CRIMINAL PROCEDURE

CRIMINAL JURISDICTION — power of the state to try and punish a person for a violation of
its Penal laws.
REQUISITES FOR A VALID EXERCISE OF CRIMINAL JURISDICTION:
1. The offense is one which the court is by law authorized to take cognizance of
2. The offense must have been committed within its territorial jurisdiction
3. The person charged with the offense must have been brought to its presence for trial, forcibly, by warrant of
arrest or upon his voluntary submission to the court.

Jurisdiction over jurisdiction over the subject the person of matter the
accused
1. Derived from the law. It can never be 1. Maybe acquired by consent of the
acquired by solely consent of the accused or by waiver of objections.
accused.
2. Objection that the court has no 2. If he fails to make his objection in
jurisdiction of the subject matter may time, he will be deemed to have
be made at any stage of the waived it.
proceeding, and the right to make such
objection is never waived

DETERMINATION OF CRIMINAL JURISDICTION

1. Determined by the allegations in the complaint or information not by the results of proof or
by the trial court’s appreciation of the evidence presented.
2. Determined by the law in force at the time of the Institution of the criminal action. Once
vested, it cannot be withdrawn by:
a. a subsequent valid amendment of the Information
b. a subsequent statute amendatory of the rules of jurisdiction

Criminal Procedure Criminal Law

Methods fixed by law for the
apprehension and prosecution of a
person who is accused of a crime
and for his punishment, whenever
convicted
Branch of law which declares what
acts are classified by crimes, and
prescribes the punishment for
committing them.

Major steps in the processing of a criminal case:

1. Report of the crime
2. Pre- arrest investigation
3. Arrest
4. Booking
5. Post-arrest investigation
 6. Preliminary investigation
7. Arraignment and Plea
8. Pre-trial
9. Trial
10. Judgment
11.Appeal

RULE 110
PROSECUTION OF OFFENSES
Section 1. Institution of criminal actions. (a) For offenses where a preliminary investigation is
required - by filing the complaint with the proper officer for the’ purpose of conducting the
requisite preliminary investigation.
(b). For all other offenses, by filing the complaint or information directly with the Municipal Trial
Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor.

Effect of institution of the criminal action:

- interrupts the running of the period of prescription of the offense charged unless otherwise
provided by special law.

Remedies of the offended party if the prosecutor refuses to file an information:

1. file an action for mandamus, in case of grave abuse of discretion,
2. lodge a new complaint before the court having jurisdiction over the offense ,
3. take up the matter with the Secretary of Justice in accordance with the Rev.
Administrative Code
4. institute an administrative charges against the erring prosecutor
5. file criminal action against the prosecutor with the corresponding civil action for
damages.
General rule: Criminal prosecutions may not be restrained.

Exceptions
1. To afford adequate protection to the constitution rights of the accused,
2. When necessary for the orderly administration of justice or to avoid oppression or
multiplicity of actions,
3. When there is a prejudicial question which is subjudice;
4. When the acts of the officer are without or in excess of authority;
5. When the prosecution is under an invalid law, ordinance or regulation;
6. When double jeopardy is clearly apparent;.
7. When the court had no jurisdiction over the offense;
8. When it Is a case of persecution rather than prosecution;
9. When the charges are manifestly false, and motivated by lust for vengeance; and
10. When there is clearly no prima facto case against the accused and a motion to
quash on that ground has been denied
Section 3 Complaint defined

Complaint —. is a sworn written statement charging a person with an, offense, subscribed by
the offended party, any peace officer or other public officer charged ,with the enforcement of
the law violated.

Requisites of a complaint:
1. It must be In writing and under oath;
2. it must be In the name of the people of the Philippines;
3. It must charge a person with an offense;
4. It must be subscribed by the offended party, by any peace officer or public officer
charged with the enforcement of the law violated

PERSONS WHO CAN FILE A COMPLAINT:

1. Offended party:
2. Any peace officer.
3. Other public, officer charged with the enforcement of the law violated.
Ex. Internal Revenue Officer for violation of the NIRC, custom agents with respect to violations
of the Tariff and Customs Code
Section 4. Information defined.
Information — an accusation in writing charging a person with an offense, subscribed by the
prosecutor and filed with the court.

Requisites of an information:
1. It must be in writing;
2. It must charge a person with an offense;
3. It must be subscribed by the fiscal;
4. It must be filed In court.

Complaint Information
2. Sworn Statement 1. Need not be sworn
3. Subscribed by the offended party, 2. Subscribed by the
any peace officer charged with the fiscal
enforcement of the law violated
3. It may be filed either in court or in 3. It is filed with the court
the prosecutor’s office

Section 5. Who must prosecute criminal actions?

FULL DISCRETION AND CONTROL OF THE PROSECUTOR: All criminal actions

commenced b a complaint or information shall be prosecute under the direction and control of’
the prosecutor.
Exception: Where the information, has already been filed in court, the court acquires
jurisdiction there over and its jurisdiction continues until the termination of the case. Neither
prohibition nor mandamus lies against the prosecutor and any relief desired by any party
should be addressed to the trial.

The active conduct of the proceeding may be turned over to a private prosecutor with the
understanding that he does not relieve himself of the responsibility to the prosecution.

PROSECUTION OF CRIMES AGAINST CHASTITY:

1. Concubinage, and adultery — only by the offended spouse, regardless of age

2. Seduction, Abduction and, Acts of Lasciviousness — prosecuted exclusively and,
successively by the following persons in this .order ,
a. by the offended woman
b. by, the parents, ‘grandparents or guardians In that successive order .
c. by the State in the exercise of the right of parens patriae:

The SUBSEQUENT MARRIAGE. between the offended party and the accused extinguishes
the criminal liability or shall remit the penalty imposed upon him, together with that of the co
principals, accomplices and accessories, except:
a. In adultery and concubinage
b. where the marriage was invalid or contracted in bad faith in order to escape criminal
liability
c. in private Libel
d. in multiple rape
Desistance of complainant does not bar criminal prosecution but it operates as waiver of’ the
right to pursue civil indemnity.

Section 6. Sufficiency of complaint or Information.

CONTENTS OF A VALID COMPLAINT OR
INFORMATION:
1. Name . of the accused; including any appellation or nickname
An error In the name of the accused Is not reversible as long’ as his identity is sufficiently
established and this defect is curable any stage of the proceedings as the insertion of the real
name of the accused is merely a matter of form.
2. The designation of the offense
3. The acts or omissions complained of as constituting the offense
4. The name of the offended party
5. The approximate time of the commission of the offense,
6. The place wherein the offense, was committed.

Purpose of the rule:

 To Inform the accused of the nature and cause of accusation against him.
  To notify the: defendant of the criminal acts Imputed to him so that he can duly
prepare his defense
 Sub defect In the Information cannot be cured by evidence that would jeopardize the
accused’s right to be informed of the true nature of the offense he is being charged

Section 8. Designation of the offense.

An error in specifying the provision of the law involved. Is not reversible, as the, allegations
in the indictment determine what offense is charged.

Section 9. Cause of the accusation.

The Information or complaint must state or designate the following whenever possible:
1. The designation given to the offense by the statute.
2. The statement. of the acts or omissions constituting the same, in ordinary, concise &
particular words
3. The specific qualifying and aggravating circumstances must be stated in ordinary and
concise language.

PURPOSE:
a. to enable . a person of common understanding to know what offense is Intended
to be charged;
b. to enable the court to pronounce proper judgment.

ALLEGATIONS PREVAIL OVER DESIGNATION:

Allegations prevail over the designation of the offense In the Information. The accused may
therefore be convicted of a crime more serious than that named in the title or preliminary
part if such crime is covered by the facts alleged in the body of the information and its co is
established by evidence.

Limitation to the above rule

An accused could not be convicted under ‘one act when he is charged with a violation of
another if the change from one statute to the other involves
a. Change of the theory of the trial
b. Requires that the defendant a different defense
c. Surprises the accused in anyway

RULE ON THE AVERMENT OF NEGATIVING EXCEPTIONS:

1. Where the statute alleged to have been violated applies only to a specific class of
persons and to special conditions, the Information must allege facts establishing that
the accused falls within the specific class affected and not those affected from the
coverage of law.
2. Where the statute penalize generally the acts therein defined and Is Intended to apply
to all persons indiscriminately, the Information Is sufficient even If does not allege that
the accused falls within the excepted situation, for then the complete definition of the
 offense is entirely separable from the exceptions and can be made without reference
to the latter.

Section 10. Place of commission of the offense

Section. 11. Date of commission of the offense

General Rule:
It is NOT required that the complaint or information state with particularity the place where the
crime was committed and the date of the commission of the crime.
Exception:
If the place/date of the commission of the offense constitutes an essential element of the
offense

Section 12. Name of the offended party

GENERAL RULE:
An erroneous allegation as to the name of the person injured shall be deemed immaterial
when the offense can still be ascertained despite such error.
EXCEPTION:
Where the identity of the offended party is an essential element of the offense charged, an
error in such designation is fatal.

Section.13. Duplicity of offense.

GENERAL RULE:
A complaint or information must charge only one offense.
EXCEPTIONS:
1. Complex crimes
2. Special Complex crimes
3. Continuous crimes or delito continuado
4. Crimes susceptible of being committed in various modes
5. Crimes of which another offense is an ingredient

Section. 14. Amendment or substitution

KINDS OF AMENDMENT

1. Before the plea — covers both substantial and formal amendment.

2. After the plea — covers only matter of form provided:
a. leave of court is obtained
b. such amendment Is not prejudicial to the rights of the accused.
The test as to whether the rights, of an accused are prejudiced by the amendment of the
complaint or information is When a defense under complaint or information, as it originally stood,
would no longer be available after the amendment: is made, and when any evidence the accused might have
would be inapplicable to the complaint or information.
AMENDMENT SUBSTITUTION OF
INFORMATIONOR COMPLAINT
1. May involve either formal or 1. Involves substantial change from
 substantial, changes the
original charge
2. Amendment before the plea 2. Substitution of Information must be
has been entered can be with leave of court as the Original
effected without leave of court, information has to be dismissed.

3. Amendment leanly as to form, 3. Another preliminary’ investigation is

there is no need for another entailed and the accused has to plead
preliminary investigation and, the anew to the new information
retaking of the plea of the
accused.
4. An amended Information refers 4. Requires or presupposes that the
to the same offense charged in new information involves a different
the original information or to an offense which does not include or is
offense which necessarily not necessarily included in the original
includes or is necessarily charge, hence the accused cannot
included in the original charge, claim double jeopardy.
hence substantial amendments
to the information after the plea
has been taken cannot be made
over the objection of the
accused, for if the original
information would be withdrawn,
the accused could invoke double
jeopardy.

SUBSTITUTION — if it appears, at anytime before judgment that a mistake has been made
in charging the proper offense, the court shall dismiss the original complaint or information
upon the filing of a new one charging the proper offense, provided the accused shall not be
placed in double jeopardy.

Limitation to the rule on substitution:

1. No judgment has yet been rendered
2. The accused ‘cannot be convicted of the offense charged or of’ any other offense
necessarily included therein.
3. The accused would not be placed in double jeopardy.

VARIANCE BETWEEN INIDICTMENT AND PROOF (Situations Contemplated)

1. When the offense proved is less serious than, and is necessary included, in, the offense
charged, in which case the defendant shall be convicted of the offense proved.
2. When the offense proved is more serious than and includes the offense charged, in
which case the defendant shall be convicted of the offense charged.
3. When the offense proved is neither included in, nor does it include, the offense charged
and is different there from, in which case the court should dismiss the action and order
the filing of new information charging the proper offense.
Section 15. Place where action is to be instituted.
VENUE IS JURISDICTIONAL - it cannot be waived, or changed by agreement of the,
parties, or by the consent of the defendant:
EXCEPTIONS TO THE RULE OF VENUE:
1. Felonies under Art. 2 of the Revised Penal Code,
2. Complex Crimes,
Where the crime charged is a complex crime, the RTC of any province in which any one of the
essential elements of such complex crime had been committed has jurisdiction to take
cognizance of the offense;
3. Continuing Offense is one where the elements of ‘which occur in several places, unlike
a LOCAL OFFENSE - one which is fully consummated in one place.
*The venue is in the place where one of its essential elements was consummated.
4. Piracy — The venue of piracy, unlike all other crimes, has no territorial limits.
5. Libel — The action may be instituted at tire election of the offended or suing party in the
province or city:
a. where’ the libelous article is and first published;
b. if one of the offended parties is a private individual, where said private individual
actually resides at the time of the commission of the offense;
c. if the offended party is a public official, where the latter holds office at the time of
the commission of the offense.

