Jurisdiction: RA 7691 Lupong Tagapamayapa

Regional Trial Court Metropolitan Trial Court Prior recourse to barangay conciliation is a pre-requisite in
PENALTY: Penalty of PENALTY:Penalty of the filing of a complaint in court or any governmental
imprisonment exceeding six Imprisonment not office except:
years regardless of fine exceeding six years 1. Where one party is a government or any
regardless of Fine subdivision
2. When one party is a public officer or employee
PURELY FINE: If the Purely Fine: If the penalty and the dispute relates to official function
penalty of the crime of the crime does not 3. Where the dispute involves real property located
exceeds P4,000 exceed P4,000 in different cities and municipalities
Jurisdictional 4. When the offense exceeds the maximum penalty
of imprisonment of one year or a fine of P5,000.
1. The criminal action is instituted and tried in the 5. Urgent Legal action is necessary to prevent
court or municipality or territory where the injustice from being committed in the following
offense was committed or where any of its cases
essential elements of the crime occurred. a. Criminal cases where the accused is
Examples: under police detention
1. The motorcycle was stolen in Bulacan the case b. Petition for habeas corpus
must be filed in Bulacan. c. Action coupled with provisional
2. The person was robbed in Manila the case is to be remedies such as preliminary
filed in Manila injunction, attachment, delivery or a
3. If the offense is committed in airplane, or other person illegally deprived
public or private vehicles while in the course of d. Action that is barred with statute of
the trip the criminal action is to be tried in the 1. limitation.
Court of any municipality or territory where such Hold Departure Order
train vehicle or aircraft passed during its trip
including the place of departure and arrival. 1. Only the RTC , in criminal cases can issue a hold
4. If the offense is committed on board a vessel in departure order
the course of its voyage, the criminal action is to
be tried in the first port of entry of any Remedy: The accused can file a petition in court allowing
municipality or territory where the vessel passed him to post a bond in order to leave the country.
during such voyage subject to the generally
accepted principle of international law Who files?

Airplane. Public or
private moving vehicle
The case is to be filed in
any place or departure and
arrival or where any vehicle
or aircraft had passed
during the trip
Vessel at sea
The case is to be filed in the
first port of entry of any
municipality or territory
where the vessel passed
through such voyage.
1. Fiscal: The penalty is at least six years one day
the application is filed in the RTC where the
crime was committed or where the essential
elements of the crime occurred
2. NBI: can file it in any of the ff courts: RTC of
Manila, Cebu , Iloilo, Davao, Cagayan de Oro
known provided that the RTC of Manila, Cebu, Quezon
City, Iloilo Davao, Cagayan De Oro applied by the NBI.

5. RA 9262. Infidelity committed by the husband Q: Can the DOJ be allowed to hold a hold departure
against the wife is a continuing offense on the order?
part of the wife. Even if the person is not present
in the Philippines you can still file the case. A: No. Only the RTC can issue a hold departure order.
6. BP22 . The case is to be filed where any of the Sandiganbayan
elements occur 1. Where the check was drawn, The Sandiganbayan can motu proprio issue a hold
bounced etc. departure order as this is inherent to its power. There is no
Summary Procedure need for a case to be filed.
a. Precautionary Hold- Departure
1. Offenses not exceeding 6 months or a fine not
exceeding P1,000
2. Damage to property through Criminal Negligence
the fine does not exceed P10,000
3. Violation of traffic law, rules and regulation
4. Violation of rental law
5. Violation of municipal or city ordinance.
There must be an order in writing issued by the Court
commanding the Bureau of Immigration to prevent any
attempt on the person suspected of the crime to depart the
Philippines in cases that involves crimes with the minimum
penalty does not exceed six years and that the case is just in
the prosecutor level. No case was filed yet.
Jurisdiction:
1. Salary Grade 27 or higher
2. Crime committed is in violation of Act
3019( Bribery, direct or indirect bribery)
3. The act committed in relation to his office.
Examples
4. City Treasurer, engineer even though they are not
in the level of Salary Grade 27.
5. Directors, trustee of president state universities,
the government owned and controlled corporation
even though there is no salary grade 27.
6. RTC has jurisdiction when there is no damage to
the government or alleges from crime not
exceeding P1.000,000 it will still fall within the
jurisdiction of the RTC.
 Note the case of conspiracy.
More examples
1. Mayor Sanchez argued that the crime must be
filed in Sandiganbayan Mayor Sanchez was
accused of the crime of rape and murder. The
court ruled that Murder would have been
committed regardless of the position of Mayor
Sanchez
2. Serana falls within the Category of Officer,
trustee of state university that is why the case is
to be filed in the Sandiganbayan regardless of the
salary grade
Ombudsman
Has jurisdiction over any offense of any misfeasance and
malfeasance of the public officer. It is not necessary that
the crime is related to the office. Note that the ombudsman
is not a court.
The Office of the Ombudsman can also conduct a
preliminary investigation, administrative investigation to
determine if probable cause exist for the filing of the
information to the proper court.
Rule 112: Preliminary Investigation
Definition: This is an inquiry or proceeding to determine
whether there is sufficient ground to engender a well
founded belief that a crime has been committed and the
accused is probably guilty of the crime committed thereto.
Who can conduct?
1. Manila and chartered city
a. Office of the Ombudsman
b. National and regional state prosecutor
c. Other officers as authorized by law
Note: Judges can no longer conduct a preliminary
investigation
2. Outside of Metro Manila
a. Provincial Prosecutor.
Motion to quash: Lack of authority on the part of the filing
officer prevents the court from acquiring jurisdiction over
the case. An infirmity in the information such as lack of
authority cannot be cured and may be subject to motion to
quash.
Procedure:
1. A complaint makes an affidavit under oath it
must be subscribed before any prosecutor or
government official authorized to administer oath
and in case of inability to the notary public each
of who must certify to have personally examined
the affiant and is satisfied that the affidavit is
voluntarily executed.
2. After ten days of the filing of complaint the
investigating officer shall either
a. Dismiss it if he finds no ground to
continue with the investigation
b. Issue a subpoena attaching the
complaint and affidavit( in order to
submit a counter affidavit)
i. If the respondent cannot be
subpoena or did not submit
any counter-affidavit the
investigating officer shall
resolve the complaint based
on evidence presented
3. If needed, a clarificatory hearing is to be
conducted. The hearing is for a period of ten days
from submission of counter affidavit and other
document or from the expiration of the period of
submission. It is terminated within five days.
4. After five days the assistant prosecutor shall
determine whether there is sufficient ground to
hold the respondent for trial/ The assistant
prosecutor creates an information or a resolution
as to the recommendation which the City
Prosecutor can either
a. Approve (Information +resolution)
b. Reject ( Probable cause)
i. The City prosecutor can file
the case himself
ii. Or ask another prosecutor to
do the same
Remedies: The aggrieved party can file a petition for
review with the DOJ: A verified petition for review to the
Secretary of justice and furnishing thereto the appealed
resolution. The Petition for review with the DOJ shall be
taken within fifteen days from the receipt of resolution or
denial of the MR or reinvestigation if one has been filed
within 15 days from the receipt of resolution.
DOJ level: c. When the person arrested is a prisoner
that escaped from a penal establishment
1. No case filed in court: DOJ can order the
or place where he serves final judgment
prosecutor to either file or refrain from the filing
or is temporarily confined while the
of the case
case is pending or has escaped from
2. If the case is in court. The DOJ orders the
one confinement to another brought to
prosecutor to file a petition to dismiss the same in
the nearest police station or detention
court. Which the court has discretion to do so.
facility
 Note the filing of the petition for review with the
2. Brought to the inquest prosecutors . An inquest is
DOJ will not interrupt the filing of the case in
an informal and summary investigation that is
court
conducted by a public prosecutor in a criminal
When is Preliminary Investigation necessary? When there case involving a person arrested and detained
is a penalty prescribed by law is at least four years , two without the benefit of the warrant of arrest.
months and one day without regard to a fine.
Manila or Outside a. Determination
any Manila or i. Release: Preliminary
chartered any investigation
City chartered ii. Detain: Filing of the criminal
city information because probable
cause exist. This is to be
1. Preliminary Office of Office of approved by city prosecutor
Investigation the the 3. Option of detained suspect
prosecutor prosecutor a. Ask for preliminary investigation:
( 4 years two months and
one day without regard to a Waiver of article 125 as there are
fine) certain periods only as to how long the
person is to be detained
2. No preliminary Office of Office of
investigation but the the Article 125
the case is filed in Prosecutor Prosecutor ( 1. Crime punished by correctional penalty within 18 hours
Prosecutor Direct
filing) 2. Crime punishably by light penalty with 12 hours
3. Crime punishable by afflictive or capital punishment
3. Summary Prosecutor Office of
within 36 hours.
Procedure : No the
preliminary prosecutor
investigation direct filing
with the b. Allow the filing of the information and
MTC then ask for the preliminary
investigation within five days from the
Prescription of Offenses: knowledge of the filing of the
information.
1. Ordinary offenses: Interrupted by the filing of the
complaint in the Fiscal
2. Special law: Interrupted by the filing of the When warrant of arrest may issue
complaint with the prosecutor ( Securities and
BP22) RULE 113
3. Ordinance: Interrupted only as to filing of the
case in court
There is no warrant of arrest in
Rule 113: Arrest 1. Fine
1. Warrantless arrest 2. Summary procedure except if the accused failed to attend
a. When in his presence the person to be trial
arrested is committed, is actually Arrest
committing or is attempting to commit
an offense. Brought to the nearest Definition of arrest. — Arrest is the taking of a person into
police station custody in order that he may be bound to answer for the
b. When an offense had just be committed commission of an offense. (1)
and he has probable cause to believe Warrant of arrest “There is no expiration date this is valid
based on personal knowledge of facts until the accused is arrested. An arrest may be implemented
and circumstance that the person at any time.
arrested has committed it brought to the
nearest police station How is an arrest made
1. Actual restraint of a person to be arrested
2. Submission to the custody of the person making the
arrest.
Note: It is enough that there be an intention on the part of
one of the parties to arrest the other and that there be an
intent on the part of the other to submit under the
impression that the submission is necessary. Therefore,
application of actual force, manual touching of the body
and physical restraint nor formal declaration of arrest is not
required for the arrest to exist.
Persons not entitled to arrest
1. Senators, and members of the House of
Representative: Provided that the offense is punishable by
not more than six years imprisonment.
2. Sovereign, and other chief of state: Those which are
accepted by the principles of international law are immune
for criminal jurisdiction of the country of their assignment
and are therefore immune for arrest.
3. Duly accredited ambassador: Their duly registered
domestic subject to reciprocity
Requisite for the issuance of warrant of arrest
1.It is mandated that a warrant of arrest shall issue only
upon the finding of probable cause determined
personally by the judge.
Definition:
1. Probable cause : Such facts and circumstances that
would lead a reasonable and prudent man to believe that a
crime is committed and that the accused is guilty of the said
crime.
2. Personal determination by the judge: Conducting a
personal examination of the complaint and the witness is
not required prior to the issuance of warrant of arrest.
Method of Arrest
It shall be the duty of the officer executing the warrant to
arrest the accused and deliver him to the nearest police
station.
1. When a warrant is issued by the judge, it is to be
delivered to proper law enforcement agency for execution.
a. The heard of the office shall cause the warrant
