CRIMINAL PROCEDURE GR: Once a Court acquires jurisdiction, it shall continue exercising such

jurisdiction until the finality of the case and is not affected by the
It provides for the process by which criminal laws are enforced and by subsequent legislation.
which the State prosecutes a person.
XPN: When the statute expressly so provides.
Requirement of Due Process – 4 – CAHJ
1. Jurisdiction of the Court
2. Jurisdiction over the Accused VENUE (Section 15 (a), Rule 110 Rules of Court)
3. Accused is given the Opportunity to be Heard
In criminal prosecution, the action shall be instituted and tried
4. Judgment rendered upon lawful Hearing
in the court of the municipality or territory where the offense
Requirement for Exercise of Criminal Jurisdiction – 3_STP was committed or any of its essential ingredient took place.
1. Jurisdiction over the Subject Matter the filing of the motion asking for an
affirmative relief is deemed to have
Venue in criminal case is an essential element of jurisdiction.
2. Jurisdiction over the Territory submitted to court’s jurisdiction
JURISDICTION OUTSIDE TERRITORIAL JURISDICTION (Section 2 RPC)
3. Jurisdiction over the Person of the Accused
1. Should commit an offense while on a Philippine ship or airship;
JURISDICTION OVER THE SUBJECT MATTER 2. Should forge or counterfeit any coin or currency note of the
• Authority of court to hear the case or offense charged. Philippine Islands or obligations and securities issued by the
• Requires that the offense is one which the court is authorized Government of the Philippine Islands;
to hear. 3. Should be liable for acts connected with the introduction into
these islands of the obligations and securities mentioned in the
JURISDICTION OVER THE PERSON OF THE ACCUSED preceding number;
4. While being public officer or employees, should commit an
• Authority of the Court over person charged requires the person
offense in the exercise of their functions; or
to be brought into forum by:
5. Should commit any of the crimes against national security and
the law of nations (piracy and mutiny on high seas), defined in
1) Warrant of Arrest
Title One of Book Two of the RPC.
2) Voluntary Submission by filing a pleading or motion except a
6. Violation of Human Trafficking in Person Act – Where the
Motion to Quash on the ground of lack of jurisdiction over the
offense was committed or where the trafficked person actually
person of the accused.
resides at the time of the commission of the offense: Provided,
Note: That the Court where the criminal action is filed shall acquire
jurisdiction to the exclusion of other courts.
Principle of Adherence of Jurisdiction or Continuing Jurisdiction
7. Where the Supreme Court pursuant to its constitutional power
order change of venue in order to avoid miscarriage of justice.
 8. Offense committed on board a vessel in the course of voyage:
Municipality or territory where vessel passage passed during
voyage or first port of entry.
9. Offense committed in train, aircraft, vehicle during trip:
Municipality or territory where the vehicle passed; place of
departure; or place of arrival.
10. Offense within jurisdiction of Sandiganbayan determined by
the nature of the offense and position of the accused. Filed not
necessarily in the place where committed but in the place
where Sandiganbayan sits.
11. Venue in libel cases.
12. Venue in Migrant Workers Act – place of residence of the
offended party.
Venue in Libel Cases PROM
1. Whether the offended party is a public official or a private
person, the criminal action may be filed in the RTC of the
province or city where the libelous article is printed and first
published.
2. If the offended party is a private individual, the criminal action
may also be filed in the RTC of the province where he actually
resides at the time of the commission of the offense.
3. If the offended party is a public officer whose office is in Manila
at the time of the commission of the offense, the action may be
filed in the RTC of Manila.
4. If the offended party is a public officer holding office outside of
Manila, the action may be filed in the RTC of the province of
City where he held office at the time of the commission of the
offense.
Venue of BP 22
DIBD
▪ Where the check was first dishonored or issued.
▪ In case of crossed check, the place of depository or collecting
bank.
Note: In determining whether the Court has jurisdiction, we consider
the imposable penalty and not the actual penalty imposed after trial.
MTC, METC, MCTC - 6
Except when the offense falls within the EOJ of the RTC and
Sandiganbayan. SNOB-F6
A. EOJ violation of city/municipal ordinance within respective
territorial jurisdiction; traffic laws, rules and regulations, rental
law and BP 22.
B. EOJ offense imprisonment not exceeding 6 years irrespective of
fine, regardless of accessory penalties.
C. Offenses where only penalty provided by law is fine only which
does not exceed P4,000.
D. EOJ damage to property through criminal negligence.
E. Summary Procedure
F. Special Jurisdiction – Application for Bail in absence of all RTC
Judge in province.
1) Violations of traffic laws, rules and regulations; TRO-6MN
(2) Violations of the rental law;
(3) Violations of municipal or city ordinances;
(4) All other criminal cases where the penalty prescribed by law for the offense
charged is imprisonment not exceeding six months, or a fine not exceeding
(P1,000.00), or both, irrespective of other imposable penalties, accessory or
otherwise, or of the civil liability arising therefrom: Provided, however, that in offenses
involving damage to property through criminal negligence, this Rule shall govern
where the imposable fine does not exceed ten thousand pesos (P10,000.00).
Not-MELD-CC
REGIONAL TRIAL COURT: EXCLUSIVE ORIGINAL JURISDICTION - 7
A. EO in all criminal cases not within the exclusive jurisdiction of
