Professional Documents
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Prosecutor's Manual 2017 Vol. 1
Prosecutor's Manual 2017 Vol. 1
FOR PROSECUTORS
2017 EDITION
VOLUME 1
TABLE OF CONTENTS
Volume I
FOREWORD xi
ACKNOWLEDGEMENT xii
DEPARTMENT ORDER xv
i
3.2.8 Release of Detained Person for Further
Investigation 10
4.5. Coverage 27
4.7. Procedure 28
4.7.1 Commencement of the Preliminary Investigation 28
4.7.2 Contents of the Complaint 29
4.7.3 Number of Copies of Affidavits; Other Requirements 29
4.7.4 Initial Action by the Investigating Prosecutor
on the Complaint Filed 30
4.7.5 Service of Subpoena to the Parties 32
4.7.5.1 To Prevent Loss of Documents 33
4.7.5.2 Service to a Respondent Residing in a
Distant Place 34
4.7.5.3 Where Respondent Cannot Be Subpoenaed
or if Subpoenaed Does Not Submit
Counter-Affidavit 34
4.7.5.4 Objects as Evidence 34
4.7.6 Submission of the Counter-Affidavit/s
by the Respondent/s 35
iii
4.7.6.1 Extension of Time Within Which to
Submit Respondent’s Counter-Affidavit 35
4.7.6.2 Filing of a Motion To Dismiss in Lieu
of a Counter-Affidavit 35
4.7.7 Suspension of Proceedings Due to the Existence of a
Prejudicial Question 37
4.7.7.1 Concept 37
4.7.7.2 Elements of a Prejudicial Question 38
4.7.7.3 Issuance of an Order Suspending the
Proceeding Due to the Existence of a
Prejudicial Question; Written Approval
of the Head of Office Required 38
4.7.8 When to Set Case for Clarificatory Questioning 38
4.7.8.1 No Right to Examine or Cross-Examine 39
4.7.8.2 Record/Notes During the Clarificatory
Hearing 39
4.7.8.3 Right to Counsel 39
4.7.9 When to Allow the Filing of Reply-Affidavits,
Rejoinders and Memoranda 39
4.7.10 When Complaints May be Consolidated 40
4.7.11 Submission of the Case For Resolution 40
4.7.12 Preparation of the Resolution 41
4.7.13 Form of the Resolution and
Number of Copies 42
4.7.14 Period to Conduct the Preliminary Investigation 45
4.7.15 Transmittal of the Recommendatory
Resolution and Information Together with the
Complete Record of the Case 46
4.7.16 Preparation of the Information 46
4.7.17 Form of the Information 46
4.7.18 Sufficiency of the Information 47
4.7.19 Documents to be Attached to the Information 50
4.7.20 Confidentiality of Resolutions 50
4.7.21 Action of the Prosecutor General or
Provincial/City Prosecutor on the
Recommendatory Resolution 51
4.7.22 Re-Opening of the Preliminary Investigation 51
iv
4.7.23Promulgation of the Resolution; Modes of Service 52
4.7.24Rules in Filing of Information in Court 52
4.7.25On a Motion for Reconsideration 53
4.7.26Action on a Reinvestigation 53
4.7.26.1 Instances When a Reinvestigation
May Be Conducted 54
4.8. Relevant Jurisprudence 55
Chapter V ARREST 59
5.1. Remedy of the Prosecutor When No
Warrant of Arrest Was Issued by the Judge 59
5.2. Request for a Copy of the Return 59
5.3. Relevant Jurisprudence 59
Chapter VI BAIL 61
6.1. Concept 61
6.1.1 Purpose of Bail 61
6.1.2 Nature of the Right to Bail 61
6.1.3 Basis of Bail 61
6.1.4 Bail, a Matter of Right 61
6.1.5 Bail, When Discretionary 61
6.1.6 When Bail is not Required 62
6.2. Duties of a Prosecutor 65
6.3. Right to Notice 65
6.4. Right to Bail in Inquest Cases 65
6.5. Posting of Bail by the Arrested/Detained Person 66
6.6. Criteria in Recommending the Amount of Bail 66
6.7. Rules in Computing the Bail To Be Recommended 67
6.8. Hearing on Petition for Bail is Required in
Non-Bailable Offenses 69
6.8.1 Exception 69
6.9. Right of the Prosecution to Present All
Evidence During the Bail Hearing 69
6.10. Effect of a Denial of the Opportunity to Present
Evidence for Purposes of the Petition for Bail 69
v
6.11. Petition for Bail in Continuous Trial 69
6.12. Cancellation of the Bail Bond 70
6.13. Other Matters 71
6.13.1 Release on Recognizance; Guidelines 70
6.13.2 Requirements for the Grant of Recognizance
Under Republic Act No. 6036 71
6.14. Relevant Jurisprudence 71
vii
11.4. How to File 105
11.5. Form and Contents 105
11.6. Requirements 106
11.7. Effect of Failure to Comply with the
Procedures and Requirements 107
11.8. When an Information Has Been Filed in Court 107
11.9. Appellee’s Comment 108
11.10. Effect of Filing an Appeal 108
11.11. Disposition on the Appeal 108
11.12. Outright Dismissal 109
11.13. Withdrawal of the Petition for Review/Appeal 109
11.14. Motion for Reconsideration 109
11.15. Reinvestigation 109
11.15.1 Motion for Reinvestigation Pending Appeal 110
11.15.1.1.When an Information Has Been
Filed in Court 110
11.15.1.2 When an Information Has Not Yet
Been Filed in Court 110
11.16. Relevant Jurisprudence 110
APPENDICES
viii
Appendix B DOJ Circular No. 39 s. 2007 entitled, “Rules
on Inquest With Respect to Children in
Conflict with the Law as defined Under
Republic Act No. 9344, otherwise known as
the “Juvenile Justice and Welfare Act of
8
2006”
ix
Appendix H Rules and Regulations on the Reporting and
Investigation of Child Abuse Cases issued
pursuant to Section 32 of R. A. No. 7610,
64
otherwise known as “The Child Abuse Act”
x
FOREWORD
The National Prosecution Service (NPS) sits at the forefront of our country's criminal
justice system. Aside from its duty to investigate and prosecute cases involving
violation of penal laws, it is also mandated to ensure that the delivery of criminal
justice is effective, efficient and equitable. Thus, given these formidable tasks, our
prosecutors deserve to be provided with prudent guidance, support and necessary
work tools in order for them to fulfill their mandates. Moreover, it is equally
important that our prosecution offices observe uniform procedures as the
administration of justice impacts on the rights of people to equal protection of our
laws. And this Manual for Prosecutors is intended to benefit both — our prosecutors,
and the Filipino people.
