisdiction 8. Speedy, impartial and public trial
- Failure of the accused to appear at the trial without 9. To appeal
justification despite due notice shall be deemed a waiver on
his right to be present and TRIAL MAY PROCEED IN PRESUMPTION OF INNOCENCE
ABSENTIA - It prevails over presumption of regularity in the
- The grant of bail shall not be conditioned upon the prior performance
arraignment of the accused. Arraignment is not a necessary - Proof beyond reasonable doubt is indispensable to
element for bail. overcome the constitutional presumption of innocence
- Application for bail in a case involving an offense - Proof beyond reasonable doubt does not mean such a
punishable by reclusion perpetua to death may also be degree of proof as, excluding possibility of error, produces
heard even before accused is arraigned. conviction in an unprejudiced mind.
- Person may apply for bail the moment he is deprived of his - Mere moral certainty is required.
liberty by virtue of arrest of voluntary surrender. - Prosecution must rest on its own merits and must not rely
RIGHTS OF THE ACCUSED – RULE 115 on the weakness of the defense
1. To be presumed innocent until contrary is proven beyond - The court shall review the totality of evidence presented by
reasonable doubt the parties. It should not confine itself to oral testimony
2. To be informed of the nature and cause of the accusation during the trial
3. To be present and defend in person and by counsel at every
stage of proceedings EQUIPOSE RULE
4. To testify as witness on his own behalf
- Where the evidence in a criminal case is evenly balanced, particular suspect taken into the custody by the police who
the constitutional presumption of innocence tilts the scales carry out process of interrogation that lends itself to elicit
in favor of the accused. incriminating statement
- It is basic constitutional right of the accused persons to be - It shall include the practice of issuing an invitation to a
informed of the nature and cause of accusation against person who is investigated in connection with an offense he
them is suspected to have committed.
- Qualifying and aggravating circumstances shall be alleged - Custodial investigation report shall be in writing
- Minor variance between the information and the evidence - If the person arrested does not know how to read and
does not alter the nature of the offense nor does it write, it shall be read and adequately explained to him by his
determine or qualify the crime of the penalty. counsel in the language or dialect known to him. If it is not
- Failure to file a motion to quash the information cannot done, it shall be null and void.
amount to a waiver of the constitutional right to be - In absence of any lawyer, no custodial investigation shall
informed. be conducted.
- In Criminal cases, the right of an accused to be assisted by - Failure to inform the suspect of her right to counsel during
a member of the bar is immutable. Even if the judgment has custodial investigation attains significance only if the person
become final and executory, it may still be recalled and the under investigation makes a confession in writing without
accused be afforded of the opportunity to be heard. aid of counsel
- Any person arrested, detained or under custodial - The suspect must also be advised that he has the option to
investigation shall at all times be assisted by counsel. reject the counsel provided for him by the police authorities
- The moment a police officer tries to elicit admissions or
CUSTODIAL INVESTIGATION confessions or even plain information from a suspect, the
- Where the police investigation us no longer a general latter at this juncture be assisted by counsel unless he
inquiry into an unsolved crime but has begun to focus on a
waives this right in writing and in the presence of the
counsel
- A police line up is not part of the custodial investigation
- Barangay chairman is not deemed a law enforcement
officer. Suspect’s uncounselled statement before the
barangay chairman is admissible.
- The choice of counsel by the accused is not a plenary one.
If chosen counsel deliberately makes himself scarce, the
court is not precluded from appointing a de officio counsel.
- Right to counsel may be waived but it must be in writing
and signed in the presence of acounsel
- Competent or independent lawyer should be present from
the beginning to end, at all stage of interview, counseling or
advising caution reasonably at every turn of the
investigation
- If fans to meet the qualifications of being competent and
independent, Confession shall be inadmissible
- If the participation of the lawyer was confined to the
notarization of the confession alone, It is not the assistance
that the law contemplates
REQUISITES OF EXTRAJUDICIAL CONFESSION UNDER
CUSTODIAL INVESTIGATION
1. In writing and signed by the person arrested. APPROACHES TO SPEEDY TRIAL
2. Signed in the presence of his counsel or in the latter’s 1. Fixed time period - Constitution requires a criminal
absence, upon a VALID WAIVER defendant to be offered a trial within a specified period
3. The waiver must be signed in the presence of any of the 2. Demand waiver rule - A defendant waives any
parents, elder brothers, and sisters, spouse, the municipal consideration of his right to speedy trial for any period prior
mayor, municipal judge, district school supervisor, or priest to which he has not demanded trial
- Admissions made without assistance of the lawyer are 3. Balancing Test - conduct of both the prosecution and
inadmissible defendant are weighed.
- An extrajudicial confession made by an accused shall not
be sufficient ground for conviction unless corroborated by Guidelines to determine violation of right to speedy trial:
evidence of corpus delicti 1. Length of delay
- The accused’s confession to a bantam bayan is inadmissible 2. Reason
in evidence if done without the assistance of a counsel 3. Assertion or failure to assert such right by the accused
- Bantay bayan are recognized by the local government to 4. Prejudice
perform functions relating to the preservation of peace and
order at the barangay level
RIGHT TO SPEEDY TRIAL delay because judges are allowed to file extensions in deciding
- CONSTI: All persons shall have the right to a speedy cases.
disposition of their cases before all judicial, quasi judicial or
administrative bodies - Absence of clerk of court or stenographer should not affect
- Defined as one free from vexatious, capricious and oppressive the prompt disposition of cases. The incompleteness of the
delays, its purpose being to assure that an innocent person transcript of stenographic notes is not a ground for delay
may be free from the anxiety and expense of court litigation.
- It is flexible. It depends upon the circumstances GR: Rules prescribing the time within which certain acts be
- Although a speedy determination of an action or proceeding done are ABSOLUTELY INDISPENSABLE to the prevention of
implies a speedy trial, speed is not the chief objective of a trial. needless delays. However, This right is flexible in nature.
A genuine respect for the rights of all the parties is more Delay shall be considered in view of the entirety of the
important
proceedings.
- Right extends to both parties
- It is violated when the proceedings are attended by vexatious,
- A dismissal based on violation of speedy trial is equivalent
capricious and oppressive delays
- It took them 4 years to finish the preliminary investigation. SC: to an acquittal and double jeopardy may attach even if the
The respondent was prejudiced by the delay. dismissal is with consent of the accused.
- Delay of 6 years by the Ombudsman in resolving the criminal - To exercise right to speedy trial, the accused should ask for
action violated the right to speedy trial the trial of the case first instead of moving for its dismissal
- A judge’s illness should not be an excuse for his failure to outrightly
render the corresponding decision
- A heavy work load due to additional work as acting presiding RIGHT TO COUNSEL IN ADMINISTRATIVE CASES
judge in other courts is not a sufficient justification for the - It is not indispensable irrespective of the nature of charges
and of respondent’s capacity to represent himself
- Extrajudicial confession must be made with voluntariness - Wear particular clothing - not part of the privilege
and that it was given freely and without any coercion. - The prohibition against self incrimination applies to the use of
physical or moral compulsion to extort communications from
him. NOT AN EXCLUSION OF HIS BODY AS EVIDENCE.
PRIVILEGE AGAINST SELF INCRIMINATION - If it is merely a compulsion to exhibit his physical
- No person shall be compelled to be a witness against himself. characteristics, not part of the privilege.
- The court may not extract from a defendant’s own lips and - Line up, repeating words, fingerprinting, photography pr
against his will an admission of his guilt measurements to write or speak for identification, to stand,
- It may be waived. It is not self-executing and not automatic. It assume a stance, walk, make particular gesture ARE NOT PART
must be claimed. OF THE PROTECTED RIGHT. It may be validly done. (MERE
- It must be raised in response to each specific inquiry or it is MECHANICAL ACTS)
waived. - Court rejected a claim of privilege when the accused in a
- It does not give the witness to disregard a subpoena or criminal action for acts of lasciviousness was stripped of his
decline an appearance before the court clothing after his arrest and in his body was found a substance
- It only applies to natural persons consistent with gonorrhea.
- The papers and effects which the privilege protects must be - Obtaining DNA Samples will not violate the right against self
the private property of the person claiming the privilege or at incrimination
least in his possession in a purely personal capacity - Forced re-enactments come within the ban against self
- A labor union cannot refuse to produce books and records in incrimination
his custody - Writing is not a purely mechanical act because it requires
- The privilege protects a person from testimonial compulsion application of intelligence and attention. Compelling a person
or evidence of a communicative nature. to write for the purpose of comparing it with the handwriting
- Withdrawal of blood for testing is not in the scope of the ina document is not allowed. It is within the scope of the
privilege prohibition against self incrimination (BELTRAN CASE)
- In MARCELO VS SANDIGANBAYAN, The purpose for securing - An accused cannot be compelled to be a witness for the
the signature of the petitioner on the envelopes was merely to prosecution, co accused or even for himself
authenticate the envelope as the one’s seized from him. Thus it - An ordinary witness only has the right to refuse to answer
was upheld to be outside the scope of right against self a particular incriminatory question
incrimination - This right is waivable. Thus an accused can testify in his
- Privilege against self incrimination extends not only to own behalf and may be cross examined on the matters
answers that would themselves support a conviction but also covered by direct examination
to those which would furnish a link in the chain of evidence - If a person freely answered an incriminating question, he
needed to prosecute the claimant in the privilege.
could not refuse to answer further questions which would
- It is not necessary that a witness explain how his answer will
possibly subject him to a danger of incrimination
tend to incriminate him since this would compel him to
surrender the protection to which the privilege is designed for.
- Privilege extends to lawyers advising a witness to invoke the STATE WITNESS PROGRAM
privilege - If granted, the court shall order the discharge and
- Persons who are mere custodian cannot claim the privilege expulsion of the accused from the
- The privilege can be assessed in any proceeding, civil or information
criminal, administrative, judicial, investigatory or adjudicatory
FORMS OF IMMUNITY:
CLAIM BY ACCUSED AND ORDINARY WITNESS 1. Transactional immunity/ Blanket or total immunity
- An ordinary witness may be compelled to take the witness - Completely protects the witness from future prosecution
stand and claim the privilege as each question requiring an for crimes related to his or her testimony. Cannot be
incriminating answer prosecuted for any other offenses arising our of the act or
- An accused may altogether refuse to take the witness transaction
stand and refuse to answer any and all questions which the testimony relates.
 - When accused filed a motion for leave to file BILL OF
2. Use and derivative use PARTICULARS and was granted, and such demurrer was
- Prevents only the prosecution from using the witness’ own eventually denied, - STILL HAS THE RIGHT TO PRESENT
testimony or any evidence derived from the testimony EVIDENCE
against the witness. However should the prosecutor later
on acquire - The right to confront the witnesses against him and cross
evidence of a crime committed by a witness independent of examine them are basic constitutional rights and are part of
the testimony of the witness, he may be prosecuted. due process
- It may be waived expressly or impliedly by the conduct
RIGHT TO DEFEND HIMSELF amounting to renunciation
- Upon motion, The accused may be allowed by the court to - Right to cross examination is merely an opportunity to
defend himself in person when it sufficiently appears to the exercise such right.
court that he can properly protect his rights without the - Right to confrontation does not apply to preliminary
assistance of counsel investigation
- Absence without justifiable reason -Waiver of the right to - Either party may utilize the testimony of a witness who is
be present deceased, out of or cannot with due diligence be found in
- If an escapee, he shall be deemed to be have waived his PH provided that involve the same parties, subject matter
right to be present on all subsequent trial dates until and the
custody is regained adverse party had the opportunity to cross examine him
- If the accused is absent during the trial after his - In case of unjustified failure of witness to comply with
arraignment, trial may proceed despite his absence provided subpoena, the court may issue a warrant
that he has been duly notified of the trial and his failure to for his arrest.
appear is unjustified.
- An appeal in criminal case opens the entire case for review
and the appellate court may correct even unassigned errors.
- IN CIVIL CASE: Unassigned error will not be considered by
the appellate court.
G. ARRAIGNMENT AND PLEA – RULE 116 - Time for the pendency of Bill of particulars
- Other justifiable causes
ARRAIGNMENT Procedure of Arraignment
- An accused for the first time is granted the opportunity to Court -issues an order directing the public prosecutor to
know the precise charge that confronts him. submit the record of the PI to the branch Clerk of Court for
- It is an indispensable part of due process. attachment to the record of the case.
- Reading of criminal complaint to the defendant ↓
- Without prior arraignment, the accused cannot invoke Informs the accused of his right to counsel and ask him if he
double jeopardy desires to have one. Unless the accused is allowed to defend
- If no prior arraignment, NO TRIAL IN ABSENTIA himself in person or has employed counsel of his choice, the
court must assign a counsel de oficio to defend him.
Plea ↓
Pertains to the matter which the accused, on his A. If the accused pleads not guilty, either:
arraignment, alleges in answer to the charge against him 1. He admits the act or omission in the complaint or
information but interposes a lawful defense, the order of
PERIOD FOR ARRAIGNMENT trial may be modified.
- set within 10 days from court’s receipt of case for detained 2. He raises a negative defense, that is, he denies
accused the charge, in which case regular trial proceeds.
-within 30 days for non-detained accused B. If the accused pleads guilty:
- It must be made within 30 days from the date the court 1. For a non-capital offense, the court may receive
acquires jurisdiction over the person of the accused evidence to determine the penalty to be imposed
- EXCLUDING: 2. For a capital offense, the court shall conduct a
- Time of the pendency of motion to quash searching inquiry into the voluntariness and full
comprehension of the consequences of his plea and require 2. Ask him if he desires to have one
the prosecution to prove his guilt and the precise degree of 3. Assign a counsel de officio to defend him unless the
culpability. If the accused does not enter any plea or makes accused is allowed to defend himself in person
a conditional plea, a plea of not guilty is entered by the court 4. Counsel de officio shall be given a reasonable time to
HOW ARRAIGNMENT DONE consult with the accused as to his plea before proceeding
- made in open court by the judge or clerk by furnishing the with the arraignment
accused with a copy of the complaint or information, Note: Duties of the court are mandatory
reading the same in the language or dialect known to him
and asking him whether he pleads guilty or not guilty Waiver of Reading- upon the full understanding and consent
of the accused
PRESENCE OF OFFENDED PARTY
- Private offended party shall be required to appear at the OPTIONS OF THE ACCUSED BEFORE ARRAIGNMENT:
arraignment for 1. Bill of particulars
- Plea bargaining 2. Suspension of arraignment
- Determination of civil liability a. Accused appears to be suffering from unsound mental
- Other matters condition
- If Private offended party fails to appear, the court may - Court shall order his confinement in hospital or asylum
allow the accused to enter a plea of guilty to a lesser offense b. Prejudicial question
which is necessarily included in the offense charged with c. Petition for review of the resolution of the prosecutor
conformity of the prosecutor - The period shall not exceed 60 days counted from the
filing of the petition.
DUTY OF THE COURT BEFORE ARRAIGNMENT:
1. Inform the accused of his right to counsel
 - After arraignment, the DOJ can no longer entertain - The accused was not arraigned. And court rendered its
the appeal because it already waived or abandoned the decision. The accused interposed the infirmity that he was
same. not yet arraigned.
3. Motion to quash - SC: The active participation of the counsel in the
4. Challenge the validity of the arrest or legality of the hearing is a clear indication that he was fully aware
warrant issued or assail the regularity of PI of the charges against him. Failure to arraign did not
- Must be assailed before arraignment or else deemed prejudice the rights of the accused because he was
waived aware of the charges against him.