any court or tribunal except those falling under the exclusive
and concurrent jurisdiction of the SB.
B. Criminal action for violation of Omnibus Election Code.
C. Criminal and civil aspects of written defamation – Libel Case.
D. Cases in violation of Dangerous Drugs Act.
E. Money Laundering Cases. (Those committed by private person
in conspiracy with public officer shall be under the jurisdiction
of the Sandiganbayan)
 F. Violation of Cybercrime Prevention Act.
G. Violation of the Philippine Competition Act.
REGIONAL TRIAL COURT: AS FAMILY COURTS
A. Criminal cases where one or more of the accused is below 18
years of age but less than 9 years of age, or where one or more
of the victims is a minor at the time of the commission of the
offense. 18-VADD
B. Cases against minors cognizable under the Dangerous Drugs
Act as amended.
C. Violation of Child Abuse Act.
D. Cases of Domestic Violence Against Women and Children.
E. Cases of Violence Against Women and Their Children.
Note: Family Court has no jurisdiction in murder cases where the minor
victim is dead.
REGIONAL TRIAL COURT: AS SPECIAL COMMERCIAL COURT
A. Cases involving violation of Intellectual Property Rights.
RTC: APPELLATE JURISDICTION
A. All cases decided by the MTC within its territorial jurisdiction.
SANDIGANBAYAN
A. Violations of RA 3019, 1379
Bribery, Corruption of Public Officer under RPC, where accused occupy
the following positions, whether permanent, interim, or acting at the
time of the commission of the offense. JOE-CC
1. Office of Executive Branch – regional director or higher
classified as Grade 27 and higher of Compensation and Position
Classification Act of 1989 including:
a) Provincial Governors, Vice, Panlalawigan, Treasurers,
Assessors, Engineers, Department Heads. – 7_PVPAED
b) City Mayors, Panlungsod, same …
c) Diplomats – Consul or Higher
d) Philippine Army and Airforce Colonel, Naval Captain or higher
_3_PAN
e) PNP Officers – Provincial Director with Senior Superintendent
rank or higher.
f) City Provincial Fiscals, Assistant, Special Prosecutors_3_CAS
g) Presidents, Directors, Trustees, Managers of GOCC, State
Universities or Education Institutions_4_PDTM_gse
2. Members of Congress or Officials with Grade 27 and up.
3. Judiciary Members without prejudice to the provisions of the
Constitution
4. Constitutional Commission – Chairmen and Members
5. All national and local officers with Grade 27 or up.
B. Other offenses committed by persons in sub-section a, in
relation to their office.
C. Civil and Criminal cases filed pursuant to EO 1,2,14,14-A.
(Sequestration Cases)
SANDIGANBAYAN_APPELLATE JURISDICTION
• Sandiganbayan shall exercise exclusive appellate jurisdiction
over final judgments, resolutions or orders of RTC whether in
 the exercise of their own original jurisdiction or of their ▪ No direct filing in RTC because jurisdiction over offenses with
appellate jurisdiction as herein provided. imprisonment of more than 6 years a preliminary investigation
• In case private individuals are charged with public officers is to be conducted when penalty is at least 421.
including those employed in GOCC, they shall be jointly under ▪ MTC can still require PI for as long as the imposable penalty
proper courts. does not exceed 6 years.
• Sandiganbayan has no jurisdiction over BIR Regional Director
COURT OF APPEALS
whose salary does not exceed Grade 26.
A. Over judgment of RTC.
RULE 110: PROSECUTION OF CRIMINAL ACTIONS
B. Appeals from judgments of RTC in tax cases originally decided
Purpose of Criminal Action – to determine penal liability of the by them.
accused. C. Over petitions for review of the judgments of RTC in the
exercise of its appellate jurisdiction from decision of MTC.
Institution of Criminal Action in MTC
COURT OF TAX APPEALS_ORIGINAL JURISDICTION
When a PI is Required When PI is Not Required
- A criminal action is ➢ A criminal action is A. Criminal cases arising from violations of NIRC, TCC, and other
instituted by filing a instituted either: laws administered by the BIR and BOC.
complaint with proper a. Filing of Complaint or
officer for the purpose Information with the Provided that where the offenses where the principal amount of
of conducting PI. MTC or MCTC taxes and fees exclusive of charges and penalties is less that 1
b. File with the Office of Million, or where there is no specified amount claimed, it shall be
the Prosecutor tried by the regular courts subject to Court of Tax Appeals appellate
➢ when penalty is at ➢ Offenses with jurisdiction.
least 4 yrs., 2 months imprisonment of less
and 1 day. than 421 Note:
➢ Persons lawfully
Jurisdiction over Complex Crime – it is determined by the
arrested without
penalty prescribed for the more serious crime pursuant to
warrant when the
person is subject to Article 48 of the RPC.
inquest.
INSTITUTION OF ACTION vis-à-vis PRESCRIPTIVE PERIOD
Note:
Prescription – it is a substantive right. It is a proper ground to quash
▪ No direct filing in Metro Manila and Chartered Cities being a the Information.
substantive law.
Section 1, Rule 110. The institution of the criminal action shall interrupt
the running period of prescription of the offense charged unless
otherwise provided in special laws.
Section 2. Prescription shall begin to run from the day of the
commission of the violation of the law, and if the same be not known
at the time, from the discovery thereof and the institution of judicial
proceeding for its investigation and punishment.
▪ Required signature is merely procedural.
▪ Jurisdiction is conferred by law.
▪ Raise the issue before arraignment, otherwise, the right is
waived.
INTERVENTION OF OFFENDED PARTY
Section 16. Intervention of the Offended Party in Criminal Action. –
Where the civil action for recovery of civil liability is instituted in the
criminal action pursuant to Rule III, the offended party may intervene
by counsel in the prosecution of the offense.

