Professional Documents
Culture Documents
Criminal Procedure Rule 110 PROSECUTION of Offenses
Criminal Procedure Rule 110 PROSECUTION of Offenses
Complaint
Information
A sworn statement
4. Cases where civil courts of equal rank are vested with concurrent
jurisdiction:
1.
2.
Vessel
a.
In RTC:
applicable to all cases subject to the Rules on Summary Procedure, since that
particular case involved a violation of an ordinance. Therefore, the
applicable law therein was not Art. 91 of the RPC, but Act No. 3326 (An Act
to Establish Periods of Prescription for Violations Penalized by Special Acts
and Municipal Ordinances and to Provide when Prescription Shall Begin to
Run), 2 of which provides that period of prescription is suspended only
when judicial proceedings are instituted against the guilty party.
8. Contents of information
a. Name of the accused
Information may be amended as to the name of the accused, but such
amendment cannot be questioned for the first time on appeal (People vs.
Guevarra)
Error of name of the offended party: if material to the case, it necessarily
affects the identification of the act charged. Conviction for robbery cannot
be sustained if there is a variance between the allegation and the proof as to
the ownership of the property stolen.
b. Designation of offense by statute (or of section/subsection of statute
violated)
Only one offense charged, EXCEPT where law prescribes a single
punishment for various offenses.
If facts do not completely allege all the elements of the crime charged, the
info may be quashed; however, the prosecution is allowed to amend the info
to include the necessary facts (People vs. Purisima)
c. Acts or omissions complained of constituting the offense
Information need only allege facts, not include all the evidence which may
be used to prove such facts (Balitaan vs. CFI)
d. Name of offended party
e. Approximate time of commission
Approximation of time is sufficient; amendment as to time is only a formal
amendment; no need to dismiss case (People vs. Molero)
A significant discrepancy in the time alleged cannot be sustained since
such would allow the prosecution to prove an offense distantly removed from
the alleged date, thus substantially impairing the rights of the accused to be
informed of the charges against him (People vs. Reyes)
f.
Place of commission
Conviction may be had even if it appears that the crime was committed not
at the place alleged, provided that the place of actual commission was within
the courts jurisdiction and accused was not surprised by the variance
between the proof and the information
Qualifying and inherent aggravating circumstances need to be alleged as
they are integral parts of the crime. If proved, but not alleged, become only
generic aggravating circumstances.
9. Amendment of information and Substitution of information, distinguished
Amendment
Substitution
Necessarily involves a
substantial change
The offended party may intervene in the prosecution of the criminal case
because of her interest in it (Banal vs. Tadeo)
14. Procedure
1.
Defined as the joinder of separate and distinct offenses in one and the
same information/complaint
Remedy: file a motion to quash; failure is equivalent to a waiver
Exception: when existing laws prescribe a single punishment (complex
crimes)
Rule 111 Prosecution of Civil Action
1. General Rule: The injured party may file a civil action independent of the
criminal proceeding to recover damages from the offender.
Article 32 is a valid cause of a civil action for damages against public
officers who impair the Constitutional rights of citizens (Aberca vs. Ver)
Even if the private prosecutor participates in the prosecution, if he is not
given the chance to prove damages, the offended party is not barred from
filing a separate civil action
2. Civil action for recovery of civil liability impliedly instituted, EXCEPT
1. Waiver
2. Reservation of right to institute separate action
3. Institution of civil action prior to criminal action
NOTE: Under SC Circular 57-97, all criminal actions for violations of BP Blg.
22 shall be deemed to necessarily include the corresponding civil action, and
no reservation to file such civil action separately shall be allowed or
recognized.
San Ildefonso Lines vs. CA past pronouncements of the SC that the
requirement in Rule 111 that a reservation be made prior to the institution of
an independent civil action is an unauthorized amendment to substantive
law is now no longer controlling. Far from altering substantive rights, the
primary purpose of the reservation requirement is to avoid multiplicity of
suits, to prevent delays, to clear congested dockets, to simplify the work of
the trial court, and in short, the attainment of justice with the least expense
and vexation to parties-litigants.
3. Civil action suspended when criminal action filed, EXCEPT
1.
2.
3.
4.
Civil action not one intended to enforce civil liability arising from the
offense (e.g., action for legal separation against a spouse who
committed concubinage)
Filing fees:
1.
2.
1.
5. Procedure
a. If conducted prior to arrest
i.
When strong-arm tactics are used for vindictive purposes (Salonga vs.