After the 2008 Prosecutors' Manual was printed, a lot has changed in the arena of
criminal law and procedure - various special penal laws were enacted, new and
special procedures were issued, and various important jurisprudences had emerged.
It is fervently hoped that all these developments had been addressed in this 2017
Edition of the Manual, which now consists of three (3) separate volumes that are
meant to be a handy reference tool for our prosecutors. Volume I of this Manual
contains the basic principles of criminal procedure from inquest and preliminary
investigations, to petitions for review or appeals including petitions for certiorari, up
to the trial proper. Secondly, the entire Volume II contains the Elements of Crimes
under the Revised Penal Code and some special penal laws, including the important
discussions on some highly technical and emerging areas of criminal law. Finally,
relevant issuances of the Department in the recent past, and sample resolutions,
informations, forms and templates, among others, are included in Volume III.
I commend the Technical Working Group for accomplishing the daunting task of
updating and revising the Prosecutors' Manual. Their zealous dedication and diligent
efforts in the preparation of this significant work tool for our prosecutors are truly
laudable.
May this Manual serve as a constant reminder to all the officials and personnel of
the National Prosecution Service, and perhaps to all justice workers in the country
for that matter, of our mission to harmoniously work together towards a just and
peaceful society. And should this Manual fails at times to address some issues and
situations by reason of its peculiarity, we must remain steadfast on our faithful
compliance to the fundamentals of justice and the rule of law.
xi
ACKNOWLEDGMENT
xii
Second, to the following, whose active participation and perceptive
observations, suggestions, comments and valuable insights based on
their extensive experiences contributed significantly to the spirited and
fruitful discussions during the consultations and validation sessions
that brought to fore various issues:
xiii
Third, to the various Provincial and City Prosecution Offices which
sent in their comments and suggestions for this Manual revision;
Director Ryan Thomas who contributed his ideas in the methodology;
Ms. Marilou Santos of the DOJ Library; Mr. Russel Trasmonte of the
DOJ-Management Information Services, for the cover design of this
Manual; and the law students-trainees who helped in the collation of
these inputs and did research work, namely: Mr. Francis Puno, Ms.
Jennifer Guinanao, Mr. Adrian M. Dela Cruz, Ms. Maria Victoria M.
Castillo, Ms. Kristina Lara and Ms. Angela Sharmaine Rosales.
xiv
xv
xvi
CHAPTER I
PROSECUTION OF OFFENSES
1
Soberano v. People, G.R. No. 154629, October 5, 2005.
2
De Lima v. Reyes, G.R. No. 209330, January 11, 2016.
3
Section 5, Rule 110, Revised Rules of Criminal Procedure.
4
Mobilia Products, Inc. v. Umezawa, G.R. No. 149357, March 4, 2005.
5
San Miguel v. Perez, G.R. No. 166836, September 4, 2013.
6
Baltazar v. Pantig, G. R. No. 149111, August 9, 2005.
SUMMARY INVESTIGATION
7
Section 8, Rule 112, Revised Rules of Criminal Procedure.
8
Resolution of the Supreme Court En Banc dated October 15, 1991, “Providing for the Revised
Rule on Summary Procedure for Metropolitan Trial Courts, Municipal Trial Courts and Municipal
Circuit Trial Courts” (See Appendix A)
INQUEST PROCEEDINGS
a. If he is confined in a hospital; or
Thereafter, the record of the case, together with the resolution and
the Complaint/Information, shall be forwarded to the Prosecutor
General or the Provincial/City Prosecutor for approval and
subsequent filing before the proper Court.
9
R.R. Paredes v. Calilung, G.R. No. 156055, March 5, 2007.