Note:
▪ The prescription shall be suspended when proceedings are OFFENDED PARTY MAY NOT INTERVENE WHEN_4_WIRN
instituted against a guilty person. a. Waives the civil action.
▪ Shall begin to run again if the proceedings are dismissed for b. Institutes civil action prior to the criminal action.
reasons not constituting jeopardy. c. Reserves the right to institute civil action separately.
▪ Trafficking in Person – 10 years or 20 years (if syndicated or d. No Civil liability arises in favor of the offended party (Sedition,
large scale) Rebellion, Treason, Crimes against National Security)

INDEPENDENT CIVIL ACTION

Section 5, Rule 110: Who Must Prosecute Criminal Action
➢ Cases where criminal action also gives rise to institution of civil
Public Prosecutor action. (Physical injury, Fraud, Defamation, when the act which
However, Private Prosecutor may Prosecute provided: 4_HLAW constitutes a crime but also a quasi-delict).

1) Fiscal has heavy workload Note:

2) Lack of Fiscal ▪ All other civil actions under Articles 32,33,34 and 2176 of the
3) Written authorization by Chief Prosecution Officer or Regional Civil Code are no longer instituted, and may be filed separately
State Prosecution and prosecuted independently even without any reservation in
4) The written authorization, to be effective must be with the the criminal action.
approval of the Court. absence of authority or prior approval of ▪ The failure to make a reservation in the criminal action is not
the handling prosecutor from the city or
Note: provincial prosecutor cannot be considered
a waiver of the right to file a separate and independent civil
as among the grounds for the quashal of action based on these articles of the Civil Code.
▪ The Court does not lose jurisdiction. an Information which is non-waivable.
 Only offended spouses, not The minor if with sufficient
incapacitated. discretion if she has no
parents or if the accused is her
PROSECUTION OF PRIVATE CRIMES own father and her mother is
dead.
GR: All criminal actions initiated by Complaint or Information shall be Parents, Grandparents, and
filed by the Prosecutor. Guardian, in such order, with
the minor offended party.
XPN: Private Crimes Offended woman (of age).
1. Adultery and Concubinage – except upon complaint of the
offended party spouse and instituted against both guilty
parties, unless one of them is dead. It may not be instituted if
the offended party has consented to the offense or pardoned
the offenders. Subsequent Marriage of Accused and Offended Party
2. Seduction, Abduction and Acts of Lasciviousness – except
upon Complaint of offended party, parents, grandparents, or GR: Extinguish criminal liability of co-principals, accomplices, and
guardian (successively in the order mentioned) neither if accessories, even if it occurs after the filing of the complaint.
expressly pardoned). If no known P, GP, G, the State may file if XPN: When marriage is contracted in bad faith.
the offended dies or becomes incapacitated before the filing of BIM
the complaint. Other Cases:

Note: Private Libel or Libelous imputation of the commission of the

crimes of C, A, S, ABD, R, AL and Slander by Deed.
▪ Minor may file independent of P, GP, G unless incompetent
In multiple rape, in so far as other accused in other act of rape
or incapable – if the parents does not want to file the
committed by them.
complaint, the minor himself may file unless found
incompetent or incapable. EFFECT OF DESISTANCE OF THE OFFENDED PARTY
▪ If the crime is Rape, then minor can initiate the complaint
herself. GR: It does not bar or even stop criminal prosecution. It only operates
▪ The time of giving pardon must be before the filing of the as waiver of the civil liability.
Complaint in Court. Since it is the State who is the real offended party in a criminal case, it
IN RELATION TO GIVING PARDON is the prosecutor or the Solicitor General, who has personality and
authority to prosecute and file a petition in behalf of the State.
Concubinage and Adultery Seduction, Abduction and
Acts of Lasciviousness
XPN: An offended party in a criminal case has sufficient personality to A Complaint or Information is sufficient if it contains: 6_NAD_NAP
file a special civil action for certiorari, even without the imprimatur of
1. Name of the Accused
the State if there is grave abuse of discretion amounting.
2. Acts or omissions complained of as constituting offense.
Note: If there is dismissal of the criminal action, the private 3. Designation of the offense given by statute.
complainant may file an appeal but only as to the civil liability of the 4. Name of the Offended party
accused is concerned. 5. Approximate date of the commission of the offense
6. Place where the offense was committed.
EFFECT OF DEATH OF THE OFFENDED PARTY TO THE CRIMINAL
ACTION Note:

a) If prior to the filing of the Information in Court, the offended
party already filed a complaint before the prosecutor, the death
of the complainant will not cause the dismissal of the
Information.
b) If the offended party died during the pendency of the case, this
will not extinguish criminal liability.
Purpose: To enable the accused to suitably prepare for his defense
since he is presumed to no knowledge on the facts constituting the
offense.
Remedy: Motion to Quash – Object to sufficiency before arraignment,
otherwise waived.