Rule 111
PROSECUTION OF CIVIL ACTION
Section 1: Institution of criminal and civil actions.-
General Rule:
When a criminal action is instituted, the civil action for the recovery of civil liability arising
from the offense shall be deemed instituted with the criminal action.
Exceptions:
1. when the offended party waives the civil action
2. when the offended party reserves his tight to institute a separate civil action
3. when the offended party institutes a civil action prior to the criminal action.

WHEN RESERVATION SHALL BE MADE:

1. before the prosecution starts to present its evidence
2. under circumstances affording the offended party to a reasonable opportunity to make
such reservation.
DETERMINATION OF THE AMOUNT OF FILING CASES:
1. When the amount of damages, other than actual is specified in the complaint or
information filed in court, then the corresponding filing fees shall be paid by the offended
party upon the filing thereof in court for trial.
 2. In any other case, when the amount of damages is not so alleged in the complaint or
information filed in court, the corresponding filing fees need not be paid and shall simply
constitute a first lien on the judgment, except on an award for actual damages.
 In BP 22 cases, the civil action is mandatorily included in the criminal action. Filing fee
shall be based on the amount of the check involved (actual damage). In other cases, no
filing fees shall be required for actual damages. No reservation to file such civil action
separately shall be allowed.
 Counterclaims, cross-claims, third party complaints are no longer allowed in a criminal
proceeding. Any claim which could have been the subject thereof may be litigated in a
separate civil action.
Section 2: When separate civil action is suspended.

PRIMACY OF CRIMINAL ACTION OVER CIVIL ACTION:

Where both a civil and a criminal case arising from the same facts are filed in different
courts, the criminal case takes precedence and the civil action is thus suspended in
whatever stage it may be found.

Exceptions:
1. In cases of independent civil actions based upon Arts. 32, 33, 34 and 2176 of the Civil
Code
2. In cases where the civil action presents a prejudicial
3. In cases where the civil action is consolidated with the criminal action; and
4. Where the civil action is not one intended to enforce the civil liability arising from the
offense
ACQUITTAL IN A CRIMINAL CASE DOES NOT BAR CONTINUATION OF THE CIVIL
CASE WHERE:
1. The acquittal is based on reasonable doubt.
2. The decision contains a declaration that the liability of the accused is not criminal but
only civil.
3. The civil liability is not derived from or based on the criminal act of which the accused is
acquitted.
The extinction of the civil liability refers exclusively to civil liability arising from crime; whereas,
the civil liability for the same act considered as a quasi-delict is not extinguished even by a
declaration in the criminal case that the criminal act charged has not happened or has not
been committed by the accused.
Section 3. When civil action may proceed independently
 The institution of an independent civil action against the offender under Arts. 32, 33, 34 and
2176 of the Civil Code may proceed independently of the criminal case and at the same
time without suspension of either proceedings.
 Recovery of civil liability under Arts. 32, 33, 34 and 2176 of the Civil Code arising from the
same act or omission may be prosecuted separately even without a reservation. The
reservation and waiver herein refers only to the civil action for the recovery of civil liability
arising from the offense charged.
PURPOSE: To prevent the offended party from recovering damages twice for the same act or
omission.
AFTER arraignment and during the pendency of the criminal action shall extinguish the civil
liability arising from the delict
BEFORE arraignment the case shall be DISMISSED without prejudice to any civil action the
offended party may file against the deceased.
However, the independent civil action instituted under section 3 of this Rule or which thereafter
is instituted to enforce liability arising from other sources of obligation may be continued
against the estate or legal representative of the accused after proper substitution or against
said estate, as the case may be.
Section 7. Elements of prejudicial question
PREJUDICIAL QUESTION - that which arises in a case, the resolution of which is the
logical antecedent of the issue involved therein, and the cognizance of which pertains to
another tribunal. It must be determinative of the case before the court but the jurisdiction to try
and resolve the question must be lodged in another court or tribunal.
Elements of a prejudicial question:
1. The civil action must be instituted prior to the criminal action.
2. The civil action involves an issue similar or intimately related to the issue raised in the
criminal action.
3. The resolution of such issue determines whether not the criminal action may proceed.
RULE 112
PRELIMINARY INVESTIGATION
PRELIMINARY INVESTIGATION - is an inquiry or proceeding to determine whether there
exists sufficient ground to engender a well- founded belief that a crime has been committed
and that the respondent is probably guilty thereof, and should be held for trial. (Sec. 1, Rule
112)
It includes offenses punishable by at least four (4) years, two (2) months and one (1) day,
even if the same is cognizable by the MTC.

PURPOSE:
To protect the accused from the inconvenience, expenses and burden of defending himself
in a formal trial unless the reasonable probability of his guilt shall have proceeding by a
competent officer. It is also intended to protect the state from having to conduct useless and
expensive trials.
PRELIMINARY INVESTIGATION PERSONAL STATUTORY RIGHT?
 The right to preliminary investigation is a personal right covered by statute and may be
waived.
 Absence of preliminary investigation does not affect the jurisdiction of the court or
invalidate the information if no objection was raised by the accused.
THE REMEDIES OF THE ACCUSED IF THERE WAS NO PRELIMINARY
INVESTIGATION:
1. Refuse to enter a plea upon arraignment and object to further proceedings upon such
ground;
2. Insist on a preliminary investigation;
3. File a certiorari, if refused;
4. Raise lack of preliminary investigation as error on appeal; and
5. File for prohibition.
Section 2. Officers authorized to conduct preliminary investigation.
Persons authorized to conduct a preliminary investigation:
1. Provincial or city fiscal and their assistants
2. National and regional state prosecutors
3. Such other officers as may be authorized by law such as: the COMELEC,
Ombudsman and PCGG

Section 3. Procedure

Filing of the complaint

accompanied by the
affidavits and supporting
documents.

Within 10 days after the

filing, the investigating
officer shall either dismiss
or issue subpoena.

If subpoena is issued,
respondent shall submit a
counter-affidavit and
other supporting
 documents within 10days
from receipt thereof.

Hearing
(Optional)

Resolution (Sec. 4 and

5)

Section 6. When warrant of arrest may issue

Conditions before the investigating municipal trial judge can issue a warrant of
arrest
1. Have examined in writing and under oath the complainant and his witnesses by
searching questions and answers; (searching questions and answers means such
questions as may have the tendency to show the commission of the crime and the
perpetrator thereof)
2. Be satisfied that a probable cause exists;
3. That there is a need to place the respondent under immediate custody in order not to
frustrate the ends of justice
PROBABLE CAUSE: Presupposes a reasonable ground for belief in the existence of
facts warranting the proceedings complained of; an apparent state of facts to exists upon
reasonable inquiry which would induce a reasonably intelligent and prudent man to believe
that the accused person had committed the crime charged.
The judge need not personally examine the complaint and witnesses in the determination
of probable cause for the issuance of the warrant of arrest. He is only required to:
1. Personally evaluate the report and the supporting documents submitted by the fiscal
regarding the existence of probable cause and, on the basis thereof, issue a warrant of
arrest
2. If on the basis thereof he finds no probable cause, he may disregard the prosecutor’s
report and require the submission of supporting affidavits of witnesses to aid him in
arriving at a conclusion as to the existence of pro able cause.
If the MTC judge found probable cause but did not believe that the aforesaid conditions
were met, he cannot be compelled by mandamus to issue the same.
Remedy: The provincial fiscal, if he believes that the accused should be immediately
placed in custody, may file the corresponding information so that the RTC may issue the
necessary warrant of arrest.
Two types of offenses may be filed in the MTC for preliminary investigation:
1. a case cognizable by the RTC may be fifed with’ the MTC for, preliminary
investigation;
2. even If It is’ cognizable by the MTC because It is an offense where the penalty
prescribed by aw ‘Is at least four (4) years, two (2) months and one (1) day-without
regard to the fine.
In either situation, the MTC is authorized to issue a warrant of arrest if there is necessity of
placing the respondent under immediate custody, In order not to frustrate the ends of
justice, he shall issue a warrant of arrest.
Section 7. When accused lawfully arrested without warrant.
TWO SITUATIONS UNDER THIS RULE:
1. When a person is lawfully arrested without a warrant for an offense requiring a
preliminary investigation (sec. 1, Rule 112) and - no complaint or information has yet
been flied, he may ask for a preliminary investigation by signing a waiver of ‘the
provisions of Art. 125 of the RPC in the presence of his counsel.
2. When the complaint or Information was filed without preliminary investigation, the
accused may, within 5 days from the time he, learns of the filing of the• information, ask
for a preliminary investigation with the same right to adduce evidence in his favor in the
manner prescribed in this Rule.
Where the Information was amended without a new preliminary investigation having
been’ conducted, the 5-dày period is computed from the time, the accused learns of the
filing of said amended information.
The request for preliminary investigation should be made before plea, otherwise the right to
ask for a preliminary investigation shall be deemed WAIVED.
Section 8. Records
Records of the preliminary investigation shall not automatically form part of the records of
the case. Courts are not compelled to take judicial notice thereof., It must be introduced as
an evidence.
Section 9. Cases not requiring a preliminary investigation nor covered by the Rule
on Summary Procedure.
Procedure to be followed In cases which do not require preliminary investigation
1. Evaluate the evidence presented
2. Conduct searching questions or answers
3. Require the submission of additional evidence
For cases under, the Revised, Rules on Summary, Procedure, no warrant shall be,
issued except where the accused fails to appear after being summoned.
If the complaint Is filed with the prosecutor involving an offense punishable by
imprisonment of less than 4 years, 2 months and I day, the procedure in Rule 112, , Section
3 shall be observed
 If the complaint is filed with the MTC, the same procedure under Rule 112, Section 3
shall be observed.
If the judge finds probable cause, he shall issue a warrant of arrest, or a commitment
order if the accused had already been arrested and hold him for trial If the judge is satisfied
that there is no necessity for placing the accused under custody, he may issue summons
instead of warrant of arrest.
RULE 113
ARREST
Section 1. Definition of arrest—Arrest is the taking of a person into custody in
order that he may be bound to answer for the commission of an offense. (Section
1 Rule 113)
Modes of Arrest
1. arrest by virtue of a warrant
2. arrest without a warrant under statutorily provided exceptional circumstances
Essential requisites of a valid warrant of arrest:
1. It must be issued upon probable cause which must be determined personally by a judge
after examination under oath or affirmation of the complainant and the witnesses he
may produce
2. The warrant must particularly describe the person to be seized
No violence or unnecessary force shall be used in making an arrest.
If the arresting officer employs violence which is unnecessary to effect the arrest, he may
be held criminally liable for the resulting offense, unless he can show the justifying
circumstances precluding any person who acts in the fulfillment of a duty or the lawful
exercise of a right of office from incurring criminal liability.
Upon arrest, the following maybe confiscated from the person arrested:
1. Objects subject of the offense or used or intended to be used in the commission of the
crime;
2. Objects which are the fruits of the crime
3. Those which might be used by the arrested person to commit violence or to escape;
4. Dangerous weapons and those which may be used as evidence in the case.
A warrant of arrest does not become state or functus officio unlike a search warrant which
is valid only for 10 days. A warrant of arrest remains valid until arrest is effected or the
warrant lifted.
Section 5. Arrest without warrant; when lawful.
1. The person to be arrested has committed, is actually committing or is attempting to
commit an offense (In flagrante delicto).
 2. The person to be arrested has probable cause to believe based on personal
knowledge of facts or circumstances indicating that the person to be arrested has
committed a crime (doctrine of hot pursuit)
3. The person to be arrested is a prisoner who has escaped from a penal establishment
or placed where he is serving final judgment or temporarily confined while his case is
pending, or has escaped while being transferred from one confinement to another.
4. Where a person who has been lawfully arrested escapes or is rescued,
5. By the bondsman for the purpose of surrendering the accused
6. Where the accused attempts to leave the country without permission to the court.
The indubitable existence of a crime is not necessary to justify a warrant less arrest and
that “personal knowledge of facts” in arrest without warrant must be based upon probable
cause, which means an actual belief or reasonable grounds of suspicion.
The ground of suspicion are reasonable when in the absence of actual belief of the
arresting officers, the suspicion that the person to be arrested is probably guilty of
committing the offense is based on actual facts, i.e., supported by circumstances
sufficiently strong in themselves to create the probable cause of guilt of the person to be
arrested.
Section 6.Time of making arrest
Unlike a search warrant which must be served only in daytime, an arrest may be made
on any day and at any time of the day or night, even on a Sunday. This is justified by the
necessity of preserving the public peace.
Section 7. Method of arrest of officer by virtue of warrant
Section 8. Method of arrest by officer without warrant.
Section 9. Method of arrest by private person
Citizen arrest- Arrest effected by a private person

Method of arrest Exception to the

rule on giving
information
Sec.7 The officer shall inform 1. when the
the person to be person to be
arrested the cause of arrested flees;
the arrest and the fact 2. when he
that the warrant has forcibly resists
been issued for his before the
arrest. officer has an
opportunity to
inform him;
and
 3. when the
giving of such
information
Will imperil the
arrest.

