CRIMINAL PROCEDURE NOTES

Page 1 of 120

relati
onshi
p
PRELIMI betw
NARY een
CHAPTER indivi
duals
WHAT IS (e.g
THE Civil
CLASSIFICAT Code,
ION OF Com
LAWS merci
ACCORDING al
TO laws)
APPLICATIO
N? WHAT IS
Public THE
and CLASSIFICAT
private ION OF
law LAWS
Publi ACCORDING
c TO ITS
law: NATURE?
laws Substanti
that ve and
defin procedura
e the l law
relati Substanti
onshi ve law is
p the law
betw that
een creates,
the defines
State and
and regulates
the Proce
indivi dural
dual law
(e.g defin
Const es
itutio the
n, meth
Revis od or
ed proce
Penal eding
Code s in
) the
Priva enfor
te ceme
law: nt of
laws the
that rights
defin and
e the dutie
 s convi
defin ction
ed in As
subst appli
antiv ed to
e law crimi
nal
SUBSTANTIV law,
E LAW: proce
1. Creat dural
es law
2. Defin provi
es des
3. Regul or
ates regul
ates
WHAT IS the
CRIMINAL steps
PROCEDURE by
?
whic
Crimi
h one
nal
who
proce
has
dure
com
is the
mitte
meth
d a
od
crime
presc
is to
ribed
be
by
punis
law
hed
for
the MEMORY
appr AID:
ehen CRIMINAL
sion PROCEDURE
and IS THE
prose 1. METH
cutio OD
n of presc
perso ribed
ns by
accus law
ed of 2. For
any the
crimi APPR
nal EHEN
offen SION
se AND
and PROS
ECUT
for
ION
their
of
punis
3. Perso
hmen ns
t, in ACCU
case SED
of OF
 ANY term
CRIMI to
NAL descr
OFFE ibe
NSE the
and netw
4. For ork
their of
PUNI
laws
SHM
and
ENT,
in rules
case whic
convi h
ction gover
n the
WHAT IS proce
CRIMINAL dural
PROCEDURE admi
CONCERNED nistra
WITH? tion
Proce of
dural crimi
steps nal
throu justic
gh e
whic
h the WHAT ARE
crimi THE
nal SOURCES OF
case CRIMINAL
pass PROSECUTIO
es N?
com
menc
ing
with
the
inves
tigati
on of
a
crime
and
concl
uding
with
the
unco
nditio
nal
relea
se of
the
offen
der
Gene
ric
 5. The
Rules
of
Court
1. Spani
of
sh
1940,
law and
on the
crimi 1964,
nal 1985,
proce and
dure 1988
2. Gene Rules
ral on
Order Crimi
No. nal
58, Proce
date dure
d 6. Vario
April us
23, Repu
1900 blic
3. Ame Acts:
ndat RA
ory 240;
acts New
pass Rule
ed by 127,
the provi
Philip ding
pines for
Com attac
missi hmen
on
t; RA
4. The 296,
quasi
Judici
-acts,
ary
the
Act
Philip
of
pine
1948
Bill of
defini
1902,
ng
the
crimi
Jones
nal
law
jurisd
of
iction
1916,
; BP
Tydin
gs- 129,
McDu as
ffie amen
Law, ded
and by
the RA
Const 7691
itutio ; RA
n of 8249
the creati
Philip ng
pines the
Sandi
 ganb ?
ayan; 1. THE
RA INQUI
8349 SITO
: RIAL
Spee SYST
dy EM
Trial 2. THE
Act ACCU
of SATO
1998 RIAL
7. Presi SYST
denti EM
al 3. THE
decre MIXE
es D
8. Articl SYST
e 3: EM
Bill of
Right INQUISITORI
s of AL SYSTEM
1987 Dete
Const ction
itutio and
n prose
9. Civil cutio
Code n of
, in offen
parti
ders
cular
are
Articl
NOT
es
LEFT
32,
33, IN
and THE
34 INITI
10. Certa ATIV
in E OF
judici PRIV
al ATE
decis PART
ions IES
11. Circul but
ars to
12. The the
Revis offici
ed als
Rules and
on agen
Crimi ts of
nal
the
Proce
law
dure
Resor
t is to
WHAT ARE
THE THREE SECR
SYSTEMS OF ET
CRIMINAL INQUI
PROCEDURE RY to
disco
 ver citize
the n or
culpri mem
t, ber
and of
viole the
nce grou
and p to
tortur whic
e are h the
often injure
empl d
oyed party
to belon
extra gs
ct may
confe bring
ssion the
s accus
Judge ation
not again
limite st a
d to perso
evide n
nce susp
brou ected
ght as
befor the
e him offen
but der
could Actio
proce n
ed supp
with osed
his to be
own a
inquir comb
y at
whic betw
h is een
not the
confr parti
ontat es---
ional the
Character supp
ized by osed
secrecy— offen
public der
doesn’t has
know of the
the right
proceedin to be
gs confr
onte
ACCUSATORI d by
AL SYSTEM his
Every accus
 er presu
Battl med
e innoc
takes ent—
form to
of a defea
publi t this
c trial presu
and mpti
is on,
judge the
d by prose
a cutio
magi n
strat must
e estab
who lish
rend proof
ers a of
verdi guilt
ct beyo
The nd
esse reaso
nce nable
of doub
this t or
syste mora
m is l
the certai
right nty
to be

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 2 of 120

i
n

J n
u a
d t
i u
c r
i e
a
l C
h
s a
e r
t a
u c
p t
e
i r
n i
z
t e
h d
e
b
P y
h
i b
l e
i i
p n
p g
i
n p
e u
s b
l
i i
s c

a
c MIXED
c SYSTEM
Combinat
u
ion of the
s
inquisitori
a
al and
t
accusator
o
ial
r
systems
i
a
l CRIMINAL LAW
Essentially substantive—defi
 t
crimes, treats of their nature, and
provides for their punishment r
i
What acts are punishable c
t
HOW ARE l
THE RULES y
OF
CRIMINAL c
PROCEDURE o
CONSTRUED n
? s
L t
i r
b u
e e
r d
a
l a
l g
y a
i
c n
o s
n t
s
t t
r h
u e
e
d S
t
i a
n t
e
f
a
v WHY
o SHOULD
r THE RULES
OF
o CRIMINAL
f PROCEDUR
E BE
CONSTRUE
t
D
h
LIBERALLY
e
IN FAVOR
OF THE
a ACCUSED?
c The
c pur
u pos
s e is
e to
d eve
n
S the
 odd use
s d
bet
wee WHAT IS
n JURISDICTIO
the N?
acc Pow
use er
d or
and aut
the hori
ma ty
chi giv
neri en
es by
of the
the law
Stat to a
e cou
rt
MAY THE or
RULES OF trib
CRIMINAL una
PROCEDUR l to
E BE GIVEN hea
RETROACTI
r
VE EFFECT?
and
It is
det
a
erm
gen
ine
eral
cert
rule
ain
that
con
rule
trov
s of
ersi
pro
es
ced
Pow
ure
er
ma
of
y
cou
be
rts
giv
to
en
hea
retr
r
oac
and
tive
det
effe
erm
ct
ine
as
a
far
con
as
trov
it
ers
ben
y
efit
inv
s
olvi
the
ng
acc
righ
 ts
whi
ch
are In civil cases, may be waived or
de
stipulated by the parties
ma
nda
IN
ble
CRIMINAL
and CASES, IS
enf VENUE
orc AND
eab JURISDICTI
le ON ONE
AND THE
VENUESAME?
Yes,
Particular country or geographical it
area in which a court withshould be
filed
jurisdiction may hear or determine
a case where the
crime is
Place of trial committe
d.
Procedural This
is
diff
ere
nt
fro
m
civil
cas
es,
whe
rein
ven
ue
and
juri
sdic
tion
are
diff
ere
nt
wit
h
one
ano
ther

CRIMINAL
JURISDICTIO
N
Aut
hori
ty
to
 hea sdic
r tion
and of
try the
a cou
part rt
icul
ar WHAT ARE
offe THE
REQUISITE
nse
S FOR A
and
VALID
imp EXERCISE
ose OF
the CRIMINAL
pun JURISDICTI
ish ON?
me 1. Jurisdic
nt tion
for over
it the
perso
ELEMENTS n
OF 2. Jurisdic
CRIMINAL tion
JURISDICTIO over
N the
1. Nature territ
of ory
the 3. Jurisdic
offen tion
se over
and the
the subje
penal ct
ty matt
attac er
hed
there WHAT IS
to JURISDICTIO
2. Fact N OVER THE
that SUBJECT
the MATTER?
offe Pow
nse er
has to
bee hea
n r
co and
mm dec
itte ide
d cas
wit es
hin of
the
the
terr
gen
itori
eral
al
juri clas
s to
 whi the
ch cou
the rt
pro to
cee imp
din ose
gs the
in pen
alty
que
imp
stio
osa
n ble
bel giv
ong en
and the
is alle
con gati
ferr on
ed in
by the
the info
sov rma
erei tion
gn 3. Territo
aut rial
hori jurisd
ty iction
whi of
the
ch
court
org
impo
aniz
sing
es the
the penal
cou ty
rt
and WHICH
defi LAW
nes DETERMINE
its S THE
po JURISDICTI
wer ON OF THE
s COURT—
THE LAW
WHAT ARE IN FORCE
THE AT THE
ELEMENTS TIME OF
OF THE
JURISDICTI COMMISSI
ON OVER ON OF THE
SUBJECT OFFENSE
MATTER? OR THE
1. Nature ONE IN
of FORCE AS
the OF THE
offen TIME WHEN
se THE
2. Auth ACTION IS
orit FILED?
y of
 Gen on
eral to
rule the
: rule
the :
law whe
as re
of juri
the sdic
tim tion
e is
wh dep
en end
the ent
acti on
on the
is nat
file ure
d, of
and the
not posi
wh tion
en of
the the
offe acc
nse use
was d at
co the
mm tim
itte e of
d the
Exc
epti