6_NADNAP
RULE 110: COMPLAINT OR INFORMATION
1. NAME OF THE ACCUSED, Section 7, Rule 110
It is a valid Information signed by a competent officer which vest ▪ The Complaint or Information must state the name and
jurisdiction on the court over the person of the accused and subject surname of the accused.
matter of the accusation. ▪ If the name cannot be ascertained then he will be described
If there is an infirmity in the Information, lack of authority of the officer, under a fictitious name.
cannot be cured by silence, acquiescence, or even by express consent. ▪ A mistake in the name is not a mistake in identity of the accused
especially when sufficient evidence is adduced to show that the
INFORMATION COMPLAINT accused is pointed to as the one of the perpetrators of the
An accusation in writing A sworn written statement crime.
charging a person with an charging a person with an
offense, subscribed by the offense, subscribed by the
prosecutor and filed by him offended party, any peace 2. CAUSE OF ACCUSATION, Section 9, Rule 110
with the court. (Section 4, Rule
officer, or public officer ▪ Statement of qualifying and aggravating circumstances must be
110) charged with enforcement of alleged in the Information. Otherwise, even if they are proven,
the law. (Section 3, Rule 110) they cannot be appreciated in determining the nature of the
TEST OF SUFFICIENCY: COMPLAINT OR INFORMATION crime and imposing the penalty.
SALE OF DRUGS INFO MUST HAVE: PICOD
a. identity of buyer and seller d. delivery of object
b. object of sale (amount or quantity of drugs traded). e. payment of consideration
c. consideration (how much)
3. DESIGNATION OF OFFENSE, Section 8, Rule 110
▪ Failure to designate the offense by the statute or mention
specific section does not vitiate the Information, if the
allegation clearly recites the facts that constitute the offense.
▪ Failure to specify the correct crime does not bar conviction
because the character of the crime is determined by the
allegation in the Information, not the caption or preamble.
4. NAME OF OFFENDED PARTY, Section 12, Rule 110
▪ The Complaint or Information must state the name and
surname of the person against whom or against whose
property the offense was committed or any appellation or
nickname by which such person has been or is known.
▪ If there is no better way of identifying him, he must be
described under a fictitious name.
▪ In offenses against property, if the name of the offended party
is unknown, the property must be described with such
particularity as to the properly identity the offense charged.
▪ If the true name of the person against whom or against whose
property the offense was committed is thereafter disclosed or
ascertained, the court must cause the true name to be inserted
in the Complaint or Information and the record.
▪ If the offended party is a juridical person, it is sufficient to state
its name, or any name or designation by which it is known or by
which it may be identified, without need of averring that it is a
juridical person or that it is organized in accordance with law.
5. APPROXIMATE DATE OF COMMISSION OF THE OFFENSE
GR: The date or time need not be stated in absolute accuracy, it may
be alleged to have been committed on a date as near as possible to the
actual date of commission.
XPN: If the date constitutes an essential element of the offense.
(Infanticide, Abortion, Bigamy)
6. PLACE OF COMMISSION
GR: Statement of the place is sufficient if it can be understood from the
allegation that the offense was committed or some of its essential
ingredients occurred at some place within the Courts jurisdiction.
XPN: Specific description is required if the place is an essential element
of the offense. (Trespass to Dwelling, Destructive Arson, Robbery in an
Inhabited Place).
Note: The nature and character of the crime is determined by the facts
alleged in the Information. Even if the designation is wrong, what is
controlling is the allegation.
AMENDMENT V SUBSTITUTION, Section 14
▪ A complaint or information may be amended, in form or in
substance, without the leave of court, at anytime before the
accused enters his plea.
▪ After the plea and during the trial, a formal amendment may
only be made with leave of court and when it can be done
without causing prejudice to the rights of the accused.
▪ However, any amendment before plea, which downgrades the
nature of the offense charged in or excludes any accused from
the complaint or information, can be made only upon motion
by the prosecutor, with notice to the offended party and with
leave of court. The court shall state its reasons in resolving the
MIC3
 motion and copies of its order shall be furnished all parties,
especially the offended party.
▪ If it appears at any time before judgment (substitution) that a
mistake has been made in charging the proper offense, the
court shall dismiss the original complaint or information upon
the filing of a new one charging the proper offense in
accordance with Section 19, Rule 119, provided the accused
shall not be placed in double jeopardy.
▪ The Court may require the witnesses to give bail for their
appearance at the trial.
Substantial Amendment
➢ It consists of the recital of facts constituting a change in the
offense charged to the prejudice of a party because another set
of evidence is required to suit the new change or because it
deprives an accused the opportunity to meet the new offense.
➢ After arraignment, substantial amendment is not allowed if
beneficial to the accused. The test as to whether a defendant
is prejudiced by the amendment is whether a defense under
the information as it originally stood would be available after
the amendment is made.
Formal Amendment
The following have been held to be mere formal amendments:
1) New allegations which relates only to the range of the penalty
that the court might impose in the event of conviction;
2) An amendment which does not charge another offense
different or distinct from that charged in the original one;
3) Additional allegations which do not alter the prosecution’s
theory of the case so as to cause surprise to the accused and
affect the from of defense he has or will assume;
4) An amendment which does not adversely affect any substantial
right of the accused; and
5) An amendment that merely adds specifications to eliminate
vagueness in the information and not to introduce new and
material facts, and merely states with additional precision
something which is already contained in the original
information and which adds nothing special for conviction for
the crime charged.
RULE 111: PROSECUTION OF CIVIL ACTION
Implied institution of the civil action in the criminal action. (Section 1(a)
Rule 111)
WIS
No Implied Institution
a) Before the filing of the Information and the case is still pending
for Preliminary Investigation;
b) Offended party waives the civil action;
c) Reserves the right to institute it separately; before the
prosecution starts presenting evidence.
GR: If Civil Action is instituted ahead, the same shall be suspended in
whatever stage until judgment in criminal action.
XPN:
1) Independent Civil Action
2) Prejudicial Question
Note:
▪ Reservation of Civil Action should be made before the
prosecution starts presenting its evidence. After reservation
the prescriptive period to file the civil action is tolled.
▪ In BP 22 NO reservation to file civil action is allowed.
▪ In Estafa, if offended party fails to manifest within 15 days
following the filing of the Information that the civil liability
 arising from the crime would be separately prosecuted, the
offended party shall pay the filing fee on the civil liability.
INDEPENDENT CIVIL ACTION AND QUASI-DELICT
▪ Arising from them may proceed independently.
▪ Civil actions under Article 32, 33, 34 and 2176 of the Civil Code
shall remain distinct and independent of the criminal
prosecution. CAQ-FID
Article 32 Liability for damages of public
officers or employees or
private individual who violates
the constitutional or civil
rights of offended party.
(Freedom of Speech, Religion,
Arbitrary or Illegal Detention).
Article 33 Defamation, Fraud and
Physical Injury
Article 34 Member of Police force fails to
render aid or protection to a
person in danger, the city or
municipality is subsidiarily
liable.
Article 2176 Quasi-delict
Whoever by act or omission
causes damage to another
there being fault or
negligence, is oblige to pay for
the damage done.
EFFECT OF DEATH OF THE ACCUSED IN THE CIVIL ACTION, Section 4,
Rule 111
▪ Accused dies after arraignment and during the pendency of
the criminal action – civil liability is extinguished.
▪ Accused dies before arraignment – case shall be dismissed and
offended party may file civil action against the estate.
Note:
▪ Not all can be claimed against the estate; the only claims
against the estate are money claims from contracts, expenses
for funeral, judgment of the court and awarding money.
▪ Being absolved in the civil action does not bar criminal action
from same act or omission.
Subsidiary Liability of Employer
RIDIN
REQ:
a) Establish employer-employee relationship;
b) They are engaged in the same kind of industry;
c) Crime committed by employees in the discharge of duties;
d) Execution against the latter has not been satisfied because of
insolvency;
e) Due notice to the employer.
PREJUDICIAL QUESTION, Section 7, Rule 111
It is an issue involved in a civil case which is similar or intimately related
to the issue raised in the criminal action, the resolution of which
determines whether or not the criminal action may proceed.
Requisites: 5_JASIR
1. Jurisdiction to try the question must be lodged in another
tribunal;
2. Civil action is instituted ahead of the criminal action;
3. A motion for suspension of the criminal proceeding is filed
before the criminal case;
 4. Involves facts intimately related to those upon which the
criminal action is based; and
5. Resolution of the issue in the civil action, the guilt or innocence
of the accused would necessarily be determined.
NO PREJUDICIAL QUESTION
Cases NOT Requiring PI
1. One administrative the other is civil.
2. One is administrative the other is criminal.
Rule 112: PRELIMINARY INVESTIGATION
Instances When There is a Waiver of PI 3_AW-5
1. Failure to invoke before arraignment
2. Express waiver
3. Failure to invoke it within 5 days from the time he learns of the
filing of the custodial investigation in those instances where the
accused is lawfully arrested without a warrant.
421-IP
1. Offenses with imprisonment of less than 421.
2. Person lawfully arrested without warrant when the person
arrested in subject to Inquest Proceedings.