Sec. 8 The officer shall inform 1. when the

the person to be person to be
arrested of his authority arrested is
and the cause of the engaged in the
arrest commission of an
offense or is
pursued
immediately its
commission;
2. when he has
escaped, flees, or
forcibly resists
before the officer
has an
opportunity to so
inform him; and
3. when the giving
of such
information will
imperil the arrest.
Sec.9 The private person 1.when the
shall inform the person to be
person to be arrested of arrested is
the intention to arrest engaged in the
him and the cause of commission of an
the arrest. offense or is
pursued
immediately its
commission;
2. when he has
escaped, flees, or
forcibly resists
before the officer
has an
opportunity to so
inform him; and
 3.when the giving
of such
information will
imperil the arrest.

Section 10. Officer may summon assistance

Only an officer making the arrest is governed by the rule, It does not cover a private
individual making an arrest.

Section 11.Right of officer to break into building or enclosure.

Requisites before an officer can break into a building or enclosure to make an
arrest:
1. That the person to be arrested is or is reasonably believed to be in said building;
2. That he has announced his authority and purpose for entering therein;
3. That he has requested and been denied admittance.
Section 12.—Right to break out of the building or enclosure to effect release
 As an officer making an arrest may break into a building when refused entry, he may
break also break out there from (if locked in) for the purpose of liberating himself.
 A private person making an arrest CANNOT break in or out of a building or
enclosure because only officers are allowed by law to do so.
Section 13. Arrest after escape or rescue
Where a person lawfully arrested escapes or is rescued, any person may immediately
pursue or retake him without a warrant at any time and in any place within the country. The
pursuit must be Immediate.
RULE 114
BAIL
Section 1. Bail defined
Bail -- the security given for the release of a person in custody of the law, furnished by him
or a bondsman, conditioned upon his appearance before any court as required under the
conditions specified by the rule. (Sec. 1, Rule 114)
A person is in the custody of law when he has been either arrested or otherwise deprived of
his freedom or when he has voluntarily submitted himself to the jurisdiction of the court by
surrendering to the property authorities.
Forms of bail:
  Property bond
 Cash deposit
 Corporate surety
 Recognizance
Section 2. Conditions of the bail; requirements
Conditions of Bail:
(a) The undertaking shall be effective upon approval, and unless cancelled, shall
remain in form at all stages of the case until promulgation of the judgment of the
Regional Trial Court, irrespective of whether the case was originally filed in or
appealed to it;
(b) The accused shall appear before the proper court whenever required by the court
or these Rules;
(c) The failure of the accused to appear at the trial without justification and despite due
notice shall be deemed a waiver of his right to be present thereat. In such case, the
trial may proceed in absentia;
(d) The bondsman shall surrender the accused to the court for execution of the final
judgment.
Section 4. Bail, a matter of right, exception
Section 5.Bail,when discretionary
When a matter of right
It is a matter of right (absolute) when the offense charged is punishable by any penalty
lower than reclusion perpetua.
The right to bail (as a matter of right) may not be denied even where the accused has
previously escaped detention, or by reason of his prior absconding.
The prosecution cannot adduce evidence for the denial of bail where it is a matter of
right. However, where the grant of bail is discretionary, the prosecution may show proof to
deny the bail.
RULES ON AVAILABILITY OF BAR:
1. Regardless of stage of the’ criminal prosecution, no bail shall be allowed If the accused
is charged with a capital offense or an offense punishable by reclusion perpetua and the
evidence of guilt is strong;
2. Before and after conviction by the MTC, bail is a matter of right. Sec.4
3. Before’ conviction by the RTC whether in the exercise of its original or, appellate
jurisdiction, bail is a matter of right. (Sec.4)
4. Upon conviction by the RTC of an offense not punishable by, death, reclusion perpetua
or life imprisonment, admission .to bail is discretionary.
5. After conviction by the RTC where in a penalty’ of imprisonment exceeding 6 but not
more than 20 years Is imposed, and not one of the circumstances below is present and
proved, bail is a matter of discretion. (Sec.5)
 Recidivism, quasi-recidivism or habitual delinquency or commission of crime
aggravated by, the circumstances of reiteration.
 Previous escape from legal confinement, evasion of se or ‘violation of the conditions
of bail without valid justification.
 Commission of the offense while on probation, parole or under conditional pardon
 Circumstance of the accused or his case indicate the probability of flight if released
on bail
 Undue risk of commission of another crime by the accused during pendency of
appeal.
6. After conviction by the RTC imposing a penalty of imprisonment exceeding 6 years but
not more than 20 years and any of the circumstance enumerated above and other similar
circumstance is present and proved, no bail shall be granted.
7. After judgment .has become final unless accused applied for probation before
commencing to serve sentence of penalty and offense within purview of probation law.
(Sec. 24)
Section 7. Capital Offense, not bailable.
The capital nature of the offense is determined by the penalty prescribed by law not the
penalty. which may actually be imposed since the latter requires’ a consideration of the
evidence at the trial. ,
Section 8. Burden of proof in bail application
The, hearing should be summary or otherwise in the discretion of the court but the right
of the prosecution to control the quantum of evidence and the order of presentation of
witnesses must be equated with the purpose of the hearing — to determine the billability of
the accused.
Section 9. Amount of bail guidelines
Factors to be considered in fixing the reasonable, amount of bail (not exclusive):
1. Financial ability of the accused to give bail;
2. Nature and circumstances of the offense;,
3. Penalty for the offense charged;
4. Character and reputation of the accused;’
5. Age and health of the accused;
6. Weight of evidence against the accused;
7. Probability of the accused appearing at the trial;
8. Forfeiture of other bail;
9. The fact that the accused was a fugitive from justice when arrested; and
10. Pendency of other cases when the accused is on bail.
The principal factor considered, to the determination most other factors are directed,:
is the probability of the appearance of the accused, or of his flight to avoid punishment
Section 13 Justification of sureties
The qualifications of sureties in property bond are:
1. Each must be a resident owner of real estate within the Philippines;
2. Where there is only one surety, his real estate must be worth at least the amount of
the undertaking;
3. If there are 2 or more sureties, each must justify in an amount less Than that
expressed in the undertaking but the aggregate of the justified sums must be
equivalent to the whole amount of the ball demanded.
The purpose of the rule requiring the affidavit of qualification, by the surety before
the judge, is to enable the latter to determine whether or not the surety possesses the
qualification to act as such, especially his financial worth.
Section 15 Recognizance
Recognizance - an obligation of record, entered into before Some court or officer
authorized to take it with a condition to do some particular act and the accused is often
allowed to obligate himself to answer the charge.
Section 16. Bail when not required; reduced bail on recognizance.
Instances wherein the accused may be released on recognizance, without putting bail or on reduced ball:

CAN BE RELEASED 1. Offense charged is violation of

WITHOUT BAIL an ordinance, light felony or a
criminal offense, the Imposable
penalty wherefore does not
exceed 6 months of
imprisonment and/or fine of P-
2,000 under R.A. 6036
2. Where the ,accused has
applied for probation and before
the same has been resolved but
no bail was filed or the accused is
incapable of filing one, in case he
may be released on
recognizance
3. Incase of a youthful offender
held for physical or mental
examination, trial or appeal if
unable to furnish bail and under
the circumstances under PD 603
 as ,amended

