REVISED RULES OF PROCEDURE

RULE 110- PROSECUTION OF OFFENSES

How does institution of criminal actions works?
By filling in proper court the complaint for preliminary investigation and
should be filed in prosecutor (MTC, MCTC). (sec 1)

What is a Complaint or Information?

People against persons who are responsible for the offense. (sec 2)

What is a Complaint?
It is a sworn written statement charging a person with an offense
instituted by a the offended party, any peace officer or public officials bound
for the execution of the law. (sec 3)

What is an Information?
It is a written statement charging a person with an offense instituted
by a prosecutor submitting it to the court. (sec 4)

Who must prosecute criminal actions?

Prosecutors or private prosecutors if allowed by the court. (sec 5)

Who must prosecute adultery, concubinage, seduction, abduction, acts of

lasciviousness, defamation or private crimes?
A complaint filed by the offended spouse/party. Minors for seduction
and acts of lasciviousness can still file independently by her parent if capable
to do so. If offended party died and no parents, the state may initiate the
criminal action on behalf of her. (sec 5)

What is the sufficiency of complaint or information?

Who- name of offender & offended; What/How- acts/omission
constituting the offense (It should be clear, specific & concise) and the cause
of the offense or the aggravating & mitigating circumstances (it should be
mentioned in the complaint or information to be accepted in the court);
Where- place of the commission of the offense; When- date of the
commission. (sec 5)

Can a complaint or information be duplicated?

No. One complaint is equal to one offense unless the law prescribes a single
punishment for various offense. (sec 13)

What happens when there is amendment or substitution in complaint or information?

If it is a formal amendment (words or letters) it is allowed after the
arraignment. If it is substantial amendment (downgrades the offense charge) need a
motion to amend done by the prosecutor after the arraignment.

Place where action is to be instituted?

Municipality or territory where the offense is committed.
RULE 111- PROSECUTION IN CIVIL ACTION

What is the institution of criminal and civil actions?

Civil liability may be deemed instituted with the criminal action unless waived
it to be held separately prior to the criminal action.

When does a separate civil action is suspended?

If the criminal action has been commenced.

When does a civil action may proceed independently?

Independent civil action may be brought by offended party and shall proceed
independently of the criminal action and shall require only a preponderance of
evidence.

What is the effect of death on civil actions after arraignment?

Extinguish of the civil liability of the criminal action but if he dies before
arraignment, the case shall be dismissed.

What is the effect of death on independent civil actions?

Maybe continued against the estate or legal representative or the heir of the
accused. For minor heirs the court appoint guardian ad litem.

What happens when a defendant is absolve in civil liability?

Not a bar to absolve the criminal liability.

How to suspend criminal action not filed for trial?

By filing a petition of prejudicial question in a civil action in the office of the
prosecutor or the court conducting preliminary investigation. If it is filed in court for
trial, the petition to suspend shall be filed in the same criminal action at any time
before the prosecution rests.

What are the elements of prejudicial question?

(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 112- PRELIMINARY INVESTIGATION

What is Preliminary investigation?

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 or what we call probable cause.

What is the requirement of Preliminary investigation to be conducted?

If the penalty is 4 years, 2 months, and 1 day without regard to fine.

Who are the officers authorized to conduct preliminary investigations?

(a) Provincial or City Prosecutors and their assistants;
(b) Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts;
(c) National and Regional State Prosecutors; and
 (d) Other officers as may be authorized by law.
What is the preliminary investigation procedure?
Complaint-subpoena (10 days)- counter affidavit- resolve if no counter-
clarificatory hearing if prosecution has questions/issue(10 days)- Resolve. Dismiss if
no probable cause & files an information if there is to the chief state prosec or to
Ombudsman.