➢ Stage in which a criminal action starts. ABSENCE OF PRELIMINARY INVESTIGATION

➢ Not all criminal cases filed in court requires PI. QIJ-AA
1. Not a ground for Motion to Quash
➢ Rule 112, Section 1 – 421.
2. Does not impair the validity of the Information or render it
Purpose: defective.
3. Does not affect the Courts jurisdiction.
• To determine if a crime has been committed.
4. Does not justify the release of the respondent to nullify warrant
• To protect the accused.
of arrest.
• To secure the innocent. 5. Cannot be raised the first time on appeal
• To prevent the State from useless and expensive trial.
• To determine the amount of bail if offense is bailable. OFFICERS AUTHORIZED TO CONDUCT PI
1. Provincial or City Prosecutors
Determination of Probable Cause 3_WSW 3. Ombudsman PN-COPA
and their assistants;
4. COMELEC 2. National and Regional State
1. Issuance of Warrant of Arrest Prosecutors;
5. PCGG
2. Issuance of Search Warrant
6. Any government agency authorized to investigate and file cases
3. Warrantless Arrest by Peace Officer or Private Individual
like special counsel designated by DOJ.
Right of Respondent in PI 3_ CCE
PROCEDURE IN PRELIMINARY INVESTIGATION _ 5_CSC-CR
1. Submit Counter-Affidavit
2. Be present during clarificatory hearing 1. Complaint
3. Examine evidence submitted by complainant at his own 2. Subpoena
expense. 3. Counter-affidavit
4. Clarificatory Hearing
 REMEDY OF ACCUSED IF AN INFORMATION IS FILED RAQ
WITHOUT A PI

1. MOTION TO REMAND THE CASE TO PROSECUTOR’S

5. Resolution OFFICE FOR PI.
Executive Determination Judicial Determination
2. FILE A MOTION TO QUASH Made during Preliminary Made by the Judge to ascertain
Resolution (Section 4) 3. Ask for PI after signing of waiver of the provisions of Article Investigation whether a warrant of arrest
125 of the RPC
No complaint or information may be filed or dismissed by an should be issued against the
accused.
investigating prosecutor without prior written authority or
approval of the provincial or city prosecutor or the ombudsman
or his deputy. Rule 113: ARREST
2000 NPS RULE ON APPEAL – Malabo notes ko dito pa-help here please ➢ Taking a person into custody in order that he may be bound to
HAHA answer for the commission of an offense.
Note: If there is no PI GR:
▪ Motion before arraignment to remand the case to Prosecutor ➢ No Search without a warrant
for PI. ➢ No Arrest without a warrant
▪ If there was valid arrest without a warrant, ask for PI after
Person Not Subject to Arrest SAS
signing a waiver on provisions of Article 125 – before the
complaint is filed or within 5 days from the time he learns of 1. A Senator or Member of the House of Representatives (not
the filing. punishable by more than 6 years of imprisonment)
▪ If the accused was unlawfully arrested, file a motion to quash -If Congress is not in session- N/A, if more than 6 yrs, even if in session
on the ground of no jurisdiction over the person. 2
SUSPENSION OF ARRAIGNMENT
3 D

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directing the arrest of a person upon the grounds stated therein.
3. If pending review before DOJ – suspend by Motion of Parties.

