CRIMINAL PROCEDURE
barangays of different cities or municipalities, except
THE LAW ON PHILIPPINE CRIMINAL PROCEDURE
KATARUNGANG PAMBARANGGAY LAW
 PD 1508 – Original Katarungang Pambaranggay Law.
 Now the Katarungang Pambarangay is found in RA
7160, The Local Government Code.
 LOCAL GOVERNMENT CODE SECTION 399-422
 AQUILINO “NENE” PIMENTEL – Father of Local
Government Code and Katarungang Pambarangay
Law.
COMPOSITION OF LUPON TAGAPAMAYAPA
Section 399. Lupong Tagapamayapa. -
(a) In each barangay a lupong tagapamayapa, is created,
composed of the punong barangay, as chairman and
ten (10) to twenty (20) members.
(b) Any person actually residing or working, in the
barangay, not otherwise expressly disqualified by
law, and possessing integrity, impartiality,
independence of mind, sense of fairness, and
reputation for probity, may be appointed a member
of the lupon.
LUPON SECRETARY
Secretary of the Lupon. - The barangay secretary shall
concurrently serve as the secretary of the lupon. He
shall record the results of mediation proceedings before
the punong barangay and shall submit a report thereon
to the proper city or municipal courts.
PANGKAT NG TAGAPAGKASUNDO
(a) There shall be created for each dispute brought
before the lupon a conciliation panel to be known as
the pangkat ng tagapagkasundo, consisting of three
(3) members who shall be chosen by the parties to
the dispute from the list of members of the lupon.
Should the parties fail to agree on the pangkat
membership, the same shall be determined by lots
drawn by the lupon chairman.
(b) The three (3) members constituting the pangkat shall
elect from among themselves the chairman and the
secretary. Secretary shall issue and cause to be
served notices to the parties concerned.
JURISDICTION OF THE LUPON
The lupon of each barangay shall have authority to bring
together the parties actually residing in the same city or
municipality for amicable settlement of all disputes
except:
(a) Where one party is the government, or any
subdivision or instrumentality thereof;
(b) Where one party is a public officer or employee, and
the dispute relates to the performance of his official
functions;
(c) Offenses punishable by imprisonment exceeding one
(1) year or a fine exceeding Five thousand pesos
(P5,000.00);
(d) Offenses where there is no private offended party;
(e) Where the dispute involves real properties located in
different cities or municipalities unless the parties
thereto agree to submit their differences to amicable
settlement by an appropriate lupon;
(f) Disputes involving parties who actually reside in
where such barangay units adjoin each other, and
the parties thereto agree to submit their differences
to amicable settlement by an appropriate lupon;
(g) Such other classes of disputes which the President
may determine in the interest of Justice or upon the
recommendation of the Secretary of Justice.
The court in which non-criminal cases not falling within
the authority of the lupon under this Code are filed
may, at any time before trial motu propio refer the case
to the lupon concerned for amicable settlement.
SUSPENSION OF PRESCRIPTIVE PERIOD
While the dispute is under mediation, conciliation, or
arbitration, the prescriptive periods for offenses and
cause of action under existing laws shall be interrupted
upon filing the complaint with the punong barangay.
The prescriptive periods shall resume upon receipt by
the complainant of the complainant or the certificate of
repudiation or of the certification to file action issued by
the lupon or pangkat secretary: Provided, however,
That such interruption shall not exceed sixty (60) days
from the filing of the complaint with the punong
barangay.
CONDITION BEFORE GOING TO COURT
No complaint, petition, action, or proceeding involving
any matter within the authority of the lupon shall be
filed or instituted directly in court or any other
government office for adjudication, unless there has
been a confrontation between the parties before the
lupon chairman or the pangkat, and that no conciliation
or settlement has been reached as certified by the
lupon secretary or pangkat secretary as attested to by
the lupon or pangkat chairman or unless the settlement
has been repudiated by the parties thereto.
PERSONAL APPEARANCE/NO LAWYERS ALLOWED
In all Katarungang Pambarangay proceedings, the
parties must appear in person without the assistance of
counsel or representative, except for minors and
incompetents who may be assisted by their next-of-kin
who are not lawyers.
EFFECT OF AMICABLE SETTLEMENT
The amicable settlement and arbitration award shall
have the force and effect of a final judgment of a court
upon the expiration of ten (10) days from the date
thereof, unless repudiation of the settlement has been
made or a petition to nullify the award has been filed
before the proper city or municipal court.
THE RULES ON CRIMINAL PROCEDURE
 A.M. No. 00-5-03-SC.
 This is the Proposed Revised Rules of Criminal
Procedure
 Approved by the Supreme Court, October 3, 2000.
 Effective December 1, 2000.
 Information defined. – An information is an accusation
RULE 110 in writing charging a person with an offense, subscribed
PROSECUTION OF OFFENSES by the prosecutor and filed with court (Rule 110 Sec. 4).
Board: The public prosecutor (also known as the fiscal)
INSTITUTION OF CRIMINAL ACTIONS. – CRIMINAL is the proper authority to subscribe in which of the
ACTIONS SHALL BE INSTITUTED AS FOLLOWS: following?
(a) For offenses where a preliminary investigation is a. Complaint
required pursuant to section 1 of Rule 112, by filing b. Affidavit
the complaint with the proper officer for the purpose c. Information
of conducting the requisite preliminary investigation. d. Subpoena
(b) For all other offenses, by filing the complaint or
information directly with the Municipal Trial Courts Board: Who acts as the lawyer of the Government/
and Municipal Circuit Trial Courts, or the complaint State in criminal cases?
with the office of the prosecutor. In Manila and other a. Public prosecutor
chartered cities, the complaints shall be filed with b. Private prosecutor
the office of the prosecutor unless otherwise
provided in their charters (Rule 110 Sec. 1) Board: The principal law office of the Philippine
government.
INSTITUTION OF CRIMINAL ACTIONS a. OSG (Office of the Solicitor General)
1. Those that require preliminary investigation b. DOJ
(punishable by 4 years 2 months and 1 day and c. FLAG
over) d. IBP (Integrated Bar of the Philippines)
Note: File the case with City or Provincial Prosecutors for
the purpose of conducting preliminary investigation. Board: Prosecution (prosecutors) and even public
defenders are under:
2. Those which do not require preliminary investigation a. Executive
(punishable by less than 4 years, 2months and 1 b. Legislative
day) c. Judicial
Note: File the complaint or information directly with: d. None of the above
 Municipal Trial Courts
 Municipal Circuit Trial Courts; or REQUISITES OF COMPLAINT OR INFORMATION
 Office of the Prosecutor 1. It shall be in writing;
Note: But in Manila and other chartered cities, the 2. In the name of the People of the Philippines;
complaint shall be filed with the Office of the Prosecutor 3. It shall be against all persons who appear to be
unless otherwise provided in their charters. responsible for the offense committed (Rule 110.
sec. 2)
COMPLAINT
Complaint defined. – A complaint is a sworn written Board: How do you treat the people of the Philippines in
statement charging a person with an offense, a “criminal case”?
subscribed by the offended party, any peace officer, or a. Complainant
other public officer charged with the enforcement of b. Plaintiffs
the law violated. (Rule 110. Sec. 3). c. Respondent
Offended party/complainant/aggrieved party. d. Accused
e. Suspect
 COMPLAINANT – refers to the complaining party in f. Defendant
the Prosecutor’s Office.
 RESPONDENT – is the opposite of the Complainant in BOARD: It is a sworn statement which should be done in
the Prosecutor’s Office writing, made under oath before an authorized person
 PLAINTIFFS – the complainants in a criminal case or magistrate such as a prosecutor or a judge.
which is filed in court. The Plaintiffs in criminal cases a. Affidavit
are the People of the Philippines. b. Subpoena
c. Warrant
Question: What is the effect if the criminal case is not d. Mittimus
placed in the name of the People of the Philippines?
Ans: This is a minor defect. A defect in form which is DISTINCTIONS BETWEEN COMPLAINT AND
not sufficient to dismiss the criminal case but may be INFORMATION
cured at any stage of the trial by simple amendment of COMPLAINT INFORMATION
the information. As to maker: Offended party Public
Peace officer prosecutor only
Q: What is the effect if the complaint is not under oath? Other public
officer charged
Ans: The absence of oath is only a defect in form and
with
will not affect the jurisdiction of the court.
enforcement of
the law
INFORMATION As to oath: Must be sworn Need not be
 to by the sworn to.
makers WHO CAN PROSECUTE SEDUCTION, ABDUCTION AND
As to where Maybe filed Filed only in the ACTS OF LASCIVIUOSUNESS
filed: either before court  Offended party
the  Her parents
prosecutor’s  Grandparents
office or the  Guardian
court directly
 State

FORUM SHOPPING
PRIVATE CRIMES
 There is forum-shopping whenever, as a result of an
 Private crimes cannot be prosecuted de officio
adverse opinion in one forum, a party seeks a
 This means the prosecutor cannot by himself alone
favorable opinion (other than by appeal or certiorari)
prosecute these crimes unless the offended party
in another (villanueva vs. adre, 172 SCRA 176.
himself or herself in adultery or concubinage has
 Forum shopping is defined as an act of a party,
done so.
against whom an adverse judgment or order has
been rendered in one forum, of seeking and possibly
Q: In adultery or concubinage, the government cannot
getting a favorable opinion in another forum, other
file the case unless the offended husband or wife files
than by appeal or special civil action for certiorari.
the case. Why is this so?
 It is prohibited because it trifles with and abuses
A: This is because the offended husband or wife may
court processes, degrades the administration of
rather choose to suffer the outrage in silence rather
justice, and congests court dockets.
than be scandalized by the public revelation of the
 A willful and deliberate violation of the rule against
infidelity of his or her spouse.
forum shopping is a ground for summary dismissal of
the case, and may also constitute direct contempt
 The case of PILAPIL vs. IBAY SOMERA
(Orpiano vs.Tomas, january 14, 2013).
 Here the husband is no longer the husband when he
filed adultery against the wife. The case was
CERTIFICATE OF NON-FORUM SHOPPING DEFINED
dismissed.
It is a certification in a pleading that a party has not
commenced any other action or filed any claim,
The offended party, even if a minor, has the right to
involving the same issues, in any other court, tribunal or
initiate the prosecution of the offenses of seduction,
quasi-judicial agency.
abduction and acts of lasciviousness independently of
her parents, grandparents, or guardian, unless she is
WHO PROSECUTES CRIMINAL ACTION
incompetent or incapable of doing so. Where the
 All criminal actions commenced by a complaint or
offended party, who is a minor, fails to file the
information shall be prosecuted under the direction
complaint, her parents, grandparents, or guardian may
and control of the prosecutor.
file the same. The right to file the action granted to
 In case of heavy work schedule of the public
parents, grandparents, or guardian shall be exclusive of
prosecutor or in the event of lack of public
all other persons and shall be exercised successively in
prosecutors, the private prosecutors may be
the order herein provided, except as stated in the
authorized in writing by the Chief of the Prosecution
preceding paragraph.
Office or the Regional State Prosecutor to prosecute
the case subject to the approval of the court.
Question: Why is prosecution placed under the authority
 Once so authorized to prosecute the criminal action,
of a public prosecutor?
the private prosecutor shall continue to prosecute
Ans: To prevent malicious or unfounded prosecutions
the case up to the end of trial even in the absence of
by private persons.
the public prosecutor, unless the authority is
revoked or withdrawn.
WHAT IS THE PRIME DUTY OF A PUBLIC PROSECUTOR
 However, in Municipal Trial Courts or Municipal
 Contrary to popular belief, the prime duty of a public
Circuit Trial Courts when the prosecutor assigned
prosecutor is not to convict the accused but see to it
thereto or to the case is not available, the offended
that justice is done.
party, any peace officer, or public officer charged
 They have the duty to prosecute offenders, but they
with the enforcement of the law violated may
also have the equal duty not to prosecute when the
prosecute the case. This authority shall cease upon
evidence is not sufficient to establish at least a prima
actual intervention of the prosecutor or upon
facie case.
elevation of the case to the Regional Trial Court.
 The crimes of adultery and concubinage shall not be
BOARD: All of the following (private crimes) are
prosecuted except upon a complaint filed by the
prosecuted only after a complaint filed by the offended
offended spouse.
party, the parents, or grandparents, EXCEPT:
 The offended party cannot institute criminal
a. Abduction
prosecution without including both the guilty parties,
b. Seduction
if both are alive, nor in any case, if the offended
c. Acts of lasciviousness
party has consented to the offense or pardoned the
d. Rape
offenders.
BOARD: Who represents the People of the Philippines in  If the true name of the accused is thereafter
trial courts in criminal cases? disclosed by him or appears in some other manner
a. Public Prosecutor to the court, such true name shall be inserted in the
b. Solicitor General complaint or information and record (Rule 110
c. Ombudsman Sec.7)
d. Private Prosecutor
Q: if the name of the accused was stated incorrectly in
BOARD: Who represents the People of the Philippines in the information, when must he challenge the incorrect
criminal cases on appeal to the Court of Appeals or name?
Supreme Court? A: Before arraignment, otherwise the ground to object
a. Public Prosecutor to it is considered waived (normally he can file a
b. Solicitor General motion to quash based on lack of jurisdiction over his
c. Ombudsman person)
d. Private Prosecutor
DESIGNATION OF THE OFFENSE
BOARD: The prosecution of all criminal actions  The complaint or information shall:
commenced by a complaint or information shall be  state the designation of the offense given by the
under the direct control and supervision of: statute,
a. Public prosecutor  aver the acts or omissions constituting the offense,
b. Private prosecutor and
c. Judge  specify its qualifying and aggravating circumstances.
d. Complainant  If there is no designation of the offense, reference
shall be made to the section or subsection of the
GENERAL RULE: The filing of information is discretionary statute punishing it (Rule 110. Sec. 8)
to the public prosecutor.
HOWEVER: If he does not file a case despite of existence Q: Which is controlling when there is conflict between
of probable cause, the filing may be done by the the designation of the offense and the body of the
offended party: information?
a. File a Motion for Reconsideration with the Office of A: The body of the information is controlling (should
the Prosecutor (Within 15 days) prevail) over the erroneous designation or caption.
b. File a Petition for Review with the DOJ (Within 15
days) WHAT WILL HAPPEN IF THE FISCAL FORGOT TO
c. File administrative charges against the prosecutor. INCLUDE AND STATE IN THE INFORMATION THE
d. File a case of violation of Article 208 of the RPC. AGGRAVATING OR QUALIFYING CIRCUMSTANCES OF A
e. File civil case for damages against the prosecutor CERTAIN CRIME?
under Article 27 of the Civil Code of the Philippines.
 The aggravating or qualifying circumstances cannot
AFFIDAVIT OF DESISTANCE, DEFINED be considered by the court to raise the penalty if
An affidavit of desistance is a manifestation by the they were not specifically alleged in the information.
complainant that he is ceasing or discontinuing to (However, for purposes of fixing the civil liability of
proceed or act in an action. the accused they may still be considered).
 Reason: The accused has the right to be informed of
SUFFICIENCY OF COMPLAINT/INFORMATION the nature and cause of accusation against him.
 A complaint or information is sufficient if:
 it states the name of the accused; Q: What is the effect of generic aggravating
 the designation of the offense given by the statute; circumstance?
 the acts or omissions complained of as A: It will increase the penalty for the crime committed
constituting the offense; in its maximum period.
 the name of the offended party;
 the approximate date of the commission of the Q: What is the effect of qualifying aggravating
offense; and circumstance?
 the place where the offense was committed. When A: It changes the nature of the crime or increase the
an offense is committed by more than one person all crime to the next higher level.
of them shall be included in the complaint or
information (Rule 110 Sec.6). CAUSE OF ACCUSATION
 The acts or omissions complained of as constituting
NAME OF ACCUSED the offense and the qualifying and aggravating
 The complaint or information must: circumstances must be stated in ordinary and
 state the name and surname of the accused or concise language
 any appellation or nickname by which he has been or  They need not be necessarily in the language used in
is known. the statute but in terms sufficient to enable a person
 If his name cannot be ascertained, he must be of common understanding to know what offense is
described under a fictitious name with a statement being charged as well as its qualifying and
that his true name is unknown.
 aggravating circumstance and for the court to
pronounce judgment (Rule 110. Sec.9)
Q: What is the purpose of this rule?
A: So that the accused may easily know what crime is
charged against him, because under the Constitution,
he has the right to be informed of the nature and
cause of accusation against him.
Q: IN A CASE OF LIBEL, HOW SHOULD THE LIBELOUS
STATEMENT BE ALLEGED IN THE INFORMATION?
A: In libel cases, the information must set out the
defamatory words verbatim and as published. Stating
them in the own words of the complainant or fiscal or
in substance is not sufficient.
PLACE OF THE COMMISSION OF THE OFFENSE
The complaint or information is sufficient if it can be
understood from its allegations that the offense was
committed or some of its essential ingredients occurred
at some place within the jurisdiction of the court, unless
the particular place where it was committed constitutes
an essential element of the offense charged (Rule 110
Sec. 10).
DATE OF THE COMMISSION OF THE OFFENSE
It is not necessary to state in the complaint or
information the precise date the offense was
committed. EXCEPT: When date is a material ingredient
of the offense it must be stated precisely or the offense
may be alleged to have been committed on a date as
near as possible to the actual date of its commission
(Rule 110. Sec. 11)
NAME OF THE OFFENDED PARTY
 The complaint or information must state the name
and surname of the person
 against whom or against whose property the offense
was committed,
 or any appellation or nickname by which such person
has been or is known.
 If there is no better way of identifying him, he must
be described under a fictitious name.
 In offenses against property, if the name of the
offended party is unknown, the property must be
described with such particularity as to properly
identify the offense charged.
 If the true name of the person against whom or
against whose property the offense was committed
is thereafter disclosed or ascertained, the court must
cause such true name to be inserted in the complaint
or information and the record.
 If the offended party is a juridical person, it is
sufficient to state its name, or any name or
designation by which it is known or by which it may
be identified, without need of averring that it is a
juridical person or that it is organized in accordance
with law (Rule 110 Sec. 12).
DUPLICITY OF OFFENSE
A complaint or information must charge only one
offense, except when the law prescribes a single
punishment for various offenses (Rule 110. Sec. 13).
DUPLICITOUS INFORMATION, DEFINED
 By duplicity of charges is meant a single complaint or
information that charges more than one offense.
 Otherwise stated, there is duplicity (or multiplicity)
of charges when a single Information charges more
than one offense (Soriano vs. People, June 30, 2009).
 File a motion to quash before arraignment.
Q: What should the accused do if the information
against him is a duplicitous information?
A: He should file a motion to quash immediately
(before arraignment).
EFFECT IF THE ACCUSED DID NOT OBJECT TO
DUPLICITOUS INFORMATION
 When an accused fails to file a motion to quash, he is
thus, deemed to have waived the defect in the
Information, for being duplicitous
 An accused, who fails to object prior to arraignment
to a duplicitous information, may be found guilty of
any or all of the crimes alleged therein and duly
proven during the trial
AMENDMENT OF COMPLAINT OR INFORMATION
 A complaint or information may be amended, in
form or in substance, without leave of court, at any
time before the accused enters his plea.
 After the plea and during the trial, a formal
amendment may only be made with leave of court
and when it can be done without causing prejudice
to the rights of the accused.
 However, any amendment before plea (before
arraignment), which downgrades the nature of the
offense charged in or excludes any accused from the
complaint or information, can be made only:
a. upon motion by the prosecutor,
b. with notice to the offended party and
c. with leave of court. (Rule 110 Section 14)
SUBSTITUTION OF COMPLAINT/INFORMATION
If it appears at any time before judgment that a mistake
has been made in charging the proper offense, the court
shall dismiss the original complaint or information upon
the filing of a new one charging the proper offense in
accordance with section 19, Rule 119, provided the
accused shall not be placed in double jeopardy. The
court may require the witnesses to give bail for their
appearance at the trial (Rule 110 Sec. 14).
DISTINCTIONS BETWEEN AMENDMENT AND
SUBSTITUTION
AMENDMENT SUBSTITUTION
Involves formal or Substantial amendments
substantial amendments only
Before the accused Requires leave of court
pleads formal or
substantial amendments
may be made without
leave of court
Formal amendment no Requires another
need for another preliminary investigation
preliminary investigation
 Amendment refers to New information refers A: For the convenience of both the complainant and
same offense or includes to different offense the accused. It would cause them inconvenience to
or necessarily included in look for their witnesses and pieces of evidence
the original offense or somewhere else.
attempt or frustrated Intervention of the offended party in criminal action. —
stage Where the civil action for recovery of civil liability is
instituted in the criminal action pursuant to Rule 111,
LEAVE OF COURT the offended party may intervene by counsel in the
 Meaning: “Permission of the Court”. prosecution of the offense. (Rule 110 Sec. 16)
 This is where a private prosecutor may appear for
PLACE WHERE ACTION IS INSTITUTED
the complainant.
 The criminal action shall be instituted and tried in
 But he is subject to supervision by public prosecutor
the court of the municipality or territory where the
 The role of private prosecutor is to represent the
offense was committed OR
victim with respect to recovery of civil liability
 where any of its essential ingredients occurred.
 Where an offense is committed in a train, aircraft, or
Q: When can the offended party intervene in a criminal
other public or private vehicle in the course of its
case?
trip, the criminal action shall be instituted and tried
A: When the offended party has instituted the civil
in the following:
action for the recovery of civil liability in the criminal
1. the court of any municipality or territory where
action, then he may intervene.
such train, aircraft, or other vehicle passed during
its trip,
Q: When can the offended party be prohibited to
2. including the place of its departure and arrival.
intervene in the criminal action?