ON REDUCED BAIL OR ON 1. A person in custody for a

HIS OWN RECOGNIZANCE period equal to or more than the
minimum of the principal penalty
prescribed for the offense
charged, without application of
the indeterminate sentence law
or any modifying circumstance
shall be released on reduced bail
or on his own recognizance.
UNDER THE REVISED General Rule: no bail
RULES ON SUMMARY Exception
PROCEDURE
1. When a warrant of arrest is
issued for failure to appear when
required by the court . 2. When
the accused
 is a recidivist;
 is fugitive from justice;
 is charged with physical
injuries
 does not reside in the place
where the violation of the law
or ordinance is committed; or
 has not reside in the place
where the violation of the law
or ordinance is committed; or
 has no known residence
Section 21. Forfeiture of bail
Order of forfeiture vs. order of confiscation:
1. an order of forfeiture is conditional and interlocutory, there being ‘something more to
be done such as the” production of the accused within 30 days as provided by the rules
an order of forfeiture is not appealable
2. an order of confiscation is not independent of the order of forfeiture. It Is a judgment
ultimately determining the liability of the surety thereunder, and therefore final and
execution may issue at once.
Section 22. Cancellation of bailbond
Instances when bail bond can be cancelled:
1. upon application by the bondsman with notice to the fiscal and upon surrender of the
accused
2. upon proof that the accused died
The bail bond is automatically cancelled upon the acquittal of the accused or dismissal
of the case, without prejudice to any liable on the bond
Methods, by which sureties, may relieve themselves from responsibilities
a. arrest the principal and deliver him to the proper authorities
b. they may cause ‘his arrest to be made by any police officer or other person of
suitable age or discretion
c. by endorsing the authority to arrest upon a certified copy of the undertaking and
delivering it to such officer or person
Section 23. Arrest of accused out on bail.
An accused released on ball, may be re arrested: without a warrant if he attempts
to depart. from’ the Philippines without prior permission of the court where the case is
pending.
Section 24. No bail after final Judgment; exception.
General rule: The finality of the judgment terminates the criminal proceeding. Bail
becomes of no avail. The judgment contemplated is a judgment of conviction. The
Judgment is final if the accused not appeal the conviction.
EXCEPTION: Although the judgment of conviction is final, if the accused applies for
probation he may allowed temporary liberty under his, existing bail bond, or If no bail
was filed, or is incapable of filing one, he may be released on recognizance to the
custody of a responsible member of the community.
RULE 115
RIGHTS OF THEACCUSED
Sectlon 1. Rights of the accused at the trial
RIGHTS OF THE ACCUSED
A. To be presumed innocent
Equipoise rule — where the evidence of the parties in a criminal case are evenly
balanced, the constitutional presumption of innocence should tilt In favor of the accused
and must be acquitted.
B.To be Informed of the nature and the cause of the accusation against him.
Hombook doctrine — an accused cannot be convicted of an offense unless it is clearly
charged in the complaint or information.
When a person is charged in a complaint with a crime and the evidence does not
show that he is guilty thereof, but does show that he is guilty of some other crime or a
lesser offense, the court may sentence him for the lesser offense, provided the lesser
offense is a cognate offense and is included in the complaint with the court.
 In capital offenses, when there is a discrepancy between the designation of the
crime in the preamble to the information and the facts pleaded in the body; the court
should call the attention of the accused, so that he may be fully apprised of the nature
and cause of the accusation again him.
C) To be present and defend in person and by counsel at every stage of the
proceeding
The presence of the accused is not required at every stage of the trial but ONLY:
1. During arraignment (Sec. 1b, rule 116)
2. Promulgation of judgment except when the conviction Is for a light offense, In which
case, it may be pronounced In’ the presence of his counsel or a representative
3. When order by the court for purposes of identification
TRIAL IN ABSENTIA
Conditions for trial in absentia to apply:
1. accused has been arraigned.
2. he has been duly notified of the trial
3. his failure to appear Is unjustified
Purpose of trial in absentia
 to speed up the disposition of criminal cases, trial of which could in the past
be indefinitely deferred and many time completely abandoned because of the
defendant’s escape.
NOT APPLICABLE IN SC and CA -The law securing to an accused person the right
to be present at every stage of the proceedings has no application’ to ‘the proceedings
‘before the Court of Appeals and the Supreme Court nor to the entry and promulgation
of their judgments The defendant need not be present in court during the hearing of the
appeal. (Sec. 9 Rule 124)
D) Right to counsel
* When the accused appears before the court without counsel, it has the following
duties:
1. It must inform the defendant that it is his right to have an attorney before being
arraigned;
2. After giving him, such information, the court must ask him if he desires the aid of an
attorney;
3. if he desires and is unable to employ one, the court must assign an attorney de oficio
to defend him; and
4. If the accused desires to procure an attorney of his own, the court must grant him
reasonable time, therefore.
 The duty of the court to appoint a counsel de oficio when the accused has no
legal counsel of choice and desires to employ the services Of one is MANDATORY only
at the time of arraignment (Sec6 Rule 116).
E) To testify as witness in his own behalf
F) Right against self-incrimination
The right against self-incrimination is not self executing or automatically
operational. It must be asserted. .
Exceptions: Immunity statutes such as:
1. RA 1379 — Forfeiture of Illegally obtained wealth
2. RA 749—Bribery and Graft cases
Right of the accused against self Incrimination vs. right of that of an ordinary witness
The ordinary witness may be compelled to take the witness stand and claim the
privilege as each question requiring an incriminating answer is shot at him, an accused
may altogether refuse to take the witness Stand and refuse to answer any and all
questions.
G) Right to confront and cross examine the witnesses against him at trial
Purposes:
(1) to secure the opportunity of cross examination and
(2) to allow the judge to observe the deportment and appearance of the witness while
testifying. Either party may utilize as part of its evidence the testimony of a witness; who
died, Out of or cannot with due diligence be found n the country, unavailable or
otherwise unable to testify, given in another case or proceeding, judicial or
administrative, involving the same parties and subject matter, the adverse party having
had the opportunity to cross-examine him.
H) Right to speedy, impartial and public trial
Remedies available to the accused when his right to a speedy trial is violated:
1. He should ask not for the dismissal but for the trial of the case
2. Unreasonable of the trial of a criminal case as to make the detention of defendant
illegeal gives ground for habeas corpus as a remedy for obtaining release so as to
avoid detention for a reasonable period of time
3. Accused would be entitled o relief in a mandamus proceeding to compel the
dismissal of the information.
Public trial
The court may upon its own motion exclude the public from the courtroom if the
evidence to be produced during-the trial is of such a character as to b offensive to
decency or public moral. The court may also, upon motion of the accused, exclude the
public from trial except court personnel and the counsel for the parties (Sec. 13 Rule
119)
I) Right appeal on all cases allowed by law and the manner prescribed by law.
RULE 116
ARRAIGNMENT AND PLEA
Section 1. Arraignment and plea; how made
Arraignment - consists of reading the information to the accused and asking him, in
open court whether or not he is guilty, of what is alleged against him
The accused must personally enter his plea though he be charged with a light
offense only.
Where and how made:
1. before the court where the complaint or information has been filed or assigned
for trial
2. by the judge or clerk of the court by furnishing the accused a copy of the
complaint or information with the list of the witnesses, reading in a language or
dialect known to him and asking him of his plea.
Plea - the matter which the accused • on his arraignment, alleges in answer to the
charge against him.
There can be no double jeopardy where the accused has not yet pleaded to the
offense.
A mere written manifestation is not a valid plea. For Jeopardy to attach, it is
necessary that the defendant has been arraigned and has pleaded, to the charge
because it is from that moment that the issues are deemed Joined.
Purpose of Plea
 to make an issue. Without an Issue, there is nothing to be tried and nothing
on which the judgment and sentence of a court can be properly predicated
When the accused pleads guilty but presents exculpatory evidence, his plea shall be
deemed withdrawn and a plea of not guilty shall be entered for him. (People vs.
Balisacan 17 SCRA 1119)
Paragraph (d) refers to a situation where an accused pleads guilty but invokes the
mitigating circumstance of incomplete self-defense (Article 13 RPC). lf the accused alter
being allowed to present evidence, however adduces proof not only to establish
Incomplete self-defense, but that he acted with legal justification, his earlier plea of
guilty shall be deemed withdrawn and a plea of not guilty shall be entered for him.
Paragraph (e) provides for a shorter time within which an accused who is detained
should be arraigned. This is short than what is provided for in the Speedy Trial Act (RA
8493).
Under paragraph (f), to avoid delay, the presence of the offended party is flow
required during the arraignment and also to discuss the matter of accused’s civil liability.
His failure to appear despite due notice gives the court discretion to allow the accused
to plead guilty to a Iesser offense with solely the conformity of the trial prosecutor.
When should a plea of not guilty be entered:
1. when the accused so pleaded
2 when he refuses to plead
3. where In admitting the act charged, he sets up matters of defense or with lawful just
4. when he enters a conditional plea of guilt
5. Where after a plea of guilt, be introduces evidence of self-defense or other
exculpatory circumstances
6. when the plea is indefinite or ambiguous
An unconditional plea of guilt admits of the 1 crime and all the attendant
circumstances alleged in the information including the allegations of conspiracy and
warrants of judgment of conviction without need of, further evidence.
Exceptions:
1. plea of guilty was compelled by Violence or Intimidation,
2. the accuse did not fully understand the meaning and consequences of his plea
3. insufficient information to sustain conviction of the charged ,
4. information does not charge an offense, any conviction there under being void
5. court has no jurisdiction
SPECIAL LAWS PROVIDIING FOR TIME OF ARRAIGNMENT
a. Republic Act No 4908 which requires that in criminal cases where the complainant
is about to depart from the Philippines with no definite date of return, the accused
should be arraigned without delay and his trial should commence within three (3)
days from arraignment and that no postponement of the initial hearing should be
granted except on the ground of illness on the part of the accused or other
grounds beyond the control of the court.
b. R.A. No. 7610, the Child Abuse Act, which requires that the trial of cases falling
under said law shall be commenced within three (3) days from arraignment.
c. The Dangerous Drugs Law, which requires the trial of cases falling under said law
shall be finished not later than ninety (90) days from the filing of the information,
and the decision thereon, within fifteen (15) days from the of the case.
d. Cases falling under Supreme Court Administrative Order No. 104-96, i.e., heinous
crimes, violations of the intellectual Property Rights Law, which are required to be
tried, continuously until terminated within sixty (60) days from commencement of trial
and to be decided within thirty (30) days from the submission of the case.
Section 2. Plea of guilty to a lesser offense
Requisites:
1. consent of the offended • party and the prosecutor to the plea of guilty to a lesser
offense which is necessarily included in the offense charged,
2. the prosecution does not have sufficient evidence to establish the guilt of the
accused of the crime charged
Section 3 Plea of guilty to capital offense, reception of evidence
When the accused pleads guilty to a capital offense, the court shall:
a. conduct a searching inquiry into the voluntariness and full comprehension of
the consequences of his plea and
b. require the prosecution to. prove his guilt and the precise degree of his
culpability
c. ask the accused if he desires to present evidence In his behalf and allow him
to do so if he desires
Section 5. Withdrawal of improvident plea of guilty
This is not a matter of absolute right on the part of the defendant but lies entirely
within the sound discretion of the trial court, and appellate, court shall not interfere
with such discretion In the absence of clear abuse thereof. A plea of guilty later
withdrawn is not admissible in evidence against an accused.
In order to be valid, the plea must be an unconditional admission of guilt it must
be of such nature as to foreclose the defendant’s right to defend himself from said
charge, thus leaving the court no alternative but to impose the penalty fixed by law.
Section 6. Duty of court to inform accused of his right to counsel
Duties of the court when the accused appears at the arraignment without counsel:
1. inform the accused of his right to counsel :
2. ask him if he desires to have one
3. if he desires and is unable to employ, an attorney, the court must assign an
attorney de oficio to defend him, and
4. if the accused desires to procure an attorney of his own, the court must grant him
a reasonable time therefor.
Failure of the courts to fulfill/comply with this duty is a denial of due process
Section 7. Appointment of counsel de oficio
A private prosecutor who assisted the prosecuting attorney in the prosecution
against one defendant is disqualified, from acting as counsel do, officio for the other
defendants in the same case. An attorney cannot act In a double capacity..
Although the attorney appointed as counsel do oficio had previously appeared as
private prosecutor In the case, if it appears that the accused’ was properly defended,
the appointment, even if erroneous, is not a error
In localities where such members of the bar are not available, the court may
appoint any person who is:
1. resident of the province and
2. of good repute for probity and ability to defend the accused
Section 8. Time for counsel de officio to prepare for arraignment
Under the old rule, the counsel de officio only had one hour to consult with the
accused before arraignment.
 the time limit of “one hour” under the old rule is substituted by
“REASONABLE TIME”
The former Section 9 of this Rule is no longer reproduced because under Section 1,
Rule 119, the accused shall have fifteen (15) days to trial, which shall commence
within, thirty (30) days from receipt the pro-trial order.
 At or before arraignment, the accused may move for a “bill of particulars”.
The remedy against an indictment that fails to allege the time of the commission of
the offense with sufficient definition is a motion for a bill of particulars and not a
motion to quash. :
Section 9. Bill of particulars
Purpose: to enable the accused to informed of the charges and provides for the
remedy from the vague and indefinite allegation in the complaint or information and it
become an integral part of the complaint or information which it supplements.
The failure to ask for Bill of Particulars amount to a waiver of such right.
Section 11. Suspension of arraignment
Grounds for suspension:
1. the accused appears to suffering from unsound mental condition which effective
renders him unable to fully understand the charge against him and to plead intelligent
thereto; and
2. there exists a prejudicial question; and
3. a petition for review of the resolution of the prosecutor is pending at the
Department Justice or the Office of the President; provided that the period of
suspension shall not exceed 60 days counted from the filing of the petition.
RULE 117
MOTION TO QUASH
Section 1 Time to move to quash MOTION TO QUASH — is a hypothetical
admission of the facts alleged in the information, hence the court in resolving the
motion cannot consider facts contrary to those alleged in the information or which do
not appear on the face of the information, except those admitted by the prosecution.
The accused may move to quash the complaint or information at any time BEFORE
entering his plea.
EXCEPTION - Instances where a motion to quash be filed AFTER plea:
1. failure to charge an offense
2. lack of jurisdiction over the offense charged
3. extinction of the offense or penalty
4. Jeopardy