Republic Act No. 6036, otherwise known as “An Act Providing that Bail Shall Not, with certain
10
For violations of R.A. No. 9165, the entire records of the case shall
11
Department Circular No. 39 s. 2007 on the “Rules on Inquest with Respect to Children in Conflict
with the Law as defined Under Republic Act No. 9344, Otherwise Known as the “Juvenile Justice
and Welfare Act of 2006” (See Appendix B).
12
DOJ Circular No. 38, s. 2010 on “Automatic Review of Anti-Smuggling Cases” (See Appendix C)
DOJ Circular No. 004, s. 2017 on Automatic Review of Dismissed Cases Involving Republic Act
13
14
People v. Manago y Acut, G.R. No. 212340, August 17, 2016.
On the other hand, Section 5(b), Rule 113 requires for its
application that at the time of the arrest, an offense had
in fact just been committed and the arresting officer had
personal knowledge of facts indicating that the accused
had committed it.
x x x
18
People v. Manago y Acut, supra.
19
People v. Alvario, G.R. Nos. 120437-41, July 16, 1997.
20
People v. Figueroa, G.R. No. L-24273, April 30, 1969.
21
People v. Molina, G.R. No. 133917, February 19, 2001. See also People vs. Nuevas, G. R. No.
170233, February 22, 2007.
PRELIMINARY INVESTIGATION
The term does not mean “actual and positive cause” nor does
it import absolute certainty. It is merely based on opinion and
reasonable belief. Thus, a finding of probable cause does not
require an inquiry into whether there is sufficient evidence
to procure a conviction. It is enough that it is believed that an
act or omission complained of constitutes the offense charged.
Precisely, there is a trial for the reception of evidence of the
prosecution in support of the charge.23
22
Section 1, Rule 112, Revised Rules of Criminal Procedure.
23
Paredes, Jr., v. Sandiganbayan, G. R. No.108251, January 31, 1996.
24
De Ocampo v. Secretary of Justice, G.R. No. 147932, January 25, 2006.
25
Ibid.
26
Ibid.
27
Sarigumba v. Sandiganbayan, G.R. Nos. 154239-41, February 16, 2005.
28
Clay & Feather International Inc. et. al. v. Lichaytoo, G.R. No. 193105, May 30, 2011.
29
Microsoft Corporation v. Maxicorp, Inc., G.R. No. 140946, September 13, 2004.
30
Insurance Life Assurance Company Limited v. Serrano, G.R. No. 163255, June 22, 2007.
31
Callo-Claridad v. Esteban, G.R. No. 191567, March 20, 2013 citing Hashim v. Boncan, G.R. No.
L-47777, January 13, 1941.
32
Tandoc v. Resultan, G.R. No. 59241-44, July 5, 1989.
33
People v. CA, G.R. No. 126005, January 21, 1999.
34
Flores v. Montemayor, G.R No.170146, June 8, 2011.
35
Santos v. Go, G.R. No. 156081, October 19, 2005.
36
Drilon v. C.A., G.R. No. 115825, July 5, 1996.
37
De Ocampo v. Sec. of Justice, G.R. No. 147932, January 25, 2006.
38
People v. Lazo, G.R. No. 75367, June 19, 1991.
39
Go v. CA, G.R. No. 101837, February 11, 1992.
40
Benedicto and Rivera v. CA, G.R. No. 125359, September 4, 2001.
41
People v. CA, G.R. No. 126005, January 21, 1999.
42
Bautista v. CA, G.R. No. 143375, July 6, 2001.
43
Estrada v. Ombudsman, G.R. Nos. 212140-41, January 21, 2015 citing Salonga v. Pano, G.R.
No. L-59524 (February 18, 1985).
44
Benedicto v. Court of Appeals, G.R. No. 125359, September 4, 2001.
45
Section 6, Rule 112, Revised Rules of Criminal Procedure.
46
Yusop v. Sandiganbayan, G.R. No. 138859-60, February 22, 2001.
47
Section 1, paragraph 2, Rule 112, Revised Rules of Criminal Procedure.
48
People v. Inting, G. R. No. 88919, July 25, 1990.
49
People v. Basilla, G. R. No. 83938-40, November 6, 1989.
50
Uy v. Sandiganbayan, G. R. No. 105965-70, March 20, 2001.
51
Section 3 [b], Rule 112, Revised Rules of Criminal Procedure.
52
Section 3(d), Rule 112, Revised Rules of Criminal Procedure; DOJ Memorandum Circular No. 25
dated October 2, 1989.
53
Section 3(b), paragraph 2., Rule 112, Revised Rules of Criminal Procedure.
54
Section 3, paragraph (d), Rule 112, Revised Rules of Criminal Procedure.
55
Section 3, paragraph (b), Rule 112, Revised Rules of Criminal Procedure.
a. General Rule–
The respondent shall NOT be allowed to file a motion
to dismiss in lieu of a counter-affidavit.56 The counter-
affidavit shall be subscribed and sworn to before any
b. Exceptions–
57
Ibid.
59
Reyes v. Rossi, G.R. No. 159823, February 18, 2013.
60
Section 5, Rule 111, Revised Rules of Criminal Procedure.
64
Section 3 (f), Rule 112, Revised Rules of Criminal Procedure.