Cruz-Pano)
2. When the accused is deprived of his rights
3. When the statute on which the charge is based is null and void
4. When it will aid the administration of justice (Tatad vs. Sandiganbayan)
5. When multiplicity of suits will be avoided (Guingona vs. City Fiscal)
Rule 113 Arrest
1. Arrest taking a person into custody in order that he may be bound to
answer for the commission of some offense, made by an actual restraint of
the person or by his submission to custody
2.
Not all persons detained are arrested; only those detained to answer for
an offense.
Invitations are not arrests and are usually not unconstitutional, but in
some cases may be taken as commands (Babst vs. NBI); however, the
practice of issuing an invitation to a person who is investigated in
connection with an offense he is suspected to have committed is considered
as placing him under custodial investigation. (RA 7438)
Warrants of arrest remain valid until arrest is effected, or the warrant is
lifted
Arrest may be made at any time of the day or night
3. Warrantless arrests by a peace officer or a private person
a. When person to be arrested is committing, attempting or has committed
an offense
b. When an offense has just been committed and the person making the
arrest has personal knowledge that the person to be arrested committed it
Warrantless arrest anytime for a continuing offense like rebellion,
subversion (Umil vs. Ramos)
The continuing crime, not the crime finally charged, needs only be the
cause of the arrest (Umil vs. Ramos)
c. When person to be arrested is an escaped detainee (either serving
sentence or with case pending)
1.
2.
3.
4. Procedure
a. With warrant
1.
2.
b. Without warrant:
1.
Person is arrested
1.
Person arrested may waive right to Art. 125, RPC and ask for
preliminary investigation or inquest
Fiscal is not judicial authority contemplated under Art. 125 (Sayo vs. Chief
of Police)
1. Fiscal files info
5.
Probable cause
Signed by judge
Specifically naming or particularly and sufficiently describing person to
be arrested
John Doe warrants are void for being general warrants (Pangandaman vs.
Cesar)
6. Remedies
a. Petition for writ of habeas corpus
Filed with any court, to effect immediate release of the person detained
Filed when a person is being illegally detained (without judicial process), or
was illegally arrested (void warrant or unlawful warrantless arrest, or
warrantless arrest beyond period with no information filed)
4.
(1) Where information against him was filed or where case is pending
(2) Absent (1), in another branch of the same court within the province or
city where he is held
(3) If arrested in another province, city or municipality, file with the RTC
(4) Absent (3), with the MTC
1.
a. Caught in flagrante
Confessed to commission of offense unless repudiated (force and
intimidation)
3. Previously escaped, evaded sentence or jumped bail
4.
b. Automatic cancellation
1.
Case is dismissed
1.
Accused is acquitted
2.
Accused is convicted and surrenders for execution of judgment
17. Notes:
1.
Posting bail waives the right to question any irregularity attending the
arrest of a person (Callanta vs. Villanueva). However, this does not
result in waiver of the inadmissibility of the articles seized incidentally
to such illegal arrest.
2. Accused waived the right to question any irregularity in the conduct of
the preliminary investigation when he failed to do so before entering his
plea (People vs. Dela Cerna)
3. Accused out on bail may be re-arrested if he attempts to depart from
the Philippines without prior court permission (warrantless arrest
allowed).
Rule 115 Rights of Accused
1. Right of the accused under the Rules
a. To be presumed innocent until proven guilty beyond reasonable doubt
In an appeal from a conviction, the accused shall again be presumed
innocent until and unless his conviction is affirmed (Castillo vs. Felix)
b. To be informed of the nature and cause of charges
The right must be substantially complied with; arraignment and later
proceedings must be in a language the accused understands (People vs.
Crisologo)
c. To be present at every stage of proceedings, subject to waiver by bail
If an accused escapes, he waives this right and merits a trial in absentia;
the accused forfeits his rights to be notified of proceedings in the future and
to adduce evidence in his behalf (People vs. Salas)
1. To testify as witness on his own behalf, subject to cross-examination on
matters covered by direct examination; not to be prejudiced by his
silence
2. Not to be compelled to be a witness against himself
3. To confront and examine the witnesses against him, including the right
to use in evidence testimony of a witness
4. Who is deceased, out of or cannot with due diligence be found in the
RP
1.
Given in another proceeding
2.
With the same parties
3.
Same subject matter
4.
Opportunity to cross-examine
2.
3.
c.
1.