Specific Rules
- A second motion for reconsideration in Ombudsman will
not bar the arraignment of the accused
- A plea before a court that has no jurisdiction over the PLEA OF NOT GUILTY WHEN:
criminal action does not give rise to double jeopardy - When actually pleaded not guilty
- If there is substantial amendment - ARRAIGNMENT IS - Refuses to plead
MANDATORY - Conditional plea
- If only of FORM - Not required - Pleads guilty but presented exculpatory evidence
- Arraignment must be made before the court where the - Plead guilty but interposed self defense
complaint was filed - Plea is indefinite or ambiguous
- After enter of plea, the accused shall have at least 15 days
to prepare for trial - Plead guilty but asking for mitigation of penalty - PLEA OF
NOT GUILTY
CONDITIONAL PLEA- If pleads guilty and bargains for certain
or LESSER PENALTY, it is not plea to a lesser offense.
- If at first instance he pleaded guilty but thereafter he
interposed self defense, the court should require him to
make a new plea of not guilty because such act is
tantamount to vacating his plea of guilty.
- Failure of the court to do this - NO PLEA. DOUBLE
JEOPARDY WILL NOT ARISE
PLEA OF GUILTY 3. Approval of the court
- It is a judicial confession of guilt. An admission of all the- POGLO is only discretionary to the court.
material facts alleged in the information INCLUDING THE Specific Rules
AGGRAVATING CIRCUMSTANCES - NECESSARILY INCLUDED - Some of the essential elements
- If aggravating circumstances were disproved by theor ingredients of the former as alleged in the complaint or
evidence, it shall be disallowed information constitute the latter.
- Conclusions of law are not admitted because they are not - It may be made even after the prosecution finished
facts presenting evidence or rested its case.
- Plea of guilt does not dispose the presentation of evidence - If there is POGLO, there is no need to amend the
information or complaint
PLEA OF GUILTY TO A LESSER OFFENSE (POGLO) / PLEA - Conviction under this plea shall be equivalent to conviction
BARGAINING of the offense charged for purposes of double jeopardy
- A process whereby the accused and the prosecution work a - POGLO made after arraignment and after the trial has
mutually satisfactory disposition of the case subject to begun IS NOT MITIGATING CIRC
court’s approval - An offer to enter a plea of guilty to a lesser offense cannot
- Defendant’s pleading guilty to lesser offense or to only one be considered as Mitigating circumstance because RPC
or some of the counts in return for a lighter sentence states that it has to be voluntary and must be plea of guilty
to the OFFENSE CHARGED. Not to a lesser offense.
REQUISITES FOR POGLO
1. Lesser offense is necessarily included in the offense PLEA OF GUILTY TO A CAPITAL OFFENSE
2. Consent both of the prosecutor and the offended party. - The court is mandated to:
- Consent of the offended party will not be needed if 1. Conduct searching inquiry to ascertain voluntariness and
he failed to appear in arraignment full comprehension of the consequences
2. Require the prosecution to prove the guilt -Expound on the events that actually took place during
3. Ask the accused if he wishes to present evidence arraignment, words spoken, with special attention to age of
accused, educational attainment, socio-economic status,
provision of counsel on his behalf during custodial and
NOTES ON PLEA OF GUILTY TO CAPITAL OFFENSE preliminary investigations and opportunity of defense
- Mere warning is insufficient counsel to confer with him
- The rule now stands that even if the accused pleads guilty
to a capital offense, the prosecution is still required to Notes on searching Inquiry
present evidence to prove his guilt and precise degree of Questions must be in a language known to him
culpability
PLEA OF GUILTY TO NON CAPITAL OFFENSE
SEARCHING INQUIRY - The court may receive evidence from the parties to
- The court shall inquire if the accused was coerced or determine the penalty to be imposed
placed under state of duress, how he was brought in custody
- Ask the counsel of the defense whether he completely IMPROVIDENT PLEA OF GUILTY
explained the meaning of the consequences of pleading IMPROVIDENT PLEA- pleas made without consent; one
guilty without proper information as to all the circumstances
- Check the capacity to give free and informed plea of guilty affecting it; based upon a mistaken assumption or
- Explain the exact length of the imprisonment and its nature misleading information /advice
- Fully explain the elements of the crime committed WHEN IMPROVIDENT:
- The accused must be required to narrate the tragedy or a. If trial court failed to conduct searching inquiries
reenact the crime or furnish its missing details. b. Failed to inform the appellant of his right to adduce
evidence
 c. Accused does not clearly and fully understand the
nature of the offense charged
- If the improvident plea is the SOLE BASIS of the decision -
REMAND IT TO TRIAL COURT.
- If relied on sufficient and credible evidence - JUDGMENT
MUST BE SUSTAINED
- may be permitted to be WITHDRAWN - any time before
judgment of conviction becomes final, then is reopened for
new trial
H. MOTION TO QUASH – RULE 117