65
Republic Act No. 6770, otherwise known as “An Act Establishing the Philippine National Police
Under a Reorganized Department of the Interior and Local Government, and for Other Purposes,”
otherwise known as the “Department of the Interior and Local Government Act of 1990”.
66
Republic v. Maximiano Asuncion, G. R. No. L-108208, March 1994.
Sequential Codes:
• Roman numeral – NPS region and OPG number
• Two (2)–digit number – city/provincial office
• Small letter – provincial substation
• PI – for regular preliminary investigation or
summary investigation case
• INQ – for inquest case
• Two (2)–digit number – last two (2) digits of the
year
• Capital letter – month (“A” to “L” for January to
December, respectively)
• Five (5) digit number – series number for an
entire calendar year
I–05a–INQ–17A–00010
• I – Region I
• 05 – OPP La Union
• A – Agoo Sub–Station
• INQ – inquest case
• 17 – year 2017
• A – month of January
• 00010 – 10th inquest case for year 2017
c. Parts of a Resolution:
b. Complex issues
c. With counter-charges
e. Reassignment
a. In writing;
69
Section 4, paragraph 2, Rule 112, Revised Rules of Criminal Procedure.
70
Cinco v. Sandiganbayan, G.R. Nos. 92362-67, October 15, 1991.
71
Section 2, Rule 110, Revised Rules of Criminal Procedure.
72
Section 8, Rule 110, Revised Rules of Criminal Procedure.
73
People v. De La Cruz, G.R. Nos. 135554-56, June 21, 2002.
74
Olivarez v. CA, G.R. No. 163866, July 29, 2005.
75
Section 9, Rule 110, Revised Rules of Criminal Procedure.
76
Section 10, Rule 110, Revised Rules of Criminal Procedure.
77
Section 4, paragraph 1, Rule 112, Revised Rules of Criminal Procedure.
78
Section 13, Rule 110, Revised Rules of Criminal Procedure.
79
Ivler v. Ponce, G.R. No. 172716, November 17, 2010.
80
Section 8, Rule 112, Revised Rules of Criminal Procedure.
81
Section 4, paragraph 3, Rule 112, Revised Rules of Criminal Procedure.
Revised Manual for Prosecutors Volume 1 - 2017 Edition 51
but before the approval and promulgation of said resolution,
the preliminary investigation may, upon motion of a party, be
reopened for the purpose of receiving newly discovered evidence
and/or in cases where respondent has not been notified of the
complaint. The re-opening should be with the prior authorization
of the Prosecutor General or Provincial/City Prosecutor
concerned. The preliminary investigation shall be reopened
subject to the following conditions:
82
Section 7(a), Rule 112, Revised Rules of Criminal Procedure.
83
Section 7(b), Rule 112, Revised Rules of Criminal Procedure.
84
Crespo v. Mogul, G. R. No. L-53373, June 30, 1987.
85
Antiporda, Jr. v. Garchitorena, G.R. No. 133289, December 23, 1999.
Charter Chemical and Coating Corporation v. Tan, G.R. No. 163891, May 21, 2009.
86
88
Luciano v. Mariano, et. al., G.R. No. L-32950, July 30, 1971.
89
Sy Lim v. CA, G.R. No. L-37494, March 30, 1982.
90
Lava v. Gonzales, G.R. No. L-23048, July 31, 1964.
95
Clay & Feather International, Inc. v. Lichaytoo, supra.
96
Uy v. Sandiganbayan, supra.
97
Honasan II v. The Panel of Investigating Prosecutors of the DOJ, G.R. No. 159747, April 13,
2004.
98
Tatad v. Sandiganbayan, G.R. Nos. L-72335-39 , March 21, 1999.
99
Gonzales v. Sandiganbayan, G.R. No. 94750, July 16, 1991; Defensor-Santiago v. Garchitorena,
G.R. No. 109266, December 2, 1993.
ARREST
100
Samulde v. Salvani, Jr., G.R. No. 78606, September 26, 1988.
101
People v. Monda, G.R. Nos. 105000-01, November 22, 1993.
102
People v. Manlulu, G.R. No. 102140, April 22, 1994.
103
People v. Doria, G.R. No. 125299, January 22, 1999.
104
Larranaga v. Court of Appeals, G.R. No. 130644, March 13, 1998.
105
SP02 Cabanlig v. Sandiganbayan, G.R. No. 148431, July 28, 2005.
106
Managan v. Court of First Instance, G.R. No. 82760, August 30, 1990.
107
People v. Vasquez, G.R. No. 200304, January 15, 2014.
108
Sanchez v. Demetriou, G.R. Nos. 111771-77, November 9, 1993.
BAIL
109
Enrile v. Sandiganbayan, G.R. No. 213847, August 18, 2015.
