CRIMINAL PROCEDURE

Jurisdiction

RTC
– if penalty exceeds 6 years of imprisonment, regardless of the fine, ancillary penalties
 Always ordinary proceedings
 VAWC
 Crimes against Humanity
 Intellectual Property Law
 Comprehensive Dangerous Drugs Act

MTC, MTCC, MeTC

– if penalty does not exceed 6 years of imprisonment
 Ordinary proceedings
 Summary Proceedings – if imprisonment does not exceed 1 year

Sandiganbayan
1. If accused is Salary Grade 27 or higher, AND,
 The crime is a violation of RA 3019 (Anti Graft and Corruption Act) or Anti-Bribery Act,
Malversation
2. If accused is not SG27 but is explicitly stated under the jurisdiction of Sandiganbayan
such as a Board Member, Sangguniang Bayan Member, City Treasurer, President of a
GOCC, President of a State University
 The crime must be related to the office of the public officer accused
3. SG 27 and not of those offenses above, but the act must be related to the office, the
office is an element of the crime
4. SG 27, If penalty does not exceed PHP 1,000,000 it would be with the RTC or no damage
to the Government with RTC

 For as long as one is SG27, to Sandiganbayan

 If a private person is connected to RA 3019 violation, he will be under Sandiganbayan’s
jurisdiction

Ombudsman
 Office of the Ombudsman is not a court
 It is not needed that it must be related to the office, as long as there is misfeasance,
malfeasance committed by a government official

Rule 112
Preliminary Investigation
 Required if penalty exceeds 4 years 2 days 1 day imprisonment
 Procedure (Sec.3)
 1. File an affidavit with OP sworn
2. The OP finding good cause, issue subpoena to accused
3. Accused to file a counter-affidavit within a period of 10 days, if not filed, it will
already be submitted for resolution
4. The Assistant Prosecutor files a resolution and information for recommendation to
the City Prosecutor, if for dismissal, he must file a resolution to the City Prosecutor
5. The City Prosecutor shall sign the information and file it in Court
6. The Court has 10 days to find probable cause,
> for him to issue a Warrant of Arrest,
> if probable cause not found, for dismissal,
> or conduct hearing to determine whether probable cause exists

Information
 Contains the facts and reasons why the OP is filing it with Court
 It should be accompanied with the Resolution of the City Prosec

Metropolitan Courts Outside Metro

Preliminary Investigation
No Preliminary Investigation
Summary Procedure
Office of the Prosecutor
File complaint with OP
File complaint with OP
Office of the Prosecutor
File complaint with OP
File complaint with MTC
File Complaint with OP
File complaint with MTC

Can an MTC/MeTC judge conduct a preliminary investigation? NO.

MOTION FOR REINVESTIGATION

 Filed with the Court when the information has already been filed
 Motion for the return of information to OP for further investigation
 Does not include issue of evidentiary evidence

MOTION FOR PRELIMINARY INVESTIGATION

 If the nature of offense requires Preliminary Investigation, and the OP did not perform it

PETITION FOR REVIEW

 When the information of City Prosecutor is filed with the DOJ for review
 Must be filed within 15 days

Finding of OP for Petition for Review in

 RTC – with the Secretary of DOJ, if complaint initiated by the NBI
 If MeTC NCR – with the Prosecutor General
 If with MTC outside NCR– with Regional Prosecutor
What are the functions of the Prosecutor?
1. The Prosec can conduct Preliminary Investigation
2. Inquest Proceedings
3. Prosecute the Case

INQUEST PROCEEDINGS (Sec 5, R113)

 Happens if there is a valid warrantless arrest
 In flagrante delicto, Hot Pursuit, Escapee, Attempted Rescue of Person who is detained
 Accused surrendered to Police Station
 Inquest proceedings only required if 4-2-1 penalty
 No information has yet been filed kasi nga warrantless arrest
 Prosecutor may
1. The inquest proceedings will result to an information to be filed in court during the
accused’s detention
 This must be fast, because it is subject to 12-24-36 hour limit
 Information filed in Court
 5 days from receipt, Court will ask Preliminary Investigation to be conducted
2. Release the accused, but the Prosec will subject accused to PI
3. Dismiss and release
 Accused Remedies
1. File a Motion for Preliminary Investigation, he must waive his right under Art 125
(12-24-36) he must still be detained
POWER TO PROSECUTE BY THE OP