Answers:
Where an offense is committed on board a vessel in the
 When the offended party waives the civil action
course of its voyage, the criminal action shall be
 When the offended party reserves the right to
instituted and tried in:
institute the civil action in a separate case;
 the court of the first port of entry OR
 When the offended party has filed the civil action
 of any municipality or territory where the vessel
separately from the criminal action.
passed during such voyage, subject to the generally
accepted principles of international law.
PLEADINGS - THE WRITTEN ALLEGATIONS OF THE
 Crimes committed outside the Philippines but PARTIES
punishable under Article 2 of the Revised Penal
Code shall be cognizable by the court where the RULE 111
criminal action is first filed. PROSECUTION OF CIVIL ACTIONS

TRANSITORY CRIME (CONTINUING OFFENSE), DEFINED INSTITUTION OF CRIMINAL AND CIVIL ACTIONS
It is a crime in which some acts material and essential GENERAL RULE: When a criminal action is instituted, the
thereto occur in one province and some in another. In civil action for the recovery of civil liability arising from
such case, the court of either province where any of the the offense charged shall be deemed instituted with the
essential ingredients of the offense took place has criminal action. UNLESS: (EXCEPTIONS)
jurisdiction to try the case. Examples: abduction, estafa
 the offended party waives the civil action,
and malversation, and rebellion and evasion of service
 reserves the right to institute it separately OR
of sentence. (Parulan vs. Director of Prisons 22 SCRA
 institutes the civil action prior to the criminal action
640 cited in Moreno Philippine Law Dictionary, page
(Rule 111. Sec. 1).
961).
Q: When do you reserve to institute the separate civil
CONTINUOUS CRIME
action?
 A single crime consisting of a series of acts but all
A: The reservation of the right to institute separately
arising from one criminal resolution.
the civil action shall be made before the prosecution
 A continuous, unlawful act or series of acts set on
starts presenting its evidence (Rule 111 Section 1, 2nd
foot by a single impulse and operated by
paragraph).
unintermittent force, however long time it may
occupy (cited in Federico Moreno, Philippine Law
Q: Why is reservation required?
Dictionary page 204).
A: To prevent the victim from recovering damages
twice from the same act or omission of the accused.
Q: What is the effect if a criminal case is brought in the
wrong venue?
(b) The criminal action for violation of Batas Pambansa
A: The court has no jurisdiction, and the case will be
Blg. 22 shall be deemed to include the corresponding
dismissed therein.
civil action. No reservation to file such civil action
separately shall be allowed.
Q: What is the purpose of fixing the venue in criminal
Upon filing of the aforesaid joint criminal and civil
cases?
actions, the offended party shall pay in full the filing
fees based on the amount of the check involved, which
shall be considered as the actual damages claimed.
Where the complaint or information also seeks to
recover liquidated, moral, nominal, temperate or
exemplary damages, the offended party shall pay
additional filing fees based on the amounts alleged
therein. If the amounts are not so alleged but any of
these damages are subsequently awarded by the court,
the filing fees based on the amount awarded shall
constitute a first lien on the judgment (7 and 8 pars.)
REASON FOR PAYMENT OF FILING FEE IN BP 22 BASED
ON ACTUAL DAMAGES
 To discourage creditors from using the courts as
collectors of debts.
 Where the civil action has been filed separately and
trial thereof has not yet commenced, it may be
consolidated with the criminal action upon
application with the court trying the latter case (last
par).
RULE ON CONSOLIDATION
Q: What is the rule on consolidation?
A: The rule on consolidation states that when the civil
action has been filed separately by the victim, but its
trial has not yet commenced, then it may be
consolidated with the criminal action with the court
trying the criminal case.
Q: What is the purpose of consolidation?
A: To avoid multiplicity of suits and to simplify the
work of the courts and to clear the dockets of the
court.
Q: What happens to the separate civil action when a
criminal action has been commenced?
A: After the criminal action has been commenced, the
separate civil action arising therefrom cannot be
instituted until final judgment has been entered in the
criminal action (Rule 111 Section 2).
WHEN SEPARATE CIVIL ACTION SUSPENDED
 If the criminal action is filed after the said civil action
has already been instituted, the latter (meaning the
civil action) shall be suspended in whatever state it
may be found before judgment on the merits.
 The suspension shall last until final judgment is
rendered in the criminal action.
 Nevertheless, before judgment on the merits
rendered in the civil action, the same may, upon
motion of the offended party, be consolidated with
the criminal action in the court trying the criminal
action.
 In case of consolidation, the evidence already
adduced in the civil action shall be deemed
automatically reproduced in the criminal action
without prejudice to the right of the prosecution to
cross- examine the witness presented by the
offended party in the criminal case and of the parties
to present additional evidence. The consolidated
criminal and civil actions shall be tried and decided
jointly (Rule 111 Section 2, 1st to 2nd pars).
DOCTRINE OF PRIMACY OF CRIMINAL ACTIONS
Q: Why are criminal cases given priority over civil cases?
A: The criminal case is given priority because it
involves the liberty and sometimes even the life of the
accused.
WHAT ARE THE INDEPENDENT CIVIL ACTIONS?
1. Violation of certain rights and liberties of a person
committed by a public officer or employee or a
private individual such as freedom of religion, speech
press, arbitrary detention, deprivation of property
without due process, just compensation, privacy of
communication, peaceable assembly, excessive bail
etc. (32 Civil Code)
2. Defamation, fraud and physical injury cases. (33)
3. Member of police forces who fails or refuses to
render aid or protection to any person in case of
danger to life or property (34)
4. Act or omission causing damage to another there
being fault or negligence and there is no pre-existing
contractual relation between the parties. (This is
known as: Quasi Delict) (2176)
WHAT IS THE EFFECT OF AN INDEPENDENT CIVIL
ACTIONS?
A: It shall proceed independently of the criminal
action.
WHAT IS THE QUANTUM OF PROOF REQUIRED TO
PROVE INDEPENDENT CIVIL ACTIONS?
A: Only preponderance of evidence is required.
WHAT IS THE LIMITATION ON RECOVERY?
A: The offended party cannot recover damages twice
for the same act or omission of the accused.
WHAT IS THE EFFECT OF DEATH OF THE ACCUSED ON
THE CIVIL ACTIONS?
1. If he dies before arraignment- the case shall be
dismissed (but the victim may still file any civil action
against the estate of the deceased)
2. If he dies after arraignment- the civil liability arising
from the delict is extinguished (Rule 111. Section 4).
If he dies during the pendency of appeal, the civil
liability arising from the delict is extinguished
Q: What is the effect in the criminal action of any
decision of the court on the civil action?
A: A final judgment rendered in a civil action absolving
the defendant from civil liability is not a bar to a
criminal action against the defendant for the same act
or omission subject of the civil action (Rule 111 Sec.5)
WHAT IS A PREJUDIAL QUESTION?
It is one which arises in a case, the resolution of which is
a logical antecedent of the issue involved therein and
the cognizance of which pertains to another tribunal
WHERE DO YOU FILE A PETITION FOR SUSPENSION OF
CRIMINAL CASE BECAUSE OF A CERTAIN PREJUDICIAL
QUESTION?
1. Office of the Prosecutor; or
2. Court conducting the preliminary investigation. But if
the case is already filed in court, it must be filed in
the court trying the criminal case before the
prosecution rests (Rule 11. Sec.6).
REASON FOR SUSPENDING CRIMINAL CASES BECAUSE
OF PREJUDICIAL QUESTIONS
To avoid conflicting or absurd decisions between two
courts.
WHAT ARE THE ELEMENTS OF PREJUDICIAL
QUESTIONS?
(a) the previously instituted civil action involves an issue
similar or intimately related to the issue raised in the
subsequent criminal action, and
(b) the resolution of such issue determines whether or
not the criminal action may proceed (Rule 111
Sec.7).
RULE 112
PRELIMINARY INVESTIGATION
Preliminary investigation is an inquiry or proceeding to
determine whether there is sufficient ground to
engender a well-founded belief that a crime has been
committed and the respondent is probably guilty
thereof, and should be held for trial (Rule 112 Sec.1)
Probable cause is the quantum of proof required for P.I.
NATURE OF PRELIMINARY INVESTIGATION
 Not part of trial
 Maybe conducted ex parte
 Part of due process
 It is an executive function
 May be done even if the complainant and
respondent are not represented by lawyers
WHEN IS IT REQUIRED TO CONDUCT PRELIMINARY
INVESTIGATION?
A preliminary investigation is required to be conducted
before the filing of a compliant or information for an
offense where the penalty prescribed by law is at least
four (4) years, two (2) months and one (1) day without
regard to the fine.
EFFECT OF ABSENCE OF PRELIMINARY INVESTIGATION
 Absence of P.I. does not make the information
defective.
 Its absence does not affect the jurisdiction of the
court.
WHAT SHOULD THE COURT DO IF THERE WAS NO
PRELIMINARY INVESTIGATION CONDUCTED BY THE
FISCAL?
 The judge should not dismiss the case.
 He should order the fiscal to conduct a preliminary
investigation.
 Meanwhile, the case is held in abeyance.
WHEN MUST THE ACCUSED ARGUE THAT THERE WAS
NO PRELIMINARY INVESTIGATION CONDUCTED?
Before entering his plea. If he does not do it, the right to
a preliminary investigation is deemed waived by him.
Q: Can the respondent be compelled to appear in a
preliminary investigation?
A: No since it is a personal rightand therefore may be
waived.
WHO ARE THE OFFICERS WHO ARE AUTHORIZED TO
CONDUCT PRELIMINARY INVESTIGATION?
(a) Provincial or City Prosecutors and their assistants;
(b) National and Regional State Prosecutors; and
(c) Other officers as may be authorized by law.
Note: Under AM No. 05-8-06, judges Municipal Trial
Courts and Municipal Circuit Trial Courts are no longer
allowed to conduct preliminary investigation
PROCEDURE IN P.I.
 The complaint shall state the address of the
respondent and shall be accompanied by the
affidavits of the complainant and his witnesses, as
well as other supporting documents to establish
probable cause.
 They shall be in such number of copies as there are
respondents, plus two (2) copies for the official file.
 The affidavits shall be subscribed and sworn to
before any prosecutor or government official
authorized to administer oath, or, in their absence or
unavailability, before a notary public (Rule 112 Sec.
3).
 Within ten (10) days after the filing of the complaint,
the investigating officer shall either dismiss it if he
finds no ground to continue with the investigation or
issue a subpoena to the respondent attaching to it a
copy of the complaint and its supporting affidavits
and documents (ibid).
 Within ten (10) days from receipt of the subpoena
with the complaint and supporting affidavits and
documents, the respondent shall submit his counter-
affidavit and that of his witnesses and other
supporting documents relied upon for his defense.
 The counter-affidavits shall be subscribed and sworn
to and certified as provided in paragraph (a) of this
section, with copies thereof furnished by him to the
complainant.
 The respondent shall not be allowed to file a motion
to dismiss in lieu of a counter-affidavit.
BOARD: In a preliminary investigation the respondent is
prohibited to file this:
a. Counter Affidavit
b. Affidavit of his witnesses
c. Supporting documents and annexes and exhibits
d. Motion to dismiss
 If the respondent cannot be subpoenaed, or if
subpoenaed, does not submit counter-affidavits
within the ten (10) day period, the investigating
office shall resolve the complaint based on the
evidence presented by the complainant
Q: When can preliminary investigation be conducted ex
parte?
A: If the respondent can not be subpoenaed or does
not
appear before the Fiscal’s Office when required to
appear.
 The investigating officer may set a hearing if there
are facts and issues to be clarified from a party or a
witness.
 The parties can be present at the hearing but
without the right to examine or cross-examine. They
may, however, submit to the investigating officer
questions which may be asked to the party or
witness concerned.
 The hearing shall be held within ten (10) days from
submission of the counter-affidavits and other
documents or from the expiration of the period for
their submission. It shall be terminated within five
(5) days
BOARD: How many days is given to the Prosecutor to
issue subpoena to the respondent?
a. Ten days
b. Fifteen days
c. Five days
d. Thirty days
 If fiscal believes there is probable cause, he shall
make the resolution and information.
 He shall forward his resolution (within 5 days) to the
Provincial or City Prosecutor or Chief State
Prosecutor, or the Ombudsman for their review of
his resolution.
 No complaint or information may be filed or
dismissed by an investigating prosecutor without the
prior written authority or approval of the Provincial
or City Prosecutor or Chief State Prosecutor or the
Ombudsman or his Deputy (Rule 112. Sec. 4).
Q: What is the effect if there was no preliminary
investigation by the fiscal?
A: The judge will order the fiscal to conduct one.
Q: What is the effect of long delay in preliminary
investigation?
A: The case may be dismissed for violation of speedy
trial and due process clause.
 Resolution of investigating prosecutor and its review.
– If the investigating prosecutor finds cause to hold
the respondent for trial, he shall prepare the
resolution and information. He shall certify under
oath in the information that he, or as shown by the
record, an authorized officer, has personally
examined the complainant and his witnesses; that
there is reasonable ground to believe that a crime
has been committed and that the accused is
probably guilty thereof; that the accused was
informed of the complaint and of the evidence
submitted against him; and that he was given an
opportunity to submit controverting evidence.
Otherwise, he shall recommend the dismissal of the
complaint (Rule 112. Section 4).
 Within five (5) days from his resolution, he shall
forward the record of the case to the Provincial or
City Prosecutor or Chief State Prosecutor, or to the
Ombudsman or his Deputy in cases of offenses
cognizable by the Sandiganbayan in the exercise of
its original jurisdiction. They shall act on the
resolution within ten (10) days from their receipt
thereof and shall immediately inform the parties of
such action. No complaint or information may be
filed or dismissed by an investigating prosecutor
without the prior written authority or approval of
the provincial or city prosecutor or Chief State
Prosecutor or the Ombudsman or his Deputy (Rule
112. Sec.4)
 Where the investigating prosecutor recommends the
dismissal of the complaint but his recommendation
is disapproved by the Provincial or City Prosecutor or
Chief State Prosecutor or the Ombudsman or his
Deputy on the ground that a probable cause exists,
the latter may, by himself, file the information
against the respondent, or direct another Assistant
Prosecutor or State Prosecutor to do so without
conducting another preliminary investigation (Rule
112 Sec. 4).
 If upon petition by a proper party under such rules
as the Department of Justice may prescribe or motu
propio, the Secretary of Justice reverses or modifies
the resolution of the Provincial or City Prosecutor or
Chief State Prosecutor, he shall direct the prosecutor
concerned either to file the corresponding
information without conducting another preliminary
investigation, or to dismiss or move for dismissal of
the complaint or information with notice to the
parties. The same rule shall apply in preliminary
investigations conducted by the officers of the Office
of the Ombudsman (Rule 112 Sec. 4).
RULE ON APPEAL TO SECRETARY OF JUSTICE
1.The appeal shall be made within 15 days from receipt
of the resolution of the fiscal, (or 15 days if a motion for
reconsideration or reinvestigation if one has been filed).
BOARD: Public prosecutors (also known as fiscals are
under the control of which of the following
governmental agencies?
a. Supreme Court
b. DILG
c. DOJ
d. OSG
WHAT HAPPENS WHEN THE FISCAL WANTS TO
DISMISS THE CASE BUT THE HIGHER PROSECUTOR
INSISTS THAT HE SHOULD?
He cannot be allowed to refuse to prosecute the case.
At least what he can do is to continue appearing for the
prosecution and turn over the presentation of evidence
to another fiscal or private prosecutor. If no one is
available, he should proceed to discharge his duties and
let the court decide
ISSUANCE OF WARRANT OF ARREST
If the judge upon receipt of the information is satisfied
that a probable cause exists then he shall issue a
warrant of arrest or a commitment order if the accused
is already arrested. If he thinks there is no probable
cause he may immediately dismiss the case.
Judicial determination of probable cause
WHEN IS THE ISSUANCE OF WARRANT OF ARREST NOT
NECESSARY?
 If the accused is already under detention, pursuant
to a warrant
 If the accused is already lawfully arrested without a
warrant.
 The offense is punishable by a fine only (Rule 112.
sec. 5).
PROCEDURE WHEN THE ACUSED IS LAWFULLY
ARRESTED WITHOUT A WARRANT
 When a person is lawfully arrested without a
warrant involving an offense which requires
preliminary investigation, the complaint or
information may be filed by the prosecutor without
need of such preliminary investigation as long as an
INQUEST has been conducted.
 Before the complaint or information is filed, the
person arrested may ask for a preliminary
investigation, but he must sign a WAIVER OF
ARTICLE 125 OF THE RPC, in the presence of counsel.
 Notwithstanding the waiver, he may apply for bail
and the investigation must be terminated within 15
days from its inception (ibid).
 After the filing of the complaint or information in
court without a preliminary investigation, the
accused may, within 5 days from the time he learns
of its filing, ask for a preliminary investigation (ibid).
 The record of the preliminary investigation shall not
form part of the records of the case.
 However, the court on its own initiative, or on
motion, may order the production of the record
when necessary in the resolution of the case or any
incident therein, or when it is to be introduced as an
evidence by the requesting party.
CASES NOT REQUIRING P.I. NOR COVERED BY
SUMMARY PROCEDURE
 If filed with fiscal – The prosecutor shall act on the
complaint based on the affidavits and other
supporting documents submitted by the complainant
within ten days from its filing.
 If filed with Municipal Trial Court – If within ten days
from filing of the complaint or information, the judge
finds no probable cause, he shall dismiss the case.
When there is probable cause, he shall issue a
warrant of arrest, or a commitment order (if the
accused had already been arrested). If the judge
thinks that there is no need for placing the accused
in custody, he may only issue summons, instead of a
warrant of arrest.
WHAT IS INQUEST?
It is an informal and summary investigation conducted
by a public prosecutor in criminal cases involving
persons arrested and detained without the benefit of a
warrant of arrest issued by the court for the purpose of
determining whether or not said persons should remain
under custody and correspondingly be charged in court
(New Rules on Inquest, DOJ Circular No.6).
START OF INQUEST
Inquest is started from the moment the inquest officer
received from the law enforcer the complaint/referral
documents which should include:
a. Affidavit of arrest;
b. Investigation report;
c. Statement of complainant and witnesses.
d. Other supporting evidence gathered by the police.
DUTY OF THE INQUEST OFFICER
 He must determine if the arrest of the detained
person is made in accordance with Rule 113 Section
5 RRC.
 Should the inquest officer find that the arrest was
not made in accordance with the law he shall
recommend the release of the person arrested or
detained.
 If the arrest was properly made, the inquest officer
shall ask the detained person if he desires a
preliminary investigation, and if he does, he must
execute a waiver of Article 125 of the RPC with the
assistance of a lawyer, or in his absence, any
responsible person of his own choice. The
Preliminary Investigation may be conducted by the
inquest officer himself or any assistant prosecutor to
be assigned by the City or Provincial Prosecutor. The
P.I. must be finished in 15 days.
 If the detained person does not want preliminary
investigation or refuses to execute the waiver, the
inquest officer shall proceed with the inquest by
examining the sworn statements and affidavits of the
complainants and other supporting documents. His
objective is to determine whether there is probable
cause.
PROBABLE CAUSE
Probable cause exists when the evidence submitted to
the inquest officer engenders a well founded belief that
a crime has been committed and that the arrested or
detained person is probably guilty thereof. If there is
probable cause, he shall prepare the corresponding
information.
PRESENCE AT CRIME SCENE
Whenever a dead body is found and there is reason to
believe that there is foul play, the Inquest Officer shall:
e. Proceed to the crime scene or dead body;
f. Cause an immediate autopsy;
g. Cause the taking of photographs;
h. Supervise the investigation and see to it that the
chain of custody is safeguarded.
RECOVERED ARTICLES
The inquest officers shall see to it that all recovered
articles are inventoried and accounted for with the
issuance of receipts by the police.
The articles must be properly deposited with the police
evidence custodian and not with the police investigator.
PRESENCE OF DETAINED PERSONS
The presence ofthe detained person shall be ensured
during the inquest proceedings.
EXCEPTIONS:
1. He is confined in a hospital;
2. He is detained in maximum security;
3. His production will involve security risks;
4. His personal appearance is not possible because of
some age, health, sex and other similar factors.
WHAT HAPPENS IF A CASE IS FILED IN COURT
WITHOUT CONDUCTING PRELIMINARY
INVESTIGATION?
Ans: After the filing of the complaint or information in
court without a preliminary investigation, the accused
may, within five (5) days from the time he learns of its
filing, ask for a preliminary investigation with the
same right to adduce evidence in his defense.
SUMMONS
Summons are issued if the judge is satisfied that there is
no necessity of placing the accused under arrest or
custody, this is in lieu of a warrant of arrest.
RULE 113
ARREST
Arrest - is the taking of a person into custody in order
that he may be bound to answer for the commission of
an offense (Rule 113. Sec. 1)
DIPLOMATIC AND PARLIAMENTARY IMMUNITY
 Diplomatic Immunity defined- a principle in
international law which exempts diplomatic
representatives from the criminal and civil
jurisdiction of foreign courts.
 Parliamentary Immunity defined- under this
doctrine, a Senator or a Member of the House of
Representatives, shall in all offenses punishable by
not more than 6 years imprisonment be privileged
from arrest while Congress is in session.
JOHN DOE WARRANT OF ARREST
A John Doe warrant of arrest is void unless there is a
descriptio personae. The same is true with blank
warrant of arrest without any name or description of
the person to be arrested.
ARREST; HOW MADE
An arrest is made by an actual restraint of a person to
be arrested, or by his submission to the custody of the
person making the arrest (Rule 113.sec. 2).