OPTION OF THE JUDGE – 3_DAW

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2. Ask for additional evidence from the prosecution the complainant and witnesses he may produce
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Note: The Judge does not need to personally examine the witnesses – ➢ But such presumption does not allow the detained accused to
only the records. hold office or practice his profession as it does not carry with it
full enjoyment of civil and political rights.
Remedy: Motion to Quash Information is improperly sued.
Purpose of Bail
WHEN WARRANT OF ARREST IS UNNECESSARY – 3_DAF
- It is to guarantee the appearance of the accused at the trial, or
1. Accused is already under detention whatever required so by the Court. The amount of bail should
2. CA filed pursuant to a valid warrantless arrest be high enough to assure presence of the accused, but should
3. Offense penalized by Fine only. not be higher than is reasonably calculated to fulfill this
WARRANTLESS ARREST, Section 5 purpose. (Yap v CA, 2011)
Note:
1. In Flagrante Delicto – “overt act”
2. Arrest in Hot Pursuit ▪ A hearing is mandatory before bail can be granted to an
- Must be just committed accused who is charged with capital offense.
- Person making the arrest has personal knowledge of facts ▪ All prisoners whether under preventive detention or serving
indicating that the person to be arrested has committed it. final sentence cannot practice their profession nor engage
in any business or occupation, or hold office, elective or
RIGHTS OF PERSON TO BE ARRESTED- CIVS
appointive, while in detention.
a) Assisted with a counsel
Meaning of “when evidence of guilt is strong” –
b) Right to remain silent
c) Right to be informed of the above rights - Clear, strong evidence which leads a well-guarded
d) To be visited by immediate members of his family, counsel, dispassionate judgment to the conclusion that the offense has
NGO. been committed as charged, that the accused is guilty agent,
and that he will probably be punished capitally if the law is
Rule 114: BAIL administered.
➢ Bail involve not only the right to liberty but also the right of the Other Instances when Bail may be Availed:
State to protect the people and peace of the community from
dangerous elements. (People v Manalo) 1. Person lawfully arrested without a warrant asks for a PI before
➢ It is a constitutional right which flows from presumption of the C/I is filed in Court.
innocence, but it is personal in nature, thus waivable. 2. In case of a material witness where bail is needed to secure his
➢ It only accrues when a person is arrested or deprived or his appearance when there is proof that the witness will not testify
liberty; hence the bail presupposes that the accused is under when required; or he is the lone witness, upon motion.
legal custody. (Paderanga v CA)
 COPYS
When Bail is Not Required or When Recognizance is Sufficient
1. Violation of municipal ordinance, light or a criminal offense,
penalty of which does not exceed 6 months imprisonment
and/or Php2K fine.
2. Person in custody for period equal to or more than the
minimum of the imposable penalty. The Court may allow his
release on reduced bail or own recognizance.
3. Where accused has applied for probation, pending the
resolution of the case but no bail was filed or accused is
incapable of filing one.
4. Youthful offender held for physical or mental examination, trial
or appeal and he is unable to furnish bail.
5. Cases under Rule on Summary Procedure where the accused
has been arrested for failure to appear when required.
Conditions of the Bail; Requirements, Section 2
All kinds of bail are subject to the following conditions: -4_ BEAF
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 RTC, irrespective of
whatever the case was originally filed in or appealed to it;
b) The accused shall appear before the proper court whenever
required by the Court of these Rules;
c) The failure of the accused to appear at the trial without
justification and despite due notice shall be deemed a waiver
of his right to be present thereat. In such case, the trial may
proceed in absentia; and
d) The bondsmen shall surrender the accused to the court for
execution of the final judgment.
Right to Bail in Military Does not Exist
- Justification to this rule involves the unique structure of the
military and national security considerations which may result
to damaging precedents that mutinous soldiers will be released
on provisional liberty giving them the chance to continue their
plot in overthrowing the government.
Bail in Deportation Proceedings
- The grant of bail is not a matter of right but of discretion on the
part of the immigration commissioner.
- Section 37 of the Philippine Immigration Act states that any
alien under arrest in deportation proceeding may be released
under bond or under such condition as may be imposed by the
Commissioner of Immigration.
Bail in Extradition Proceedings
- Bail is not a matter of right in extradition.
Bail for Those NOT Yet Charged
- Section 17(c), Rule 114 – Any person in custody who is not yet
charged in court may apply for bail with any court in the
Province, City, or Municipality where he is held.
Where to File Bail, Section 17
a) With the Court where the case is pending.
b) Or in the absence or unavailability of the Judge thereof, with
ANY RTC, MTC in the Province, City, or Municipality.
c) If the accused is arrested in a PCM other than where the case is
pending, bail may also be filed with any RTC of the said place,
or if no judge thereof is available, with any MTC Judge therein.
Note: Whenever the bail is filed with a court other than where the case
is pending, the judge who accepted the bail shall forward it, together
with the order of release and other supporting papers, to the court
where the case is pending, which may, for good reason, require a
different one to be filed.
d) Where the grant of bail is a matter of discretion, or the accused
seeks to be released on recognizance, the application may only
be filed in the court where the case is pending, whether on
preliminary investigation, trial, or on appeal.
e) Any person in custody who is not yet charged in court may
apply for bail with any court in the PMC where he is held.
Bail, a matter of right, Section 4
Not-MC
a) Before or After conviction by the MTC
b) Before conviction by the RTC of an offense not punishable by
Death, Reclusion Perpetua, or Life Imprisonment.
c) Before final conviction by all children in conflict with the law for
an offense not punishable by RP or LI.
Bail, when discretionary, Section 5 BUE
a) Before conviction by the RTC of an offense punishable by RP, LI.
b) Upon conviction by the RTC of an offense not punishable by D,
RP, or LI.
Note: The application for bail may be filed and acted upon by the trial
court despite the filing of a notice of appeal, provided it has not
transmitted the original record to the appellate court. However, if the
decision is non-bailable to bailable, the application for bail can only be
filed with and resolved by the appellate court.
c) Regardless of the stage of the proceeding where the imposable
penalty is D, RP, or LI, when the evidence of guilt is not strong.
Remedy: Petition for Bail (When Bail is Discretionary)
When Should Bail be Denied
1) After conviction by the RTC of an offense and penalty is D, RP,
and LI.
2) After conviction by the RTC and penalty is imprisonment
exceeding 6 years upon a showing by the prosecution of the
following similar circumstances.
5_REP-FC
a) Recidivist- that he is a recidivist, quasi-recidivist, or habitual
delinquent, or has committed the crime aggravated by the
circumstance of reiteration;
b) Escapee – that he has previously escaped form legal
confinement, evaded sentence, or violated the conditions of his
bail without valid justification.
c) Probation – that he committed the offense while under
probation, parole, or conditional pardon;
d) Flight risk – probability of flight if released on bail.
e) Crime Risk – that there is undue risk that he may commit
another crime during the pendency of the appeal.
3) Where the judgment of conviction has become final, unless
before finality, the accused applies for probation.
Remedy in case Bail is denied: Motion to Review Order
Note:
Enrile v Sandiganbayan
(1) That the detainee will not be a flight risk or a danger to the
community; and
(2) That there exist special, humanitarian and compelling
circumstances.
Forms of Bail _ 4_CCPR
CAPE- PAN-FFF
 Forms of Bail (CP-CR)

1) Corporate Surety/Bail Bond When the presence of the accused is required by the Court or these
2) Cash Rules his bondsmen be notified to produce him before the Court on a
3) Property given date and time.
4) Recognizance
a) If the accused failed to appear in person as required, his bail
PFC shall be declared forfeited.
When May a Person be Released od Recognizance b) The bondsmen given 30 days within which to produce their
principal and to show cause why no judgment should be
1) When accused has applied for probation, pending resolution of rendered against them for the amount of their bail.
the case but no bail was filed or the accused is incapable of filing (i) Produce the body of their principal or give the reason
one. for his non-production; and
2) Where a child is detained, the court shall order the release of (ii) Explain why the accused did not appear before the
the minor on recognizance to his/her parents and other Court when required to do so.
suitable persons.
3) When accused was arrested for failure to appear when Failing in these two requisites a judgment shall be rendered against the
required. He may be released on recognizance by a responsible bondsmen, jointly and severally, for the amount of the bail.
citizen acceptable to the Court. The Court shall not reduce or otherwise mitigate the liability of the
bondsmen, unless the accused has been surrendered or is acquitted.