to be executed within ten days from the receipt
thereof.Within ten days, the officer makes a report stating
the grounds thereof. In case his failure to execute the
warrant he must provide the causes thereto.
2. When making an arrest, the officer shall inform the
person to be arrested
1. The cause of his arrest
2. The fact that warrant was issued.
Exception: This rule does not apply when
1. Flees 2. Forcibly resist 3. Giving of the information will
imperil the arrest.
Authority to issue summons
In cases when the officer cannot on his own make the
arrest, he has the authority to orally summon as many
person that would aid him to effect the arrest. Therefore,
every person summoned by an officer is required to give
the assistance requested provided that he can do so without
detriment to himself.
Cases when the Officer is inside the building
The officer can break into the building or enclosure if he is
refused admittance thereto after announcing his authority
and purpose. After entering he may break out from the
same place if necessary to liberate himself form the same
place.
Arrest Without Warrant
General Rule:A warrant is needed to validly effect the
same in cases of arrest.
2. Arrest by a private person
A private person must state the intention to arrest and the
cause of arrest. This information need not be given
under the same conditions as when it is an officer who
makes the arrest. The right to break into the building is
merely the right of the officer and not the individual
Where a warrantless arrest is made under the in flagrante
delicto and hot pursuit the person arrested without a
warrant is delivered to the nearest police staton.
Time of Making an arrest: An arrest may be made on any
day and at any time of the day or night .
Rights of a person arrested:
a. The rights to be assisted by counsel at all times
b. The right to remain silent
c. The right to be informed of the above rights
d. The right to be visited by the immediate members of the
family , by his counsel or by any non-governmental
organization, national or international
Probable cause: It has been defined as such facts and
circumstances which would reasonably discreet and
prudent man to believe that an offense has been committed
by the person sought to be arrest.
a. Warrant of arrest: A hearing is not necessary to
determine probable cause in a warrant of arrest. The
judge’s personal examination of the complaint and the
witness is not mandatory and indispensable to determine
the aptness of the warrant of arrest.
Vs: Search warrant: There is a requirement that the judge
personally examine the complaint and the witness
It is enough that the judge personally evaluates the
prosecutor’s report and supporting document that shows the
existence of probable cause for the indictment and on the
basis thereof based on the evaluation of the arrest issues a
warrant of arrest.
- If the judge finds probable cause he shall issue a
warrant of arrest or a commitment order I the
accused had already been arrested by a warrant
issued by the judge who conducted the
preliminary investigation or when the complaint
or information was filed pursuant to Section 6:
When the accused lawfully arrested without a
warrant :
Right to bail in Preliminary investigation
1. Bail may still be applied notwistanding the
waiver under article 125 of the revised penal code
and even if there Is no information yet to be filed
against him. The bail must however be filed in
the province, city or municipality where the
person arrested is to be held.
Rule 110: Prosecution of the Offense: Once the
information reaches the court.
Prosecutor :
1. Public Prosecutor: Interest of the state
2. Private Prosecutor: Concern of the offended party
as to the Civil Aspect of the case. They are still
under the control and supervision of the public
prosecutor.
Process:
RTC LEVEL
1. Once the information reaches the court
a. Dismiss the case when there is absence
of probable cause (Judicial
determination)
b. Issue warrant of arrest( Rule 112
Section 5) the judge has the duty to
determine probable cause in the
issuance of the warrant of arrest or
c. Conduct a hearing to determine its
presence
MTC level
1. Dismiss the case due to absence of probable
cause
2. Warrant of arrest or in lieu thereto conduct
hearing to issue summons.
Summary Procedure:
1. No warrant of arrest is issued except when
there is a repeated notice to appear but the
same was not headed.
Sufficiency of Complaint or information
Whether the indictment contains elements of the offense
intended to sufficiently appraise the defendant as to the
charge.
1. If it states the name of the accused
2. Designation of the offense given by the statute
3. Act or omission complained of as constituting the
offense
4. Name of the offended party
5. Approximate date of the commission of the
offense
6. Where the offense is committed.
7. Aggravating circumstance and other qualifying
circumstance must state the ultimate fact or
reference to the resolution that finds probable
cause.
Ex: The allegation of the qualifying circumstance alleging
treachery must include or have reference to the
circumstance to the pertinent portion of the resolution
finding probable cause ( Ultimate facts)
People vs Solar: An information filed in court shall be
supported by affidavit, counter affidavit of parties and their
witness along with supporting evidence of the resolution on
the case ( Rule 8 a)
Notes:
1. If the information is insufficient: File a bill of
particulars
2. If the information does not charge: Motion to
quash ( Rule 117).
Section 5: Who must prosecute criminal action
All criminal action are to be prosecuted under the discretion
and control of the prosecutor. The private prosecutor
however cannot impose his opinion to the trial court as
ultimately it is the court who decides.
Private Crimes: the case cannot be prosecuted except
upon a complaint filed by the offended party.
Examples:
1. Chastity, concubinage, adultery, seduction and
abduction
2. Defamation
1. Concubinage and adultery: Only the offended
spouse can prosecute. The offended party cannot
institute a criminal prosecution without including
both the guilty parties if they are both alive nor in
any case have pardoned the offender.
2. Seduction, abduction acts of lasciviousness:
a. By the offended party even if the later is a
minor
b. By parents, grandparents or legal judicial
guardian
c. By the state pursuant to parens patriae
 BAIL
Warrant of arrest
1. As a matter of right
a. In all cases in the MTC, MUTC
Intervention of the offended party in criminal action
b. In the RTC before conviction if
General Rule: where the civil action for recovery of civil the penalty is not death, life
liability is instituted in the criminal action the offended reclusion perpetua
party may intervene by counsel in the prosecution of the 2. As a matter of discretion
offense a. Upon conviction by the Regional
Trial Court of an offense not
punishable by death, reclusion
Exception: The offended party may not intervene when
perpetua, life imprisonment
1. Where from the nature of the crime and the law defining
admission to bail is discretionary.
or punishing it no civil liability arises in favor of offended
b. If the penalty imposed by the trial
party
court exceeds six years the
2. Where the offended party has waived his right to civil
accused is to be denied bail or his
indemnity
bail is cancelled upon showing
3. Where the offended party has reserved his right to
that :
institute a separate offense
1. He is a recidivist, quasi recidivist and habitual
4. Where the offended party has already instituted said
delinquent or has committed the crime
action
aggravated by the circumstance of reiteration
2. That he has previously escaped from legal
Rule 111: Prosecution Of Civil Action: confinement evaded sentence, or violated the
provision of bail
Institution of Criminal and Civil Action 3. That the circumstance of the offense while under
probation, parole or conditional pardon
When the criminal action is instituted the civil action for 4. That the circumstance indicate flight risk
the recovery of civil liability shall be deemed to be 5. Undue risk that he may commit another crime
instituted with the criminal action unless there is 1. Waiver during the pendency of the appeal
2. Reserves the right to institute it separately 3. Institute
civil action prior to criminal action. Q: If the decision of the trial court convicting the
Instances where reservation to File Civil Action accused changed the nature of the offense from
separately not allowed non-bailable to bailable the application of bail
1. BP 22 can only be resolved where?
2. Cases cognizable by the Sandiganbayan
3.. Tax cases 3. BAIL ABSOLUTELY PROHIBITED
Filing Fees: No payment of docket fee, actual damages When the offense is punishable by
there can only be payment of moral and exemplary damage.
If this is not specified in the complaint there is no need to a. Death
amend the complaint as it will only constitute a lien on the b. Reclusion perpetua
judgment. c. Life imprisonment
BP22: The party shall pay docket fee for all damages *When the evidence of guilt is strong proven by the
whether 1. Actual 2. Moral 3. Exemplary 4. Temperate prosecution
damage. There is no counterclaim, cross claim and third Procedure:
party complaint
1. Surrender
Elements of the prejudicial question(Crim give way to 2. File a petition for bail
Civil) 3. Arraignment
1. The Civil action instituted prior to the criminal 4. Pre-trial
action 5. Summary hearing
2. It involves an issue that is similar to or intimately 6. Burden is on the prosecution to prove that the
related to the subsequent criminal action. evidence against the accused is strong
3. The resolution of issue determines whether the 7. A petition for bail is resolved within 30 calendar
criminal action proceed days from the date of its hearing except in drug
4. The Jurisdiction to try said question must be cases where it is only twenty calendar days.
lodged in another tribunal.
Affidavit of undertaking :
Note: Prohibited motion: Petition to suspend the criminal Definition: The security given from the release of a person
action on the ground of prejudicial question when no civil in custody of the law, furnished by him or a bondsman to
case has been filed pursuant to Rule 111 Section 11
guarantee his appearance before any court as required
under certain specified condition.
a. Since bail is the security for the release of the person
under the custody of the law. It is evident that it is not
intended to cover the civil liability of the accused in the
same criminal case. The money deposited as bail may
however be applied to the payment of fines and cost while
the excess must be returned to the accused or to whoever
made the deposit.
8. Section 2. Conditions of the bail; requirements.
— All kinds of bail are subject to the following
conditions:
9. (a) The undertaking shall be effective upon
approval, and unless cancelled, shall remain in
force 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;
10. (b) The accused shall appear before the proper
court whenever required by the court of these
Rules;
11. (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; and
(d) The bondsman shall surrender the accused to
the court for execution of the final judgment.
1. Bail In Military: The right to bail is not recognized or
available in the military, as an exception to the general rule
embodied in the bill of rights. The right to speedy
disposition is given more emphasis in the military
2. Bail in extradition proceeding: bail is not a mater of right
in extradition cases. However, the judiciary has the
constitutional duty to curb grave abuse of discretion to
protect the constitutional right. ( Consti right prevails)
The bondsman shall surrender the accused to the court for
execution of the final judgment. The bonds man may arrest
him or upon written authority endorsed on a certified copy
cause him to be arrested
An accused released on bail may be re-arrested without
necessity of a warrant if he attempts to depart from the
Philippines without permission of the court where the case
is pending.
Bail To Guarantee appearance of the Witness
As a general rule, bail does not apply to a person
who is not in custody of the law
Exception:
1. Bail to secure the appearance of a material
witness does not require prior custody of the law.
The witness may be ordered to post bail even if
he is not under detention.
2. The court may require the witness to post bail
when there is a substitution of criminal
information.
Bail for those Not yet charged
What entitles a person to bail is his being under the custody
of law - This includes those which are not yet charged
with the court in the province, city or municipality where
he is held. ( As long as one is already deprived of his
liberty)
Effect of FAILURE TO Appear at the trial
The failure of the accused to appear at the trial without
justification despite due notice is deemed as a waiver of his
right to be present and the trial may proceed in absentia.
Q: Can bail be granted before arraignment?
No. The bail must not be conditioned upon prior
arraignment of the accused. In cases where bail is
authorized bail must be granted before arraignment or else
the accused is precluded to file a motion to quash which is
done before a n arangmnet,.

