Crim Pro Review

Remedial Law Review Notes under Atty Ferdinand Tan
CRIMINAL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Criminal Procedure Notes provided for

in ordinary
Criminal Procedure actions shall
be, as far as
- Proceeding in which the state practicable,
prosecutes a person for an act or apply
omission in violation of penal laws, and suppletory
in case of conviction, the court imposes May involve Involves the Involves 2 or
only one State against more parties
the proper punishment provided for by
party the accused
penal laws Initiated by Initiated by Initiated by
petition complaint complaint
Criminal jurisdiction (but filed in
court by
- Authority of the court to hear and try Information)
criminal offenses and to impose proper Except Based on an Based on a
punishment as provided for by penal habeas act or cause of
laws corpus, not omission action
based on a punishable
Special Criminal Ordinary cause of by law
Proceeding Procedure Civil Action action
s
A remedy by The State A party sues
which a prosecutes a another for
party seeks person for the
to establish an act or enforcement Sources of criminal procedure
a status, a omission or protection
right, or a punishable of a right, or 1. A3 of Constitution
particular by law the
fact prevention or 2. 110-127, Rules of Court
A redress of a
proceeding wrong 3. Administrative circulars
wherein a
person is 4. Bp129
prosecuted
by the State 5. RA7691
for acts or
omissions 6. RA7160
committed in
violation of 7. RA9262
penal laws,
and to 8. DOJ Circular 70 and 61 (on inquest)
impose the
correspondin 9. RA7438- rights of persons arrested or
g penalty detained
provided for
by penal 10. Ombudsman Law
laws
Governed by Governed by Governed by 11. RA1606- Sandiganbayan
special rules, the Revised the rules for
and in the Rules of ordinary civil 12. RPC A100
absence of Criminal actions
special Procedure 13. NCC A31-34, 2176
provisions,
the rules
1
CRIMINAL PROCEDURE
Constitutional Provisions of Criminal remain silent and have competent and

Procedure: independent counsel preferably of his
own choice
A3 S1
If the person cannot afford the services of
No person shall be deprived of life, liberty or counsel, he must be provided with one. These
property without due process of law, nor shall rights cannot be waived without writing and
any person be denied equal protection of the without presence of counsel
laws
2. No torture, force, violence, threat,
A3 S2 (relate to R126, 113—hatiin ang intimidation, or any other means which
constitutional provision) vitiate free will shall be used against
him. Secret detention places, solitary,
Right of people to be secure in their persons,
incommunicado, other forms of
homes, papers and effects against
detention are prohibited
unreasonable searches and seizures of
whatever nature and purpose shall be inviolable,
and no search warrant or warrant of arrest shall
issue except upon probable cause determined 3. Any confession or admission obtained in
personally by a judge under oath or affirmation violation of this or S17 thereof shall be
of the complainant and witnesses he may inadmissible in evidence against him
produce, particularly describing place to be
searched and persons or things to be seized
A3 S3 4. The law shall provide for penal and civil

sanctions for violation of this Section as
1. The privacy of communication and well as compensation to and
correspondence shall be inviolable rehabilitation for victims of torture or
except upon lawful order of the court, or similar practices and their families
when public safety or order requires
otherwise as prescribed by law A3 S13
All penalties except those charged with offenses

punishable by RP when evidence of guilt is
2. Any evidence obtained in violation of strong shall, before conviction, be bailable by
this or the preceding section shall be sufficient sureties or be released on
inadmissible for any purpose in any recognizance as may be provided by law.
proceeding
The right to bail shall not be impaired even when
A3 S4 the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be
No law shall be passed abridging the freedom of required.
speech, of expression, or the press, or the right
of the people peaceably to assemble and A3 S14 (relate to Rule 115- rights of the
petition the government for redress of accused)
grievances.
1. No person shall be held to answer
A3 S12 without due process of law
1. Any person under investigation for

commission of an offense shall have the
right to be informed of the right to
2
CRIMINAL PROCEDURE
2. In all criminal proceedings, accused 1. no person shall be detained solely

shall be presumed innocent unless the because of his political beliefs and
contrary is proved (on the prosecution to aspirations
prove), and shall enjoy the right to
2. no involuntary servitude in any form

a. be heard by himself or his shall exist except as punishment for the
counsel, crime whereof, the party shall have
been duly served
b. be informed of the nature and

cause of the accusation against A3 S20
him
No person shall be imprisoned for non payment
of debt or for poll tax
c. have speedy, impartial, public A3 S21

trial
No person shall be twice put in jeopardy for
punishment for the same offense. If an act is
penalized by law and an ordinance, conviction or
d. meet with witnesses face to face acquittal under either shall constitute as bar to
another prosecution for the same act
A3 S22
e. have compulsory process to
secure attendance of witness No ex post facto law or bill of attainder shall be
and production of evidence in enacted
his behalf
NOTE: questions on criminal procedure and the
However, after arraignment, trial may proceed constitutional provisions can appear in criminal
notwithstanding the absence of the accused, law, political law, or remedial law
provided he has been duly notified and his
failure to appear is unjustifiable.
A3 S16 Jurisdiction with respect to criminal cases
All persons shall have the right to speedy Supreme Court

disposition of cases before all judicial, quasi
judicial, administrative bodies Exclusive original (8-5-1)
A3 S17 1. cases affecting ambassadors, public

ministers, consuls
No person shall be compelled to be a witness
against himself (NOTE: applies only to 2. petitions for C M P QW HC against CA,
testimonial evidence) Sandiganbayan
A3 S18
3
CRIMINAL PROCEDURE
Excusive appellate (8-5-2)- on appeal (R45) or 2. From RTC in cases appealed thereto
on certiorari (R65) when jurisdiction of lower from LCs and not appealable to
court is in issue Sandiganbayan
1. all cases in which jurisdiction of lower

court is at issue
Sandiganbayan
2. all criminal cases where penalty
imposed is RP or higher 1. Involves public officers with salary grade
27 or higher, whether or not with private
3. all cases where only error or question of indivs (latter, in case of being co
law is involved principals, accomplices, accessories, is
also covered by jurisdiction of
4. RTC decisions, where penalty is RP or Sandiganbayan)
LI, involving other offenses which,
though not so punished, arose out of Over the following cases:
same occurrence or which may have
been committed by accused on the - RA3019 (Anti Graft and Corrupt
same occasion Practices Act)
5. Automatic review in criminal cases - Forfeiture in favour of state properties

where death penalty is imposed unlawfully taken by public officers
6. Petition for review on certiorari of CA, - Direct Bribery

Sandiganbayan, SC decisions, where
- Indirect Bribery
only questions of law are involved
- Qualified Bribery
- Corruption of Public Officials

CA
- Plunder
Exclusive original
- AMLA
1. Action for annulment of judgments of
RTCs
Concurrent 2. Offenses simple or complexed,

committed by officers salary grade 27 or
1. With SC- C M P QW HC vs
higher
Sandiganbayan
Officers covered?
2. With SC and RTC- C M P against lower
courts 1. Officers of executive branch Sal Gr 27
or higher
Exclusive appellate
2. Provincial G, VG, Sangguniang
By way of appeal
Panlalawigan, Provincial Treasurers,
1. From RTC in cases commenced therein Assessors, Engineers, other provincial
except those appealable to SC or department heads
Sandiganbayan
4
CRIMINAL PROCEDURE
3. M, VM, Sangguniang panglungsod, Concurrent Original

treasurer, assessors, engineers, other
city department heads Certiorari, Mandamus, Prohibition with SC, RTC,
CA
4. Officers of diplomatic service, consul
general or higher
5. Phil Army and Air Force Cols, Naval Appellate Jurisdiction

Capt, Officers of Higher Rank
1. By ordinary appeal- decisions of RTC in
6. Officers of PNP while occupying position exercise of original jurisdiction, when
of provincial director, senior SG 26 or lower, penalty > 6y
superintendent, or higher
2. By petition for review- decisions of RTC
7. City or provincial prosecutors and their in exercise of appellate jurisdiction,
assistants, officers and prosecutors in when SG 26 or lower, penalty < 6y
Office of the Ombudsman and Special
Prosecutors
RTC
8. President, Director, Trustee, Manager of
GOCCs, State Universities, Educational Exclusive Original
Institutions and Foundations
1. All crimes, penalty of which is higher
9. Members of Judiciary without prejudice than 6 years imprisonment
to Constitutional Provisions
2. All cases not within exclusive jurisdiction
10. Members of Congress, Officials Salary of any court, tribunal, body
Grade 27 or Higher
3. Jurisdiction over complex crime, over
11. Chairmen and Members of the whole, lodged with RTC having
Constitutional Commissions without jurisdiction to impose maximum and
prejudice to constitutional provisions most severe penalty imposable on an
offense forming complex crime
So, if lower than salary gr 27, consider the
penalty 4. Libel cases
Penalty > 6 y- RTC 5. Violation of CDDA 2002
Penalty < 6 y- MTC 6. Offenses under Sandiganbayan
jurisdiction but committed by public
Provision of Rule 41-42, if case involves SG 27
officer, SG 26 and lower, private
or higher, appeal/petition for review to
individuals as co principals,
Sandiganbayan
accomplices, accessories, imprisonment
is higher than 6 years
Can the Sandiganbayan try civil cases? Family Court Jurisdiction
YES, in case of ill gotten wealth, recovery of 1. Accused lower than 18 not under 15
which would be civil liability arising from the (Juvenile Justice Act) or where one or
criminal act more of the victims is a minor at the time
of commission of the crime
5
CRIMINAL PROCEDURE
2. Minor is accused in violation of CDDA 5. Offenses involving damage to property

2002 through criminal negligence, not
exceeding 10k
3. Violation of Anti Child Abuse Law
6. Cases of BP22
4. Cases of violation of RA9262
Note: in summary proceedings, such as in case
Appellate jurisdiction of BP22, no warrant of arrest shall be issued
1. All cases decided by lower courts in EXCEPT: in case the accused was duly notified,
exercise of respective territorial but failed to appear in the summary proceedings
jurisdiction
BP22- usually punished by FINE (x2 the amount
in the check, or the judge may impose the
proper penalty
MTC
Exclusive Original Jurisdiction, Ordinary Criminal

Cases Katarungang Pambarangay
1. Offenses punishable by imprisonment of General rule: No complaint, petition, action

not more than 6 years, irrespective of involving any matter within authority of Lupon
amount of fine, regardless of other shall be filed or instituted directly in any court or
imposable accessory or other penalties in other government office for adjudication
including civil liability arising from such unless there is confrontation between the parties
offenses or predicated thereon before the Lupon Chairman or Pangkat, and that
no conciliation or settlement has been reached
2. Offenses involving damage to property
as certified by Lupon or Pangkat Chair
through criminal negligence, value
exceeding 10k Exceptions:
3. All offenses under Sandiganbayan 1. Offenses punishable by imprisonment

Jurisdiction committed by public officer higher than 1 year, fine higher than 5k
and employees, and by private indivs
charged as co principals, accomplices, 2. Offenses where there is no private
accessories, imprisonment < 6y, SG 26 offended party
and lower
3. Dispute involves real properties located
4. Crimes punishable by destierro in different cities or municipalities unless
parties thereto agree to submit their
Summary Procedure differences before appropriate Lupon
1. Traffic violations 4. Dispute involving parties who actually

reside in barangays of different cities or
2. Violations of rental law
municipalities except where such
3. Violation of city or municipal ordinances barangay units adjoin each other and
parties agree to submit differences to
4. All other offenses punishable by amicable settlement before appropriate
imprisonment not exceeding 6 months Lupon
and or fine not exceeding 1k irrespective
of other penalties or civil liabilities 5. Other classes of disputes which
arising therefrom President may determine in the interest
6
CRIMINAL PROCEDURE
of justice or upon recommendation of NOTE: specific ground for motion to quash- that
DOJ Sec the court has no jurisdiction over the offense
charged (NEVER RAISE IMPROPER VENUE,
6. When accused is under detention THERE IS NO SUBJECT MATTER HERE)
7. Person deprived of liberty calling for HC NOTE: never file motion to dismiss on the
proceedings ground
8. When action already prescribed In criminal procedure, Venue is Jurisdictional,

unlike in civil procedure
9. Disputes involving traditions of
indigenous cultural communities Effect of non compliance with Barangay
Conciliation Proceedings:
- NOT A GROUND for motion to dismiss

IMPORTANCE OF KNOWING JURISDICTION:
on the ground of non compliance with
When complaint or information is filed with the condition precedent
wrong court, remedy:
- Court may take cognizance of the case
File MOTION TO QUASH (Rule 117) on the but refer the same back to the Barangay
ground that THE COURT TRYING THE CASE
HAS NO JURISDICTION OVER THE OFFENSE
CHARGED (S3) Venue of Criminal Cases:
Granted, remedy: R110 S15
- File new complaint or information, 1. Subject to existing laws, the criminal

because an order sustaining a motion to action shall be instituted and tried in the
quash is not a bar to another court of the municipality or territory
prosecution for the same offense
(unless the motion is based on 3g and 3i a. where the offense was
of this Rule) – (R117 S6) committed or where any of its
essential ingredients occurred
o File Amended complaint or
information
Denied, remedy: 2. Where an offense is committed in a

train, aircraft, or other public or private
2 possible scenarios: vehicle in the course of its trip, the
criminal action shall be instituted and
1. Proceed with arraignment and trial, and
tried in
in case of adverse decision, file an
appeal assigning as error the denial of a. the court of the municipality or
the motion to quash territory where said train,
aircraft, or other vehicle passed
2. If the denial of the motion to quash is
during its trip including the place
tainted with grave abuse of discretion
of departure and arrival
amounting to lack or excess of
jurisdiction, file petition for certiorari with
temporary restraining order (S1 R41 in
relation to S4 R65)
7
CRIMINAL PROCEDURE
3. Where an offense is committed on - Where the private offended party is

board a vessel in the course of its residing at the time of the illegal
voyage, the criminal action shall be recruitment
instituted and tried in
o At election of
a. the court of the first port of entry complainant/private offended
or party
b. at any municipality or territory Libel

where the vessel passed during
such voyage, subject to - Where the article was first published
generally accepted principles of
- In case of public officers, where holding
international law
office
- In case of private individual, where

4. Crimes committed outside of the Phils private offended party resides
but punishable under A2 of RPC shall
be cognizable by the court
PRELIMINARY MATTERS TO REMEMBER:
a. where the criminal action is first
filed Who may institute/commence criminal
action?
State: those punishable under A2 of RPC
R110 S5
1. commission of offense while on
Philippine ship or airship All criminal actions commenced by complaint or
information shall be prosecuted
2. forging or counterfeiting any coin or
currency note of the Philippines or - under the direction and control of the
obligations and securities issued by public prosecutor
Government of the Phils
3. while being public officers or employees,

shall commit an offense in the exercise 1. In case of heavy work schedule of the
of their functions public prosecutor or
4. commit any of the crimes against 2. in the event of lack of public

national security and the law of nations prosecutors,
Crime committed in the high seas, where the the private prosecutor may be authorized in
vessel is registered writing by the Chief of the Prosecution Office or
the Regional State Prosecutor to prosecute the
case subject to the approval of the court
5. In case of continuing crimes, such as: Once so authorized to prosecute the criminal
action, the private prosecutor shall continue to
Illegal Recruitment
prosecute the case up to the end of the trial
- Where the illegal recruitment was even in the absence of a public prosecutor,
committed
- unless the authority is revoked or
otherwise withdrawn
8
CRIMINAL PROCEDURE
PUBLIC CRIME PRIVATE CRIME If offended party dies or becomes incapacitated