110
Section 4, Rule 114, Revised Rules of Criminal Procedure.
o Exceptions:
112
Section 2 of Republic Act No. 6036, otherwise known as “An Act Providing That Bail Shall Not,
With Certain Exceptions, Be Required In Cases of Violations of Municipal or City Ordinances
and In Criminal Offenses When The Prescribed Penalty For Such Offenses Is Not Higher Than
Arresto Mayor and/or a Fine of Two Thousand Pesos or Both.”) provides, “Instead of bail, the
person charged with any offense contemplated by Section 1 hereof shall be required to sign in
the presence of two witnesses of good standing in the community a sworn statement binding
himself, pending final decision of his case, to report to the Clerk of the Court hearing his case
periodically every two weeks. The Court may, in its discretion and with the consent of the person
charged, require further that he be placed under the custody and subject to the authority of a
responsible citizen in the community who may be willing to accept the responsibility. In such a
case the affidavit herein mentioned shall include a statement of the person charged that he binds
himself to accept the authority of the citizen so appointed by the Court. The Clerk of Court shall
immediately report the presence of the accused person to the Court. Except when his failure to
report is for justifiable reasons including circumstances beyond his control to be determined by
the Court, any violation of this sworn statement shall justify the Court to order his immediate
arrest unless he files bail in the amount forthwith fixed by the Court.” (See Appendix E)
113
Ibid.
114
Section 16, Rule 114, Revised Rules of Criminal Procedure.
115
Section 6, Rule 144, Revised Rules of Criminal Procedure.
116
Section 18, Rule 114, Revised Rules of Criminal Procedure.
d.
Age, state of health, character, and reputation of the
respondent/accused under detention;
117
Section 17, Rule 114, Revised Rules of Criminal Procedure.
118
Section 6, Rule 114, Revised Rules of Criminal Procedure.
119
Section 34, “Juvenile Justice and Welfare Act of 2006”.
120
Tabao v. Espina, A.M. No. RTJ-96-1347, June 14, 1996.
Bravo v. Borja, G.R. No. L-65228, February 18, 1985.
121
People v. Antona, G.R. No. 137681, January 31, 2002 citing People v. San Diego, G.R. No. L-
122
Where there are several accused and one or two filed a petition to
bail, the trial prosecutor shall, before presentation of his first witness,
manifest in open court that the evidence to be presented in the hearing
of the petition for bail shall be adopted as its evidence–in–chief, with
the reservation to present additional evidence during the trial proper.
123
Revised Guidelines for Continuous Trial of Criminal Cases. (See Appendix F)
124
Loyola v. Gabo, Jr., A.M. No. RTJ-00-15-24, January 26, 2000.
125
Ibid.
126
Dinapol v. Baldado, A.M. No. RTJ-92-898, August 5, 1993.
127
Tolentino v. Camano, Jr., A.M. No. RTJ-00-1522, January 20, 2000.
128
Carpio, et al. v. Maglalang, G.R. No. 78162, April 19, 1991.
ARRAIGNMENT
The filing of a petition for review affects the arraignment of the accused
in court.132
Section 7.2. Duties of The Trial Prosecutor. –
Before During After
Arraignment Arraignment Arraignment
129
Section 1(b), Rule 116, Revised Rules of Criminal Procedure.
130
Section 13[2], 1987 Constitution of the Philippines.
131
14 Am. Jur., p. 939; G.V. Jacinto, Criminal Procedure.
132
Section 1(f), Rule 116 of the Revised Rules of Criminal Procedure.
133
Trinidad and Trinidad v. Ang, G.R. No. 192898, January 31, 2011 citing Samson v. Daway, G.R.
Nos. 160054-55, July 21, 2004.
134
Solar Team Entertainment, Inc. v. How, G.R. No. 140863, August 22, 2000.
PLEA BARGAINING
b. By a demurrer; or
135
Black’s Law Dictionary 1037 (5th ed. 1979).
136
Osborn’s Concise Law Dictionary 254 (15th ed.)
137
Revised Guidelines for Continuous Trial for Criminal Cases, A.M. No. 15-06-10-SC. (See
Appendix F)
138
Ibid.
139
Ibid.
Gonzales III v. Office of the President, G.R. No. 196231 (September 4, 2012).
141
142
Daan v. Sandiganbayan, G.R. Nos. 163972-77 (March 28, 2008).
PRE-TRIAL CONFERENCE
The Court shall, after arraignment and within thirty (30) days from
the date the Court acquires jurisdiction over the person of the accused,
order a pre-trial conference, unless a shorter period is provided for in
special laws or circulars of the Supreme Court.145
The trial prosecutor shall make sure that he appears at the pre-trial
conference to avoid being sanctioned by the Court.146
The pre-trial order binds the parties, limits the trial to matters not
disposed of, and controls the course of the action taken during the trial,
unless modified by the Court to prevent manifest injustice.147
143
Black’s Law Dictionary, supra, at 1037.
144
Section 1, Rule 118, Revised Rules of Criminal Procedure.
145
Ibid.
146
Section 3, Rule 118, Revised Rules of Criminal Procedure.
147
Section 4, Rule 118, Revised Rules of Criminal Procedure.
148
Black’s Law Dictionary, supra, at 1037.
149
Section 1, Rule 129, Section 1, Revised Rules of Criminal Procedure.
150
Section 2, Rule 129, Section 1, Revised Rules of Criminal Procedure.
151
Section 3, Rule 118, Revised Rules of Criminal Procedure.
Place importance
on the testimony of
the expert witness
who will help him/
her determine
the procedures
undertaken in the
examination of a
subject or thing; the
scientific or technical
terms applied; and
the reason/s in
arriving at a certain
conclusion.