Forms of Bail
Exception to “ No bail rule” 1, Corporate Surety A domestic or foreign
1. That once granted bail the applicant will not be a flight corporation which is
risk. licensed as a surety and is
authorized may provide bail
2. That there exist special humanitarian, and compelling by bond subscribed jointly
circumstance including the matter of reciprocity those cited by the accused and an
by the highest court in the requesting state when it grants officer of the corporation
the provisional libery in extradition cases. that is authorized by the
board of directors
This issue can also be treated as a modern trend in treaty 2. Property Bond A property bond is an
obligation of the Philippines concerning respect for the undertaking that is
promotion and protection of human right constituted as a lien on real
property given as security
Bondsman for the amount of bail.
The bail may be furnished y the bail applicant himself or by Within ten days form
a bondsman. theapproval thereof, the

accused shall cause the
annotation on the certificate
of titile on file with the
Registry of deeds
3. Cash Deposit Bail may alsobe in the form
of cash deposit. The
accused or any person
acting in his behalf may
deposit in cash with the
nearest collector of internal
revenue or provincial city or
municpal treasurer or clerk
of court.
4. Recognizance The obligation of record
entered into before some
court of magistrate duly
authorized with the
condition to do some
particular act the most usual
condition tis to appear in
trial
Guidelines in fixing the amount of bail
1. The basic rule in fixing the amount of bail is that
excessive bail is not required. In fixing bail it is
enough that the same is high enough to assure the
presence of the accused but not higher than is
reasonably calculated to fulfill such purpose.
Grounds:
Financial ability of the accused to give bail.
Nature and circumstance of the offense
Penalty for the offense charged
Character or reputation of the accused
Age and health of the accused
Weight and evidence against the accused
Probability in appearing in trial
Forfeiture of other bail
The fact that the accused is a fugivitive
Pendency of the other cases where the accused is on
bail.
NB: If the accused cannot pay the bail , he or she may
move for the reduction submitting for that purpose
such document and affidavit as may warrant the
reduction it may seek.Note : The order fixing the
amount of bail is not appealble
Where the application for bail may be filed
GENERAL Rule: The application for bail may be filed
with the court where the case is pending
Exception: Where the accused is arrested in the
province, city or municipality OTHER than where
ethe case is pending, the application for bail may be
filed with he RTC of the said place. If there is no
judge then with the Metcc or Mutc
3. If the bail is filed with the court other than where
the case is pending, the judge who accepted the bail
forwards it together with the order of release and other
supporting papers to the court where the case isp
pending
Increase or reduction of bail
Even after the accused is admitted to bail the amount
of bail may be increased or reduced by the court upon
good cause. The increased amount must be given
within a reasonable period if the accused wants to
avoid being take to custody ( Section 20 Rule 114).
Upon filing of the complaint or information the
accused is released without bail, he may later be
required to give bail in the amount fixed by the court,
whenever at any subsequent stage of the proceeding a
strong showing of guilt is shown.
Forfeiture of Bail
One of the conditions in granting of the bail is for the
accused to appear before court. Hence, when he is
required to be present in court, the bondsman shall be
notified to produce him before the court before any
given date or time.
Hence if he fails to appear in a person as required, his
bail shall be declared forfeited. The bondsman shall b
given thirty days within which to produce their
principal and show cause as to why no judgment must
be rendered against them for the amount of bail.
The bondsman must within the period :
1. Produce the body of the principal or give the reason
for non-production
2. Explain why the accused did not appear in court
when first required to do so. Failing in these two
requirement a judgment is rendered against the
bondsman jointly and severally for the amount of bail.
The application of Bail is a bar to the objection of the
arrest
Section 26 Rule 114: An application for bail or
admission thereof y the accused shall be considered as
a waiver of his right to assail the warrant issued for his
arrest on the legalities and irregularities thereof.
Notes:
1. If the accused had already served his maximum
sentence: He will have to be released
immediately without prejudice to continue the
case
 2. If personal service minimum is served: Reduced Effect of Death:
bail and recognizance
1. Before plea
Forfeiture of the Case Cancellation a. Criminal case is terminated but the civil
aspect f the case proceeds
If the accused fails to 1. The bail may be 2. After plea
appear in person as required cancelled upon a. The case is terminated and the civil
his bail is to be declared as surrender of the aspect arising thereto is terminated as
forfeited and his bondsman accused and proof well. Except those arising from other
is given thirty days to of his death source of obligation
produce and sho cause why 2. Acquittal of the 1. Law
no judgment is to be accused 2. Contract
rendered against him. 3. Dismissal of the 3. Quasi-delict
action 4. Quasi Contract
The bondsman must
4. Execution of
produce: REDOKETED :The ff may be continued against the estate
judgment and
1. The body of the conviction or legal representative of the accused upon proper
principal and give substitution or against the said estate as the case may be .
reason for non The heirs may be substituted for the deceased without
production requiring the appointment of the executor and substituted.
2. Explain why the Right of the Accused
accused did not
appear Scope: What may be waived . 1. The right to remain silent
Failing to do so the and the right to counsel, but not the right to be informed of
judgment is rendered the nature of the offense against him.
against the bondsmen
jointly and severally for the 1. To be presumed innocent until the contrary is proven
amount of bail. The court
shall not reduce or mitigate 2. To be informed of the nature and causes of the
the liability of the latter accusation against him
3. To be present and defend n person and by counsel at
every stage of the proceeding, from arraignment to the
Accused out on Bail: The bondsman can arrest ,him upon promulgation of judgment.
written authority endorsed on a certified copy of the
undertaking and cause him to be arrested by a police officer 4. To testify as a witness in his own behalf but subject to
or any person of suitable age. cross examination over matters that are covered by direct
examination. His silence does not prejudice him.
Bail after final judgment
5. To be exempt from being compelled to be a witness
1. No bail after judgment of conviction has been against himself
final is allowed. If before the finality the accused
applies for probation he may be allowed 6. To confront or cross examine the witness against him at
temporary liberty under his bail When no bail is trial.
filed the accused is incapable of filing the court 7. To have a compulsory process issued to secure the
allows his release on recognizance to the custody attendance of the witness and production of other evidence
of a responsible member of community. Note that in his behalf
no bail is granted when the accused is serving
sentence. 8. To have a compulsory process issued to secure the
attendance of the witness and production of other evidence
Amendment or substitution on his behalf
*It is the prosecutor office that will amend the information 9. To have a speedy, impartial and public trial
1. Before plea 10. To appeal in all cases allowed and in any manner
a. Form prescribed by law.
b. Matters of substance  New
Preliminary investigation.
2. After plea Presumption of Innocence
a. Only as to the matters of form as long
as it will not prejudice the right of the Under the Constitution, the accused enjoys presumption of
accused ( With leave of court) Eg: Date innocence and this presumption prevails over the
of comisison of the crime of rape. presumption of regularity in the official duties. Therefore,
1. Exclusions and downgrading: 1. Motion by the as a general rule, the testimony of the police officer who
prosecutor with notice to the offended party and apprehended the accused is accorded full faith and
with leave of court credit because there is a presumption that they
performed their duties regularly. However, if the
performance is tainted with irregularities, such presumption
of effectively destroyed.
Proof Beyond Reasonable Doubt
Every criminal proceeding conviction requires the ff
1. The fact of the crime ( all elements are present
2. That the accused is perpetrator of crime
Proof beyond reasonable doubt: does not mean such a
degree of proof as excluding possibility of error produces
absolute certainty. Moral certainty is only required or
degree of proof sufficient to produce conviction of an
unprejudiced mind.
Effect of Plea of Self-Defense
GENERAL Rule : The burden lies upon the prosecution to
prove the guilt of the accused beyond reasonable doubt
rather than upon the accused that he was in fact innocent.
Exception: 1. The burden of evidence shifts to the
accused when there is an allegation of self defense this
must be proven by clear, satisfactory and convincing
evidence that excludes any vestige of criminal aggression.
Right to be informed of the nature and causes of
accusation
1. Must state the name , surname of the accused, or any
appellation or nickname by which he has been known and
if his name cannot be ascertained to describe him under a
fictitious name.
2. To state the name , surname of the offended party or any
appellation or nickname by which such person has been or
is known and if there is no other way to describe him, a
fictitious name , or a judicial person it is sufficient to state
its name, or any name designated .
3. To state with sufficient clarity the acts or omission
constituting the offense to enable the accused to know the
offense he is being charged with.
The terms constituting the offense need not be stated in the
same manner constituting the ones provided for in the
statute, it is sufficient to enable a person of common
understanding to know what the offense being charged
and the attendant qualifying and aggravating
circumstance.
4. To state also in ordinary and concise language the
qualifying and aggravating circumstance
The accused must be informed of the nature and causes of
accusation against them: ( element of the crime +
qualifying and aggravating). Hence, circumstances not
specifically alleged cannot be appreciated
5. To sufficiently allege that the crime was committed or
its essential ingredients occurred at some place within
the jurisdiction of the court.
6. To allege the date of commission of the offense, such
acts or omission constituting the offense which date may
be one as near as possible to the actual date of the
commission except when the precise date is material
ingredient to the offense
There is also a violation of the constitutional right of the
accused to be informed of the nature of the offense charged
when there is a variance between the dates of the check an
alleged in the information. ( Date is only material when it is
an essential ingredient to the crime which in this case is
BP22)
7. In offense against property, if the name of the
offended party is unknown the property must be
described with particularity.
Estoppel: When the accused actively participated in the
proceeding indicates that the accused was fully aware of
the charges against him otherwise his counsel would
have objected and informed the court of the same .
Right to Counsel
There is no need to be an accused to enjoy this presumption
,e very person under the custody of law enjoys the right.
Any person arrested, detained or under custodial
investigation shall at all times be assisted with a counsel.
A. When is there a custodial investigation? When the
investigation ceased to be a general inquiry into a
unsolved crime and begins to focus on a particular
suspect the suspect is taken into custody and the police
carries out a process of interrogation that lend itself to elicit
incriminating statement.
No custodial Investigation
1. When a person is placed in a police line up “The right to
counsel may not be claimed yet. Because in a police line
up, the process has not yet shifted from investigatory to
the accusatory and it is usually the complainant who is
interrogated and who gives a statement during the line up.
BUT: the police line up no longer is a general inquiry if it
begins to focus on a particular suspect taken into custody
by the police who starts the interrogation and propounds
question to the person to elicit incriminating statement.
WAIVER : The right to counsel may be waived, but to Remedy where the accused is not brought to trial within
insure that the waiver is voluntary and intelligent the the time limit
waiver must be in writing and in the presence of the
1. If the accused is not brought to trial within the time limit
counsel and the accused.
prescribed under the Rules, the information may be
dismissed on the motion of the accused on the ground of
denial of his right to speedy trial.
Competent and independent counsel
a. The accused has the burden of proving the
The lawyer must be competent and independent and must
motion but the prosecution has the burden of proving the
be engaged from the beginning to an end at all stages.
evidence to establish the exclusion of time under Rule 119
An extrajudicial confession executed by a suspect assisted
Section 3. If fhe accused failed to move for the dismissal
by a counsel who failed to meet the existing standards of an
it constitutes as a waiver
independent and competent counsel is deed as uncounseled
confession Continuance :
1. Whether the failure to grant such continuance in the
proceeding would likely to make a continuation of such
Q: What is the consequence if the confession or admission
proceeding impossible, or result in a miscarriage of justice
was obtained in violation of the foregoing rights of the
person under custodial investigation
2. Whether the case taken as a whole is so novel or unusual
and so complex due to the number of accused or the nature
A: Any confession or admission obtained in violation of
of the prosecution or otherwise that it is unreasonable to
foregoing rights of the person under custodial investigation
expect adequate preparation within the time prescribed.
is inadmissible as evidence

Right to speedy disposition: All cases

Right to Counsel In administrative case : Not required
The right to speedy disposition applies to all cases
There is no such requirement in administrative proceeding
whether judicial, quasi judicial or administrative bodies.
for a counsel. A party in an administrative proceeding may
The right to speedy disposition of cases is not limited to the
or may not be assisted by counsel. The administrative body
accused in criminal proceeding but extends to all parties in
is under no duty to provide the person with a counsel.
all cases, be it civil administrative in nature as well as all
Right to a speedy trial : ( Criminal cases)* Acquittal for proceeding either judicial or quasi judicial .
Dj PURPORSE
A Judge illness should not be an excuse for his failure to
The right to a speedy trial is the right of an accused in a render the corresponding decision or resolution within the
criminal case it cannot be invoked by someone who is not prescribed period. The demands of public service cannot
an accused. abide by his illness. Therefore, in case of poor health, the
judge needs to ask the SC for an extension of time to decide
When is a right to speedy trial deemed violated ?
cases.
The right to a speedy trial is deemed violated only when the
proceedings are attended by vexatious, capricious and
oppressive delays or when unjustified postponement of Effect of violation of speedy disposition: A criminal case
the trial are asked for and secured or when without just case may be dismissed for violation of the right of a person to
a long period of time is allowed to elapse speedy disposition of cases ( it violates the constitutional
right to due process and speedy disposition of cases is
violated)
FACTORS :
1. Duration of the delay
Right to Speedy Trial Speedy disposition
2. Reason therefore
1.Duty of the court to see to
3. Assertion of the right or failure to assert it it that the case is concluded
4 . Prejudice caused with specific time
a. Arraignment to pre-trial
( 30 days)
Effect of violation of speedy trial
b. Pre-trial prosecution has
The dismissal based on a violation of speedy trial is the right to present evidence
equivalent to an acquittal and double jeopardy may within 30 days
attach even if the dismissal is with the consent of the
accused c. Accused present evidence
within 30 days
d. The case is to be
 2. The right to self incrimination is a prohibition for the use
submitted for decision for a
of physical and moral compulsion to extort
period of 90 days
communication from him and not the exclusion of his
Total of 180 days body as evidence.
Note rule 119 ( Section 3 2. This can be involved in any proceeding ,civil or
exclusion from the time) criminal administrative or judicial. Investigatory
The following period resulting to delay is excluded from 3. The taking of the witness stand of the accused waives the
the computation privilege of the right to self incrimination
1. Any period of delay resulting from other
proceeding concerning the accused ( due to the Q: The rule is that the right against self -incrimination is a
fault of accused) prohibition against testimonial compulsion. Cases where
a. Delay resulting from examination of the physical non-testimonial compulsion has been allowed reveal,
and mental condition of the accused however, that the pieces of evidence obtained were all
b. Delay resulting from proceeding with respect to material to the principal causes of the arrest.
criminal charge against the accused
c. Delay resulting to extraordinary remedies against
interlocutory order TO testify as a witness in his own behalf but subject to
d. Delay resulting from pre-trial proceeding cross examination on matters covered by direct
provided that it does not exceed 30 days examination ( If kunwari may denial ) . His silence does
e. Delay resulting from the order of inhibition or not prejudice him
proceeding relating to the change in venue or
transfer from other court Q: An accused who testifies in a direct examination is
f. Delay reasonably attributable to any period not subject to cross examination an accused on the subject to
exceeding 30 days during which any proceeding direct examination.
concerning the accused is under advisement A: Here the question was on the matter not covered by
g. The delay attributable to the absence of the direct examination which dealt only with Simple denial.
essential witness
h. Any period of delay resulting to mental Q: Raulo accused of falsification of public document
competence or incompetence of the accused to testified on his own behalf . On cross examination, he was
stand trial asked to take the diction in his own writing
Privilege against self incrimination : a. If Raulo denied falsifying the public document, then he
can be compelled to take the dictation. An accused who
No person shall be compelled to witness against himself takes the witness stand is subject to cross examination on
Compulsion : Pressure that operates to overbear his will matters covered by direct examination and to such extent
disable him from making a free and rational choice or is deemed to have waived the privilege of self
impair his capacity to make rational judgment would be incrimination
sufficient to constitute as compulsion. b. If Raulo had not denied the falsification of public
document : Then he cannot e compelled to take the
dictation.
Accused Ordinary Witness
The accused may An ordinary witness may be
altogether refuse to take compelled to take witness Incriminatory Nature of force re-enactment
the witness stand and stand and claim the Force re-enactment like uncounseled and coerced
refuse to answer all privilege as each question confession come within the ban against self- incrimination .
question requiring incriminating Thus all evidence based on such re-enactment are deemed
answer is shot at him. to be a violation of the Constitution and hence incompetent
evidence.
The right to self incrimination only pertains to those
statements that are incriminatory in character it cannot be Incriminatory nature of writing exemplars or samples
claimed at some other time. IT does not give a witness the
right to disregard a subpoena and decline appearance n Writing is something more than moving of the body of the
court. hands or the fingers writing is not a purely mechanical act
because it requires the application of intelligence and
attention and I the case at bar, writing means that the
Scope: petitioner herein is to furnish a means to determine whether
or not he is clearly the falsifier .
1. only pertains to those testimonial compulsion or
compelled testimony of communicative in nature.
Claim by the Witness :
The right against self -incrimination is not self executing or
automatically operational , It must be claimed . If not
claimed by or in behalf of the witness the protection
does not come to play
Waiver
1. This may be waived. If the accused refused to testify , if
he testifies in his own behalf he may be cross examined in
cross examination
2. To be effective the waiver must be 1. Unequivocal 2.
Intelligent 3. Understandably 3. Willingly made.
i. Transactional Immunity
Definition. In short, Transactional Immunity ,protects the
witness from future prosecution for crimes that relate to his
or her testimony. ( complete immunity)
ii. Use and fruit immunity
The prosecution is prevented only from using the witness
own testimony or any evidence derived from the testimony
against the witness. However, if the prosecutor acquires
evidence substantiating the crime, independent from the
testimony of the witness, the witness may be prosecuted.
( independent evidence)
Right of the accused to defend himself : right to be
present at trial ; right to be heard.
1. An accused is accorded the right to defend himself either
in person or by counsel. As a consequence of suc right he
has the right to be present at every stage of the proceeding
form arraignment to the promulgation of judgment
2. The waiver of the right of the accused to be present may
be inferred from his absence without justifiable cause
provided
Waiver
1. The absence of the accused without justifiable cause at
the trial of which he had notice shall be considered a waiver
of his right to be present thereat.
2. When an accused under custody escapes, he shall be
deemed to have waived his right to be present in all
subsequent trial ate until custody over him is regained.
- Upon motion the accused may be allowed to
defend himself in person when it sufficiently appears to the
court that he can properly protect his right without
assistance of counsel.
ARRAIGNMENT AND PLEA
1. Arraignment : Is the formal mode and manner of
implementing the constitutional right of the accused to be
informed of the nature and cause of accusation against him.
Q: What is the effect of absence of arraignment?
A: Nullity of the proceeding before the trial court.
Here, it is required that the accused himself personally
appear in the proceeding. The rules of court prohibits the
counsel form entering a plea on behalf of the accused
Suspension of arraignment
1. When the accused is of unsound mind
2. When there is a prejudicial question
3. Petition for review pending with the DOJ
4. Accused do not follow the consequences of the
plea
Note: Motion to suspend arraignment based on the ground
not stated under Section 11 Rule 116 shall be considered as
unmeritorious and denied outright.
Duty of the Court before arraignment
1. Inform the accused of his right to counsel
2. Ask him if he desires to have one.
3. Must assign a counsel de oficio to defend him unless the
accused
i. Allow to defend himself in person
ii. Employed counsel of his own choice
 This rule is mandatory the only instance when
counsel is not mandatory is when he waives the
right in court.
Options of the Accused BEFORE arraignment
a. Bill of Particulars:
This is filed to make the allegation more specific. Move for
bill of particulars to enable him to properly plead and
prepare for trial. The motion shall specify 1. The alleged
defects of the complaint or information 2. Specify the
details desired.
c. Motion to Quash: The accused may move to quash the
complaint or information on any of the grounds provided
under Rule 117.
d. Challenge the validity of arrest or legality of the
warrant:An objection against an arrest or the procedure in
the acquisition by the court of jurisdiction over the person
of an accused must be made at or before arraignment. The
arraignment of the accused constitutes as a waiver of the
right to preliminary investigation or reinvestigation.
*the arraignment of the accused is a waiver to the right of
preliminary investigation.
Arraignment under Amended Information
General Rule: If the information was substantially amended
an arraignment on the amended information is mandatory
because the accused has the constitutional right to be
informed of the nature and causes of accusation against
him.
Exception: There is no need for another preliminary
investigation and the retaking of the plea is the amendment
is only as to form.
How Arraignment and Plea are Made