MOTION TO QUASH - It is generally not allowed in summary procedure

- mode by which accused assails validity of criminal - EXCEPT: Lack of jurisdiction over the subject matter
complaint or info filed against him for insufficiency on its or failure to comply with barangay conciliation
face in point of law, or defects aapprent in the information proceedings

TEST OF SUFFIEICNY OF MATERIAL AVERMENTS: WON - No oral motion to quash. it must be in writing
facsts alleged therein would establish element of crime in REQUISITES:
law 1. In writing
2. Signed by the accused or his counsel
WHEN: anytime before the accused enters his plea 3. Distinctly specify the factual and legal grounds of the
motion
 - When a motion to quash is denied, the remedy is not
petition for certiorari but for petitioners to go to trial
without prejudice to reiterating the special defenses invoked
GROUNDS FOR MOTION TO QUASH in their motion to quash
1. Facts charged do not constitute an offense* - EXCEPT: GRAVE ABUSE OF DISCRETION
2. No jurisdiction over the offense charged*
3. No jurisdiction over the person NOTES on MTQ
4. Person who filed had no authority to do so - Execution of affidavit of desistance is not a ground for a motion
to quash - Affidavit of desistance is not a ground for the dismissal
5. Does not conform substantially to prescribed form
of action once it has been instituted in court
6. More than one offense is charged except complex crime - Absence of probable cause for the issuance of warrant of arrest is
7. Criminal action/ liab has been extinguished* not a ground for the quashes of the information but is a ground for
8. Contains averment which if true would constitute legal a dismissal of the case.
excuse or justification - To quash does not mean dismissal
9. Accused has been previously convicted or acquitted of the - Matters of defense are not grounds for motion to quash
offense charged or the case was dismayed or otherwise - Except double jeopardy or extinguishment
terminated without his express consent (DOUBLE - Failure to assert any ground of motion to quash before plea is
JEOPARDY)* deemed a waiver
- If motion to quash is based on the alleged defect of the
*when court may motu proprio quash information or cannot be complaint or information, and it may be cured - THE COURT
waived SHALL ORDER THAT AN AMENDMENT BE MADE.
- If based on the grounds that facts charged do not constitute
Remedy of Denial of MTQ an offense - OPPORTUNITY TO CORRECT BY AMENDMENT
- If fails to amend or still suffers same defect - COURT MAY convicted; (2) acquitted; or (3) the case against him
GRANT MTQ terminated or dismissed without his express consent.
- No person shall be twice put in jeopardy of punishment for
EFFECT OF SUSTAINING MOTION TO QUASH the same offense. If an act is punished by law or an
the court may order another complaint be filed unless: ordinance, conviction or acquittal under either shall
->Extinguishment OR Double Jeopardy constitute a bar to another prosecution of the same act.
- If the order to file another complaint is made, the accused - Jeopardy of punishment for the same offense suggesting
shall not be discharged or released except if he admitted that double jeopardy presupposes two separate criminal
bail. prosecutions
CONVICTION OF ACCUSED SHALL NOT BE A BAR TO - RES JUDICATA IN PRISON GREY - Also double
ANOTHER PROSECUTION FOR AN OFFENSE jeopardy
General rule: Grant of the MTQ will not be a bar to another - A person convicted with attempted homicide can no longer
prosecution for the same offense file a case against the same accused of the crime of
Exception: It will bar another prosecution when the MTQ is frustrated homicide
based on - A judgment of acquittal is final and no longer reviewable. It
a. The criminal action or liability has been extinguished; or is immediately executory and the state may not seek its
b. The accused has been previously convicted, or in jeopardy review without placing the accused in double jeopardy
of being convicted, or acquitted of the offense charged - The state is proscribed from appealing the judgment of
acquittal through either a regular appeal under Rule 41 of
DOUBLE JEOPARDY the ROC or an appeal by certiorari on pure question of law
- Double jeopardy presupposes that a first jeopardy has under Rule 45
already attached prior to the second and that the first has - The accused may appeal from judgment of conviction but
been terminated because he has already been: (1) when he appeals from the sentence of the trial court, He
waives his right to the constitutional safeguard against 3. Second jeopardy must be for the same offense or is
double jeopardy included or necessarily included in the offense charged
- When accused files an MR, double jeopardy cannot be
invoked. such is a waiver Double Jeopardy does not apply to these cases
- In acquittal, YOU CAN FILE CERTIORARI FOR GRAVE ABUSE 1. Administrative Cases
OF DISCRETION - because there exists a difference between the 2 remedies.
2. When the same criminal act gives rise to two or more
- Acquittal of the accused does not affect the right of the separate and distinct offenses
offended party to appeal the civil aspect of the case. 3. Preliminary investigation (PI)
- Offended party/accused may file an appeal to the A PI is merely inquisitorial. It is executive in character and is
civil aspect not part of the trial; hence, a PI is not a trial to which double
jeopardy attaches.
4. When the first offense was committed under the RPC and
REQUISITES OF DOUBLE JEOPARDY the second was committed under a special penal law
1. First jeopardy must have attached prior to the second 5. When two offenses are punished by two separate penal
a. Accused has been convicted or acquitted, or case was laws
dismissed, terminated without his express consent Notes on Double Jeopardy
b. Made in competent court - If the first court has no jurisdiction over the said offense-
c. Valid complaint sufficient in form or substance/ no double jeopardy
INDICTMENT - If MTC has jurisdiction and was filed in RTC - NOT
d. Accused has pleaded to the charge (ARRAIGNED) COMPETENT COURT
2. First jeopardy must have been validly terminated - Improper venue - no DJ
- A judgment rendered with grave abuse of discretion or - A case shall not be provisionally dismissed except with the
without due process is VOID and does not exist in legal express consent of the accused and with notice to the
contemplation and thus cannot be a source of an acquittal. offended party, hence, may not invoke double jeopardy
REMEDY IS RULE 65 CERTIORARI
- A petition for certiorari under Rule 65 is not appeal. It is Requisites for a provisional dismissal
the remedy to question the verdict of acquittal whether at 1. There must be express consent of the accused; and
the trial court or at the appellate court. 2. There must be notice to the offended party