Can a complaint or information be filed by the investigating prosecutor without the

signature/approval of chief prosec or Ombudsman?
No. The chief prosec or Ombudsman may also file themselves the information
to court if it does not agree to the dismissal of the investigating prosecutor in a case.
What happens when the investigating prosecutor finds cause to hold the respondent
for trial?
After review, investigating prosecutor he shall prepare the resolution and
information to be filed to the court and the judge will then review whether or not a
warrant of arrest be issued.

When does a warrant of arrest may be issued?

10 days from the filing of the complaint or information if the judge finds
probable cause he issues warrant.

What happens when there is doubt in the probable cause?

Judge will ask for additional evidence from the investigating prosecutor.

When does an accused lawfully arrested without warrant?

When a person is lawfully arrested without a warrant involving an offense
which requires a preliminary investigation, the complaint or information may be filed
by a prosecutor without need of such investigation provided an inquest has been
conducted in accordance with existing rules.

What are the cases not requiring a preliminary investigation nor covered by the Rule
on Summary Procedure?
If it is less than 4 years, 2 months, and 1 day. prosecutor shall act on the
complaint based on the affidavits/supporting documents submitted by the complainant
within 30 days. If the complaint or information is filed directly with the Municipal
Trial Court or Municipal Circuit Trial Court for an offense covered by this section.

RULE 113- ARREST

What is an arrest?
The taking of a person into custody in order that he may be bound to answer
for the commission of an offense.
How does an arrest be made?
By an actual restraint of a person to be arrested, or by his submission to the
custody of the person making the arrest without violence or unnecessary force.

What is the duty of an arresting officer?

Execute the warrant to arrest the accused and to deliver him to the nearest
police station or jail without unnecessary delay.
How does a warrant be executed?
Within ten (10) days from its receipt. (Warrants are for lifetime)

When does an arrest without warrant lawful?

(a) When the person to be arrested has committed, is actually committing, or is
about to commit an offense; (b) When an offense has just been committed, and he has
probable cause based on personal knowledge of facts that the person to be arrested has
committed it; and (c) When the person to be arrested is a prisoner who has escaped.

What is the time of making arrest?

General rule is any day and at any time of the day but exception is may be
enforced at any reasonable hour of the day or night.

What is the method of arrest by officer by virtue of warrant?

Officer shall inform the person to be arrested of the cause of the arrest and of
the fact that a warrant has been issued for his arrest.

Is it okay if the person is not informed of the fact that a warrant has been issued for
his arrest?
Yes if he flees or forcibly resists.

What is the method of arrest by officer without warrant?

The officer shall inform the person to be arrested of his authority and the cause
of the arrest.

What is the method of arrest by private person?

A private person shall inform the person to be arrested of the intention to
arrest him and cause of the arrest.

Is it allowed for the officer to summon assistance?

Yes. He may orally summon as many persons as he deems necessary to assist
him in effecting the arrest.

Is it allowed for the officer to break into building or enclosure or to break out from
building or enclosure?
Yes. If the person to be arrested is or is reasonably believed to be, if he is
refused admittance thereto, after announcing his authority and purpose. He may break
out therefrom when necessary to liberate himself

RULE 114- BAIL

What is 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.

What are the conditions 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;
(b) The accused shall appear before the proper court whenever required by the
court of these Rules;
(c) The failure of the accused to appear at the trial without justification and
despite due notice shall be deemed a waiver of his right to be present thereat.
In such case, the trial may proceed in absentia; and
(d) The bondsman shall surrender the accused to the court for execution of the
final judgment.

Is it okay for a person under detention by legal process shall be released or

transferred?
NO. Except upon order of the court or when he is admitted to bail.

When does bail a matter of right?

(a) before or after conviction by the MTC, MTCC, MCTC
(b) before conviction by the RTC of an offense not punishable by death, reclusion
perpetua, or life imprisonment.

When does bail a matter of discretion?

Upon conviction by the RTC of an offense not punishable by death, reclusion
perpetua, or life imprisonment, admission to bail is discretionary.

Who are those person to be denied for bail?