TRIAL
The object of a trial is to mete out justice, to convict the guilty and
protect the innocent. Thus, the trial should be a search for the truth
and not a contest over technicalities and must be conducted under such
rules as will protect the innocent.153
• Review the records of the case and ensure that all the
documentary evidence is attached.
23 C.J.S. 274.
153
A. The Case
1. A brief statement of the facts of the case.
Witnesses who will testify for the first time shall be afforded the
opportunity to observe criminal proceedings in court to help
them overcome their anxiety, excitement, and tension.
154
Jeffrey Reso Dayap v. Pretzy-Lou Sendiong et al., G.R. No. 177960, January 29, 2009.
155
People v. PO2 Valdez et. al., G.R. No. 175602, January 18, 2012.
156
Section 17(a), Rule 119, Revised Rules of Criminal Procedure.
157
Section 17 (b), Rule 119, Revised Rules of Criminal Procedure.
158
Borja v. Borja, et. al, G.R. No. 37792, December 7, 1933.
Section 10.4. Trial Proper. – Upon receipt of the notice of trial, the
prosecutor shall review the record of the case for trial and complete his/
her preparation therefor bearing in mind that trial, once commenced,
may continue from day to day until terminated. He/She may, however,
move for postponement for a reasonable period of time for good cause.163
159
Lugtu v. Court of Appeals, G.R. No. 103397, August 28, 1996.
160
People v. Court of Appeals, G.R. No. L-55533, July 31, 1984.
161
People v. Faltado, G.R. Nos. L-1604, L-1712 and L-1713, June 27, 1949.
162
People v. Borja, supra.
163
Section 2, paragraph 1, Rule 119, Revised Rules of Criminal Procedure.
164
Republic Act No. 4908, otherwise known as “An Act Requiring Judges of Courts to Speedily Try
Criminal Cases Wherein the Offended Party is a Person about to Depart from the Philippines with
No Definite Date of Return” (See Appendix G).
165
Section 21, Rules and Regulations on the Reporting and Investigation of Child Abuse Cases”
issued pursuant to Section 32 of R. A. No. 7610, otherwise known as “the Child Abuse Act” (See
Appendix H)
166
“Comprehensive Dangerous Drugs Act of 2002”.
Motions –
167
Republic Act No. 9165, otherwise known as the “New Anti-Carnapping Act of 2016”.
Example
Leading Question Non–Leading Question
Exceptions:
c. Be brief.
d. Short questions, plain words.
e. Always ask leading questions.
f. Do not ask a question, the answer to which you do
not know in advance.
e. Listen to the witness
f. Do not quarrel with the witness.
g. Do not allow the witness to repeat his/her direct
testimony.
h. Do not permit the witness to explain his/her
answers.
The prosecutor shall request the Court to copy furnished the PNP
Chief Directorate, PDEA Director General and other law enforcement
agencies.
168
De Guia v. Guerrero, Jr., A.M. No. RTJ-93-1099, August 1, 1994.
169
Corpuz v. The Sandiganbayan, G.R. No. 162214, November 11, 2004; Lumanlaw v. Judge
Edgardo Peralta, Jr.,
G. R. No. 164953, February 13, 2006.
170 Vino v. People, G.R. No. 84163, October 19, 1989.
171
Dacanay v. People, G.R. No. 101302, January 25, 1995.
172
Section Rule 110, Revised Rules of Court.
173
Section. 9, Rule 119, Revised Rules of Court.
174
U.S. v. Enriquez, G.R. No. L-15081, December 19, 1919.
175
People v. Aninon, G.R. No l-39083, March 16, 1988.
j. The ground underlying the rule is not to let a crime that has
been committed go unpunished; so an accused who is not the
most guilty is allowed to testify against the most guilty in order
to achieve the greater purpose of securing the conviction of
the more or most guilty and the greatest number among the
accused permitted to be convicted for the offense committed.177
176
People v. De Leon, et. al., G.R. No. L-13384, June 30, 1960.
177
People v. Court of Appeals, supra.
178
People v. Mandagan, G.R. No. 28629, September 12, 1928.
179
People v. Sandiganbayan, G.R. Nos. 115439-41, July 16, 1997.
180
People v. Faltado, G.R. Nos. L-1604, L-1712 and L-1713, June 27, 1949.
181
“2000 NPS Rules on Appeal”, D.C. No. 70-A, dated July 10, 2000 (See Appendix I).
182
Department Circular No. 003 dated January 04, 2017 on the “Guidelines on the disposition of
the Petitions for Review/Automatic Review/Appealed cases filed from July 1, 2016 onwards and
delegation of authority to sign or approve decisions and resolutions thereof”. (See Appendix J).