IDENTICAL ACTS BUT CONSTITUTE DIFFERENT OFFENSES TIME BAR: WHEN DISMISSAL BECOMES PERMANENT
(NO DJ) FROM THE TIME OF THE ISSUANCE OF THE ORDER
1. Theft of electricity under RPC and Violation of PD 401 1. Imprisonment not exceeding 6 years or fine of any
2. Illegal recruitment and Estafa amount or both - 1 YEAR
- Illegal recruitment is mala prohibitum and Estafa is 2. Imprisonment of more than 6 years - 2 YEARS
Mala in se
3. Violation of BP 22 and Estafa Conditions Sine Qua Non For The Application Of The Time-
4. Direct bribery and Section 3(B) of RA 3019 Bar Rule
a. The prosecution, with the express conformity of the
- No DJ if there is a variance between the elements of the accused, or the accused moves for the provisional (sin
offenses charged perjucio) dismissal of the case; or both the prosecution
PROVISIONAL DISMISSAL and the accused move for a provisional dismissal of the
- Dismissal of the criminal action is not permanent and can case
be revived within the period set by the ROC (w/o prejudice)
 b. The offended party is notified of the motion for the - Time bar shall not be applied retroactively
provisional dismissal of the case
c. The court issues an order granting the motion and FINALITY OF ACQUITTAL DOCTRINE
dismissing the case provisionally - A judgment of acquittal is final and unappealable
d. The public prosecutor is served with a copy of the order - Preliminary investigation does not place the person to
of provisional dismissal of the case Double jeopardy. It is mere inquisitorial. There is no trial on
- The prosecution has to revive the case if it desires to the merits
prevent the provisional dismissal becoming permanent - Dimissal of the case in the preliminary investigation stage
- Express consent is given either viva voce or in writing. It is a will not warrant double jeopardy
positive, direct and unequivocal consent requiring no - Res judicata is a doctrine in civil law and has no application
inference or implication to supply its meaning. in criminal law.
- Stating NO OBJECT OR WITH MY CONFORMITY - Express - Double jeopardy - Res Judicata in prison grey
consent - Rule on double jeopardy does not apply to administrative
Mere inaction or silence or failure to object - NOT EXPRESS cases.
CONSENT - Dismissal of the criminal case does not result in the
- If without the express consent or over his objection - TIME dismissal of the administrative case
BAR WILL NOT APPLY
- Revived by: Filing of new information or Refiling of the DEGREES OF EVIDENCE REQUIRED:
information - Criminal case - Proof beyond reasonable doubt
- GR: NO NEED FOR NEW PRELIMINARY INVESTIGATION - Civil case - Preponderance of evidence
- EXC:A new Preliminary investigation is required if new - Administrative case - Substantial evidence
persons are charged or the charge has been upgraded like - There must be a valid complaint in order that DJ may
from accessory to principal, orig witnesses recanted attach
- If in Adultery and concubinage it was not subscribed by the - The remand of a criminal case for a further hearing before
offended party, not valid information. No DJ the lower court amounts merely to a continuation of the
- If complaint do not constitute an offense - NO DJ first jeopardy
- If the person filed the complaint has no authority to do so,
NO DJ
- City prosecutor has no authority to file an information in a
place beyond the jurisdiction of his office IT MUST BE A DISMISSAL WITHOUT THE CONSENT OF THE
- If before arraignment the charge was withdrawn - NO DJ ACCUSED
- The person must have been arraigned for DJ to attach - Express consent - Accused moves for the dismissal alleging
- Plea must be valid that it was committed outside the jurisdiction of the court
- The only instance where a plea bargaining is allowed is - EXPRESS CONSENT - Party effectively prevents the trial
when an accused pleads guilty to a lesser offense. Reduction court from proceeding to trial on the merits and rendering a
of penalty is only a consequence of plea of guilty judgment of conviction against him.
- The judgment rendered by the trial court which was based - It is akin to a waiver to a right against double
on a void plea bargaining is also void ab initial and cannot be jeopardy
considered as attained finality. NO DJ - When a criminal case is dismissed upon the application and
express consent of the accused and counsel, the dismissal is
- For double jeopardy to attach, First case should have been not a bar to another prosecution for the same offense
validly terminated. - When accused filed for provisional dismissal - NO DJ
- Thus, when there are two information of Homicide filed - A waiver of the constitutional right against double jeopardy
against the same party - NO DJ. The first jeopardy is not yet must be clear, categorical, knowing and intelligent
terminated validly - Accused was “conditionally arraigned”. Ombusman moved
to withdraw export the two cases against the accused. Court
granted the motion to withdraw. The cases were sought to - Reckless imprudence is a separate offense and is not a
be reinstated. Accused filed a MTQ invoking double means to commit a crime
jeopardy. SC held that such arraignment was unconditional. - Convicted with Reckless imprudence resulting to SPI
Since the dismissal was secured by the people without the - Double jeopardy to Reckless imprudence resulting to
express consent of the accused, there is no waiver of the homicide
right against double jeopardy.

DISMISSAL BASED ON A VIOLATION OF RIGHT TO SPEEDY

TRIAL
- Equivalent to acquittal. No waiver of DJ even if the accused
expressly moved for the termination of proceedings I. PRE TRIAL, TRIAL, AND DEMURRER TO EVIDENCE – RULES
- Dismissal because prosecution is not ready for trial 118-119
- EQUIVALENT TO ACQUITTAL
- The invocation of the right to speedy trial should be Pre trial is mandatory in criminal cases in (Sandiganbayan,
preceded by insisting on a trial RTC, MTC) to achieve an expeditious resolution of the case.
- The discharge of an accused to be a state witness shall
amount to acquittal and shall be a bar to a future Matters in pre trial
prosecution for the same offense, unless the accused fails or 1. Plea bargaining- defendant pleading guilty to a lesser
refuses to testify against his co accused in accordance with offense or to one or some of the counts of a multi-count
his sworn statement consisting the basis for his discharge indictment in return for a lighter sentence than that for the
- When the court grants demurrer - dismissal amounts to graver charge
acquittal even if with the express consent of the accused 2. Stipulation of facts
3. Marking- No evidence may be presented and offered
during trial other than those identified and marked - In PT, All questions shall be directed to the judge
4. Waiver of objections to admissibilitt of evidence
5. Other matters

- After arraignment, the court shall set the pre trial

conference within 30 days from the days of arraignment.
Unless shorter period provided in special laws
- If the prosecutor or the counsel for the accused did not
attend - administrative action except if with justifiable
reason
- During the pre trial the judge shall consider pre bargaining
arrangements EXCEPT in cases for violations of
Comprehensive dangerous drugs act
What the Court Should Do When Prosecution and 1. Constitutional right to present evidence is waived
Offended Party Agree to the Plea Offered by the Accused 2. If the requisites are not followed – admissions shall be
The Court shall: inadmissible as evidence
a. Issue an order containing the plea bargaining arrived at All proceedings during pre-trial shall be:
b. Proceed to receive evidence on the civil aspect 1. Recorded
c. Render and promulgate judgment of conviction, including 2. Transcripts prepared
the civil liability or damages duly established by the 3. Minutes signed by the parties and their counsel
evidence
NON-APPEARANCE DURING PRE- TRIAL
General rule: Court approval is required. Who must be present during pre-trial
Exception: Agreements not covering matters referred to in 1. Counsel of accused
Sec. 1, Rule 118 (supra), need not be so approved 2. Prosecutor
Effect: The stipulations become binding on the parties who
made them and become judicial admissions of the facts. Note: The accused is not required to attend (unless ordered
by the court) and is merely required to sign the written
PRE-TRIAL AGREEMENT agreement arrived at in the pre-trial conference, if he agrees
Requirements to the contents of such. The complainant is also not required
a. Reduced in writing; to appear during pre-trial. It is the prosecutor who is
b. Signed by the accused and counsel; required to appear at the pretrial
c. With approval of court if agreements cover matters in Sec.
1, Rule 118 The court may impose proper sanctions or penalties, if
counsel for the accused or the prosecutor to enforce the
Effects of a Pre-trial Agreement: mandatory character of the pre-trial in criminal cases:
a. Does not appear at the pre-trial conference; and
b. Does not offer an acceptable excuse for his lack of
cooperation [Sec. 3, Rule 118]
PRE-TRIAL ORDER 2. Where the accused agrees to the use of judicial
a. Be issued by the trial judge; affidavits, irrespective of the penalty involved; or
b. Be issued within 10 days after the termination of the pre- 3. With respect to the civil aspect of the actions,
trial whatever the penalties involved are.
c. Contain the following: b. The prosecution shall submit the judicial affidavits of its
1. Actions taken witnesses not later than five days before the pre-trial,
2. Facts stipulated serving copies of the same upon the accused. The
3. Evidence marked complainant or public prosecutor shall attach to the
4. Admissions made affidavits such documentary or object evidence as he may
5. Number of witnesses to be presented; have, marking them as Exhibits A, B, C, and so on. No further
6. Schedule of trial judicial affidavit, documentary, or object evidence shall be
Effect admitted at the trial.
a. Binds the parties c. If the accused desires to be heard on his defense after
b. Limits the trial to those matters not disposed of; and receipt of the judicial affidavits of the prosecution, he shall
c. Controls the course of the action during trial, unless have the option to submit his judicial affidavit as well as
modified by the court to prevent manifest injustice those of his witnesses to the court within ten days from
receipt of such affidavits and serve a copy of each on the
APPLICATION OF JUDICIAL AFFIDAVIT RULE public and private prosecutor, including his documentary
a. The Judicial Affidavit Rule shall apply to all criminal and object evidence previously marked as Exhibits 1, 2, 3,
actions: and so on. These affidavits shall serve as directtestimonies of
1. Where the maximum of the imposable penalty the accused and his witnesses when they appear before the
does not exceed six years; court to testify.
JUDICIAL DISPUTE RESOLUTION 6. Civil aspect of theft
-Innovative concept in the judicial system. It is hoped that
mediation and conciliation at the level of the judge would - In criminal cases covered by mediation, where terms of
contribute significantly to the resolution of media table settlement exceeds 1 year - The case may be achieved upon
cases motion of the prosecution
- If there is no settlement reached after the JDR, The judge
- Mediation is confidential issues an order returning the case to the office of clerk of
- Judge shall not pass on any information obtained in the court for raffling.
course of mediation
DISCOVERY PROCEDURES IN CRIMINAL CASES
CASES SUBJECT TO MEDIATION FOR JDR - It may also be used in criminal cases.
1. All civil cases, settlement of estates and cases covered by - Taking depositions in criminal cases is addressed to judicial
Summary procedure except those that cannot be discretion
compromised.
- Criminal cases like violation of traffic rules and
regulations and violation of municipal city ordinance
shall not be mediated because it cannot be
compromised.