1. Files Criminal Information in Court

2. Can issue certification to allow the Private Prosec to appear if the Prosec is not there

Sufficiency of an Information/Complaint

1. Name of the Accused

 Maybe a nickname, if name not known
 If not known, add it if already known later
2. Designation of Offense by Statute
 What crime was committed
 It should be precise
3. Qualifying and Aggravating Circumstances
 No mitigating circumstances in a complaint
 If not stated, it will not be considered
4. Complaint must be in a language known by the accused
 It may be translated to him in the language known during the arraignment
5. Place where the Offense was Committed
 Need not be specific, exn, arson, trespassing – if place is a material element of the
complaint
 Where the offense or element has been committed
6. Date of commission
 Approximate is okay
 OK – on or about June 12, 2023
 OK – on or about June 2023
 NOT OK – on or about 2023
 EXN: Where date of commission is material element, violation of liquor ban,
infanticide
7. Identity of the Victim

Duplicity of Offenses

ONE OFFENSE = ONE INFORMATION

EXN: Continuous Crime, Complex Crimes
Where the accused fails to raise the defense of multiple offenses

Amendment of Information (Sec 14 of R110)

 Reference point: Plea

1. Before Plea
 Form and substance may be amended
 Amendment if it would increase the criminal liability – subject to PI again
  Exclusion of Accused and Downgrade – must be upon motion by the Prosecutor with
notice to offended party and with leave of court

2. After Plea
 As to form only
 For as long as it will not prejudice the right of accused (e.g. if victim of rape is not 15,
but actually 14 – aakyat sa statutory rape)

Substitution of Information
 Amendment is different from amendment of information
 Mistake made in charging the proper offense

VENUE
 Is jurisdictional
 Cannot be waived’

When injunction may lie

 When the constitutional right of accused is to be protected
 When there is persectution rather than prosecution
 When there is prejudicial question
 When there is double jeopardy
 Whent there is lack of jurisdiction
 When officer has no clear authority

Rule 111
CIVIL ASPECT IN A CRIMINAL ACTION

 Suspension or Consolidation
 Civil action is suspended when the civil action is filed first and then the criminal
action is subsequently filed, it may be consolidated as an alternative
 Once a criminal action is filed, the civil action is deemed instituted
 Reservation of civil action
- At any time the prosecution before pre-trial, before commencement of presentation
of evidence
- The criminal action will proceed until judgment and then the civil action shall be
proceeded
 Waiver of civil action

Independent Civil Action

 No need to reserve the civil action
 Both criminal and civil action shall proceed independently
 E.g. claims for damages of physical injuries, reckless imprudence, damage for culpa
contractual
Death of Accused
1. After Plea
 The criminal and civil action shall be dismissed

2. Before plea
 Estate of the accused can be sued for civil liability

Prejudicial Question
 There must a civil case and a criminal case
 Civil case must be filed ahead of the criminal case
 The criminal case will have to be suspended because the issue of the civil case must first
be resolved for the criminal case to proceed
 Resolution of the civil case will be determinative if the criminal case should proceed

Motion for Suspension of Criminal Suit on the ground of Prejudicial Question

 When? During the preliminary investigation until before the prosecution’s presentation
of evidence, before it rests its case

 It is also a ground for suspension of arraignment

BAIL
 Once the police officer arrests you and you are in the police station
 Petition for Bail shall be filed with the Court

1. Cash Bond
 Amount found in the information
 Recommendation for Bond
2. Surety Bond
 Undertaking of corporate surety that the insurer shall bring the accused when he is
needed in the court
 Must be accredited by the Supreme Court
3. Property Bond
 Accused need not be the owner of the property, it may be owned by a relative or
friend
 Just as long as the owner is a resident of the Philippines
4. Recognizance
 Recognizance of accused
 Must secure a resolution from the sanggunian of the accused’s locality

Can you apply for bail even before you are arrested?
Yes, apply with the court where it is pending.
Bail as a Matter of Right
1. MTC
2. RTC
 Not punishable by death, life imprisonment, reclusion perpetua
 Not yet convicted

 No hearing required, except for motion to reduce bail

Bail as Matter of Discretion

1. When there is conviction in RTC, when penalty if NOT death life reclusion perpetua

Non-bailable
1. When penalty is death, life, reclusion perpetua, and the evidence of guilt is strong

Where to File Bail

1. If same, Where the case is pending and where you were arrested,
2. If magkaiba, apply before any rtc where he was arrested, if judge not available any rtc or
mtc within the province/city
3. If recognizance, file with the court where the case is pending
4. If no case pending, warrantless arrest, apply to the court where arrested

What if the detainee has stayed maximum stay in imprisonment?

 No need to file bail, move for release without prejudice to the pending case
 Except if he is a recidivist, quasirecidivist

What if the detainee has stayed minimum, not considering the Credit?
 He can be released on a reduced bail OR recognizance

Person in Bail Going out PH

 He could be arrested without a warrant if he departs from the Philippines while he is still
on bail. He must secure approval from the Court first.