If the penalty imposed by the trial court is imprisonment exceeding six (6)
years. He is a recidivist, quasi-recidivist, or habitual delinquent, or reiteration, a
person who escaped, violated the conditions of his bail, committed an offense while
under probation, parole, or conditional pardon, an attempt to flew and there is undue
risk that he may commit another crime during the pendency of the appeal.

What is the Burden of proof in bail application?

The prosecution has the burden of showing that evidence of guilt is strong.

What is the guidelines for the Amount of bail?

(a) Financial ability of the accused to give bail;
(b) Nature and circumstances of the offense;
(c) Penalty for the offense charged;
(d) Character and reputation of the accused;
(e) Age and health of the accused;
(f) Weight of the evidence against the accused;
(g) Probability of the accused appearing at the trial;
(h) Forfeiture of other bail;
(i) The fact that accused was a fugitive from justice when arrested; and
(j) Pendency of other cases where the accused is on bail.

What is a Corporate surety?

Any domestic or foreign corporation, licensed as a surety in accordance with
law and currently authorized to act as such.
What is a Property bond?
A property bond is an undertaking constituted as lien on the real property
given as security for the amount of the bail.

What is a Recognizance?
The court may release a person in custody to his own recognizance or that of a
responsible person.

When does a Bail not required; reduced bail or recognizance?

When a person has been in custody for a period equal to or more than the
possible maximum imprisonment prescribe for the offense charged, he shall be
released immediately. If the maximum penalty to which the accused may be
sentenced is destierro, he shall be released after thirty (30) days of preventive
imprisonment.

When does a bail be canceled?

Upon surrender of the accused or proof of his death or upon acquittal of the
accused, dismissal of the case, or execution of the judgment of conviction.

RULE 115- RIGHTS OF ACCUSED

What are the Rights of accused at the trial?

(a) Presumption of innocence until proven guilty.
(b) To be informed of the nature and cause of the accusation against him.
(c) To be present and defend in person and by counsel
(d) To testify as a witness in his own behalf but subject to cross-examination
on matters covered by direct examination.
(e) To be exempt from being compelled to be a witness against himself.
(f) To confront and cross-examine the witnesses against him at the trial.
(g) To have compulsory process issued to secure the attendance of witnesses
and production of other evidence in his behalf.
(h) To have speedy, impartial and public trial.
(i) To appeal in all cases allowed and in the manner prescribed by law.

RULE 116- ARRAIGNMENT & PLEA

What is an arraignment?
Reading of the nature of the crime charge against the accused.

How does an Arraignment and plea made?

(a) The accused must be arraigned before the court where the complaint or
information was filed or assigned for trial.
The accused must be present at the arraignment and must personally enter his
plea.
(c) When the accused refuses to plead or makes a conditional plea, a plea of
not guilty shall be entered for him. (waiver of trial- principle of presumption
of innocence)
 (d) 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.
(e) When the accused is under preventive detention, his case shall be raffled
and its records transmitted to the judge to whom the case was raffled.
(f) The private offended party shall be required to appear at the arraignment
for purposes of plea bargaining, determination of civil liability, and other
matters requiring his presence.
(g) arraignment shall be held within thirty (30) days from the date the court
acquires jurisdiction over the person of the accused unless a shorter period is
provided by special law or Supreme Court circular.

Is the accused allowed to Plea guilty to a lesser offense?

Yes.

After arraignment but before trial will the accused may still be allowed to plead
guilty to said lesser offense after withdrawing his plea of not guilty?
Yes.

Is the accused allowed to Plea guilty to capital offense?

Yes but the court shall conduct a searching inquiry into the voluntariness and
full comprehension of the consequences of his plea and require the prosecution to
prove his guilt and the precise degree of culpability.

Is the accused allowed to Plea guilty to non-capital offense?

Yes. The court may receive evidence from the parties to determine the penalty
to be imposed.

At any time before the judgment of conviction becomes final, is the accused allowed to
withdraw and substitute his plea of guilty to a plea of not guilty?
YES.

What is Bill of particulars?