Motion to quash Demurrer to

Evidence
Filed before the Filed after the
defendant enters his prosecution has rested
plea its case
does not, go into the based upon the
merits of the case inadequacy of the
but is anchored on evidence adduced by
matters not directly the prosecution in
related to the support of the
question of guilt or accusation
Innocence of the
accused
governed by Rule 11 -governed by Rule 119
7of the Rules of of the Rules of
Criminal Procedure Criminal Procedure
Section 2. Form and contents Form and contents of a motion to quash:
1. in writing
2. signed by the accused or his counsel
3. shall specify distinctly the factual and legal grounds therefor..
A motion to suspend the issuance of a warrant of arrest may be considered a
motion to quash because It Is not the caption of the pleadings but the allegations
therein contained that should prevail. The allegations of said motion, in effect, mean
that the information does not charge an offense.
If the accused has already entered his plea, it is discretionary on the part of the
court to permit him to withdraw that plea in order to file a motion to quash.
RESOLUTION OF A MOTION TO QUASH
A motion to quash must be resolved before trial and cannot defer the hearing and
determination of said motions until trial on the merits as it would impair the right of
the accused to speedy trial.
It may also be resolved at the preliminary investigation since the investigating officer
or Judge has the power to either dismiss the case or bind the accused over for trial
by the proper court, depending on Its determination of lack or presence of probable
cause.
Section 3. Grounds
1. That the facts charged do not constitute an offense;
2. That the court trying the case has no Jurisdiction over the offense charged;
3 That the court trying the case has no jurisdiction over the person of the accused;
4, That the officer who flied the information had no authority to do so;
5. That It does not conform substantially to the prescribed form;
6. That more that one offense is charged except when a single punishment for
various offenses is prescribed by law
7.That the criminal action or liability has been extinguished.
8.That it contains averments which, if true would constitute a legal excuse or
justification; and
9. That the accused has been previously convicted or acquitted of the offense
charged, or the case against him was dismissed or otherwise terminated without his
express consent.
Section 4. Amendment of complaint or Information.
If an alleged defect in the complaint or information which is the basis of a motion
to quash can be cured by amendment, the court shall order the amendment instead
of quashing the complaint or information if, after the amendment, the defect is still not
cured, the motion to quash should be granted.
Section 5. Effect of sustaining the motion to quash.
Courses of action the court may take if it sustains a motion to quash:
1. the dismissal of the information, which is deemed to all intents and purposes,
wiped out the case then stood as if no information had ever been filed .
2. the filing of a new information, if the accused is in custody shall remain so unless
he is released on bail, if there is no such order or if there is such order and no new
information is filed within the period fixed in the order or within such further time as
the court may allow, for good cause shown, the accused, who Is In custody, shall be
discharged therefrom, unless he is In Custody for another offense.
Procedure in case of Denial of Motion to Quash:
The defendant should go to, trial without prejudice on his part to present the
special defenses he had, invoked in his motion and, if after trial, on the merits, an
adverse decision is rendered to appeal therefrom. In the manner authorized by law.
A motion, to quash is always addressed to the discretion of the court. Neither
certiorari nor prohibition lies against an order of the court granting or denying a
motion to quash information.
An order sustaining a motion to quash based on the ground, that the criminal
action on the liability has been extinguished or on double jeopardy constitutes a bar
to another prosecution for the same offense.
Section 6. Order sustaining the motion to quash n a bar to another
prosecution
An order denying a motion to quash is interlocutory and not appealable and such
cannot be controlled by certiorari, prohibition or mandamus in another court of
coordinate rank.
 An order granting a motion to quash is appealable, and the accused cannot claim
jeopardy as the dismissal is procured not only with his consent but at his own
instance.
Section 7. Former conviction or acquittal; double jeopardy
Jeopardy — exposure to danger. When a person is prosecuted before a court
which has authority to decide the Issue between the State and himself, he is then
exposed to danger in that he is in peril of life and liberty.
Extent of protection afforded by the rule on double jeopardy:
1. against the peril of a second punishment
2. against the peril of a second trial for the same offense or for an attempt to commit
the same of frustration thereof.
Requisites for double jeopardy:
1. the accused has been convicted or acquitted
2. the case against him has been dismissed or otherwise terminated without’ his,
express consent .
3. the court which convicted or acquitted the accused or dismissed or, terminated
the case is a court of competent jurisdiction
4. the complaint or Information was valid and sufficient In form, and Substance to
sustain a conviction.
5. the accused has pleaded to the charge
6. there Is a subsequent prosecution against the accused for the offense charged, or
for any attempt to commit the same Or frustration thereof, or for any offense which
necessarily includes or is necessarily included in the offense charged in the
former prosecution.
Dismissal vs. Acquittal
Acquittal is always based on the merits, that is, the defendant is acquitted
because the evidence does not show defendant’s guilt beyond reasonable doubt; but
dismissal does not decide the case on the merits or that the defendant is not guilty.
Occasions when double jeopardy will attach even if the motion to dismiss
the case, is made by the accused himself:
1. the ground is insufficiency of evidence of the prosecution
2. when the proceedings have been unreasonably prolonged in violation of the right
to a speedy trial. (People vs Gines).
If the dismissal is based on Insufficiency of evidence to establish the guilt of the
accused beyond reasonable doubt, the dismissal is actually an acquittal.
If the dismissal is based on the right of the, accused to a speedy trial, the
dismissal amounts to an acquittal and operates to bar another prosecution for the
same offense even if the dismissal upon motion of the accused.
 The discharge of a defendant on a preliminary investigation is not such an
adjudication in his favor as will, bar a subsequent prosecution for the offense. This is
because a preliminary investigation not trial or any part thereof and does not have for
its object that of determining definitely the guilt of the accused by proofs, counter-
proofs, and the other formalities prescribed by law.
“ same offense” under the general rule, has always been construed to mean not
only that the second offense charged is exactly the same as the one alleged in the
first information but also that the two offenses are identical.
If an act is punished by a law and an ordinance, even if they are, considered as
different offenses, conviction or acquittal under either shall constitute a bar to another
prosecution for the same act.
Where the same offenses charged are penalized either by different sections of the
same statute or by different, statutes, what is considered is the IDENTITY OF THE
OFFENSES charged:
Test for determining whether the two offenses are identical
A. SAME OFFENSE TEST - There is IDENTITY between two, offense not only
when the second, offense is exactly the same as the first, but also when the second
offense is an attempt to or is necessarily included in the offense charged in the first
information.
Exceptions to the identity rule:
1. The graver offense developed due to supervening facts arising from the same
act or omission constituting the former charge.
2. The facts constituting the graver charge became known or were discovered
only after a plea was entered in the former complaint or information.
3. The plea of guilty, to the lesser offense was made without the consent of the
prosecutor and of the offended party; except when the offended party failed to
appear during the arraignment.
In any of these instances, such period of the sentence as may have been served
by the accused under the former conviction shall be credited against and deducted
from the sentence he has to serve should he be convicted under the subsequent
prosecution.
B. SAME EVIDENCE TEST - whether the facts as alleged in the second
information, if proved, would have been sufficient to sustain the former information,
or from which the accused, may have been acquitted or convicted
Section 8. Provisional dismissal. —
REQUISITES:
1. consent of the prosecutor.
2. consent of the accused.’
3. noticed to the offended party
 If a case is provisionally dismissed with the consent of the prosecutor and the
offended party the failure to reinstate it within the given period will make the
dismissal permanent.
PERIOD FOR REINSTATEMENT:
a) offenses punishable by imprisonment not exceeding 6 years = ONE YEAR .
b) offenses punishable by imprisonment of more than 6 years= TWO YEARS
Otherwise t dismissal shall be removed from being provisional and becomes
permanent.
Section 9. Failure to move to quash or to allege any ground therefor.
If the accused does not move to quash the complaint or information before he
pleads thereto he shall be taken to have waived all objections which are grounds for
a motion to quash, EXCEPT: When the complaint or Information
1. does not charge an offense
2. the court is without jurisdiction over the Offense charged
3. the offense or penalty has been extinguished
4. jeopardy .
RULE 118
PRE-TRIAL
Section 1. Pre-trial; mandatory in criminal cases
Pre-trial is MANDATORY in all crimiinal cases, to take up the following matters:
(a) plea bargaining
(b) stipulation of facts;
(c) marking for identification of evidence of the parties;
(d) waiver of Objections’ to admissibility of evidence;
(e) modification of the order of trial if the accused admits the charge but interposes a
lawful defense; and
(t). such matters as will promote a fair and expeditious trial of the criminal and civil
aspects of the case. (Sec. 2 & 3. Circ. 38-98)
Plea bargaining — the process whereby the accused, the offended party and the
prosecution work out a mutually satisfactory disposition of the case subject to court
approval. It usually involves the defendant’s pleading guilty to a lesser offense or to
only one or some of the counts of a multi-count indictment in return for a lighter
sentence than that for the graver charge.
Purpose: To consider the possibility of an amicable settlement of the case. .
The court shall after arraignment and within 30 days from the time the court
acquires jurisdiction o0ver the person of the accused, unless a shorter period is
provided for by special laws or circular of the Supreme Court, order a pre-trial.
Section 2. Pre-trial agreement.
Requisites before the pre-trial agreement can be used as evidence:
1. they are reduced to writing
2. the pre-trial agreement is signed by the accused and his counsel
Section 3. Non-appearance at pre-trial conference.
The accused is not the one compelled to appear, but only the counsel for the
accused or the prosecutor.
The sanctions or penalty may, be in the form of reprimand, fine or imprisonment.
In as much as this is similar to indirect contempt of court, the penalty for indirect
contempt may be imposed.
Section 4. Pre-trial order.
After the pre-trial the court issues an order reciting what has been taken, and
thereafter the trial on the merits will proceed on matters not disposed of during the
pre-trial.