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 3 of 120

the
law is
given
com retro
missi activ
on of e
the effect
offen and it
se— is not
in bene
this ficial
case, to
jurisd the
iction accus
is ed.
deter
mine WHAT IS
d by ADHERENCE
the OF
law JURISDICTIO
in N?
force Once
at jurisd
the iction
time is
of veste
the d in
com the
missi court
on of , it is
the retai
offen
ned
se
up to
the
WHY IS THE
end
APPLICABLE
of
LAW THE
LAW IN the
FORCE AT litigat
THE TIME ion
WHEN THE Remains
ACTION IS with the
FILED? court until
Since the case
other is finally
wise, terminate
it d
woul Exce
d ption
amou to
nt to the
an ex rule:
post when
facto a
law if newl
 y N?
enact Jurisdictio
ed n is
statu conferred
te by law
chan This
ging means
the that it
jurisd cannot be
iction the
of a subject of
court stipulatio
is n or
given waiver
retro
activ HOW IS
e JURISDICTIO
effect N
. It DETERMINED
can ?
dives It is
t a deter
court mina
of tion
jurisd of
iction the
over alleg
cases ation
alrea s
dy conta
pendi ined
ng in the
befor comp
e it is laint
whic or
h infor
were matio
filed n
befor
e the SITUATION:
statu X WAS
te CHARGED
WITH AN
came
OFFENSE
to
WHOSE
force PENALTY IS
or BELOW 6
beca YEARS. THE
me CASE WAS
effect FILED WITH
ive. THE MTC.
AFTER
WHAT IS TRIAL, THE
THE MOST MTC
IMPORTANT CONVICTED
PRINCIPLE HIM OF THE
ON CRIME WITH
JURISDICTIO A HIGHER
PENALTY RMAT
THAN 6 ION
YEARS. X Not
QUESTIONED deter
THE mine
CONVICTION d by
, CLAIMING the
THAT THE penal
MTC HAS NO ty
JURISDICTIO
that
N OVER THE
may
OFFENSE
be
SINCE THE
mete
PENALTY
PRESCRIBED d out
FOR IT WAS to
HIGHER the
THAN 6 offen
YEARS. der
VALID? after
X is trial
wrong but
Jurisd to
iction the
over exten
the t of
subje the
ct penal
matt ty
er is whic
deter h the
mine law
d by impo
the ses
AUTH for
ORIT the
Y OF crime
THE charg
COU ed in
RT the
TO comp
IMPO laint
SE
THE IF DURING
PENA THE
LTY PROCEEDING
IMPO S, THE
SABL COURT
E FINDS THAT
IT HAS NO
GIVE
JURISDICTIO
N
N, HOW
THE
SHOULD IT
ALLE PROCEED?
GATI Lower
ON courts
IN should
THE simply
INFO
dismiss
the case

Wher
e the
case
is
filed
in the
Supr
eme
Court
or
the
Court
of
Appe
als,
these
court
s can
refer
the
case
to
the
court
with
prop
er
jurisd
iction

WHAT IS
THE
JURISDICTIO
N OF THE
MUNICIPAL
TRIAL
COURTS IN
CRIMINAL
CASES?
1. Exclu
sive
origin
al
jurisd
iction
over
all
violat
ions
of
city
or
muni
cipal
ordin
 ance throu
s gh
com crimi
mitte nal
d negli
withi genc
n e
their 4. In
respe cases
ctive wher
territ e the
orial only
jurisd penal
iction ty
2. Exclu provi
sive ded
origin by
al law is
jurisd a
iction fine,
over it has
all exclu
offen sive
ses jurisd
punis iction
hable over
with offen
impri ses
sonm punis
ent hable
not by a
exce fine
eding not
6 exce
years eding
, P400
regar 0
dless 5. In
of electi
the on
fine offen
or ses,
other cases
acces invol
sory ving
penal failur
ties e to
and regist
civil er or
liabili failur
ty e to
3. Offen vote
ses 6. Speci
invol al
ving jurisd
dama iction
ge to to
prop hear
erty and
 decid not
e withi
petiti n the
oners exclu
for a sive
writ jurisd
of iction
habe of
as any
corpu court
s or ,
appli tribu
catio nal or
n for body,
bail exce
in pt
the those
provi fallin
nce g
or unde
city r the
wher exclu
e the sive
RTC and
judge conc
is urren
abse t
nt jurisd
7. Case iction
s of
invol the
ving Sandi
BP ganb
22— ayan
Boun
cing All
Chec crimi
ks nal
Law cases
wher
WHAT IS e the
THE penal
JURISDICTIO ty is
N OF highe
REGIONAL r
TRIAL than
COURTS IN 6
CRIMINAL years
CASES? ,
1. Exclu inclu
sive ding
origin gover
al nmen
jurisd t-
iction relat
in ed
crimi cases
nal wher
cases ein
 the m
accus a
ed in t
not i
one o
of n
those
fallin o
g r
unde li
r the b
jurisd e
iction l
of b. D
the e
Sandi c
ganb r
ayan e
is e
withi o
n the n
jurisd I
iction n
of t
the e
RTC. ll
e
2. Other c
laws t
whic u
h a
speci l
ficall P
y r
lodge o
jurisd p
iction e
in r
the t
RTC y
a. L c. D
a a
w n
s g
o e
n r
o
w u
r s
i D
t r
t u
e g
n s
C
d a
e s
f e
a s
e
 x e
c J
e u
p v
t e
w n
h il
e e
r a
e n
t d
h
e D
o o
f m
f e
e s
n t
d i
e c
r R
s e
a l
r a
e t
b i
e o
l n
o s
w C
o
1 u
6 r
t
y s
e i
a n
r
s t
a h
n e
d p
r
t o
h v
e i
r n
e c
a e
r

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 4 of 120

THE TERM
“REGULAR
COURTS”?
It refers
3. Appel
late to civil
jurisd courts as
iction opposed
over to
all military
cases courts
decid Milita
ed by ry
MTCs court
in s
their cann
respe ot try
ctive and
territ exerc
orial ise
jurisd jurisd
iction iction
4. In over
areas civilia
wher ns for
e offen
there
ses
are
alleg
no
edly
famil
y com
court mitte
s, the d by
cases them
fallin as
g long
unde as
r the civil
jurisd court
iction s are
of open
famil and
y functi
court oning
s
shall WHAT
be COURT HAS
adjud JURISDICTIO
icate N OVER A
d by COMPLEX
the CRIME?
RTC Trial
court
WHAT IS havin
THE g
MEANING OF jurisd
 iction provi
to ded
impo for in
se Articl
the e 2 of
maxi the
mum Revis
and ed
more Penal
serio Code
us
penal WHAT ARE
ty on THE CASES
an PROVIDED
offen FOR IN
se ARTICLE 2?
formi 1. Should
ng commi
part t an
of offense
while
the
on a
comp
Philippi
lex
ne ship
crime or
airship;
WHAT IS 2. Shoul
TERRITORIAL d
JURISDICTIO forge
N? or
Territ count
orial erfeit
jurisd any
iction coin
mean or
s that curren
a cy
crimi note
nal of the
actio Philippine
n Islands or
shoul obligation
d be s and
securities
filed
issued by
in
the
the
Governm
place ent of the
wher Philippine
e the Islands;
crime 3. Should
was be liable
com for acts
mitte connecte
d, d with the
exce introducti
pt in on into
those these
cases islands of
 the his
obligation volun
s and tary
securities appe
mentione aranc
d in the e or
preceding subm
number; ission
4. While to
being the
public court
officers or
employee WHEN IS
s, should THERE A
commit LAWFUL
an ARREST?
offense in 1. When
the , in
exercise his
of their prese
functions; nce,
or the
5. Should perso
commi n to
t any be
of the arres
crimes ted
agains has
t com
nation mitte
al d, is
securit actua
y and lly
the com
law of mitti
nations, ng,
defined in or is
Title One atte
of Book mpti
Two of ng to
this Code. com
mit
HOW IS an
JURISDICTIO offen
N OVER THE se;
PERSON OF 2. When
THE an
ACCUSED offen
ACQUIRED? se
1. Upon has
the just
lawfu been
l com
arres mitte
t of d and
the he
accus has
ed prob
2. Upon able
caus
e to
belie
ve
base
3. When
d on
the
perso
perso
nal
n to
know
be
ledge
arres
of
ted is
facts
a
or
priso
circu
ner
msta
who
nces
has
that
esca
the
ped
perso
from
n to
a
be
penal
arres
estab
ted
lishm
has
ent
com
or
mitte
place
d it;
wher
e he
is
servi
ng
final
judg
ment
or is
temp
oraril
y
confi
ned
while
his
case
is
pendi
ng,
or
has
esca
ped
while
being
trans
ferre
d
from
one
confi
neme
nt to
 anot N OVER THE
her PERSON BE
4. Hot WAIVED?
pursu Yes
it Unlik
e
WHAT DOES jurisd
IT MEAN iction
WHEN A over
PERSON the
VOLUNTARIL offen
Y SUBMITS se
HIMSELF TO
whic
THE COURT?
h is
He
confe
cann
rred
ot
by
anym
the
ore
quest Const
ion itutio
the n or
jurisd by
iction law,
of jurisd
the iction
court over
over the
his perso
perso n
n may
be
WHEN CAN A waiv
PERSON ed
QUESTION For
THE exam
LEGALITY OF ple,
HIS ARREST? any
An objec
accus tion
ed to
may the
quest proce
ion dure
the leadi
legali ng to
ty of the
his arres
arres t
t must
befor be
e he oppo
enter rtune
s his ly
plea raise
d
CAN befor
JURISDICTIO e the
 accus objec
ed t to
enter the
s his jurisd
plea, iction
or of
it is the
deem court
ed over
waiv his
ed perso
n
SITUATION: must
X WAS appe
CHARGED IN ar in
COURT WITH court
AN for
OFFENSE. X
that
FILED A
purp
MOTION TO
ose
QUASH ON
THE only,
GROUND and if
THAT THE he
COURT HAS raise
NO d
JURISDICTIO other
N OVER HIS quest
PERSON ions
BECAUSE he
THE ARREST waiv
WAS es
ILLEGAL AND the
BECAUSE objec
THE tion.
INFORMATIO
N WAS SITUATION:
INCOMPLETE X WAS
. CAN X CHARGED
INVOKE WITH
LACK OF ESTAFA IN
JURISDICTIO MAKATI
N OF THE WHILE HE IS
COURT OVER IN THE US.
HIS HE WAS
PERSON? INFORMED
No. X ABOUT THIS
cannot AND HE
invoke MOVED FOR
the lack THE
of QUASHING
jurisdictio OF THE
n of the INFORMATIO
court N AGAINST
One HIM.
who
desir IS THE
es to PRESENCE
OF THE
ACCUSED over
NECESSARY the
IN ORDER perso
FOR THE n of
COURT TO the
ACT ON A accus
MOTION? ed to
It is act
not on a
nece motio
ssary n,
for such
the as
court dismi
to ssing
first a
acqui case
re or
jurisd other
iction relief.