Before arraignment, the accused may move for a bill of particulars to enable
him properly to plead and to prepare for trial.

Is Production or inspection of material evidence in possession of prosecution

allowed?
Yes. This is to avoid surprise and suppression, or alteration of evidence and to
uphold to the principle of fairness and justice.

When can an arraignment be suspended?

(a) The accused appears to be suffering from an unsound mental condition
(b) Existence of a prejudicial question; and
(c) 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 117- MOTION TO QUASH

What is the time to move to quash?
At any time before entering his plea.

What is the exceptions of Form and contents of motion to quash?

The lack of jurisdiction over the offense charged.

What are the grounds for motion to quash?

(a) there is no offense
(b) there is no jurisdiction over the offense charged;
(c) There is no jurisdiction over the person of the accused;
(d) The officer who filed the information had no authority;
(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 118- PRE TRIAL

What is the order of 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 other matters as will promote a fair and expeditious trial of the
criminal and civil aspects of the case.

RULE 119- TRIAL

What is the time to prepare for trial?

At least 15 days to prepare for trial.

When does the trial shall commence?

Within 30 days from receipt of the pre-trial order.

Is the trial once commenced may be postponed for a reasonable period of time?
Yes, if it is for good cause.

What is the time limit following an order for new trial?

The trial shall commence within 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 180 days from notice of said order
for a new trial.

What is the order of trial?

(a) The prosecution shall present evidence
(b) The accused may present evidence to prove his defense.
(c) The prosecution and the defense may, in that order, present rebuttal and sur-
rebuttal evidence.
(d) Upon admission of the evidence of the parties, the case shall be deemed submitted
for decision
(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.

What is a reversed trial?

When the accused raises the justifying circumstances such as self defense
admitting for the crime and so the accused must present his evidence first.

What is the degree of proof necessary for a reversed trial?

Clear and convincing evidence. Not greater that proof beyond reasonable
doubt but not a mere preponderance of evidence.

What is the degree of proof necessary for conviction?

Proof beyond reasonable doubt.

How can an accused be discharge to be a state witness?

(a) There is absolute necessity for the testimony of the accused whose
discharge is requested;
(b) The is no other direct evidence available for the proper prosecution of the
offense committed, except the testimony of said accused;
(c) The testimony of said accused can be substantially corroborated in its
material points;
(d) Said accused does not appear to be the most guilty; and
(e) Said accused has not at any time been convicted of any offense involving
moral turpitude.

Will the discharged of the accused operates as an acquittal?

Yes unless the accused fails or refuses to testify against his co-accused in
accordance with his sworn statement constituting the basis for the discharge.

What happens when mistake has been made in charging the proper offense?
Any time before judgment that a mistake has been made in charging the
proper offense, the court shall fill the proper information and will not discharge the
accused if there appears good cause to detain him and make him answer to the new
charged.

When does the public be excluded in the trial?

If the trial is offensive to decency or public morals.

What is a 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 120- JUDGMENT

What is a Judgement?
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.

What are the contents of the judgment?

(1) the legal qualification (aggravating or mitigating circumstances)
(2) the participation (principal, accomplice, accessory)
(3) the penalty
(4) the civil liability or damages

Is the court allowed to convict the accused of as many offenses as are charged and
proved, and impose on him the penalty for each offense?
Yes. When two or more offenses are charged in a single complaint or
information but the accused fails to object to it before trial.

What happens when there is judgment in case of variance between allegation and
proof?
When there is variance between the offense charged in the complaint or
information and that proved, and the offense as charged is included in or necessarily
includes the offense proved, the accused shall be convicted of the offense proved
which is included in the offense charged, or of the offense charged which is included
in the offense proved.

RULE 121- NEW TRIAL OR RECONSIDERATION

What is 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.

What are the grounds for a new trial?

(a) The errors of law or irregularities prejudicial to the substantial rights of the
accused have been committed during the trial;
(b) The 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.

What are the ground for reconsideration?