1. The arraignment is made in open court ( where the
complaint or information is filed) by the judge or clerk by
furnishing the accused with a copy of the complaint or
information reading the same in the language or dialect
kwon to him and asking him whether one is guilty or not.
2. The arraignment is to be made 30 days after the time the
court acquires jurisdiction over the person of the accused
unless a law provides otherwise.
Other Instance where arraignment is held within a shorter
period:
1. Where the complainant is about to depart from the
Philippines with no definite date of return.
2. Cases of child abuse, the trial must be commencedwithin
three days from arraignment
3. Cases under the Dangerous Drugs act
4. When the accused is a child in conflict with the law
under Section 27. The arraignment shall be scheduled
within seven days from the date of the filing of the
complaint or information within the Family Court.
* Jurisdiction over the Person of the accused- Acquired
form arrest or voluntary appearance.
* note : Active participation of the counsel without raising
objection that his client had yet to be arraigned is a waiver,
3. If the accused pleads not guilty: He shall state whether
he impleads and affirmative or negative defense. A
negative defense shall require the prosecution to prove his
guilt beyond reasonable dubt. A affirmative defense
modifies the order as the accused needs to prove such
evidence though clear and convincing evidence ( Ex: Self -
Defense).
When the accused is under preventive detention , his case
shall be raffled and its records transmitted to the judge to
whom the case was raffled within three days from the filing
of the information or complaint. The accused shall be
arraigned within ten days from the date of the raffle and the
pre-trial conference shall be held 10 days after arraignment.
When arraignment shall be made? Arraignment and pre-
trail shall be set within 10 calendar days from the date of
the receipt of the court of the case for a detained person
and within 30 calendar days from the date the court
acquires jurisdiction over a non-detained person,
General Rule: The arraignment must be held before trial
Exception:
1. Arraignment before trial: As to when the counsel of the
accused failed to object lack of arraignment during trial 2.
Counsel of the accused had full opportunity to cross
examine the witness but did not do so.
Here, there is no need for arraignment, the at of the
accused of participating in the trial implies that he
understood the nature and cause of accusation against
him.
2. Arraignment after trial: The appellant was arraigned after
the case was submitted for decision, The argument of the
appellant that he was not arraigned cannot prosper. The
defect was cured when the counsel participated in th trial
without raising clear objections thereto.
* the participation in the trial means that the arraignment
issues are waived : He is deemed to have understood the
cause or accusation against him
Conditional Arraignment before the Sandiganbayan
Conditional or provisional arraignment does not give rise to
double jeopardy where as the precondition to being allowed
to travel abroad, the petitioner agreed to waive his right
against double jeopardy in case as substantial amendment is
necessary
Plea Bargaining
Is a process whereby the accused and the prosecution work
out a mutually and satisfactorily disposition of the case
subject to court approval. It usually involves the defendant
pleading guilty to a lesser offense or only one or some of
the court of a multi-court indictment in return for a lighter
sentence than that of a grave charge
Requisite:
1. Consent of the offended party
2. Consent of the prosecutor
3. Plea to a lessor offense which is necessary included in
the offense charged
4. Approval of the court must be obtained.
Presence OF THE Accused : The accused must be present
at arraignment and must personally enter his plea.
Requirement: Offended party must appear
1. Plea bargaining.
2. Determination of civil liability
3. Other matters requiring his presence.
If the offended party does not appear, the court allows the
accused to enter his plea of not guilty which is necessarily
included in the offense charged.
When the plea of not guilty shall be entered
1. If the accused refuse to plead
2. Makes a conditional plea
When the accused pleads guilty provided he is given a
lesser penalty, it is not a plea to plea to lesser offense. It is a
plea tha\t made condition on the penalty to be imposed. A
plea of guilty subject to the proviso that a certain penalty be
imposed upon him is equivalent to a plea of not guilty and
therefore would require a full blown trial before judgment
may be rendered. Being a conditional plea, the trial court
must have vacated such a plea and entered a plea of not
guilty.
3. Pleads guilty but presents exculpatory evidence which
case the guilty plea shall
4.be deemed withdrawn and a plea of not guilty must be
entered.
5. When the plea is ambiguous.
Plea of Guilty as judicial Confession:
A Plea of guilt is a judicial confession of guilt. It is an
admission f all the material facts alleged in the information
including the aggravating circumstance ( PLEA includes
aggravating)
Exception:
1. When the plea of guilty was compelled by violence and
intimidation.
2. When the accused did not fully understand the meaning
and consequences of his plea
3. Where the information is not sufficient to sustain the
conviction of the offense charge
4. Where the information does not charge an offense any
conviction thereunder being void
5. Where the court has no jurisdiction.
Plea of Guilty to a lesser Offense
A plea bargaining in a criminal case is a process whereby
an accuse and the prosecution works mutually satisfactory
disposition of the case subject to the court approval. It
involves the defendant pleading guilty to a lesser offense or
to only one or some of a multi-indictment in return to a
lighter sentence than that for a graver charge
Requisites:
1. The lesser offense is included in the offense charged.
2. The plea must be with the consent of both the offended
party and the prosecutor. The consent of the offended partyi
s not required if the said party despite due notice fails to
appear during trial.
3. The acceptance of an offer to plead guilty to a lesser
offense is not demandable by the accused as a matter of
right but as a sound discretion of the court.
The rule allows a guilty plea to a lesser offense not only at
arraignment but also after arraignment and after his prior
plea of not guilty Is withdrawn provided that the same be
made before trial.
Consent of the Prosecutor:
When the penalty imposable for offense charged is prison
mayor or higher or a fine exceeding P12,000 the trial
prosecutor must secure the consent in writing of the city
prosecutor or chief state prosecutor.
If the accused enters a plea to a lesser offense without the
consent of another party and the prosecutor and he was
convicted his subsequent conviction does not place him in
DJ.
Plea of Guilty Capital Offense
When the accused pleads guilty to a capital offense it is not
proper for the court to immediately render judgment on the
basis of the guilty plea. Instead:
a. The court conducts a searching inquiry to
1. Ascertain the voluntariness of plea
2. To ascertain whether the accused has full
comprehension of plea
3. To ask the accused if he wishes to present
evidence in his behalf and be allowed to do so if he
desires.
 Here the searching inquiry to determine whether
or not the plea was voluntary and that the
accused has full comprehension of the
consequences of the plea .
 The reception of evidence is mandatory however
the defendant after pleading guilty may not
present evidence as would exonerate him
completely from criminal liability such as proof
of self defense
Plea of Guilt Non Capital Offense
When the accused pleads guilty to a non-capital offense the
court receives evidence from the parties to determine the
penalty to be imposed. The court may upon motion allow
the presentation of evidence to prove the mitigating or
aggravating circumstance.
- In the case of Non-capital offense the reception
of evidence is discretionary to the court,
Improvident Plea of Guilt
A plea of guilt to a capital offense without the benefit of a
searching inquiry or an ineffectual inquiry oas required
under Rule 116. It has been held that if the court failed to
inquire as to whether the accused knowns the crime to
which he is charged and to fully explain to him the
elements of the crime constitute a violation of the right of
accused to due process.
Effect of Improvident Plea:
The improvement plea does not mean that the case must be
remanded to the trial court. This will only happen when the
plea of guilt is the sole basis for the conviction. If the trial
court has other evidence aside from the plea of guilt the
judgment is sustained.
Duty of the Court to inform Accused of his right to counsel
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 may ask
him if he desires to have an aid of an attorney
3. If he desires or is unable to employ one, the court must
assign the attorney de officio to defend him
4. If the accused desires to have one the court gives him
reasonable time therefore.
Bill of Particulars
The accused ma before arraignment move for the bill of
particulars to enable him to prepare and plead for trial. The
purpose of the bill of particulars is to supply vague facts or
allegation in the complaint or information to enable the
accused to properly plead or prepare for trial. It
presupposes that a valid information was filed but it is on
vague terms.
The motion for bill of particulars shall specify
1. The alleged defects in the complaint or information
2. Details desired by the accused
Note: Motion for bill of particulars that do not confirm to
the prescribed manner shall be considered unmeritorious
shall be denied outright
Bill of Particulars ( Criminal vs. Civil)
Criminal Case Civil Case
1. Enter a valid plea and to 1. To file a responsive
prepare for trial pleading not necessarily to
prepare for trial as the
respondent can opt for the
modes of discovery
2, Only the accused and not Either of the parties that
the offended party can file a will file responsive pleading
bill of particulars shall ask for bill of
particulars.
The Specification of the bill of particulars may supply are
only formal amendments to the complaint or information.
Where the facts charged are not only vague but lacking as
that they do not produce an offense the proper remedy is
motion to quash.
Production of material Evidence
Upon motion of the accused, showing good cause and with
the notice to the parties, the court in order to prevent
surprise, suppression or alteration may order the
prosecution to produce and permit the inspection and
copying or photographing of
1, Any written statement give by the complaint and other
witness in any investigation of the offense conducted by the
prosecution or other investigating officer as well as
2. Any material evidence which constitute and contain
evidence to any matter involved in the case under the
control of the ff :
a. Prosecution
b. Police
c. Other law investigating agency
Rule 116 allows a mode of discovery aside from those
allowed in other parts of rules of court. Section 10
authorizes the court to issue an order to prosecution to
produce and permit the inspection and copying or
photographing any written statement given by the
complainant and other witness in any investigation of the
offense conducted by the prosecuting or other investigating
officer.
Notes:
PP vs Pada
a. Plea of Guilt in a capital offense: Since death
penalty cannot be imposed there is a presumption
that the plea of guilt must not be based on the
procedure under Rule 116 Section 3. The court
ruled that No.
The Prosecution has the duty to present evidence to
determine the culpability of the accused:
1. Upon the plea of guilt the prosecution conducts a
searching inquiry as to whether the accused
knowns the consequences of the plea.
a. If the plea is SUPPORTED BY
STRONG EVIDENCE  Supported
by conviction beyond reasonable doubt
b. If the plea is not supported by strong
evidence: There is an acquittal.
c. If the prosecution did not present
evidence the court ask the prosecution
within ten days as to why he or she did
not present evidence . This rule is to
determine collusion.
Appeal from Conviction
1. Convicted plea of guilt and proof beyond
reasonable doubt: Sustained
2. If there is an improvident plea and the
prosecution presents evidence  remand the case
3. Basis solely on capital offense not proven guilt
Acquitted.
Motion to Quash
Definition: It is the mode by which an accused assails the
validity of a criminal complaint or information against him
for insufficiency on its face in point or law or defects which
are apparent in the face of information.
Test: Whether the facts alleged therein hypothetically
admitted will establish the essential elements of the crime
charged
General Rule: Evidence aliunde or other matters extrinsic t
o their face of the information are not to be considered
Exception:
1. A motion to quash based on double jeopardy
2. Additional facts not alleged in the information but
admitted or not denied by the prosecution may be invoked
to support a motion to quash.
When: This is made before the accused enters his plea
Who: This is made by the accused and not the prosecution.
General Rule: The accused may move to quash anytime
before entering his plea
Exception:
1. That the facts charged do not constitute an offense
2. That the court trying the case has no jurisdiction over the
crime charged
3. That the criminal action or liability has been
extinguished
4. The defendant is place on double jeopardy
5. The officer who filed the information has no authority to
do so.
Filing of Motion to quash results in the submission of the
person of the accused to the Jurisdiction of the court
General Rule: Filing of pleadings that seek the affirmative
relief such as motion to quash, required the voluntary
appearance of one’s person to the jurisdiction of the court.
Exception: ( One need not submit his person to the court )
1. Motion to quash a complaint or information on the
ground of lack of jurisdiction over the person of the
accused
2. Motion to quash a warrant of arrest.
Form and Contents
A motion to quash must be in writing ,it must be signed by
the accused or his counsel and shall specify distinctly the
factual and legal grounds therefore.
General Rule: The court shall consider no other ground
other than those stated in the motion except lack of
jurisdiction
Exception”:
1. That the facts charged to not constitute an offense
2. That the court trying the case do not have jurisdiction
over the offense charged
3.The criminal action or liability has been extinguished
4. That the accused was previously convicted by an offense
charged and the case against him was dismissed without his
consent.
Grounds. — The accused may move to quash the
complaint or information on any of the following
grounds:
(a) That the facts charged do not constitute an
offense;
The test to determine if the facts constitute an
offense is whether he essential elements of the
crime had been alleged.
* as a rule from the determination of the court
that the facts do not constitute an offense, the
prosecution shall be given by the court an
opportunity to correct the defect by amendment.
The motion shall be granted if the prosecution
fails to make the amendment or the complaint or
information suffers from the same defect despite
the amendment
(b) That the court trying the case has no
jurisdiction over the offense charged;
Venue in a criminal case is an essential element
of jurisdiction. The jurisdiction of a court over a
criminal case is determined by the allegation of
the complaint or information and the offense
must have committed or any one of its essential
elements took place within the territorial
jurisdiction over the court.
(c) That the court trying the case has no
jurisdiction over the person of the accused;
Jurisdiction over the person of the accused is
acquired upon either his apprehension with or
without a warrant or his submission to the
jurisdiction of the court. The jurisdiction over the
person may be waived expressly or impliedly
(d) That the officer who filed the information
had no authority to do so;
No information may be filed by an investigating
prosecutor without the prior written authority or
approval of the provincial or city prosecutor or
chief state prosecutor or ombudsman or his
deputy.
 (e) That it does not conform substantially to
the prescribed form;
Mere formal defects may be cured by amendment
at any stage of the trial . An information filed not
in the name of the PP but in the name of private
person is a mere defect in the form. Hence the
prosecution is given by the court an opportunity
to correct such defect by amendment and if the
prosecution fails to correct the same despite
amendment the motion to quash prosper.
(f) That more than one offense is charged
except when a single punishment for various
offenses is prescribed by law;
A complaint or information must only charge ne
offense except when the law prescribes a single
penalty for various offense
(g) That the criminal action or liability has
been extinguished;
(h) That it contains averments which, if true,
would constitute a legal excuse or justification;
and
(i) 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. (3a)
Amendment or complaint or information
1. If the motion to quash is based on the alleged defect of
the complaint or that the facts do not constitute an offense
the prosecution is given by the court the opportunity to
correct the defect through amendment. If the prosecution
fails to do so, a motion to quash is granted
* Note that the amendment must be made before
arraignment. After arraignment, the defect that the court
fail to establish court has jurisdiction are impermissible
Motion to Quash
1. Denied: The denied of the motion to quash is
interlocutory order and therefore not appealable. The denial
of the motion to quash means that the criminal information
remains pending with the curt which must proceed with the
trial to determine whether the accused is guilty of the crime
charged.
2. Granted: Motion to quash is granted the order to the
effect is a final order not merely interlocutory and is
therefore appealable at once.
Double Jeopardy:
1. A complaint or information filed before a court of
competent jurisdiction
2. Arraignment and plea
3. Acquitted or convicted without the consent of the
accused
DJ cannot be invoked when:
1. The graver offense resulted from a supervening
event
2. Facts constituting graver offense was discovered
after the plea
3. Plea of guilt without the consent of the prosecutor
and the offended party
a. Exception
i. When the offended party is
notified
ii. When the prosecution is
notified
iii. No appearance
Provisional Dismissal:
In provisional dismissal, the prosecution the defense and
the offended party in effect enter to an agreement for a
temporary cessation of hostilities. The express consent of
accused to provisional dismissal of a criminal case is a bar
subsequently asserting that the revival of the criminal case
place him on double jeopardy/
Time bar Rule:
Upon the lapse of the period for reinstatement the state is
presumed to have abandoned or waived his right to revive
the case and prosecute the accused. He can no longer be
charged anew for the same crime or another crime that is
necessary included therein. The state may thereby revive
a criminal case beyond the one year or two year period
provided that there is justifiable necessity for the delay.
Conditions sine quo non to application of time bar rule
1. The prosecution with the express conformity of the
accused or the accused moves for a provision dismissal of
the case or both the prosecution and the accused move for a
provisional dismissal of the case
2. The offended party is notified of the motion for a
provisional dismissal of the case
3. The court issues an order granting the motion and
dismissal the case provisionally and
4. The public prosecution is served with a copy of an order
of provisional dismissal of the case.
Period of Reinstatement
1. Offenses punishable by imprisonment not exceeding 6
years or a fine of any amount or both: 1 Year after the
issuance of the order of provisional dismissal.
2. Offense punishable by imprisonment of more than 6
years: 2 years after issuance of the order of provisional
dismissal.