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 5 of 120

FOR THE
COURT TO
FIRST
ACQUIRE
The
JURISDICTIO
outri N OVER THE
ght PERSON TO
dismi ACT ON A
ssal MOTION
of EXCEPT IN
the APPLICATIO
case NS FOR
even BAIL?
befor Perso
e the nal
court prese
acqui nce
res is
jurisd need
iction ed in
over bail—
the the
perso court
n of need
the s to
accus know
ed is who
allow the
ed, perso
exce n
pt in seeki
appli ng
catio libert
ns for y is
bail,
in SITUATION:
whic X
h QUESTIONS
insta THE
nce LEGALITY OF
the HIS ARREST.
prese HE COMES
nce BEFORE THE
of COURT TO
the APPLY FOR
BAIL. DID HE
accus
WAIVE HIS
ed is
RIGHT TO
mand
QUESTION
atory THE
. LEGALITY OF
HIS ARREST?
WHY IS IT Appli
NOT catio
NECESSARY
 n for gnme
bail nt or
is not befor
a e he
waiv enter
er on s his
the plea
part
of HOW
the ARREST IS
arres TO BE
ted MADE?
perso An
n as arres
long t is
as he made
has by an
not ACTU
enter AL
ed REST
his RAIN
plea T of a
perso
CAN A n to
PERSON be
WAIVE TO arres
QUESTION ted,
THE or by
ILLEGALITY his
OF HIS subm
ARREST? ission
He to
cann the
ot custo
quest dy of
ion the
the perso
illega n
lity of maki
his ng
arres the
t arres
after t.
he No
enter viole
s his nce
plea or
He unne
must cessa
quest ry
ion force
the shall
illega be
lity used
befor in
e maki
arrai ng an
 arres OF
t. PHYSICAL
The PRESENCE
perso IN
n APPLICATIO
arres N FOR BAIL?
ted See the
shall PADARAN
not GA CASE
be
subje WHAT ARE
ct to THE
a REMEDIES
great OF A
PERSON
er
ILLEGALLY
restr
ARRESTED?
aint
1. By
than
the
is filing
nece of a
ssary motio
for n to
his quas
dete h
ntion. 2. Refus
e to
WHAT DO enter
WE MEAN BY plea
ACTUAL (?)
RESTRAINT?
Whe
n the
perso
n is
depri
ved
of
libert
y or
other
wise
in
the
custo
dy of
the
perso
n
maki
ng
the
arres
t

IS THERE AN
EXCEPTION
TO THE RULE
 P
R
O
S
WHAT IS
E
THE
C
RELATION
U
OF THE
T
PRINCIPLE
I
OF
O
ESTOPPEL
TO N
ILLEGALITY
OF O
ARRESTS? F
A
O
perso
F
n
F
who E
has N
not S
quest E
ioned S
the
illega Section 1.
lity of Institution of
his criminal
arres actions.–
t can Criminal
not actions shall
do so be instituted
after as follows:
a
certai (a) For
n offenses
perio where a
d preliminary
investigatio
DOES THE n is required
PRINCIPLE pursuant to
OF section 1 of
ESTOPPEL Rule 112, by
APPLY TO filing the
THE STATE? complaint
No, it with the
proper
does not
officer for
apply
the purpose
of
R
conducting
U
the requisite
L preliminary
E investigatio
n.
1
1
(b) For all
0
other
offenses, by
-
filing the
complaint or tigati
information on is
directly with requi
the red,
Municipal by
Trial Courts filing
and a
Municipal comp
Circuit Trial laint
Courts, or with
the the
complaint prop
with the er
office of the office
prosecutor. r for
In Manila the
and other purp
chartered ose
cities, the of
complaints cond
shall be filed uctin
with the g the
office of the requi
prosecutor site
unless preli
otherwise mina
provided in ry
their inves
charters. tigati
on
The 2. For
institution of the
the criminal other
action shall offen
interrupt the ses,
running of by
the period of filing
prescription the
of the comp
offense laint
charged or
unless infor
otherwise matio
provided in n
special laws. direct
ly
HOW ARE with
CRIMINAL the
ACTIONS MTC
INSTITUTED? or
1. For comp
offen laint
ses with
wher the
e a office
preli of
mina the
ry prose
inves cutor
 muni
WHAT IS cipal
THE EFFECT ordin
OF THE ance
INSTITUTION s and
OF THE speci
CRIMINAL al
ACTIONS ON laws
THE PERIOD —
OF interr
PRESCRIPTI
upte
ON OF THE
d
OFFENSE?
only
It
by
shall
the
interr
instit
upt
ution
the
of
runni
the
ng
judici
off
al
the
proce
perio
eding
d of
s for
presc
their
riptio
inves
n of
tigati
the
on
offen
and
se
punis
unles
hmen
s
t,
other
while
wise
violat
provi
ions
ded
of
for in
muni
speci
cipal
al
ordin
laws
ance
Rule
s
does
presc
n’t
ribe
apply
after
to
2
violat
mont
ions
hs
of

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 6 of 120

60
da
ys
Si
xt
INSTITUTION
y
For offenses da
preliminary investigation, ys
criminal action is instituted by filing
co
the complaint un
investigation te
d
WHAT IS fro
THE m
EFFECT OF th
THE FILING e
BEFORE ti
THE m
LUPON
e
BARANGAY
w
TO THE
RUNNING he
OF n
PRESCRIPT th
ION? e
It Lu
wo po
uld n
int Se
err cr
upt et
the ar
run y
nin ce
g rti
of fie
the s
pre th
scri at
pti no
ve co
per nc
iod ili
but ati
it on
sho or
uld se
not ttl
be e
for m
mo en
re t
tha wa
n s
 rea a
che co
d nfr
or on
up tat
on io
rep n
udi be
ati tw
on ee
of n
the th
par e
ties pa
of rti
the es
agr be
ee for
me e
nt th
e
CAN THE Lu
OFFENDED po
PARTY GO n
DIRECTLY Ch
TO COURT air
TO FILE A m
CRIMINAL an
ACTION?
.
No.
Th
Ge
e
ner
Lu
al
po
rul
n
e is
se
tha
cr
t
et
bef
ar
ore
y
a
sh
co
ou
mp
ld
lain
ce
t is
rtif
file
y
d
th
in
at
cou
no
rt,
co
the
nc
re
ili
sho
ati
uld
on
ha
or
ve
se
be
ttl
en
e
 me AN
nt PAMBARA
wa NGAY
s LAW?
rea 1. Whil
che e
d th
att e
dis
est
pu
ed
te
to
is
by un
the de
Lu r
po m
n ed
Ch iat
air io
ma n
n. co
Th nc
e ili
co ati
mp on
lain or
t ar
ma bit
y rat
als io
o n,
be th
file e
pr
d if
es
the
cri
set
pti
tle
ve
me pe
nt rio
is ds
rep for
udi off
ate en
d se
by s
the an
par d
ties ca
Note: us
Lupon e
Tagapam of
ayapa ac
tio
WHAT IS n
THE un
PROCEDUR de
E IN THE r
KATARUNG ex
 isti t
ng or
law th
s e
sha ce
ll rti
be fic
int at
err e
upt of
ed re
up pu
on di
fili ati
ng on
of or
the of
co th
mp e
lain ce
t rti
wit fic
h ati
the on
Pu to
no fil
ng e
Bar ac
an tio
ga n
y fil
2. Pres ed
cri by
pti th
ve e
per Lu
iod po
s n
sha or
ll Pa
res ng
um ka
e t
up se
on cr
rec et
eip ar
t y
by 3. Prov
the id
co ed
mp ho
lain we
ant ve
of r,
the th
co at
mp su
lain ch
 int e
err de
upt pri
ion ve
sha d
ll of
not pe
exc rs
ee on
d al
60 lib
da ert
ys y
fro ca
m lli
the ng
fili for
ng ha
of be
the as
co co
mp rp
lain us
t pr
wit oc
h ee
the di
Pu ng
no s
ng
Bar
an
ga
y