RULE 119
TRIAL
Section 1. Time to prepare for trial.—
Trial - the examination before a competent tribunal according to the laws of the land,
of the facts put in issue in a case for the purpose of determining such issue
Section 2. Continuous trial until terminated; postponements. —
CONTINUOUS TRIAL SYSTEM
Trial once commenced shall continue from day to day as far as practicable until
terminated; but it may be postponed for a reasonable period of time for good cause
Purpose of the continuous trial’ system is’ to expedite the decision or, resolution of
cases in the trial court.
Limitation of the trial period:
It shall in no case exceed 180 days the first day of the trial, except as otherwise
provided by the Supreme Court.
Requisites, before a trial can be put-off on account of the absence of a witness:
1. that the witness is material and appears to the court to be so
2. that the party who applies has been guilty of no neglect
3. that the witnesses can be had at the time to which the trial is deferred and
incidentally that no similar evidence could be obtained
4. that an affidavit showing the existence of the above circumstances must be
filed
Remedies of accused where a prosecuting officer without good cause
secures postponements of the trial of a defendant against his protest
beyond a reasonable period of time:
1. mandamus to compel a dismissal of the information,
2. if he is restrained of his liberty by habeas corpus to obtain his freedom
The SC adopted the continuous trial system as a mode of Judicial fact-finding and
adjudication conducted with speed and dispatch so that trials are held on the
scheduled dates without postponement the factual issues for trial well- defined at
pro-trial and the whole proceedings terminated and ready for, Judgment within 90
days from the date of initial hearing, unless for meritorious reasons an extension is
permitted.
The system requires that the Presiding Judge:
1. adhere faithfully to the session hours prescribed by laws;
2. maintain full control of the proceedings; and
3. effectively allocate and use time and court resources to avoid court delays.
The non-appearance of the prosecution at the trial, despite due notice, justified a
provisional dismissal or an absolute dismissal depending upon the circumstances.
Section 11. Order of Trial
The trial shall proceed In the following order:
a. The prosecution shall present evidence to prove the charge and, in the proper
case, the civil liability.
b. The accused, may present evidence to prove his defense and damages, if any,
arising from the issuance of a provisional remedy in the case.
c. The prosecution and the defense may, in that order present rebuttal and sur-
rebuttal evidence unless the court, in furtherance of justice, permits them to
present additional evidence bearing, upon the main issue.
d. Upon admission of the evidence of the parties; the case shall be deemed
submitted for decision unless the court directs them to argue orally or to submit
written memoranda.
e. When the accused admits the act or omission charged in the complaint or
information but interposes a lawful defense, the order of trial may be modified.
A departure from the order of the trial is not reversible error as where it was
agreed upon or not reasonably objected to, but not where the change in the order
of the trial was timely objected by the defense.
Where the order of the trial set forth under this section was not followed by the
court to the extent of denying the prosecution an opportunity to present its
evidence, the judgment is a nullity ( People vs. Balisacan).
Admission of rebuttal evidence is addressed to the sound discretion of the trial
court.
Section 12. Application for examination of witness for accused before
trial.
Accused may .have his witness examined conditionally in his behalf
BEFORE trial upon motion with notice to all other parties.
Motion must be supported by affidavit of the accused and such other
evidence as the court may require.
The motion must state:
1. name and residence of Witness
2. substance of testimony
3. witness so sick to afford reasonable ground to believe that he will not be able to
attend the trial or resides more that 100 km and has no means to attend, the
same, or other similar circumstances exist that would make him unavailable or
prevent him from attending trial.
Section 13. Examination of defense witness; how made
If the court is satisfied that, the examination of witness is necessary as
provided in SECTION 4, order shall be made and a copy served on the fiscal.
The examination shall be taken before any judge or if not practicable any
member of the Bar in good standing designated in the order
Requisites for admission into the, witness protection program:
1. person has witnessed or has knowledge or information on the commission of a
crime
2. has testified or is testifying or about to testify before any judicial or quasi-
judicial body or before any investigating authority
3. the offense in which his testimony will be used is a grave felony as defined
under the Revised Penal Code, or its equivalent under special Iaws
4. his testimony, can be substantially corroborated in its material points
5. he or any member of his family within the second civil degree of consanguinity
or affinity is subjected to threats to his life or bodily injury or there is a likelihood
that he will be killed, forced, Intimidated, harassed or corrupted to prevent him
from testifying or to testify or evasively because, of or on account of his testimony
8. he is not a law enforcement officer, even if he would be testifying against other
law enforcement. officers. In such case, only immediate members of his family
may avail themselves of the protection provided for under the Witness Protection
Act
Responsibilities of a witness under the protection program:
1. to testify before and provide information to all appropr1a law enforcement ,
officials concerning all appropriate proceedings ‘In connection with or arising from
the activities involved In the offense charged
2. to avoid the commission of a crime
3. to take all necessary precautions to avoid detection by others of the facts
concerning the protection provided him
4; to comply with legal obligations and civil judgments against him
5. to cooperate with respect to all reasonable requests of officers and employees
8. to regularly inform the appropriate program official of his current activities and
address.
The granting of a separate trial when two or more defendants are jointly
charged with an offense is discretionary with the trial court.
Section 16. Trial of several accused
The motion for separate trial must be before the commencement of the trial
cannot be raised for the first time on appeal.
If a separate trial is granted, the testimony of one accused imputing the
crime to his co accused is not admissible against the tatter in Joint trial, it would
be admissible if the latter had the opportunity for cross-examination.
Section 17. Discharge of accused to be state witness.
Requisites for discharge
1. Absolute necessity for the testimony
2. No other direct evidence available for the prosecution
3. Testimony can be substantially corroborated in its material points
4. Accused not the most guilty
5. Accused has never been convicted of an offense involving moral turpitude
The prosecutor must first present evidence and sworn statement of the
proposed state witness
Rules Relative to the Use of Person Himself if “Particeps Crirninis” As
Government, Witness:
1. All requisites to be complied with.
The discharge of an accused that he may turn state witness is expressly left to the
discretion of the court. The court has the exclusive responsibility to see that
conditions prescribed by the rules exist.
2. More than one accused may be discharged.
It’ all depends upon the needs of the fiscal and the discretion of the judge. Any
error of the trial judge in this manner cannot have the effect of invalidating the
testimony of the discharged co-defendants.
Effects of Discharge
Evidence adduced in support of the discharge shall automatically form part of the
trial
If the court denies the motion to discharge the accused as state witness, his
sworn statement ‘shall be inadmissible in evidence.
Discharge of accused operates, as an acquittal and ‘bar to further -prosecution for
the same offense.
EXCEPTIONS:
1. If the accused fails or refuses to testify against his co-accused in accordance
with his sworn statement constituting the basis of the discharge
2. Failure to testify .refers exclusively to defendant’s will or fault
3. Where an accused who turns state’s evidence on a promise of immunity but
later retracts and fail to keep his part of the agreement, his confession of his
participation in the commission of the crime is admissible as evidence
against him.
An amended information is information but a continuation of one, so that a
discharge under information Is just as binding subsequent amended information.
Section 19. When mistake has been made in charging the proper offense.
The provision of Section 11 does not refer to any mistake whereby the defendant
cannot be convicted of the offense charged, nor of any other offense necessarily
included therein. In such case, anew information should be filed charging the
accused with the proper offense without discharging him by keeping him in
custody or under bail.
Section 22. Consolidation Of trials of related offenses.
This contemplates. a. situation where separate information are filed:
1. for offenses founded on the same facts;
2. for offenses which form part of a series offenses of similar character.
Section 23 Demurrer to evidence
The arrest rule, allows the accused in criminal case to present evidence
even after motion to dismiss provided the demurrer was made with the express
consent of the court purpose of leave is to determine whether or not the
defendant in a criminal case has filed demurrer merely to stall the proceedings..
The filing, of the’ motion to dismiss without leave of court results In the
submission of case for decision on the basis of the evidence on record and does
not lie from such order denying the motion to dismiss.
If said motion to dismiss is sustained, such dismissal being on the merits is
equivalent to an acquittal, hence the prosecution cannot appeal as it would place
the accused in double Jeopardy.
An order denying a demurrer to evidence being interlocutory is not
appealable.
RULE 120 JUDGMENT
Section 1.Judgement; definition and form.
Judgment - the 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 for by the law.
It is not necessary that the Judge who tried case be the same judicial officer
to decide it. It sufficient if he be apprised of the evidence already presented by a
reading of the transcript of the testimonies already introduced, in the same
manner as appellate courts review evidence on appeal.
Section 2.Contents of the judgment
Judgment, must be in writing in the official language personally and directly
prepared and signed by the judge with a concise statement the fact and the law
on which it is, based.
The proper remedy where the judgment was not put in wilting: file a petition
for mandamus compel the judge to put in writing the decision of the court.
If the judgment is one of CONVICTION, judgment must state:
1. Legal ratification of the offense constituted by the admission of the accused
and the aggravating and mitigating circumstances attending its commission
2. Participation of me accused whether as principal, accomplice or accessory
3. Penalty imposed upon the accused
4. Civil liability or damages caused by the wrongful act, unless separate civil
action has been reserved or waived
If the judgment is one of ACQUITTAL, it must make a finding on the civil
liability of the accused, unless there is clear showing that the act from which the
civil, liability might arise did not exist.
Reasonable doubt - state of the case which, after full consideration of all
evidence, leaves the mind of the judge in such a condition that he cannot say that
he feels, an abiding conviction, to a moral certainty, of the truth of the charge.
Acquittal— a finding of not guilty based on the merits, that is, the accused is
acquitted because the evidence does, not show that his guilt is beyond
reasonable doubt or a dismissal of the case after the prosecution has rested its
case upon motion of the accused on the ground that the evidence fails to show
beyond reasonable doubt that the accused is guilty.
An acquittal of an accused based on reasonable doubt does not bar the offended
party from filing a separate civil action based on quasi-delict unless the judgment
includes a declaration that the facts from which the civil liability might arise did not
exist.
Section 3. Judgment for two or more offenses
 When two or more offenses charged in the complaint or information, and
the accused fails to object to it before trial; the court may convict the accused of
as many offenses as charged and proved.
Section 5. When an offense includes or included in another.
General rule: If what is proved by the prosecution evidence is an offense which
is included in the offense charged in the information, the accused may validly be
convicted of the offense proved.
Exception:
Where facts supervened after the filing of information which change the
nature of the offense. An offense charged necessarily includes another when
some essential elements or ingredients of the offense charged constitute the
offense proved, or when the essential elements or ingredients of the offense
charged constitute or form part of those constituting the offense proved then one
offense is included in the other.
Section. 6 Promulgation of judgment.
Promulgation of judgment - official proclamation announcement of judgment. It
consists of reading the judgment or sentence in the presence of the accused and
any judge of the court rendering the judgment.
RULES ON THE VALIDITY OF PROMULGATION OF JUDGMENT
1. The judgment must have been rendered and promulgated during the
incumbency of the judge who signed it;
2 The presence of counsel during the promulgation of judgment is not
necessary.
Effect of Promulgation of Judgment in Absentia — he shall, lose all remedies
available in these Rules against the judgment and the court shall order his arrest.
Section 7.Modiflcation of judgment.
Upon motion of the accused; a judgment of conviction may be modified or set
aside by the court before it has become final or before an appeal has been
perfected.
A judgment becomes final:
(a) when the period for perfecting appeal an appeal has lapsed;
(b) when the sentence is partially or totally satisfied or served;
(c) when the accused expressly waives in wilting his right to appeal and
(d) when the accused applies for probation.
A judgment of acquittal becomes final immediately after promulgation and
cannot be recalled for correction or amendment.
The prosecutor cannot ask for the modification or setting aside of a
judgment of conviction because the rules clearly provide that a judgment of
conviction may be modified or set aside by the court rendering upon motion of the
accused.
The trial court can validly amend the civil portion of its decision within 15
days from promulgation thereof even thought the appeal had in the meantime
already been perfected by the accused from judgment of conviction
Section 8. Entry of judgment.
The final judgment of the court is carried into effect by a process called
“mittimus”.
Miitimus — the process in writing issuing from the court or magistrate, directed to
the sherrif or other commanding him to convey to prison the persons named
therein, and to the jailer, commanding him to receive and safely keep such person
until he shall be delivered by due course of law.
RULE 121
NEW TRIAL OR RECONSIDERATION
Section 1. New trial or reconsideration.
New trial - the rehearing of a case already decided but before the judgment of
conviction therein rendered has become final, whereby errors of law or
irregularities are expunged from the record, or new evidence is introduced, or
both steps are taken
A motion for new, trial or reconsideration should be filed with the trial court
within 15 days from the promulgation of the judgment and interrupts the period for
perfecting an appeal from the time of its tiling until notice of the order overruling
the motion shall have been served upon the accused or his counsel.
When may a new trial be granted:
1. on motion of the accused
2. on motion of the court but with the consent of the accused
Cases when the trial court lose jurisdiction over its sentence even before
the lapse of 15 days:
1. When the defendant voluntarily submits to the execution of the sentence
2. When the defendant perfects his appeal. The moment the appeal is perfected the court a quo
loses jurisdiction over it, except for the purpose of correcting clerical errors.

New Trial Reopening of

the case
a. final after a. made by the
judgment is court before the
rendered but judgment is
before the finality rendered in the
thereof exercise of sound
discretion
 b. at the instance b. does not
or with the consent require the
of the accused consent of the
accused; may be
at the instance of
either party who
cant thereafter
present additional
evidence
Section 2. Grounds for new trial
Grounds for a new trial in criminal cases:
1. errors of law or irregularities committed during the trial prejudicial to the
substantial rights of the accused
2 new and material evidence discovered:
“During the trial”. - refers to every stage of the trial from arraignment to
judgment
Requisites before a new trial may be granted on the ground of newly
discovered evidence:
1. that the evidence was discovered after trial
2. that such evidence, could not have been discovered and. produced at the trial
even with the exercise of reasonable diligence
3. that it is material not merely cumulative, corroborative or impeaching
4. the evidence is of such a weight that it would probably change the judgment if
admitted
Section 3. Grounds for reconsideration.
Grounds of motion for reconsideration
1.errors of law
2. errors of fact in the judgment, which require no further proceedings.
Section 4. Form of motion and notice to the prosecutor.
Requisites’ for a motion for trial or reconsideration:
 The motion for a new trial or reconsideration shall be:
1. In writing
2. filed with the court
3. State grounds on which it is based
4. If the motion for new trial is based on a newly discovered evidence, it must be
supported by the affidavits of the witness by whom such evidence is expected to
be given or duly authenticated copies of documents which, it is proposed to
introduce in evidence.
5. Notice of the motion for new trial or reconsideration shall be given to the fiscal
Section 5. Hearing on motion.
Where a motion for a new trial calls for the decision of any question of fact the
court may hear evidence of such motion by affidavits or otherwise
Section 6. Effects of granting a new trial or reconsideration.
Effects of granting a new trial or reconsideration:
1. when a new trial is granted on the ground of errors of law or irregularities
committed during the trial, all proceedings and evidence not affected by the
commission of such error and irregularities should be stand, but those affected
thereby shall be set aside and taken a new. The court may, in the interest of
justice, allow the introduction of additional evidence
2. when a new trial is granted on the ground of newly discovered evidence, the
evidence already taken shall stand, and the newly, discovered and such other
evidence as the court may, in the interest of justice, allow to be1i shall be taken
and considered together with the evidence already in the record
3. In all cases, when the court grants new trial or reconsideration the original
judgment shall be set aside and a new judgment rendered accordingly.
The effect of the granting of a new trial is not to acquit the accused of the crime
of which the judgment him guilty, but precisely to set aside said Judgment so that
the case may be tried do novo as if no trial had been before, for the purpose of
rendering a judgment in accordance with the law, taking into consideration the
evidence to be presented during the second trial.
An order granting a new trial is interlocutory and controllable by certiorari or
prohibition at the instance of the prosecution, as the new trial might result in a
judgment of acquittal from which the prosecution can no longer appeal.
RULE 122
APPEAL
Section 1. Who may appeal.
Appeal - a proceeding for review by which the whole case is transferred to the
higher court for final determination
Appeal is not an inherent right of convicted person. The right of appeal is
and always has been statutory.
Only final judgments and orders are appealable
Effect of an appeal:
An appeal in a criminal case opens the Whole case for review and this includes
the review of the penalty indemnity, and the damages involved. Consequently, on
appeal, the appellate court may increase the penalty, indemnity, or the damages
awarded by the trial court, although the offended party had not appealed from
said award, and the party who sought a review of the decision was the accused
Section 2. Where to appeal.
Any party may appeal from a final judgment or order except if the accused would
be placed thereby in double jeopardy.
The Supreme court has established the invariable ruling that the prosecution
cannot appeal from a judgment wherein the accused is acquitted for the reason
that he is exposed for the second time to the danger of being punished for the
same offense. Nor does certiorari lie to store a criminal case, which has been
determinated by the acquittal of the accused;
An appeal by the prosecution from the order of dismissal (of the criminal case) by
the trial court shall not constitute double jeopardy if:
The dismissal is made upon motion, or with the express consent of the defendant,
and the dismissal is not an acquittal or based upon consideration of the evidence
or merits of the case and the question to be passed upon, the appellate court is
purely legal so that should the dismissal be found, Incorrect, the case would have
to be remanded to the court of origin for further proceedings, to determine the
guilt or innocence of the defendant.
Final Judgment Final Order
a. judgment which disposes of the
would become whole subject
final if no appeal matter or
is taken terminates a
particular issue
leaving, nothing to
be. done but to
enforce by
Every criminal execution what case involves two
actions, one has been criminal and another
civil. From a determined judgment convicting
the accused, two appeals may
accordingly be taken. The accused may seek a review of said judgment, as
regards both actions. Similarly, the complainant may appeal with respect only to
the civil action, either cause the lower court has refused or failed to award
damages, or because the award made is, unsatisfactory to him. The right of either
to appeal or not to appeal, in the event of conviction of the accused, is not
dependent upon the other.
A private prosecutor in a criminal case has no authority to act for the People of the
Philippines before a court on appeal. It is the government’s counsel, the Solicitor
General, who appears criminal cases or their incidents before the Suprerne
Court.. At the very least, the Provincial Fiscal himself, with the conformity of the
Solicitor general.
Right to Appeal the Civil Award
The civil award in a criminal case may be appealed by the private prosecutor on
behalf of the offended party or his successors. The adequacy the award may be
challenge on the ground that is not commensurate the gravity of the injuries
sustained as a result of the offense by the accused.
The accused may not, on appeal by the adverse party, be convicted of a
more serious offense or sentenced to a higher penalty to justify the increase in the
civil indemnity.
Section 3. How appeal taken.
How appeal is taken:
1. Appeal to the Regional Trial Court: by filing a notice of appeal with the court
which rendered the judgment or order appealed from and serving a copy to the
adverse party
2. Appeal to the Court of Appeals from decision of the Regional Trial
Court in the exercise of its original jurisdiction: by filing a notice of appeal
with the court which rendered the Judgment or order appealed from and serving a
copy to the adverse party
3. Appeal to the Court of Appeals in cases decided by Regional Trial
Court in the exercise of its appellate jurisdiction: by petition for review
4. Appeal to the Supreme court in cases where penalty imposed is life
imprisonment or where a lesser penalty is imposed but involving offenses
committed on the same occasion or arising out of the same occurrence
that gave rise to the more serious offense for which the penalty of
death ,or life Imprisonment is imposed: by filing a notice of appeal with the
court which rendered the judgment or order appealed from and serving a copy to
the adverse party
5. Death penalty: automatic review by the Supreme Court
6. Other appeals to the Supreme Court: by petition for review on certiorari
Error of Error of
judgment Jurisdiction
the court may renders an order
commit in the of judgment void
exercise of or voidable
Jurisdiction
reviewable by reviewable by
appeal certiorari
Section 4. Publication of notice of appeal.
If copy of the notice of appeal cannot be served on the adverse party or his
counsel, it may be done by publication. Service by publication is made in a
newspaper of general circulation in the vicinity once a week for a period not
exceeding 30 days.
The fact that no copy of the notice of appeal in a criminal case is served upon the
adverse party is not fatal to the perfection of the appeal as long as the nootice of
appeal had been filed on time. ‘ I