Note: The order of dismissal shall become permanent one

year after service of order of dismissal on public prosecutor
who has control of the prosecution without the criminal
case having been revived. The public prosecutor cannot be
expected to comply with the timeline unless he is served
with a copy of the order of dismissal.

How to revive a case:

1. The re-filing of the information
2. The filing of a new information for the same offense or
one necessarily included in the original offense.

Failure to Move to Quash

The failure to assert any ground of a motion to quash before

he pleads either because he did not file a motion to quash or
failed to allege the same in said motion shall be deemed as
a waiver :
Exception: Non waivable offense
1. That the facts do not constitute an offense
2. That the court trying the case has no jurisdiction over the
offense charged
3. That the criminal liability has been extinguished
4. That the defendant will be placed in double jeopardy
5. That the officer who filed the information has no
authority to do so.
 Waiver of illegality of the arrest and inadmissibility of
evidence
When a person fails to make a timely objection to an illegal
arrest, only the right to assail the arrest is waived. He does
not want to waive the right to question the admissibility of
the evidence seized by virtue of the arrest.

SEARCHES AND SEIZURE

1. A search warrant is an order in writing issued by the
name of the People of the Philippines signed by the Judge
and directed to a peace officer, commanding him to search
for the personal property described therin and bring the
same to the court.

2. A search warrant is not a criminal action, or prosecution

but a special and peculiar remedy drastic in nature and
made necessarily because of public necessity. It resembles
John Doe proceedings.
a. Since it is not a criminal procedure: Any
aggrieved party can question the same without the need
for conformity with the public prosecutor.
Arrest v. Search and Seizure

Arrest Searches and Seizure

1.This pertains to the
seizure of a person so he
may be made to answer for
the commission of the
offense. It involves the
taking of a person into
custody
Effect of Illegal Arrest to the Jurisdiction of the Court
The Judge must shave
The legality of the arrest affects only the jurisdiction of the sufficient facts in his hand
court over the person of the accused. The illegality of the that would show that the
arrest cannot in itself be the basis for acquittal. The crime has been committed.
illegality of the warrantless arrest cannot deprive the state
of its right to prosecute the guilty when all other facts on
record point to their culpability. ( If the trial is free from
error and a judgment is rendered thereto despite the illegal This must be made on any
arrest the same is not valid). day at any time of the day
or night
Waiver of illegality of arrest: Effect of Illegal arrest.
1. Any objection involving a warrant of arrest or a There must be existing
procedure by which the court acquired jurisdiction of the pending case
person of the accused must be made before the accused
This may be imposed
enters his plea otherwise the objection is deemed as
anywhere in the Philippines
waived.
where the accused might be
1. A search is confined with
the seizure of personal
property subject to the
offense, stolen, or
embezzled property , fruits
of the offense or those
intended to commit the
same
Probable cause to search
requires the facts to show
that a particular things
connected with a crime are
found to be in specific
location.
Served in the day time ,
unless there be a direction
in the warrant that it may be
served at any time of the
day or night
No pending case
Only in the particular place
to be searched and indicated
in the search warrant.