WHAT ARE
THE
EXCEPTION
S TO THE
RULE?
1. Where
the
accu
sed
is
unde
r
dete
ntion
2. Wher
e a
per
son
has
be
en
oth
er
wis
 the
perfor
manc
e of
3. Where
his
action
officia
s are
l
couple
functi
d with
ons
provisi
3. Offen
onal
ses
remed
punis
ies
hable
4. Where
by
the
impri
action
sonm
may
ent
be
excee
barred
ding
by the
1
statut
year
e of
or
limitat
fine
ions
excee
ding
WHEN ARE P500
AMICABLE 0
SETTLEMENT 4. Offen
S NOT ses
ALLOWED? wher
1. Where e
one there
party is no
is the privat
gover e
nment offen
or any ded
subdiv party
ision 5. Wher
or e the
instru dispu
menta te
lity involv
thereo es
f real
2. Where prope
one rties
party locate
is a d in
public differ
officer ent
or cities
emplo or
yee muni
and cipalit
the ies
disput 6. Dispu
e tes
relate involv
s to ing
 partie settle
s who ment
reside s are
in not
differe allow
nt ed,
baran the
gays,
partie
cities
s may
or
munici still
palitie go to
s the
7. Other Lupo
cases n
which Taga-
the pama
Presid yapa.
ent It is
may the
deter Lupo
mine n that
in the will
intere say
st of that it
justice
has
or
no
upon
the jurisdi
recom ction
mend to
ation settle
of the the
Secret dispu
ary of te, on
Justice the
other
WHAT IS THE hand,
DIFFERENCE in the
BETWEEN other
THE insta
INSTANCES nce,
WHEN the
PARTIES MAY partie
GO DIRECTLY s may
TO COURT go
AND WHEN
direct
AMICABLE
ly to
SETTLEMENT
S ARE NOT the
ALLOWED? court
The witho
differe ut
nce is going
that to the
when Lupo
the n
amica
ble Sec. 2. The
complaint or
information – offen
The se
complaint or involv
information ed
shall be in
writing, in WHY
the name of SHOULD THE
the People of COMPLAINT
the OR
Philippines INFORMATIO
and against N BE IN THE
all persons NAME OF
who appear THE PEOPLE
to be OF THE
responsible PHILIPPINES
for the ?
offense Crime
involved. is
consi
WHAT IS THE dered
FORM an
REQUIRED outra
FOR THE ge
COMPLAINT again
OR st the
INFORMATIO peace
N? and
1. Shall
securi
be in
ty of
writin
the
g
2. In the peopl
name e at
of the large,
People its
of the vindic
Philipp ation
ines must
3. Agains also
t all be in
person the
s who name
appea of the
r to be peopl
respon e
sible
for the

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 7 of 120

why
“Peo
ple of
If the the
comp Philip
laint pines
was v.
instit Juan
uted dela
in Cruz”
the when
name he
of has
the only
offen rape
ded d one
party perso
, n
such
is HOW MANY
only OFFENDED
PARTY
a
COULD
defec
THERE BE?
t in
Public
form
and
and
private
may
offended
be
parties
cured
The
at
State,
any
which is
stage
the public
of
offended
the
party
trial
The
Justic
individual
e , who is
Sabio the
: private
there offended
was party
this
perso WHY
n SHOULD THE
charg COMPLAINT
ed of BE IN
rapin WRITING?
g a So that
wom the court
an has a
who basis for
quest its
ions decision
 To complaint is
infor a sworn
m written
the statement
accus charging a
ed of person with
the an offense,
natur subscribed
by the
e and
offended
caus
party, any
e of
peace
the officer, or
accus other public
ation officer
to charged
allow with the
him enforcement
to of the law
prese violated.
nt his
defen WHAT IS A
se COMPLAINT?
So 1. Swor
that n
given writt
the en
fallibi state
lity of ment
huma 2. Char
n ging
a
mem
perso
ory,
n
nobo with
dy an
will offen
forge se
t the 3. Subs
charg cribe
e d by
the
TO WHOSE offen
DECISION IS ded
IT TO party
CHARGE , any
PERSONS peac
WHO e
APPEAR TO office
BE r, or
RESPONSIBL publi
E FOR THE c
OFFENSE? office
Prosecuto r
r charg
ed
Sec. 3. with
Complaint the
defined. – A enfor
ceme
 nt of Articl
the e 100
law of
the
WHO MAY RPC
FILE A
COMPLAINT?
May
be
filed
by
the
offen
ded
party
, any
peac
e
office
r, or
publi
c
office
r
charg
ed
with
the
enfor
ceme
nt of
the
law
violat
ed

WHO IS THE
OFFENDED
PARTY?
Person
actually
injured or
whose
feeling is
offended
One
to
who
m
the
offen
der is
also
civilly
liable
unde
r
 pertains
to private
crimes,
compared
Article 100. to public
Civil liability crimes
of a person
guilty of WHY DO WE
felony. — HAVE TO
Every MAKE A
person DISTINCTION
criminally BETWEEN
liable for a PRIVATE
felony is AND PUBLIC
also civilly CRIMES?
liable.
Ther
e is a
IF THE defer
OFFENDED ence
PARTY DIES to
BEFORE HE the
IS ABLE TO offen
FILE A
ded
COMPLAINT,
party
CAN HIS
HEIRS FILE when
IT IN HIS it
BEHALF? come
No, s to
the priva
right te
to file crime
a s
crimi
nal CAN YOU
actio FILE A
n is COMPLAINT
perso AGAINST A
JURIDICAL
nal
PERSON?
and
No, a
abate
criminal
s
complaint
upon
cannot lie
the
against a
deat
juridical
h of
person
the
If the
offen
corpo
ded
ratio
party
n
. It is
violat
not es
trans the
missi law,
ble to the
his office
heirs. r,
This throu
 gh o
who
m f
the o
corpo r
ratio b
n i
acts, d
answ
ers o
crimi r
nally
for c
his o
acts m
m
MAY a
CRIMINAL n
PROSECUTIO d
NS BE
ENJOINED?
s
No,
o
publi
m
c
e
inter
o
est
n
requi
e
res
that
t
crimi
o
nal
acts
d
must
be o
imme
diatel s
y o
inves m
tigat e
ed t
and h
prose i
cuted n
Why? For g
the
protectio I
n of t
society
E i
n s
j
o a
i
n m
: a
t
t t
e
 r y of
actio
o ns
f 3. Wher
e
p there
o is a
preju
l
dicial
i
quest
c ion
y whic
h is
sub
WHAT ARE judic
THE e
EXCEPTIONS (befo
TO THE RULE re a
THAT court
CRIMINAL or
PROSECUTIO judge
NS MAY BE for
ENJOINED? consi
1. To derat
affor ion)
d 4. When
adeq the
uate acts
prote of
ction the
to office
const r are
itutio witho
nal ut or
right in
s of exce
the ss of
accus auth
ed ority
2. Whe 5. Wher
n e the
nece prose
ssary cutio
for n is
the unde
order r
ly invali
admi d
nistra
law,
tion
ordin
of
ance,
justic
or
e or
regul
to
ation
avoid
6. When
oppr
doubl
essio
e
n or
jeopa
multi
rdy is
plicit
clearl
 y r
appa than
rent prose
7. Wher cutio
e the n
court 9. Wher
had e the
no charg
jurisd es
iction are
over manif
the estly
offen false
se and
8. Wher motiv
e is it ated
a by
case the
of lust
perse for
cutio veng
n eanc
rathe e

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 8 of 120

en
iss
ue
d
10. Wh
by
en
th
the
e
re
Su
is
pr
cle
e
arl
m
y
e
no
Co
pri
urt
ma
to
faci
pr
e
ev
cas
en
e
t
ag
th
ain
e
st
thr
the
ea
acc
te
use
ne
d
d
an
un
d a
la
mo
wf
tio
ul
n
arr
to
es
qu
t
ash
of
on
pe
tha
titi
t
on
gro
er
un
s
d
has
IF THE
be
COMPLAIN
en
T IS NOT
de
SWORN
nie
TO BY THE
d
OFFENDE
11. Pre
D PARTY,
limi
IS IT
nar
VOID?
y
No
inj
, a
un
cti co
on m
has pl
be ai
nt ht
pre s
sen of
ted th
by e
a de
pri fe
vat nd
e an
per t
son on
wh th
en e
not m
sw eri
orn ts
to
by WHEN IS A
hi COMPLAINT
m REQUIRED?
is 1. If the
not offe
nec nse
ess is
aril one
y whi
voi ch
d can
Th not
e be
wa pros
nt ecu
of ted
de
an
offic
oat
io
h is
2. Offen
me
se
rel is
y a priv
def ate
ect in
in nat
for ure
m, 3. Whe
whi re
ch it
do pe
esn rta
’t ins
aff to
ect th
the os
sub e
sta ca
nti se
ve s
rig w
hi
 ch ecu
ne tor
ed 4. Filed
to in
be the
en cou
dor rt
sed
by COMPLAINT
spe May be signed by the offended
cifi
party, any peace officer, or oth
c
public officer in charge with the
pu
blic enforcement of the law violated
aut
hor Sworn to by the person signing
itie
s

Sec. 4. May be filed either with the offi

Informatio of prosecutor or with the court
n defined.
– An In private offenses, this would s
informatio the proceedings
n is an
accusation
in writing
charging a
person
with an
offense,
subscribed
by the
prosecutor
and filed
with the
court.