No violence or unnecessary force shall be used in
making an arrest (ibid).
DUTY OF ARRESTING OFFICER
It shall be the duty of the officer executing the warrant
to arrest the accused and deliver him to the nearest
police station or jail without unnecessary delay (Rule
113.sec. 3).
EXECUTION OF WARRANT OF ARREST
The head of the office to whom the warrant of arrest
was delivered for execution shall cause the warrant to
be executed within ten (10) days from its receipt.
Within ten (10) days after the expiration of the period,
the officer to whom it was assigned for execution shall
make a report to the judge who issued the warrant. In
case of his failure to execute the warrant, he shall state
the reason therefore (Rule 113. Sec. 4)
BOARD: The warrant of arrest remains valid until:
a. It is recalled, quashed or served or lifted.
b. After the lapse of ten days from its issuance by the
judge
c. After the lapse of ten days from receipt by the officers
of the law.
d. After the lapse of the period for perfecting an appeal.
Unless specifically provided in the warrant, the same
remains enforceable until it is executed, recalled or
quashed. The ten-day period provided in Rule 113, Sec.
4 is only a directive to the officer executing the warrant
to make a return to the court (People vs Givera January
18, 2001).
WARRANTLESS ARREST
A peace officer or a private person may, without a
warrant, arrest a person:
(a) When, in his presence, the person to be arrested has
committed, is actually committing, or is attempting
to commit an offense;
(b) When an offense has just been committed and he
has probable cause to believe based on personal
knowledge of facts or circumstances that the person
to be arrested has committed it (HOT PURSUIT); and
(c) When the person to be arrested is a prisoner who
has escaped from a penal establishment or place
where he is serving final judgment or is temporarily
confined while his case is pending or has escaped
while being transferred from one confinement to
another. In cases falling under paragraphs (a) and (b)
above, the person arrested without a warrant shall
be forthwith delivered to the nearest police station
or jail and shall be proceeded against in accordance
with section 7 of Rule 112. (Rule 113.sec. 5)
REASON FOR THE LEGALITY OF WARRANTLESS ARREST
If warrantless arrest are not allowed this would leave
society to a large extent, at the mercy of the most
expert, and the most depraved criminals, facilitating
their escape in many instances (People vs. Malasugui 63
PHIL 221).
BOARD: The Latin, “in flagrante delicto” means:
a. No crime if there is no law
b. Guilty act
c. Caught in the act of doing a crime
d. None of the above
IN FLAGRANTE DELICTO ARREST
It is one made when the accused is apprehended at the
very moment he is committing or attempting to commit
or has just committed an offense in the presence of the
officer.
Q: When is the crime committed in the presence of the
officer?
A: When the officer sees the offense although at a
distance, or hears the disturbance created thereby and
proceeds at once to the scene thereof.
Q: May an arrest be made solely on reports?
A: No. “reliable information” alone, absent any overt
act indicating a crime, is not sufficient probable cause
to arrest another.
Q: Why is a rebel soldier/person subject to be arrested
anytime even though he may be just malling at the time
of the arrest?
A: Because rebellion is a continuing offense.
PERSONAL KNOWLEDGE
Means probable cause, an actual belief based on
reasonable ground of suspicion.
TIME OF ARREST
An arrest may be made on any day and at any time of
the day or night (Rule 113. Sec. 6).
BOARD: As a general rule, a warrant of arrest can be
served at:
a. Day time
b. Day time only
c. Nighttime
d. Anytime of the day or night
METHOD OF ARREST BY OFFICER IF THERE IS
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 (Rule 113. Sec. 7)
DUTY OF ARRESTING OFFICER UNDER RA 7438
 Inform the arrested person in a language understood
by him of his right to remain silent;
 Inform him of his right to have competent and
independent counsel.
 Inform him of his right to be given a counsel if he
cannot afford the services of his own counsel.
Q: Can the right to counsel be waived by the accused?
A: It cannot be waived unless the waiver is in writing
and in the presence of counsel.
METHOD OF ARREST BY OFFICER WITHOUT A
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, or
forcibly resists before the officer has opportunity to so
inform him, or when the giving of such information will
imperil the arrest ((Rule 113. Sec. 8)
CITIZEN’S ARREST
When making an arrest, a private person shall inform
the person to be arrested of the intention to arrest him
and the case of the arrest, unless the latter is either
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 arrest
has opportunity to so inform him, or when the giving of
such information will imperil the arrest (Rule 113. Sec.
9)
SUMMONING OF ASSITANCE BY (POLICE) OFFICER
An officer making a lawful arrest may orally summon as
many persons as he deems necessary to assist him in
effecting the arrest. Every person so summoned by an
officer shall assist him in effecting the arrest when he
can render such assistance without detriment to himself
(Rule 113. Sec 10).
BREAK IN DOCTRINE AND KNOCK AND ANNOUNCE
RULE
An officer, in order to make an arrest either by virtue of
a warrant, or without a warrant as provided in section 5,
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 announcing his
authority and purpose (Rule 113. Sec. 11)
NOTE: The break in doctrine applies only to public
officer.
(However, in real life a private person may be justified in
breaking in if it is done under any of the justifying
circumstances and other absolutory causes)
BREAK OUT DOCTRINE
Whenever an officer has entered the building or
enclosure in accordance with the preceding section, he
may break out therefrom when necessary to liberate
himself (Rule 113 Sec. 12).
ARREST AFTER ESCAPE OR RESCUE
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 (Rule 113 Sec. 13).
RIGHT TO VISIT
Any member of the Philippine Bar shall, at the request
of the person arrested or of another acting in his 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 night. Subject to reasonable
regulations, a relative of the person arrested can also
exercise the same right (Rule 113. Sec. 14).
BOARD: In the following cases the judge is no longer
required to issue a warrant of arrest.
a. When the information was filed pursuant to a lawful
warrantless arrest.
b. When the accused is punishable by a fine only.
c. The case is covered by the rule on summary procedure
d. All of the above.
STATUS OF “JOHN DOE WARRANT OF ARRESTS”
• It is in the nature of a general warrant and is therefore
void.
• Exception: If there is a “descriptio personae” of the
one to be arrested, then it will be valid.
REPUBLIC ACT 7438
AN ACT DEFINING CERTAIN RIGHTS OF PERSON
ARRESTED, DETAINED OR UNDER CUSTODIAL
INVESTIGATION AS WELL AS THE DUTIES OF THE
ARRESTING, DETAINING, AND INVESTIGATING
OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS
THEREOF (Approved: April 27, 1992).
ENUMERATE THE RIGHTS OF ARRESTED PERSON
UNDER RA 7438.
(a) Any person arrested detained or under custodial
investigation shall at all times be assisted by counsel.
(b) Any public officer or employee, or anyone acting
under his order or his place, who arrests, detains or
investigates any person for the commission of an
offense shall inform the latter, in a language known to
and understood by him, of his rights
1. to remain silent and
2. to have competent and independent counsel,
preferably of his own choice, who shall at all times
be allowed to confer privately with the person
arrested, detained or under custodial investigation.
3. If such person cannot afford the services of his own
counsel, he must be provided with a competent and
independent counsel by the investigating officer.
REQUISITES OF VALID WAIVER OF ARTICLE 125 RPC
Any waiver by a person arrested or detained under the
provisions of Article 125 of the Revised Penal Code, or
under custodial investigation, shall be:
1. in writing and
2. signed by such person in the presence of his counsel;
(otherwise the waiver shall be null and void and of no
effect).
RIGHT TO VISIT
Any person arrested or detained or under custodial
investigation shall be allowed visits by or conferences
with any member of his immediate family, or any
medical doctor or priest or religious minister chosen by
him or by any member of his immediate family or by his
counsel, or by any national non-governmental
organization duly accredited by the Commission on
Human Rights of by any international non-
governmental organization duly accredited by the Office
of the President. The person's "immediate family" shall
include his or her spouse, fiancé or fiancée, parent or
child, brother or sister, grandparent or grandchild, uncle
or aunt, nephew or niece, and guardian or ward.
PERSONS WHO MAY VISIT THE PERSON DETAINED
• Any medical doctor
• Priest or religious minister
• NGO accredited by CHR
• International NGO accredited by the Office of the
President and
• Immediate family member of the subject which
includes:
a. Spouse
b. Fiancé or fiancée
c. Parent or child
d. Brother or sister
e. Grandparent or grandchild
f. Uncle or aunt
g. Nephew or niece
h. Guardian or ward
CUSTODIAL INVESTIGATION
 The questioning initiated by law enforcement
authorities after a person has taken into custody or
otherwise deprived of freedom of action in any
significant way (Magtoto vs. Manguerra March 3,
1975)
 Custodial investigation shall include the practice of
issuing an invitation to a person who is investigated
in connection with an offense he is suspected to
have committed.
EFFECT OF ABSENCE OF LAWYER
• In the absence of any lawyer, no custodial
investigation shall be conducted and the suspected
person can only be detained in accordance with article
125 of the RPC
BOARD: During custodial investigation, the accused was
informed of his rights including the right to a counsel.
The accused, however, voluntarily waive his right of
counsel and went voluntarily in making an oral
videotaped extrajudicial confession in the crime of rape.
Here, the extrajudicial confession is not admissible
because:
A. The rights he waived are not waivable.
B. The waiver was not made in the presence of a lawyer.
C. The waiver was not made in writing and in addition
the waiver was not made in the presence of a lawyer.
D. All of the above.
CONTINUING QUESTION: Let us assume that there was
no irregularity in the extrajudicial confession because all
the conditions of the waiver were properly observed
except that the right to counsel was waived without a
lawyer. Here, the statement of the accused is:
a. Still not admissible because the accused must be
provided with a lawyer whether de parte or de officio.
b. Admissible already because he had already waived is
rights.
c. Admissible if even after the lapse of 24 hours no
lawyer appeared for him.
d. Still not admissible because he was not given
preliminary investigation
BOARD: This is the recitation of the rights of the accused
during custodial investigation.
a. Miranda rights/warning
b. Code of ethics
c. Omerta
d. Code of Professional Responsibility
BOARD: The illegality of an arrest must be questioned or
challenged by the accused _________, otherwise the
illegality of the arrest shall be considered waived.
a. After posting bail
b. Before entering his plea
c. During trial
d. After promulgation of judgment
BOARD: After the accused was arrested and was not
given the right to a preliminary investigation, and the
case was filed against him, how many days are given to
him to file a “motion for preliminary investigation”?
Answer: within 5 days from the time he learned
that a case has been filed against him.
RULE 114
BAIL
Bail is the security given for the release of a person in
custody of the law, furnished by him or a bondsman, to
guarantee his appearance before any court as required
under the conditions hereinafter specified. Bail may be
given in the form of corporate surety, property bond,
cash deposit, or recognizance (Rule 114. Sec. 1).
THE RIGHT TO BAIL IS APPLICABLE ONLY TO ONE WHO
IS UNDER CUSTODY OF THE LAW. Not to one who is at
large.
Q: In granting bail, the judge must conduct this first,
whether bail is a matter of right or discretion.
a. hearing
b. preliminary investigation
c. motion
d. preliminary examination
Q: In a motion for reduction of bail filed by the lawyer
for the accused, the judge must conduct this, prior to
the grant or denial of the motion to reduce bail.
a. Hearing
b. Preliminary Investigation
c. motion
d. preliminary examination
ARTICLE III SECTION 13 CONSTITUTION
The right to bail shall not be impaired even when the
privilege of the writ of habeas corpus is suspended.
JUDGES CANNOT GRANT BAIL MOTU PROPRIO
The judge cannot by himself grant bail, because a
hearing should be held first when grant of bail is
discretionary.
Q: As a general rule, all person charged with offense are
entitled to bail. There is an exception however. Which
among the following has no right to bail?
a. Military
b. public officer
c. Private individual
d. None of the above
WHAT ARE THE CONDITIONS/REQUIREMENTS OF
BAIL?
(a) The undertaking shall be effective upon approval,
and unless cancelled, shall remain in force at all
stages of the case until promulgation of the
judgment of the Regional Trial Court, irrespective of
whether the case was originally filed in or appealed
to it; (effectivity of bail)
(b) The accused shall appear before the proper court
whenever required by the court of these Rules;
(undertaking of the accused in bail)
(c) The failure of the accused to appear at the trial
without justification and despite due notice shall be
deemed a waiver of his right to be present thereat.
In such case, the trial may proceed in absentia; and
(d) The bondsman shall surrender the accused to the
court for execution of the final judgment (Rule 114.
Sec. 2).
RIGHT TO TRAVEL
The right to travel is also restricted by the granting of
bail. Thus, the court may prohibit a person released on
bail from leaving the country.
FOUR FORMS OF BAIL
1. Property bond- an undertaking constituted as a lien
on the real property given as security for the amount
of the bail.
2. Corporate surety - a bond issued by one who is
habitually engaged in the business of furnishing
bonds in civil actions or for persons arrested or
detained for prosecution.
3. Cash bail bond - cash money posted by the
defendant with a court upon condition that such
money shall be forfeited if the defendant does not
comply with the directive of the court requiring his
attendance at the criminal proceeding.
4. Recognizance - a contract between the sureties and
the state for the production of the principal at the
required time. It is an obligation of record entered
into before some court or magistrate duly authorized
to receive it, with the condition to do some
particular act, the most usual condition in criminal
cases being the appearance of the accused at the
trial.
RECOGNIZANCE IS ALLOWED ONLY IN THE
FOLLOWING:
 Violation of ordinance
 The offense is a light felony
 The offense is not punishable by more than 6
months imprisonment and or 2000PHP fine.
 When the accused has been under detention for
more than or equal to minimum imposable penalty.
 Accused applied for probation and he is not capable
of paying bail.
RA 6036
Provides that no bail is required if:
a. Offense is violation only of city or municipal
ordinances
b. Penalty is not higher than arresto mayor or
PHP2,000 fine.
NO RELEASE OR TRANSFER OF PRISONER EXCEPT
WHEN THERE IS COURT ORDER
No person under detention shall be released except
upon order of the court or when he is admitted to bail
(Rule 114. Sec. 3).
WHEN IS BAIL A MATTER OF RIGHT?
(a) before conviction by the Metropolitan Trial Court,
Municipal Trial Court, Municipal Trial Court in Cities,
or Municipal Circuit Trial Court
(b) after conviction by the Metropolitan Trial Court,
Municipal Trial Court, Municipal Trial Court in Cities,
or Municipal Circuit Trial Court
(c) before conviction by the Regional Trial Court of an
offense not punishable by death, reclusion perpetua,
or life imprisonment
(d) before conviction by the Regional Trial Court of an
offense punishable by death, reclusion perpetua, or
life imprisonment when evidence of guilt is not
strong (Rule 114 Sec. 4).
WHEN IS BAIL A MATTER OF DISCRETION?
• Upon conviction by the Regional Trial Court of an
offense not punishable by death, reclusion perpetua, or
life imprisonment (Rule 114 Sec. 5). (If the penalty
imposed by the trial court exceeds 6 years but not
exceeding 20 years and the accused is a recidivist, quasi-
recidivist habitual delinquent, reiteracion, or has
escaped, or violated the conditions of the bail, or the
accused has committed the offense while on probation
or parole or conditional pardon etc., bail shall be
denied).
OTHER REASONS FOR GRANTING BAIL
• Serious sickness; and
• Other humanitarian reasons
CAPITAL OFFENSE
It is an offense which under the law existing at the time
of its commission and of the application for admission
to bail, may be punished with death (Rule 114 Sec. 6).
CAPITAL OFFENSE OR AN OFFENSE PUNISHABLE BY
RECLUSION PERPETUA OR LIFE IMPRISONMENT, NOT
BAILABLE.
No person charged with a capital offense, or an offense
punishable by reclusion perpetua or life imprisonment,
shall be admitted to bail when evidence of guilt is
strong, regardless of the state of the criminal
prosecution (Rule 114 Sec.7).
Q: Who has the burden of proof to prove evidence of
guilt is strong?
A: Prosecution has the duty (Rule 114 Sec. 8).
Section 8. Burden of proof in bail application. — At the
hearing of an application for bail filed by a person who
is in custody for the commission of an offense
punishable by death, reclusion perpetua, or life
imprisonment, the prosecution has the burden of
showing that evidence of guilt is strong. The evidence
presented during the bail hearing shall be considered
automatically reproduced at the trial, but upon motion
of either party, the court may recall any witness for
additional examination unless the latter is dead, outside
the Philippines, or otherwise unable to testify.
SUMMARY HEARING
The hearing for application for bail shall be summary in
nature.
Summary hearing - means such brief and speedy
method of receiving the evidence of guilt.
NOTE: Under Section 13, Article III, Constitution,
excessive bail shall not be allowed.
WHICH COURT WILL BAIL BE APPLIED TO?
 Bail in the amount fixed may be filed with the court
where the case is pending, or in the absence or
unavailability of the judge thereof, with any Regional
Trial Court Judge, Metropolitan Trial Court Judge,
Municipal Trial Court Judge, or Municipal Circuit Trial
Court Judge in the province, city or municipality.
 If the accused is arrested in a province, city, or
municipality other than where the case is pending,
bail may also be filed with any Regional Trial Court of
said place, of if no judge thereof is available, with
any Metropolitan Trial Court Judge, Municipal Trial
Court Judge, or Municipal Circuit Trial Court Judge
therein.
 Where the grant of bail is a matter of discretion, or
the accused seeks to be released on recognizance,
the application may only be filed in the court where
the case is pending, whether on preliminary
investigation, trial, or appeal.
 Any person in custody who is not yet charged in
court may apply for bail with any court in the
province, city, or municipality where he is held (Rule
114. Sec. 17)
Section 18. Notice of application to prosecutor. — In
the application for bail under section 8 of this Rule, the
court must give reasonable notice of the hearing to the
prosecutor or require him to submit his
recommendation.
Section 19. Release on bail. — The accused must be
discharged upon approval of the bail by the judge with
whom it was filed in accordance with section 17 of this
Rule. Whenever bail is filed with a court other than
where the case is pending, the judge who accepted the
bail shall forward it, together with the order of release
and other supporting papers, to the court where the
case is pending, which may, for good reason, require a
different one to be filed.
Section 20. Increase or reduction of bail. — After the
accused is admitted to bail, the court may, upon good
cause, either increase or reduce its amount. When
increased, the accused may be committed to custody if
he does not give bail in the increased amount within a
reasonable period. An accused held to answer a criminal
charge, who is released without bail upon filing of the
complaint or information, may, at any subsequent stage
of the proceedings and whenever a strong showing of
guilt appears to the court, be required to give bail in the
amount fixed, or in lieu thereof, committed to custody.
WHEN IS BAIL FORFEITED?
If the accused fails to appear in person as required by
the court (Rule 114. Sec. 21).
Section 21. Forfeiture of bond. — When the presence
of the accused is required by the court or these Rules,
his bondsmen shall be notified to produce him before
the court on a given date and time. If the accused fails
to appear in person as required, his bail shall be
declared forfeited and the bondsmen are given thirty
(30) days within which to produce their principal and to
show cause why no judgment should be rendered
against them for the amount of their bail. Within the
said period, the bondsmen must:
(a) produce the body of their principal or give the
reason for his non-production; and
(b) explain why the accused did not appear before the
court when first required to do so.
(a) Failing in these two requisites, a judgment shall be
rendered against the bondsmen, jointly and
severally, for the amount of the bail. The court shall
not reduce or otherwise mitigate the liability of the
bondsmen, unless the accused has been surrendered
or is acquitted.
WHEN IS BAIL CANCELLED?
 Surrender of the accused
 Proof of his death
 Acquittal of the accused
 Dismissal of the case (Rule 114. Sec. 22).
ARREST OF ACCUSED OUT ON BAIL
 For the purpose of surrendering the accused, the
bondsmen may arrest him or, upon written authority
endorsed on a certified copy of the undertaking,
cause him to be arrested by police officer or any
other person of suitable age and discretion. (Bounty
Hunter Law)
 An accused released on bail may be re-arrested
without the necessity of a warrant if he attempts to
depart from the Philippines without permission of
the court where the case is pending (Rule 114 Sec.
23).
HOW TO PREVENT AN ACCUSED FOR LEAVING THE
PHILIPPINES?
• Petition for issuance of “hold departure order”.
• HDO can be issued only by the judge (Circular 39-97)
EFFECT OF FILING BAIL IN CASE OF ILLEGAL ARREST
• An application for or admission to bail shall not bar
the accused from challenging the validity of his
arrest
• or the legality of the warrant issued therefore,
• or from assailing the regularity or questioning the
absence of a preliminary investigation of the charge
against him,
• provided that he raises them before entering his plea
(Rule 114. Sec. 26).
COURT SUPERVISION OF DETAINESS
• Court has jurisdiction over persons in custody for the
purpose of eliminating unnecessary detention.
• The Executive Judges of RTC shall conduct monthly
inspections of jails (Rule 114 Sec 25).
PURPOSES OF INSPECTION OF EXECUTIVE JUDGES
 to ascertain the number of detainees,
 inquire on their proper accommodation, and health
and
 examine the condition of the jail facilities.
 order the segregation of sexes and of minors from
adults;
 ensure the observance of the right of the detainees
to confer privately with counsel,
 strive to eliminate conditions inimical to detainees
(ibid).
RULE 115
RIGHTS OF THE ACCUSED
(Constitutional Rights)
(a) To be presumed innocent until the contrary is
proved beyond reasonable doubt.
(b) To be informed of the nature and cause of the
accusation against him. (Hornbook Doctrine)
(c) To be present and defend in person and by counsel
at every stage of the proceedings, from arraignment
to promulgation of the judgment.