Motion to quash
Motion to dismiss
Court informs accused of his right to counsel and asks him if he wants
one
2. Court appoints counsel de oficio if accused has none
If no such member of the available, any person who is a resident of the
province, of good repute for probity and ability to defend accused
c. Court gives counsel time to confer with accused at least an hour before
arraignment
Period allowed for counsel de oficio to confer with accused must be
substantially complied with; if not, case may be remanded for re-arraignment
(People vs. Gonzaga)
1. Accused given a copy of the information, which is read to him in a
language he understands
2. Accused is asked whether he pleads guilty or not guilty
3. Accused files a motion to quash or makes plea
4. Accused personally makes his plea
5. Plea is entered into record
6. If accused makes plea of not guilty, counsel has at least 2 days to
prepare for trial
People vs. Agbayani the right for 2 days to prepare must be expressly
demanded. Only when so demanded does denial thereof constitute
reversible error and ground for new trial. Further, such right may be waived,
expressly or impliedly.
NOTE, HOWEVER, under SC Circular 38-98 (implementing Speedy Trial Act
of 1997), accused must be given at least 15 days to prepare for trial, which
shall commence within 30 days from receipt of Pre-Trial Order.
j.
Statement in the judgment that the accused was arraigned and pleaded is
sufficient; the manner of statement of such fact is immaterial (People vs.
Cariaga)
2. Kinds of plea
1.
2.
3.
4.
b. Improvident plea of guilty may be changed to not guilty any time before
judgment is rendered
c. A plea of not guilty may not be changed to guilty, as doing so would only
spare the prosecution of presenting evidence and still result in the conviction
of the accused.
4. Remedies
a. Motion for specification
May be filed any time before plea, even after a MTQ
Filed when the information is insufficient in form or is generally worded,
that a Bill of Particulars is necessary to clarify the acts for which the accused
is being charged
b. Motion to quash
No territorial jurisdiction
No jurisdiction over offense charged may be raised at any time;
no waiver considered even upon failure to move to quash on such
ground
3. No jurisdiction over person of the accused
The court gained jurisdiction over the person of the accused when he
voluntarily appeared for the pre-suspension hearing (Layosa vs. Rodriguez)
c. Accused would be put in double jeopardy
Bars another prosecution
No waiver
No double jeopardy if first case was dismissed with the consent of the
accused (Que vs. Cosico), unless ground for dismissal is: (a) denial of right to
speedy trial; or (b) insufficiency of evidence.
If the first case was dismissed due to a deficient information, then there
was no valid information and there could be no double jeopardy (Caniza vs.
People)
Cudia vs CA it should be the Provincial Prosecutor of Pampanga, not the
City Prosecutor, who should prepare informations for offenses committed
within Pampanga but outside Angeles City. An information must be prepared
and presented by the prosecuting attorney or someone authorized by law. If
not, the court does not acquire jurisdiction. Although failure to file a motion
to quash the information is a waiver of all objections to it insofar as formal
objections to pleadings are concerned, questions relating to want of
jurisdiction may be raised at any stage of the proceedings. Moreover, since
the complaint or information was insufficient because it was so defective in
form or substance that conviction upon it could not have been sustained, its
dismissal without the consent of the accused cannot be pleaded as prior
jeopardy, and will not be a bar to a second prosecution.
d. More than one offense was charged, EXCEPT where law prescribes single
punishment for various offenses
e. Facts alleged do not constitute an offense
May be raised at any time
No waiver
For charge to be complete, it is necessary to state that it was exempted
from any amnesty existing at the time
f.
MTQ filed
2.
If based on defect in info which can be cured, court shall order its
amendment
3. Quashing the info shall NOT be a bar to subsequent prosecution
(accused has not pleaded yet), EXCEPT when the ground is:
1.
Double jeopardy OR
2.
Extinction of criminal liability
6. Remedies
1.
1.
2.
3.
1.
Sick or infirm
2.
Demurrer to evidence
If the demurrer was made with leave of court, defense gets to present
evidence
2. If the demurrer was made without leave of court, defense is deemed to
have waived the right to present evidence and the case is submitted for
judgment
Case may also be dismissed motu proprio
g. Motion to reopen
Filed after the case is submitted for judgment but before judgment is
actually rendered
To allow either side to present additional evidence, if such could not be
found before
Granted on discretion of the judge
The accused cannot move to reopen the case to allow him to adduce
evidence in his behalf when his failure to adduce them during the trial was
his own fault (People vs. Cruz)
Rule 120 Judgment
1. Judgment adjudication by the court that the accused is guilty or not
guilty of the offense charged, and the imposition of the proper penalty and
civil liability provided by law on the accused
2. General Rule: If the accused is found not guilty, he will be acquitted and
the acquittal immediately becomes final and executory. If the accused is
found guilty, penalty and civil liability will be imposed on him.