Note:

When Bail is Cancelled, Section 22, Rule 114
1) Upon application of the bondsmen, with due notice to the
prosecutor, the bail may be cancelled upon surrender of the
accused or proof of his death.
2) The bail shall be deemed automatically cancelled upon
acquittal of the accused, dismissal of the case, or execution of
the judgment of conviction.
Note: In all instances, the cancellation shall be without prejudice to any
liability on the bond.
When Bail is Forfeited and its Effect, Section 21, Rule 114
▪ Bail is not a bar to objections on illegal arrest, lack of or irregular
preliminary investigation.
Rule 115: Right of the Accused
Section 1. Right of the Accused at the Trial. – In all criminal
prosecutions, the accused shall be entitled to the following rights:
a) To be presumed innocent until the contrary is proved beyond
reasonable doubt.
b) To be informed of the nature and cause of the accusations
against him.
c) To be present and defend in person and by counsel at every
stage of the proceedings, from arraignment to promulgation of
Section 1. Rights of accused at the trial. INPOE-CASA

(a) To be presumed innocent until the contrary is proved beyond reasonable doubt.

(b) To be informed of the nature and cause of the accusation against him.

(c) To be present and defend in person and by counsel at every stage of the proceedings, from arraignment to promulgation of the judgment.

(d) To testify as a witness in his own behalf but subject to cross examination on matters covered by direct examination.

(e) To be exempt from being compelled to be a witness against himself.

(f) To confront and cross-examine the witnesses against him at the trial.

(g) To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf.

(h) To have speedy, impartial and public trial.

(i) To appeal in all cases allowed and in the manner prescribed by law.