183
Section 3, Rule 13 of the Revised Rules of Court provides that, “Pleadings may be filed in
court either personally or by registered mail”. In the first case, the date of filing is the date of
The petitioner shall file only the original of the Petition for Review with
its required attachments, and the respondent shall file only the original
of his/her comment thereon. No copy of any document, pleading, or
motion other than the original shall be received. The Petition for Review
and other documents filed in relation thereto shall be deemed to have
been filed on the time and date of filing the paper–based documents.184
All Petitions for Review filed shall have, in addition to its attachments,
a compact disc (CD) containing a PDF file of the Petition for Review
and all its attachments. No petition shall be docketed and deemed filed
without the accompanying CD.185
receipt. In the second case, the date of mailing is the date of receipt. xxx It is an established
jurisprudence that “the date of delivery of pleadings to a private letter-forwarding agency is not
to be considered as the date of filing thereof in court;” instead, “the date of actual receipt by the
court x x x is deemed the date of filing of that pleading.” Heirs of Numeriano Miranda, Sr. v. Pablo
R. Miranda, G.R. No. 179638, July 8, 2013.
184
Section 3 of Department Circular No. 018 dated March 8, 2017 on “Rule on Electronic Filing of
Petition for Review”, (See Appendix K).
185
Section 2, Ibid.
Evidence submitted for the first time on appeal shall not be admitted. If
submitted, the reviewing prosecutor shall disregard it.
186
Section 2, “Rule on Electronic Filing of Petition for Review”, supra.
187
Section 4, Section 2, “Rule on Electronic Filing of Petition for Review”, supra.
188
Section 3, “Rule on Electronic Filing of Petition for Review”, supra.
Pending resolution of the appeal, the appellant and the trial prosecutor
shall see to it that the proceedings in court are held in abeyance for sixty
(60) days.
When the accused is arraigned during the pendency of the appeal, the
prosecutor concerned shall likewise immediately inform the Secretary
of Justice or Regional Prosecutor of such an arraignment.
Pending the resolution of the Petition for Review or appeal, the accused
may move before the Court for the suspension of the proceedings, to
hold in abeyance the issuance of a warrant of arrest and the deferment
of his/her arraignment.
Marcelo v. Court of Appeals, G.R. No. 106695, August 4, 1994; Community Rural Bank of
190
191
Noblejas v. Sales, G.R. Nos. L-31788 and L-31792, September 15, 1975.
192
Vda. De Jacob v. Puno, G.R. Nos. L-61554-55, July 31, 1984.
193
Solar Entertainment, Inc. v. How, supra.
194
Marcelo v. Court of Appeals, supra, reiterated in the case of Community Rural Bank of Guimba
v. Talavera, A.M. No. RTJ-05-1909, April 6, 2005.
195
Dimatulac v. Villon, G.R. No. 127107, October 12, 1998.
I.
Applicability
A. Civil Cases:
(1) All cases of forcible entry and unlawful detainer, irrespective of the
amount of damages or unpaid rentals sought to be recovered. Where
attorney’s fees are awarded, the same shall not exceed twenty thousand
pesos (Php20,000.00).
(2) All other civil cases, except probate proceedings, where the total
amount of the plaintiff’s claim does not exceed ten thousand pesos
(Php10,000.00), exclusive of interest and costs.
B. Criminal Cases:
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not exceeding (Php1,000.00), or both, irrespective of other imposable
penalties, accessory or otherwise, or of the civil liability arising
therefrom: Provided, however, that in offenses involving damage to
property through criminal negligence, this Rule shall govern where the
imposable fine does not exceed ten thousand pesos (Php10,000.00).
This Rule shall not apply to a civil case where the plaintiffs cause of action
is pleaded in the same complaint with another cause of action subject to
the ordinary procedure; nor to a criminal case where the offense charged
is necessarily related to another criminal case subject to the ordinary
procedure.
II.
Civil Cases
Sec. 3. Pleadings. —
Sec. 4. Duty of court. — After the court determines that the case falls
under summary procedure, it may, from an examination of the allegations
therein and such evidence as may be attached thereto, dismiss the case
outright on any of the grounds apparent therefrom for the dismissal of
a civil action. If no ground for dismissal is found it shall forthwith issue
summons which shall state that the summary procedure under this Rule
shall apply.
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cross-claims shall be filed and served within ten (10) days from service of
the answer in which they are pleaded.
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without the need of further proceedings, in which event the
judgment shall be rendered within thirty (30) days from issuance
of the order;
The court shall not resort to the clarificatory procedure to gain time for
the rendition of the judgment.
III.
Criminal Cases
Sec. 11. How commenced. — The filing of criminal cases falling within
the scope of this Rule shall be either by complaint or by information:
Provided, however, that in Metropolitan Manila and in Chartered Cities.
such cases shall be commenced only by information, except when the
offense cannot be prosecuted de oficio.
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accused plus two (2) copies for the court’s files. If this requirement is not
complied with within five (5) days from date of filing, the care may be
dismissed.
Sec. 13. Arraignment and trial. — Should the court, upon a consideration
of the complaint or information and the affidavits submitted by both
parties, find no cause or ground to hold the accused for trial, it shall
order the dismissal of the case; otherwise, the court shall set the case for
arraignment and trial.
If the accused is in custody for the crime charged, he shall be immediately
arraigned and if he enters a plea of guilty, he shall forthwith be sentenced.
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testify, his affidavit shall not be considered as competent evidence for the
party presenting the affidavit, but the adverse party may utilize the same
for any admissible purpose.