Nb: This rule only applies if the accused voluntarily enters

his plea and participates during the trial without previously Ex-Parte Application
invoking his objections thereto. An application for a search warrant is heard ex parte it is
neither a trial nor a part of the trial. Action on these
application must be expedited for time is of the essence.
Great reliance has to be accorded by the judge to
testimonies under oath of the complainant and the witness
Application Of Search Warrant
As a rule, an application for a search warrant is made
before the court within whose territorial jurisdiction of a
crime was committed.
Exceptions :
1. The application may e made before any court within the
judicial region where the crime was committed if the place
of the commission was known
2. The application may also be filed within the region
where the warrant is imposed .
Requirement: The filing of the court requires compelling
reason stated in the application . The rule requiring a
statement of compelling reason is mandatory.
3. in case the criminal action is already filed, the
application must only e made where the criminal action is
pending if the criminal action has already filed.
Nature of a Search warrant: An application for a search
warrant is heard ex parte . It is neither a trial nor a part of
the trial.
Property Subject to search warrant :
The property that is subject of a search warrant is
personal property and not real property. A search
warrant may be issued not only for the search but also the
seizure of the following :
a. Personal Property subject to offense
b.Personal Property stolen or embezzled
c.Personal property used or intended to be used as
a means to commit the crime
People vs. Nunez: Where a statute describes things of
particular class or kind accompanied by the words of
generic character, the generic words will usually be limited
to a things of similar nature with those particularly
enumerated.
Court where the application for search warrant is to be
filed :
General Rule: An application for search warrant must be
filed with the court within whose territorial jurisdiction a
crime was committed
Exception:
1. For compelling reason it can be filed with the court
within whose jurisdiction region the crime was committed
or where the warrant shall be enforced.
2. But if the criminal action have already been filed the
application for search warrant can only be filed where the
criminal action is pending
3. Application may be made with the executive judges
whenever they are on official leave of absence or are not
physically present in the station, the Vice Executive Judges
of the RTC Manila and Quezon City who shall have the
authority to an application filed by the NBI. PNP ACTAF,
PDEA and the BOC.
Requisites of SEARCH WARRANT
1. Probable Cause
Definition: The facts available to the officer that would
warrant a man of reasonable caution and belief that a
certain item may be a contraband or a stolen property of the
crime.
2. The probable cause must be determined by the judge
himself and not by the applicant or any person
3. In the determination of probable cause the judge
must examine under oath or affirmation the complaint
and such witness he may produce
1. The examination must be personally conducted by the
judge .
2. The examination must be in the form of question and
answer.
3. The complainant and the witness shall be examined on
those facts personally known to them
The facts , data or information personally known to the
applicant and the witness he may present. The applicant or
his witness must have personally known of the
circumstance surrounding the commission of the offense
complained of.
4. The statement must be in writing and under oath
3. The sworn statement of the complainant and the
witness together with the affidavit must be attached to
the record.
Orgayon vs PP: There was no transcript of stenographic
notes of the proceeding in which the issuing judge had
allegedly propounded the required searching question and
answer. The court ruled that the failure to attach the record
does not by itself nullify the warrant as it is sufficient that a
judge examinate the witness under oath.
4. The warrant must particularly describe the place to
be searched and person or things to be searched.
Particular Knowledge of a Particular description of a
 b. He must deliver the property also deliver a true
place or person thing
inventory of the property seized.
It is sufficient if the officer The particular description of c. A violation of the above rules shall constitute
with the warrant can with the things to be searched is contempt of court.
reasonable effort ascertain to limit things to be seize to
and identify the place those described under a
intended and distinguish it general warrant and leave 4. Duty of the Judge : Return and other proceeding
form the other places in the officers of law no
the community discretion regarding what 1. The judge ascertain if the return has been
articles they shall seize made, He shall do so ten days after the issuance
of the search warrant.
The search warrant need not
describe the items to be
seized in the precise and 2. If no return has been made, the judge shall
minute detail. The warrant summon the person to whom the warrant was
is valid when it enables issued and require him to explain why no return
the police officer to was made.
readily identify the
properties to be seized and
leaves them with no 3. If the return has been made, the judge shall
discretion regarding the ascertain whether Section 11 of Rule 126 was
same complied with and shall require that the property
seized be delivered to him.
The law does not require that the property to be seized
should be owned by the person against whom the search
warrant is directed . It is sufficient that the person against
whom the warrant is directed has control and OBJECTION TO ISSAUNCE OF SERVICE OF
possession of the property to be seized WARRANT
1. Any objection concerning the issuance of service of
warrant must be made before he enters the plea otherwise
Manner of Making the search the objection is deemed as waived.
A .Person’s present
1. The lawful occupant of the house , room or any other 2. A motion to quash a search warrant and or the suppress
premises or any member of the lawful occupant’s family. evidence obtained by virtue of the warrant may be filed and
acted only by the court where the action is instituted.
A. If the ff is absent : 2 witness within the same locality
Who may assail the Issuance of Search warrant
2. The officer seizing the property must give a detailed 1. The seizure may only be contested by a party whose
receipt for the same to the lawful occupant of the premises rights have been impaired thereby and the objection to an
in whose presence the search and seizure were made, or in unlawful search and seizure is purely personal and cannot
the absence of such ocicpant must in the presence of at least be availed by third parties.
two witness leave a receipt.

WWW vs PP: The CA ruled that the conformity of the

In case the Officer is refused entrace :
1. The officer gives notice of his purpose and authority.
2. He is refused admittance to the place of directed search
despite notice
3. The purpose of breaking is to execute the warrant or to
liberate himself
public prosecutor is not necessary before an aggrieved
party moves for the reconsideration of an order granting a
motion to quash a search warrant.
4. An application for a search warrant is judicial process
either as an incident in a main criminal case already filed in
court or in anticipation of one yet to be filed.

3. Duties of the officer after the search and seizure :
Delivery and inventory
a. must deliver the property seized to the judge
who issued the warrant
Two Instances
1. Where the search warrant is issued as an incident in a
pending criminal case, the quashal of the search warrant is
merely interlocutory. ( There is something yet to be done)
2. Where the search warrant is applied for and issued in
anticipation of criminal case to be filed ad order quashing
the warrant ends the judicial process . There is nothing
more to be done thereafter. When the arch warrant issued
were subsequently quashed by the RTC , there was nothing
left to be done by the trial court. Thus the quashal of the
sarch warrant were final order not interlocutory - An
appeal is to be taken
EXCEPTION TO SEARCH WARRANT
People of the Philippines vs Renante Comprado
Bronoloa
. The Bill of Rights requires that a search and seizure must
be carried out with a judicial warrant; otherwise, any
evidence obtained from such warrantless search is
inadmissible for any purpose in any proceeding. 14 This
proscription, however, admits of exceptions, namely: 1)
Warrantless search incidental to a lawful arrest; 2)
Search of evidence in plain view; 3) Search of a moving
vehicle; 4) Consented warrantless search; 5) Customs
search; 6) Stop and Frisk; and 7) Exigent and
emergency circumstances.
A stop and frisk search is often confused in cases
of search incidental to a lawful  arrest. However, this is
different in search incidental to a lawful arrest, the
precedent arrest determines the incidental search. This
means that there must first be a lawful arrest before the
search can be made. The process cannot be reversed.
Stop and Frisk is a limited protective search of
the outer clothing for weapons. The police officer
observes unusual conduct which leads him to
reasonably conclude in light of the experience that
crime is about to be committed and that the person with
whom he is dealing may be armed and presently
dangerous. A mere hunch and suspicion will not validate a
stop and frisk . A genuine reason must exist, in light of the
police officer’s experience and surrounding condition to
warrant the belief that the person detained has weapons
with him.
A stop and frisk serve two interests 1. The
general interest of effective crime prevention and detection
2. The more pressing interest of safety and self preservation
which permit the police officer to take steps to assure
himself that the person whom he is dealing with is not
armed with a deadly weapon.
iii. Search incidental to a lawful arrest
Scope: Permissible search: The warrantless search and
seizure as an incident to a lawful arrest may be extended
beyond the person of the one arrested to include the
premises or surroundings under his immediate control (
Ex : The accused was arrested in the street selling
Marijuana, however when asked if he still had at home the
accused said Yes hence seized. )
General Rule: The arrest must precede the search, the
process cannot be reversed. Nevertheless, a search
substantially contemporaneous with an arrest cannot
precede the arrest if the police have probable cause to make
the arrest at the onset of the search.
Exemption: A warrantless search and seizure can be made
without necessarily being preceded by an arrest provided
that the said search is effected through probable cause.
Example  PP v Malsmtedt when the soldiers manning the
checkpoint set up because of the report that their vehicles
carrying drugs noticed a bulge on the waist of the
employer.- This was allowed because there is probable
cause that the accused right there and then is committing a
crime
iv. Search of vessel and aircraft
Purpose: When the search is made in a store, dwelling,,
house or other immobile structure. It is impracticable to
obtain a warrant when the search is conducted on a mobile
ship or aircraft since they can be quickly moved in or out of
the locality.
v. Search of a moving vehicle
Checkpoints
1. Mere routine inspection
Scope: Mere routine inspection or visual search
where the occupants are not subject to physical or
body search.( limited to a mere visual search)
2 Extensive search
Scope: Only when the officer conducting the search had
reasonable and probable cause to believe that before the
search either the motorist is a law offender or they will
find the instrumentality or evidence pertaining to a
crime in the vehicle to be searched.( Ex : Probable cause
due to a surveillance operation)
vi. Plainview Doctrine
Definition  Objects are in the “ plain view “ of an officer
who has the right to be in a position to have that view are
subject to seizure and may be presented as evidence. The
plain view doctrine is usually applied where the police are
NOT searching for evidence but nevertheless inadvertently
comes upon an incriminating object.
Requisite:
1. The law enforcement officer in the search of evidence
has prior justification for an intrusion or is in a position
from which he can view the particular area
2. The discovery of evidence in plain view is inadvertent
3. It is immediately apparent to the officer that the item he
observes may be evidence of a crime, contraband, or
otherwise subject to seizure. Hence, there must be an initial

intrusion on the property in a position from which he can
particularly view the area.
viii. Exigency and emergency
Ex: The raid during the existence of a coup de tat was held
to ve valid considering the exigent and emergency
situation obtaining.
IX: Conduct of aerial target zoning or saturation drive
Guazon v. De Vila : A valid exercise of the military
powers of the President the conduct of aerial target zoning
or saturation driver.
Mustang Lumber vs ca
A search warrant has a lifetime of 10 days, it can be served
at anytime within 10 days. If its object or purpose cannot be
accomplished in one day, the same may be continued the
following day or days until completed provided that it is
within the ten (10) day period.
Effect of an illegal search and seizure : Fruit of the
poisonous tree doctrine
Section 3: Any evidence obtained in violation of this or the
proceeding section shall be inadmissible for any purpose in
any proceeding.
A search warrant illegally obtained or secured or which is
issued in violation of the Constitution or the rules may be
quashed throughout the proper motion as in a motion to
quash the search warrant. Also, when evidence is illegally
obtained a motion to suppress the evidence is obtained.
Civil Damage: Criminal Liability
1. There is civil liability based on the concept of an
independent civil action in violation of the person’s right to
e secure in his person, place houses and effects This
liability is separate and distinct from that of the RPC like a.
Violation of domicile b. Search warrant maliciously
obtained and abuse in service of those legally obtained c.
Searching domicile without witness
Section 6: Issuance and Form of search warrant
No search warrant shall issue except upon probable cause
to be determined personally by the judge after examination
under oath or affirmation of the complaint and the witness
he may procedure particularly describing the place to be
searched.
The search warrant must be in writing and must contain
such particulars aas the name of the person to whom it is
directed , the placed to be searched and the specfici things
to be seized.
Section 7: Right to break door or window to effect search
The officer when refused admittance to the place of
directed search after giving notice of his purpose and
authority may break open any other outer or inner door or
window in the house or any part of the house or anything
theretin to execute the warrant or liberate himself or any
person lawfully aiding him
General Rule: Knock and announce principle
1. Announce their presence
2. Identify themselves to the accused and person who
rightfully have possession of the premises to be searched
3. Show them the search warrant
4. Explain the warrant in a language or dialect known and
understood by them.
Exception:
1. When officers have an honest belief that there is a
imminent danger to the life or limb
2. When those in the premises aware of the presence of
someone outside are then engaged in activities which
justifies the officers belief that the escape or destruction of
evidence is imminent
3. Person in premises refuses to open it upon demand
4. Person in premises already knew of the identity and
authority of the officer.
Validity of the search warrant
Ten days after the date thereafter it may be void a search
warrant can be used only once thereafter it becomes as
functus officio. The search warrant only has a life of ten
days
Waiver of illegality of search and admissibility of Evidence
1. The right against unreasonable searches and seizure and
the exclusionary rule is deemed waived when there is no
objection of the search warrant was raised during the trial
neither of the case nor to the admissibility of the evidence
was obtained through the said warrant
Section 14: Motion to quash search warrant or to
suppress evidence
1. A motion to quash a search warrant may be filed an acted
upon only by the court where the action has been instituted
2. If no criminal action is instituted it may be filed and
resolved by the court that issued the search warrant
Parties who may question the validity of the search and 3. With respect to the civil action of the action whatever the
seizure: penalty involved.
1. An application for a search warrant is not a criminal
action hence any aggrieved party may question the order of
Judicial Affidavit
the same without the need for the conformity of the public
prosecution
prosecutor .
1. The prosecution submits
the judicial affidavit of its
Requisite for the issuance of the search warrant: witness not later than five
1. Probable cause is present days before the pre-trial
serving copies of the same
2. Probable cause must be determined personally by the upon the accused
judge
3. The judge must examine in writing and under oath or
affirmation the complaint and the witness he or she may
produce
4. The applicant and the witness testify on the facts
personally known to them
5. The warrant specifically describes the places to be
searched and the things to be seized.
A motion to quash a search warrant may be based on:
Pre trial civil case
1. The place searched or the property seized are not those
specified or described in the search warrant The presence of the
defendant is required unless
2. There is no probable cause in the issuance of the search he is duly represented at the
warrant. pre-trial conference by his
* The search warrant shall only be quashed when any of its counsel with the requisite
elements in its issuance is wanting. authority to enter into a
compromise agreement
failing in either of which the
case shall proceed as if the
defendant is declared as
default
The presence of the plaintiff
is required at the pre-trial
unless excused therefrom
for valid cause or if he is
represented therein by a
person fully authorized in
writing to perform
thespecific act under Rule
18
Absent such justification the
case may be dismissed with
or without prejudice
Pre-Trial
Criminal Action
A pre-trial brief is required
1. Where the maximum of the imposable penalty does not with the particular sanction
exceed six years
2. Where the accused agrees to use the judicial affidavit
irrespective of the penalty involvedor
Judicial Affidavit by
accused
1. The accused has the
option to submit his judicial
affidavit as well as those of
his witness to the court
within ten days from the
receipt of such affidavit and
serve a copy of each on the
public and private
prosecutor including his
document and object
evidence marked exhibit 1,
2 and 3. These affidavit
serves as direct testimonies
of the accused and his
witness when they appear
before the court to testify.
Pre Trial in Criminal case
The accused is merely
required to sign the written
agreement arrived in the
pre-trial conference if he is
in conformity therewith
unless required by the court.
The presence of the private
party is not required at pre-
trial. Instead he is required
to appear at the arraignment
of the accused or purpose of
the plea bargaining
determination of civil
liability and other matters
requiring his presence.
Should he fail to appear for
arraignment and the accused
offers to plead guilty to a
lesser offense necessarily
included in the offense
charged he may be allowd
to d oso with the conformity
of the trial prosecutor alone
The rule do not require the
filing of a pretrial brief in
criminal case but only
require the attendance at
pretrial ot consider the