Injured party without Injured party with before she can file the complaint, and she has
control over criminal control over criminal no known parents,
liability, responsibility liability, responsibility of
of offending person offending person 3. the state shall initiate the criminal action
in her behalf
Crimes covered:
The offended party, even if a minor, has the
1. seduction
right to institute the prosecution of the offenses
2. abduction
3. acts of of abduction, seduction, acts of lasciviousness
lasciviousness independently of her parents, grandparents or
4. adultery guardian unless she is incapable of doing so.
5. concubinage
Where the offended party who is a minor fails
to file the complaint, her parents,
PROSECUTION OF PRIVATE CRIMES (R110 grandparents, guardian may file the same.
S5) The right to file the action granted to parents,
grandparents, or guardian shall be exclusive of
Prosecution of crimes of adultery or
all other persons and shall be exercised
concubinage:
successively in the order herein provided,
The crimes of adultery or concubinage shall not except as stated in the preceding paragraph.
be prosecuted except
No criminal action for defamation which consists
- upon a complaint filed by the offended in the imputation of any of the offenses
spouse mentioned above shall be brought except at the
instance of and upon complaint filed by the
The offender party cannot institute criminal offended party.
prosecution without including the guilty
parties, if both are alive, nor in any case, if the
offended party has consented to the offense or
Complaint (Criminal Complaint, NOT affidavit
has pardoned the offenders.
of complaint)
R110 S3
Prosecution of seduction, abduction, acts of
A sworn written statement
lasciviousness:
- charging a person with an offense,
The offenses of seduction, abduction, acts of
lasciviousness shall not be prosecuted except - subscribed by:
upon a complaint filed by the:
o offended party
1. offended party
o any peace officer
2. her parents, grandparents, or
guardian o other public officer charged with
enforcement of the law violated
nor in any case, if the offender has been
expressly pardoned by any of them. Criminal Information
R110 S4
9
CRIMINAL PROCEDURE
An accusation in writing charging a person with - (Optional)- rejoinder affidavit

an offense, subscribed by the prosecutor, and
filed with the court.
Note: pa gang client hindi marunong mag

English, don’t write the affidavit of complaint or
PROBABLE CAUSE the complaint-affidavit in English (sinumpaang
salaysay [affidavit of complaint], kontra salaysay
- facts and circumstances which would [counter-affidavit])
lead a reasonably discreet and prudent
man to believe that an offense has been
committed and that the objects sought in
connection with the offense are in the WITH THE CITY PROSECUTOR
place sought to be searched
OR
DIRECTLY WITH MTC / MCTC

COMMENCEMENT OF CRIMINAL ACTION
Rule 110 S1
I. WITH THE BARANGAY
AFFIDAVIT OF COMPLAINT
Penalty is 1 year, fine is 1K (if exceeding, then (sinumpaang salaysay)
not subject to Barangay Conciliation)
CRIMINAL COMPLAINT
- If no amicable settlement, file (R110 S3)
AFFIDAVIT OF COMPLAINT
For offenses where a preliminary investigation is
(sinumpaang salaysay) with the
required pursuant to S1 of Rule 112, by filing the
Barangay, alleging acts or omissions
complaint with the proper officer for the
punishable under penal laws
purpose of conducting the requisite preliminary
investigation
- The barangay will dismiss if there is no For all other offenses, by filing the complaint or
probable cause, information directly with the MTC or MCTC, or
the complaint with the office of the prosecutor.
In Manila and other chartered cities, the

- BUT if with probable cause, Barangay complaint shall be filed in the Office of the
will issue subpoena Prosecutor, unless otherwise provided in their
charters
The Institution of the criminal action shall

- Within 10 days after issuance of interrupt the period of prescription of the offense
subpoena, respondent will be required charged, unless otherwise provided in their
to submit counter-affidavit Charters.
- Complainant will be required to file a Direct Filing of the Criminal Complaint or

reply within 10 days after submission information with MTC if penalty is less than 4
receipt of counter-affidavit years 2 months and 1 day (obviously, under
MTC Jurisdiction, because less than 6 years)
10
CRIMINAL PROCEDURE
- An inquiry or proceeding to determine

whether
II. WITH THE CITY PROSECUTOR
OR OMBUDSMAN o there is sufficient ground to
engender a well founded belief
RULES: that a crime has been
committed
.. For offenses where a preliminary investigation
is required pursuant to S1 of Rule 112, by filing o and the respondent is probably
the affidavit of complaint with the proper guilty thereof
officer for the purpose of conducting the
requisite preliminary investigation o and should be held for trial
- R112 S1 P2- Except as provided for in  Required if the penalty

R112 S6 (New Rules of Court, 2008), imposable is at least 4
Preliminary investigation is required YEARS 2 MONTHS
before the filing of the criminal complaint AND 1 DAY (Except in
or information for an offense where the case of warrantless
penalty prescribed by law is at least 4 y arrest, where inquest
2 mos 1 day without regard to the fine would be required)
- Preliminary investigation is a matter of
rightv (EXCEPT in Manila and other
chartered cities), and is one way of filing
a criminal action
Who may conduct PRELIMINARY
IF, the penalty imposed is less than 4 y 2 mos 1 INVESTIGATION?
day,
R112 S2 as amended by AM 5-8-26-SC, Oct 3,
- General rule, no preliminary 2005
investigation
The following may conduct Preliminary
- EXCEPT: (R110 S1 3rd par)—which Investigation:
requires preliminary investigation
1. Provincial and City Prosecutors and
..In Manila and other chartered cities, the their assistants
complaint shall be filed in the Office of the
Prosecutor, unless otherwise provided in their
charters
2. National and Regional State
Chartered Cities: Prosecutors and their assistants
- Cebu
- Davao 3. Other officers as may be authorized

by law (WHO?)
PRELIMINARY INVESTIGATION
- Ombudsman or its deputies or
PRELIMINARY INVESTIGATION: (R112 S1 assistants, Special Prosecutor, other
P1) officers authorized by Ombudsman
11
CRIMINAL PROCEDURE
and documents, respondent shall submit

his COUNTER AFFIDAVIT and that of
- COMELEC (in case of election-related the witnesses and other supporting
crimes) document
- PCGG 4. IF respondent cannot be subpoenaed or

if subpoenaed, does not submit counter
NOTE that AM 5-8-26 Removed the provision
affidavits within the 10 day period, the
judges of MTCs, hence, judges of MTCs can no
investigating officer shall resolve the
longer conduct preliminary investigation.
complaint based on the evidence
presented by the complainant
Procedure before the City Prosecutor (same

process if before the Ombudsman) /
5. Within 10 days from submission of the
Preliminary Investigation Proper:
counter affidavit by respondent,
(R112 in relation to R110) complainant shall submit a REPLY
AFFIDAVIT
S3 R112
1. AFFIDAVIT OF COMPLAINT-
Complainant shall state address of 6. (optional)- REJOINDER AFFIDAVIT
respondent and shall be accompanied
by affidavits of complainant and his
witnesses as well as other supporting 7. Investigating officer may set a hearing if
documents to establish probable cause there are facts and issues to be clarified
from a party or witness. The parties can
be present at a hearing but without right
2. Within 10 days after filing of the to examine or to cross examine, but
complaint, the investigating officer shall may, however, submit to the
EITHER: investigating officer questions which
may be asked to the party or witness
concerned
- Dismiss it if he finds no ground to Hearing shall be held 10 days from submission

continue with the investigation OR of the counter-affidavits and other documents
OR from the expiration of the period for their
submission, and shall be terminated within 5
days.
- Issue SUBPOENA to the respondent
attaching to it a copy of the complaint 8. Within 10 days after the investigation,
and its supporting affidavits the investigating officer shall determine
whether or not there is sufficient
ground to hold respondent for trial
3. Within 10 days from receipt of subpoena

UPON RESOLUTION by the investigating
with the complaint, supporting affidavits
prosecutor, as under S4 of R112, what are the
12
CRIMINAL PROCEDURE
corresponding remedies in case of adverse

resolution?
1. MOTION FOR RECONSIDERATION

before the INVESTIGATING
PROSECUTOR (DOJ AM 453) within 10
days from receipt of adverse decision
Denied,
State Prosecutor rendered Decision on the
2. PETITION FOR REVIEW before the
Preliminary Investigation
DOJ SECRETARY (DOJ Circular 70)
within 15 days from receipt of notice of Denied,
denial
Appeal to DOJ Secretary
Denied,
(Then follow preceding remedies)
3. MOTION FOR RECONSIDERATION
before the DOJ SECRETARY within 15
days from receipt of notice of denial
Regional State Prosecutor rendered decision,
Denied,
Denied,
Appeal to Provincial Prosecutor
Denied,
2 scenarios:
Appeal to DOJ Secretary
(then follow preceding remedies)
IF, NON BAILABLE IF, BAILABLE OFFENSE

OFFENSE
Certiorari before CA within
NOTE: Even if pending petition for review before
Petition for review to Office 60 days from receipt of notice
of President WITHIN 15 of denial of the motion for the DOJ Secretary, the criminal information can
DAYS from receipt of denial reconsideration (Rule 65) still be filed!!!
(AM 58)
WHY? Because no appeal
Denied, nor plain, speedy, adequate DOJ Circular 70, in relation to Rule 116 Section
remedy is available in the 4, the latter providing that when accused pleads
Motion for reconsideration ordinary course of law
before the Office of the
guilty to a non capital evidence, the court may
President within 15 days Denied, receive evidence from the parties to determine
from receipt of the adverse the penalty to be imposed, it provides for the
decision Motion for reconsideration
before CA within 15 days remedy of:
Denied, under Rule 52
- Filing a motion to suspend proceedings
Petition for review before Denied,
the CA within 15 days from
notice of the judgment (Rule Petition for review on
WHY? Because once the accused is arraigned,
43) certiorari before SC (Rule the court acquires jurisdiction over the case, and
45)
all remedies would become moot and academic
Denied,
Denied, (SO, wag ka na papaabot sa arraignment..
Motion for reconsideration tirahin mo na agad kahit may information na
before the CA within 15 days Motion for reconsideration
(Rule 52) before SC (Rule 52)
agad sayo, kesa umabot ka sa arraignment)
Denied, 13
Petition for review on
certiorari before the SC
(Rule 45)
CRIMINAL PROCEDURE
(Because once the motion to suspend is filed,

the matter is discretionary upon the court)
IF the prosecutor’s decision is reversed,
File motion to withdraw information- it is an

exercise of discretion, such matter is still within
the control of the court (Crespo vs Mogul)
Judge would make independent findings with

respect to determination of existence of
probable cause:
If there is NONE, then the motion to withdraw

the information should be granted
If there is motion to withdraw the information is

denied,
- The denial is interlocutory (R41 S1, R65

S4), hence,
File motion for reconsideration, then, petition for

certiorari under Rule 65
Can preliminary investigation be the subject

of injunction?
Preliminary Investigation before the
Ombudsman General Rule: NO
Note: Section 14 of the LawAdministrative

creating thecase
Office Exceptions:
of the Ombudsman was declared
File petition for 1. When prejudicial to the rights of the
unconstitutional review before CA accused
under Rule 43
(see same processes for preliminary
investigation, but remedies would
Basis: differ)
Enumeration
under Rule 43 is not
Criminal case 2. When there is need for protecting the
Complaint before office exclusive
of Ombudsman,
Constitutional rights of the accused
resolution was made,
File petition for adverse decision,
Denied,remedy:
certiorari before the
- SC (Rule
File 65) MOTION
M4R before FOR
CA
RECONSIDERATION of the decision
(Rule 52)
3. To Prevent the long arm of the law from
Because: the Office
within 5 days from notice (Estrada vs being vindictive
of the Ombudsman Denied,
is Desierto)
a Constitutional
Body, no appeal or Petition for review
Denied,on certiorari before
other plain, speedy,
adequate remedy is SC (Rule 45) 4. When prejudicial question is involved in
available 2 scenarios: the case
Denied,
Motion for
reconsideration 14
before SC (Rule 52)
CRIMINAL PROCEDURE
Differentiate: Complaint from Information
5. In case of criminal prosecution under an COMPLAINT INFORMATION

invalid law Sworn written Accusation in writing
statement charging a charging a person with
person with an offense an offense
Subscribed by Subscribed by
When person is deprived of his right to offended party, any prosecutor
preliminary investigation, what are his peace officer, other
remedies? public officer charged
with enforcement of
1. He can refuse to enter his plea upon the law violated
Filed with the court or Filed with the court
arraignment, or object to such further
with the prosecutor’s
proceedings office
must be made under Need not be under
oath oath
Usually refers to Usually referred to
2. He can file a motion to conduct private crimes public crimes
preliminary investigation (preliminary
investigation as a matter of right, penalty
is higher than 4 y 2 mos 1 day) Differentiate: Affidavit of Complaint from
Criminal Complaint
IF #2 DENIED, certiorari under Rule 65 is the
proper remedy, on the ground of violation of AFFIDAVIT OF CRIMINAL
right to due process COMPLAINT COMPLAINT
Filed by offended party Filed by offended
3. *proceed with trial, and in case of party, peace officer, or
adverse decision, raise lack of prosecutor
preliminary investigation as error on Title: Complainant vs Title: People vs
appeal Respondent Accused
(..Im not sure if Criminal Complaint and Criminal

4. *he can file for prohibition under Rule 65 Information are one and the same..)
NOTE THAT deprival of the right to preliminary (As to succession of the procedure under III, it
investigation is NOT A GROUND FOR MOTION will be discussed later on after “IV and V,
TO QUASH! Commencement of Criminal action”)
III. DIRECT FILING OF THE IV. WARRANTLESS ARREST

COMPLAINT OR INFORMATION
Note: Rule 113 Section 5 in relation to RA 7438
WITH THE MTC
(right of persons arrested or detained)
R113 S5
- When the penalty is less than 4 years 2
A peace officer or a private person may, without
months and 1 day, not in Metro Manila
warrant, arrest a person:
or other chartered cities (Rule 110 S1)
15
CRIMINAL PROCEDURE
- When in his presence, the person to be without writing and without presence of
arrested has committed, is actually counsel
committing, or is attempting to commit
an offense
NOTE: The procedures involved here may also

apply to search incidental to a lawful arrest
- When an offense has just been (R126 S13), which is defined as follows:
committed and he has probable cause
to believe based on personal knowledge - A person lawfully arrested may be
of facts or circumstances that the searched for dangerous weapons or
person to be arrested has committed it anything which may have been used or
constitute proof in the commission of an
offense without a search warrant
- When the person to be arrested is a Technically, warrantless arrest din ang involved,
prisoner who has escaped from a penal HOWEVER, in flagrante delicto hinuli, e pano
establishment or place where he is kung may panaksak pala, tirahin ang arresting
serving final judgment, or is temporarily officer! Hence, justified..
confined while his case is pending, or
has escaped while being transferred ONCE ARRESTED, SEARCHED, AND
from one confinement to another INCRIMINATING EVIDENCE WAS SEIZED,
In the first 2 cases, the person arrested without The article seized would be confiscated
a warrant shall be forthwith delivered to the
HOWEVER,
nearest police station or jail and shall be
proceeded against in accordance with S7 of If there was no lawful or valid arrest, it follows
Rule 112 there the incidental search was also invalid,
hence, whatever was seized from the person
would be “FRUIT OF THE POISONOUS TREE”,
Note further, the rights of a person arrested or hence, inadmissible as evidence/objectionable
detained (Miranda Rights), A3 S12, applies as evidence, and excluded by Rules of Court
while being arrested without warrant: and the Constitution
Any person under investigation for commission

of an offense shall have the right
After the warrantless arrest, the next step is:
1. to be informed of the right to remain
CUSTODIAL INVESTIGATION (RA7438)
silent and
- It is an inquiry or proceeding conducted
by peace officers to determine whether
2. have competent and independent or not an offense is committed and the
counsel preferably of his own choice person arrested has committed the said
offense
Custodial Preliminary
3. If the person cannot afford the services Investigation Investigation
of counsel, he must be provided with Inquiry or proceeding Inquiry or proceeding
one. These rights cannot be waived conducted by peace to determine whether
officers to determine there is sufficient
16
CRIMINAL PROCEDURE
whether or not an ground to engender a acquittal of accused, without