2. Cases cognizable by the Lupong tagapamayapa

3. Civil aspect of BP 22
4. Civil aspect of Quasi offenses
5. Civil aspect of estafa and libel
J. TRIAL after arraignment that he is the person named as defendant
in the case on trial
- commence within 30 days from receipt of the pre trial
order
Other means of waiver
INSTANCES WHEN THE PRESENCE OF ACCUSED IS a. The absence of the accused Without justifiable cause at
REQUIRED the trial of which he had notice
1. Arraignment and plea b. When an accused under custody Escapes until custody
2. During trial, whenever necessary for identification over him is regained
purposes
3. At the promulgation of sentence unless it is for light SUSPENSION ON ACCOUNT OF WITNESS
offense - Period of delay resulting from the absence or unavailability
- In light offense the accused may appear by counsel of an essential witness may be excluded or would actually
or representative justify the suspension of trial
- ABSENT IF: Whereabouts are unknown or cannot
WAIVER OF RIGHT TO BE PRESENT be determined by due diligence
GR: The accused may waive presence at trial pursuant to the -UNAVAILABLE IF: whereabout are known but
stipulations set forth in his bail presence cannot be obtained
XPN: Unless presence is specifically ordered by the court for
purposes of identification - In no case shall the entire trial period exceed one hundred
Exception to the exception: Presence of the accused is no eighty days from the first day of trial
longer required when he unqualifiedly admits in open court - Postponement of cases is a matter of judicial discretion
- If the accused is not brought to trial in accordance within TRIAL IN ABSENTIA
the time limit, the information may be dismissed upon the REQUISITES:
motion of the accused for denial of right to speedy trial 1. Accused has already been arraigned
- Motion for dismissal shall be made before trial 2. Accused has been duly notified of the trial or the hearings
otherwise deemed waived. 3. Absence is unjustified
PROHIBITED GROUNDS FOR POSTPONEMENT/
CONTINUANCE
1. Congestion pf court’s calendar or lack of diligent CORPUS DELICTI
preparation – The body, foundation or substance of a crime.
2. Failure to obtain available witnesses on the part of the
prosecutor ELEMENTS:
1. Certain result has been established
- Witness for the accused may be conditionally examined 2. Some person is criminally responsible for it
even before the trial of the case by motion of the accused. - Documents which may have been identified and marked as
- It may be done also by the prosecutor exhibits during pre trial or trial but which were not formally
offered in evidence cannot in any manner be treated as
- Either party may upon motion secure an order from the evidence.
court for a material witness to post bail if the court is
satisfied upon proof or oath that a material witness will not REMEDY WHEN ACCUSED NOT BROUGHT TO TRIAL WITHIN
testified when required. PRESCRIBED PERIOD
- If he refuses to post bail, Commit to person until he BASIS: right to speedy trial
complied. REMEDY: Motion to dismiss on the ground of denial of his
right to speedy trial
FAILURE TO FILE MTD: waiver of right to dismiss Burden of proof
EFFECT: similar to acquittal a. accused : ground of denial of right to speedy trial for the
motion.
- Even if the judge made improper remarks and comments, b. prosecution : establish the exclusion of time under Sec. 3,
the same did not amount to denial of his right to due Rule 119.
process or impartial trial
- Remarks do not reflect with the partiality of the
judge. Sarcasm alone cannot lead to such conclusion

Important Periods to Observe REQUISITES FOR DISCHARGE OF ACCUSED TO BECOME A

1. Between acquisition of jurisdiction over the person of the STATE WITNESS
accused to arraignment and pre-trial: 1. Absolute necessity for the testimony of the accused
a. Detained accused: Within 10 days 2. No other direct evidence available for the proper
b. Non-detained accused: Within 30 days prosecution of the offense committed except the testimony
2. Between receipt of pre-trial order to trial: Within 30 days of the accused.
3. Periods of delay excluded from the computation 3. The testimony can be substantially corroborated in its
material points
Factors to determine WON right to speedy trial denied 4. Accused does not appear to be the most guilty
a. Duration of the delay 5. Not at any time been convicted of any offense involving
b. Reason therefor moral turpitude.
c. Assertion of the right or failure to assert it,
d. Prejudice caused by such delay a. Two or more persons are jointly charged with the
commission of any offense.
b. The prosecution files the motion before resting its case
c. The prosecution is required to present evidence and the
sworn statement of each proposed state witness at a
hearing in support of the discharge
d. The court is Satisfied that the conditions required by the
Rules are present
NOTES ON DISCHARGE OF ACCUSED AS STATE WITNESS
- Where the crime is contrived in secret, the discharge of
one of the conspirators is essential. REQUIREMENTS FOR REOPENING THE CASE
- When two or more of the accused are jointly charged, they 1. Before finality of judgment
shall be tried jointly 2. Order is issued by the judge on his own initiative or upon
- Motion to discharge to become state witness shall be filed motion
before the prosecution rests its case 3. Issued only after a hearing is conducted
- Court shall conduct a hearing 4. Intends to prevent miscarriage of justice
- Evidence adduced in support of the discharge shall 5. Presentation of additional evidence shall be terminated
automatically form part of the trial within 30 days from the issuance of the order.
- The discharge of an accused shall amount to an acquittal
and shall be a bar to another prosecution for the same DEMURRER TO EVIDENCE - Actually a motion to dismiss that
offense except if the accused fails or refuses to testify is filed by the accused after the prosecution has rested its
against his co accused. case on the ground of insufficiency of evidence
- In dangerous drugs cases, it is the duty of the prosecution
to present a complete picture detailing the buy bust WITH LEAVE OF COURT- WRITTEN
operation from the initial contact until the consummation of - It shall be filed within a non extendible period of 5 days
the sale. after the prosecution rests its case
- The order of the trial may be modified if the accused - The prosecution may oppose the motion within a non
admits the acts or omission charged. extendible period of 5 days from receipt
- At anytime before the finality of judgement, the judge may - If the court grants - ACCUSED SHALL FILE THE DEMURRER
motu proprio or upon motion with hearing in either case TO EVIDENCE WITHIN NON EXTENDIBLE PERIOD OF10 DAYS
reopen the proceedings to avoid miscarriage of justice FROM NOTICE.
- Act of denying a motion for leave of court shall not be - Aside from demurrer, may also be initiated by the
reviewable by appeal or certiorari. court motu proprio, after giving the prosecution the
- If court grants demurrer, The case is dismissed and it is as opportunity to be heard; or
good as acquittal (DJ may arise)
WITH LEAVE OF COURT- ORAL
After the prosecution has rested its case, the court shall Test of Sufficiency of Prosecution’s Evidence:
inquire from the accused if he desires to move for leave of The evidence of the prosecution must prove
court to file a demurrer to evidence or proceed with the beyond reasonable doubt the:
presentation of his evidence. If the accused orally moves for a. Commission of the crime; and
leave of court to file a demurrer to evidence, the court
b. Precise degree of participation of the accused
shall orally resolve the same