(d) To testify as a witness in his own behalf but subject
to cross-examination on matters covered by direct
examination. His silence shall not in any manner
prejudice him.
(e) To be exempt from being compelled to be a witness
against himself.
(f) To confront and cross-examine the witnesses against
him at the trial.
(g) To have compulsory process issued to secure the
attendance of witnesses and production of other
evidence in his behalf.
(h) To have speedy, impartial and public trial
(i) To appeal in all cases allowed and, in the manner,
prescribed by law. (Not a Constitutional Right but a
Statutory Right)
OTHER RIGHTS OF THE ACCUSED (UNDER THE
CONSTITUTION)
• The right to bail
• The right against excessive fines
1. THE RIGHT TO BE PRESUMED INNOCENT UNTIL THE
CONTRARY IS PROVED BEYOND REASONABLE DOUBT
 Accusation is not synonymous with guilt.
 In fact, the accused is not even required to present
evidence.
PROOF BEYOND REASONABLE DOUBT
It means there must be moral certainty that the accused
committed the crime. Moral certainty is that degree of
proof which produces conviction in an unprejudiced
mind.
EQUIPOISE RULE
 Also known as “equiponderance of evidence rule”.
 It states, “where the inculpatory circumstances are
capable of two inferences, one which is consistent
with the presumption of innocence and the other
consistent with a finding of guilt, the equipoise rule
requires that the accused be acquitted because the
evidence does not satisfy the test of moral certainty.
2. THE RIGHT TO BE INFORMED OF THE NATURE AND
THE CAUSE OF ACCUSATION AGAINST HIM.
3. THE RIGHT TO BE PRESENT FROM ARRAIGNMENT
UP TO PROMULGATION OF JUDGMENT.
 The accused can waive his right to be present.
 But he must still attend if he is to be identified by the
witness.
 If he is still absent then identification can be made by
witnesses through his pictures contained in the case
folder/records.
BOARD: The principle in law that trial may proceed even
in the absence of the accused after the arraignment
upon the theory that the accused by his absence has
waived his right to appear in trial.
a. Trial in absentia
b. Trial by publicity
c. Consolidated trial
d. Regional Trial Court
PROMULGATION OF JUDGMENT IN ABSENTIA
A promulgation of judgment in absentia is valid
provided:
1. the judgment is recorded in the criminal docket;
2. a copy thereof be served upon the accused or
counsel.
THE RIGHT TO BE DEFENDED BY COUNSEL
Q: What is the reason why the accused is given the right
to counsel?
A: Because even the most intelligent man may have no
skill in the science of the law, and without counsel, he
may be convicted not because he is guilty but because
he does not know how to establish his innocence.
Q: What is the effect if the right to counsel is violated?
A: The accused can ask for a “new trial”.
BOARD: The right against self-incrimination founded
upon principles of
a. Public policy
b. Humanity
c. Morality
d. Both a and b
RIGHT AGAINST SELF INCRIMINATION
It was established on the grounds of public policy and
humanity — of policy, because if the party were
required to testify, it would place the witness under the
strongest temptation to commit the crime of perjury,
and of humanity, because it would prevent the
extorting of confessions by duress."
RIGHT AGAINST SELF INCRIMINATION
The right of the defendant in a criminal case "to be
exempt from being a witness against himself" signifies
that he cannot be compelled to testify or produce
evidence in the criminal case in which he is the accused,
or one of the accused. He cannot be compelled to do so
even by subpoena or other process or order of the
Court. He cannot be required to be a witness either for
the prosecution, or for a co-accused, or even for
himself.
Q: Accused admitted in a radio station that he
committed the crime. Is this admission admissible?
A: Yes. A radio reporter is not a connected to the
government as a law enforcer. Hence, there is no need
for a lawyer to assist the accused.
4. THE RIGHT TO TESTIFY AS A WITNESS IN HIS OWN
BEHALF.
AMERICAN RULE VS. ENGLISH RULE ON CROSS
EXAMINATIONS
1. American Rule – the witness can only be cross
examined on matters covered on direct
examinations. (we use this if the accused himself is
the witness for himself).
2. English Rule – ordinary witness may be cross
examined not only on matters directly inquired on
direct examinations but also on other matters
connected therewith.
Q: What is the effect if the accused does not want to
take the witness stand and does not wish to testify for
his own case?
a. There is no presumption of admission of guilt.
b. The judge must make no adverse inference from his
silence
c. Both a and b.
Note: If the accused testified in his own behalf he must
answer questions and he cannot refuse to answer on
the ground that it will violate his right to remain silent.
If he testified for himself, he waived his right to remain
silent and he is now must be ready for cross
examination.
BOARD: The _______ has the inherent power to compel
the attendance of persons, accused and witnesses in a
case pending therein.
a. Public Prosecutor
b. PAO
c. Court
d. Private Prosecutor
BOARD: Among all of the rights both of citizens (and
accused alike) which is the top most priority to be
protected?
a. Right to life
b. Right to liberty
c. Right to property
d. Right to happiness
BOARD: Inside a police precinct, X, the accused was
informed of his right to remain silent and to have
competent and independent counsel. X decided to waive
these rights and then made a voluntary confession.
Here, X’s statement is still not admissible because:
a. These rights cannot be waived
b. The waiver was not made in writing and in the
presence of the counsel.
(Follow up) BOARD: Assuming all conditions of the
waiver was valid except there was no lawyer who
assisted X because X had no money. X’s statement will
be:
a. Admissible because the conditions of the waiver
were fulfilled.
b. Inadmissible because X must be provided with a
counsel free of charge.
(Follow Up) BOARD: If X was convicted, he should
appeal within:
c. 15 days from promulgation of judgment
d. 20 days from receipt of judgment
(Follow Up) BOARD: If the appeal was made after 30
days had passed, then the appeal should:
a. Be given due course because it was filed within
reglementary period
b. Not be given due course because it was filed out of
time. Judgment has become final.
May a person charged with “sale” of shabu be convicted
of “possession” instead?
Answer: No.
The information stated the accused raped the victim on
January 1, 2012 but it was the January 30, 1999 rape
that was proven and not the January 1, 2012 alleged
rape. May the accused be convicted of rape?
Answer: No.
TRIAL IN ABSENTIA, REQUISITES
• Accused has been arraigned
• He has been notified of the trial
• He failed to appear
• His failure to appear is not justifiable.
EFFECT OF BEING REPRESENTED BY A FAKE LAWYER
Accused may appeal and use this ground as a violation
of right to be heard by a counsel.
RIGHT TO CONFRONTATION, PURPOSE
1. To secure an opportunity for cross examination;
2. To allow the judge to observe the deportment and
appearance of the witness when testifying.
Can the accused be convicted based solely on untestified
affidavits of witnesses against him?
Ans: No.
6. RIGHT TO CONFRONT AND CROSS EXAMINE THE
WITNESSES AGAINST THE ACCUSED.
RIGHT TO SPEEDY TRIAL
 The right to be free from vexatious, capricious, and
oppressive delays.
 It takes place when unjustified postponements of
the trial are asked for and secured or when a long
period of time has lapsed without the case being
tried.
RA 8493
• Speedy Trial Act of 1998.
Q: Which among the following things may the accused
do if his right to speedy trial is violated?
a. He can ask for dismissal of the case.
b. He can file habeas corpus
c. He can file certiorari, prohibition or mandamus
d. Any or all of the above.
THE ACCUSED HAS THE RIGHT TO A PUBLIC TRIAL
RIGHT TO PUBLIC TRIAL DOES NOT MEAN TELEVISED
TRIAL
RIGHT TO APPEAL
• The only statutory right in the rights enumerated
here.
• Only the accused can appeal, the prosecution may not
appeal the criminal case because of double jeopardy
principle.
FUGITIVE FROM JUSTICE, DEFINED
A "fugitive from justice" includes not only those who
flee after conviction to avoid punishment but likewise
those who, after being charged, flee to avoid
prosecution (Rodriguez vs. Comelec, July 24, 1996).
Q: A fugitive from justice is said to have waived which
right?
a. Right to presumption of innocence.
b. Right to appeal
c. Right to live
d. All of the above.
RULE 116
ARRAIGNMENT
 The proceeding in a criminal case, whose object is to
fix the identity of the accused, to inform him of the
charge against him and to give him an opportunity to
plead, or to obtain from the accused his answer to
the accusation.
 Arraignment may also be defined as the reading
 of the criminal complaint or information to the
defendant by the judge or clerk, and the delivering
to him of the copy thereof, including a list of
witnesses and asking him whether he pleads guilty
or not guilty.
BOARD: The purpose of arraignment.
a. To fix the identity of the accused,
b. To inform him of the charge against him
c. To give him an opportunity to plead,
d. All of the above
BOARD: What kind of motion may be filed by the
accused before arraignment?
a. Motion to dismiss
b. Demurrer to evidence
c. Motion to Quash
d. All of the above
 The accused must be arraigned (within 30 days from
time court acquires jurisdiction) before the court
where the complaint or information was filed or
assigned for trial.
 The arraignment shall be made in open court by the
judge or clerk by furnishing the accused with a copy
of the complaint or information, reading the same in
the language or dialect known to him, and asking
him whether he pleads guilty or not guilty (Rule 116
Sec.1).
 The accused must be present at the arraignment and
must personally enter his plea. Both arraignment
and plea shall be made of record, but failure to do so
shall not affect the validity of the proceedings.
 When the accused refuses to plead or makes a
conditional plea, a plea of not guilty shall be entered
for him.
 When the accused pleads guilty but presents
exculpatory evidence, his plea shall be deemed
withdrawn and a plea of not guilty shall be entered
for him (by the judge, not the clerk).
Q: What is the arraignment where the accused is
represented by another person?
A: Arraignment by proxy. Arraignment in absentia. It is
not allowed.
If the accused plead guilty but presents exculpatory
evidence, then:
a. A plea of not guilty shall be entered for him
b. A plea of guilty shall be entered for him
BOARD: How should the accused plea to a complaint or
information?
a. personally, in open court and of record
b. By his counsel or by proxy if his inability to attend is
evidenced by a medical certificate.
BOARD: How should the plea to a complaint or
information be made by the accused?
a. Personally
b. In open court
c. Made on record
d. All of the above
e. Through counsel
f. By written manifestation
BOARD: In an arraignment, if the accused refuses to
plea, or make a conditional plea of guilty, what shall be
entered for him by the court?
a. A plea of guilty
b. A plea of not guilty
c. A plea of insanity
d. A plea bargaining
BOARD: What is the answer/reaction given by the
accused to a charge against him in court?
a. Affidavit
b. Plea
c. Motion
d. Arraignment
 The private offended party shall be required to
appear at the arraignment for purposes of plea
bargaining, determination of civil liability, and other
matters requiring his presence.
 In case of failure of the offended party to appear
despite due notice, the court may allow the accused
to enter a plea of guilty to a lesser offense which is
necessarily included in the offense charged with the
conformity of the trial prosecutor alone (ibid).
PLEA BARGAINING
 At arraignment, the accused, with the consent of the
offended party and prosecutor, may be allowed by
the trial court to plead guilty to a lesser offense
which is necessarily included in the offense charged.
 After arraignment but before trial, the accused may
still be allowed to plead guilty to said lesser offense
after withdrawing his plea of not guilty (Rule 116
Sec. 2).
PLEA BARGAINING, DEFINED
The process whereby the accused and the prosecutor in
a criminal case work out a mutually satisfactory
disposition of the case subject to court approval. It
usually involves the defendant’s pleading guilty to a
lesser offense or to only one or some of the counts of a
multi count indictment in return for a lighter sentence
than for the grave charge.
BOARD: During the arraignment, the accused may be
allowed to plead guilty to a lesser offense which is
included in the offense charged with the express
consent of whom
a. Private offended party
b. Trial judge
c. The accused
d. Private prosecutor
NOTE: No need to amend the information if the accused
pleaded to the lesser offense.
Q: Can the judge arraign the accused if the public
prosecutor is absent?
A: NO. It is a violation of due process. Due process is
not only for the accused but even for the government.
Q: What is the effect if there was no arraignment?
A: The accused cannot be convicted. This is true even if
there was trial. The proceedings will be void.
PLEA OF GUILTY TO A CAPITAL OFFENSE
Judge must:
(1) Conduct a searching inquiry into the voluntariness
and full comprehension of the consequences of his
plea and shall
(2) Require the prosecution to prove his guilt and the
precise degree of culpability
(3) The accused may present evidence in his behalf (Rule
116 Sec. 3).
REASON
The court must proceed with caution since the death
penalty once carried out is irrevocable.
PLEA OF GUILTY TO NON-CAPITAL OFFENSE
When the accused pleads guilty to a non-capital
offense, the court may receive evidence from the
parties to determine the penalty to be imposed (Rule
114 Sec. 4).
IMPROVIDENT PLEA OF GUILTY
A plea of guilty is improvident if it was made without
proper advice or recklessly entered by the accused
without comprehending its seriousness and
consequences.
WITHDRAWAL OF IMPROVIDENT PLEA OF GUILTY
 At any time before the judgment of conviction
becomes final,
 The court may permit an improvident plea of guilty
to be withdrawn
 And be substituted by a plea of not guilty (Rule 114
Sec. 5).
DUTY OF COURT IN CASE ACCUSED HAS NO COUNSEL
Duty of the court at arraignment:
(1) Inform the accused of his right to attorney before
the arraignment
(2) Ask him if he desires one
(3) If he desires but unable to employ one, the court
must assign an attorney de officio
(4) If accused desires to procure an attorney of his own,
the court must grant him a reasonable time
therefore (Rule 116 Sec. 6)
COUNSEL DE OFFICIO
 The court, considering the gravity of the offense and
the difficulty of the questions that may arise, shall
appoint as counsel de officio such members of the
bar in good standing who, by reason of their
experience and ability, can competently defend the
accused.
 But in localities where such members of the bar are
not available, the court may appoint any person,
resident of the province and of good repute for
probity and ability, to defend the accused (Rule 116
Sec. 7).
BOARD: What do you call a person designated by the
court to assist a destitute litigant or party in a criminal
case?
a. Counsel de parte
b. Counsel de officio
c. Public prosecutor
d. Amicus Curiae.
AMICUS CURIAE
 Literally means a friend of the court.
 An amicus curiae (also spelled amicus curiæ; plural
amici curiae) is someone, not a party to a case, who
volunteers to offer information to assist a court in
deciding a matter before it.
TIME TO PREPARE FOR COUNSEL DE OFFICIO
 Reasonable time
 Whenever a counsel de office is appointed by the
court to defend the accused at the arraignment, he
shall be given a reasonable time to consult with the
accused as to his plea before proceeding with the
arraignment Rule 116. Sec. 8).
 (Old answer: 1 hour)
BILL OF PARTICULARS
 A Bill of Particulars is a statement which makes a
pleading more certain by furnishing additional
information respecting the cause of action or
defense.
 The purpose of bill of particulars is to inform the
accused of the charges against him and avoid
surprises.
WHEN TO ASK FOR BILL OF PARTICULAR
 The accused may, before arraignment, move for a
bill of particulars to enable him properly to plead
and prepare for trial (Rule 116 Sec. 9).
BOARD: If you were asked by the accused as to what
should he do regarding an “unclear” complaint or
information, what should your advice him?
a. File a motion to dismiss
b. File a motion for a bill of particulars
c. File a motion to quash
d. File a demurrer to evidence
WHAT IS THE REMEDY OF THE ACCUSED IF THE
INFORMATION FAILED TO STATE THE DATE OF THE
COMMISION OF THE ALLEGED CRIME?
• The accused may file a bill of particulars.
CASES WHERE ARRAIGNMENT MAY BE SUSPENDED
(1) The accused appears to be suffering from an
unsound mental condition which effectively renders
him unable to fully understand the charge against
him and to plead intelligently thereto. In such case,
the court shall order his mental examination and, if
necessary, his confinement for such purpose;
In this case, the judge shall order his mental
examination by an (medical) expert.
(2) There exists a prejudicial question; and
(3) A petition for review of the resolution of the
prosecutor is pending at either the Department of
Justice, or the Office of the President; provided, that
the period of suspension shall not exceed sixty (60)
days counted from the filing of the petition with the
reviewing office (Rule 116 Sec. 11).
RULE 117
MOTION TO QUASH
 A Motion to Quash is substantially the equivalent of
a Motion to Dismiss in civil cases provided in Rule 16
Section 1 (Pamaran, Criminal Procedure 2006, page
359).
 Motion To Quash is a formal motion filed by the
accused before the arraignment seeking the
dismissal of the complaint or information based on
the grounds provided by law.
MOTION TO QUASH WHEN TO FILE?
At any time before entering his plea, the accused may
move to quash the complaint or information (Rule 117
Sec. 1)
BOARD: At what time may the accused move to quash
the complaint or information against him?
a. At any time before entering his plea.
b. Friday morning which is a motion day in courts
c. At any time before judgment of conviction becomes
final.
d. All of the above
GROUNDS FOR A MOTION TO QUASH
(a) That the facts charged do not constitute an offense;
(b) That the court trying the case has no jurisdiction
over the offense charged;
(c) That the court trying the case has no jurisdiction
over the person of the accused;
(d) That the officer who filed the information had no
authority to do so;
(e) That it does not conform substantially to the
prescribed form;
(f) That more than one offense is charged except when
a single punishment for various offenses is
prescribed by law;
(g) That the criminal action or liability has been
extinguished;
(h) That it contains averments which, if true, would
constitute a legal excuse or justification; and
(i) That the accused has been previously convicted or
acquitted of the offense charged, or the case against
him was dismissed or otherwise terminated without
his express consent (Rule 117 Sec 3).
NOTE:
 The accused must file his motion to quash before
arraignment.
 Because after arraignment a motion to quash is
already prohibited EXCEPT when the grounds are the
following:
a. The complaint or information does not charge an
offense;
b. The court has no jurisdiction over the offense
charged;
c. The offense has been extinguished or its penalty;
d. There is double jeopardy
 GROUND 1: That the facts charged do not constitute
an offense;
 GROUND 2: That the court trying the case has no
jurisdiction over the offense charged;
 GROUND 3: That the court trying the case has no
jurisdiction over the person of the accused;
Q: How can the court acquire jurisdiction over the
person of the accused?
a. Upon his voluntary surrender.
b. Upon his arrest.
c. Upon his appearing in the arraignment
d. Upon his submission of pleadings
e. All of these
 GROUND 4: That the officer who filed the
information had no authority to do so
 GROUND 5: That it does not conform substantially to
the prescribed form.
These are the prescribed form of an information: It
must:
a. State the name of the accused and
b. State the designation of the offense
c. State the acts or omissions complained of as
constituting the offense and
d. State the name of the offended party
e. State the approximate date of the commission of the
offenses and
f. State the place where the crime was committed
(Rule 110 Section 6).
 GROUND 6: That more than one offense is charged
except when a single punishment for various
offenses is prescribed by law.
DUPLICITOUS INFORMATION – Is an information that
charges more than one offense.
The accused must file a motion to quash if the offense is
duplicitous and this is done before the arraignment.
If the accused does not file a motion to quash then he
may be convicted of as many offenses that are included
in the information.
 GROUND 7: That the criminal action or liability has
been extinguished.
MODES OF TOTAL EXTINGUISHMENT OF CRIMINAL
LIABILITY
1. Death of convict;
2. Service of sentence;
3. Amnesty;
4. Absolute pardon;
5. Prescription of crime;
6. Prescription of penalty;
7. Marriage of the offended woman in acts of
lasciviousness, abduction and seduction (Article 89
RPC)
 GROUND 8: That it contains averments which, if
true, would constitute a legal excuse or justification.
Example: The information states: “Pedro is being
charged for being an accessory for helping his brother
bury the victim of his brother’s murder”.
YOU CAN FILE A MOTION TO QUASH
GROUND 9: That the accused has been previously
convicted or acquitted of the offense charged, or the
case against him was dismissed or otherwise terminated
without his express consent.
FORM AND CONTENTS OF A MOTION TO QUASH
• The motion to quash shall be in writing
• signed by the accused or
• signed by his counsel and
• shall distinctly specify its factual and legal grounds.
• The court shall consider no ground other than those
stated in the motion, EXCEPT lack of jurisdiction over
the offense charged.
EFFECT IF MOTION TO QUASH IS GRANTED BY THE
COURT
• If the motion to quash is sustained, the court may
order that another complaint or information be filed
except when the ground is extinction of criminal liability
or double jeopardy (Rule 117 Sec. 5).
EFFECTS OF GRANTING MOTION TO QUASH (2)
• An order sustaining the motion to quash is not a bar
to another prosecution for the same offense unless the
motion was based on the grounds specified in section 3
(g, extinguishment of criminal liability) and (I double
jeopardy) of this Rule.
EFFECT IF MOTION TO QUASH IS DENIED BY THE
COURT
• From a denial of a motion to quash, the accused must
proceed to trial on the merits, and if he lost in the case,
then he can appeal.
BOARD: Which among the following grounds for a
motion to quash is a bar for the prosecution of the
accused for the same offense?
a. Double jeopardy
b. Criminal action of liability has been extinguished
c. Officer who filed had no authority
d. Both a and b
MOTION TO QUASH and DEMURRER TO EVIDENCE.
DOUBLE JEOPARDY
When an accused has been convicted or acquitted, or
the case against him dismissed or otherwise terminated
without his express consent by a court of competent
jurisdiction, upon a valid complaint or information or
other formal charge sufficient in form and substance to
sustain a conviction and after the accused had pleaded
to the charge, the conviction or acquittal of the accused
or the dismissal of the case shall be a bar to another
prosecution for the offense charged, or for any attempt
to commit the same or frustration thereof, or for any
offense which necessarily includes or is necessarily
included in the offense charged in the former complaint
or information (Rule 117 Sec. 7).