offense is committed well founded belief that prejudice to filing of civil,
and the person a crime has been criminal, administrative action
arrested has committed, that against the peace officers
committed the said respondent is probably
offense guilty thereof, and
should be held for trial
Conducted by Conducted by IF THE RIGHTS of a person under custodial
arresting officer Prosecutor /
investigation shall be violated or not observed by
Ombudsman as the
case may be the police officers, remedy:
Determine whether or Determine whether or
not there is probable not a crime has been File complaint against the peace officers (Civil,
cause that a crime was committed, respondent Criminal, or administrative), with:
committed, and the is probably guilty
person arrested thereof, and should be 1. NAPOLCOM
committed the offense held for trial
Conducted in case of Conducted prior to 2. PLEB (People’s Law Enforcement
warrantless arrests filing of a complaint or Board)
under S5 R113 information if the
offense is at least 4 3. IAS (?)
years, 2 months, 1
day, no warrantless
arrest
- Under custodial investigation, here
comes the concept of EXTRAJUDICIAL
Notes on Custodial Investigation: CONFESSION (relate to Rules on
Evidence—not a sufficient ground for
- Starts when investigation is directed to
conviction unless corroborated by
the person arrested and currently being
evidence of corpus delicti)
investigated
o EXTRAJUDICIAL
CONFESSION should be done
- Person arrested has the right to be in the presence of counsel
represented by counsel preferably at his preferably of the person
own choice arrested’s choice
o IF the rights are not observed,  IF NOT, then the

the proceedings could be extrajudicial confession
nullified, and the accused is to is INADMISSIBLE AS
be acquitted EVIDENCE (A3 S12)
NOTE: after Custodial Investigation, before
- The MIRANDA RIGHTS (Rights of a After custodial investigation, before inquest, as

person under custodial investigation— stated in RA 7438, as counsel for the person
A3 S12) shall be EXPLAINED to the arrested, look / double check, scrutinize the
person arrested in a language he following:
understands
1. Affidavit of arrest
o If not, then a ground for
2. Booking sheet
nullification of the proceedings +
17
CRIMINAL PROCEDURE
3. I
4. A
Before inquest, ensure also na ma-medical ang Preliminary Inquest Proceeding

cliente mo. Dahil, baka sinaktan yang ng pulis Investigation
while in custody. Pwede mademanda ang Pulis. Inquiry or proceeding An informal and
If no charges filed pursuant to 12, 18, 36 hour to determine whether summary inquiry to
there is sufficient determine whether the
rule, arbitrary detention
ground to engender a person arrested
well founded belief that without a warrant and
a crime has been under detention should
committed, that remain under the
INQUEST
respondent is probably custody of the
guilty thereof, and arresting officers and
- An informal and summary inquiry to
should be held for trial correspondingly
determine whether the person arrested charged before the
without a warrant and is under detention court
should remain under custody of the Proceeding Summary inquiry
arresting officers and correspondingly Conducted in order to Conducted in order to
charged before the court (DOJ Circular determine whether a determine whether the
61 in relation to S5 R113) crime has been person arrested
committed, respondent without warrant should
NOTE: Inquest proceedings must be terminated is probably guilty and remain under custody
should be held for trial of the arresting officers
within the period prescribed under the provisions
and correspondingly
of A125 of the RPC, OR ELSE, liable for delay in Conducted upon filing charged before the
delivery of detained persons to the proper of the affidavit of court
judicial authorities (illegal detention—pero complaint with the
arbitrary detention daw sabi ni boss... cge... prosecutor
arbitrary, para walang talo talo), Conducted by: Conducted by an
- National inquest prosecutor
12 hours- crimes punishable by light penalties - Regional
- City
18 hours- crimes punishable by correctional - Provincial
penalties State Prosecutor, etc
Involves crimes, the Involves crimes,
36 hours- crimes punishable by afflictive or imposable penalty is 4 regardless of the
y 2 mos 1 day, except penalty, where the
capital penalties
as provided in 112 S6 person was arrested
without a warrant, as
EXCEPT: if in a remote place, hard for
under R113 S5
transportation to the city/plaza/municipality in
order to charge the person before the court
R112 S6
When a person lawfully arrested without warrant

Requisites for inquest: involving an offense which requires a preliminary
investigation, the complaint or information may
1. Valid warrantless arrest, S5 R113
be filed by prosecutor without need of such
2. Custodial investigation investigation PROVIDED that an inquest has
been conducted in accordance with existing
3. Conducted by inquest prosecutor rules.
18
CRIMINAL PROCEDURE
In absence or unavailability of inquest or

prosecutor, the complaint may be filed by
offending party or a peace officer directly with 2. File motion to
the proper court on the basis of affidavit of conduct
preliminary
offended party or arresting officer or person.
investigation
or mandatory
Before complaint or information is filed, the preliminary
person arrested may ask for preliminary investigation
investigation in accordance with this Rule, BUT within 5 days
he must sign a waiver of the provisions of A125 from the time
RPC, in the presence of his counsel. information is
Notwithstanding the waiver, he may apply for filed, or else,
denied
bail and the investigation must be terminated
within 15 days from its inception.
After filing of the complaint or information in the

court without a preliminary investigation, the Differentiate: Inquest, Custodial Investigation,
accused my, within 5 days from the time he Preliminary Investigation
learns of its filing, ask for preliminary
investigation with the same right to adduce Inquest Custodial Preliminary
evidence in his defense as provided in this Rule. Investigation Investigation
An informal Inquiry or Inquiry or
and summary proceeding proceeding to
inquiry to conducted by determine
After Inquest has been conducted, 2 scenarios: determine peace officers whether there
whether the to determine is sufficient
Not Inquestable (e.g. Inquestable person whether or not ground to
hinuli after 2 years, no arrested an offense is engender a
probable cause, no without a committed well founded
warrant of arrest warrant and and the belief that a
issued, not under under person crime has
warrantless arrest) detention arrested has been
Release for further Filing of the furnished should remain committed the committed,
proceedings, then: CRIMINAL under the said offense that
INFORMATION in custody of the respondent is
1. Refer to court arresting probably guilty
conducting of officers and thereof, and
Preliminary To be done within the corresponding should be
Investigation 12, 18, 36 hours ly charged held for trial
or provided under A125 before the
of RPC, before the court
2. File motion to proper court Conducted by Conducted by Conducted by
conduct inquest arresting national,
preliminary When the complaint or prosecutor officer Regional,
investigation information is filed in City,
OR, court without provincial
mandatory preliminary prosecutor,
preliminary investigation, etc
investigation Determine Determine Determine
within 5 days if 1. Refer to whether the whether or not whether or not
information conducting of detainee there is a crime has
filed, or else, preliminary should remain probable been
denied investigation in custody of cause that a committed,
19
CRIMINAL PROCEDURE
the officers, crime was respondent is - Directed to a peace officer

and charged committed, probably guilty
in court and the thereof, and - Commanding him to search for personal
person should be property described therein and bring it
arrested held for trial before the court
committed the
offense
Conducted by Conducted by Conducted by
inquest the peace public Where filed? (126 S2)
prosecutor (arresting (national,
officers) regional, city, 1. Any court within whose territorial
provincial) jurisdiction a crime was committed
prosecutor,
etc
Conducted Conducted in Conducted
after custodial case of valid prior to filing 2. For compelling reasons stated in the
investigation, warrantless of complaint
application, any court within the judicial
in case of arrest or information,
valid penalty at region where the crime was committed if
warrantless least 4y 2 mos the place of the commission of the crime
arrest 1 day, no valid is known, or any court within the judicial
warrantless region where the warrant shall be
arrest enforced
V. SEARCH AND SEIZURE

3. HOWEVER, if the criminal action has
A3 S2, 1987 Constitution already been filed, application shall only
be made in the court where the criminal
Right of people to be secure in their persons,
action is pending
homes, papers and effects against
unreasonable searches and seizures of
whatever nature and purpose shall be inviolable,
and no search warrant or warrant of arrest shall Requisites for issuance of search warrant:
issue except upon probable cause determined (R126 S3)
personally by a judge under oath or affirmation
of the complainant and witnesses he may 1. Probable cause in connection with
produce, particularly describing place to be one specific offense to be determined
searched and things to be seized personally by the judge
PROBABLE CAUSE
Rule 126 of the Rules of Court - facts and circumstances which would
lead a reasonably discreet and prudent
man to believe that an offense has been
committed and that the objects sought in
What is a search warrant? (126 S1) connection with the offense are in the
place sought to be searched
Order in writing issued:
ONE SPECIFIC OFFENSE
- In the name of the People of the Phils
- 1 warrant, one specific offense, except,
- Signed by a judge
if offenses are correlated
20
CRIMINAL PROCEDURE
Issued by a JUDGE (note: Salazar v Achacoso) 2. Any member of his family OR (in the
absence of #2)
- not by Department Secretary, not by
Clerk of Court 3. 2 witnesses of sufficient age and
discretion residing in the same facility
2. After examination under oath or

affirmation of the complainant and Subjects of search and seizure: (126 S3)
the witnesses he may produce
PERSONAL PROPERTY (Sige nga, kaya mo
Dapat totoo ang statements, or else, mala-liable buhatin ang bahay? [real property]) with the
for perjury qualification: LISTED IN THE SEARCH
WARRANT
- Proven by:
1. Subject of the offense
o TSN (transcript of stenographic
notes)
 Not by mere Q and A 2. Stolen or embezzled or other proceeds,

or fruits of the offense
3. Particularly describing the place to

be searched and things to be seized
which is anywhere in the Philippines
3. Used or intended to be used as means
NOTE: pag wala isang requisite, GENERAL for committing an offense
WARRANT
- Not automatically void
- HENCE, file Motion to Quash the

After implementation of the search and seizure,
Search Warrant under 126 S14
seizure of the subject articles,
o If granted, all proceedings, from
Issuance of receipt (and listing in inventory) by
issuance of search warrant to
implementing officer (R126 S11)
searches and seizures, shall be
declared void, because no Officer seizing the property under the
probable cause warrant must give a detailed receipt for the
same to the lawful occupant of the premises in
whose presence the search and seizure were
Assuming, search warrant was granted, made, or
following R126 S5 and S6, search was effected
in the absence of such occupant, must, in the
under S7,
presence of at least 2 witnesses of sufficient age
Implementation of Search Warrant (126 S8) and discretion residing in the same locality,
leave a receipt in the place in which he found
REQUISITES: In the presence of the seized property.
1. lawful occupant thereof OR
21
CRIMINAL PROCEDURE
NOTE: signed by or issued by SEARCHING subsection a thereof has been complied

OFFICER with
IF signed by occupant, and no counsel, then

tantamount to EXTRAJUDICIAL CONFESSION
3. The return on the search warrant shall
Effect: be filed and kept by the custodian of the
log book on search warrants who shall
- Inadmissible as evidence ang enter therein the date of the return, the
PERSONAL PROPERTIES SEIZED result and other actions of the judge
during the search
A violation of this section shall constitute
Why? There is no proof by prosecution that the contempt of court.
articles were seized from the owner, kasi walang
list of inventory and walang receipt in the first
place dahil nga hindi sinunod ang receipt-
signed-by-implementing officer-requirement. R126 S14- Motion to quash search warrant or to
suppress; where to file
A motion to quash a search warrant and/or to

Then, Preliminary Investigation (see previous suppress evidence obtained thereby may be
discussions) would be conducted on the person, filed in and acted upon only by the court where
and the officers are required to deliver the the action has been instituted.
property subject of the search warrant to the
ISSUING COURT If no criminal action has been instituted, the
motion may be filed in and resolved by the court
- NOTE: NOT TO THE PROSECUTOR- that issued the search warrant.
or else, inadmissible in evidence
However, if such court failed to resolve the
R126 S12 motion and a criminal case is subsequently filed
in another court, the motion shall be resolved by
1. Officer must forthwith deliver the the latter court.
property seized to the judge who issued
the warrant, together with a true
inventory thereof duly verified under
oath NOTES:
Motion to quash search warrant- filed before the

court which issued the search warrant (NOTE:
2. 10 days after issuance of search different sa where court where the information is
warrant, issuing judge shall ascertain if filed)
return is made, and if none, shall
summon the person to whom the Motion to suppress evidence- if the things taken
warrant was issued and require him to in the search are to be presented as evidence
explain why no return is made. If the by prosecution, file motion to suppress evidence
return has been made, the judge shall (R126 S4) before prosecutor’s office (Wait: hindi
ascertain whether S11 of this Rule has ba, court where the action has been instituted?)
been complied with and shall require
that the property seized be delivered to
him. The judge shall see to it that Motion to quash search warrant is denied. It
follows that the motion to suppress evidence
22
CRIMINAL PROCEDURE
would likewise be DENIED (Reason: motion to - If the true name of accused is thereafter
suppress evidence is dependent upon the disclosed by him or appears in some
motion to quash the search warrant other manner to the court, such true
name shall be inserted in the complaint
Remedy: or information and record
PETITION FOR CERTIORARI UNDER RULE

65
2. DESIGNATION OF THE OFFENSE
Why not appeal? given by the statute
- Appeal is not the adequate remedy S8
o Kasi wala namang evidence na - Designation of offense given by the

ipinresent eh statute
- Aver the acts or omissions constituting

the offense
AFTER either I, II, III, IV,
- Specify qualifying and aggravating
INFORMATION SHALL BE FILED IN COURT
circumstances
(R110 S4)
If no designation of the offense, reference shall
R110 S2, S6 in relation to pertinent provisions:
be made to the section or subsection punishing
The complaint or information shall be it
1. in WRITING
2. the name of the PEOPLE OF THE 3. ACTS OR OMISSIONS COMPLAINED

PHILIPPINES OF as constituting the offense
3. and against all persons who appear to S9

be responsible for the offense involved
- Acts or omissions complained of as
constituting the offense and the
qualifying and aggravating
The complaint or information shall be sufficient if circumstances must be stated in
it states: ordinary and concise language
1. NAME OF ACCUSED o Not necessarily in language

used in statute, BUT
S7
 In terms sufficient to
- name or surname or any appellation or enable a person of
nickname by which he is known common understanding
to know what offense is
- If his name cannot be ascertained, he
being charged,
must be described under a fictitious
name with a statement that his true  Know its qualifying and
name is unknown aggravating
circumstance
23
CRIMINAL PROCEDURE
 For the court to  without need of averring

pronounce judgment it is a juridical person or
 that it is organized in
accordance with law
4. NAME OF THE OFFENDED PARTY
S12
5. APPROXIMATE DATE of commission of
- State name and surname of person the offense
o against whom or against whose S11
property the offense was
committed, or Not necessarily to state the precise date the
offense was committed except when it is
o any appellation or nickname by material ingredient of the offense
which such person is or has
been known The offense may be alleged to have been
committed on a date as near as possible to the
- If there is no better way of identifying actual date of its commission
him,
EXCEPTION: When date constitutes essential
o he must be described under a element of offense (infanticide, abortion,
fictitious name bigamy)
- In offenses against property, if name of

offended party is unknown,
6. PLACE where offense was committed
o the property must be described
with such particularity as to S10
properly identify the offense
Sufficient if understood from its allegations that
charged
the offense was committed or some of its
- If the true name of the person against essential elements took place within the
whom or against whose property the jurisdiction of the court,
offense was committed is thereafter
UNLESS the particular place where it was
disclosed or ascertained,
committed constitutes an essential element of
o the court must cause such true the offense charged or if necessary for its
name to be inserted in the identification
complaint or information and the
(Examples: violation of domicile, trespass to
record
dwelling)
- if the offended party is a juridical person,
it is sufficient to
Rule 111 (salient provisions)
o state its name, or
Prosecution of Civil Action
o any name or designation by
which it is known or by which it OCCURS AFTER THE INFORMATION IS
may be identified, FILED WITH THE COURT
24
CRIMINAL PROCEDURE
Note: Articles 29, 30, 31, 32, 33, 34, 35, 36, Death of the accused (R111 S4)
2176 of NCC + A100 of RPC
1. After arraignment, during pendency of
S1 criminal action
When criminal action is instituted, civil action for

the recovery of civil liability for the offense
charged shall be deemed instituted in the - Extinguish civil liability arising from
criminal action action
UNLESS: - BUT, ICA under S3 or instituted to

enforce liability arising from other
1. Offended party waives the civil action sources of obligation may be continued
against estate or legal representatives
2. Reserves the right to institute it of accused,
separately
o After proper substitution, or
3. Institutes right to institute it separately
o Against said estate, as the case
#3 shall be made
may be
1. before the prosecution starts presenting
Heirs of accused may be substituted for
its evidence, and
deceased without requiring appointment of
2. under circumstances affording the executor or administrator and the court may
offended party a reasonable opportunity appoint guardian ad litem for minor heirs.
to make such reservation
Court shall forthwith order said legal
When offended party seeks to enforce civil representatives to appear and be substituted
liability against the accused by way of MNTE within 30 days from notice.
damages without specifying amount thereof in
Final judgment entered in favour of offended
complaint or information,
party shall be enforced in the manner especially
- filing fees therefor shall constitute a first provided for in these Rules for prosecuting
lien on the judgment awarding such claims against estate of deceased (RELATE TO
damages R86 and 87)
When amount of damages other than actual is 2. Accused dies before arraignment,
specified in the complaint or information,
- corresponding filing fees shall be paid