WHAT IS AN
INFORMATI
ON?
1. Accus
ation
in
writi
ng
2. Chargi
ng a
pers
on
with
an
offen
se
3. Subscr
ibed
by
the
pros
 NO. 02-2-07-
SC [Effective
May 01,
2002]
complaint
Latest
Sec. 5. Who Amendments
must to Section 5,
prosecute Rule 110 of
criminal the Revised
actions. – All Rules of
criminal Criminal
actions Procedure
commenced which
by a provides:
complaint or "Section 5.
information Who must
shall be prosecute
prosecuted criminal
under the action. - All
direction and criminal
control of the actions
prosecutor. either
However, in commenced
Municipal by complaint
Trial Courts or by
or Municipal information
Circuit Trial shall be
Courts when prosecuted
the under the
prosecutor direction and
assigned control of a
thereto or to public
the case is prosecutor.
not available, In case of
the offended heavy work
party, any schedule of
peace officer, the public
or public prosecutor
officer or in the
charged with event of lack
the of public
enforcement prosecutors,
of the law the private
violated may prosecutor
prosecute the may be
case. This authorized in
authority writing by
shall cease the Chief of
upon actual the
intervention Prosecution
of the Office or the
prosecutor or Regional
upon State
elevation of Prosecutor
the case to to prosecute
the Regional the case
Trial Court. subject to
(Read A.M. the approval
of the court. abduction
Once so and acts of
authorized to lasciviousnes
prosecute the s shall not
criminal be
action, the prosecuted
private upon a
prosecutor complaint
shall continue filed by the
to prosecute offended
the case up party or her
to end of the parents,
trial even in grandparent
the absence s or
of a public guardian,
prosecutor, nor, in any
unless the case, if the
authority is offender has
revoked or been
otherwise expressly
withdrawn. x pardoned by
x x ."). any of them.
If the
The crimes of offended
adultery and party dies or
concubinage becomes
shall not be incapacitate
prosecuted d before she
except upon can file the
a complaint complaint,
filed by the and she has
offended no known
spouse. The parents,
offended grandparent
party cannot s or
institute guardian,
criminal the State
prosecution shall initiate
without the criminal
including the action in her
guilty behalf.
parties, if
both are The offended
alive, nor, in party, even
any case, if if a minor,
the offended has the right
party has to initiate
consented to the
the offense or prosecution
pardoned the of the
offenders. offenses of
seduction,
The offenses abduction
of seduction, and acts of
BY: MA. ANGELA LEONOR C.
AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 9 of 120

the
imputation
of any of the
offenses
lasciviousne
mentioned
ss
above shall
independent
be brought
ly of her
except at
parents,
the instance
grandparent
of and upon
s, or
complaint
guardian,
filed by the
unless she is
offended
incompetent
party.
or incapable
of doing so.
The
Where the
prosecution
offended
for violation
party, who is
of special
a minor,
laws shall be
fails to file
governed by
the
the
complaint,
provision
her parents,
thereof.
grandparent
s, or
WHO MAY
guardian
PROSECUTE
may file the
CRIMINAL
same. The
ACTIONS?
right to file
the action Gene
granted to ral
parents, rule:
grandparent all
s, or crimi
guardian nal
shall be actio
exclusive of ns
all other com
persons and menc
shall be ed by
exercised the
successively filing
in the order of a
herein comp
provided, laint
except as or
stated in the infor
preceding matio
paragraph.
n
shall
No criminal
be
action for
prose
defamation
cuted
which
unde
consists in
r the inter
direc venti
tion on of
and the
contr prose
ol of cutor
the or
prose upon
cutor eleva
In tion
the of
MTC the
or case
MCTC to
, if the
the RTC.
prose
cutor CAN A
is PROSECUTO
unav R BE
ailabl COMPELLED
e, TO FILE A
the PARTICULAR
offen COMPLAINT
ded OR
party INFORMATIO
, any N?
No
peac
e A
office prose
r or cutor
is
publi
unde
c
r no
office
comp
r in
ulsio
charg
n to
e
file a
with
partic
the
ular
enfor
crimi
ceme
nal
nt of
infor
the
matio
law
n
violat
wher
ed
e he
may
is not
prose
convi
cute.
nced
This
that
auth
he
ority
has
ceas
evide
es
nce
upon
to
actua
supp
l
ort hims
his elf of
alleg such
ation other
s reme
there dies
of such
May as
gene the
rally filing
be of a
not motio
comp n for
elled inclu
by sion
mand The
amus power of
exce prosecuti
pt if on is
the discretion
prose ary in
cutor nature
show
s TO WHOM
evide SHOULD
nt ONE APPEAL
bias A DECISION
in OF THE
filing PROSECUTO
the R?
infor The
matio decisi
n and on of
refus the
es to Prose
inclu cutor
de may
co- be
accus appe
ed aled
witho to
ut the
justifi Secre
catio tary
n of
But Justic
befor e or
e in
filing speci
of al
mand cases
amus by
, the the
party Presi
must dent
first of
avail the
Philip
pines

The
resol
ution
of
the
Secre
tary
of
Justic
e
may
be
appe
aled
to
the
Offic
e of
the
Presi
dent
in
cases
of
offen
ses
punis
hable
by
deat
h or
reclu
sio
perp
etua

IS THE
PROSECUTO
R REQUIRED
TO BE
PHYSICALLY
PRESENT IN
THE TRIAL
OF A
CRIMINAL
CASE?
If he
is not
physi
cally
prese
nt, it
cann
ot be
said cutor
that unde
the r his
prose super
cutio visio
n n and
was contr
unde ol
r his
super AFTER A
visio CASE IS
n and FILED IN
contr COURT, TO
ol— WHOM
as SHOULD A
held MOTION TO
in DISMISS BE
ADDRESSED
the
?
case
Once
of
the
Peopl
infor
e v.
matio
Beria
n is
les
filed
Peopl
in
e v.
court
Malin , the
ao court
and acqui
Brav res
o v. jurisd
CA— iction
proce What
eding ever
s are the
valid dispo
even sition
witho
the
ut
prose
the
cutor
physi
may
cal
feel
prese
woul
nce
d
of
prop
the
er in
fiscal
the
who
case
left
there
the
after
prose
shoul
cutio
d be
n to
prop
the
erly
priva
addr
te
esse
prose
 d to A PRIMA
the FACIE CASE
consi DOES NOT
derat EXIST, CAN
ion of HE REFUSE
the TO
court PROSECUTE?
, No, he
subje cannot
ct refuse to
only prosecute
to He
the is
limita obli
tion ged
by
that
law
the
to
court
pro
could
cee
not
d
impai
and
r the
pro
subst
sec
antial
ute
right
the
s of cri
the min
accus al
ed or acti
the on
right He
of can
the not
peopl imp
e to ose
due his
proce opi
ss nio
n
WHERE on
SHOULD A cou
MOTION FOR rt
REINVESTIG At
ATION BE most,
FILED? he
Should be could
to the file a
trial judge Motio
and to n for
him alone Reinv
estig
IF THE ation
PROSECUTO or a
R THINKS
Motio
AFTER
n to
FILING A
With
CASE, THAT
draw
Infor the
matio contr
n ol of
Justic the
e court
Sabio )
: the
judge WHAT IS
woul THE
d be DISTINCTION
stupi BETWEEN
d THE
enou CONTROL BY
gh THE
not PROSECUTIO
to N AND
grant CONTROL BY
a THE COURT?
Motio Befor
n to e the
With filing
draw of
Infor the
matio case
n or in
Motio court
n for , the
Reinv prose
estig cutio
ation n has
Sera contr
pio v. ol
Sandi over
ganb the
ayan: follo
the wing
court —
may what
order case
the to
dismi file, if
ssal need
of a be;
case who
if it m to
finds prose
the cute;
abse the
nce mann
of er of
prob prose
able cutio
caus n; to
e cond
(esse uct
nce reinv
of estig
 ation