REQUISITES OF DOUBLE JEOPARDY
1. There must be a valid complaint or information
2. There must be competent court that tried the
accused
3. The accused had pleaded to the charge in the
arraignment.
4. The accused was acquitted or convicted or the case
against him was dismissed or terminated without his
express consent.
DOUBLE JEOPARDY
The rule of double jeopardy means that when a person
is charged with an offense and the case is terminated
either by acquittal or conviction or in any manner
without the consent of the accused, the latter cannot
again be charged with the same or identical offense.
EEFECT OF ERRONEOUS ACQUITTAL OF THE ACCUSED
(Generally) It cannot be re filed or appealed to a higher
court because otherwise there would be double
jeopardy.
THERE IS NO DOUBLE JEOPARDY WHEN:
(a) the graver offense developed due to supervening
facts arising from the same act or omission
constituting the former charge;
NOTE: THIS IS THE DOCTRINE OF SUPERVENING
EVENT/FACTS.
(b) the facts constituting the graver charge became
known or were discovered only after a plea was
entered in the former complaint or information;
(DOCTRINE OF SUBSEQUENT DISCOVERY)
(c) the plea of guilty to the lesser offense was made
without the consent of the prosecutor and of the
offended party except as provided in section 1(f) of
Rule 116.
DISTINGUISH ACQUITTAL FROM DISMISSAL
1. Acquittal takes place when there has been a full-
blown trial (based on merits) and he is not found
guilty for whatever reason.
2. Dismissal takes place when there was no full-blown
trail, and the case was not decided on the merits
PROVISIONAL DISMISSAL
The temporary dismissal of the criminal case subject to
revival within:
1 year – if the case provisionally dismissed is punishable
by imprisonment not exceeding 6 years imprisonment;
or
2 years - if the case provisionally dismissed is
punishable by more than 6 years imprisonment.
PROVISIONAL DISMISSAL
 A case shall not be provisionally dismissed except
with the express consent of the accused and with
notice to the offended party (Rule 117 sec. 8).
 The provisional dismissal of offenses punishable by
imprisonment not exceeding six (6) years or a fine of
any amount, or both, shall become permanent one
(1) year after issuance of the order without the case
having been revived. With respect to offenses
punishable by imprisonment of more than six (6)
years, their provisional dismissal shall become
permanent two (2) years after issuance of the order
without the case having been revived (ibid).
BOARD: If the offense is punishable by prision mayor or
higher, the provisional dismissal shall become
permanent after how many years after the issuance of
the order without the case being re filed by the
prosecution?
a. One year
b. Two years
WHAT IS NOLLE PROSEQUI?
 It is a written argument presented by the prosecutor
stating that he does not believe that the evidence is
sufficient to obtain a conviction.
 The discontinuance of a criminal prosecution by the
officer, with consent of the court, for absence or lack
of sufficient evidence.
BASIS OF DOUBLE JEOPARDY
 Double jeopardy is founded upon the law of reason,
justice and conscience.
 It is embodied in the maxim non bis in idem, which
translates literally from Latin as "not twice in the
same", It means that no legal action can be instituted
twice for the same cause of action.
Q: What is the OMNIBUS MOTION RULE?
A: It is a rule which states that when an accused files a
motion to quash then he must allege all the grounds
under the rules in support of his motion to quash
because if the grounds are not stated in the motion
then they are considered waived.
OMNIBUS MOTION RULE
The failure of the accused to assert any ground of a
motion to quash before he pleads to the complaint or
information, either because he did not file a motion to
quash or failed to allege the same in said motion, shall
be deemed a waiver of any objections except those
based on the grounds provided for in paragraphs (a),
(b), (g), and (i) of section 3 of this Rule (Rule 117 Sec 9).
NOTE: THE FOLLOWING GROUNDS ARE NOT WAIVED
EVEN IF NOT ALLEGED IN A MOTION TO QUASH IN
OTHER WORDS, THEY ARE THE EXCEPTIONS TO THE
OMNIBUS MOTION RULE
THEY ARE THE FOLLOWING:
RULE 117 SECTION 3:
a. The facts charged do not constitute an offense;
b. The court trying the case has no jurisdiction over the
offense charged;
c. Criminal action or liability has been extinguished;
d. Accused has been previously convicted or acquitted
of the offense charged.
RULE 118
PRE-TRIAL
PRE-TRIAL; MANDATORY IN CRIMINAL CASES.
In all criminal cases cognizable by the Sandiganbayan,
Regional Trial Court, Metropolitan Trial Court, Municipal
Trial Court in Cities, Municipal Trial Court and Municipal
Circuit Trial Court, the court shall, after arraignment
and within thirty (30) days from the date the court
acquires jurisdiction over the person of the accused,
order a pre-trial conference (Rule 118. Sec. 1)
MATTERS TAKEN AT PRE TRIAL
(a) plea bargaining;
(b) stipulation of facts;
(c) marking for identification of evidence of the parties;
(d) waiver of objections to admissibility of evidence;
(e) modification of the order of trial if the accused
admits the charge but interposes a lawful defense;
and
(f) such matters as will promote a fair and expeditious
trial of the criminal and civil aspects of the case.
(Examples: identity of the victim whose body is
beyond recognition, heirs of the victim, earning
capacity, physical condition etc.)
BOARD: Pre trial is ______ in MTC, MCTC, RTC, MeTC
and Sandiganbayan.
a. Mandatory
b. Optional
c. Discretionary
d. Not required
BOARD: Which is not undertaken during pre trial?
a. Plea bargaining
b. Stipulation of facts
c. Marking of evidence
d. Direct and cross examinations
BOARD: Which among the following stages of trial may
the civil aspect of the case be settled?
a. Trial proper
b. Appeal
c. Pre trial
d. Promulgation of judgment
STIFLING OF CRIMINAL CASES
Compromise of criminal case is not allowed (but in real
practice, it is tolerated).
PRE-TRIAL AGREEMENT
All agreements or admissions made or entered during
the pre-trial conference shall be reduced in writing and
signed by the accused and counsel, otherwise, they
cannot be used against the accused (Rule 118 Sec. 2).
PRE TRIAL ORDER
After the pre-trial conference, the court shall issue an
order reciting the actions taken, the facts stipulated,
and evidence marked. Such order shall bind the parties,
limit the trial to matters not disposed of, and control
the course of the action during the trial, unless modified
by the court to prevent manifest injustice (Sec. 4)
EFFECT OF NON-APPEARANCE OF PARTIES AND
LAWYERS AT PRE TRIAL
The court may impose proper sanctions or penalties
(Rule 118 Sec. 3).
RULE 119
TRIAL
After a plea of not guilty is entered, the accused shall
have at least fifteen (15) days to prepare for trial. The
trial shall commence within thirty (30) days from receipt
of the pre- trial order (Rule 119 Sec. 1).
TRIAL - the examination before a competent tribunal of
the facts put in issue for the purpose of determining
such issue.
BOARD: A judicial examination and determination of the
issues in a criminal or civil case presided by a judge.
a. Trial
b. Beauty pageant
c. Board Examinations
d. All of the above
BOARD: What do you call a person who gives
testimonial evidence before the court/ judicial tribunal?
a. Affiant
b. Deponent
c. Witness
d. Interpreter
CONTINUOUS TRIAL
 Trial once commenced shall continue from day to
day as far as practicable until terminated.
 It may be postponed for a reasonable period of
time for good cause.
 In no case shall the entire trial period exceed one
hundred eighty (180) days from the first day of trial,
except as otherwise authorized by the Supreme
Court (Rule 119 Sec. 2).
PERIOD FOR RENDITION OF JUDGMENT
Trial Courts must give their judgment within 90 days
counted from the time of submission of the cases for
decision or resolution (1987 Constitution).
REMEDY WHERE ACCUSED IS NOT BROUGHT TO TRIAL
WITHIN THE TIME LIMIT
 If the accused is not brought to trial within the time
limit the information may be dismissed on motion of
the accused on the ground of denial of his right to
speedy trial.
 Failure of the accused to move for dismissal prior to
trial shall constitute a waiver of the right to dismiss
under this section (Rule 119 Sec. 9).
TIME LIMIT FOLLOWING AN ORDER FOR NEW TRIAL.
If the accused is to be tried again pursuant to an order
for a new trial, the trial shall commence within thirty
(30) days from notice of the order, provided that if the
period becomes impractical due to unavailability of
witnesses and other factors, the court may extend it but
not to exceed one hundred eighty (180) days from
notice of said order for a new trial (Rule 119 Section 5)
ORDER OF TRIAL
(a) The prosecution shall present evidence to prove the
charge and, in the proper case, the civil liability.
(b) The accused may present evidence to prove his
defense and damages, if any, arising, from the
issuance of a provisional remedy in the case.
(c) The prosecution and the defense may, in that order,
present rebuttal and sur-rebuttal evidence unless the
court, in furtherance of justice, permits them to
present additional evidence bearing upon the main
issue.
(d) Upon admission of evidence of the parties, the case
shall be deemed submitted for decision unless the
court directs them to argue orally or to submit
written memoranda.
(e) When the accused admits the act or omission
charged in the complaint or information but
interposes a lawful defense, the order of trial may be
modified (Rule 119 Sec. 11).
TRIAL OF SEVERAL ACCUSED
When two or more accused are jointly charged with an
offense, they shall be tried jointly unless the court, in its
discretion and upon motion of the prosecutor or any
accused, orders separate trial for one or more accused
(Rule 119 Sec. 16)
Q: When is the motion for separate trial filed?
A: Before the prosecution starts presenting its
evidence.
EXCLUSION OF PUBLIC IN COURTROOM
The judge may, motu proprio, exclude the public from
the courtroom if the evidence to be produced during
the trial is offensive to decency or public morals. He
may also, on motion of the accused, exclude the public
from the trial except court personnel and the counsel of
the parties (Rule 119 Sec. 21).
CONSOLIDATION OF CASES
Charges for offenses founded on the same facts or
forming part of a series of offenses of similar character
may be tried jointly at the discretion of the court (Rule
119 sec. 22).
DEMURRER TO EVIDENCE
Demurrer to evidence is a motion to dismiss filed by the
accused after the prosecution has rested its case on the
ground of insufficiency of evidence
DEMURRER TO EVIDENCE
AFTER the prosecution rests its case, the court may
dismiss the action on the ground of insufficiency of
evidence (1) on its own initiative after giving the
prosecution the opportunity to be heard or (2) upon
demurrer to evidence filed by the accused with or
without leave of court (Rule 119 Sec. 23).
BOARD: When does the accused file his demurrer to
evidence?
a. After the prosecution has rested its case
b. Before the prosecution has rested its case.
The motion for leave of court to file demurrer to
evidence shall specifically state its grounds and shall be
filed within a non-extendible period of after the
prosecution rests five (5) days its case. The prosecution
may oppose the motion within a non-extendible period
of five (5) days from its receipt (ibid).
BOARD: How many days are given to the accused after
the prosecution has rested its case to file a motion for
leave to file demurrer to evidence?
a. 5 days
b. 10 days
c. 15 days
d. 30 days
• If leave of court is granted, the accused shall file the
demurrer to evidence within a non- extendible period of
ten (10) days from notice. The prosecution may oppose
the demurrer to evidence within a similar period from
its receipt.
• The order denying the motion for leave of court to file
demurrer to evidence or the demurrer itself shall not be
reviewable by appeal or by certiorari before judgment
(Rule 119 Sec. 23).
Q: The actual demurrer to evidence is filed within:
a. 5 days
b. 10 days
c. 15 days
d. 30 days
BAD EFFECT IF ACCUSED FILED DEMURRER TO
EVIDENCE WITH LEAVE OF COURT
When the demurrer to evidence is filed without leave of
court, the accused waives the right to present evidence
and submits the case for judgment on the basis of the
evidence for the prosecution
REASON
- To prevent dilatory tactics of defense lawyers. Some of
them file this for purpose of delay.
GOOD EFFECT IF DEMURRER TO EVIDENCE IS FILED
WITH LEAVE OF COURT
If the court denies the demurrer to evidence filed with
leave of court, the accused may adduce evidence in his
defense.
BOARD: The quantum of proof in a _____ case is “proof
beyond reasonable doubt”, which is the weight of
evidence needed to convict the accused in this type of
case.
a. Criminal
b. Civil
c. Administrative
d. Labor
BOARD: The accused claims that he was in another
place far away from the crime scene during the time
when the crime was committed. This defense is known
as the weakest defense. This is:
a. Alibi
b. Justifying circumstance
c. Denial
d. Plea of physical impossibility
REOPENING OF CASE
At any time before finality of the judgment of
conviction, the judge may, motu proprio or upon
motion, with hearing in either case, reopen the
proceedings to avoid a miscarriage of justice. (Rule 119
Sec. 24).
RULE 120
JUDGMENT
Judgment is the adjudication by the court that the
accused is guilty or not guilty of the offense charged and
the imposition on him of the proper penalty and civil
liability, if any. It must be written in the official
language, personally and directly prepared by the judge
and signed by him and shall contain clearly and
distinctly a statement of the facts and the law upon
which it is based (Rule 120 Sec. 1).
BOARD: A person found to have violated a criminal law
by a court of competent jurisdiction is:
a. Accused
b. Suspect
c. Respondent
d. Criminal
CONTENTS OF JUDGMENT
If the judgment is of conviction, it shall state:
(1) the legal qualification of the offense constituted by
the acts committed by the accused and the
aggravating or mitigating circumstances which
attended its commission;
(2) the participation of the accused in the offense,
whether as principal, accomplice, or accessory after
the fact;
(3) the penalty imposed upon the accused; and
(4) the civil liability or damages caused by his wrongful
act or omission to be recovered from the accused by
the offended party, if there is any.
CONTENTS OF JUDGMENT
In case the judgment is of acquittal, it shall state
whether the evidence of the prosecution absolutely
failed to prove the guilt of the accused or merely failed
to prove his guilt beyond reasonable doubt (Rule 120
Section 2)
ALTERNATIVE PENALTIES NOT ALLOWED
Example: 5 years imprisonment or 100,000 fine.
Reason: The judge must fix the penalty.
EFFECT OF FAILURE TO OBJECT TO DUPLICITOUS
INFORMATION
When two or more offenses are charged in a single
complaint or information, but the accused fails to object
to it before trial, the court may 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 (Rule 120 Sec.
3).
FORMULA FOR CONVICTION
CHARGED + PROVED = CONVICTION
PROMULGATION OF JUDGMENT, DEFINED
It is the reading of the decision of the court in criminal
cases in the presence of the accused.
EFFECT OF ABSENCE OF THE ACCUSED IN
PROMULGATION OF JUDGMENT
If the judgment is for conviction and the failure of the
accused to appear was without justifiable cause, he
shall lose the remedies available in these rules against
the judgment and the court shall order his arrest.
Within fifteen (15) days from promulgation of judgment,
however, the accused may surrender and file a motion
for leave of court to avail of these remedies. He shall
state the reasons for his absence at the scheduled
promulgation and if he proves that his absence was for
a justifiable cause, he shall be allowed to avail of said
remedies within fifteen (15) days from notice (Ibid).
MODIFICATION OFJUDGMENT
A judgment of conviction may, upon motion of the
accused, be modified or set aside before it becomes
final or before appeal is perfected (Rule 120 Sec. 7).
Note: Judgment of acquittal becomes final immediately.
Hence it cannot be modified.
BOARD: When is judgment of conviction becomes final?
a. After the lapse of the period for perfecting an appeal
b. If the accused applied for probation
c. If the accused expressly waived in writing his right to
appeal
d. If the sentence had been partially or totally
satisfied or served
e. All of the above
BOARD: When does judgment of acquittal become final?
a. After the lapse of the period for perfecting an appeal.
b. Immediately final upon promulgation
ENTRY OF JUDGMENT
Entry of judgment. — After a judgment has become
final, it shall be entered in accordance with Rule 36.
HOW ENTRY OF JUDGMENT DONE
 The judgment or final order shall be entered by the
clerk in the book of entries of judgment.
 The date of the finality of the judgment or final order
shall be deemed to be the date of its entry.
 The record shall contain the dispositive part of the
judgment or final order and signed by the clerk with
certificate that such judgment or final order has
become final and executory.
RULE 121
NEW TRIAL OR RECONSIDERATION
At any time before a judgment of conviction becomes
final, the court may, on motion of the accused or at its
own instance but with the consent of the accused, grant
a new trial or reconsideration (Rule 121 sec1).
NEW TRIAL, DEFINED
New Trial- one whereby the accused on his own motion
or at the initiative of the court but with the consent of
the accused is allowed to present additional evidence in
support of his defense after a judgment of convicted has
already been rendered but before judgment becomes
final (Manuel Pamaran, Criminal Procedure, 2006
edition page 536).
Note: Only the accused can file motion for new trial. The
prosecution cannot file motion for new trial because it
will placed the accused under double jeopardy.
GROUNDS FOR NEW TRIAL
(a) That errors of law or irregularities prejudicial to the
substantial rights of the accused have been
committed during the trial;
(b) That new and material evidence has been discovered
which the accused could not with reasonable
diligence have discovered and produced at the trial
and which if introduced and admitted would
probably change the judgment (Rule 121 Section 2).
REQUISITES OF NEWLY DISCOVERED EVIDENCE
1. The evidence was discovered after the trial;
2. It could not have been discovered during the trial;
3. It is material, not merely corroborative, cumulative.
4. It would probably change the judgment.
EXAMPLES
 Incompetence of counsel or neglect.
 New witnesses surfaced only after conviction of the
accused.
 Rights of the accused were violated.
 Improvident plea of guilty
 Retraction of witnesses.
GROUNDS FOR RECONSIDERATION
The court shall grant reconsideration on the ground of
errors of law or fact in the judgment, which requires no
further proceedings
MOTION FOR RECONSIDERATION, DEFINED
Motion for Reconsideration- one filed by the accused
whereby he seeks the modification of the conclusions of
the court in the judgment of conviction on the basis of
what is already on the record.
 Errors of law – a mistake by the court as to the
interpretation and application of the law.
 Errors of fact – errors in the appreciation of facts
such as when the decision is contrary to the
evidence.
The motion for a new trial or reconsideration shall be in
writing and shall state the grounds on which it is based.
If based on a newly discovered evidence, the motion
must be supported by affidavits of witnesses by whom
such evidence is expected to be given or by duly
authenticated copies of documents which are proposed
to be introduced in evidence. Notice of the motion for
new trial or reconsideration shall be given to the
prosecutor (Rule 121 Sec 4).
NOTE: In trial courts a 2nd M.R. is prohibited.
EFFECTS OF GRANTING A NEW TRIAL OR
RECONSIDERATION
(a) When a new trial is granted on the ground of errors
of law or irregularities committed during the trial, all
the proceedings and evidence affected thereby shall
be set aside and taken anew. The court may, in the
interest of justice, allow the introduction of
additional evidence.
(b) When a new trial is granted on the ground of newly-
discovered evidence, the evidence already adduced
shall stand and the newly discovered and such other
evidence as the court may, in the interest of justice,
allow to be introduced shall be taken and considered
together with the evidence already in the record.
(c) In all cases, when the court grants new trial or
reconsideration, the original judgment shall be set
aside or vacated, and a new judgment rendered
accordingly (Rule 121 sec. 6).
RULE 122
APPEAL
Q: Who may appeal?
A: Any party may appeal from a judgment or final
order, unless the accused will be placed in double
jeopardy (Rule 122 Sec.1)
APPEAL DEFINED
Appeal defined- a proceeding for review by which the
whole case is transferred to a higher court for final
determination. It must be file within 15 days from
promulgation of judgment or from notice of the final
order appealed from.
BOARD: A person or party appealing a case is known as reclusion perpetua
the: or life
a. Appellant imprisonment)
b. Appellee
Q: What is the effect of perfection of appeal?
WHERE TO APPEAL A: The lower court loses jurisdiction over the case,
The appeal may be taken as follows: because the higher court now takes charge.
(a) To the Regional Trial Court, in cases decided by the
Metropolitan Trial Court, Municipal Trial Court in When appeal to be taken. — An appeal must be taken
Cities, Municipal Trial Court, or Municipal Circuit within fifteen (15) days from promulgation of the
Trial Court; judgment or from notice of the final order appealed
(b) To the Court of Appeals or to the Supreme Court in from. This period for perfecting an appeal shall be
the proper cases provided by law, in cases decided suspended from the time a motion for new trial or
by the Regional Trial Court; and reconsideration is filed until notice of the order
(c) To the Supreme Court, in cases decided by the Court overruling the motion shall have been served upon the
of Appeals (Rule 122 Sec. 2). accused or his counsel at which time the balance of the
period begins to run (Rule 122 Section 6).
WHEN APPEAL MUST BE TAKEN
An appeal must be taken within fifteen (15) days from EFFECT OF APPEAL BY ANY OF SEVERAL ACCUSED
promulgation of the judgment or from notice of the (a) An appeal taken by one or more of several accused
final order appealed from (Rule 122 Sec. 6) shall not affect those who did not appeal, except
This period for perfecting an appeal shall be suspended insofar as the judgment of the appellate court is
from the time a motion for new trial or reconsideration favorable and applicable to the latter.
is filed until notice of the order overruling the motion (b) The appeal of the offended party from the civil
has been served upon the accused or his counsel at aspect shall not affect the criminal aspect of the
which time the balance of the period begins to run. judgment or order appealed from.