 the judgment. The accused may, however, waive his presence
at the trial pursuant to the stipulations set forth in his bail,
unless his presence is specifically ordered by the Court for
purposes of identification. 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. When an
accused under custody escapes, he shall be deemed to have
waived his right to be present of all subsequent trial dates 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 the assistance of counsel.
Note: The accused don’t have to be present at every stage. However,
he must commit that he’ll be present when required by the Court.
Right of Person Under Custodial Investigation _ 4_SITS
1) Right to be silent and to be informed of such right.
2) Right to have an independent counsel and be informed of such
right. If he cannot afford the services of such counsel he should
be provided with one. The right to remain silent and to counsel
cannot be waived except in writing in the presence of counsel.
3) The right against torture, force, violence, threat, intimidation,
or any other means which vitiate free will.
4) Right against secret detention places, solitary, incommunicado
or other similar forms of detention.
Custodial Investigation
Involves questioning initiated by law enforcement officers after a
person has been taken into custody.
Where the investigation is no longer a general inquiry but focus is made
on a particular suspect taken into custody and the police’s question
tend to elicit incriminating statements, confession, admission, that the
right to counsel begins.
Note:
▪ No custodial investigation shall be conducted in the absence of
a competent and independent counsel and the person can only
be detained in accordance with the provisions of Article 125 of
the RPC.
▪ The right to counsel becomes important only when there is
confession.
▪ A police line-up is not part of CI.
▪ Signing of receipts for property allegedly confiscated is a
violation of a constitutional right to remain silent.
Requisites for Validity of Extrajudicial Confession by Person Arrested,
Detained, or under CI
1) In writing and signed; WC
2) Signed in the presence of his counsel, or in the absence of the
latter, upon valid waiver – non-compliance, the waiver
becomes void.
d) To testify as a witness in his own behalf but subject to cross-
examination on matters covered by direct examination. His
silence shall not in any manner prejudice him.
e) To be exempt from being compelled to be a witness against
himself.
Note:
▪ Right Against Self-Incrimination – available only to natural
person and covers only testimonial evidence.
▪ Writing is included in the exemptions.
▪ The use of blood test is not testimonial in character.
 ▪ The protection does not cover compulsion to submit to
finger-printing, photography, or measurements, to write
or speak for identification, to make a particular gesture.
▪ Compulsion to write to prove falsification is covered by the
protection.
▪ Writing is more than a mechanical act but involves
application of intelligence and attention.
f) To have speedy, impartial and public trial.
➢ Right to Speedy Disposition of Cases – Cagang v
Sandiganbayan – every accused has the right to due process
and to speedy disposition of cases.
➢ Inordinate delay – in the resolution and termination of a
preliminary investigation will result in the termination of the
case against the accused. Nonetheless, the accused must
invoke his or her constitutional rights in a timely manner.
➢ The failure to do so could be considered by the Courts as a
waiver of right.
(Read: Cagang v Sandiganbayan)
Rule 116: Arraignment and Plea
Section 1. Arraignment and Plea; how made. –
(a) The accused must be arraigned before the court where the
complaint or information was filed or assigned for trial. The
arraignment shall be made in open court 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 known
to him, and asking him whether he pleads guilty or not guilty.
The prosecution may call at the trial witnesses other than those
named in the complaint or information.
(b) The accused must be present at the arraignment and must
personally enter his pleas. Both arraignment and plea shall be
made of record, but failure to do so shall not affect the validity
of the proceedings.
Plea Bargaining
(f) The private offended party shall be required to appear at the
arraignment for purposes of plea bargaining, determination of civil
liability, and other matters requiring his presence. In case of failure of
the offended party to appear despite due notice, the court may allow
the accused to enter a plea of guilty to a lesser offense which is
necessarily included in the offense charged with the conformity of the
trial prosecutor alone.
Plea bargaining shall proceed provided the private offended party in
crimes, or the arresting officer in victimless crimes, is present to give
their consent with the conformity of the public prosecutor to the plea
bargaining.
When to Arraign and Conduct Pre-Trial
Arraignment of the accused and the pre-trial shall be set 10 days from
receipt of the case for detainees and 30 days from the time the court
acquires jurisdiction for non-detainee, unless shorter period is
provided by special law or Supreme Court Circular.
Waiver of Reading of Information
➢ In multiple cases, the court upon personal examination of the
accused, may allow of the reading of the information upon the
full understanding and express consent of the accused and
counsel.
 ➢ The Court shall explain the waiver to the accused in a language Plea of Guilty to Capital Offense: Reception of Evidence, Section 3
or dialect known to him and ensure full understanding of the
consequences of the waiver before approving the same. When the accused pleads guilty to a capital offense, the court shall
conduct a searching inquiry into the voluntariness and full
Note: comprehension of the consequences of his plea and require the
➢ Without prior arraignment – the accused cannot invoke double prosecution to prove his guilt and the precise degree of culpability. The
jeopardy. accused may present evidence in his behalf.
➢ If the accused has not been arraigned – he cannot be tried in Three-Fold Duty of the Trial Court_3_IPE
absentia.
In instances where the accused pleads guilty to a capital offense:
Option of the Accused before Arraignment BS-QC
a) Conduct a Searching Inquiry
Section 9, Rule 116 Bill of Particulars b) Allow the accused to present evidence on his behalf.
Section 11, Rule 116 Suspension of Arraignment c) Require the prosecution to prove the accused’s guilt and
Section 3, Rule 117 Motion to Quash precise degree of culpability’
Section 26, Rule 114 Challenge the validity of the
Arrest or question lack of Note: The accused may no longer be convicted for a capital offense on
Preliminary Investigation the sole basis of his Plea of Guilty.
Arraignment under Amended or Substituted Information
The searching inquiry of the trial court must be focused on:
o Substantial Amendment – Mandatory
(a) Voluntariness of the plea;
o Substitution – Mandatory
(b) The full comprehension of the consequences of the plea; and
Note: Belated arraignment does not violate the right of the accused. (c) Compels the judge to content himself reasonably that the
His counsel participated in the trial without raising any objection that accused has not been coerced or placed under a state of duress
his client has yet to be arraigned. Counsel’s participation indicates that – and that his guilty pleas has not therefore been given
he is aware of the charges against him. improvidently – either by actual threats of physical harm from
malevolent quarters or simply because of his, the judge’s
Plead of Guilty to a Lesser Offense, Section 2
intimidating robes.
IC
Req: A search inquiry must also expound on:
1) Lesser offense necessarily included in the offense charged; 1) The events that actually took place during the arraignment;
2) With the consent of both offended party and prosecutor, unless 2) The words spoken and the warnings given;
offended party did not appear during arraignment despite 3) With special attention to the age of the accused;
notice. 4) His educational attainment;
5) Socio-economic status;
 6) The manner of his arrest and detention;
7) The provision of counsel in his behalf and during the custodial
and preliminary investigations;
8) Opportunity of his defense counsel to confer with him;
9) The trial court must explain the essential elements of the crime
he was charged with and its respective penalties and civil
liabilities; and
10) Direct a series of questions to defense counsel to determine
whether he has conferred with the accused and has completely
explained to him the meaning of the plea of guilty.
Note: The above-mentioned formula is MANDATORY and absent any
showing that it was followed, a searching inquiry cannot be said to
have been undertaken.
For the Guidance of the bench and the bar, the Court adopts the
following guidelines concerning please to Capital Offenses:
1) At the trial stage, when the accused makes a plea of guilty to a
capital offense, the trial court must strictly abide by the
provisions of Section 3, Rule 116 of the 2000 Revised Rules of
Criminal Procedure. In particular, it must afford the prosecution
an opportunity to present evidence as to the guilt of the
accused and the precise degree of his culpability. Failure to
comply with these mandates constitutes grave abuse of
discretion.
(a) In case the plea of guilty to a capital offense is supported by
proof beyond reasonable doubt, the trial court shall enter a
judgment of Conviction.
(b) In case the prosecution presents evidence but fails to prove the
accused’s guilt beyond reasonable doubt, the trial court shall
enter a judgment of Acquittal in favor of the accused.
(c) In case the prosecution fails to present any evidence despite
opportunity to do so, the trial court shall enter a judgment of
Acquittal of the accused.
(d) In the above instance, the trial court shall require the
prosecution to explain in writing within 10 days from its failure
to present evidence. Any instance of collusion between the
prosecution and the accused shall be dealt with to the full
extent of the law.
Prohibited Motions Before Arraignment
1) Motion for Judicial Determination of Probable Cause JIR-QAC
2) Motion for Preliminary Investigation if filed beyond 5 days
period
3) Motion for reinvestigation if done without prior leave of Court;
or in cases where PI is not required; or when PI has actually
been conducted and the issue raised in the motion is not
meritorious such as (credibility, admissibility, lack of due
process when accused has been notified)
4) Motion to Quash when the ground is not among those under
Section 3, Rule 117.
5) Motion to Suspend Arraignment based on grounds not stated
under Section11, Rule 116.
6) Petition to Suspend Criminal Action, when no civil action has
actually been filed.
Note:
o Section 3, Rule 117
o Section 11, Rule 116
o 2000 NPS RULE ON APPEAL
o Cagang v Sandiganbayan
 When shall a plead of not guilty be entered? RE

1. When accuse refuses to plead or makes a conditional plead

2. When accused pleads guilty but presents exculpatory evidence, his plea shall be withdrawn and not guilty plead shall be
entered for him.

MERITOUS MOTION WAU-PISES

1. Motion to withdraw information, downgrade the charge in the original information, or exclude an accused as a result of reinvestigation or petition for review
2. Motion to quash warrant of arrest

3. Motion to suspend arraignment on the ground of unsound mental condition

4. Motion to suspend proceedings on the ground of PQ where a civil case was filed prior to the criminal
5. Motion to quash information
6. Motion to discharge an accused as a state witness
Motion to quash search warrant or supprese evidence
7. Motion to dismiss on the ground of SLAPP

Mediation (Mediatable Offense) PPH



1. Crimes where payment may prevent criminal prosecution or extinguish criminal liability (BP 22, SSS Law, Pag-ibig Law)


2. Crimes against property (Theft, Estafa (except under Art. 315 (2) and (3), Other forms of swindling, swindling a minor, other deceits, malicious mischief)


3. Crimes against honor (Libel, Slander, Criminal Negligence, IPR (where liability may be civil in nature), intriguing against honor, incriminating an innocent

person)