3. Accused may be convicted of
1. The offense charged
2. A lesser offense necessarily included in the offense charged
Accused cannot be convicted for an offense graver than that charged
(People vs. Guevarra)
4. Contents
1.
2.
3.
4.
In
1.
2.
3.
4.
In
1.
2.
5. Procedure
1.
2.
3.
4.
1.
2.
3.
8. Remedies
a. Appeal
Filed within 15 days of promulgation of judgment
Period is interrupted by filing of a motion for new trial or reconsideration
On motion of accused or at its own instance with consent of the accused
b. Motion for reconsideration
Filed when there are errors of law or fact in the judgment
Shall require no further proceedings
Notice should be given to the fiscal
c. Motion for new trial
Notice should be given to the fiscal
Filed on the following grounds:
1.
Error of law or irregularities have been made during trial which are
prejudicial to the substantial rights of the accused
ii. New evidence has been found which could not have been found before
and which could change the judgment
9. Procedure for new trial
1. Hearing shall be set and held
2. All evidence not alleged to be in error shall stand
3. New evidence will be introduced
4. Old judgment may be set aside and a new one rendered
10. Notes:
Suspension of sentence for youthful offenders after conviction, minor is
committed to custody and care of DSWD or any training institution until
reaches 21 years of age, or a shorter period
Probation disposition under which a defendant after conviction and
sentences, is released subject to conditions imposed by the court and to the
supervision of a probation officer
Parole the conditional release of an offender from a penal or correctional
institution after he has served the minimum period of his prison sentence
under the continued custody of the state and under conditions that permit
his reincarceration if he violated the conditions of his release
Rule 121 New Trial or Reconsideration
1. Reopening of the case
1.
1.
4.
1. Procedure
a. Filed with RTC, if original case was with MTC
Notice served to lower court and to adverse party
b. Filed with the CA or SC, if original case was with RTC
i.
With CA: notice of appeal with court, and with copy on adverse party
Shall not affect those who did not appeal, EXCEPT if favorable and
applicable to them
2.
When penalty is lowered and convict has already served more than the
maximum period of the new penalty
Habeas corpus is available when a person is imprisoned beyond the
maximum penalty imposed by law (Gumabon vs. Dir. of Prisons)
NOTE: When dismissal is capricious, certiorari lies and no double jeopardy
since validity and not correctness of dismissal is being challenged.
Rule 126 Search and Seizure
1. Search warrant an order in writing issued in the name of the People of
the Philippines, signed by a judge and directed to a peace officer,
commanding him to search for personal property described therein and bring
it before the court
Cannot be issued to look for evidence (Uy Khetin vs. Villareal)
Seizing objects to be used as evidence is equivalent to forcing one to be a
witness against himself (Uy Khetin vs. Villareal)
For a warrant to be valid, it must meet the requirements set by law
(Burgos vs. Chief of Staff)
Tapping conversations is equivalent to a search and seizure (US vs. Katz)
2. General Rule: No search or seizure can be conducted unless it is
authorized by a search warrant. Evidence gathered from an illegal search
and seizure is inadmissible.
Property which men may lawfully possess may not be the object of a
search warrant (Uy Khetin vs. Villareal)
Nature of goods may allow description to be general or not too technical
(Alvarez vs. CFI)
e. Particularly describes the place to be searched
f.
Judge must ask probing questions, not just repeat facts in the affidavit
(Roan vs. Gonzales)
c. Judge issues search warrant good for 10 days
d. Peace officer in presence of occupant, members of the family OR 2
witnesses of sufficient age and discretion residing in the same locality
Search may last for more than a day as long as it is part of the same
search for the same purpose and of the same place (Uy Khetin vs. Villareal)
e. Peace officer leaves receipt with occupant at place searched
f. Peace officer files return of search warrant and inventory, and surrenders
items seized to receiving court (not necessarily court which issued the
warrant)
Items seized illegally must remain in custodia legis pending resolution of
the case (Roan vs. Gonzales)
6. Remedies from an unlawful search
1.
2.
3.
1.
2.
3.
4.
5.
6.
7.
8.