(c) Upon perfection of the appeal, the execution of the
BOARD: X was convicted today by the RTC and his judgment or final order appealed from shall be
sentence was promulgated. X would like to appeal his stayed as to the appealing party (Rule 122 Sec. 11).
judgment of conviction, this appeal should be made:
a. Within 30 days after promulgation of judgment. WHAT IS “UNIFORM PROCEDURE”?
b. Within 15 from promulgation of judgment A: The procedure to be observed in the Metropolitan
c. Within 30 days from the time the lawyer of X learned Trial Courts, Municipal Trial Courts and Municipal
of the judgment of conviction. Circuit Trial Courts shall be the same as in the Regional
d. Within 15 days from the time the lawyer for X Trial Courts. (Rule 123 Sec. 1) (except where a
received the judgment of conviction as evidenced by particular provision applies only to either of said
registry receipt and return card. courts and in criminal cases governed by the Revised
Rule on Summary Procedure)
BOARD: If the appeal was made on the 16th day after
the promulgation of judgment, then: RULE 124
a. The appeal should not be given due course PROCEDURE IN THE COURT OF APPEALS
b. The appeal should not be given due course for
being filed out of time or outside the reglementary APPELLANT AND APPELEE
period. In all criminal cases appealed to the Court of Appeals,
c. The appeal should be given due course in the interest the party appealing the case shall be called the
of substantial justice. "appellant" and the adverse party the "appellee," but
d. All of the above. the title of the case shall remain as it was in the court of
origin.
SUMMARY OF WHERE TO AND MODE OF APPEAL
APPOINTMENT OF COUNSEL DE OFFICIO ON APPEAL
MTC (Original RTC NOTICE OF APPEAL If it appears from the record of the case as transmitted
Jurisdiction) that
RTC (Original CA NOTICE OF APPEAL (a) the accused is confined in prison,
jurisdiction) (b) is without counsel de parte on appeal, (c) has signed
RTC (Appellate CA Petition for review (Rule the notice of appeal himself, the clerk of court of the
Jurisdiction) 42) Court of Appeals shall designate a counsel de oficio
CA (Appellate SC Petition for review on (Rule 124 Sec 2).
Jurisdiction) certiorari
RTC (original or SC Petition for Review (Rule APPELLANT’S BRIEF
appellate 45) Within thirty (30) days from receipt by the appellant or
jurisdiction so long
his counsel of the notice from the clerk of court of the
as pure question of
Court of Appeals that the evidence, oral and
law
documentary, is already attached to the record, the
CA (if penalty SC Notice of appeal
imposed is appellant shall file seven (7) copies of his brief with the
clerk of court which shall be accompanied by proof of
service of two (2) copies thereof upon the appellee
(Rule 124 Sec. 3).
REPLY BRIEF OF APELLANT
Within thirty (30) days from the receipt of the brief of
the appellant, the appellee shall file seven (7) copies of
the brief of the appellee with the clerk of court which
shall be accompanied by proof of service of two (2)
copies thereof upon the appellant. Within twenty (20)
days from receipt of the brief of the appellee, the
appellant may file a reply brief traversing matters raised
in the former but not covered in the brief of the
appellant (Rule 124 Sec 4).
EXTENSION TO FILE BRIEF
Extension of time for the filing of briefs will not be
allowed except for good and sufficient cause and only if
the motion for extension is filed before the expiration of
the time sought to be extended (Rule 124 Sec. 5).
The Court of Appeals may, upon motion of the appellee
or motu proprio and with notice to the appellant in
either case, dismiss the appeal if the appellant fails to
file his brief within the time prescribed by this Rule,
except where the appellant is represented by a counsel
de oficio.
The Court of Appeals may also, upon motion of the
appellee or motu proprio, dismiss the appeal if the
appellant escapes from prison or confinement, jumps
bail or flees to a foreign country during the pendency of
the appeal (Rule 124 Section 8).
Q: What is the effect of escape of accused from prison
while his case is pending appeal?
A: He is considered to have abandoned or withdrawn
his appeal.
SPEEDY/PROMPT DISPOSITION OF APPEAL
Appeals of accused who are under detention shall be
given precedence in their disposition over other
appeals. The Court of Appeals shall hear and decide the
appeal at the earliest practicable time with due regard
to the rights of the parties. The accused need not be
present in court during the hearing of the appeal.
• Oral argument in discretionary on the CA
• CA may just deliberate on the case.
No judgment shall be reversed or modified unless the
Court of Appeals, after an examination of the record
and of the evidence adduced by the parties, is of the
opinion that error was committed which injuriously
affected the substantial rights of the appellant (Rule 124
Sec. 1).
The Court of Appeals may reverse, affirm, or modify the
judgment and increase or reduce the penalty imposed
by the trial court, remand the case to the Regional Trial
Court for new trial or retrial, or dismiss the case (Rule
124 Sec. 11).
The Court of Appeals shall have the power to try cases
and conduct hearings, receive evidence. Trial In CA must
be completed within 3 months unless extended by Chief
Justice (Rule 124 Sec. 12).
Note: There are 23 divisions in the CA. 3 Divisions are
found in Cagayan and the other 3 in Cebu. Each
division has 3 Justices. Consisting of Chairman, senior
member and junior member (See Pamaran, Criminal
Procedure)
RULE 125
PROCEDURE IN SUPREME COURT
When the Supreme Court en banc is equally divided in
opinion or the necessary majority cannot be had on
whether to acquit the appellant, the case shall again be
deliberated upon and if no decision is reached after
re-deliberation, the judgment of conviction of the
lower court shall be reversed and the accused
acquitted (Rule 126 Sec. 3).
Note: A 2nd motion for reconsideration is not allowed in
trial courts and CA.
A 2nd or 3rd MR may be allowed but with leave of court
RULE 126
SEARCH AND SEIZURE
SEARCH WARRANT DEFINED
A search warrant is an order in writing issued in the
name of the People of the Philippines, signed by a judge
and directed to a peace officer, commanding him to
search for personal property described therein and
bring it before the court (Rule 126 sec. 1).
BOARD: Who is not authorized to issue a search
warrant?
a. First level judges
b. Appellate judges
c. Chief State Prosecutor
d. Newly appointed judges
Q: Which among the following must personally
determine the existence of probable cause for the
purpose of issuing a search warrant?
a. Judge
b. Prosecutor
c. Clerk of Court
d. Both a and C
Q: What do you call the examination of a person house,
paper and effects for the sole purpose of discovering
contrabands or any property which is connected to a
crime?
a. Raid
b. Search
c. Seizure
d. Frisk
WHICH COURT DO YOU APPLY FOR SEARCH
(a) Any Court within hose territorial jurisdiction a crime
was committed.
(b) For compelling reasons stated in the application, any
court within the judicial region where the crime was
committed if the place of the commission of the
 crime is known, or any court within the judicial
region where the warrant shall be enforced (Rule
126 Sec.2).
However, if the criminal action has already been
filed, the application shall only be made in the court
where the criminal action is pending.
BOARD: Which among the following venues for
application of search warrant is not correct?
a) Any court within whose territorial jurisdiction a crime
was committed.
b) Any court within the judicial region where the crime
was committed if the place of the commission of the
crime is known, or any court within the judicial
region where the warrant shall be enforced.
(c) If the criminal action has already been filed, the
application shall only be made in the court where the
criminal action is pending.
(d) Any Regional Trial Court in the Philippines.
PROPERTY THAT MAY BE SEIZED
(a) Subject of the offense;
(b) Stolen or embezzled and other proceeds, or fruits of
the offense; or
(c) Used or intended to be used as the means of
committing an offense (Rule 126 sec. 3).
REQUISITES FOR ISSUANCE OF SERACH WARRANT
1. Probable Cause
2. In connection with one specific offense
3. Personally determined by the judge
4. After examination under oath or affirmation of the
complainant and the witness he may produce
5. Particularly describing the place to be searched and
the things to be seized which may be anywhere in
the Philippines (Rule 126 Sec. 4).
BREAK IN
The officer, if refused admittance to the place of
directed search after giving notice of his purpose and
authority, may break open any outer or inner door or
window of a house or any part of a house or anything
therein to execute the warrant to liberate himself or
any person lawfully aiding him when unlawfully
detained therein (Rule 126. Sec. 7).
EXAMINATION OF COMPLAINANT
The judge must, before issuing the warrant, personally
examine in the form of searching questions and
answers, in writing and under oath, the complainant
and the witnesses he may produce on facts personally
known to them and attach to the record their sworn
statements, together with the affidavits submitted Rule
126 Sec. 5).
WITNESSES IN SEARCH
No search of a house, room, or any other premises shall
be made except in the presence of the lawful occupant
thereof or any member of his family or in the absence
of the latter, two witnesses of sufficient age and
discretion residing in the same locality (Rule 126 Sec. 8).
BOARD: The two-witness rule in executing a search
warrant is applicable where:
a. There is absence of the lawful occupant of the house
or any member of his family
b. In the absence of mind of the searching officer
TIME OF SEARCH
The warrant must direct that it be served in the
daytime, unless the affidavit asserts that the property is
on the person or in the place ordered to be searched, in
which case a direction may be inserted that it be served
at any time of the day or night (Rule 126. Sec. 9).
BOARD: As a general rule, the warrant of search must
be made:
a. On daytime
b. On nighttime
c. Both a and b
d. Anytime of the day
VALIDITY OF SEARCH WARRANT
A search warrant shall be valid for ten (10) days from its
date. Thereafter, it shall be void (Rule 126 Sec.10).
RECEIPT OF SEIZED PROPERTY
The officer seizing the property under the warrant must
give a detailed receipt for the same to the lawful
occupant of the premises in whose presence the search
and seizure were made, or in the absence of such
occupant, must, in the presence of at least two
witnesses of sufficient age and discretion residing in the
same locality, leave a receipt in the place in which he
found the seized property (Rule 126. Sec. 11)
SEARCH INCIDENTAL TO LAWFUL ARREST
A person lawfully arrested may be searched for
dangerous weapons or anything which may have been
used or constitute proof in the commission of an
offense without a search warrant (Rule 126. sec. 13).
GENERAL RULE: A LAW ENFORCER CANNOT SEARCH
ANOTHER WITHOUT A SEARCH WARRANT.
Exceptions: Even without a search warrant, a law
enforcer may search another in the following cases:
1. Search incidental to a lawful arrest
2. Search of moving vehicle;
3. Seizure of evidence in plain view;
4. Search in connection with enforcement of customs
law;
5. Consented search;
6. Search in state borders;
7. Search in emergency circumstances;
8. Stop and frisk
PROBABLE CAUSE, DEFINED
Probable cause- such reasons supported by facts and
circumstances, as will warrant a cautious man in the
belief that his actions and the means in prosecuting it
are legally just and proper.
SCATTER SHOT WARRANT, DEFINED
Scatter Shot Warrant- A search warrant issued for more
than one specific offense. This kind of warrant is void
and not allowed.
GENERAL SEARCH WARRANT, DEFINED
 General warrant- A search warrant which vaguely
describes and does not particularize the personal
properties to be seized without guidelines as to what
items might be lawfully seized. This is void.
 However, if by the nature of the goods to be seized,
their description must be general, it is not required
that the technical description be given, as this would
mean, that no warrant could be issued.
EXCLUSIONARY RULE, DEFINED
Exclusionary rule- A rule that commands that evidence
obtained by unreasonable search and seizure is to be
excluded as evidence and cannot be accepted as such.
FRUIT OF THE POISONOUS TREE, DEFINED
Fruit of the Poisonous Tree- a doctrine which says that
an unlawful search taints not only the evidence
obtained thereat but also facts discovered by reason of
said unlawful search.
SILVER PLATTER RULE, DEFINED
Silver Platter- A doctrine which allows evidence
obtained by the police in an illegal search and seizure as
admissible in court.
MIRANDA DOCTRINE, DEFINED
Miranda doctrine- a rule announced by the US Supreme
Court in Miranda vs. Arizona and adopted by Philippine
legal system which requires police officers to inform the
person arrested of his rights under the Constitution
PLAIN VIEW DOCTRINE, DEFINED
Plain View Doctrine- states that objects accidentally
seen by police officers in the course of a valid search
may be seized and admissible in evidence against the
accused.
KNOCK AND ANNOUNCE RULE, DEFINED
Knock and Announce Rule- A rule which says that before
executing a search warrant or breaking open any door
and other appurtenances, the authorities must give
notice of their purpose and authority first unless those
inside would have been alerted about their presence or
announcing their presence under the circumstances
would be dangerous or futile.
SAMPLES OF PROVISIONAL REMEDIES
 Preliminary Attachment
 Preliminary Injunction
 Appointment of a receiver
 Replevin
 Support Pendete Lite (Rule 127 Sec. 1)
ATTACHMENT
When the civil action is properly instituted in the
criminal action as provided in Rule 111, the offended
party may have the property of the accused attached as
security for the satisfaction of any judgment that may
be recovered from the accused in the following cases:
(a) When the accused is about to abscond from the
Philippines;
(b) When the criminal action is based on a claim for
money or property embezzled or fraudulently
misapplied or converted to the use of the accused
who is a public officer, officer of a corporation,
attorney, factor, broker, agent or clerk, in the course
of his employment as such, or by any other person in
a fiduciary capacity, or for a willful violation of duty;
(c) When the accused has concealed, removed, or
disposed of his property, or is about to do so; and
(d) When the accused resides outside the Philippines
(Rule 127. sec 2)
CRIMINAL PROCEDURE
Criminal procedure- the method prescribed by law for
the apprehension and prosecution of persons accused
of any criminal offense and for their punishment in case
of conviction.
BOARD: What is the nature of criminal procedure?
a. procedural/remedial law/adjective law
b. Substantive law
c. Highest or supreme law
d. Unalterable law
SOURCES OF CRIMINAL PROCEDURE
1. The Rules of Court (Rules 110-127);
2. BP 129;
3. Presidential Decrees;
4. Executive Orders;
5. Supreme Court decisions and resolutions.
(Jurisprudence)
BOARD: Date of approval of BP 129?
•Answer: This Act (BP 129) shall take effect
immediately.
• Approved: August 14, 1981
THREE (3) SYSTEMS OF CRIMINAL PROCEDURE
1. Inquisitorial system
a. The prosecution of crimes is wholly in the hands of
the court;
b. The procedure is characterized by secrecy;
c. The presence of the accused before the court is not
required.
2. Accusatorial system
d. Requires all crimes to be prosecuted by the public
prosecutor;
e. Trial is publicly conducted;
f. Accused has the right to be present at any stage of
the proceedings;
g. Accused is presumed innocent.
3. Mixed system
a. A mixture of the features of the two mentioned
system.
JURISDICTION
 it is the power given by the law to a court or tribunal
to hear and determine controversies.
 It is the authority of a court to hear and determine a
cause
CLASSES OF JURISDICTION
1. General jurisdiction- is the power of the courts to
adjudicate all controversies except those withheld
from it.
2. Special or limited jurisdiction- one which restricts
the court’s jurisdiction only to particular cases.
3. Original jurisdiction- the power of the court to take
cognizance of a case for the first time.
4. Appellate jurisdiction- the power of a court higher in
rank to re-examine the final order or judgment of a
lower court.
5. Exclusive jurisdiction- the power to adjudicate a
case to the exclusion of all other courts.
6. Concurrent, coordinate or confluent jurisdiction-
the power conferred upon different courts to take
cognizance of the same case.
7. Delegated jurisdiction- the authority to hear and
determine cadastral and registration cases.
BOARD: The authority of the court to take cognizance of
a case in the first instance is what is known as:
a. Appellate jurisdiction
b. Original jurisdiction
c. Criminal jurisdiction
d. None of the above
BOARD: Jurisdiction of the court is said to be a _______
jurisdiction when the law that created that court does
not contain an express enumerations of the causes
which it may take cognizance of.
a. General jurisdiction
b. Appellate jurisdiction
c. Limited jurisdiction
VENUE
• the particular geographical area, in which a court with
jurisdiction may hear and determine a case.
• It is simply the place of trial.
BOARD: This refers to the territorial unit where the
power of the court may be exercised. Which one is it?
a. Jurisdiction
b. Venue
c. Bench
d. Bar
Q: Under the 1987 Constitution, who has the power to
order a change of venue of trial in order to prevent
miscarriage of justice?
a. Sandiganbayan
b. People’s Court
c. Philippine National Red Cross
d. Supreme Court
BENCH AND BAR
Bar – refers to the legal profession or all lawyers.
Bench – refers only to judges and justices.
CRIMINAL JURISDICTION
The power of a tribunal to hear and try an offense and
impose the appropriate punishment.
REQUISITES OF CRIMINAL JURISDICTION
1. Jurisdiction over the person of the accused
2. Jurisdiction over the subject matter;
3. Jurisdiction over the territory.
HOW COURT ACQUIRES JURISDICTION
A court may acquire jurisdiction over the person of the
accused in the following:
1. upon his arrest with or without warrant; and or
2. by voluntary submission of the accused either by
posting bail, filing a motion to quash, or appearing at
the arraignment.
Q: Criminal jurisdiction over the subject matter of a case
is determined by which of the following?
a. By the law enforced at the time of the commission of
the crime
b. By the law enforced at the time of the filing
(institution) of the crime.
c. By the law enforced at the time of the
discovery of the crime.
NOTE
 The jurisdiction of a court to try a criminal case is to
be determined at the time of the institution of the
action, not at the time of the commission of the
offense.
 In criminal cases, the jurisdiction of the court is
determined by the law at the time of the
commencement of the action.
 What determines the jurisdiction of the court in
criminal cases is the extent of the penalty which the
law imposes for the misdemeanor, crime or violation
charged in the complaint
HOW DOES THE COURT ACQUIRE JURISDICTION OVER
A CASE?
Jurisdiction of a court over a criminal case is determined
by the allegations in the complaint or information.
CRIMINAL JURISDICTIONS
A. Metropolitan Trial Courts, Municipal trial Courts
and Municipal Circuit Courts:
1. Exclusive original jurisdiction over all violations of
city or municipal ordinances committed within
their respective territorial jurisdiction;
2. Exclusive original jurisdiction over all offenses
punishable with imprisonment not exceeding six
(6) years irrespective of the amount of the fine,
and regardless of other imposable accessory or
other penalties. They shall also have exclusive
original jurisdiction in offenses involving damage
to property through criminal negligence.
B. Regional Trial Courts:
1. Exclusive original jurisdiction in all criminal cases
not within the exclusive jurisdiction of any court,
tribunal or body, except those falling under the
exclusive and concurrent jurisdiction of the
Sandiganbayan.[1]
2. Appellate jurisdiction over all cases decided by
MTC, MET, and MCTC in their respective
territorial jurisdiction.
Therefore, all criminal cases wherein the penalty
provided by the law is higher than six years are
cognizable by the RTC.
BOARD: “Court of First Instance” was the former name
of:
a. RTC
b. CA
c. SC
d. MTC
e. Family Courts
FAMILY COURTS
1. Exclusive original jurisdiction over criminal cases
where one or more of the accused is below eighteen
years of age, or where one or more of the victim is a
minor at the time of the commission of the offense.
COURT OF APPEALS
1. Exclusive appellate jurisdiction over the annulment
of judgments of Regional Trial Courts; and
2. Exclusive original jurisdiction over all final
judgments, decisions, resolutions, orders or awards
of RTC, boards or commissions etc.
SANDIGANBAYAN
1. Exclusive original jurisdiction in all cases involving
violations of RA 3019[1], RA 1379[2] and Title VII
Book Two of the revised Penal Code, where one or
more of the accused are officials occupying the
following positions in the government whether in
permanent, acting or interim capacity, at the time of
the commission of the offense:
Officials of the executive branch occupying the
position of regional director and higher otherwise
classified as grade 27 and higher, of the
Compensation and Position Classification Act of 1989
(RA 6758)
[1] Anti-Graft and Corrupt Practices Act
[2] Act Declaring Forfeiture of Ill-Gotten Wealth of
Public Officers and Employees
SUPREME COURT
It has the power to review and revise modify or affirm
all criminal cases in which the penalty is reclusion
Perpetua or higher
BOARD: The administration and supervision of all courts
in the Philippines is under:
a. President
b. Congress
c. Supreme Court
BOARD: The NPS (National Prosecution Service is under:
a. DOJ
b. DILG
c. PNP
d. Supreme Court
REVISED RULES ON SUMMARY PROCEDURES (RSP)
This rule shall govern the summary procedure in the
Metropolitan Trial Courts, the Municipal Trial Courts in
Cities, the Municipal Trial Courts, and the Municipal
Circuit Trial Courts.
RSP APPLICABLITY IN CRIMINAL CASES
(1) Violations of traffic laws, rules and regulations;
(2) Violations of the rental law;
(3) Violations of municipal or city ordinances;
(4) All other criminal cases where the penalty prescribed
by law for the offense charged is imprisonment not
exceeding six months, or a fine not exceeding
(P1,000.00), or both, irrespective of other imposable
penalties, accessory or otherwise, or of the civil
liability arising therefrom: Provided, however, that in
offenses involving damage to property through
criminal negligence, this Rule shall govern where the
imposable fine does not exceed ten thousand pesos
(P10,000.00).
BOARD: This procedure is an abbreviated trial type of
proceedings which allows the affidavit or counter
affidavits of the parties and their witnesses as their
direct oral testimony, subject to cross examination
however.
a. Regular procedure
b. Criminal Procedure
c. Summary Procedure
d. Inquest Proceedings.
BOARD: Which is not covered by the rules on summary
procedure?
(a) violations of city or municipal ordinances.