Section 5. Notice waived.

The appelle may wave his right to a notice that an appeal has been taken. The
appellate court may, in its discretion, entertain an appeal notwithstanding failure to
give such notice if the interests of Justice so require
Section 6 Where appeal to be taken
An appeal must be filed within 15 days counted from the promulgation or
notice of, the Judgment or order appealed from
The period for appeal is interrupted from the time the motion for new trial is
filed up to the receipt by the accused of the notice of the order “overruling the
motion”
Section 10. Transmission of records in case of death penalty.
In case of death penalty, the records shall be forwarded to the Supreme
Court for automatic review and judgment, within 20 days but not earlier than 15
days after the promulgation of the judgment or notice of denial of any motion for
new trial or reconsideration. The transcript shall also be forwarded within 10 days
after the filing thereof by the stenographic reporter
The 20 days within which the records of a case involving a death sentence
should be forwarded to the Supreme Court is not rigid or absolute, much less
Jurisdictional it is intended for a case wherein the accused sentenced to death
says nothing and does nothing within the period of 15 days within which case
remains within the jurisdiction on the trial court.
Section 12. Withdrawal of appeal.
An appellant may withdraw his appeal before the record has, been
forwarded by ‘the clerk of court to the proper appellate court as provided by
Section 8, in which case, the judgment shall become final.
‘The court may also, in its discretion, allow the appellant to withdraw his
appeal, provided a motion to that effect is filed before the rendition of the
Judgment in the case on appeal; in which case, the judgment of the court of origin
shall become final and the case shall be remanded to the latter court for execution
of the judgment,
Withdrawal is not allowed in case of automatic review by the Supreme Court
Section 13. Appointment of counsel do oficio for accused on appeal.
 Duties of the clerk of the trial court to the appellant who is confined in prison
upon the presentation of notice of appeal:
1. he shall ascertain from the appellant, whether he desires the Court of
Appeals or the Supreme Court to appoint an attorney to defend him de oficto
2. he shall transmit with the record, upon a form to be prepared by the clerk of
the appellate court, a certificate of compliance with this duty of the response of
the appellant to his inquiry
RULE 123
PROCEDURE IN THE MUNICIPAL TRIAL COURTS
Section 1. Uniform Procedure.
Procedure to be observed in Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Circuit Trial Courts
They shall all observe the same procedure as in the Regional Trial Court
except:
1. where a particular provision expressly or impliedly applies only to the
Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial
Court or Regional Trial Courts
2. In criminal cases governed by the Rules on Summary Procedure in
Special Cases adopted on August 1, 1983 and revised on November 15,
1991.
RULE 124
PROCEDURE IN THE COURTOF APPEALS
Section 2. Appointment of counsel do oficio for the accused.
Requisites before an accused can be given a ‘ counsel de oficlo on appeal:
1. that he is confined in prison
2. without counsel de parte on appeal
3. signed the notice of appeal himself
Exceptions to the requisites
 An accused-appellant not confined to prison can have a counsel de
oficio if requested by him in the appellate court within 10 days from
receipt of the notice to file brief and the right thereto is established by
affidavit
Section 3. When brief for the appellant to be filed.
Brief - literally means a short or condensed statement. The purpose of the
brief is to present to the court in concise form the points and questions in.
controversy, and by fair argument on the facts and law of the case, to assist
the court in arriving at a just and proper conclusion.
Section 7. Contents of briefs.
 Unlike the procedure in civil cases It has been held that It is not essential
for the accused to make assignment of errors in his brief, as on appeal, the
whole record of the case Is submitted to and reviewable by the appellate court.
Issues which were never raised in the proceedings before the trial court
cannot be considered and passed upon on appeal
Section 8. Dismissal of appeal for abandonment or failure to
prosecute.
Grounds for dismissal of appeals
1. ailure on the part of the appellant to file brief within the reglementary period,
except when he is represented by a counsel de oficio;
2. Escape of the appellant from prison or confinement;
3. When the appellant jumps bail; and
4. Fight of the appellant to a foreign country during the pendency of the appeal
Dismissal of Appeal; Need of Notice to Appellant
The Court of Appeals may dismiss motu propio or on motion by appellee an
appeal for failure on the part of the appellant to file his brief on time, but it must
have, a notice served upon the appellant of the action to be taken by said court
before dismissing motu propio the appeal.
Effect of Escape of Accused; Abandonment of Appeals
If the convict escapes from prison or confinement or refuses to surrender to
the proper authorities, jumps bail or flees to a foreign country he is deemed to
have abandoned his appeal and the judgment of the court below becomes
final.
In that case, the accused cannot be afforded the right to appeal unless he
voluntarily submits to, the jurisdiction of the court or is otherwise arrested
within 15 from notice of the judgment against him. While at large he cannot
seek relief from the court as he is deemed have waived the same and he has
not standing therein.

Section 9. Prompt disposition of cases.

It is discretionary for the appellate court whether to order a hearing of the
case before it or decide the appeal solely on the evidence submitted to the trial
court.
If the Court of Appeals chooses not to hear the case, the Justices
composing the division may just deliberate on the case, evaluate the recorded
evidence on hand and then decide it.
Section 10. Judgment not to’ be’ reversed or modified except for
substantial error.
 The reversal of judgments entered in the court below is prohibited, except
for prejudicial error — that which tends to prejudice a substantial right of a
party to the proceedings.
Section 12. Power to receive evidence.
Other powers of the Court of Appeals
Aside from these powers, the rule empowers the Court of Appeals:
1. to try cases and conduct hearings
2. receive evidence
3. perform apy and all acts necessary to resolve factual issues raised in cases
a.) faIlin its original jurisdiction
b.) involving claim for damages arising from provisional remedies
c.) wherein new trial is granted on the ground of newly discovered evidence
Section 13. Quorum of the court.
If the Court of Appeals imposes a penalty of reclusion perpetua or higher, it
shall render judgment imposing the penalty of reclusion perpetua or higher as
the circumstances warrant but shall refrain from entering Judgment and
Instead certify the case and elevate the entire record to the Supreme Court for
review.
Purpose of the preceding rule
This will obviate unnecessary, pointless and time-wasting shuttling of
criminal cases between the Supreme Court and the Court of Appeals for by
then, the Supreme Court will acquire jurisdiction over the case from the very
inception and can, without bothering the Court of Appeals which has fully
completed the exercise of its Jurisdiction, do justice in the case
Section 14. Motion for new trial.
Motion for new trial based on Newly Discovered Evidence may be filed at
any time after the appeal from the lower court has been perfected and before
the judgment of the appellate court convicting the accused becomes final.
Section 16. Rehearing or reconsideration.
A re-hearing Is not a matter of right but a privilege to be granted or not,
according as the court sees fits, the matter being solely within its discretion.
New questions cannot be presented for the first time on a motion for
rehearing, especially where they are inconsistent with positions taken on the
original hearing, or waived on the original submission of the case.
A second motion for rehearing or reconsideration of a final judgment or
order is not allowed because if parties are allowed to file as many motions for
rehearing or reconsideration as their discretion or caprice suits, the
proceedings would become undeterminable and unnecessarily voluminous
 The mittimus shall be stayed during the pendency of the motion for
rehearing or reconsideration.
MITTIMUS - A process issued by the court after conviction to carry out the
final Judgment, such as commanding a prison Warden to hold the accused in
accordance with the terms of the Judgment.
It is the final process of carrying into effect the decision of the appellate
court and the transmittal thereof to the court of Origin is predicated upon the
finality of the judgment.
A motion for reconsideration pf Its Judgment or final resolution shall be
resolved by the Court of Appeals within 90 days, from the time it is submitted
for resolution, and no 2 motion for reconsideration for the same party shall be
entertained.
Sec. 18. Application or certain rules in civil to criminal cases.
The corresponding amendment was made pursuant to the changes
Introduced under the 1997 Rules of Procedure
Rule 47 (Annulment of Judgments of Final Judgment and Resolutions)
DOES NOT APPLY
TO CRIMINAL CASES: The appropriate remedy for lack of Jurisdiction or
extrinsic fraud is CERTIORARI (Rule 65) or HABEA CORPUS (Rule 102).
RULE 125..
PROCEDURE IN’ THE SUPREME COURT
Section 1. Uniform Procedure
A case may reach the Supreme Court in the following manner:
1. automatic review . .
2. ordinary appeal
3. petitioner for review on certiorari
Effect of direct appeal to the Supreme Court on question of law in
criminal cases
A direct appeal to the Supreme Court on question of law — in criminal
cases in which the penalty imposed is not death or life imprisonment —
precludes a review of the facts.
Cases involving both questions of law and fact come within the jurisdiction
of’ the Court of Appeals. .
APPEALS Tb THE SUPREME COURT NOT A MATTER OF RIGHT; but a
matter of sound judicial discretion on the part of the Supreme Court. The
prescribed mode of appeal is by certiorari. The findings of fact of the appellate
court are conclusive on the Supreme Court.
 When certain material facts and circumstances had been overlooked which
if taken into account, would after the result in that they would introduce an
element of reasonable doubt which would entitle the accused to acquittal.
Section 2. Review of decisions of the Court of Appeals. .
Exceptions to the rule that finds of fact of the Court of Appeals is
conclusive upon the Supreme Court:
1. when the conclusion is a finding grounded entirely on speculation, surmises
or conjectures
2. when the inference made is manifestly absurd, mistaken or impossible
3. when there is grave abuse of discretion in the appreciation of facts
4. when the Judgment is premised on a misapprehension of facts
5. when the findings of fact are conflicting
6. when the Court of Appeals in making its findings went beyond the issues of
the case and the same is contrary, to the admissions of both appellant and
appellee
7. when certain material facts and circumstances had been overlooked which,
if taken into account would after the result as it would give rise to reasonable
doubt to acquit the accused.
Question of law - when the doubt or difference arises as to what the law is on
a certain state of facts. It must not involve an examination of the probative
value of the evidence presented by the litigants or any of them.
Question of fact - when the doubt or difference arises as to the truth or the
falsehood of alleged facts
Section 3. Decision if opinion is equally divided.
A criminal case shall be, reheard by the Supreme Court when the Court en
banc is equally’ divided in opinion, or the necessary majority cannot be had, if
no decision is reached the conviction of the lower court’ shall be reversed and
the accused acquitted.
According to the Constitution, only the Supreme Court en banc may modify or
reverse a doctrine or principle of law ruling laid down by the Court in a decision
rendered en banc or in division.
RULE 126
SEARCH AND SEIZURE
Section 1. Search warrant defined.
Elements of search warrant:
1. order in writing
2. signed by the judge in the name of the People of the Philippines
3. commanding a peace officer to search personal property
4. bring the property before the court
NATURE OF SEARCH WARRANTS
Search warrants are in th nature of criminal process and may be invoked only
in furtherance of public prosecutions. Search warrants have no relation to civil
process or trials and are not available to individuals in the course of civil
proceedings, nor for the maintenance of any mere private right.
SEARCH vs. SEIZURE
The term search as applied to- searches and seizures is an examination of
a man’s house or other buildings or premises or of his person with a view to
the discovery of contraband or illicit or stolen property or some evidence of
guilt to be used in the prosecution of a criminal action for some offense with
which he is charged
A Seizure Is the physical taking of a thing into custody
GENERAL WARRANT
 A process Which authorizes the search and - seizure of- things, in a general manner,’
without specifying or describing them with particularity, like the equipment,
paraphernalia, communications, records publications, documents, instruments, ,items,
supplies, end other evidence in connection with the violation of an offense.