- Criminal case shall be dismissed,
by the offended party upon the filing
thereof in court - Without prejudice to any civil action
offended party may file against estate of
Except as otherwise provided in these Rules, no
deceased person
filing fees shall be awarded for actual damages
No CC, CrC, 3PC may be filed by accused in the

criminal case, but any cause of action which BP 22 cases (2k1 bar; R111 S1b)
could have been the subject thereof may be
litigated in a separate civil action
25
CRIMINAL PROCEDURE
Criminal cases for BP 22 shall be deemed to If raised during preliminary investigation, then
include corresponding criminal action (once preliminary investigation can be subject of
filed, civil action deemed impliedly instituted) injunction.
No reservation to file such civil action separately To arise, the civil action should be filed ahead of
shall be allowed. criminal action, and dapat CIVIL then
CRIMINAL, CIVIL-CRIMINAL; not
Upon filing of aforesaid joint and criminal administrative, etc
information, offended party shall pay in full the
filing fees based on the amount of the check
involved which shall be considered as actual
damages claimed. R111 S7- Elements of prejudicial question
Where complaint or information also seeks to 1. Previously instituted civil action involves
recover MNTLE damages, offended party shall issue similar or intimately related to
pay filing fees based on the amounts alleged issue raised in subsequent criminal
therein. If the amounts are not so alleged by action
any of the damages are subsequently awarded
by the court, the filing fees based on the amount
awarded shall constitute a first lien on the 2. Resolution of such issue determines
judgment. whether or not criminal action may
proceed
When civil action is filed separately and trial
thereof has not yet commenced, it may be
consolidated in the criminal action upon
application of the court trying the latter case. If R111 S6- suspension by reason of prejudicial
application is granted, trial of both action shall question
proceed in accordance with S2 of this Rule
governing consolidation of criminal and civil Petition for suspension of criminal action based
actions. upon pendency of prejudicial question in a civil
action may be filed in the office of the prosecutor
conducting the preliminary investigation.
If mauna civil action, BP22 case may be filed When criminal action has been filed in court for
later on, but no double recovery shall be trial, petition to suspend shall be filed in the
awarded. same criminal action at any time before the
prosecution rests.
(relate to R116 S11b)

PREJUDICIAL QUESTION
Upon motion of the party, arraignment shall be
- Question which arises in a case, suspended if there exists a prejudicial question.
resolution of which is logical antecedent
of the issue involved therein,
cognizance of which pertains to another
tribunal Suspension of separate civil action (R111 S2)
May be raised during PI of offense or in court, After criminal action has been commenced,
before prosecution rests its case separate civil action arising therefrom cannot be
instituted until final judgment has been rendered
in the criminal action.
26
CRIMINAL PROCEDURE
If criminal action is filed after said civil action has violates or in any manner impedes or impairs any of
already been instituted, latter shall be the following rights and liberties of another person
shall be liable to the latter for damages:
suspended in whatever stage it may be found 1. Freedom of Religion
before judgment on the merits. 2. Freedom of Speech
3. Freedom to write for he press or to maintain a
Suspension shall last until final judgment is periodical publication
4. Freedom from arbitrary or illegal detention
entered in the criminal action. Nonetheless,
5. Freedom from suffrage
before judgment on the merits is rendered in the 6. The right against deprivation of property
civil action, the same may, upon motion of without due process of law
offended party, be consolidated with the criminal 7. The right to a just compensation when private
property is taken for public use
action in the court trying the criminal action. 8. The right to equal protection of the laws
9. The right to be secure in one’s person, house,
In case of consolidation, evidence already papers, and effects against unreasonable
adduced in the civil action shall be deemed searches and seizures
automatically reproduced in the criminal action, 10. The liberty of abode and of changing the same
11. The privacy of communication and
without prejudice to the right of the prosecution correspondence
to cross examine the witnesses presented by 12. The right to become a member of associations
the offended party in the criminal case and of or societies for purposes not contrary to law
the parties to present additional evidence. The 13. The right to take part in a peaceable assembly
to petition the government for redress of
consolidated criminal and civil actions shall be grievances
tried and decided jointly. 14. The right to be free from involuntary servitude
of any form
During pendency of the criminal action, running 15. The right of the accused against excessive bail
16. The right of the accused to be heard by
of the period of prescription of the civil action
himself and counsel, to be informed of the
which cannot be instituted separately or whose nature and cause of the accusation against
proceedings has been suspended shall be him, to have a speedy and public trial, to meet
tolled. the witnesses face to face, and to have
compulsory process to secure the attendance
of witness in his behalf.
Extinction of the penal action does not carry with 17. Freedom from being compelled to be a witness
it the extinction of the civil action. However, the against one’s self, or from being forced to
civil action based on delict may be deemed confess guilt, or from being induced by a
extinguished if there is a finding in a final promise of immunity or reward to make such
confession, except when the person
judgment in the criminal action that the act or confessing becomes a state witness
omission from which the civil liability may arise 18. Freedom from excessive fines, or cruel or
did not exist. unusual punishment, unless the same is
imposed or inflicted in accordance with a
statute which has not been judicially declared
unconstitutional and
19. Freedom of access to the courts
R111 S3- ICA In any of the cases referred to in this article, whether
or not the defendant’s act or omission constitute a
In cases provided for in A32, 33, 34, 2176 of the criminal offense, the aggrieved party has a right to
NCC, the ICA may be brought by the offended commence an entirely separate and distinct civil
action for damages, and for other relief. Such civil
party. It shall proceed independently of the
action shall proceed independently or any criminal
criminal action, and shall require only a prosecution (if the latter be instituted), and may be
preponderance of evidence. In no case, proved by a preponderance of evidence. The
however, may offended party recover damages indemnity shall include moral damages. Exemplary
damages may also be adjudicated. The responsibility
twice for the same act or omission charged in herein set forth is not demandable from a judge
the criminal offense. unless his act or omission constitutes a violation of
the Penal Code or other penal statute.
Art. 32. Any public officer or employee, or any private
individual, who directly or indirectly obstructs, defeats,
27
CRIMINAL PROCEDURE
Art. 33. In cases of defamation, fraud, and physical Prosecutor to prosecute the case subject to
injuries, a civil action for damages, entirely separate approval of the court.
and distinct from the criminal action, may be brought
by the injured party. Such civil action shall proceed
independently of the criminal prosecution, and shall
require only a preponderance of evidence.
In case of conflict, public prosecutor prevails
Art. 34. When a member of a city or municipal police

force refuses or fails to render aid or protection to any
person in case of danger to life or property, such FILING OF INFORMATION, what are the
peace officer shall be primarily liable for damages,
corresponding REMEDIES?
and the city or municipality shall be subsidiarily
responsible therefore. The civil action herein
recognized shall be independent of any criminal I. MOTION TO SUSPEND
proceedings and a preponderance of evidence shall ARRAIGNMENT OR
suffice to support such action. PROCEEDINGS (Before
arraignment)-
2176
R116 S11, DOJ Circular 70 in relation to
R111 S6 and 7; OR ELSE, PROCEED
Whoever by act or omission causes damage to
ACCORDINGLY
another, there being fault or negligence, is obliged to
pay for the damage done. Such fault or negligence, if R116 S11
there is no pre-existing contractual relation between
Upon motion by the proper party, arraignment
the parties, is called a quasi-delict and is governed by shall be suspended in the following cases:
the provisions of this chapter
- Accused appears to be suffering from
any unsound mental condition which
effectively renders him unavailable to
R110 S5 in relation to R111 fully understand the charge against him
and to plead intelligently thereto. In
General Rule: All criminal actions
such case, the court shall order his
commenced by information shall be
mental examination and, if necessary,
prosecuted under the direction and control
his confinement or such purpose
of the public prosecutor.
Public and private aspect (criminal and civil)-

criminal: under public prosecutor; civil: under - There exists a prejudicial question, and
private prosecutor
If there is no private offended party, then private

prosecutor has no participation o (RELATE to R111 S6 and 7)
Exception to general rule:
1. In case of heavy work schedule of public - Petition for review of the resolution of
prosecutor or the prosecutor is pending at either the
DOJ or the Office of the President;
2. In the event of lack of public prosecutors provided, that the period of suspension
shall not exceed 60 days counted from
Hence, in such a case, private prosecutor may
filing of the petition with the reviewing
be authorized in writing by the Chief of
office
Prosecution Office or the Regional State
28
CRIMINAL PROCEDURE
o (RELATE to DOJ Cir 70) b. Grounds upon which it is based

and
IF not filed this remedy, then PROCEED
ACCORDINGLY c. If required by these Rules or
necessary to prove facts alleged
therein, shall be supported by
supporting affidavits and other
II. MOTION TO CONDUCT
papers
PRELIMINARY INVESTIGATION
(Before Arraignment)
Rule 110 S1 4. Motion is set for hearing by applicant

(R15 S4)
1. For offenses where PI is required
pursuant to S1 R112, by filing the
affidavit of complaint with the proper
officer for the purpose of conducting the 5. Notice of hearing addressed to all
requisite preliminary investigation parties concerned, specifying the time
and date of hearing which must not be
later than 10 days after the filing of the
motion (R15 S5)
2. For all other offenses, by filing the
information directly with the MTC or
MCTCs, or the complaint with the office
of the prosecutor 6. Motion and notice of hearing must be
served at least 3 days before the date of
hearing (3 day notice rule)
3. In Manila, Cebu, Davao (chartered

cities), the affidavit of complaint shall be
filed with the office of the prosecutor, 7. Proof of service of the motion
unless otherwise provided in their
charters R13 S13
MOTION REQUIREMENTS: Proof of personal service shall consist of:
1. In writing, [except those made upon in - Written admission of party served or

open court or in the course of a hearing
- Official return of the server or
or trial ] (R15 S2)
- Affidavit of the party serving containing
a full statement of the date, place, and
2. Must be verified and accompanied by an manner of service
affidavit of merit if the ground for the
If by service is by ordinary mail, proof thereof
motion is FAME
shall consist of an affidavit of the person mailing
of facts showing compliance with S7 of this
Rule.
3. Shall state the following (R15 S3)
If service is by registered mail, proof shall be
made by such affidavit and registry receipt
issued by the mailing office
a. Relief sought to be obtained
29
CRIMINAL PROCEDURE
The registry return card shall be filed - other public officer charged with
immediately upon its receipt by the sender, or in enforcement of the law violated
lieu thereof, the unclaimed letter together with
the certified or sworn copy of the notice given by R112 provisions (see above)
the postmaster to the addressee.
8. If the motion is not served to the other

The penalty is punishable by Imprisonment of 4
party by personal service, such mode
y 2 mos 1 day, no Preliminary investigation was
resorted to must be accompanied by a
conducted, REMEDY?
written explanation why the service or
filing was not done personally. A Scenario: Information was filed in lieu of inquest:
violation of this Rule may be cause to
consider the paper as not filed (R13 R112 S6 (AM 5-8-26-SC)
S11)
After the filing the complaint or information in
court without a preliminary investigation, the
accused may, within 5 days from the time he
Effect of failure to comply with Sections, 4, 5, learns of its filing,
6 of Rule 15?
- ask for a preliminary investigation with
1. *the motion shall be treated as a the same right to adduce evidence in his
worthless piece of paper which the clerk defense as provided in this Rule
of court has no right to receive and the
court has no authority to act upon (mere
scrap of paper)
III. MOTION TO QUASH (Before Plea)
2. It does not interrupt the running of the
prescriptive/reglementary period for the Criminal Procedure’s “Motion to Dismiss” (but do
filing of the requisite pleading not use the latter term)
3. It will be ground for denial of the motion
4. The motion shall be considered as not R117 S1- TIME

filed
At any time before entering his plea
R110 S2 and S3
R117 S2- Form and contents
Affidavit of Complaint shall be:
1. In writing
1. In writing,
2. Signed by accused or counsel
2. in the name of the Philippines,
3. Shall distinctly specify its factual and
3. against all persons who appear to be legal grounds
responsible for the offense involved
Court shall consider no ground other than those
4. charging a persons with an offense stated in the motion except for lack of jurisdiction
over the offense charged.
5. subscribed by the:
- offended party,
**R117 S3- GROUNDS
- any peace officer,
30
CRIMINAL PROCEDURE
Accused may move to quash the complaint or C. THAT THE COURT TRYING THE
information on any of the following grounds: CASE HAS NO JURISDICTION OVER
THE PERSON OF THE ACCUSED
A. THAT THE FACTS CHARGED DO
NOT CONSTITUTE AN OFFENSE Question in on validity of arrest under R113
GRANTED: GRANTED:
- File amended complaint or information - File amended information or complaint

(R111 S6- not a bar to another (R117 S6)
prosecutor for the same offense)
DENIED:
DENIED:
- Proceed with arraignment and trial, and
- Proceed with arraignment and trial, and in case of adverse decision, file an
in case of adverse decision, file an appeal assigning as error the denial of
appeal assigning as error the denial of the motion to quash. If the denial of the
the motion to quash. If the denial of the motion to quash is tainted with grave
motion to quash is tainted with grave abuse of discretion amounting to lack or
abuse of discretion amounting to lack or excess of jurisdiction, file petition for
excess of jurisdiction, file petition for certiorari with temporary restraining
certiorari with temporary restraining order (S1 R41 in relation to S4 R65)
order (S1 R41 in relation to S4 R65)
D. THAT THE OFFICER WHO FILED THE

INFORMATION HAD NO AUTHORITY
TO DO SO
B. THAT THE COURT TRYING THE
CASE HAS NO JURISDICTION OVER GRANTED:
THE OFFENSE CHARGED
- File amended information or complaint
GRANTED:
DENIED:
- File amended information or complaint
(R117 S6) - Proceed with arraignment and trial, and
in case of adverse decision, file an
DENIED: appeal assigning as error the denial of
the motion to quash. If the denial of the
- Proceed with arraignment and trial, and motion to quash is tainted with grave
in case of adverse decision, file an abuse of discretion amounting to lack or
appeal assigning as error the denial of excess of jurisdiction, file petition for
the motion to quash. If the denial of the certiorari with temporary restraining
motion to quash is tainted with grave order (S1 R41 in relation to S4 R65)
abuse of discretion amounting to lack or
excess of jurisdiction, file petition for
certiorari with temporary restraining
order (S1 R41 in relation to S4 R65) E. THAT IT DOES NOT CONFORM
SUBSTANTIALLY TO THE
PRESCRIBED FORM
GRANTED:
31
CRIMINAL PROCEDURE
- File amended information or complaint certiorari with temporary restraining