(b) criminal cases exceeding six months
(c) Violations of municipal or city ordinances;
(d) All other criminal cases where the penalty prescribed
by law for the offense charged is imprisonment not
exceeding six months,
THE ENGLISH AND FRENCH RULE IN CRIMINAL
JURISDICTION
 French Rule – crimes committed aboard a foreign
merchant vessel while under the territorial waters of
another state are not triable in that country (Except:
the crime affects the peace of that country.
 English Rule - crimes committed aboard a foreign
merchant vessel while under the territorial waters of
another state are triable in that country. (Except:
the crime does not affect the security of the state.)
ALIBI
A plea that the accused was at some other place when
the crime was committed. It is known as the “weakest
defense”.
COURT STAFF
• CLERK OF COURT
• PROCESS SERVER
•STENOGRAPHER
• LEGAL RESERACHER
• SHERIFF
• INTERPRETER
Q: Among the court staff, who is taking charge of the
administrative business of the court and supervises all
other court staff in the absence of the judge?
a. Clerk of court
b. Process server
c. Interpreter
d. Sheriff
BOARD: Anything that pertains to the law or arising The judge sits behind a raised desk, known as the
from it which is authorized because it is in conformity bench.
with the positive law is said to be:  The courtroom is divided into two parts by a barrier
a. Illegal known as the bar. The bar may be an actual railing,
b. Legal or an imaginary barrier. (The bailiff stands or sits)
c. Moral against one wall and keeps order in the courtroom,
d. Immoral no bailiff in the Philippines however, bailiff is an
American term)
BOARD: It came rom the Latin term juris prudentia,  Gallery – is the portion where the public sits and
which means "the study, knowledge, or science of law"; watch the court proceedings.
It implies anything that belongs to the court or use in  Jury box – At the side or corner of the judge is where
legal proceedings. the jury observes the proceedings, this is known as
a. Jurisprudence the jury box.
b. Case law  Judge’s Chamber – is the judge’s private room
located near his courtroom. This is where he usually
BOARD: What is the Supreme or highest law of the takes brief rest and other court activities.
Philippines and to which all other laws must conform
to? FORUM SHOPPING
a. Constitution The practice of filing multiple suits on different courts
b. Will of the People based on the same cause of action. This is not allowed
c. Vox Populi Vox Dei and is a ground for dismissal of the case filed by the
d. Ten Commandments guilty party.

BOARD: What clause/law in the Philippine Constitution LANGUAGE USED IN THE COURTROOM
requires government to treat similarly situated persons Since the courts' creation, English had been used in
equally? court proceedings. But for the first time in Philippine
a. Due process clause judicial history, or on August 22, 2007, three Malolos
b. Equal protection clause City regional trial courts in Bulacan will use Filipino,
c. Santa Clause to promote the national language. Twelve
stenographers from Branches 6, 80 and 81, as model
BOARD: It is an organ of the government other than the courts, had undergone training at Marcelo H. del Pilar
court which affects the rights of a party through College of Law of Bulacan State University College of
adjudication or rule making. Law following a directive from the Supreme Court of the
a. Quasi-judicial organ Philippines. De la Rama said it was the dream of Chief
b. Judicial organ Justice Reynato Puno to implement the program in
c. Sex organ other areas such as Laguna, Cavite, Quezon, Nueva
d. Bamboo organ Ecija, Batangas, Rizal and Metro Manila
(enwikipedia/supremecourt).
PRO HAC VICE, MEANS
a. For this occasion only GAVEL
b. A class of itself  GAVEL, DEFINED- miniature mallet/hammer like
device usually made of wooden material used by the
SUI GENERIS, MEANS judge in court proceedings.
a. A class of itself  A gavel is a small ceremonial mallet commonly made
b. For this occasion only. of hardwood, typically fashioned with a handle and
often struck against a sounding block to enhance its
sounding qualities. It is a symbol of the authority and
right to act officially in the capacity of a chair or
presiding officer. It is used to call for attention or to
punctuate rulings and proclamations. It is
customarily struck to indicate the opening (call to
order), keep the meeting itself calm and orderly, and
the closing (adjournment) of proceedings, giving rise
to the phrase gavel-to-gave lto describe the entirety
of a meeting or session.
 En.wikipedia.org/gavel. Accessed August 20, 2013,
5:34 PM
COURT TESTIMONY USES OF GAVEL
 To save time, gavels are used exclusively to cut off
 Courtroom – The enclosed space in which a a judge prosecutors, defense attorneys, or witnesses.
regularly holds the court.  Gavels are also used to restore order, and the
 Docket - the schedule of official court proceedings is striking of a gavel also can signify the end of an issue.
called a docket. It may also be called calendar of  The gavel is used to signal the start and end of court
cases. sessions.
 What is the piece of wood a judge strikes his gavel
against called?
- The piece of wood they hit with the gavel is called
the "sound block" or the "sound board”.
JUDGES MUST WEAR BLACK ROBES
 Pursuant to Sections 5 and 6, Article [VIII] of the
Constitution and in order to
 heighten public consciousness on the solemnity of
judicial proceedings, it is hereby directed that
beginning Tuesday, August 1, 1989, all Presiding
Judges of all Trial Courts shall wear black robes
during sessions of their respective Courts.
 Judges clothed in robes, not only, that they who
witness the administration of justice should be
properly advised that the function performed is one
different from, and higher, than that which a man
discharges as a citizen in the ordinary walks of life;
but also, in order to impress the judge himself with
the constant consciousness that he is a high priest in
the temple of justice and is surrounded with
obligations of a sacred character that he cannot
escape and that require his utmost care, attention
and self-suppression.
 Consequently, a judge must take care not only to
remain true to the high ideals of competence and
integrity his robe represents, but also that he wears
one in the first place. (SEE TIONGCO vs. SAVILLO
March 31, 2006)
 A.C. No. 25 dated June 9, 1989.
ATTIRES FOR LAWYERS
• Long sleeve Barong or Coat and Tie with Blazer for
men and slacks.
• Corporate decent attire for women/Filipiniana
ATTIRES FOR WITNESSES
• Decent dress no shorts pants, spaghetti straps, mini
skirts.
• For professional witnesses such as those in the
government service their uniforms are desired such as a
policeman as a witness must come in court in full
uniform.
THE JUSTICE ON WHEELS PROGRAM
• Also known as mobile courts.
• Chief Justice Hilario Davide was the innovator.
• Patterned from Guatemala
MANDATED COURT SESSIONS
 Mondays to Fridays
 The session hours of all Regional Trial Courts,
Metropolitan Trial Courts, Municipal Trial Courts in
Cities, Municipal Trial Courts and Municipal Circuit
Trial Courts shall be from 8:30 A.M. to noon and
from 2:00 P.M. to 4:30 P.M. from Monday to Friday.
 The hours in the morning shall be devoted to the
conduct of trial, while the hours in the afternoon
shall be utilized for (1) the conduct of pre- trial
conferences; (2) writing of decisions, resolutions, or
orders; or (3) the continuation of trial on the merits,
whenever rendered necessary, as may be required
by the Rules of Court, statutes, or circular in
specified cases.
 Administrative Circuar 3-99, dated January 15, 1999.
FRIDAYS ARE MOTION DAYS
Fridays are motion days in courts (which is somewhat
not uniform practice and not followed?
THE COURT CALENDAR
Lists of cases that are scheduled to be heard on a
particular day usually placed or posted outside the
courtroom.
COURT PERSONNEL AND STAFF
• PRESIDING JUDGE
• CLERK OF COURT
•OFFICER IN CHARGE
• STENOGRAPHER
• LEGAL RESEARCHER
• INTERPRETER
• SHERIFF
• PROCESS SERVER
CALL TO ORDER
 This takes place when the judge enters the
courtroom and the clerk announces his presence by
stating the name of the judge. The call to order
requires
 Everyone must rise
 Everyone must remain silent
 Everyone must stand in attention and refrain from
doing anything as a show of respect to the man in
robe.
 Cellphones and other noise emitting judges must be
turned off or placed on silent modes.
CONTEMPT OF COURT
CONTEMPT OF COURT – Is disobedience to the court by
acting in opposition to its authority, justice and dignity.
It may be:
 Direct Contempt (in facie curiae) – One committed
in the presence of or so near a court or judge as to
obstruct or interrupt proceedings before it.
 Indirect Contempt – Contempt committed out of the
court or not in the presence of the court.
 De Lima vs. Gallardo, 77 SCRA 290
ECUMENICAL PRAYERS FOR THE COURTS
Almighty God, we stand in Your Holy Presence as our
Supreme Judge. We humbly beseech You to bless and
inspire us so that what we think, say and do will be in
accordance with Your will.
Enlighten our minds, strengthen our spirit and fill our
hearts with fraternal love, wisdom and understanding,
so that we can become effective channels of truth,
justice and peace.
In our proceedings today, guide us in the path of
righteousness for the fulfillment of Your greater glory.
Amen.
ROLL CALL OF CASES
It happens when the clerk announces the lists of cases
to be heard followed by the declarations of the lawyers
for the litigants of their presence and preparations for
trial.
ARRAIGNMENT
Arraignment may also be defined as the reading of the
criminal complaint or information to the defendant by
the judge or clerk, and the delivering to him of the copy
thereof, including a list of witnesses and asking him
whether he pleads guilty or not guilty.
 SUBPOENA – a process directed to a person
requiring him to attend and to testify in court.
 Subpoena ad testificandum – compelling the
attendance of a person to testify
 Subpoena duces tecum – a witness is ordered to
produce document in court.
 COUNSEL DE OFFICIO – a lawyer appointed by the
court to defend the case of a destitute or indigent
litigant/accused before it.
 COUNSEL DE PARTE – If a party/accused can afford
to pay a private lawyer, he is employing a counsel de
parte.
 BENCH WARRANT – a warrant of arrest orally issued
by the judge during court sessions normally if the
accused did not appear during court hearings
especially during the arraignment.
 JUMP BAIL – A term used if the accused does not
appear in court anymore after his bail has been
granted by the court.
 CASE ARCHIVED – This takes place if the accused
never appeared in the court even during the
arraignment. Case will be reacticated once he is
arrested.
 TRIAL IN ABSENTIA – This takes place when the
accused appeared during the arraignment, but does
not appear anymore in subsequent proceeding
stages, in which case trial will still proceed as long as:
 he has been notified of the trail dates
 his failure to appear was unjustifiable he had
been arraigned
THE COURT ANNEXED MEDIATIONS (CAM)
What is MEDIATION? Mediation is a process of settling
disputes with the assistance of an acceptable, impartial
and neutral third party called a mediator. The mediator
helps parties identify issues and develop proposals to
resolve their disputes. Once the parties have arrived at
a mutually acceptable arrangement, the agreement
becomes the basis for the court’s decision on the case.
This form of mediation is also known as court-annexed
mediation since the case has already been filed in court.
Pmc.judiciary.com.ph
CASES COVERED BY MEDIATION
 All civil cases, settlement of estates and cases
covered by the Rule on Summary Procedure. Typical
cases would be collection of debts, ejectment of
tenants in apartment dwellings, and inheritance
disputes among family members.
 Cases cognizable by the Lupong Tagapamayapa
under the Katarungang Pambarangay Law such as
disputes between neighbors of the same barangay
over property.
 The civil aspect of Batas Pambansa 22, which covers
the debts paid through bouncing checks.
 The civil aspect of quasi-offenses under negligence
like motor vehicle accidents that has damaged the
vehicle or injured passengers or pedestrians.
What is Judicial Dispute Resolution? Judicial Dispute
Resolution (JDR) is another innovation in the Philippine
court system. When court-annexed mediation fails, the
case is brought to the judge who then acts as a
conciliator, a neutral evaluator and a mediator. The
judge will try to mediate the case. If the judge’s
intervention as a mediator succeeds, the case is
concluded with a judgment based on a compromise. If
the dispute is still unresolved, then the case is referred
to another judge for trial. Both parties must now be
prepared for litigation.
PRE-TRIAL DEFINED – a CONFERENCE BETWEEN THE
COURT AND THE COUNSEL TO CONSIDER THE
SIMPLIFICATION OF ISSUES, THENECESSITY OR
DESIRABILITY OF AMNEDMENT TO THEPLEADINGS,
THE POSSIBILITY of obtaining admissions to avoid
unnecessary proofs, the number of witnesses and such
other matters that will aid in the disposition of the
action.
 In all criminal cases cognizable by the
Sandiganbayan, Regional Trial Court, Metropolitan
Trial Court, Municipal Trial Court in Cities, Municipal
Trial Court and Municipal Circuit Trial Court, the
court shall, after arraignment and within thirty (30)
days from the date the court acquires jurisdiction
over the person of the accused, order a pre-trial
conference
MATTERS TAKEN UP AT PRE TRIAL
(a) plea bargaining;
(b) stipulation of facts;
(c) marking for identification of evidence of the parties;
(d) waiver of objections to admissibility of evidence;
(e) modification of the order of trial if the accused
admits the charge but interposes a lawful defense;
and
(f) such matters as will promote a fair and expeditious
trial of the criminal and civil aspects of the case.
 The prosecution marks its documentary
evidence by affixing LETTERS to them.
 The defense marks its documentary evidence
by affixing NUMBERS to them.
TRIAL
TRIAL DEFINED- THE EXAMINATION OF THE COURT OF
THE FACTS IN ISSUE
ENTRY OF APPEARANCES – The lawyers both for the
prosecution and the defense introduce themselves and
signify their readiness.
PRO SE PRACTICE – the term used in case the accused
does not wish to avail himself of a lawyer whether de
officio or de parte and relies on himself to defend
himself in court. This practice may or may not be
allowed by the court. If allowed the party takes his own
risk and is generally considered inadvisable.
PRESENTATION OF EVIDENCE EXAMINATION OF
WITNESSES
WITNESS STAND/CHAIR – The place in the
courtroom where the witness shall sit down and testify.
SWEARING IN OF A WITNESS – Stage before the
witness testifies and before he takes the witness chair,
whereby he swears to tell the truth, the whole truth
and nothing but the truth, and in most cases calling the
invocation to God that he could be impliedly.
 Punished if he were not to tell the truth. Under the
laws of men he could be held liable for perjury or
false testimony as the case may be if proven to be
lying.
 SIR/MAAM – Is how the witness should address
prosecutors and lawyers during his testimony.
 YOUR HONOR – is how everyone should address the
judge inside the courtroom
 2nd Call (or third call and so on) – is how lawyers
and litigants should reply when their cases are called
upon, but they are not yet ready and buys some few
more time from the judge.
 Permission to leave your honor – is the standard
statement when one tries to be excused from the
courtroom and hearing is on-going.
 Section 1. Examination to be done in open court. —
The examination of witnesses presented in a trial or
hearing shall be done in open court, and under oath
or affirmation. Unless the witness is incapacitated to
speak, or the questions calls for a different mode of
answer, the answers of the witness shall be given
orally.
 OFFER OF TESIMONY – before the actual questioning
or direct examination of the witness, the counsel
must state/recite in open court the substance of the
testimony of the witness and the things they intend
to prove. This is known as the offer of testimony.
GROUNDS FOR OBJECTION QUESTIONS ARE EITHER
 Indefinite or uncertain
 Irrelevant
 Argumentative
 Calls for conclusion of law
 Calls for illegal answer
 Calls for opinion or hearsay
 Calls for incriminating answer
 Leading
 Misleading
 Degrading
 Repetitious
 Violative of the parole or best evidence rule
 Violative of the rule on privilege communications
OVERRULED AND SUSTAINED OBJECTIONS
 If objection is sustained – the witness cannot
answer the question (but the judge may either say
reform the question or go to another point to the
lawyer)
 If the objection is overruled – the witness may
answer the question.
ORDER IN THE EXAMINATIONS OF WITNESS
Order in the examination of an individual witness. —
The order in which the individual witness may be
examined is as follows:
(a) Direct examination by the proponent;
(b) Cross-examination by the opponent;
(c) Re-direct examination by the proponent;
(d) Re-cross-examination by the opponent
WITH THE KIND PERMISSION OF THE HONORABLE
COURT – The standard utterance of the lawyers before
actually proceeding to their direct, cross, re direct and
re cross examination.
THAT IS ALL OR THAT WOULD BE ALL – The standard
utterance of the examining lawyers once he is finished
questioning the witness.
(ANY CROSS EXAM?) or (CROSS?) – standard utterance
of the judge in asking whether the defense lawyer
intends to conduct cross examinations.
NO CROSS EXAMINATION, YOUR HONOR – the
standard answer of a lawyer if he does not intend to
make any cross examination.
POINTING TO THE ACCUSED OR TAPPING HIS
SHOULDER – The usual way of identifying the accused
inside the courtroom made by the witness or the
complainant upon being asked to do so either by the
prosecuting lawyer or by the judge.
LEADING QUESTIONS
LEADING QUESTIONS, DEFINED - A question which
suggests to the witness the answer which the examining
party desires is a leading question. It is not allowed,
except:
(a) On cross examination;
(b) On preliminary matters;
(c) When there is a difficulty is getting direct and
intelligible answers from a witness who is ignorant,
or a child of tender years, or is of feeble mind, or a
deaf-mute;
(d) Of an unwilling or hostile witness; or
(e) Of a witness who is an adverse party or an officer,
director, or managing agent of a public or private
corporation or of a partnership or association which
is an adverse party
MISLEADING QUESTIONS
MISLEADING QUESTION, DEFINED - A misleading
question is one which assumes as true a fact not yet
testified to by the witness, or contrary to that which he
has previously stated. It is not allowed
EXCLUSION AND SEPARATION OF WITNESSES
 On any trial or hearing, the judge may exclude from
the court any witness not at the time under
examination, so that he may not hear the testimony
of other witnesses.
 The judge may also cause witnesses to be kept
separate and to be prevented from conversing with
one another until all shall have been examined
 Rule 132, Section 15.
DOCUMENTARY EVIDENCE MUST BE IN
ENGLISH/FILIPINO
Documentary evidence in an unofficial language. —
Documents written in an unofficial language shall not be
admitted as evidence, unless accompanied with a
translation into English or Filipino. To avoid interruption
of proceedings, parties or their attorneys are directed to
have such translation prepared before trial
Rule 132. Sec. 33
OFFER OF EVIDENCE
Offer of evidence. — The court shall consider no
evidence which has not been formally offered. The
purpose for which the evidence is offered must be
specified
TIME OF MAKING OFFER
When to make offer. — As regards the testimony of a
witness, the offer must be made at the time the witness
is called to testify.
Documentary and object evidence shall be offered after
the presentation of a party's testimonial evidence. Such
offer shall be done orally unless allowed by the court to
be done in writing (Rule 132 Sec. 35)
Rule 132. Sec. 34
Rule 132. Sec. 35
WHEN TO MAKE OBJECTION/TIMELINESS
Objection. — Objection to evidence offered orally must
be made immediately after the offer is made.
 Objection to a question propounded in the course of
the oral examination of a witness shall be made as
soon as the grounds therefor shall become
reasonably apparent.
 An offer of evidence in writing shall be objected to
within three (3) days after notice of the unless a
different period is allowed by the court.
 In any case, the grounds for the objections must be
specified. (Rule 132 Sec. 36).
 Rule 132. Sec. 36.
STRIKING OUT ANSWER
Striking out answer. — Should a witness answer the
question before the adverse party had the opportunity
to voice fully its objection to the same, and such
objection is found to be meritorious, the court shall
sustain the objection and order the answer given to be
stricken off the record.
On proper motion, the court may also order the striking
out of answers which are incompetent, irrelevant, or
otherwise improper
Rule 132. Sec. 39.
TENDER OF EXCLUDED EVIDENCE
Tender of excluded evidence. — If documents or things
offered in evidence are excluded by the court, the
offeror may have the same attached to or made part of
the record. If the evidence excluded is oral, the offeror
may state for the record the name and other personal
circumstances of the witness and the substance of the
proposed testimony
Rule 132, Sec. 40.
OFF THE RECORD STATEMENTS
Judge may order certain part of the court proceedings
to be unrecorded by putting of the tape recorder and
the stenographer does not write the proceedings for a
moment. This is allowed and tolerated.
IN CHAMBER CONFERENCE
Judge may request or order the parties and lawyers to
proceed to his chamber to talk about a certain matter.
JUDGMENT
Judgment is the adjudication by the court that the
accused is guilty or not guilty of the offense charged and
the imposition on him of the proper penalty and civil
liability, if any. It must be written in the official
language, personally and directly prepared by the judge
and signed by him and shall contain clearly and
distinctly a statement of the facts and the law upon
which it is based.
Rule 120. Sec. 1
SIN PERJUICIO JUDGMENT – a judgment without stating
any of the facts in support of the court’s decision. It
does not contain a statement of the facts which are
essential to a clear understanding of the issues
presented by the respective parties as to the facts
involved.
FALLO – The dispositive part of the order which is the
real judgment in a case of litigation.
OBITER DICTUM – a judge’s personal opinion (or
remark) expressed by the court in its decision which is
not necessary to the decision of the case before it.
STARE DECISIS – The doctrine that, when the court has
once laid a principle of law as applicable to a certain
state of facts it will adhere to that principle and apply it
to all future case where the facts are substantially the
same.
APPELLANT – the designation of the losing party if he
will appeal his lost case in a higher court.
APPELLEE – the designation of the party against whom
the appeal is taken. He is the opponent of the appellant
• See Director of Lands vs. Sanz 45 PHIL 119.
• Archibishop of Manila vs. Director of Lands, 35 PHIL
350.
• Government vs Jalandodi, 44 OG 1840, cited in
Federico B. Moreno, Philippine Legal Dictionary, 3rd
edition page 902.
EN BANC, MEANING
Refers to court sessions with the entire membership of
a court participating rather than the usual quorum
PONENTE
Writer or author of the decision of the court

PER CURIAM DECISION
• The writer or author of the decision is anonymous or
not known.