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 10 of 120

After
the
filing
The of
right the
to case
prose in
cute court
vests , the
the court
prose has
cutor contr
with ol
a over
wide the
rang follo
e of wing
discr —the
etion susp
—the ensio
discr n of
etion arrai
of gnme
whet nt;
her, reinv
what, estig
and ation;
who prose
m to cutio
charg n by
e, the
the prose
exerc cutor
ise of ;
whic dismi
h ssal
depe or
nds withd
on a rawal
varie of
ty of the
facto case;
rs and
whic down
h are gradi
best ng of
appr the
eciat offen
ed by se or
the drop
prose ping
cutor of
s the
 accus to
ed main
even tain
befor prose
e cutio
plea; n
and shoul
revie d be
respe
w of
cted
the
by
Secre
the
tary’s court
reco
mme WHAT ARE
ndati THE CRIMES
on THAT MUST
and BE
reject PROSECUTE
it if D UPON
there COMPLAINT
is OF THE
grave OFFENDED
abus PARTY?
e of Adult
discr ery
etion and
conc
WHAT ARE ubina
THE ge
LIMITATIONS Sedu
ON THE ction,
CONTROL OF abdu
THE COURT? ction,
1. Prose acts
cutio of
n is lasciv
entitl iousn
ed to ess
notic Defa
e matio
2. The n
whic
court
h
must
consi
await
sts in
the
the
result
impu
of
tatio
the
n of
petiti
an
on offen
for se
revie ment
w ioned
3. The abov
prose e
cutio
n’s IS THERE
stand DEFAMATIO
N AND A cann
PRIVATE ot be
CRIME WHEN prose
ONE CALLS cuted
ANOTHER exce
BLASPHEMO pt
US AND upon
CHRONIC a
LIAR? comp
No, laint
for filed
the by
defa the
matio aggri
n to eved
be party
consi Only
dere to
d a give
priva defer
te ence
crime to
, the
there offen
shoul ded
d be party
impu who
tatio may
n of prefe
com r not
mitti to file
ng the
adult case
ery, inste
conc ad of
ubina going
ge, throu
sedu gh a
ction, scan
abdu dal of
ction, a
or publi
acts c trial
of
lasciv AFTER THE
iousn CASE FOR A
ess PRIVATE
CRIME IS
WHAT IS A FILED IN
PRIVATE COURT,
CRIME? WHAT IS
Priva THE EFFECT
te OF PARDON
offen BY THE
se OFFENDED
whic PARTY?
h Will not
have any
effect on
the
prosecuti
on of the WHAT IS
offense THE
Once MEANING OF
a THE
comp STATEMENT
laint THAT
has COMPLIANCE
been WITH THE
filed RULE IS
in JURISDICTIO
court NAL?
, Com
jurisd plaint
iction filed
over by
the the
offen offen
se ded
will party
be is
acqui what
red starts
and the
will prose
conti cutio
nue n,
to be witho
exerc ut
ised whic
by h the
the court
court s
until cann
the ot
termi exerc
natio ise
n of their
the jurisd
case iction
Prose
cutio
n
cann
ot
proce
ed
witho
ut
the
comp
laint
being
filed
by
 the comp
comp laint
laina for
nt adult
ery
CAN A and
FATHER FILE conc
A ubina
COMPLAINT ge
ON BEHALF may
OF HIS only
DAUGHTER be
FOR filed
CONCUBINA by
GE? the
No, offen
the ded
rule party
allow
ing IF THE
pare OFFENDED
nts, PARTY IS OF
gran AGE IN THE
dpar CRIME OF
ents, ABDUCTION,
or SEDUCTION,
guar OR ACTS OF
dians LASCIVIOUS
to file NESS, CAN
a HER
comp PARENTS,
laint GRANDPARE
on NTS, OR
behal GUARDIAN
f of FILE THE
COMPLAINT
the
FOR HER?
mino
No. If
r
the
appli
offen
es
ded
only
party
to
is
the
alrea
offen
dy of
ses
age,
of
she
sedu
has
ction,
the
abdu exclu
ction, sive
and right
acts to file
of the
lasciv comp
iousn laint
ess unles
A s she
 beco durin
mes g the
incap pend
acitat ency
ed of
The the
pare case
nts, is not
gran a
dpar grou
ents, nd
and for
guar the
dians extin
only guish
have ment
exclu of
sive crimi
succ nal
essiv liabili
e ty
auth whet
ority her
to file total
the or
case parti
if the al
offen
ded X FILED A
party SWORN
is COMPLAINT
only FOR ACTS
a OF
mino LASCIVIOUS
r NESS
BEFORE THE
IF THE PROSECUTO
OFFENDED R. BEFORE
PARTY DIES THE
DURING THE PROSECUTO
PENDENCY R COULD
OF THE FILE A CASE
CASE, IS THE IN COURT, X
CRIMINAL DIED. CAN
LIABILITY OF THE
THE PROSECUTO
ACCUSED R STILL FILE
EXTINGUISH THE
ED? INFORMATIO
No, N IN COURT?
the Yes,
deat the
h of desir
the e of
comp X to
laina file
nt the
case
 is WITH RAPE
evide WAS FILED
nt in AGAINST X.
her X MOVED TO
filing DISMISS THE
of INFORMATIO
comp N ON THE
laint GROUND
THAT THERE
befor
WAS NO
e the
COMPLAINT
prose
FILED BY
cutor THE
OFFENDED
AN PARTY.
INFORMATIO SHOULD THE
N FOR CASE BE
ROBBERY DISMISSED?

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
 CRIMINAL PROCEDURE NOTES
Page 11 of 120

No, in robbery with rape, the complaint of the offended party is

not necessary since the offense of robbery is not a private offense 2. In all criminal prosecutions, the accused shall be presumed
Prosecution can be commenced without the complaint of the innocent until the contrary is proved, and shall enjoy the right to be
offended party heard by himself and counsel, TO BE INFORMED OF THE NATURE
AND CAUSE OF THE ACCUSATION AGAINST HIM, to have a speedy,
Sec. 6. Sufficiency of complaint or information. – A complaint or impartial, and public trial, to meet the witnesses face to face, and
information is sufficient if it states the name of the accused; the to have compulsory process to secure the attendance of witnesses
designation of the offense given by the statute; the acts or and the production of evidence in his behalf. However, after
omissions complained of as constituting the offense; the name of arraignment, trial may proceed notwithstanding the absence of the
the offended party; the approximate date of the commission of the accused: Provided, that he has been duly notified and his failure to
offense; and the place where the offense was committed. appear is unjustifiable.
When an offense is committed by more than one person, all of them
shall be included in the complaint or information.
Sec. 7. Name of the accused. – The complaint or information must
state the name and surname of the accused or any appellation or
WHEN IS A COMPLAINT OR INFORMATION DEEMED SUFFICIENT?
It is deemed sufficient if it states the following: nickname by which he has been or is known. If his name cannot be
ascertained, he must be described under a fictitious name with a
o The name of the accused
statement that his true name is unknown.
o The designation of the offense as defined by statute
o The acts or omissions complained of as constituting the
offense If the true name of the accused is thereafter disclosed by him or
appears in some other manner to the court, such true name shall
o The name of the offended party
be inserted in the complaint or information and record.
o The approximate date of the commission of the offense
o The place of the commission of the offense
Nothing in Section 6 or 8 of Rule 110 mandates that the material WHEN IS THE ERROR IN THE NAME OF THE ACCUSED NOT FATAL TO
AN INFORMATION?
allegations should be stated in the preamble or caption of the
Information (People v. Villanueva) Error in the name of the accused will not nullify the information if
it contains sufficient description of the person of the accused
X WAS CHARGED WITH RAPE OF THE 10-YEAR-OLD DAUGHTER OF
WHEN SHOULD THE ERROR IN THE NAME OR IDENTITY BE RAISED
HIS COMMON-LAW WIFE. THE INFORMATION ONLY ALLEGED
MINORITY AND RELATIONSHIP IN THE TITLE. VALID? BY THE ACCUSED?
The error should be raised before arraignment, or else it is
Yes. As held in People v. Villanueva, “Nothing in Section 6 or 8 of
Rule 110 mandates that the material allegations should be stated deemed waived
in the preamble or caption of the Information”
WHY SHOULD THE NAME OF THE ACCUSED BE PROVIDED?
In the issuance of the arrest warrants
WHAT IS THE RATIONALE BEHIND THE REQUIREMENTS TO DEEM A
COMPLAINT OR INFORMATION TO BE SUFFICIENT? For the court to acquire jurisdiction
This is in consonance with the accused’s right to be informed of
the nature and cause of the accusation against him Sec. 8. Designation of the offense. – The complaint or information
shall state the designation of the offense given by the statute,
aver
the acts or omissions constituting the offense, and specify its
ARTICLE 3, SECTION 14. qualifying and aggravating circumstances. If there is no
designation of the offense, reference shall be made to the section
1. No person shall be held to answer for a criminal offense or subsection of the statute punishing it.
without due process of law.

BY: MA. ANGELA LEONOR C. AGUINALDO

ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 12 of 120

statu
te,
refer
ence
shall
WHAT
be
SHOULD BE
made
INCLUDED IN
to
THE
the
DESIGNATIO
secti
N OF THE
on or
OFFENSE IN
subs
THE
ectio
COMPLAINT
n of
OR
the
INFORMATIO
N? statu
te
1. Desig
punis
natio
hing
n of
it
the
offen
se THE
given INFORMATIO
by N MERELY
the ALLEGED
statu EVIDENT
PREMEDITAT
te
2. Acts ION BUT THE
and TRIAL
omis COURT
sions CONSIDERED
const IT IN
itutin IMPOSING
g the THE
offen PENALTY.
se VALID?
3. Quali Invali
fying d. It
and is not
aggr enou
avati gh
ng that
circu the
msta aggr
nces avati
4. If ng
there circu
is no msta
desig nce
natio of
n of evide
the nt
offen prem
se by edita
the tion
 be alleg
alleg e
ed. murd
The er, X
esse can
ntial be
elem convi
ents cted
there of
of, murd
just er.
like The
the reaso
offen n is
se that
itself, the
must recita
be l of
clearl facts
y and
prove not
n and the
estab desig
lishe natio
d n of
the
X WAS offen
CHARGED se
WITH that
HOMICIDE. is
CAN HE contr
POSSIBLY BE olling
CONVICTED
OF MURDER? IN IMPOSING
Yes. THE
If the PENALTY
recita FOR THE
ls in CRIME OF
the MURDER
comp THE TRIAL
laint COURT
or CONSIDERED
infor THE
matio CIRCUMSTA
n of NCE OF THE
the USE OF AN
acts UNLICENSED
and FIREARM AS
omis PROVEN
sions DURING THE
const TRIAL TO
itutin QUALIFY
THE CRIME
g the
PURSUANT
offen
TO RA 8294,
se
EVEN IF NOT
actua ALLEGED IN
lly THE
INFORMATIO whic
N. VALID? h is
No. contr
The olling
culpri
t’s X WAS
use CHARGED
of an WITH
unlic ESTAFA AND
ense THE RECITAL
d OF FACTS
firear ALLEGE
m is ESTAFA.
an CAN X BE
esse CONVICTED
ntial OF THEFT?
elem No,
ent, the
of two
whic crime
h s
circu have
msta elem
nces ents
whic that
h are
must differ
be ent
alleg from
ed each
other
X WAS . To
CHARGED convi
WITH ct X
ESTAFA BUT of
THE RECITAL theft
OF FACTS unde
ACTUALLY r an
ALLEGES infor
THEFT. CAN matio
X BE n
CONVICTED that
OF THEFT? alleg
Yes, es
beca
use it
is the
recita
l of
facts,
not
the
desig
natio
n of
the
offen
se
 itute
d of
homi
estaf cide
a with
woul additi
d onal
violat qualif
e his ying
right aggr
to be avati
infor ng
med circu
of msta
the nces.
natur It
e and may
caus be
e of the
the case
accus that
ation
the
again
qualif
st
ying
him.
aggr
X WAS avati
CHARGED ng
WITH circu
MURDER. msta
CAN HE BE nces
CONVICTED were
OF not
HOMICIDE? prove
Yes. n, to
It is convi
the ct
recita the
l of accus
the ed
facts
and WHAT IS
not THE REASON
the FOR
desig QUALIFYING
natio OR
n of AGGRAVATI
the NG
offen CIRCUMSTA
se, NCES?
whic Its
h is exist
contr ence
olling may
. give
Murd anot
er is her
const desig
 natio the
n of crime
the itself
offen —it
se shoul
com d be
mitte prove
d or n
incre beyo
ase nd
the reaso
penal nable
ty to doub
be t
impo
sed if WHAT ARE
the NEGATIVE
accus ALLEGATION
ed is S? WHAT IS
convi THE
cted DIFFERENCE
OF A
WHAT NEGATIVE
SHOULD THE ALLEGATION
PROSECUTO AS AN
R DO IF ESSENTIAL
EVER THERE ELEMENT OF
EXISTS A CRIME
AGGRAVATI AND A
NG OR NEGATIVE
QUALIFYING ALLEGATION
CIRCUMSTA AS NOT AN
NCES? ELEMENT OF
To be A CRIME?
appr
eciat A
ed, it nega
must tive
be alleg
speci ation
ficall as an
y esse
inclu ntial
ded elem
in ent
the or
alleg ingre
ation dient
of of a
facts. crime
It , it
must shoul
also d be
be inclu
prove ded
n just in the
like infor
matio any
n and licens
must e,
be the
prove infor
n to matio
be n
able shoul
to d
convi indic
ct ate
the that
accus he
ed was
A carryi
nega ng
tive the
alleg firear
ation, m
if not witho
an ut
esse any
ntial licens
elem e.
ent This
of a is a
crime mala
, it prohi
may bitu
not m. If
be the
inclu abse
ded nce
in of
the licens
infor e is
matio not
n to inclu
be ded
able in the
to infor
convi matio
ct n, he
the could
accus not
ed be
If a convi
perso cted.
n is If a
caug perso
ht n is
with caug
a ht
firear with
m prohi
witho bited
ut drugs
 . This don’t
is a need
mala to
in se. alleg
It is e
enou that
gh he
that isn’t
he in
was poss
in essio
poss n of
essio any
n of presc
such riptio
drugs n.
. You The