WITHOUT LEAVE OF COURT Effect of granting demurrer: amounts to acquittal of the

- If granted - Good as acquitted accused
- If DENIED - The accused waives his right to present Note: The order granting the demurrer is notappealable but
evidence and submits the case for judgment on the may be reviewed via certiorari under Rule 65
basis of evidence of prosecution. CERTIORARI WILL
ONLY LIE IF THERE IS GRAVE ABUSE OF DISCRETION Effect of denial of motion for leave to file demurrer
(RULE 65 ONLY) a. Accused may choose between
- If the prosecution has not yet rested its case, it is 1. Filing the demurrer even without leave
not demurrer but a MOTION TO DISMISS. 2. Adducing evidence for his defense

Dismissal on the Grounds of Insufficiency of Evidence

b. Order denying the motion for leave or order denying the
demurrer itself, is not reviewable by appeal or by certiorari
before judgment

Procedure if there are several accused and only one

presents a demurrer without leave of court:
● the court may defer resolution until decision is rendered
on the other accused
 (A.M. NO. 15-06-10-SC)

Cases to which the Guidelines Apply

1. Newly filed criminal cases, including those governed by
Special Laws and Rules, MTCs, RTC, the Sandiganbayan and
the CTA as of Sept 1, 2017
2. Pending criminal cases with respect to the remainder of
the proceedings
Note: These guidelines are not applicable to cases covered
by the Rule on Summary Procedure

Prohibited Motions
- Shall be denied outright before scheduled
arraignment without need of comment and/or
opposition:
1. Motion for Judicial determination of probable cause
2. Motion for Preliminary Investigation:
a. When it is filed beyond the 5-day reglementary
period in inquest proceedings under Sec. 6, Rule 112
GUIDELINES ON
CONTINUOUS TRIAL
 b. When required under Sec. 8, Rule 112, or allowed 7. Petition to Suspend criminal action on the ground of
in inquest proceedings and the accused failed to participate Prejudicial question, when no civil case has been filed,
in the preliminary investigation despite due notice pursuant to Sec. 7, Rule 111
3. Motion for Reinvestigation of the prosecutor
recommending the filing of information once the
information has been filed before the court: Meritorious Motions [WASSlapp]
a. If the motion is filed without prior leave of court - Motions that allege plausible grounds supported by
b. When preliminary investigation is not required relevant documents and/or competent evidence,
under Sec. 8, Rule 112, and except those that are already covered by the
c. When the regular preliminary investigation is Revised Guidelines,
required and has been actually conducted and the grounds 1. Motion to Withdraw information, or to downgrade
relied upon in the motion are not meritorious, such as issues the charge in the original information, or to exclude an
of credibility, admissibility of evidence, innocence of the accused originally charged therein, filed by the
accused, or lack of due process when the accused was prosecution as a result of a
actually notified, among others reinvestigation,reconsideration, and review
4. Motion to Quash Information when the ground is not one 2. Motion to Quash Warrant of Arrest
of those stated in Sec. 3, Rule 117 3. Motion to Quash Search Warrant under Sec. 14 of
5. Motion for Bill of particulars that does not conform to Rule 121 or motion to suppress evidence
Sec. 9, Rule 116 4. Motion to dismiss on the ground that criminal case is
6. Motion to suspend Arraignment based on grounds not a Strategic Lawsuit against Public Participation (SLAPP)
stated under Sec. 11, Rule 116
under Rule 6of the Rules of Procedure fo Environmental
Cases
Arraignment and Pre-Trial c. Full understanding and express consent of the accused
Schedule of Arraignment and Pre-Trial and his counsel,
● If accused is detained: within 10 calendar days from d. Such consent is expressly stated in both the minutes/
receipt of case certificate of arraignment and order of arraignment,
● If accused is not detained: within 30 calendar days from e. The court shall explain the waiver to the accused in a
acquiring jurisdiction over the person language/dialect known to him and ensure his full
understanding of the consequences
Notice of Arraignment and Pre-Trial
Notice shall be sent to the accused, his counsel, private Plea Bargaining Except in Drug Cases
complainant or complaining law enforcement agent, public If the accused desires to enter a plea of guilty to a lesser
prosecutor, and witnesses whose names appear in the offense, plea bargaining shall immediately proceed,
information for purposes of plea bargaining, arraignment provided the private offended party in private crimes, or the
and pre-trial. arresting officer in victimless crimes, is present to give his
consent with the conformity of the public prosecutor to the
Waiver of Reading of the Information plea bargaining. Thereafter, judgement shall be immediately
The court may allow a waiver of the reading of rendered in the same proceedings.
the information if:
a. There are multiple cases, Plea of Guilty to the Crime Charged in the Information
b. There is personal examination of the accused by the If the accused pleads guilty to the crime charged in the
court, information, judgement shall be immediately rendered
except in those cases involving capital punishment.
Where No Plea Bargaining or Plea of Guilty Takes Place Proposals for stipulations shall be done with the active
If the accused does not enter a plea of guilty, the court shall participation of the court itself and shall not be left alone to
immediately proceed with the arraignment and the pre-trial. the counsels.
Marking of Evidence
Arraignment and Preliminary Conference of Mediatable The documentary evidence of the prosecution and the
Cases Subject to the Rule on Summary Procedure accused shall be marked.
The arraignment and preliminary conference shall be held
simultaneously and the court shall take up all the matters Pre-Trial Order
required under Sec. 14, Rule on Summary Procedure during shall immediately be served upon the parties and counsel on
the preliminary conference. the same day after the termination of the pre-trial.

Absence of parties in the pre-trial TRIAL

The court shall proceed with the pre-trial despite the Examination of witnesses
absence of the accused and/or private complainant, The court shall encourage the accused and the prosecution
provided: to avail of:
a. They were duly notified, and a. For the accused: Application forexamination of witness for
b. The counsel for the accused and public prosecutor are the accused before trial [Sec. 12 and 13, Rule 119]
present. b. For the prosecution: Conditional Examination of Witness
for the prosecution
Stipulations
Absence of counsel de parte
In the absence of the counsel de parte, the hearing shall
proceed upon appointment by the court of a counsel de
officio.
Oral Offer of Evidence rest its case in rebuttal after the presentation of its last
• How made: the offer of evidence, the comment/objection rebuttal witness. Thereafter, the accused shall
thereto, and the court ruling shall be made orally. immediately present sur-rebuttal evidence, if there is any,
o If exhibits are attached to the record: In making the offer, and orally rest the case after the presentation of its last sur-
the counsel shall cite the specific page number of the court rebuttal witness. Thereafter, the court shall submit the case
record where the exhibits being offered are found. The court for decision.
shall ensure that all exhibits offered are submitted to it One day examination of witness rule The court shall strictly
on the same day of the offer. adhere to the rule that a witness has to be fully examined in
o If the exhibits are not attached to the record: the party one day.
making the offer must submit the same during the offer of
evidence in open court. MEMORANDA
• When made: on the same day after the presentation of his Submission of Memoranda
last witness, the opposing party is required to immediately • Submission of memoranda is discretionary on the part of
interpose his oral comment/objection thereto. Thereafter, the court
the court shall make a ruling on the offer of evidence in • Format:
open court o Does not exceed 25 pages
o Single spaced
Presentation of Rebuttal and Sur-rebuttal Evidence o Legal sized paper
If the court grants the motion to present rebuttal evidence, o Size 14 font
the prosecution shall immediately proceed with its
presentation after the defense has rested its case, and orally
• Period to submit shall be non-extendible and shall not
suspend the running of the period of promulgation of the
decision. With or without memoranda, the promulgation
shall push through as scheduled.
Promulgation
Schedule of Promulgation
• Date of promulgation shall be announced in open court
and included in the order submitting the case for decision
• Date shall not be more than 90 calendar days from the
date the case is submitted for decision
o Exception: Case is covered by Special Rules and other laws
which provide for a shorter period

Resolution of motion for reconsideration of judgment of

conviction or motion for new trial
A motion for reconsideration of judgment of conviction or
motion for new trial filed within 15 days from promulgation
shall be resolved within a non-extendible period of 10
calendar days from the submission of the comment of
the prosecution. With or without comment, the court shall
resolve the motion within the 10-day period.
K. JUDGMENT – RULE 120