Warrant of Arrest Search Warrant

1.order directed to the 1. the name of the RP
peace officer to execute signed by the judge and
the warrant by taking the directed to the peace officer
person stated therein into to search personal property
custody that he may be described therein and to
bound to answer for the bring it to court (sec. 1)
commission of the
offense.
2. does not become state 2. validity is for 10 days only
(sec. 9)
3.may be served on any 3. to be served only in
day and at any time of daytime unless the affidavit
day or night, (sec.6, rule alleges that the property on
113). the person or in the place to
be searched. (sec. 8)
4. upon probable cause to be determined personally by
the judge after examination in wilting and. under oath in
the form of searching answers and questions.
5. only issued if there is a 5. sworn statements and
necessity of placing affidavits of complainant and
accused under immediate witnesses must be submitted
custody to court.
Test to determine Particularity
1. When the description therein as specific as• the circumstances will
ordinarily allow
2. When the description express a conclusion of fact- not, of law which the
warrant officer may be guided in making the search and seizure.
3. When the things described are limited to those which bear direct relation to
the offense for which the warrant is being issued.
Sec. 2. Court where application for search, warrant haII be filed. —
Rules fort Application of Search Warrant
a. Under the foregoing amendment, a Search ‘warrant may not be applied for
and issued by any judge but only by the judge within whose territorial
jurisdiction a’ crime was committed or
b. Where the place of commission of the crime is not known, the application
may be filed before any court which has territorial jurisdiction over the place
where the search warrant shall be enforced. In either case, there is a nexus
between the Court issuing the search warrant and the place to be searched;
c. But even where the place of commission of the crime is known the
application may nevertheless be filed, for compelling reason which shall be
shown, before any court within the judicial region, where the crime was
‘committed,
d. Where, however a criminal action has already been filed the search
warrant shall only be applied for in the court where such action is pending.
This is in conformity that where the court acquires jurisdiction, over a
particular case, it does so to the exclusion of all other courts including the
issuance of ancillary writs and processes;
e. As to the range of enforceability, the search warrant may be enforced
anywhere in Philippines, for as long as it the place described in the search
warrant. Thus, in Section 3 (now Section 4) of Rule 126 was amended by
providing that the search warrant specifying the particular place to be
searched, the place may be anywhere in the Philippines.
The amendment modifies the Malalaon guidelines which allows any
judge to issue. search warrant prior to the filing of a criminal action even if
one had already been filed, any judge for compelling reasons may still issue
a search warrant.
Section 3. Requisite for issuing search warrant.
Kinds of property to be seized:
1. subject of the offense
2 proceeds or fruits of the offense
3. the means used or intended to be used committing an offense
Requisites for the issuance of a valid search warrant:
1. probable cause
2. which must be determined personally by the judge himself after oath and
affirmation and not by the applicant or any other person
3. the judge must, before issuing the warrant, personally examine in the form
of searching questions and answers, in writing and under oath, the
complaint and any witness he may produce, on facts personally known to
them
4. the probable cause must be In connection with one specific offense ,
5. the warrant issued must particularly describe the place to be searched and
the persons or things to be seized .
6. the sworn together with the affidavits submitted by witnesses must be
attached to the record.
PROBABLE CAUSE - facts and circumstances which could lead a
reasonable, discreet and prudent man to believe that the property subject of
an offense are in .the place sought to be searched.
The requirement of probable cause to. be deten by ‘a judge, does not extend
to deportation proceedings . . .
Reason for requiring that no search warrant shall issue for more than one
specific offense:
 if place the sanctity of the domicile and the privacy of communication
and correspondence at the mercy of the whims, caprice passion of
peace officers.
Reason of requiring that a search Warrant must particularly
describe the place to be searched and the persons or things to be
seized:
 to limit the, things to be seized to those, and, only those, particular
described in the search warrant — to leave the officers of the law no
discretion regarding what articles they shall seize, to the end that
“unreasonable searches and seizure” may not be made, that abuses’
may ,not be committed. Therefore, no other property than those
described in the search warrant maybe taken thereunder.
Section 6. Issuance and form or search warrant.
An application for a search warrant is heard ex parte. It is neither a
trial nor a part of the trial. The examination or investigation, which must be
under oath n not be’ in public. It may be even held in the secrecy of the
chambers. It must be under oath and must be in writing.
Manner on how a judge should examine ‘a witness to determine the
existence of probable cause:
1. the judge must examine the witnesses personally.
2. the examination must be under oath
3. the examination must be reduced to writing in the form’ of searching
questions and answers.
The true test of sufficiency of a deposition or affidavit to Warrant issuance of
a search warrant ‘Is whether It has been drawn in a manner ‘that perjury
could be char9ed thereon and the affiant be held liable for damage caused.
Mere affidavits of the complainant and his witnesses are not sufficient for
the issuance of a search warrant. The examining judge has to take
depositions in writing of the complainant and the witnesses he may produce
and to attach them to the record. Such written deposition is necessary in.
order the judge may be able to properly determine, the existence or non
existence of the probable cause, to hold liable for perjury the persons giving
it If It will be found later that his declarations are false.
When may a search warrant be said to particularly describe the
thing to be seized:
1. the description therein is as specific’ as the circumstances will allow;
2. when it expresses a conclusion of fact by which the warrant may be
guided; or
3. when the things described are limited to those which bear a direct
relation to the offense for which the warrant is issued.
Section 9. Time of making search.
The warrant must direct that it be served in the day time, unless the
affidavit asserts that the property is on the person or In the place ordered to
be searched, in which case a direction may be inserted that it be served at
any time of the day or flight.
Section 10. Validity of search warrant.
A search warrant cannot be used everyday for ten days and for a different
purpose each day.
After the articles for which the warrant was used have been seized the
same, warrant cannot be used as authority to make another search
Section 13 Search incident to lawful arrest.
.A person lawfully attested may be searched for dangerous weapons or
anything, which may be used as proof of the commission of an offense, a
search warrant.
Cases, where warrantless searches and seizure
1. search of moving vehicles
2. consented search without a warrant,’
3. seizure of evidence in plain view
4. enforcement of customs law, except in dwell
5. search based on .probable cause under extraordinary circumstances
o stop and frisk:
o exigent and emergency circumstances
The remedy for questioning, the validity of a search warrant can only be
sought in the court that issued it, not in the sala of another Judge of
concurrent jurisdiction
Waiver of legality and admissibility
Objection to the legality .of the search warrant as to the admissibility of the
evidence obtained or deemed waived where no objection of the search
warrant was raised during the trial of the case nor’ to the admissibility of the
evidence obtained through said warrant.
Total Exclusionary Rule
Excludes as Inadmissible i evidence those that’ were illegally seized
in violation of the provisions .of the Constitution applies a restraint directed
only against the government and its agencies tasked with the enforcement
of the law it could only be invoked against state to who the restraint against
the arbitrary and unreasonable exercise of power is imposed
Section 14. A motion to quash a search warrant or to suppress evidence;
where to file
GENERAL RULE- A motion to quash a search warrant or to suppress
evidence may only be filed and acted upon only by the court where the
action is pending.
EXCEPTION: If no criminal action has been filed, the motion may be filed
in and resolved by the court that issued the search warrant.
EXCEPTION to the EXCEPTION, the If the criminal case is
subsequently filed in another court and the motion to, quash is still not
resolved by, the issuing court the motion shall not be resolved by the former
court unless compelling reasons warrant its resolution by the, latter court.
Filing of motion to quash is wit prejudice to any proper recourse to the
appropriate higher court by the party aggrieved. All grounds and objections
then available existent or known, shall’ be raised in the original or
subsequent proceedings for the quashal of the warrant, otherwise they shall
be deemed waived..
ln view of the foregoing amendment, it seems that the OMNIBUS
MOTION RULE, is ‘no longer applicable because the motion to quash or
motion to suppress evidence is now filed in one court.
 1. Those to which parties litigant may resort for the preservation or
protection of their rights or interests and for no other purposes during the
pendency of the action
2. They are applied a pending litigation for the purposes’ of securing the
judgment or preserving the status quo, and in some cases after judgment,
for the purpose of preserving or disposing of the subject matter.
Rule 127
PROVISIONAL REMEDIES IN CRIMINAL CASES
Section 1. Availability of provisional remedies
Nature of Provisional Remedies
1. Those to which parties litigant may resort for the preservation or
protection of their rights or interests and for no other purposes during the
pendency of the action.
2. They are applied a pending litigation for the purposes of securing the
judgment or preserving the status quo, and in some cases after judgment,
for the purpose of preserving or disposing of the subject matter.
The requisites, and procedure for availing of these provisional
remedies shall be the same as those for civil cases.
The provisional remedies under this rule are proper only where the
civil action for the recovery of civil liability ex delicto has not been expressly
wave or the right to institute such civil action separately is not reserved in
those cases where reservation may be made.
Kinds of provisional remedies
1. attachment
2. injunction
3. receivers
4. delivery of personal property
5. support pendente lite
Section 2. Attachment.
It was held by the Supreme Court that the public prosecutor has the
authority to apply for preliminary attachment as may be necessary to protect
the interest of the offended party, particularly considering that the
corresponding civil liability of the culprits is to be determined therein, no
reservation having been made of the right to enforce it in a separate civil
action.
Attachment may be availed of when the civil action arising from the crime
has not been expressly waived or not reserved and only in the following
cases:
a) when the accused is about to abscond from the Philippines;
b) when the criminal action is based on a claim for money or property
embezzled or fraudulently misapplied or converted to the use of the
accused who is a public officer or a corporate officer or an attorney, broker,
or agent or clerk in the course of employment or by a person in a fiduciary
capacity.
c) when the accused has concealed, removed or about to dispose of his
property
d) when the accused resides abroad.