The court shall grant reconsideration on the ground of errors of law or fact in
the judgment, which requires no further proceedings.
RULE 122- APPEAL

Who may appeal?

Any party may appeal from a judgment or final order, unless the accused will
be placed in double jeopardy.

Where to appeal?
(a) To the RTC, in cases decided by the MTC, MTCC, MeTC
(b) To the CA/SC, in cases decided by the RTC
(c) To the SC, in cases decided by the CA.

When does an appeal to be taken?

An appeal must be taken within fifteen (15) days from promulgation of the
judgment or from notice of the final order appealed from.

RULE 123- PROCEDURE IN THE MUNICIPAL TRIAL COURTS

What is the Procedure for MTC?

The procedure to be observed in the MeTC, MTC, MCTC is the same as in
the RTC, unless otherwise stated in a particular provision .

RULE 124- PROCEDURE IN THE COURT OF APPEALS

What should be the title of the case in all criminal cases appealed to the CA?
The title of the case shall remain as it was in the court of origin.

What is called the party appealing the case?

Appellant.

What is called the adverse party in the appealing the case?

Appellee.

What is the extension of time for filing a briefs?

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.

How can CA dismiss an appeal?

If the appellant escapes from prison or confinement, jumps bail or flees to a
foreign country during the pendency of the appeal.

What is the scope of judgment of the CA?

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.

Does the CA have the power to receive evidence?

Yes. CA shall have the power to try cases and conduct hearings, receive
evidence and perform any and all acts necessary to resolve factual issues raised in
cases (a) falling within its original jurisdiction, (b) involving claims for damages
arising from provisional remedies, or (c) where the court grants a new trial based only
on the ground of newly-discovered evidence.

What is the division necessary for the pronouncement of a judgment or final

resolution?
The unanimous vote of the three (3) Justices of a division.

What happens in the event that the three (3) Justices can not reach a unanimous vote?
The Presiding Justice shall direct the raffle committee of the Court to
designate two (2) additional Justices to sit temporarily with them, forming a special
division of five (5) members and the concurrence of a majority of such division shall
be necessary for the pronouncement of a judgment or final resolution. The designation
of such additional Justices shall be made strictly by raffle and rotation among all other
Justices of the Court of Appeals.

What is motion for new trial?

At any time after the appeal from the lower court has been perfected and
before the judgment of the Court of Appeals convicting the appellant becomes final,
the latter may move for a new trial on the ground of newly-discovered evidence
material to his defense.

What is motion for Reconsideration?

A motion for reconsideration shall be filed within fifteen (15) days after from
notice of the decision or final order of the Court of Appeals, with copies served upon
the adverse party, setting forth the grounds in support thereof.

RULE 125- PROCEDURE IN THE SUPREME COURT

What is the procedure for the SC?

The procedure in the SC in original and in appealed cases shall be the same as
in the CA unless otherwise provided by the Constitution or by law.

What happen when the SC 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- SEARCH AND SEIZURE

What is a Search warrant?

It 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.

In what court where application for search warrant shall be filed?

a) Any court within whose 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.

Does a search warrant may be issued for the search and seizure of personal
property?
Yes. If, (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.

What is the requisites for issuing search warrant?

Probable cause.

Is the officer constituting a search warrant allowed to break door or window to effect
the search?
Yes if the accused refused admittance to the place of directed search after
giving notice of his purpose and authority or to liberate himself or any person lawfully
aiding him when unlawfully detained therein.

Is it allowed to search a house, room, or premise without presence of witnesses?

No search of a house, room, or any other premise 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.

What is the time of making search?

The warrant must direct that it be served in the day time, 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.

What is the validity of search warrant?

A search warrant shall be valid for ten (10) days from its date. Thereafter it
shall be void.

A person lawfully arrested may be searched without a search warrant?

Yes. 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.

Where to file a motion to quash a search warrant or to suppress evidence?

In and acted upon only by the court where the action has been instituted.