DENIED:

in case of adverse decision, file an G. THAT CRIMINAL ACTION OR
appeal assigning as error the denial of LIABILITY HAS BEEN EXTINGUISHED
the motion to quash. If the denial of the
motion to quash is tainted with grave Aka prescription of crime and liability
GRANTED:
certiorari with temporary restraining - Acquittal
Basis: R117 S6- an order sustaining a motion to
quash is not a bar to another prosecution for the
same offense unless the motion was based on
F. THAT MORE THAN ONE OFFENSE IS
the grounds specified in section 3g and i of this
CHARGED, except, when a single
Rule
punishment for various offenses is
prescribed DENIED:
Relate to R110 S13- a criminal complaint or - Proceed with arraignment and trial, and
information must charge only one offense, in case of adverse decision, file an
except when the law prescribes a single appeal assigning as error the denial of
punishment for various offenses the motion to quash. If the denial of the
motion to quash is tainted with grave
Relate to R120 S3 (failure to file motion to
quash)- when 2 or more offenses are charged in
a single complaint or information but accused
fails to object it before trial, the court shall
convict him of as many offenses as are charged
and proved, and impose on him the penalty for
each offense, setting out separately the findings
of fact and law in each offense H. THAT IT CONTAINS AVERMENTS
WHICH, IF TRUE, WOULD
CONSTITUTE A LEGAL EXCUSE OR
JUSTIFICATION
GRANTED:
GRANTED:
- File amended complaint or information
- File amended complaint or information
DENIED:
DENIED:
in case of adverse decision, file an - Proceed with arraignment and trial, and
appeal assigning as error the denial of in case of adverse decision, file an
the motion to quash. If the denial of the appeal assigning as error the denial of
motion to quash is tainted with grave the motion to quash. If the denial of the
abuse of discretion amounting to lack or motion to quash is tainted with grave
excess of jurisdiction, file petition for abuse of discretion amounting to lack or
32
CRIMINAL PROCEDURE
certiorari with temporary restraining appeal assigning as error the denial of

order (S1 R41 in relation to S4 R65) the motion to quash. If the denial of the
motion to quash is tainted with grave
I. THAT THE ACCUSED HAD BEEN
PREVIOUSLY CONVICTED OR
ACQUITTED OF THE OFFENSE
CHARGED, OR THE CASE AGAINST
HIM WAS DISMISSED OR
OTHERWISE TERMINATED WITHOUT Exceptions to Double Jeopardy:
HIS FAULT
R117 S7
Aka DOUBLE JEOPARDY
When an accused has
Constitutional requisites:
- been convicted or acquitted, or
1. Valid criminal complaint or information
- the case against him dismissed or
2. Filed before a competent court otherwise terminated without his
express consent by a court of
3. To which defendant had pleaded competent jurisdiction,
4. Of which he had been previously o upon a valid complaint or

acquitted or convicted or which was information or
dismissed or otherwise terminated
without his express consent o other formal charge sufficient in
form and substance to sustain a
Constitutional basis: conviction and
A3 S21- No person shall be twice put in o after the accused has pleaded
jeopardy or punishment FOR THE SAME
to the charge,
OFFENSE (If different offenses, essentially the
same elements). If an act is punished by law the conviction or acquittal of accused or
and an ordinance, conviction or acquittal under dismissal of the case shall be a bar
either shall constitute a bar to another
prosecution for the same act - to another prosecution for the offense
charged,
- or for any attempt to commit the same

GRANTED: or frustration thereof,
- Acquittal - or for any offense which necessarily

includes or is necessarily included in the
o Remedy: APPEAL not the
offense charged in the former complaint
criminal aspect, but the civil or information
aspect
HOWEVER,
DENIED:
Conviction of accused shall not be a bar to
- Proceed with arraignment and trial, and another prosecution for an offense which
in case of adverse decision, file an necessarily includes the offense charged in the
33
CRIMINAL PROCEDURE
former complaint or information under any of the The provisional dismissal of offenses punishable
ff instances: by imprisonment not exceeding 6 years or a fine
of any amount or both,
- graver offense developed due to
supervening facts arising from same act - shall become permanent 1 year after
or omission constituting the former issuance of the order, without the case
charge having been revived
With respect to offenses punishable by

imprisonment of more than 6 years,
- facts constituting the graver charge
became known or were discovered only - their provisional dismissal shall become
after a plea was entered in the former permanent 2 years after issuance of the
complaint or information order without the case having been
revived
- the plea of guilty to the lesser offense

was made without consent of the Requisites for provisional dismissal:
prosecutor and of the offended party,
except as provided in 1f of Rule 116 1. Express Conformity of the Accused
R116 1f (EXCEPTION) If wala, acquittal is proper
Private offended party shall be required to appear at the 2. If penalty is higher than 6 years,
arraignment for purposes of
Provisional dismissal becomes permanent 2
o plea bargaining
years from issuance of the order or service of
o determination of civil liability the order
o other matters requiring his presence 3. If penalty is lower than 6 years,
In case of failure of offended party to appear despite due Provisional dismissal becomes permanent 1
notice, court may allow accused to enter a plea of guilty to a
year from issuance of the order or service of the
lesser offense which is necessarily included in the offense
charged with the conformity of the trial prosecutor alone order, without the case having been revived
(cont of 117 S7)
In any of the foregoing cases, where the FOR FAILURE TO FILE MOTION TO QUASH
accused satisfies or serves in whole or in part FOR ILLEGALITY OF ARREST as under R117
the judgment, he shall be credited with the same S3c,
in the event of conviction for the graver offense.
- The ground shall be DEEMED WAIVED
PROVISIONAL DISMISSAL (R117 S8)

Can there be motion to quash in summary
A case shall not be provisionally dismissed proceedings?
except
GENERAL RULE: NO, because it is a prohibited
- with express consent of accused and pleading (motion to quash the complaint or
with notice to offended party information [S19a, Summ Pro])
34
CRIMINAL PROCEDURE
EXCEPTION: lack of jurisdiction over the 3g or 3i, and granted, (except in case of wilful
offense charged remedy is to file and deliberate forum
amended complaint or shopping, which operates
information, because not as dismissal with
a bar to another prejudice)
Motion to Quash Demurrer to evidence prosecution for the same
(Criminal Cases) offense
Rule 117 Rule 119 S23
Before arraignment After the prosecution
rested its case
9 grounds under S3 R117 Insufficiency of
evidence/inadequacy of IV. MOTION FOR AMENDMENT OF
Not goes into merits of evidence adduced by THE INFORMATION/CRIMINAL
the case but anchored on prosecution in support of COMPLAINT (Before Plea)
matters not directly accusation
related to question of R110 S14
guilt or innocence of
accused A criminal complaint or information may be
amended, in form or in substance,
Motion to Quash Motion to Dismiss - without leave of court,

Rule 117 Rule 16
Criminal Procedure Civil Procedure o at any time before accused
Before arraignment Within the time for but enters his plea
before filing answer to
the complaint or pleading After the plea and during the trial, a formal
asserting a claim amendment may only be made
10 grounds (R117 S3) 9 grounds (R16 S1)
If denied, proceed with If denied, file answer - with leave of court
arraignment and trial, within balance of the
when decision is adverse, period which shall not be - and when it can be done without
file an appeal assigning less than 5 days in any
causing prejudice to the rights of the
as error the denial of the event, counted from
motion to quash. If the notice of denial, proceed accused
denial is tainted with with trial, and when
GAD/violative of due decision is adverse, file However, any amendment before plea, which
process, Certiorari under an appeal assigning as
Rule 65 + TRO error the denial of the - downgrades nature of the offense
motion to dismiss. If the charged in or
denial is tainted with
GAD, Certiorari under - excludes any accused from the
Rule 65 complaint or information,
If granted, on ground is If granted on ground of
extinguishment (3g) or litis pendencia, res o Can be done only upon motion
DJ (3i), accused is judicata, paid waived by prosecutor,
acquitted abandoned otherwise
extinguished, or o With notice to offended party,
If granted, ground is DJ, prescription, dismissal is
appeal may still be filed, with prejudice, hence, o With leave of court
but only with respect to appeal is proper remedy
the civil aspect, no The court shall state its reasons in resolving the
longer the criminal If granted on other
motion and copies of its order shall be furnished
aspect grounds aside from
above stated, re filing is all parties, especially the offended party.
If on other grounds not the proper remedy
35
CRIMINAL PROCEDURE
If it appears at any time before judgment that a - Testimony of said accused can be
mistake has been made in charging the proper substantially corroborated in its material
offense, points
- The court shall dismiss the original

complaint or information upon filing of a
new one charging the proper offense in - Said accused does not appear to be the
accordance with R119 S1, provided the most guilty
accused would not be placed in double
jeopardy
- Said accused has not at any time been
The court may require the witnesses to give bail
convicted of any crime involving moral
for their appearance at the trial.
turpitude
Evidence adduced in support of the discharge

..Amendment before plea which downgrades shall automatically form part of the trial. If the
nature of the offense charged in or excludes court denies the motion for discharge of accused
any accused from the complaint or as a state witness, his sworn statement shall be
information.. inadmissible in evidence.
1st underlined statement- Relate to R119 S17

(DISCHARGE OF ACCUSED TO BECOME
2nd statement- Dismissal of accused
STATE WITNESS)
When 2 or more persons are jointly charged with

the commission of any offense, upon Amendment Substitution
prosecution of the prosecution before resting its Amended complaint is New offense
case, the court may direct one or more of the necessarily included in
accused to be discharged with their consent so the previous charge
that they may be witnesses for the state when, Not Arraignment/preliminary
after requiring the prosecution to present investigation is required
evidence and the sworn statement of each With or without leave of With leave of court
court
proposed state witness at a hearing in support of
Effect if granted is Effect if granted is
the discharge, the court is satisfied that: amend complaint or acquittal of accused
information or acquittal
- There is absolute necessity for if DJ
testimony of the accused whose (FROM BEDA NOTES)
discharge is requested Involves either formal or Involves substantial
substantial charges change from original
charge
Amendment before plea, With leave of court,
- There is no direct evidence available for with or without leave of original information has
proper prosecution of the offense court to be dismissed
committed, except testimony of said As to form, no need for Need for another
accused another PI
Refers to same offense Presupposes that new
charged in original information involves a
information or to an different offense
offense which
necessarily includes or is
necessarily included in
36
CRIMINAL PROCEDURE
the original charge

Accused could invoke Accused cannot claim
double jeopardy double jeopardy 10. Must be verified and accompanied by an
affidavit of merit if the ground for the
motion is FAME
TEST TO DETERMINE whether Amendment or
Substitution:
If defense of the accused would be rendered 11. Shall state the following (R15 S3)
null, not serve its purpose,
- SUBSTITUTION
a. Relief sought to be obtained
If not,
b. Grounds upon which it is based
- AMENDMENT and
c. If required by these Rules or

necessary to prove facts alleged
Can there be amendment to conform to therein, shall be supported by
evidence in criminal procedure? supporting affidavits and other
papers
YES, when facts proved are different from the
facts charged
12. Motion is set for hearing by applicant

(R15 S4)
In case of mistake in charging the proper
offense,
- Amendment follows 13. Notice of hearing addressed to all

parties concerned, specifying the time
o The original complaint or
and date of hearing which must not be
information shall be dismissed
later than 10 days after the filing of the
motion (R15 S5)
In case of defect in matters of form or clerical

errors,
14. Motion and notice of hearing must be
- Amendment is allowed served at least 3 days before the date of
Substantial amendments, such as in motion to

quash and motion to amend, 15. Proof of service of the motion
Requires WRITTEN MOTION R13 S13
Requisites of a valid motion: Proof of personal service shall consist of:
9. In writing, [except those made upon in - Written admission of party served or

open court or in the course of a hearing
- Official return of the server or
or trial ] (R15 S2)
37
CRIMINAL PROCEDURE
- Affidavit of the party serving containing If the private prosecutor filed a motion, the
a full statement of the date, place, and motion should bear conformity of the public
manner of service prosecutor, following R110 S5
If by service is by ordinary mail, proof thereof - If not, then the motion can be denied
shall consist of an affidavit of the person mailing
Rule.
V. BAIL
If service is by registered mail, proof shall be
RULE 114 (Pertinent Provisions)
issued by the mailing office Constitutional basis:
The registry return card shall be filed A3 S13

immediately upon its receipt by the sender, or in
lieu thereof, the unclaimed letter together with All penalties except those charged with offenses
the certified or sworn copy of the notice given by punishable by RP when evidence of guilt is strong
shall, before conviction, be bailable by sufficient
the postmaster to the addressee.
sureties or be released on recognizance as may be
provided by law.
16. If the motion is not served to the other
party by personal service, such mode The right to bail shall not be impaired even when the
resorted to must be accompanied by a privilege of the writ of habeas corpus is suspended.
written explanation why the service or Excessive bail shall not be required.
filing was not done personally. A
violation of this Rule may be cause to
consider the paper as not filed (R13
Bail (DEFINITION)- R114 S1
S11)
Bail is the security given for the release of a
person in custody of the law, furnished by him or
Effect of failure to comply with Sections, 4, 5, a bondsman, to guarantee his appearance
6 of Rule 15? before any court as required under the
conditions hereinunder specified.
5. *the motion shall be treated as a
worthless piece of paper which the clerk
Instances when bail can be posted:
scrap of paper) 1. After accused is taken into custody by
virtue of warrant of arrest
6. It does not interrupt the running of the
prescriptive/reglementary period for the
filing of the requisite pleading
2. After filing of information
8. The motion shall be considered as not

filed Forms of Bail: (R114 S1)
Bail may be given in the form of
1. corporate security,
38
CRIMINAL PROCEDURE
2. property bond, 1. BAIL AS A MATTER OF RIGHT
3. cash deposit, or R114 S4
4. recognizance All persons in custody shall be admitted to bail

as a matter of right, with sufficient sureties, or
released on recognizance as prescribed by law
or this Rule,
Conditions for bail: (R114 S2)
- Before or after conviction by the MTC,
- undertaking shall be effective upon
MuTC, MuTC in Cities, MCTC
approval, and unless cancelled, shall
remain in force at all stages of the case - Before conviction by RTC of an
until promulgation of the judgment of the offense not punishable by RP, LI
RTC, irrespective of whether the case
was originally filed in or appealed to it
2. BAIL AS A MATTER OF DISCRETION
- accused shall appear before the proper R114 S5

court whenever required by the court or
these Rules Upon conviction by RTC of an offense not
punishable by death, RP, LI, admission to bail
is discretionary
- failure of accused to appear at the trial Application for bail must be filed and acted upon
without justification and depite due by the trial court despite the filing of appeal,
notice shall be deemed a waiver of his provided it has not transmitted the original
right to be present thereat. In such record to the appellate court.
case, trial may proceed in absentia, and
- However, if the decision of the trial court
convicting the accused changed the
nature of the offense from non bailable
- bondsman shall surrender the accused to bailable, application for bail can only
to the court for execution of the final be filed with and received by the
judgment appellate court
The original papers shall state - Should the court grant the application,
the accused may be allowed to continue
1. full name and address of accused,
on provisional liberty during the
2. amount of undertaking pendency of the appeal under the same
bail subject to the consent of the
3. conditions required by this Section bondsman
Photographs (passport size) taken within the last If the penalty imposed by the TC is
6 months showing the face, left and right profiles imprisonment exceeding 6 years,
of the accused must be attached to the bail.
- Accused shall be denied bail, or
- His bail shall be cancelled,