Forfeiture of Bail
 If he escapes

Cancellation of Bail
 Death of accused
 Conviction
 Acquitted
 Surrenders

Can you file a bail if there is a court judgment?

 Yes, still
Can you question the validity of arrest, legality of the warrant, absence of preliminary
investigation?
 Yes, at anytime before bail.

Rights of Accused

Presumption of Innocence
 Imposes upon the Prosecution to establish proof beyond reasonable doubt of guilt

When Reading of Information may be Forgone during Arraignment

 In case of multiple informations

When Arraignment will be suspended

 When accused is physically/mentally incapacitated
 When the information is pending appeal with the DOJ, max 60 days
 Prejudicial question

Plea of Not Guilty

 Straightforward ( I am not guilty)
 Justifying Circumstance (Self-defense)
 Silence

Plea of Guilty
 Plead Guilty to Capital Offense
 Prosecution still to present evidence
 Cannot go straight to judgment, still need to hear

 Plead Guilty to Non-capital Offense

 No need for Prosecution to offer evidence
 Hearing by Court is only for purpose to determine the proper penalty for the accused

 Improvident Plea
 The accused does not the consequence of pleaing guilty
 Allowed to be withdrawn

 Plea of Guilt to a Lesser Offense

 For as long as Prosec and the party has been notified
 If Opposing Party does not appear, the Prosec can decide to approve the plea of lesser
offense as long as it is within the original offense
 No need to amend the information
 Last opportunity to Plead Guilty to a Lesser Offense: PRETRIAL
Plea of Guilt in Drug Cases
 Plea must be in writing
 Lesser offense must be necessary included in the original violation
 If accused pleas guilty to use or positive, rehabilitation within 6 months, rehab will be
offset to penalty
 Probation does not apply to drug traffickers

Bill of Particulars
 It is a motion to be filed by the accused before the information is read to him
 Specify the defects of the information
 Alternative only, kasi if it does not establish offense, magfile tayo ng Motion to Quash

Rule 117
Motion to Quash

 Objective: To dismiss the case

 When to File: Anytime before Plea
 It must be in writing
 Allowed for as long as based on the following grounds:
1. It does not constitute an offense
2. Lack of jurisdiction over the offense charged
3. Lack of jurisdiction over the person of the accused
4. The officer filing the information has lack of authority
5. It does not conform to the prescribed form
6. Criminal action has prescribed (Filing interrupts Prescription of Criminal Action , exn
summary procedure)
7. Contains averments which if true, will be a justifying circumstance
8. Double Jeopardy
 Effect of Motion to Quash if granted
- Require the Prosec to Amend the Information, if it does not confer, dismiss the case
- Can it be refiled? YES exn double jeopardy and prescription, if not granted, file an
MR, then Petition for Certiorai

DOUBLE JEOPARDY
 Can be raised at anytime
 There is a court of competent jurisdiction
 Accused has been convicted or acquitted in a prior case
 And another case is pending for the same offense
 EXN:
- When a subsequent event happens: In a case of frustrated homicide, then after
some months, victim has died
- When a graver offense has been discovered
- When a lesser offense has been discovered, prosec and party notified and they
conform
PROVISIONAL DISMISSAL
 Not exceeding 6 years, After 1 year – dismissed
 Exceeding 6 years, After 2 years – dismissed

Period of Counting
 Period of receipt of order of the Prosecutor of provisional dismissal

The right to defend by himself and by counsel

 GR: The accused is required to present in every proceeding
 The accused can waive right to attend, basta he appears if he needs to be identified

 Can the accused be given counsel only during arraignment?

 Yes, the lawyer must inform the accused what crime he’s been accused of and the
repercussions of plea

An accused cannot testify against himself but he can testify for himself

When Direct Examination may be in a Judicial Affidavit

MTC – need to file Judicial Affidavits

RTC/SB/CTA – only file Judicial Affidavits only if allowed by the accused

Cross Examination
- To illicit information
- To impeach the testimony of the witness
- Questions may be related or not related to the direct examination, just as long as it is
relevant to the case

Redirect Examination
- To allow the witness to explain

Recross -

PRE-TRIAL
 If offended party is absent – it will not cause dismissal, he is but a nominal party
 If accused is absent – the Prosecution may move for his arrest and his bail be forfeited
 Absence of Counsel – P5k if Public, P20k if private

OFFER OF COMPROMISE
 No offer of compromise in criminal case
 This is admission of guilt
 This is against public policy
EXN: Crimes that may be settled as to civil aspect
 Libel, oral defamation, grave threats, slight threats, deceits
 Criminal negligence
 Nonpayment of GSIS and SSS payments