Sec. 16. Arrest of accused. — The court shall not order the arrest
of the accused except for failure to appear whenever required. Release
of the person arrested shall either be on bail or on recognizance by a
responsible citizen acceptable to the court.
Sec. 17. Judgment. — Where a trial has been conducted, the court
shall promulgate the judgment not later than thirty (30) days after the
termination of trial.
IV.
Common Provisions
A violation of this requirement may subject the party or the counsel who
submits the same to disciplinary action, and shall be cause to expunge
the inadmissible affidavit or portion thereof from the record.
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REPUBLIC ACT No. 6036
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presence of two witnesses of good standing in the community a sworn
statement binding himself, pending final decision of his case, to report to
the Clerk of the Court hearing his case periodically every two weeks. The
Court may, in its discretion and with the consent of the person charged,
require further that he be placed under the custody and subject to the
authority of a responsible citizen in the community who may be willing
to accept the responsibility. In such a case the affidavit herein mentioned
shall include a statement of the person charged that he binds himself to
accept the authority of the citizen so appointed by the Court. The Clerk
of Court shall immediately report the presence of the accused person
to the Court. Except when his failure to report is for justifiable reasons
including circumstances beyond his control to be determined by the
Court, any violation of this sworn statement shall justify the Court to
order his immediate arrest unless he files bail in the amount forthwith
fixed by the Court.
Section 3. This Act shall apply to all person who, at the time of its
approval, are under temporary detention for inability to post bail for
charges contemplated by Section 1 above.
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RULES AND REGULATIONS ON THE REPORTING AND
INVESTIGATION OF CHILD ABUSE CASES
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adequate food, clothing, shelter, basic education or medical care so
as to seriously endanger the physical, mental, social and emotional
growth and development of the child;
g) “Sexual abuse” includes the employment, use, persuasion,
inducement, enticement or coercion of a child to engage in, or
assist another person to engage in, sexual intercourse or lascivious
conduct or the molestation, prostitution, or incest with children;
h) “Lascivious conduct” means the intentional touching, either
directly or through clothing, of the genitalia, anus, groin, breast,
inner thigh, or buttocks, or the introduction of any object into the
genitalia, anus or mouth, of any person, whether of the same or
opposite sex, with an intent to abuse, humiliate, harass, degrade,
or arouse or gratify the sexual desire of any person, bestiality,
masturbation, lascivious exhibition of the genitals or pubic area of
a person;
i) “Exploitation” means the hiring, employment, persuasion,
inducement, or coercion of a child to perform in obscene exhibitions
and indecent shows, whether live or in video or film, or to pose or
act as a model in obscene publications or pornographic materials,
or to sell or distribute said materials; and
j) “Department” shall refer to a duly authorized officer or social
worker of the Department of Social Welfare and Development or
similar agency of a local government unit.
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incidents of possible child abuse to the Department.
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SECTION 12. Physical Examination; Interview. — The
Department shall refer the child who is placed under protective
custody to a government medical or health officer for a physical/mental
examination and/or medical treatment. Thereafter, the Department
shall determine the rehabilitation or treatment program which the child
may require and to gather data relevant to the filing of criminal charges
against the abuser.
a. offended party;
b. parent or legal guardian;
c. ascendant or collateral relative of the child within the third
degree of consanguinity
d. duly authorized officer or social worker of the Department;
e. officer, social worker or representative of a licensed child caring
institution;
f. Barangay Chairman; or
g. at least three (3) concerned responsible citizens of the
community where the abuse took place who have personal
knowledge of the offense committed.
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SECTION 17. Filing of Criminal Case. — The investigation report
of the Department and/or of the police or other law enforcement agency
on the abuse of a child, together with the results of the physical/mental
examination and/or medical treatment and other relevant evidence, shall
be immediately forwarded to the provincial or city prosecutor concerned
for the preparation and filing of the appropriate criminal charge against
the person who allegedly committed the abuse.
The Department shall seek the assistance of the local government unit
concerned or the police or other law enforcement agency in the closure
of an offending establishment or enterprise.
a) explain to the child the legal proceedings in which the child will be
involved;
b) advise the judge, when appropriate, and as a friend of the court,
regarding the child’s ability to understand the proceedings and
questions propounded therein;
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c) advise the prosecutor concerning the ability of the child to cooperate
as a witness for the prosecution;
d) attend all investigations, hearings and trial proceedings in which
the child is a participant; and
e) monitor and coordinate concurrent administrative and court
actions.
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July 3, 2000
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true copies of the complaint, affidavits/sworn statements and other
evidence submitted by the parties during the preliminary investigation/
reinvestigation. If an information has been filed in court pursuant to the
appealed resolution, a copy of the motion to defer proceedings filed in
court must also accompany the petition. The investigating/reviewing/
approving prosecutor shall not be impleaded as party respondent in the
petition. The party taking the appeal shall be referred to in the petition as
either “Complainant-Appellant” or “Respondent- Appellant”.
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SECTION 11. Reinvestigation. If the Secretary of Justice finds it
necessary to reinvestigate the case, the reinvestigation shall be held by
the investigating prosecutor, unless, for compelling reasons, another
prosecutor is designated to conduct the same.
(signed)
ARTEMIO G. TUQUERO
Secretary of Justice
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