Kinds of Bail:
39
CRIMINAL PROCEDURE
o upon showing by prosecution, aggravated by the circumstance

with notice to the accused, of of reiteracion
the following or other similar
circumstances:
b. that he has previously escaped
from legal confinement, evaded
a. that he is a recidivist, quasi sentence, or violated conditions
recidivist, habitual delinquent, or of his bail without valid
has committed the crime justification
aggravated by the circumstance
of reiteracion
c. that he committed the offense
while under probation, parole,
b. that he has previously escaped conditional pardon
from legal confinement, evaded
sentence, or violated conditions
of his bail without valid
d. that the circumstances of his
justification
case indicate the probability of
flight if released on bail
c. that he committed the offense

while under probation, parole,
e. that there is undue risk that he
conditional pardon
may commit another crime
during pendency of the appeal
d. that the circumstances of his

case indicate the probability of
S6- Capital offense
flight if released on bail
Offense which, under the law existing at the time
of its commission and of application to bail, may
e. that there is undue risk that he be punished with Death
may commit another crime
during pendency of the appeal
The appellate court may, motu proprio or upon

motion of any party, review the resolution of the
RTC after notice to the adverse party in either
case.
After conviction, bail shall be discretionary. S7- Capital offense or an offense punishable by
EXCEPT: RP or LI, Not bailable
a. that he is a recidivist, quasi No person charged with a capital offense, or an

recidivist, habitual delinquent, or offense punishable by RP or LI, shall be
has committed the crime admitted to bail when evidence of guilt is
40
CRIMINAL PROCEDURE
strong, regardless of the stage of the criminal f. weight of evidence against

prosecution. accused
Matter of discretion to determine whether g. probability of accused appearing

evidence of guilt is strong, because if not, then at trial
bail should be granted
h. forfeiture of other bail

S8- Burden of proof in application for bail
At a hearing of an application for bail filed by a

person in custody for commission of offense i. fact that accused was fugitive
punishable by death, RP, LI, from justice when arrested
- prosecution has the burden of showing

that the evidence of guilt is strong
j. pendency of other cases when
The evidence presented during the bail hearing accused is on bail
shall be considered automatically reproduced at
Excessive bail shall not be required
the trial but, upon motion of either party, the
court may recall any witness for additional
examination unless the latter is dead, outside
the Phils, or otherwise unable to testify R114 S21 provides that when presence of
accused is required by court or these Rules, his
bondsmen shall be notified to produce him
before the court on a given date and time. If
S9- Facts to consider amount of bail:
accused fails to appear in person as required,
a. financial ability of accused to his bail shall be declared forfeited/confiscated,
give bail and bondsmen is given 30 days within which to
produce principal and show cause why no
judgment should be rendered against them for
the amount of their bail...
b. nature and circumstances of the
offense IF BAIL IS CONFISCATED, remedy:
- Motion for reconsideration (R41 S1 R65

S4)
c. penalty for offense charged
- Denied,
- Certiorari Rule 65
d. character and reputation of
accused Basis: confiscation of bail is interlocutory
Order of Confiscation Judgment on Bond

of Bond
e. age and health of accused Interlocutory order, Final judgment, hence,
hence, remedy is remedy is appeal
certiorari R65
41
CRIMINAL PROCEDURE
investigated or filed the case. Upon submission

of a proper certificate of deposit and a written
undertaking showing compliance with the
requirements of S2 of this Rule, the warden or
AMENDMENTS OF AM 5-8-26-SC on Rule 114:
the person having custody of the accused
S17- Bail, where filed shall release him without necessity of further
orders from the court. The money deposited
a. Bail in the amount fixed may be filed shall be considered as bail and applied to the
with the court where the case is payment of fine and costs while the excess, if
pending, or in the absence or any, shall be returned to the accused or to
unavailability of the judge thereof, with whoever made the deposit.
any regional trial judge, metropolitan
trial judge, municipal trial judge, or
municipal circuit trial judge in the
OTHER PERTINENT PROVISIONS:
province, city, or municipality. If the
accused is arrested in a province, city, S10- Corporate surety
or municipality other than where the
case is pending, bail may also be filed Any domestic or foreign corporation, licensed as
with any regional trial court of the said a surety in accordance with law and currently
place, or if no judge thereof is available, authorized to act as such, may provide bail by a
with any metropolitan trial judge, bond subscribed jointly by the accused and an
municipal trial judge, or municipal circuit officer of the corporation duly authorized by its
trial judge therein board of directors.
S12- Qualifications of sureties in property bond
b. Where the grant of bail is a matter of The qualification of sureties in a property bond
discretion, or the accused seeks to be shall be as follows:
released on recognizance, the
application may be filed only in the a. Each must be a resident owner of real
court where the case is pending, on estate within the Philippines
trial or on appeal
b. Where there is only one surety, his real

c. Any person in custody who is not yet estate must be worth at least the
charged in court may apply for bail with amount of the undertaking
any court in the province, city, or
municipality where he is held
c. If there are 2 or more other sureties,
each may justify in an amount less than
S14- Deposit of cash as bail that expressed in the undertaking but
the aggregate of the justified sums must
The accused or any person acting in his behalf be equivalent to the whole amount of
may deposit in ash with the nearest collector of the bail demanded
internal revenue or provincial, municipal, or city
treasurer, or clerk of court where the case is In all cases, every surety must be worth the
pending, the amount of bail fixed by the court, amount specified in his own undertaking over
or recommended by the prosecutor who and above all just debts, obligations, and
properties exempt from execution.
42
CRIMINAL PROCEDURE
S15- Recognizance 5. In case of cases governed by Rules on

Summary Procedure, EXCEPT:
Whenever allowed by law or these Rules, the
court may release a person in custody or his
own recognizance or that of a responsible
person. a. When warrant of arrest is issued
for failure to appear when
required by court
**S26- Bail not a bar to objections on illegal b. When accused is a recidivist,

arrest, lack of or irregular preliminary fugitive from justice, or charged
investigation with physical injuries
An application for or admission to bail shall not c. When accused does not reside
bar the accused from challenging validity of his in the place where the violation
arrest or the legality of the warrant issued of law or ordinance is committed
therefor, or from assailing the regularity or
questioning the absence of a preliminary d. Has no known residence
investigation of the charge against him, provided
that he raises them before entering his plea.
The court shall resolve the matter as early as 6. When accused started to serve his
practicable but not later than the start of the trial sentence
of the case.
When bail is excessive, file a motion for

When bail is not necessary: reduction of bail (R114 S20)
1. When person is in custody for a period
equal to or more than the possible
maximum imprisonment prescribed for VI. MOTION FOR BILL OF
the offense charged (WHEN MAXIMUM PARTICULARS (before
PENALTY IS SERVED)- R114 S16 arraignment)
R116 S9
2. When person is in custody for a period Accused may, before arraignment, move for a
equal to or more than the minimum of bill of a particulars to enable him to properly
the principal penalty prescribed for the plead and prepare for trial. The motion shall
offensed charged (MINIMUM PENALTY specify the alleged defects of the complaint or
IS SERVED)- R114 S16 information and the details desired.
Purpose: to clarify ambiguities in the information
3. When released on reduced bail or on Sabi ni Atty Tan: ikaw ang accused, any doubt
recognizance created by prosecution serves in favor of
accused, hence, in case of doubt, accused
should be acquitted. HENCE, Motion for Bill of
Particulars is not practical for the accused.
4. When crime is punishable by fine
Bakit mo lilinawin? GAGO KA BA? E di
43
CRIMINAL PROCEDURE
pinayagan mo lang silang linawin yung charges NOTE: By MOTION

sayo at siguraduhin pagkakakulong mo...
Requisites of a valid motion:
17. In writing, [except those made upon in

Motion for Bill of Motion for Bill of open court or in the course of a hearing
Particulars in Civ Pro Particulars in Crim Pro or trial ] (R15 S2)
Rule 12 R116 S9
May be filed before May be filed before
responding to a pleading arraignment
Address any matter in Address alleged defects 18. Must be verified and accompanied by an
the pleading not averred in the criminal complaint affidavit of merit if the ground for the
with sufficient or information motion is FAME
definiteness or
particularity
Purpose is to prepare Purpose is to enable
responsive pleading properly to plead and 19. Shall state the following (R15 S3)
prepare for trial
Are there Modes of Discoveries in Criminal a. Relief sought to be obtained

Procedure?
b. Grounds upon which it is based
YES, relate to R23 and R24 (instances/modes) and
- Conditional examination of a witness on c. If required by these Rules or

the part of accused, where witness has necessary to prove facts alleged
no intention of returning therein, shall be supported by
supporting affidavits and other
- When witness is dead or if not, is
papers
residing more than 100km from place of
trial or hearing, or out of Phils, unless
absence was procured by party offering
the deposition 20. Motion is set for hearing by applicant
(R15 S4)
- Witness is unable to attend or testify
due to age, sickness, infirmity,
imprisonment
21. Notice of hearing addressed to all
- Party offering the deposition has been parties concerned, specifying the time
unable to procure attendance of witness and date of hearing which must not be
by subpoena later than 10 days after the filing of the
motion (R15 S5)
- Exceptional circumstances in interest of
justice
- In case of production or inspection of 22. Motion and notice of hearing must be

documents served at least 3 days before the date of
- Production or inspection of material
evidence in possession of prosecution
(R116 S10)
23. Proof of service of the motion
44
CRIMINAL PROCEDURE
R13 S13 12. The motion shall be considered as not

filed
Proof of personal service shall consist of:
- Written admission of party served or

Information was filed in court, Judge determines
- Official return of the server or probable cause, then issues WARRANT OF
ARREST
- Affidavit of the party serving containing
a full statement of the date, place, and
manner of service
Arrest
If by service is by ordinary mail, proof thereof
shall consist of an affidavit of the person mailing R113 S1
Rule. Taking of a person into custody in order that he
may be bound to answer for the commission of
If service is by registered mail, proof shall be an offense
issued by the mailing office
The registry return card shall be filed Requisites in order for valid issuance of warrant
immediately upon its receipt by the sender, or in of arrest:
lieu thereof, the unclaimed letter together with
A3 S2 (with respect to warrant of arrest)
the certified or sworn copy of the notice given by
the postmaster to the addressee. no warrant of arrest shall issue except
24. If the motion is not served to the other 1. upon probable cause determined
party by personal service, such mode personally by a judge under oath or
resorted to must be accompanied by a affirmation of the complainant and
written explanation why the service or witnesses he may produce,
filing was not done personally. A
violation of this Rule may be cause to 2. particularly describing person to be
consider the paper as not filed (R13 arrested
S11)
REMEDIES:
Effect of failure to comply with Sections, 4, 5,
6 of Rule 15? Before issuance of warrant of arrest:
9. *the motion shall be treated as a File motion for judicial determination of probable
worthless piece of paper which the clerk cause
IF DENIED,
scrap of paper) - warrant of arrest shall be issued
10. It does not interrupt the running of the IF GRANTED,
prescriptive/reglementary period for the
filing of the requisite pleading - case is dismissed, accused is acquitted,
double jeopardy arises
45
CRIMINAL PROCEDURE
It shall be the duty of the officer executing the warrant

to arrest the accused and deliver him to the nearest
Warrant of arrest was issued: police station or jail without necessary delay.
File motion to quash warrant of arrest S4- Execution of warrant
The head of the officer to whom the warrant of arrest

was delivered for execution shall cause the warrant to
If effectively placed into custody due to valid be executed within 10 days from its receipt. Within 10
warrant of arrest, accused can post bail (see bail days after the expiration of the period, the officer to
whom it was assigned for execution shall make a
discussions)
report to the judge who issued the warrant. In case of
his failure to execute the warrant, he shall state the
reasons therefor.
Differentiate: Warrant of Arrest vs In Custody of
S6- Time of making arrest
the Law
An arrest may be made on any day and at any time of
the day or night.
S7- Method of arrest by officer by virtue of warrant
When making an arrest by virtue of a warrant, the

officer shall inform the person to be arrested of the
cause of the arrest and the fact that a warrant has
been issued for his arrest, except when he flees or
forcibly resists before the officer has opportunity to so
inform him, or when the giving of such information will
imperil the arrest. The officer need not have the
warrant in his possession at the time of the arrest but
after the arrest, if the person arrested so requires, the
warrant shall be shown to him as soon as practicable.
S8- Method of arrest by officer without warrant
When making an arrest without a warrant, the officer

shall inform the person to be arrested of his authority
and the cause of the arrest, unless the latter is either
engaged in the commission of an offense, is pursued
immediately after its commission, has escaped, flees,
S2- Arrest, how made
or forcibly resists before the officer has opportunity to
so inform him, or when the giving of such information
An arrest is made by an actual restraint of a person to
will imperil the arrest.
be arrested, or by his submission to the custody of the
person making the arrest.
No evidence or unnecessary force shall be used in

S9- Method of arrest by private person
making an arrest. The person arrested shall not be
subject to a greater restrain than is necessary for his When making an arrest, a private person shall inform
detention. the person to be arrested of the intention to arrest him
and the cause of the arrest, unless the latter is either
S3- Duty of the arresting officer
engaged in the commission of an offense, is pursued
immediately after its commission, or has escaped,
flees, or forcibly resists before the person making the
46
CRIMINAL PROCEDURE
arrest has opportunity to so inform him, or when the

giving of such information will imperil the arrest.
Court, after 3 days from filing of the information,
unless shorter period is provided for by law,
(Accused already in custody): next stage:
S10- Officer may summon assistance
ARRAIGNMENT and PLEA
An officer making a lawful arrest may orally summon
as many persons as he deems necessary to assist Arraignment
him in effecting the arrest. Every person so
summoned by an officer shall assist him in effecting - formal mode of implementing
the arrest when he can render such assistance constitutional right of the accused to be
without detriment to himself. informed of the nature and the cause of
the accusation against him
In short, binabasahan ng sakdal

S11- Right of officer to break into a building or
enclosure (includes his right to counsel of his own choice—
if not given, then all proceedings shall be NULL
An officer, in order to make an arrest either by virtue
of a warrant or without a warrant as provided under AND VOID, including the decision)
S5, may break into any building or enclosure where
the person to be arrested is or is reasonably believed
to be, if he is refused admittance thereto, after
Constitutional basis:
announcing his authority and purpose.
A3 S14 (relate to Rule 115- rights of the
accused)
S12- Right to break out from building or enclosure
1. No person shall be held to answer
Whenever an officer has entered the building or without due process of law
enclosure in accordance with the preceding section,
he may break out therefrom when necessary to
liberate himself.
2. In all criminal proceedings, accused
shall be presumed innocent unless the
S13- Arrest after escape or rescue
contrary is proved (on the prosecution to
prove), and shall enjoy the right to
If a person lawfully arrested escapes or is rescued,
any person may immediately pursue or retake him
without a warrant at any time and in any place within
the Philippines. a. be heard by himself or his
counsel,
S14- Right of attorney or relative to visit person

b. be informed of the nature and
Any member of the Philippine Bar shall, at the request cause of the accusation against
of the person arrested or of another acting in his
him
behalf, have the right to visit and confer privately with
such person in the jail or any other place of custody at
any hour of the day or, of the night. Subject to
reasonable regulations, a relative of the person c. have speedy, impartial, public
arrested can also exercise the same right.
trial
47
CRIMINAL PROCEDURE
shall be arraigned within 10 days from

receipt by the judge of the records of the
d. meet with witnesses face to face case (RA8493 aka Speedy Trial Act)
e. have compulsory process to 2. Where complainant is about to depart

secure attendance of witness from the Phils with no definite date of
and production of evidence in return, accused should be arraigned
his behalf without delay (RA4908)
However, after arraignment, trial may proceed

notwithstanding the absence of the accused,
provided he has been duly notified and his 3. Cases under RA7610 (Child Abuse Act),
failure to appear is unjustifiable. the trial shall be commenced within 3
days from arraignment
Copy of the criminal complaint/information shall

be given to accused and counsel (ff AM 2-1-18- 4. Cases under SC AO 104-96 (heinous
SC aka Juveniles in Conflict with the Law) crimes, violations of Intellectual Property
Rights Law, these cases must be tried
continuously until terminated within 60
days from commencement of the trial
Where arraignment is made/how made?
and to be decided within 30 days from
1. In open court where complaint or the submission of the case
information has been filed or assigned
for trial
Rules on arraignment:
2. By the judge or clerk of court
1. Trial in absentia may be conducted only
3. By furnishing accused with a copy of
after valid arraignment
complaint or information
4. Reading it in a language or dialect

known to accused 2. Accused must personally appear during
arraignment and enter his plea (counsel
5. Asking accused whether he pleads
cannot enter plea for accused)
guilty or not guilty
6. Shall be made of record, but failure to

enter of record shall not affect validity of 3. Accused is presumed to have been
proceedings validly arraigned in the absence of proof
to the contrary
When arraignment is held within a shorter

period: 4. Generally, judgment is void if accused
had not validly arraigned
1. When accused is under preventive
suspension, his case should be raffled
within 3 days from filing and accused
48
CRIMINAL PROCEDURE
5. If accused went into trial without being over the person of the
arraigned, subsequent arraignment will accused
cure the error provided that the accused
was able to present evidence and cross o Time of pendency of motion to
examine the witness of the prosecution quash, or for bill of particulars,
during trial or other causes justifying
suspension of the arraignment,
IF information is amended in substance which shall be excluded in computing
changes the nature of the offense, arraignment the period
on the amended information is MANDATORY,
except if amendment is only as to form
When should plea of not guilty be entered:
Plea 1. When accused so pleaded
- Pertains to the matter which the

accused, on his arraignment, alleges in
2. When he refuses to plead
answer to the charge against him
Period to plea
3. Where in admitting the act charged, he
- When accused is under preventive
sets up matters of defense or with lawful
detention,
justification
o His case shall be raffled and hits
records transmitted to the judge
to whom the case is raffled 4. When he enters a conditional plea of
within 3 days from the filing of guilty
the information or complaint and
the accused arraigned within 10
days from the date of the raffle
5. Where, after a plea of guilty, he
o The pre trial conference of his introduces evidence of self defense or
case shall be held within 10 other exculpatory circumstances
days after arraignment
6. When the plea is indefinite or