• COLLEGIATE COURTS
• Supreme Court
• Court of Appeals
• Sandiganbayan
• Court of Tax Appeals
JUDGES AND JUSTICES HAVE SECURITY OF TENURE
 Shall hold office during good behavior
 Until they reach the age of 70.
 Or unless sooner removed for cause.
JUDICIAL POWER, DEFINED
 The judicial power shall be vested in one Supreme
Court and in such lower courts as may be established
by law.
 Judicial power includes the duty of the courts of
justice to settle actual controversies involving rights
which are legally demandable and enforceable, and
to determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of the Government.
THE OFFICE OF THE SOLICITOR GENERAL (PD 478)
The Office of the Solicitor General shall represent the
Government of the Philippines, its agencies and
instrumentalities and its officials and agents in any
litigation, proceeding, investigation or matter requiring
the services of a lawyer.
 PROTOCOL PLATES
 PRESIDENT
 VICE PRESIDENT
 SENATE PRESIDENT
 SPEAKER OF THE HOUSE
 CHIEF JUSTICE OF THE SUPREME COURT
 CABINET SECRETARY
 SENATOR
 CONGRESSMAN
 ASSOCIATE JUSTICE SUPREME COURT
 COURT OF APPEALS JUSTICE/SOLGEN
 COMELEC CHAIRMAN
 CABINET UNDERSECRETARY
 AFP AND PNP CHIEF
RA 9406
AN ACT REORGANIZING AND STRENGTHENING THE
PUBLIC ATTORNEY'S OFFICE (PAO)
 The Citizen's Legal Assistance Office (CLAO) is
renamed Public Attorney's Office (PAO). It shall
exercise the powers and functions as are now
provided by law for the Citizen's Legal Assistance
Office or may hereafter be provided by law.
 "The PA0 shall be the principal law office of the
government in extending free legal assistance to
indigent persons in criminal, civil, labor,
administrative and other quasi-judicial cases."
 Franking Privilege. - The PAO may transmit through
ordinary mail and/or registered mail with return
card, free of charge, all official communications and
papers directly connected with the conduct of its
duties, function and/or its exercise of administrative
supervision over its personnel.
 MERITT TEST- if assistance of the PAO will be in aid
or in furtherance of justice
 A case is unmeritorious if it has no chances of
success or intended merely to harass or injure the
opposite party or work oppression or wrong. PAO
must decline
 Those residing in Metro Manila whose family income
does not exceed 14k.
 Those residing in other cities whose family income
does not exceed 13k
 Those residing in other places whose family income
does not exceed 12k a month.
INDIGENT LABORERS IN MERITORIUS LABOR CASES.
 Indigent alines
 Baranggay health workers
 Members of the national press club
 PNP MEMBERS from POI TO PO3
 Members of press photographers of the Philippines.
 Immediate family members and relatives up to 4th
degree of consanguinity or affinity of public attorney.
 PAO personnel in criminal cases.
REPUBLIC ACT No. 6033
AN ACT REQUIRING COURTS TO GIVE PREFERENCE TO
CRIMINAL CASES WHERE THE PARTY OR PARTIES
INVOLVE ARE INDIGENTS.
 The term "indigent" shall refer to a person who has
no visible means of income or whose income is
insufficient for the subsistence of his family, to be
determined by the fiscal or judge, taking into
account the members of his family dependent upon
him for subsistence.
REPUBLIC ACT No. 6034
AN ACT PROVIDING TRANSPORTATION AND OTHER
ALLOWANCES FOR INDIGENT LITIGANTS.
REPUBLIC ACT No. 6035
AN ACT REQUIRING STENOGRAPHERS TO GIVE FREE
TRANSCRIPT OF NOTES TO INDIGENT AND LOW-
INCOME LITIGANTS AND PROVIDING A PENALTY FOR
THE VIOLATION THEREOF.
(THE LAPID LAW) REPUBLIC ACT NO. 9999
AN ACT PROVIDING A MECHANISM FOR FREE LEGAL
ASSISTANCE AND FOR OTHER PURPOSES
This Act shall be known as the "Free Legal Assistance
Act of 2010".
REPUBLIC ACT NO. 7309 March 30, 1992
AN ACT CREATING A BOARD OF CLAIMS UNDER THE
DEPARTMENT OF JUSTICE FOR VICTIMS OF UNJUST
IMPRISONMENT OR DETENTION AND VICTIMS OF
VIOLENT CRIMES AND FOR OTHER PURPOSES
 Award Ceiling. – For victims of unjust imprisonment
or detention, the compensation shall be based on
the number of months of imprisonment or detention
and every fraction thereof shall be considered one
month; Provided, however, that in no case shall such
 compensation exceed One Thousand pesos return for the agreement of the client to pay the
(P1,000.00) per month. lawyer a portion of the thing or property that might
 In all other cases, the maximum amount for which be won or recovered in the trial or litigation. This is
the Board may approve a claim shall not exceed Ten unethical for the lawyer and hence illegal.
thousand pesos (P10,000.00) or the amount  Ambulance Chasing – the prohibited practice of a
necessary to reimburse the claimant the expenses lawyer in constantly and unethically offering his legal
incurred for hospitalization, medical treatment, loss services to clients. This is unethical and is not
of wage, loss of support or other expenses directly allowed.
related to injury, whichever is lower. This is without
prejudice to the right of the claimant to seek other AMICI QUIZ
remedies under existing laws.
1. Within how many days after arraignment and
MCLE from the date the court acquires jurisdiction over the
MANDATORY CONTINUING LEGAL EDUCATION (BAR person of the accused shall order a pre-trial
MATTER NO. 850) conference*
 Continuing legal education is required of members of a. 30 days
the Integrated Bar of the Philippines (IBP) to ensure b. 15 days
that throughout their career: c. 20 days
 they keep abreast with law and jurisprudence, d. d. 60 days
 maintain the ethics of the profession and
 enhance the standards of the practice of law. 2. The order of trial is:*
a. Prosecution, accused, rebuttal and surrebuttal
LEGAL ETHICS b. Prosecution, cross, redirect, re-cross
 That branch of moral science which treats of the c. Direct, cross, re-cross, re direct
duties which an attorney owes to the court, to his d. Direct, cross, rebuttal, and surrebuttal
client, to his colleagues in the profession and to the
public. 3. Refers to items such as dolls, puppets, drawings,
 Legal ethics is designed to guard against abuses in mannequins or any other appropriate demonstrative
the profession such as dishonesty, deceit, device to assist him in testimony.*
immorality, negligence, sloth, and many forms of 1/1
malpractice a. Testimonial aids
b. Emotional security items
BAR AND BENCH c. support
Refers to the whole body of counselors; they are the d. none of these
members of the legal profession; figuratively called the
bar to distinguish from the bench which denote the 4. It is the judicial examination and determination
whole body of judges. of the issue in an action or proceeding, civil or
 Lawyer – a person authorized to practice law. A criminal.*
general term for a person trained in the law. a. pre-trial
 Trial lawyer – a person who personally handles cases b. trial
in court, administrative agencies. Engaging in actual c. plea bargaining
trial works. d. Judgment
 Practicing lawyer – one engaged in the practice of
law. 5. The party appealing the case shall be called?*
a. appellant
 Counsel de officio – a counsel, appointed or assigned b. accused
by the court from such members of the bar in good c. Appellee
standing who by reason of their experience and d. Defendant
ability, may adequately defend the accused.
 He is a lawyer or attorney appointed by the court to 6. It refers to the geographical division or
represent a party, usually an indigent defendant in a territorial limit where the power of the court is
criminal case exercised and which is jurisdictional in criminal
case.*
PRACTICE OF LAW a. Venue
Means any activity in or out of court which requires the b. Jurisprudence
application of law, legal procedure, knowledge, training c. jurisdiction
and experience. d. court

AMICUS CURIAE 7. It is the system or criminal procedure which is

Amicus Curiae – literally, “friend of the court”. Are characterized by secrecy of investigation and the
experienced and impartial attorneys that may be invited option of the defense and prosecution to appeal.*
by the court to appear as amicus curiae a. Inquisitorial
 Champertous contract – A contract whereby the b. mixed
lawyer agrees to pay the expenses of litigation in c. accusatorial
d. fixed
8. Under the Rules on Summary Procedures, the
following pleading are prohibited except:*
a. motion to quash
b. bill of particular
c. answer
d. demurrer to evidence
9. Pre-trial process is where the parties stipulate
on facts and evidence. What, in general, is the
purpose of pre-trial?*
a. To settle the civil aspect of the criminal case
b. To comply with the Order of the Court to expedite
the court process
c. To determine matters that will promote a fair
and expeditious trial of the case
d. To determine if the accused will enter into a plea
of guilty
10. It is a type of a question that can be allowed in
all stages of examination of a child, if the same will
further the interest of justice.*
a. leading questions
b. relevant
c. misleading
d. Narrative
11. In all criminal cases, the accused is presumed
innocent. Thus, the prosecution has the burden of
proof. Between the accused and the prosecution,
who should present the evidence first?*
a. The accused
b. The prosecution
c. It is up to the court
d. None of these
12. Which of the following suggests to the witness
the answer which the examining party desires?*
A. Misleading questions
B. Leading questions
C. Suggestive questions
D. Direct questions
13. Which of the following is a ground for discharge
of an accused to be state witness:*
a. there is absolute necessity for the testimony of the
accused.
b. said accused does not appear to be the most guilty
c. said accused has not been convicted of a crime
involving moral turpitude/
d. all of the choices
14. Is the designation of the party against whom the
appeal is taken. He is the opponent of the
appellant.*
a. appellee
b. appellant
c. apelle
d. appelant
15. When Bail is a matter of right?*
a. Before or after conviction by the Metropolitan,
Municipal or Municipal Circuit trial court.
b. Upon conviction by the Regional Trial Court
c. before conviction by the Regional Trial Court
d. upon preliminary investigation
16. The subject matter of the litigation is the content
of a photocopy of a document. What is the best
evidence to prove the content of document?*
a. The testimony of witnesses to the content of the
original document
b. The secondary evidence if original is lost
c. The subject photocopy document the contents of
which is in issue.
d. The original of the documents which were
photocopied
17. It is the rule which states that if the inculpatory
facts and circumstances are capable of two or more
interpretation, one which is consistent with the
innocence of the accused and the other consistent
with his guilt, or they are evenly balanced. The
constitutional presumption of innocence should tilt
the scale in favor of the accused and he must be
acquitted.*
a. Equipoise rule
b. Presumption of guilt
c. Hornbook doctrine
d. due process of law
18. If an accused person who refuses to plead, a plea
of ___ shall be entered.*
a. Not guilty
b. admission by silence
c. guilty
d. none
19. When the complaint is vague, the accused may
file a motion alleging among others the defect of the
complaint or information and the details desired in
order to enable him to properly answer and prepare
for trial. This motion is known as:*
a. motion for bill of particulars
b. motion for clarification
c. motion to dismiss
d. motion for postponement
20. The declaration of a dying person, made under
the consciousness of an impending death, may be
received in any case wherein his death is the subject
of inquiry, as evidence of the cause and surrounding
circumstances of such death.*
a. Dying declaration
b. res gestae
c. declaration against interest
d. declaration about pedigree
21. A move for the annulment of the criminal
charge made by an accused is:*
a. Motion to quash
b. nolle prosequi
c. Motion to dismiss
d. bill of particulars
22. Which of the following is the exemption to the
hearsay rule made under the consciousness of an
impending death?*
a. Parol Evidence c. Regional State Prosecutor
b. Ante mortem statement d. Public Attorney’s office
c. Suicide note e. b and d
d. Dead man statute
31. Is the examination-in-chief of a witness by the
23. How much time for counsel de Oficio to prepare party presenting him on the facts relevant to the
for arraignment?* issue.*
A. One hour before proceeding the arraignment A. Cross examination
B. Reasonable time to consult with the accused as B. Re-cross examination
to his plea before proceeding with the arraignment C. Direct examination
C. Two hours before proceeding the arraignment D. Re-direct examination
D. 1 day before the proceeding the arraignment
32. Civil liability arising from the offense charged is
24. What is the remedy of the accused if the court deemed instituted upon the filing of criminal action
denies his motion to quash ?* in court as provided by Rule 111 of Rules of Court. In
A. He should appeal what instances can a civil action for recovery of civil
B. He should plead liability can be separated?*
C. He should plead and proceed to trial a. When the offended party waives the civil action;
D. He should appeal and proceed to trial b. When the offended party reserves his right to
institute the civil action;
25. Contempt committed in the presence of or so c. When the institution of the civil action is made
near a court or judge as to obstruct or interrupt prior to the criminal action.
proceedings before it.* d. all of the choices
A. Contempt 33. After the cross-examination of the witness has
B. direct contempt been concluded, he may be re-examined by the party
C. indirect contempt calling him, to explain or supplement his answers
D. disobedience given during the cross-examination.*
A. Cross examination
26. The trial court have how many days from the B. Re-cross examination
first day of trial to terminate the same?* C. Direct examination
a. 60 days D. Re-direct examination
b. 365 days
c. 180 days 34. Upon the conclusion of the re-direct
d. 150 days examination, the adverse party may ____________
Correct answer the witness on matters stated in his re-direct
c. 180 days examination, and also on such other matters as may
be allowed by the court in its discretion.*
27. Supreme Court Circular No. 39 promulgate for A. Cross examine
the purpose of implementing the provisions of* B. Re-cross examine
A. SC AM 05-8-26 C. Direct examine
B. Revised Penal Code D. Re-direct examine
C. Rules of Court
D. R.A. 8493 Known as the Speedy Trial Act of 1998 35. What is the effect of the failure of the accused to
be object to duplicitous charges in the information?
28. One which assumes as true a fact not yet I. It is a violation of due process of law II. He may be
testified to by the witness, or contrary to that which convicted of as many offense as charged III. The
he has previously stated.* right to object is deemed waived
A. Leading question A. I only
B. Misleading question B. II only
C. Incompetent C. I and II
D. Objection D. II and III

29. If the objection is overruled the witness 36. If the objection is sustained the witness
___________. ____________.
A. Cannot answer the questions A. Cannot answer the questions
B. May answer the questions B. May answer the questions
C. May leave the court room C. May leave the court room
D. None of the above D. None of the above

30. Pursuant to Section 2 of Rule 112 of the Rules
of Court, the following officers are authorized to
conduct preliminary investigation except?*
a. Provincial and City Prosecutor
b. Judge MTC/MCTC
37. Z as husband dies before he could institute the
criminal action for adultery against his wife and the
paramour. The case may:*
a. No longer be prosecuted
b. Be prosecuted by the husband’s parents
c. Still be prosecuted d. Any Court Within judicial region where the
d. Be prosecuted by the State warrant shall be enforced

38. Mr. Mabait was arrested for illegal possession 45. After the prosecution rest its case, the case can
of firearms which is considered a low power gun. be dismissed due to insufficiency of evidence by:*
Considering that the crime is punishable by a. The courts own initiative
correctional penalty, within how many hours should b. By the accused through his counsel by Demurrer to
that a case be filed to the proper judicial authority?* evidence
a. 12 hours c. By the prosecution on its own initiative
b. 18 hours d. a and b only
c. 24 hours
d. 36 hours 46. How do you make an application for search
warrant?*
39. It refers to the authority or power to hear and A. By announcing it on television
decided cases.* B. Upon application with the fiscal and heard in
a. Jurisdiction chambers
b. Jurisprudence C. Upon application with the proper court and
c. Venue heard ex parte
d. territory D. By motion and set the case for hearing

40. It refers to the geographical division or territorial
limit where the power of the court is exercised and
which is jurisdictional in criminal case.*
a. Venue
b. Jurisprudence
c. jurisdiction
d. court
41. It is the sole authority to hear cases to the
exclusion of the others.*
a. Original jurisdiction
b. Exclusive jurisdiction
c. appellate jurisdiction
d. concurrent jurisdiction
42. X was charged before the court. During the
pendency of his trial he died. What would be the
effect of his death on the case involved and on his
criminal liability?*
a. The criminal case will be dismissed ad his
criminal liability is extinguished.
b. The criminal case will proceed and his criminal
liability is not extinguished.
c. The criminal case will be archived to wait for his
resurrection.
d. Actually there will be no effect at all because his
relatives will be the one to face trial and punished in
case of his conviction.
47. Macoy stabbed Vincent. Luckily, Vincent was able
to identify his assailant. Upon being rushed to the
hospital, SPO4 Lorenzo got the statement of Vincent,
Vincent believing at that time that he was at the
point of death, confided to SPO4 Lorenzo that Macoy
was his assailant. Vincent died a few after hours
thereafter. What would be your basis to establish the
identity of the assailant and bring him to justice?*
A. Dying declaration of Macoy
B. Dying declaration of Vincent
C. Direct testimony of Vincent
D. Res gestae
48. Assume that when Macoy stabbed Vincent, the
latter was in a no way to identify Macoy as his
assailant. But Vincent nevertheless in his dying state
had a strong hunch that it was Macoy alone could
have possibly done the stabbing, hence in his
declaration to SPO4 Lorenzo, he pointed to Macoy as
his aggressor. Vincent died. What will happen to his
declaration to SPO4 Lorenzo?*
A. It will not be admitted as dying declaration but
will be admitted as part of res gestae
B. It will not be admitted as dying declaration
C. It will be considered as declaration against
pedigree or common reputation
D. Vincent will be subjected to rigid examination by
the defense counsel

43. An appeal made to the RTC from decisions of
the first level court shall be by:*
a. Notice of appeal
b. by Petition for review
c. Petition for review on certiorari
d. Petition for certiorari
44. The application for search warrant may be filed
with the following, EXCEPT:*
a. Any court within whose territorial jurisdiction a
crime was committed.
b. Any court within the judicial region where the
crime was committed
c. Any Regional Trial Court in the Philippines
49. When a criminal action is instituted, the civil
action for the recovery of the civil liability arising
from the offense is impliedly instituted with the
criminal action. There are EXCEPTIONS to this rule.
Which of the following is NOT an exception?*
A. The offended party reserves the right to institute it
separately
B. The offended party waives the civil action
C. The offended party institutes the civil action prior
to the criminal action
D. There is prejudicial question
50. Under the Rules on Summary Procedure, the
following pleadings are prohibited, except:*
A. motion to quash
B. bill of particulars
C. answer
D. demurrer to evidence
51. Where and when do you file a petition for
suspension of the criminal action based upon the
pendency of a prejudicial question?*
A. DOJ before conviction
B. Public attorney’s office anytime
C. Office of the prosecutor at any time before the
prosecution rests
D. Free legal assistance group before arraignment
52. At the arraignment of Lito, the accused for the
offense of murder, the clerk of court had read the
information in a language known to Lito. Upon being
asked about his official plea, Lito merely vowed his
head (or let us say, makes a condition plea) and said
nothing. The judge asked Lito regarding his official
plea but Lito merely kept his silence (or say continues
to make his conditional plea). What will be the
implication of Lito’s silence (or conditional plea)?*
A. The judge will order his imprisonment for
contempt
B. The arraignment will have to be postponed
C. A plea of not guilty shall be entered for Lito
D. The judge will call upon a guard to force Lito to
make a plea one way or the other way
53. At the arraignment of Lito, the private offended
party is also required by the court to attend thereat.
What is the reason for requiring the private offended
party to appear at the arraignment?*
A. for purpose of plea bargaining
B. for purpose of determining civil liability of the
accused
C. for purpose of other matters requiring his
presence
D. all of the above
54. Let us assume that in the above case, Lito had
appeared at the arraignment and he wanted to
admit the commission of the crime only if the offense
charged would be lowered to homicide. If this is
acceptable to the prosecution, 1. how would you call
this scheme and 2. whose consent is necessary so
that it may be valid?*
A. case fixing it needs the consent of the judge
B. crime modification and it needs the consent of the
offended party
C. plea bargaining, it needs the consent of the
offended party and the prosecutor
D. the scheme cannot be allowed because it involves
trifling with court processes
55. What do you call that procedure where hearings
of testimonies are dispensed with instead only
affidavits or counter affidavits of the parties and
their witnesses are made in lieu of the former,
subject however to cross examination.*
A. regular procedure
B. special procedure
C. trial
D. summary procedure
56. __________ is a remedy available to any person
whose right to life, liberty and security is violated or
threatened with violation by an unlawful act or
omission of a public official or employee, or of
private individual or entity. It shall cover extralegal
killings and enforced disappearances.*
A. writ of amparo
B. writ of habeas data
C. writ of habeas corpus
D. writ of mandamus
57. When the accused interposes self-defense, what
is MODIFIED in the court proceedings in so far as the
presentation of the witness?*
A. The order of presentation of evidence
B. The burden of proof
C. The presumption of innocence
D. None of these
58. Under the latest amendment to the rules all of
the following may conduct preliminary investigation
EXCEPT:*
A. Other officers as may be authorized by law
B. Provincial or city prosecutors and their assistants
C. Judges of the municipal trial courts and
municipal circuit trial courts
D. National and regional state prosecutors
59. Which of the following is NOT a ground for
motion to quash?*
A. That the facts charge do not constitute an offense
B. That more than one offense is charged except
when a single punishment for various offenses is
prescribed by law
C. That criminal action or liability has been
extinguished
D. That the court trying the case has jurisdiction
over the offense charged
60. Which of the following is true about doubts in
criminal cases?*
A. all doubts should be resolved in favor of the
accused
B. all doubts should be resolved in favor of the state
C. all doubts should be resolved in favor of the
prosecution
D. all doubts should be removed because conviction
must be beyond shadow of a doubt