An Affidavit of Desistance shall be given by the Offended Party

Admissions made by the Accused must be

>IN WRITING,
>SIGNED BY THE ACCUSED AND
> BY THE COUNSEL

RIGHT TO SPEEDY TRIAL

 Trial must be finished within 180 days
 Within 30 days from arrest, the accused must be arraigned and pretrial is done

Exclusion to the 180-day period

 Delays due to extraordinary remedies
 Delay in Pretrial
 Delay due to Mental Examination
 Due to absence or unavailability of Witness
 Act of Gods

JUDGMENT
 Within 90 days from end of trial/submission for judgment

CONDITIONAL EXAMINATION OF WITNESSES (BEFORE TRIAL)

Witness for Prosecution

 When about to depart from the Philippines
 When the witness is sick
Witness for Accused
 When the witness is sick
 When the witness resides more than 100 km away from court

ACCUSED DISCHARGED AS A STATE WITNESS

 Accused must be arraigned
 Accused must have filed an affidavit

Effect of Discharge: ACQUITTED

What if not acquitted? Testimony must be deemed inadmissible

Conditions:
 The testimony must be necessary
  The witness must not be the most guilty
 Etc

EXCLUSION OF THE PUBLIC IN TRIAL

 If offensive to decency or public morals

JUDGMENT
 The judgment must be read to the accused in open court
 The accused must be served a notice for the date of the promulgation of judgment
 If jumped on bail, notice to bondsman and notice to last residence of accused
 Promulgation of judgment cannot be delayed
 It can be rendered even if the accused is absent

Can the judgment still be modified?

 Yes, before it is final and executory, or partially executed, waived the right to appeal
 Reglementary Period – 15 days to appeal from promulgation of judgment

Remedies in a Judgment in Criminal Cases

 X Petition for Annulment of Judgment,
 / Motion for Reconsideration, Motion for New Trial, Appeal
 Motion for Reconsideration – not a prerequisite for Appeal
 Motion for New Trial – errors of law, irregularities in the proceedings that will prejudice
the right of the accused, newly discovered evidence (must not be available during trial
despite diligence, it probably will change the result of the case)

 Ordinary Appeal

- MTC to RTC – no need for trial anymore, submission of memoranda (filed with MTC)
- RTC to CA – 30 days to file brief, 20 days to file reply brief, if no brief filed or jumped
bail, appeal no effect (filed with RTC)

 Petition for Review

MTC – RTC – CA – Petition for Review filed with CA

How to Question Acquittal on the ground of Grave abuse of discretion

>File MR
>Seek approval from Solgen
> File Petition for Certiorari

Meritorious Motion
 Motion for Reconsideration must be filed within 5 days from knowledge of judgment
 Yung 15 days na MR period is sa final judgment
Petition for Review on Certiorari under R45
 MTC – RTC – CA – SC
 RTC – CA – SC
 SB (Original Case) – SC – Notice of Appeal
 RTC – SB – SC R45
 CTA en banc – SC R45
 Only way to raise the criminal case in SC

If Death
 RTC – CA Automatic Review – CA shall render but not enter judgment
 CA – SC – CA shall certify the case to SC

If Life Imprisonment, Reclusion Perpetua

 RTC – CA through Notice of Appeal
 CA – SC Notice of Appeal if Life/Reclusion Perpetua, R45 if Reclusion Temporal

Search Warrant
 There must be a probable cause
 1 offense 1 search warrant
 It should identify the place to be searched and the evidence to be seized
 Cannot be general warrant
 It must be presented to the occupant, if no occupant, relative, if uninhabited, there must
be at least 2 witnesses sufficient age and discretion within the same community
 Searching officer must issue receipt to occupant
 Exceptions to General Warrant (not within the search warrant: Plain View Doctrine,
Moving Vehicle, Checkpoint, Person Under Arrest)
 Search Warrant has 10 day validity, no extensions
 To return: the warrant, the inventory, the recording of body worn camera

Cybercrime Warrants

1. Warrant to Disclose Computer Data

- Globe, Smart
- Require a service provider to disclose data of subscriber

2. Warrant to Intercept Computer Data

- Eavesdropping
- To listen, record, monitor, surveillance, procuring computer data directly or indirectly

3. Warrant to Search, Seize, and Examine Computer Data

Period
10 days, extendible for another 10 days
 4. Warrant to Examine Computer Data

Related Orders
1. Preservation Order
2. Destruction Order
3. Return Order
Extraterritorial Service of Warrants
 Allowed and coursed through the Department of Justice

QC, Manila, Makati, Pasig

Iloilo Cebu
Naga Davao