- When accused is not under preventive ambiguous
detention,
o Unless shorter period is

provided by special law or SC Accused to personally enter his plea
circular,
No plea- not guilty
 Arraignment shall be Conditional plea- not guilty
held within 30 days from
the date the court Exculpatory- not guilty
acquires jurisdiction
49
CRIMINAL PROCEDURE
Improvident plea later withdrawn- allowed, not The private offended party shall be required to
admissible against admitter appear at the arraignment for purposes of:
- If capital offense at the time of the - Plea bargaining

application for bail, punishable by RP,
- Determination of civil liability
o Judge may ask for voluntariness
of said plea - Other matters requiring his presence
In case of failure of offended party to appear

despite due notice, court may allow accused to
Unconditional plea of guilt admits of the crime enter plea of guilty to a lesser offense which is
and all the attendant circumstances alleged in necessarily included in the offense charged with
the information including the allegations of the conformity of the trial prosecutor alone.
conspiracy and warrants of judgment of
conviction without need of further evidence,
EXCEPT:
Duly notified, accused failed to appear,
1. Where the plea of guilty was compelled
- Plea bargaining, same in pre trial,
by violence or intimidation
exception to double jeopardy
2. When accused did not fully understand

PLEA BARGAINING
the meaning and consequence of his
plea - Process whereby the accused, offended
party, prosecution work out a mutually
satisfactory disposition of the case
3. Where the information is sufficient to subject to court approval
sustain conviction of the offense
RULES:
charged
- Accused may enter plea of guilty to
lesser offense, provided,
4. Where the information does not charge
o Consent of offended party and
an offense, any conviction thereunder
prosecutor to plea of guilty to a
being void
lesser offense which is
necessarily included in the
offense charged
5. Where the court has no jurisdiction
- After arraignment by before trial

In case of plea to lesser offense, the Judge may
allow the prosecution to provide evidence to o Accused may still be allowed to
determine the proper penalty. plead guilty to a lesser offense
after withdrawing his plea of not
guilty
Rule 116 S1f o In this plea of guilty to a lesser

offense, no amendment of the
50
CRIMINAL PROCEDURE
complaint or information is
necessary
3. Period when accused may invoke
presumption of innocence and be
assured that he need not say or do
- If accused entered plea to a lesser anything else
offense without consent of offended
party and the prosecutor and the
convicted,
Where applicable?
o His subsequent conviction of the
crime charged would not place (R118 S1)
him in double jeopardy
In all criminal cases cognizable by:
1. Sandiganbayan
- If offended party fails to appear during
2. RTC
arraignment, the court may allow the
accused to plead guilty to a lesser 3. MTC
offense with the conformity of the trial
prosecutor alone 4. MuTC in Cities
5. MuTC
After arraignment, the court acquires 6. MCTC

jurisdiction over the case
When?
After arraignment, PRE TRIAL
R118 S1
After arraignment and within 30 days from the

A pre trial is a mandatory conference / date the court acquires jurisdiction over the
proceeding and personal confrontation before person of the accused, unless a shorter period is
the judge between the parties and their provided for in special laws or circulars of the
respective counsels SC
Importance of Pre-Trial:
1. It covers not only the period technically Considerations in pre trial conference:
defined in Rule 118 but also that period
R118 S1
from filing of the information up to the
actual conduct of trial - Plea bargaining
2. Encompasses many legal remedies - Stipulation of facts

such as filing of motion to quash (R117),
motion to suppress evidence (R126 S4),
motion for determination of probable
cause (Rule 126)
51
CRIMINAL PROCEDURE
- Marking for identification of evidence of 2. Facts stipulated

the parties
3. Evidence marked
Such order shall,

- Waiver of objections to admissibility of
evidence 1. Bind the parties
2. Limit the trial to matters not disposed of
- Modification of the order of trial if the 3. Control course of action during the trial
accused admits the charge but
a. Unless modified by the court to
interposes a lawful defense
prevent manifest justice
(as amended, 2004)

- Such matters as will promote a fair and
expeditious trial of the civil and criminal
aspects of the case Pre Trial in Criminal Pre Trial in Civil Cases
Cases
- Mandatory requirement
After arraignment, After the last pleading
within 30 days from the asserting a claim has been
date the court acquires served and filed
S2- Pre Trial agreement jurisdiction over the
accused
All agreements or admissions made or entered Rule 118 Rule 18
during the pre trial conference shall be reduced No pre trial brief Pre trial brief is required
in writing and signed by the accused and to be filed and served
counsel, otherwise, they cannot be used against Counsel of accused and Parties and counsel are
the accused. The agreements covering the prosecutor are required required to appear
matters referred to in S1 of this Rule shall be to appear
Non appearance may be
applied
excused only if valid
cause is shown, or
representative shall
appear in behalf duly
S3- Non appearance at the pre trial conference
authorized in writing to
enter into amicable
If counsel for accused or prosecutor does not
settlement, submit to
appear at the pre trial conference and does not ADR, enter into
offer an acceptable excuse for his lack of stipulations of facts and
cooperation, the court may impose the proper of document
sanctions and penalties Failure of counsel of Failure of plaintiff to
accused or prosecutor to appear, dismissal of the
appear, and without case with prejudice,
acceptable excuse for unless otherwise ordered
S4- Pre Trial Order lack of cooperation, by the court
court may impose
After the pre trial conference, the court shall proper sanctions or Failure of defendant to
make an order reciting: penalties appear, plaintiff to
present evidence ex parte
1. Actions taken Presence of private
offended party is not
52
CRIMINAL PROCEDURE
required (as only action should a

required to appear at valid ground
arraignment) therefor be found
to exist
Prê trial agreement is in Signed by parties and
writing, signed by counsel (?) - Advisability or
accused and counsel, or necessity of
else, cannot be used suspending the
against accused proceedings
Considerations in pre Considerations in pre
trial conference: trial: - Such other
matters as may
- Plea bargaining - Possibility of aid in the prompt
- Stipulation of amicable disposition of the
facts settlement or action
submission to
- Marking of alternative
identification of modes of dispute Criminal Cases are not subject of amicable
evidence of the resolution settlement/mediation, EXCEPT:
parties
- Simplification of 1. BP22
- Waiver of the issues
objections to
admissibility of - Necessity or
evidence desirability of 2. Civil liability arising from crime
amendments to
- Modification of the pleadings
order of trial if
accused admits - Possibility of 3. Estafa
the charge but obtaining
interposes a stipulations or
lawful defense admissions of
facts and of 4. Theft
- Such matters as documents to
will promote a avoid
fair and unnecessary
expeditious proof 5. Quasi offenses
trial of the
criminal and - Limitation on the
civil aspects of number of
the case witnesses 6. Mediatable offenses
- Advisability of
preliminary
conference of Motion to amend pre trial order
issues to
commissioner - Allowed; if granted, pre trial may be
modified accordingly
- Propriety of
rendering
judgment on the
pleadings, After Pre Trial,
summary
judgment, TRIAL
dismissing the
53
CRIMINAL PROCEDURE
Rule 119 in relation to Rule 132 - in the proper case, the civil liability
R119 S1
After plea of not guilty is entered, accused shall

have at least 15 days to prepare for trial. The b. The accused may present
trial shall commence within 30 days from receipt evidence
of the pre trial order.
- to prove his defense and
S2
- damages, if any,
o arising from the issuance of
Trial once commenced shall continue
a provisional remedy in the
- from day to day as far as practicable case
until terminated
o It may be postponed for a
reasonable period of time
 for good cause
c. The prosecution and the
defense may, in that order,
present
The court shall, after consultation with the
prosecutor and defense counsel,
- rebuttal and
- set the cause for continuous trial on - sur-rebuttal evidence unless
o the court, in furtherance of
- a weekly or justice, permits them to
present additional evidence
- other short term trial calendar at the bearing upon the main issue
earliest possible time
so as to ensure speedy trial
In no case shall the entire trial period exceed d. Upon admission of the evidence
180 days from the first day of trial, except as of the parties, the
otherwise authorized by the Supreme Court.
The time limitations provided under this Section - case shall be deemed submitted for
and the preceding section shall not apply decision
o unless the court directs
- where special laws or circulars of the them to argue orally or to
Supreme Court provide for a shorter submit written propaganda
period of trial
S11- Order of Trial

e. When the accused admits the
The trial shall proceed in the following order: act or omission charged in the
complaint or information but
interposes a lawful defense,
a. The prosecution shall present

- the order of trial may be modified
- evidence to prove the charge, and,
54
CRIMINAL PROCEDURE
RULE 111 S1 in Relation to RULE 132- ORDER

OF TRIAL
- upon demurrer to evidence filed by
This order is to be followed, except in case of: accused with or without leave of
court
- inverted or reverse trial, in case of
lawful defense, where accused If the court denies demurrer to evidence filed
presents first with leave of court,
- accused may adduce evidence in

his defense
- court’s own discretion
When demurrer to evidence is filed without leave
of court,
- accused waives right to present

evidence and submits the case for
1. Prosecution’s Evidence in Chief
judgment on the basis of evidence
for the prosecution
- Prove body of the information, the The motion for leave of court to file demurrer to
acts or omission’s complained of evidence shall specifically state its grounds and
shall be filed within a non extendible period of 5
Direct Examination days after the prosecution rests its case. The
prosecution may oppose the motion within a
Cross Examination non-extendible period of 5 days from its receipt.
Re Direct Examination The order denying the motion for leave of court
to file demurrer to evidence or the demurrer
Re Cross Examination
itself shall not be reviewable by appeal or
Formal Offer certiorari before judgment
Comment / Objection to Offer
Offer of admission / Tender of Excluded Demurrer to evidence in Demurrer to evidence in

Civil Procedure Criminal Procedure
Evidence
Rule 33 Rule 119 S23
Resting of the case No leave of court With or without leave of
required court
After plaintiff rests his case, Accused may move
If with leave of court,
for demurrer to evidence (R119 S23)
accused could present
evidence if demurrer is
R119 S23- DEMURRER TO EVIDENCE
denied
After the prosecution rests its case, court may
If without leave of court,
dismiss the action on the ground of insufficiency accused could not present
of evidence: evidence if demurrer is
denied
- on its own initiative, after giving the If court finds that If court finds that
prosecution an opportunity to be evidence is insufficient prosecution’s evidence is
heard OR (plaintiff has shown no insufficient, demurrer
right to relief), complaint granted, accused is
55
CRIMINAL PROCEDURE
dismissed as demurrer is acquitted - to be filed within a NON

granted EXTENDIBLE PERIOD of 5 DAYS
Judgment of acquittal not after the prosecution rests its case
appealable, hence, DJ
sets in o (Prosecution may oppose
Judgment of dismissal is Judgment of acquittal is
the motion within a period of
appealable not appealable; DJ sets in
5 DAYS non extendible
If demurrer is granted period, from its receipt)
but on appeal, order of
dismissal is reversed,
defendant is deemed to
have waived the right to DEMURRER TO EVIDENCE:
present evidence
- If leave of court is granted, demurrer
(NO res judicata in to be filed within a NON
dismissal due to EXTENDIBLE PERIOD of 10 DAYS
demurrer) from notice
Plaintiff files motion to Court may motu proprio
deny motion due to deny motion o (Prosecution may oppose
demurrer to evidence within a similar period from
If court denies demurrer, If court denies demurrer,
receipt)
defendant will present
evidence With LoC- accused may
present evidence
The order denying motion for leave of court
W/O LoC- accused can
no longer present to file demurrer to evidence or demurrer
evidence and submits itself,
case for decision based
on prosecution’s - Shall not be reviewable by appeal or
evidence by certiorari before judgment
HENCE, in such a case, what will be your

In order to file demurrer to evidence, file motion remedy?
for leave of court to file demurrer to evidence,
and attach the demurrer to evidence - Proceed with the trial, in case of
adverse decision, file an appeal,
- if the demurrer to evidence is not assigning as error the order denying
attached, it would be considered as the motion for leave of court to file
demurrer without leave of court, demurrer to evidence or the
hence, waiver of presentation of demurrer itself
evidence by accused if demurrer is
denied, and case submitted for
judgment on basis of evidence of
Can There be demurrer to evidence in
the prosecution
summary procedure?
YES. It is not a prohibited pleading

Motion for leave of court to file demurrer to
If demurrer is denied,
evidence:
Accused must present evidence in chief
56
CRIMINAL PROCEDURE
charged and the imposition on him of the proper

penalty and civil liability if any.
IF DEMURRER TO EVIDENCE is WITH LEAVE
OF COURT, It must be
- Case is already for judgment - written in the official language,
- personally and directly prepared by

the judge and
2. Accused’s Evidence in Chief
- signed by him
Direct Examination
- shall contain clearly and distinctly a
Cross Examination statement of the facts and the law
upon which it is based
Re Direct Examination
Re Cross Examination
JUDGMENT CAN EITHER BE:
Conviction or Acquittal (Rule 120 S2- contents

3. Rebuttal
of judgment)
STATE THE FOLLOWING:

4. Formal Offer
For CONVICTION: (accused still has remedies)
- legal qualification of offense

5. Surrebuttal constituted by the acts committed by
accused, aggravating or mitigating
circumstances which attended its
commission
6. Formal Offer
- participation of accused in the

7. Memorandum offense, whether as principal,
accomplice, accessory
8. JUDGMENT
- penalty imposed upon the accused
JUDGMENT
- civil liability for damages caused by
Rule 120
wrongful act or omission to be
Judgment recovered from accused by accused
from the offended party, if there is
R120 S1 any
Judgment is the Adjudication of the court that

the accused is guilty or not guilty of the offense
57
CRIMINAL PROCEDURE
o UNLESS, the enforcement If the accused is confined or detained in another

of civil liability by a separate province or city, the judgment may be
civil action has been
promulgated
reserved or waived
- by the executive judge of the Regional

Trial Court having jurisdiction over the
For ACQUITTAL: (no more remedy for
prosecution; cant appeal the criminal aspect place of confinement or detention
anymore) o upon the request of the court
- Whether the evidence of the which rendered the judgment

prosecution The court promulgating the judgment shall have
authority to
o Absolutely failed to prove - accept the notice of appeal and

guilt of the accused or - to approve the bail bond pending appeal
Provided, that if the decision of the trial court
convicting the accused
o Merely failed to prove his
guilt beyond reasonable - changed the nature of the offense from
doubt
non-bailable to bailable,
In either case, judgment shall determine if the o the application for bail can only
act or omission from which the civil liability might
be filed and resolved by the
arise did not exist.
appellate court
Promulgation of Judgment (R120 S6):

The proper clerk of court shall give notice to the
IMPORTANT: Par 1 accused
The judgment is promulgated by reading it in the