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 13 of 120

No,
while
unde
docto r
r’s Articl
presc e 335
riptio of
n as the
ment RPC
ioned amen
by ded
the by
accus RA
ed is 7659,
only the
a accus
matt ed
er of may
defen be
se.
sente
nced
X WAS
to
CHARGED
deat
WITH RAPE
OF THE 10- h if
YEAR-OLD the
DAUGHTER victi
OF HIS m is
COMMON- a
LAW WIFE. mino
THE r and
INFORMATIO the
N ONLY offen
ALLEGED der is
MINORITY. the
THE COURT pare
CONVICTED nt,
THE asce
ACCUSED OF ndan
RAPE AND t,
IMPOSED stepp
THE DEATH arent
PENALTY
,
AFTER THE
guar
RELATIONSH
IP OF THE dian,
ACCUSED relati
WITH THE ve by
VICTIM’S cons
MOTHER angui
WAS nity
PROVEN. or
WAS THE affini
COURT ty
CORRECT? withi
 n the BE
third CONVICTED
civil OF RAPE
degr WHERE THE
ee, WOMAN IS
or DEPRIVED
the OF REASON
com OR IS
OTHERWISE
mon-
UNCONSCIO
law
US?
spou
No,
se of
wher
the
e the
pare
law
nt of
distin
the
guish
victi
es
m,
two
THE
cases
TWIN
of
REQU
violat
ISITE
ion of
S OF
its
MINO
provi
RITY
sion,
AND
the
RELA comp
TION laint
SHIP or
MUST infor
BE matio
ALLE n
GED must
AND speci
PROV fy
ED unde
TO r
WAR whic
RANT h of
THE the
IMPO two
SITIO cases
N OF the
THE defen
DEAT dant
H is
PENA being
LTY charg
ed
X WAS
CHARGED Sec. 9.
WITH RAPE Cause of the
COMMITTED accusation. –
THROUGH The acts or
FORCE AND omissions
INTIMIDATIO complained
N. CAN HE of as
constituting THE COURT
the offense CONSIDERED
and the THEM AS
qualifying QUALIFYING
and CIRCUMSTA
aggravating NCES.
circumstanc PROPER?
es must be The
stated in requi
ordinary and reme
concise nt
language unde
and not r
necessarily Secti
in the on 8
language is
used in the satis
statute but
fied
in terms
as
sufficient to
long
enable a
person of as
common the
understandi circu
ng to know msta
what offense nces
is being are
charged as alleg
well as its ed in
qualifying the
and infor
aggravating matio
circumstanc n
e and for the even
court to if
pronounce those
judgment. are
not
IN THE speci
INFORMATIO fied
N FOR RAPE as
THE AGES aggr
AND avati
RELATIONSH
ng or
IP OF THE
qualif
VICTIMS
ying
WERE
STATED BUT circu
NOT msta
ALLEGED nces
WITH
SPECIFICITY
AS
QUALIFYING
CIRCUMSTA
NCES. IN
IMPOSING
THE
PENALTY,
 OF
FIREARMS,
BUT THE
INFORMATIO
IN WHAT
N DIDN'T
CASE CAN
ALLEGE
AN ACCUSED
THAT X
NOT BE
DIDN'T HAVE
CONVICTED
ANY LICENSE
OF A CRIME
TO POSSESS
DIFFERENT
THE
FROM THAT
FIREARM. IS
DESIGNATED
THE
IN THE
INFORMATIO
COMPLAINT
N VALID?
OR
No,
INFORMATIO
N EVEN IF the
THE RECITAL abse
OF FACTS nce
ALLEGE THE of
COMMISSIO the
N OF THE licens
CRIME? e is
The accused an
cannot be esse
convicted if: ntial
1. It elem
invol ent
ves a of
chan the
ge of offen
theor se
y in It should
the be
trial alleged in
2. It the
requi
complaint
res of
or
the
informati
defen
dant on
a
differ THE TRIAL
ent COURT
defen FOUND THAT
se THE
3. It AGGRAVATI
surpr NG
ises CIRCUMSTA
the NCE OF
accus SUPERIOR
ed in STRENGTH
anyw AND
ay DISREGARD
OF SEX
X WAS ATTENDED
ACCUSED OF THE
ILLEGAL COMMISSIO
POSSESSION N OF THE
CRIME AND FAILURE TO
WERE ALLEGE
SUFFICIENTL THAT HE
Y PROVEN. DIDN'T HAVE
THE COURT A
THUS PRESCRIPTI
CONSIDERED ON FROM A
THEM IN PHYSICIAN.
CONVICTING IS X
AND CORRECT?
SENTENCING No,
ACCUSED. the
VALID? abse
No, nce
aggr of
avati the
ng presc
circu riptio
msta n is
nces not
even an
if esse
prove ntial
n elem
durin ent
g the of
trial the
could offen
affect se
the and
culpri is
t’s only
liabili a
ty if matt
the er of
infor defen
matio se
n It need
failed not be
to alleged in
alleg the
e informati
such on.
circu
msta Sec. 10.
nces Place of
commission
X WAS of the
CHARGED offense. –
WITH The
ILLEGAL complaint or
POSSESSION information
OF OPIUM. X is sufficient
CONTENDS if it can be
THAT THE understood
INFORMATIO from its
N WAS allegations
INVALID FOR that the
offense was charged or
committed is necessary
or some of for its
its essential identificatio
ingredients n.
occurred at
some place THE
within the INFORMATIO
jurisdiction N MENTIONS
of the court, THAT THE
unless the CRIME WAS
particular COMMITTED
place where WITHIN THE
it was TERRITORIAL
committed JURISDICTIO
constitutes N OF THE
an essential COURT. IS
element of THIS
the offense SUFFICIENT?

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 14 of 120

1. Violat
ion of
domi
cile
Yes,
2. Penal
as ty on
long the
as it keep
is er,
alleg watc
ed hman
that ,
the visito
esse r of
ntial opiu
ingre m
dient den
s of 3. Tresp
the ass
offen to
se or dwell
crime ing
has
been
com
mitte
d
withi
n the
territ
orial
jurisd
iction
of
the
court