JUDGMENT
- The adjudication by the court that the accused is guilty or CONTENTS OF JUDGMENT
not guilty of the offense charged and the imposition on him 1. Legal qualification of the offense constituted by the acts
of the proper penalty and civil liability. committed by the accused
2. Aggravating and mitigating circumstances
REQUISITES OF JUDGMENT 3. Degree of Participation of the accused
1. Written in the official language 4. Penalty imposed
2. Personally and directly prepared and signed by the judge 5. Civil liability or damages
3. Must contain clearly and distinctly statement of facts and - Verdict of acquittal is immediately final
the law upon which it is based.
- JOver Subject matter, Territory and person of the accused VARIANCE DOCTRINE
are needed to have a valid judgment - Situation where the offense proved is different from the
- There is nothing illegal in the act of the trial court of offense charged in the complaint or information and the
completely copying the memorandum submitted by a party offense as charged is either included in the offense proved
provided that the decision clearly and distinctly states or is necessarily included
sufficient findings of fact and the law on which they are - An accused charged with qualified rape can be found guilty
based. of the lesser crime of acts of lasciviousness
- A variance in the mode of commission of the offense is
binding upon the accused if he fails to object to evidence
showing that the crime was committed in a different manner
as alleged.
 - Failure of the accused to appear without justifiable cause,
He shall lose the remedies available in the ROC against the
judgment and court shall order his arrest.
PROMULGATION OF JUDGMENT - Within 15 days from promulgation of judgment he
- Reading it in the presence of the accused and any judge of may appear and file a motion for leave of court to
the court in which it was rendered. avail such remedies.
- The judgment may be promulgated by the clerk of court MODIFICATION OF JUDGMENT
- If the accused is confined or detained in another province - A judgment of conviction may be modified or set aside
or city, The judgment may be promulgated by the executive upon motion of the accused before the judgement becomes
judge of the RTC having jurisdiction over the place of final or before appeal is perfected.
confinement or detention upon request of the court which
rendered the judgment.
- If the accused was tried in absentia, because he jumped
bail or escaped from prison, the notice shall be served at his
last known address

PROMULGATION BY ABSENTIA
- If the accused fails to appear at the scheduled
promulgation of judgment despite notice, the promulgation
shall be made by RECORDING THE JUDGMENT in the
criminal docket and serving him a copy at his last known
address or his counsel
L. NEW TRIAL OR RECONSIDERATION – RULE 121

NEW TRIAL OR RECONSIDERATION

- Before the judgment becomes final GROUNDS FOR RECONSIDERATION OF JUDGMENT
- It is only the accused that can avail the same IF 1. Errors of law in the judgment which requires further
CONVICTED. If acquitted- FINAL proceedings
- The court may on its own motion grant a New Trial or MR 2. Errors of fact
but with the consent of the accused
- MR and New trial shall be in writing and shall state the
GROUNDS FOR NEW TRIAL ground on which it is based
1. Errors of law have been committed during trial - Notice of motion for nt or mr shall be given to the
2. Irregularities prejudicial to the substantial rights of the prosecutor
accused committed during trial - A hearing shall be conducted when the MR or NeT calls for
3. New and material evidence has been discovered. a resolution of question of fact

REQUISITES FOR NEWLY DISCOVERED EVIDENCE EFFECTS OF NEWT / MR

1. Evidence must have been discovered after trial 1. GRANTED ON THE GROUNDS OF ERRORS OF LAW OR
2. It could not have been previously discovered and IRREGULARITIES
produced at the trial even with the exercise of reasonable - All the proceedings and evidence affected thereby shall be
diligence set aside and taken anew and the court may allow additional
3. New and material evidence evidence
4. If introduced, would probably change judgment 2. GRANTED ON THE GROUNDS OF NEWLY DISCOVERED
EVIDENCE
- The evidence already adduced shall stand. It shall be
considered together.
- In all cases, when NEWT or MR is granted, the original
judgment shall be set aside or vacated and new judgment
shall be rendered.

NEYPES RULE
- Applies to appeals in criminal cases
M. APPEALS – RULES 122, 124, 125
APPEALS

- It is a mere statutory privilege

- The findings of the lower courts are not disturbed on
WHO MAY APPEAL appeal in absence of clear showing that the trial court
- Any party may appeal from judgment or final order unless overlooked, misunderstood or misapplied the facts and
placed under DJ circumstances
- Accused may appeal from judgment of conviction
- Only the state, OSG, has the sole right and authority to WHERE TO APPEAL:
institute proceedings before CA and SC 1. RTC in cases decided by MTC
- Conformity of the assistant city prosecutor to petition for 2. CA or SC in cases decided by RTC
review - NOT PROPER. IT SHALL BE FILED BY THE SOLGEN 3. SC in cases decided by CA
- Private prosecutor may be allowed to intervene in criminal
proceedings on appeal in the CA and SC. His participation HOW TO APPEAL
shall be subordinate to the interest of the people hence he 1. JUDGMENT OF MTC - TO RTC - By notice of appeal on the
cannot be permitted to adopt a position contrary to the court which rendered the judgment
SOLGEN 2. RTC(orig) - TO CA - By notice of appeal on the court which
- Appeal in criminal cases opens the entire case for review rendered judgment
- A party cannot change his theory on appeal nor raise in the 3. RTC(app) - TO CA - By filing a petition for review under
appeal any question of law orfact that was not raised in the Rule 42
court which was not within the issue raised by the parties in 4. RTC(death/RP/LI) - Notice of appeal to CA
their pleadings
- No notice of appeal is needed when RTC imposed death - Appeal is not mooted by accused’s release on parole
penalty. CA shall automatically review the judgment
5. CA - Filing a petition for review on certiorari under Rule 45 EFFECT OF APPEAL BY ANY OF SEVERAL ACCUSED
with SC - It shall not affect those who did not appeal except when it
6. CA (RP/LI) - Supreme court by notice of appeal is favorable and applicable to the latter
NOTES:
- Except as provided in Section 13 Rule 124, All other appeals
to SC shall be by Rule 45 APPEAL FROM CIVIL ASPECT
- Appeal may be taken within 15 days from the promulgation - It shall not affect the criminal aspect of the judgment
of judgment or from notice of final order appealed
- Period to appeal shall be suspended from the time from
MR/NWT is ruled until notice of order at which time the - Application for probation must be made within the period
balance of the period begins to run of perfecting an appeal
- Notice of appeal should be served upon the adverse party - Upon perfection of appeal, the execution of judgment shall
or his counsel by personal service or by registered mail or be stayed
substituted service if impossible. - Such benefit cannot be extended to those who
failed to file the same
WITHDRAWAL OF APPEAL
- The appeal may be withdrawn when so allowed by MTC as - CA shall have the power to try cases and conduct hearings,
long as the record has not been transmitted or forwarded to receive evidence and perform all acts necessary to resolve
appellate court. factual issues raised in cases falling within its original and
- When already on appeal - RTC may allow provided a appellate jurisdiction
Motion to withdraw is filed before the RTC
- CA may upon its own motion or motion of the appellee 5. Support pendente lite
dismiss the appeal if the appellant escapes from prison,
confinement, jumps bail or flees to a foreign country during
the pendency of appeal.
- When the SC en banc is equally divided in opinion or the
necessary majority cannot be had on whether to acquit the
appellant, the case shall again be deliberated upon. and if no
decision is reached, Judgment of conviction shall be
reversed and accused be acquitted.

PROVISIONAL REMEDIES IN CRIMINAL CASES

- May be availed of in connection with the civil action
deemed instituted with the criminal action
- To avail ProvRem, It must be one with a corresponding
civilliability
- If the civil action has been waived, reserved or instituted
separately - NO PROV REM