matters related to section 2.
When to conduct pre-trial: Arraignment and pretrial are set
10 calendar days from the date of the receipt of the case for
detained accused and within 30 days from the date the court
acquires jurisdiction over the non-detained accused
1. Absence of the parties: The court proceeds with the pre-
trial despite the absence of the accused and the complainat
provided that they were duly notified of the same and the
counsel for the accused as well as the public prosecutor is
present
2. Stipulation: This is done with active participation of the
court itself and not left with the counsel
- Pretrial agreement: Must be signed by both the accused
and his counsel.
3. Marking of evidence: The documentary evidence of the
accused shall be marked
4. Pretrial : Pretrial order must be immediately served upon
the parties and counsel on the sme day after the termination
of the pretrial
* Note the accused and the offended party can be absent
during the pretrial provided that the counsel of the accused
or the prosecution appears.
Trial
Definition: The examination before a competent tribunal
according to the laws of the land of the facts put into issue
for purpose of determining the issue.
Time to Prepare: The trial court shall have 30 days from
the receipt of the pre-trial order to commence the trial, the
accused shall have at least 15 days to prepare for the trial
Presence: The accused shall be entitled to be present and
defend in person and by counsel at every stage of
proceeding from the arraignment or promulgation of
judgment .
Delays
* Testimonial witness: One whose testimony dwells on the
presence of some or al of the elements of the crime and
whose testimony is indispensable to the conviction of the
accused.
1. When the delays are due to the absence of an essential
witness whose whereabouts are unknown or cannot be
determined. The court provisionally dismiss the action with
the express consent of the detained accused .
2. When the delays are due to the absence of the essential
witness whose presence cannot be obtained by due
diligence
Continuous Trial until Terminated
Trial once commenced 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.
Limitation: In no case shall the trial exceed 180 days from
the first day of trial except otherwise provided by the SC.
Thel imitation does not apply when the SC provides for a
shorter period of time,
Postponements: A motion for postponement is prohibited
except if it is based on acts of God, force majure, or
physical inability of the witness to testify in any case the
presentation of the witness must still be finished on dates
agreed upon.
Exclusions : In the counting of delay
1. Any period of delay resulting from other proceeding
concerning the accused
2. Any period of delay from the absence or unavailability of
an essential witness
3. Any period of delay resulting from mental incompetence
or physical inability of the accused to stand on trial
4. If the information is dismissed upon the motion of the
prosecutor and thereafter a charge is feld against the
accused for the same offense any period f delay form the
date the charge was dismissed to the date the time
limitation would commence to run as to subsequent charge
has there be no previous charge
5. A reasonable period of delay when the accused is joined
for trial with a co -accuser
6. Any period of delay resulting form a continuance granted
by court motu proprio on motion either the accused or his
counsel or the prosecution if the court granted the
coniitnuace on the basis of the findings set forth in the
order that the ends of justice be served by taking such
action outweigh the best interest of public and accused in
speedy trial
Conditional EXAMINATION
1. Witness is so sick to afford reasonable ground to believe
that he will not be able to attend the trial
2. Resides more than 100 kilometers and has no other mean
to attend the same
3. Other similar circumstance exist that would prevent him
from attending trial
 An offense charged is necessarily included in the offense
Defense Witness Prosecution witness
proved when the essential ingredients of the former
1. Witness is sick 1. The witness is sick constitute or form a part of those constituting the latter
inform to appear in trial and
2. Witness resides 100 km
form the place of trial and 2. Witness has to leave the Variance in the Commisison of the Crime : Where the
country with no definite mode of commission alleged is at variance with the mode
3. Other similar
date to return of commission proved conviction is possible of the
circumstances that would
make him unavailable or variance does not change the crime and the accused fails to
prevent hi from attending object thereto. The offense charged is still included in the
trial offense proved
The judge of the proper Before the court where the
court member of the bar and case Is pending Mode Constitute as Different Crime: Where there are
inferior court material difference and substantial distinction between two
modes of commission as when the first mode is not
necessarily included in the second mode and vice versa
Joint Trial: there can be no conviction
General Rule: Joint Trial is proper where the action arise
from the same act event or transaction involve the same or
like issues and depend largely or substantially on the same Promulgation of Judgment
evidence General Rule: The judgment is promulgated by reading it in
Exception: The court in its discretion and upon motion of the presence of the accused and any judge of the court
the fiscal or any of the accused orders a separate trial for which rendered the same
one or more of the accused.

If the separate trial is granted the testimony of one accused
imputing the crime to his co-acussed is not admissible
against the latter who has no opportunity to cross examine
the former.
State Witness:
1. Absolute necessity for the testimony of the accused
whose discharge is requested.
2. No other direct evidence available for the prosecution
except the testimony of the accused
3. Testimony can be substantially corroborate in material
points
4. Accused does not appear to be most guilty
5. Accused has never been convicted of an offense
involving moral turpitude.
Judgment
Exception:
1. Judgment in light offense
a. May be pronounced in the presence of the
counsel or representative
b. May be promulgated by the clerk of court
2. Judgment if accused is confined or detained in another
province or city
a. May be promulgated by the executive judge of
the Regional trial court having jurisdiction over
the place of confinement or detention
b. Upon the request of the court which rendered
judgment
Rule on the Validity of Promulgation of Judgment
1. Judgment must have been rendered in the proper forum
and not merely orally
2. Judgment must have been rendered by the judge and
promulgated during his incumbency
3, The judgment must be read in its entirety for jeopardy to
validly terminate

When there is a variance between the offense charged in
the complaint or information and that proved and the
offense as charged is included or necessarily incudes the
offense prived the accused shall be convicted of the offense
proved which necessary includes the offense charged or of
the offense charged which is included in the offense proved
Offense charged necessarily included in the offense proved
General Rule: The accused is required to be present in the
promulgation of judgment
Exception:
1. When the judgment is for a light offense in which case
the accused counsel or representative may stand in for him
2. When the judgment is for acquittal the presence of the
accused is not necessary

Effect when the accused is not present
1. Accused is deemed as fugitive: The accused fails to
appear and whose arrest is ordered is considered a fugitive
of justice., He looses his legal standing in court and is
deemed to have waived his right to seek any relief from
court unless he surrenders to the jurisdiction of the court
and files a motion for leave.
2.Accused forfeits the post conviction remedies:
a. Filing of the motion for new trial
b. Appeal on the judgment of the merits
- Within 15 days from the promulgation of the judgment
however the accused surrenders and file a motion for leave
of court to avail of these remedies. He shall state the reason
for his absence at the scheduled promulgation and proves
that his absence was for a justifiable cause he shall be
allowed to avail the said remedies within 15 days from
notice thereof.
Before a Judgment becomes final and executory:
The judgment may be modified or set aside by the court
before it has become final and executory or before an
appeal has been perfected
Doctrine of Immutability of Judgment: A decision that has
acquired finality may no longer be modified in any respect
even if the modification is to correct and erroneous
conclusion of fact and law and whether it be made by that
rendered it by the highest court of the land any act that
violate the immutability of judgment are to be struck down
Post Conviction Remedies
Before the Conviction becomes final
1. Modification of Judgment
2. Re-opening of the proceeding
3. Motion For New Trial
4. Motion for reconsideration .
Modification of Judgment: The judgment may be modified
based on the motion of the accused alone.
Re-Opening of Judgment : The judge by Motion of the
accused or Motu Proprio open the proceeding to avoid the
miscarriage of justice. The proceeding terminates within 30
days from the time it was granted
Motion for New Trial ( Affidavit of Witness)
New, Material evidence has been discovered which the
accused could not have been with reasonable diligence
discovered and if produced will change the judgment
Requisite:
1. Error is committed during the trial
2. Irregular prejudicial to the right of the accused
3. Material evidence: Evidence discovered
Newly Discovered Evidence
a. Discovered after trial
b. Could not have been discovered and produced in trial
despite reasonable diligence
c. Material and not merely corroborative
d. It is of such weight that will probably change the
Judgment
Reconsideration
1. Error of Law: Which requires no further proceeding
2. Error of fact: Require no other proceeding
* hearing is required when the motion for new trial calls for
the resolution of question of fact. The court may hear
evidence on the motion or affidavit otherwise.
1. With the RTC
A. Motion for New Trial or Reconsideration
New Trial:
The rehearing of the case already decided but before the
judgment of conviction wherein has become final , whereby
errors of law or irregularities are expunged from the record
or new evidence is introduced or both steps are taken.
At any time before the judgment of conviction becamoes
final the court may on motion of the accused or at its own
instance but with the consent of the accused grant a new
triak
Except death penalty:
Grounds:
1. Errors of law or irregularities prejudicial to the
substantial rights of the accused committed during the trial
2. New and material evidence has been discovered which
the accused could not with reasonable diligence have
discovered after trial and produced at the trial and which if
introduced will probably changed the judgment
 RULE 122
Effects of Granting A motion for New Trial or
reconsideration Appeal: Throws the case wide open for review, the tribunal
can correct errors, though unassigned in the appealed
judgment , or even reverse the trial court’s decision based
In all cases when a new trial or reconsideration is granted on the grounds other than those that the parties raised as
the original judgment shall be set aside and vacated and a errors.
new judgment is rendered accordingly
Assignment of Error as Compared to Civil Case
1. New Trial based on errors of law: All the proceedings in
evidence affected shall be set aside and taken anew and the Civil Case Criminal Case
court may allow the introduction of other evidence
1. No error will be An appeal throws the case
considered by the appellant wide open for review and
2. New Trial based on Newly discovered evidence: The court unless stated in the the reviewing tribunal can
evidence already adduced shall stand and the newly assignment of error except correct error and even
discovered evidence together with other evidence which the reverse the decision of the
1. The error affects the
court may allow in the interest of justice shall be trial court on the ground
jurisdiction of the court
considered thereto. other than those that th
2. The error affects the parties raise in the errors.
judgment appealed from or
Motion for New Trial Reopening of the proceedings therein
RECONSIDERATION the Case 3. The error is closely
After judgment is After After both related or dependent on the
rendered prior to the judgment is parties have assigned error and properly
finality thereof rendered and rested their argued in the brief
prior to case even 4. The error is a plain error
finality before or a clerical error
judgment is
rendered but 4. The appellate court finds
before that the consideration of
finality of error not assigned on
judgment appeal is necessary in
arriving at a complete and
By motion of the accused By motion of By motion of just resolution of the case
or by the court motu the accused or either party
prorprio with the consent by the court of the court
of the accused motu proprio motu proprio
but with the Who may appeal
consent of the
accused General Rule: Any party may appeal from the judgment or
final order
To ask the court to To permit the To permit
reconsider its findings f reception of the reception
“ Party”: This refers not only to the government and the
law so as to conform to new evidence of new
accused but other persons as well such as the complainant
the law applicable to the and extend evidence and
who may be affected by the judgment rendered in a
case the extend the
criminal proceeding
proceedings proceeding

accordingly Exception:

1. A party may not appeal if the accused would be placed

Neyphes: The period for appeal is not only within fifteen
days from the notice of judgment but also within fifteen
days from the notice of the final order appealed from. If a
motion for reconsideration or motion for new trial the
denial is presumed to be the final order.
on double jeopardy.
2. The judgment is for conviction and the accused fails to
appear without justifiable cause

Participation of Offended party:

Appeals:
1. As a rule, the participation of the offended party is not
needed. However, if the SOLGEN recommends the
acquittal of the accused on appeal he or she has the right to
be heard on the question of indemnity and damage arising
on the interest of justice.
2. The offended party has the right to appeal the Civil
Aspect of the case.
Finality of Acquittal Doctrine
As a rule a judgment of acquittal is final and unappealable.
Therefore, the prosecution in a criminal case is not allowed
to appeal the same if the defendant will be placed in double
jeopardy.
Exception:
1. Petition for certiorari under Rule 65 of the Rules of
Court upon a clear showing by the petitioner that the lower
court in acquitting the accused committed grave abuse of
discretion amounting to lack of excess jurisdiction.
Instances when double jeopardy does not exist
1, Dismissal is made on motion or with the express consent
of the defendant.
2. The dismissal is not acquittal or based on the
consideration of evidence or on the merits of the case.
3. The question to be passed upon by the appellate court is
purely legal question and if the dismissal is found to be
incorrect would have to be remanded to the court of origin.
Where to Appeal
1. Metc, mtcc. Mctc: Regional trial court
2. RTC: SC or CA
3. CA : SC
How is appeal taken
1. Ordinary Appeal: Rule 122.
2. Petition for review : Rule 42
3. Petition for review on certiorari : Rul 45
4. Automatic Appeal: Rule 122.
1. Judgment is appealed from the MuTC and the RTC:
By notice of appeal filed with the court that rendered
judgment or final order appealed from and by serving a
copy thereof upon the adverse party.
2. Judgment is appealed from the RTC
a. Appeal from the RTC original jurisdiction: The appeal
shall be with the CA by notice of appeal filed with the
court that rendered the judgment and final order appealed
from and by serving thereof upon the adverse party.
b. Appeal from the RTC appellate jurisdiction: The appeal
is with the Court of appeals by the filing of the petition for
review with the said court under Rule 42.
c. If the penalty is reclusion perpetua or life
imprisonment: Notice of appeal with the CA
d. Death Penalty: No notice of appeal is necessary in cases
where the RTC imposed the death penalty. The CA
automatically reviews the judgment as provided.
e. If the appeal is from the decision of the CA: Appeal is
generally made by the filing a petition for review on
certiorari under Rule 45 with the Supreme Court.
d. If the appeal imposes reclusion perpetua or life
imprisonment: The judgment of the CA may be appealed
to the SC by notice of appeal filed with the CA.
When is appeal to be taken: Appeal is to be taken within
fifteen days from a. Promulgation of judgment 2. From
notice or final order appealed from. The period for
perfecting the appeal is suspended from the time a motion
for new trial or reconsideration is fuled until the notice of
the order overruling the motion has been served upon the
accused or his counsel at which time the balance of the
period starts to run
Appeals : When Perfected
Appeals in a criminal case do not take place and are not
considered perfected until after the interested party has
personally or through his attorney filed with the clerk of
court a written notice expressly stating the appeal.
Effect: Once an appeal is perfected , whether civil or
criminal the court looses jurisdiction over the case both
over the record and over the subject.
Residual Jurisdiction of the trial court: Authority of the
trial court to issue orders for the protection and the
preservation of the rights of the parties which do not
involve any matter litigated on appeal provided these are
done prior to the transmittal of the original record or the
record of appeal even if the appeal is already perfected .
When is appeal to be taken
An appeal must be filed within 15 days from the
promulgation or notice of final order appealed from .
The period for appeal is interrupted from the time a motion
for new trial or reconsideration is filed.
Effect Of appeal by Several Accused
1. An appeal taken by one or more of several accused shall
not affect those who did not appeal except insofar as the
judgment of the appellate court is favorable and applicable
Acquittal Certiorari under Gen Rule:
to the latter.
RULE 65 SOLGEN
2. The appeal of the offended party from the civil aspect APPEALS
shall not affect the criminal aspect of the judgment or order
appealed from 1.MTC: Certiorari
3. Upon the perfection of an appeal the execution of the with the RTC filed Exception:
judgment or final order appealed from shall be stayed as to by the prosecutor.
1. When the order
the appealing party. 2. RTC Judgment: affects the
Certiorari with the interest of the
CA filed by the sate and the
Withdrawal of appeal SOLGEN people
2. The case
1. Before the record forwarded to appellate court: The involved a novel
appellant may withdraw an appeal before the record has issue
been forwarded by the clerk of court to the proper appellate 3. The ends of
court as provided by Rule 122 Section 8. justice would be
defeated if all
those who come
2. before the rendition of judgment ( the record has or where brought
already been forwarded to the court) The court may in its to court were not
discretion allow the appellant to withdraw his appeal brought to present
provided a motion to that effect is filed prior to the their side.
rendition of judgment.

Grounds for Dismissal of an appeal: RULE 120, S. 6

1. Fails to file his brief within time prescribed by the rule Section 6. Promulgation of judgment. — The judgment
except when the appellant is represented by a counsel de is promulgated by reading it in the presence of the
oficio accused and any judge of the court in which it was
rendered. However, if the conviction is for a light
2. Escape form prison or confinement during the offense, the judgment may be pronounced in the
pendency of an appeal presence of his counsel or representative. When the
3. Jumps bail during the pendency of an appeal judge is absent or outside of the province or city, the
judgment may be promulgated by the clerk of court.
4. Flees to a foreign country during the pendency of an
appeal.
If the accused is confined or detained in another
province or city, the judgment may be promulgated by
Summary of Post Judgment Remedies ( Appeal) the executive judge of the Regional Trial Court having
jurisdiction over the place of confinement or detention
JUDGMENT REMEDIES Notes upon request of the court which rendered the judgment.
The court promulgating the judgment shall have
Conviction Motion for Provided that
authority to accept the notice of appeal and to approve
reconsideration there is no
the bail bond pending appeal; provided, that if the
motion for new trial waiver.
decision of the trial court convicting the accused
appeal
changed the nature of the offense from non-bailable to
bailable, the application for bail can only be filed and
The Motion for resolved by the appellate court.
reconsideration is
not indispensable
and may go The proper clerk of court shall give notice to the accused
straight to appeal personally or through his bondsman or warden and
counsel, requiring him to be present at the promulgation
of the decision. If the accused tried in absentia because
Period: within 15 he jumped bail or escaped from prison, the notice to him
days from the shall be served at his last known address.
promulgation of
order granting the In case the accused fails to appear at the scheduled date
leave to appeal of promulgation of judgment despite notice, the
file a motion for promulgation shall be made by recording the judgment
reconsideration in the criminal docket and serving him a copy thereof at

his last known address or thru his counsel.
If the judgment is for conviction and the failure of the
accused to appear was without justifiable cause, he shall
lose the remedies available in these rules against the
judgment and the court shall order his arrest. Within
fifteen (15) days from promulgation of judgment,
however, the accused may surrender and file a motion
for leave of court to avail of these remedies. He shall
state the reasons for his absence at the scheduled
promulgation and if he proves that his absence was for a
justifiable cause, he shall be allowed to avail of said
remedies within fifteen (15) days from notice. (6a
General Rule : The judgment is promulgated by reading it
in the presence of the accused and any judge of the court in
which it was rendered.
Exceptions:
1. Judgment in light offenses:
a. May be pronounced in the presence of his
counsel or representative
b. May be promulgated by the clerk of court
when the judge is absent or outside the province
or the City.
2. JUDGMENT IF THE ACCUSED IS
CONFINED OR DETAINED IN ANOTHER
PROVINCE OR CITY.
a. May be promulgated by the executive judge of
the RTC having jurisdiction over the place of
confinement or detention
b. Upon the request of the court which rendered
the judgment
Rules on Validity of Promulgation of judgment
1. Judgment must be rendered in the proper form and not
merely orally promulgated
2. The judgment must have been rendered by the judge
promulgated during his incumbency.
3. The Judgment must be read in its entirety.
Permanent and Temporary Absence
1. Temporary Absence: The decision of a judge may be
promulgated so long as he is still a judge of the court. The
term absent or outside the province or city refers only to
temporary physical absence of the judge and his inability to
be represented during the promulgation
2. Permanent Absence: If the judge whose decision was
promulgated had prior to its promulgation died, resigned
retired been dismissed promoted to higher court or
appointed to another office with inconsistent function then
he would not longer be an incumbent member of the court
his decision are invalid.
TRIAL IN ABSENTIA
1. The judgment is recorded in the criminal docket
2. A copy thereof is served upon the accused in his last
known address or to his counsel
INSTANCES WHEN THE PRESENCE OF THE
ACCUSED IS DISPENSED WITH
1. When the judgment is for a light offense in which case
the accused counsel or representative may stand for him
2. When the judgment is for acquittal and the presence of
the accused is not necessary.
When is the presence of the accused required and he
fails to appear
If the judgment is for conviction other than a light offense
1. Accused is deemed as a fugitive: Fails to appear and
whose arrest is ordered. He looses his legal standing in
court and is deemed to have waived his right to seek any
relief from the court unless he surrenders to the jurisdiction
of the court and files a motion for leave.
2. Accused forfeits Post Conviction remedies:
The accused who fails to appear at the promulgation of
judgment of conviction loses the remedies available under
the Rules of court against the judgment
1. The filing for a motion for new trial or reconsideration
2. An appeal from the judgment or final order.
Within fifteen days from the promulgation of judgment ,
however the accused may surrender and file a motion for
leave of court to avail these remedies again. He shall state
the reason for his absence and prove that the absence was
for a justifiable cause.
Surrender : It is the physical and voluntary submission to
the court to suffer any consequences of the verdict against
him . Mere filing of his counsel of the motion for leave will
not suffice.
Guidelines In the imposition of Penalty in lieu of
Imprisonment
Arresto Mayor: The duration of the penalty of arresto
mayor shall be one month and one day to six months
Arresto Menor: The penalty of arrest menor is one to
thirty days.
1. RA 11362: Promotes restorative justice by imposing
community service in lieu of service in jail for offense
punishable by arresto menor and arresto mayor.
Guidelines:
1. After the promulgation of judgment if the impossible
penalty for a crime or offense by the accused is arresto
menor or arresto mayor, it is the duty of the court to inform
the accused in open court within fifteen days to:
1. File an appeal
If this is chosen any other resort bars the
application for community service
2. File a probation
3. Apply the penalty served by rendering
community service in place where crime is
committed.
2. If the accused opts to apply for community service the
application must be filed within the period to perfect the
appeal. Likewise the application must be resolved within
five calendar days from the filing thereof. For this purpose
the court sets a hearing to render or promulgate the ruling.
4. After the receipt of the application for community
service the court notifies the ff :
a. Barangay Chairperson
Directed to submit a proposed community service program
for the accused on or before the scheduled hearing on the
application.
b. Representative of the provincial and city
probation office
c. Local government unit SWDO ( social
welfare dev office)
Directed to recommend a rehabilitative counseling
program and schedule for the accused that shall be
incorporated in the proposal of the barangay.
In exercising discretion to allow service of penalty though
community service
.1 Gravity of offense
2. Circumstance of case
3. Welfare of society
4. reasonable probability accused will not violate
the law again
5. In ethe event the court denies the application for
community service the period to appeal has not yet lapsed
the accused may still choose to appeal suc h judgment or
apply for probation.
LIMITS
Must not be given more than once . Also for the period of
community service to be rendered should not be more than
the maximum sentence imposed by law but not less than
1/3 thereof
On appeal penalty is reduced
If the accused is sentenced with a penalty higher than
arresto menor or arresto mayor and appeal the penalty was
lower to arresto menor or arresto mayor which become
final and executory the accused may on written application
with the court of origin seek community service in lieu of
imprisonment
Provisional Remedies
The provisional remedies in civil action , insofar as they are
applicable may be availed in connection with the civil
action deemed instituted with the criminal case
Note however that when a criminal action is instituted the
civil action for recovery of civil liability arising from the
offense charged shall be deemed instituted with the
criminal action except of course when the offended party
waives the civil action, reserve the right to institute it
separately or institute a civil action prior to the criminal
action.
Therefor, to avail of the provisional remedy in a criminal
action it must be one with the corresponding civil liability
if there is a civil liability the civil action must be arising
form the offense charged and which is instituted in the said
criminal action. Hence if the civil action has been waived,
instituted a provisional remedy may not be availed in the
criminal action and must be applied to the separate civil
action.
When is it available:
1. When the accused is about to abscond form the
Philippines
2. When the criminal action is based on a claim for money
property embezzled or fraudulently misapplied or
converted to the sue of the Accused who is a public officer,
corporation , attorney factor or broker, agent clerk in the
course of his employment as such or by any other person in
a fiduciary capacity or willful violation of the duty
- Preliminary attachment may be availed without the need
of showing that the accused has concealed, removed or
disposed of his property or is about to do so , what needs to
be shown is

1. The criminal case is founded upon claim that money or

property was embezzled fraudulently misapplied or
converted to the use of the accused

2. That the accused occupies any of the position mentioned

in Section 2 Rule 127 he committed a wilfful violation of
the duty under Rule 127

3. When the accused has concealed removed or disposed of

his property and about to do so

4. When the accused resides outside the PH.