- personally or
presence of the accused and any judge of the
court in which it was rendered. - through his bondsman or
- warden and counsel,
However, if the conviction is for a light offense,
requiring him to be present at the promulgation
the judgment may be pronounced in the
presence of his counsel of representative. of the decision
When the judge is absent or outside the If the accused was tried in absentia because
province or city, the judgment may be
promulgated by the clerk of court. - he jumped bail or
- escaped from prison,
o the notice to him
OTHER PARS:
 shall be served at his
last known address
58
CRIMINAL PROCEDURE
Effect of non appearance by accused:
In case the accused fails to appear at the If the judgment is for conviction and the failure of
scheduled date of promulgation of judgment the accused to appear was without justifiable
despite notice, cause,
- the promulgation shall be made - he shall lose the remedies available in
o by recording the judgment in the these Rules against the judgment and
- the court shall order his arrest
criminal docket
o and serving him a copy thereof
at his last known address or thru Within 15 days from promulgation of judgment,
his counsel
however, the accused may
If the judgment is - surrender and

- file a motion for leave of court to avail of
- for conviction and these remedies
- the failure of the accused to appear was
without justifiable cause,
o he shall lose the remedies He shall state the reasons for his absence at the
available in these Rules against scheduled promulgation and if he proves that his
the judgment and absence was for a justifiable cause,
o the court shall order his arrest

- he shall be allowed to avail of said
Within 15 days from promulgation of judgment, remedies within 15 days from notice
however,
- the accused may If accused posted bond/bail, but failed to appear

o surrender and at the trial,
o file a motion for leave of court to - There shall be TRIAL IN ABSENTIA

avail of these remedies (R114 in relation to R119)
He shall state the reasons for his absence at

the scheduled promulgation and
Is there trial in absentia in a civil case?
- if he proves that his absence was for a YES. It is known as proceedings after ORDER
justifiable cause, OF DEFAULT was issued. Wherein, plaintiff is
o he shall be allowed to avail of allowed to present evidence ex parte, and the
court shall grant JUDGMENT OF DEFAULT
said remedies within 15 days based on evidence presented by plaintiff ex
from notice parte
59
CRIMINAL PROCEDURE
Note the following rules: S1- at any time before judgment or conviction
becomes final, the court may, on motion of
CHILD WITNESS EXAMINATION RULE accused or at its own instance but with consent
of accused, grant reconsideration or new trial
- Leading questions are allowed
- Child witness is aided by facilitator

Motion for reconsideration (R121)
Grounds (S3):
SEXUAL SHIELD ABUSE RULE
- Errors of law OR
- Questions on sexual predisposition of a
minor witness is inadmissible in - Errors of fact
evidence
o In the judgment
o EXCEPT:
*requires no further proceedings
 If tending to prove
source of semen M4R of judgment of M4R of final judgment
conviction in criminal in civil cases
 If question refers to cases
injuries sustained by Rule 121 Rule 37
said minor witness Done 15 days before Done within the period
judgment becomes final for taking an appeal (15
or 30, as the case may
be)
JUVENILES IN CONFLICT WITH THE LAW / Grounds: errors of law or Grounds:
fact in the judgment
JUVENILE DELINQUENCY
- Damages
awarded are
- Provides for diversion program, for the
excessive
child’s rehabilitation
- Evidence is
insufficienty to
justify the
REMEDIES BEFORE JUDGMENT BECOMES decision or final
FINAL AND EXECUTORY: order
- Motion for reconsideration (R121) - Decision or

final order is
- Motion for new trial (R121) contrary to law
- Reopening of trial (R119 S24)
- Appeal R122 in relation to R40-42, 45)
Periods within which to avail of M4R, MNT, Motion for new Trial (R121)
Appeal: 15 days before judgment becomes final
(counted from promulgation [?] of judgment) Grounds (S2):
NOTE: fresh period rule applies in case of M4R - Errors of law or irregularities prejudicial
or MNT, counted from denial of M4R or MNT to the substantial rights of the accused
have been convicted during the trial
60
CRIMINAL PROCEDURE
evidence, the motions must be supported by

affidavits of witnesses by whom such evidence
- That new and material evidence has is expected to be given or by duly authenticated
been discovered which accused could copies of documents which are proposed to be
not have with reasonable diligence have introduced in evidence. Notice of the motion for
discovered and produced at the trial and new trial or reconsideration shall be given to the
which if introducted and admitted would prosecutor
probable change the result
S5- Hearing on motion

Motion for New Trial Motion for New Trial in
in Criminal Cases Civil Cases Where a motion for new trial calls for resolution
Rule 121 Rule 37 of any question of fact, the court may hear
15 days before judgment Within the period for evidence thereon by affidavits or otherwise.
becomes final taking an appeal (15 or
30 depending)
Grounds: Grounds:
S6- Effects of granting a new trial or
- Errors of law or - FAME which reconsideration
irregularities ordinary
prejudicial to prudence could The effects of granting a new trial or
the substantial not have
reconsideration are the following:
rights of the guarded against
accused have and by reason of
a. When a new trial is granted on the
been convicted which such
during the trial aggrieved party ground of errors of law or irregularities
has probably committed during the trial, all the
- That new and been impaired proceedings and evidence affected
material in his rights, or thereby shall be set aside and taken
evidence has anew. The court may, in the interest of
been discovered - Newly justice, allow the introduction of
which accused discovered
additional evidence
could not have evidence,which
with reasonable he could not,
diligence have with reasonable
discovered and diligence, have
produced at the discovered and b. When a new trial is granted on the
trial and which produced at the ground of newly discovered evidence,
if introducted trial, and which the evidence already adduced shall
and admitted if presented stand and the newly discovered and
would probable would probably such other evidence as the court may, in
change the alter the result the interest of justice, allow to be
result
introduced shall be taken and
considered together with the evidence
already in the record
Other provisions:
S4- Form of motion and notice to the prosecutor

c. In all cases, when the court grants new
The motion for new trial or reconsideration shall trial or reconsideration, the original
be in writing and shall state the grounds on judgment shall be set aside or vacated
which it is based. If based on newly discovered
61
CRIMINAL PROCEDURE
and a new judgment rendered conviction becomes final before finality of

accordingly. judgment of
conviction;
Only after either

or both the parties
REOPENING OF TRIAL (Rule 119 S24) have formally
offered and
R119 S24 closed their
evidence before
At any time before finality of the judgment of judgment
Based on specific grounds Controlled by no
conviction, the judge may, motu proprio or upon rules provided
motion, with hearing in either case, reopen the for, but by
proceedings to avoid miscarriage of justice. The paramount
proceedings shall be terminated within 30 days interests of
justice resting
from the order granting it. entirely of sound
discretion of trial
court, the
exercise of which
(The second time this concept is mentioned, is discretion will
as a prohibited pleading under the Rules on not be reviewed
on appeal
Summary Procedure.) UNLESS clear
abuse thereof is
shown
Compare the following remedies in criminal

cases: If penalty is not > 6 years, PROBATION LAW
APPLIES (See: Criminal Law)
Motion for New Motion for Motion for
Trial Reconsideration Reopening of
Trial
GROUNDS:
Errors of law or Errors of law or Admission of Note that after the filing of information up to
irregularities facts in the additional before judgment, PROVISIONAL REMEDIES
prejudicial to the judgment evidence CAN BE AVAILED (Rule 127 in relation to Rules
substantial rights 57-61)
of the accused
have been
convicted during Rule 127
the trial
S1- Availability of provisional remedies
That new and
material evidence The provisional remedies in civil actions, insofar
has been as they are applicable, may be availed of in
discovered which
accused could not connection with the civil action deemed
have with instituted with the criminal action.
reasonable
diligence have LIKE:
discovered and
produced at the - Preliminary attachment
trial and which if
introducted and
admitted would - Preliminary injunction (and TRO)
probable change
the result - Receivership
Made at any time before judgment of At any time - Replevin
62
CRIMINAL PROCEDURE
- Support pendente lite - when accused resides outside of the

Philippines
S2- Attachment
When civil action is properly instituted in the

criminal action as provided in Rule 111, the
offended party may have the property of
accused attached as security for the satisfaction Appeal
of any judgment that may be recovered from the
(Rule 122 in relation to Rules 40-42, 45, and
accused in the ff cases:
applying the Sandiganbayan Law)
- When accused is about to abscond from
Cases decided by MTC in the exercise of its
the Philippines
original jurisdiction:
Notice of Appeal Petition for Review

- When criminal action is based on a (R122 in relation to (Rule 122 in relation
R40) within 15 days to R42) within 15
claim for money or property embezzled from notice of days from notice of
or fraudulently misapplied or converted judgment judgment
to the use of the accused who is
MTC
RTC
o a public officer,
M4R M4R
o officer of a corporation,
CA
o attorney,
o factor, M4R
Rule 52
Petition for review
o broker, on Certiorari (Rule
45) within 15 days
SC
o agent,
o clerk,
SC MOTION FOR
 in the course of his RECONSIDERATIO
employment as such, or N within 15 days
(Rule 52)
o by any other person in a
fiduciary capacity, or for a wilful
violation of duty
(Note: Parties are required to file memorandum
of appeal)
- when accused has concealed, removed, Cases decided by RTC in the exercise of its
or disposed of his property, or is about original jurisdiction:
to do so, and
RTC
CA
63
CRIMINAL PROCEDURE
Cases decided by the MTC involving Public

Notice of Appeal Officers Salary Grade 26 and lower (penalty <
(R122 in relation to 6 years)
R40) within 15 days Petition for Review
from notice of (Rule 122 in relation
judgment to R42) within 15
SC Notice of Appeal
days from notice of
(R122 in relation to
R40) within 15 days judgment
M4R
Rule 52 from notice of
judgment
MTC
Petition for review
on Certiorari (Rule SC MOTION FOR RTC
45) within 15 days
RECONSIDERATIO
N within 15 days
(Rule 52) M4R M4R
Appellant’s Brief required (45 days), except *SANDIGANBAY

AN
in automatic review, unless otherwise
decided
M4R
Rule 52
Petition for review
on Certiorari (Rule
AUTOMATIC REVIEW, in case Penalty is RP 45) within 15 days
SC
RTC
SC MOTION FOR
RECONSIDERATIO
CA N within 15 days
(Rule 52)
SC
SC MOTION FOR
RECONSIDERATIO
N within 15 days
(Rule 52)
Note that in the Court of Appeals, the State is Cases decided by RTC involving Public
represented by the Office of the Solicitor Officers Salary Grade 26 and lower (penalty >
General. 6 years)
RTC
*SANDIGANBAYAN
Notice of Appeal
(R122 in relation to 64
R40) within 15 days
from notice of
judgment
CRIMINAL PROCEDURE
SC SC MOTION FOR
RECONSIDERATIO
M4R
N within 15 days
Rule 52
(Rule 52)
Petition for review

on Certiorari (Rule SC MOTION FOR
45) within 15 days NOTE: In all the above cases, appeal can be
RECONSIDERATIO
N within 15 days withdrawn for purpose of PARDON
(Rule 52)
REMEDIED AFTER JUDGMENT OF

Automatic Review, in case penalty is RP CONVICTION HAS BECOME FINAL AND
EXECUTORY
RTC *SANDIGANBAYAN
(relate to Rule 39)
- suspended service of sentence (70

SC years of age, pregnant, or a minor
higher than 15 not higher than 18,
higher than 18 not higher than 21)
SC MOTION FOR
RECONSIDERATIO
N within 15 days
- probation
(Rule 52)
- pardon
- lower sentence for good behaviour
- Certiorari Rule 65 on the ground of

denial of due process
Sandiganbayan, in the exercise of Original

Jurisdiction:
(NOTE: Hindi kasama TATAKAS, PUPUGA... :P
)
Sandiganbayan
FINAL, ADDITIONAL NOTES ON CRIMINAL

PROCEDURE:
SC
Petition for
review on
Certiorari (Rule
45) within 15 65
days
CRIMINAL PROCEDURE
Modes of discovery in preliminary investigation,
- MERON
Alternative dispute resolutions (for quick

expediting proceedings) are allowed in Pre Trial
under the Rules on Summary Procedure,
provided, the issue is MEDIATABLE
Discharge of Witness Witness Protection

Program
Rule 119 S7 DOJ Rules
Filed before prosecution Filed before the filing of
rests its case the criminal complaint or
information
Applies to any offense Applies to grave offenses
only
Immunity is granted by Immunity is granted by
court DOJ
Witness so discharged Witness is automatically
must still apply for entitled to certain rights
enjoyment of said rights and benefits
and benefits in the DOJ
Witness is charged in Witness need not be
court as one of accused charged elsewhere
as stated in the
information
Charges against him No information may thus
shall be dropped, and the be filed against the
same operates as an witness
acquittal
Differentiate: Mistake in charging proper offense

vs Lesser Penalty, Lesser Offense
1 DAY 1 WITNESS RULE
66
CRIMINAL PROCEDURE
If the accused is not brought to trial within the

prescribed period,
The case against the accused shall be

dismissed motu proprio or by virtue of motion to
dismiss. (SPEEDY TRIAL ACT)
67

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Remedial Law Review Notes under Atty Ferdinand Tan

Criminal Procedure Notes provided for

Constitutional Provisions of Criminal remain silent and have competent and

A3 S3 4. The law shall provide for penal and civil

All penalties except those charged with offenses

1. Any person under investigation for

2. In all criminal proceedings, accused 1. no person shall be detained solely

2. no involuntary servitude in any form

b. be informed of the nature and

c. have speedy, impartial, public A3 S21

A3 S16 Jurisdiction with respect to criminal cases

All persons shall have the right to speedy Supreme Court

A3 S17 1. cases affecting ambassadors, public

1. all cases in which jurisdiction of lower

5. Automatic review in criminal cases - Forfeiture in favour of state properties

6. Petition for review on certiorari of CA, - Direct Bribery

- Corruption of Public Officials

Concurrent 2. Offenses simple or complexed,

3. M, VM, Sangguniang panglungsod, Concurrent Original

5. Phil Army and Air Force Cols, Naval Appellate Jurisdiction

Can the Sandiganbayan try civil cases? Family Court Jurisdiction

2. Minor is accused in violation of CDDA 5. Offenses involving damage to property

Exclusive Original Jurisdiction, Ordinary Criminal

1. Offenses punishable by imprisonment of General rule: No complaint, petition, action

3. All offenses under Sandiganbayan 1. Offenses punishable by imprisonment

1. Traffic violations 4. Dispute involving parties who actually

8. When action already prescribed In criminal procedure, Venue is Jurisdictional,

- NOT A GROUND for motion to dismiss

Granted, remedy: R110 S15

- File new complaint or information, 1. Subject to existing laws, the criminal

Denied, remedy: 2. Where an offense is committed in a

3. Where an offense is committed on - Where the private offended party is

b. at any municipality or territory Libel

- In case of private individual, where

3. while being public officers or employees,

4. commit any of the crimes against 2. in the event of lack of public

PUBLIC CRIME PRIVATE CRIME If offended party dies or becomes incapacitated

An accusation in writing charging a person with - (Optional)- rejoinder affidavit

Note: pa gang client hindi marunong mag

DIRECTLY WITH MTC / MCTC

In Manila and other chartered cities, the

The Institution of the criminal action shall

- Complainant will be required to file a Direct Filing of the Criminal Complaint or

- An inquiry or proceeding to determine

- R112 S1 P2- Except as provided for in  Required if the penalty

- Davao 3. Other officers as may be authorized

and documents, respondent shall submit

- PCGG 4. IF respondent cannot be subpoenaed or

Procedure before the City Prosecutor (same

- Dismiss it if he finds no ground to Hearing shall be held 10 days from submission

3. Within 10 days from receipt of subpoena

corresponding remedies in case of adverse

1. MOTION FOR RECONSIDERATION

Appeal to Provincial Prosecutor

(then follow preceding remedies)

IF, NON BAILABLE IF, BAILABLE OFFENSE

(Because once the motion to suspend is filed,