KINDS:
1. Preliminary attachment
2. Preliminary Injunction
3. Receivership
4. Replevin
N. SEARCH AND SEIZURE – RULE 126 3. Made inly in the court where the criminal action is
pending if already filed.
Search Warrant
- An order in writing issued in the name of the people of the
PH signed by a judge and directed to a peace officer IF INVOLVING HEINOUS CRIMES, ILLEGAL GAMBLING,
commanding him to search for personal property described DANGEROUS DRUGS AND ILLEGAL POSSESSION OF
therein and bring it before the court. FIREARMS:
- Issued under police power 1. Executive judge and vice executive judges of RTC of
- Power is exclusively vested with the trial judge Manila and QC filed by:
- A search may follow an arrest but the search must be 1. PNP,
incident to a lawful arrest 2. NBI
- Probable cause to arrest is not probable cause to search 3. Philippine Anti-Organized Crime Task Force (PAOC
TF)
WHERE TO FILE SW: 4. Reaction Against Crime Task Force (REACT TF)
- It must be filed before any court within whose territorial - Such Search warrants may be served outside manila
jurisdiction a crime was committed. - Assistant heads of such agencies may validly endorse
- Exceptions:
1. Application may be made before any court within the - Application for SW shall be heard ex parte
Judicial region where the time was committed if the place of
the commission of the crime is known PERSONAL PROPERTY SUBJECT OF SW
2. Any court within the judicial region where the warrant 1. Subject of the offense
shall be enforced 2. Stolen or embezzled and other proceeds or fruits of
offense
3. Used or intended to be used as a means of committing an - The examination must be in the form of searching
offense. questions and answers
- The statements must be in writing and under oath
- Only personal property described therein may be seized by - Description of the place to be searched is sufficient if the
authorities officer can without reasonable effort ascertain and identify
REQUISITES FOR THE ISSUANCE OF A SEARCH WARRANT: the place intended and distinguish it from other places.
1. There must be probable cause in connection with one - Search warrant must name the person who occupies the
specific offense described premises.
2. Presence of probable cause is to be determined by the - “The apartment house occupied by Manuel Estrada at San
judge personally Jose, 2nd Story of white house” was ruled by the SC as
3. The determination by the judge must be made after an identifying the particular unit to be searched.
examination under oath of the complainant and the - John Doe warrant is allowed as an exception. The best
witnesses he may produce. possible description of the person must be stated in the
4. Warrant must specifically describe the place to be warrant. It must be sufficient to indicate clearly on whom it
searched and the things to be seized which may be made is to be served by
anywhere in the PH. stating his occupation, personal appearance and
- After a judge has issued a warrant, he is not precluded to peculiarities and the place of his residence.
subsequently quash the same if he finds upon reevaluation - The person can be identified by a name which others use in
of the evidence that no probable cause exists calling him even if it is not his real name. The description of
- The probable cause must be shown to be within the the person with certainty to identify him and set him apart
personal knowledge of the complainants and witnesses and from
not based on hearsay others is enough to lend validity of warrant.
General warrants - General warrant was allowed as an exception when a more
- do not describe things to be seized with the required specific description of the things to be seized is not
particularity. available.
- General warrants are prohibited by the rules. Things to be - “Unlicensed firearms of various calibers and ammunitions
seized shall be particularly described for the said firearms” was held ADEQUATE by the SC. The
- It must be particularly described that it leaves nothing to officers had no way of knowing the caliber unless they get
the discretion of the officer who conducts the search. close to the weapons.
- “Papers showing or tending to show the trafficking of
cocaine” is a general warrant - The law does not require that the property to be seized
- Description like “stolen materials”, “Obscene materials” or should be owned by the person against whom the search
“other articles of merchandise too numerous to mention” warrant is directed. It is sufficient that he has control and
are held inadequate. possession
- “Books of accounts, financial records, vouchers, journals, - Where a warrant was limited only to a store as described, it
correspondence, receipts, ledgers, portfolios, and other does not extend to the apartment units located at the back
documents and papers showing all business transactions” is of the store.
too broad and general. (Stonehill VS Diokno) - A warrant includes the authority to open closets, drawers,
- “Television sets, video cassette recorders, rewinders, take chests, and containers.
head cleaners, accessories, equipment, and other machines - Search warrant does not extend to the authority to search
used or intended to be used in the unlawful reproduction of all persons in the place.
video tapes” held inadequate by the court. (20th Century - Validity of search warrant is for 10 days from its date.
Fox VS CA) Thereafter it shall be VOID.
- High degree of particularity is required to those books or
other materials not yet been adjudged obscene.
- SW shall be served in daytime. As an exception the warrant
may insert a direction that it may be served at any time of
the day or night.
- The search shall be made in the presence of the lawful
occupant of the premises, or any member of the lawful - Motion to quash a SW shall be filed in the court where the
occupant’s family or in the presence of 2 witnesses of action has been instituted.
sufficient age and discretion residing in the same locality
- The officer may break open any outer or inner door when - If not yet instituted, In the court that issued it.
refused admittance after knocking and announcing his - Legality of search warrant can only be contested by the
purpose. party whose rights have been impaired thereby. It is purely
- The officer must deliver the property seized and must personal and it cannot be availed by third parties.
make a true inventory verified under oath. - Managers and officers of the corporation has the legal
- Violation to such shall constitute CONTEMPT OF personality to question the validity of a
COURT. search on the things owned by the corporation
- Objection concerning the issuance of warrant shall be - Rule 65 (certiorari) is a proper remedy when there is grave
made before his plea or else waived. abuse of discretion
WARRANTLESS SEARCH AND SEIZURE: B. Anything used in the commission of an offense
1. Warrantless search incidental to a lawful arrest C. Constitute proof in the commission of an offense.
2. Seizure of evidence in plain view - The search is not only limited to the person lawfully
3. Search on moving vehicle arrested. It is also extended within the permissible area
4. Consented within the latter’s reach or area of his immediate control.
5. Customs search - If accused was brought out of the room with hands tied, a
6. Stop and frisk or Terry Searches locked cabinet could no longer be considered as part of area
7. Emergency circumstances within his immediate control
8. Search of vessel and aircraft - A full search means searching any property associated with
9. Inspection of buildings and other premises for the arrestee’s body like clothing, jewelry, watches and
enforcement of fire, sanitary and building regulations others attached to the person.

REQUISITES OF PLAIN VIEW: MOVING VEHICLES

1. Prior valid intrusion based on valid warrantless arrest - Because it is not practicable to secure a warrant because
2. Evidence was inadvertently discovered by the police who the vehicle can be quickly moved out of the locality or
have the right to be where they are jurisdiction
3. Immediately apparent - It is enough that there is probable cause to believe prior to
4. Plain view justified the seizure without further search the search that they would find the instrumentality or
evidence pertaining to a crime in the vehicle searched.
Warrantless search incidental to a lawful arrest
- Arrest must precede the search. Cannot be reversed. CHECK POINTS
- The scope of the search shall be limited to: - Under exceptional circumstances, as where the survival of
A. Dangerous weapons organized government is on the balance, or where the lives
and safety of the people are in grave peril, checkpoints may - Prior surveillance before buy bust operations is not
be allowed. - It is limited to visual search. required.
- The vehicle is neither searched nor its occupants subjected - Non recording of the buy bust operation in the police
to body search blotter will not affect the validity of the operations
BUY BUST OPERATION
- It is a form of entrapment legally employed by peace
officers as an effective way of apprehending drug dealers in PLAIN VIEW DOCTRINE
the act of committing an offense. - Permits an officer while lawfully engaged in an activity and
- SW is not needed lawfully present in a particular place, to seize an apparently
- In flagrante delicto illicit object without obtaining a warrant
- When the object was inside a closed package, object is not
TESTS IN ENTRAPMENT OPERATIONS in plain view.
Subjective test - The focus is on the intent or predisposition - If the package is such that an experienced observer could
of the accused to commit a crime. infer from its appearance that it contains the prohibited
Objective Test - Focus is on the particular conduct of law article, then it is deemed in plain view.
enforcement or their agents. - The item must be incriminating and must also be
- PH adopts Objective test IMMEDIATELY APPARENT
- The details of the purported buy bust operation must be - There must be inadvertence. The officer must not have
clearly and adequately shown. Starting from the initial known in advance the location of the evidence and
contact up until apprehension. discovery is not anticipated.
- The manner of the police officers is the one subject of - Plain view doctrine does not apply where the police
strict scrutiny officers did not just accidentally discover the evidence but
actually searched for it.- During gun ban, Police officers
caught a person who has gun tucked in his waist. SC: There - Before an officer stops a person, the act must be justified
is by concrete facts pointing at the least towards a possible
valid search and seizure. criminal activity.
- There was report of a shooting accident. The police saw a - There must be a SPECIFIC AND ARTICULABLE FACTS. Mere
firearm after the accused opened his car. SC: Valid suspicion is not sufficient
- Police apprehended a person with reddish eyes walking in
a swaying manner. SC upheld the stop and frisk
- A bond to ensure the return of the seized items has no
TERRY SEARCHES OR STOP AND FRISK basis in law.
- Two parts. The stop and the frisk
- A valid STOP by officer requires that he has a reasonable CONSENTED SEARCH
and articulable belief that criminal activity has happened or - It must be voluntary, unequivocal, specific and intelligently
is about to happen given uncontaminated by any force or duress.
- Frisk made after the stop must be done because of - A peaceful submission is not consent but is merely a
REASONABLE BELIEF that person stopped is in possession of DEMONSTRATION OF REGARD FOR THE SUPREMACY OF THE
a weapon that will pose a danger to the officer or others. LAW.
- Frisk MUST be a mere pat down outside the
person’s outer garment and not unreasonably REQUISITES TO A VALID WAIVER
intrusive. 1. Right exists
- Probable cause IS NOT REQUIRED 2. Person involved had knowledge of the existence of the
- Mere Reasonable belief or Genuine reason that a crime has right
taken place or is about to take place. 3. Actual intention to relinquish the right
EFFECT OF ILLEGAL SEARCH (FRUIT OF THE POISONOUS
TREE DOCTRINE)
- Any evidence obtained in violation of the constitution or
the rules shall be inadmissible.
- Such may be quashed through Motion to quash the search
warrant or motion to suppress the evidence.

CIVIL DAMAGES
- May be filed in a separate action based on the concept of
independent civil action for violations of person’s right to be
secure in his persons, house, papers and effects.