IN WHICH
OFFENSES IS
THE
PARTICULAR
PLACE
WHERE THE
OFFENSE
WAS
COMMITTED
ESSENTIAL?
The particular
place where
the offense
was
committed is
essential in
the following
crimes:
 property the
offense was
committed is
thereafter
(a) In
disclosed or
offenses
ascertained,
against
the court
property, if
must cause
the name of
such true
the offended
name to be
party is
inserted in
unknown,
the
the property
complaint or
must be
information
described
and the
with such
record.
particularity
as to
properly (c) If the
identify the offended
offense party is a
charged. juridical
person, it is
sufficient to
(b) If
state its
the true
name, or
name of the
any name or
person
designation
against by which it
whom or is known or
against by
whose
4. Violation of election law—
prohibiting the carrying of a
deadly which it may be
identified, without need of
averring that it is a
weap committed
on except when
within it is a
a 30- material
m ingredient of
radius the offense.
of The offense
pollin may be
g alleged to
place have been
committed on
Sec. 11. Date a date as
of near as
commission possible to
of the the actual
offense. - It date of its
is not commission.
necessary to
state in the ACCUSED
complaint or WAS
information CHARGED
the precise AND
date the CONVICTED
offense was OF RAPE
COMMITTED i
ON OR n
ABOUT THE g
MONTH OF
AUGUST c
1996. VALID? r
i
Yes. If m
the e
appell s
ant :
was
of the o
belief
I
that
n
the f
compl a
aint n
was t
defec i
tive, c
he i
d
shoul
e
d o
have
filed a
Vi
motio ol
n for at
a bill io
of n
partic of
ulars Su
with nd
ay
the
St
trial at
court ut
befor es
e his or
arraig El
nmen ec
t. ti
on
la
FOR WHICH w
OFFENSES IS s
THE TIME OF o
THE
COMMISSION A
OF THE bo
OFFENSE rti
ESSENTIAL? on
The time o
of the
commissio Bi
n of the ga
offense is m
essential y
in the
follo Sec. 12.
w Name of the
offended juridical
party. – The person or
complaint or that it is
information organized in
must state accordance
the name with law.
and surname
of the person IN WHAT
against CASE IS
whom or THE NAME
against OF THE
whose OFFENDED
property the PARTY
offense was DISPENSIB
committed, LE?
or any In
appellation off
or nickname ens
by which es
such person ag
has been or ain
is known. If st
there is no pro
better way of per
identifying ty,
him, he must
the
be described
na
under a
me
fictitious
name. of
the
off
en
de
d
par
ty
ma
y
be
dis
pe
nse
d
wit
h
as
lon
g
as
the
obj
ect
tak
en
or
des
tro
 ye ole
d nc
is e
pa or
rti inti
cu mi
lar dat
ly ion
de (Pe
sc opl
rib e
ed v.
to La
pr ho
op ylal
erl oy,
y 38
id Phi
en l
tif 33
yi 0)
ng
th WHEN
e SHOULD
off THE
en ACCUSED
se RAISE AN
ERROR IN
IN WHAT HIS NAME?
CASES IS Upon
THE NAME arraignm
OF THE ent
OFFENDE Ot
D PARTY her
INDISPEN wis
SIBLE? e,
In he
ca is
se de
s em
in ed
vo to
lvi ha
ng ve
sl wai
an ve
de d
r the
an qu
d est
ro ion
bb of
er his
y ide
wi ntit
th y
vi on
 ap on
pe e
al off
ens
Sec. 13. e
Duplicity Exc
of the ept
offense. – ion
A :
complaint wh
or en
informati the
on must law
charge pro
only one
vid
offense,
es
except
onl
when the
law y
prescribe on
s a single e
punishme pu
nt for nis
various hm
offenses. ent
for
WHAT IS the
THE RULE var
ON iou
DUPLICITY s
OF off
OFFENSES? ens
G es
en (co
er mp
al lex
rul an
e: d
A co
co mp
m ou
pl nd
ai cri
nt me
or s
inf un
or der
m Arti
ati cle
on 48
m of
us the
t RP
ch C
ar an
ge d
on spe
ly cial
 co CRIMES
m When a
pl single act
ex constitutes
cri two or more
m grave or less
es grave
) felonies, or
when an
ARTICLE offense is
48: necessary for
PENALTY committing
FOR the other,
COMPLEX

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 15 of 120

y
offe
nses
the penalty as
ther
for the most e
serious crime are
shall be char
imposed, the ged
same to be
applied in its WHAT IS
maximum THE
period REMEDY OF
AN
WHAT IS ACCUSED
THE EFFECT IN CASE OF
OF THE DUPLICITOU
FAILURE OF S
THE OFFENSES
ACCUSED CHARGED
TO OBJECT AGAINST
TO A HIM?
DUPLICITOU The
S accused
INFORMATI may file a
ON? motion to
If quash on
the void
accu complaint
sed
fails WHAT IS A
to COMPLEX
obje CRIME?
ct 1. When a
befo single act
re produces
arrai two or
gnm more
ent, grave or
the less grave
right felonies
is 2. When an
dee offense is
necessary
med
for
waiv
committin
ed, g the
and other
he
may WHAT IS A
be COMPOUND
conv CRIME?
icted Whe
of as n a
man sing
 le whic
act h
cons one
titut act
es 2 resu
or lts
mor in
e two
grav or
e or mor
less e
grav grav
e e or
felon less
ies grav
e
WHAT IS A felo
COMPLEX nies
CRIME The law
PROPER? provides
When an only one
offense is penalty for
necessary the two
for offenses
committin
g the other X WAS
CHARGED
X FIRED HIS WITH BOTH
GUN ONCE, ROBBERY
BUT THE AND
BULLET ESTAFA IN
KILLED 2 ONE
PERSONS. INFORMATI
HE WAS ON. CAN HE
CHARGED BE
WITH TWO CONVICTED
COUNTS OF OF BOTH
HOMICIDE OFFENSES?
IN ONE It
INFORMATI dep
ON. CAN HE end
BE s. If
CONVICTED
he
UNDER
obje
THAT
cts
INFORMATI
ON? to
Yes. It falls the
under the dupl
exception icito
to the rule. us
This infor
is a mati
com on
poun befo
d re
crim arrai
e in gnm
ent,
he
cann
ot WHAT IS THE
be PRINCIPLE
conv OF
icted ABSORPTION
unde ?1
r the In
infor cases
mati of
on. rebelli
But on,
if he other
fails crime
to s
obje comm
ct itted
befo in the
re cours
arrai e of
gnm crime
ent, are
he deem
can ed
be absor
conv bed in
icted the
of as crime
man of
y rebelli
offe on
nses either
as as a
ther mean
e s
are neces
in sary
the for its
infor comm
mati ission
on or as
an
uninte
nded
effect
of
rebelli
on
They
cannot be
charged
as
separate
offenses in
themselve
s
 Excep
tion: X WAS
when SPEEDING
the ON A
comm HIGHWAY
on WHEN HIS
crimes CAR
are COLLIDED
commi WITH
tted ANOTHER
withou CAR. THE
OTHER CAR
t any
WAS
politic
TOTALLY
al
WRECKED
motiv AND THE
ation. DRIVER OF
In THE OTHER
such CAR
case, SUFFERED
they SERIOUS
will PHYSICAL
not be INJURIES.
absor HOW MANY
bed INFORMATIO
by N SHOULD BE
rebelli FILED
on. AGAINST X?
Only
IF HOMICIDE one
OR MURDER infor
IS matio
COMMITTED n
WITH THE shoul
USE OF AN d be
UNLICENSED filed
FIREARM, for
HOW MANY seriou
OFFENSES s
ARE THERE? physic
There al
is only injurie
one s and
offens dama
e— ge to
murde prope
r or rty
homici throu
de gh
aggra reckle
vated ss
by the impru
use of dence
the The
unlice infor
nsed matio
firear n
m again
 st X ge to
canno prope
t be rty
split Light
into 2 felonies
becau may not
se be
there complexe
was d
only
one
neglig
ent
act 1
Justice Sabio:
resulti
he remembers
ng in
a stupid
seriou decision
s wherein the SC
physic held that the
al crime of illegal
injurie possession of
s and firearms is
dama absorbed in
ge to crimes
proper embodied by
ty the Revised
Penal Code.
SAME CASE There was this
gang war
AS ABOVE,
between
BUT THE
children of
INJURIES
politicians in
SUFFERED BY Greenhills.
THE DRIVER They got their
WERE ONLY high-powered
SLIGHT guns and
PHYSICAL proceeded to
INJURIES. Greenhills.
HOW MANY When the
INFORMATIO police
NS SHOULD authorities
BE FILED? were near, the
Two spoiled brats
inform shot at the
ations rats. They
this were only
time— convicted of
one ALARMS AND
for the SCANDALS.
slight The height of
absurdity and
physic
no less than
al the former
injurie Chief Justice,
s and Hilario Davide,
the was the one
other who made this
for monumental
dama doctrine.
BY: MA. ANGELA LEONOR C.
AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 16 of 120

motion by
the
prosecutor,
with notice
Sec. 14.
to the
Amendment
offended
or
party and
substitution.
with leave of
– A
court. The
complaint or
court shall
information
state its
may be
reasons in
amended, in
resolving
form or in
the motion
substance,
and copies
without
of its order
leave of
shall be
court at any
furnished all
time before
parties,
the accused
especially
enters his
the offended
plea. After
party.
the plea and
during the
trial, a If it appears
formal at anytime
amendment before
may only be judgment
made with that a
leave of mistake has
court and been made
and when it in charging
can be done the proper
without offense, the
causing court shall
prejudice to dismiss the
the rights of original
the accused. complaint or
information
upon the
However,
filing of a
any
new one
amendment
charging the
before plea,
proper
which
offense in
downgrades
accordance
the nature
with section
of the
19, Rule
offense
119,
charged in
provided the
or excludes
accused
any accused
shall not be
from the
placed in
complaint or
double
information,
jeopardy.
can be made
The court
only upon
may require
the comp
witnesses to laint
give bail for or
their infor
appearance matio
at the trial. n. In
such
WHEN CAN A case,
COMPLAINT the
OR follo
INFORMATIO wing
N BE requi
AMENDED?
sites
Gene
shall
ral
be
rule:
obser
Befor
ved:
e 1. T
plea, h
a e
comp a
laint m
or e
infor n
matio d
n can m
be e
amen n
ded t
in m
form u
or in s
subst t
ance b
witho e
m
ut
a
leave
d
of
e
court u
Exce p
ption o
: if n
the
amen m
dmen o
t will t
down i
grad o
e the n
offen
se or o
drop f
an t
accus h
ed e
from p
the r
o
 s t
e m
c u
u s
t t
o s
r t
2. W a
i t
t e
h i
t
n s
o r
t e
i a
c s
e o
t n
o i
t n
h
e r
o e
f s
f o
e l
n v
d i
e n
d g

p t
a h
r e
t m
y o
3. W t
i i
t o
h n
l
e 5. C
a o
v p
e i
o e
f s
c o
o f
u t
r h
t e
4. T r
h e
e s
c o
o l
u u
r t
 i plea,
o only
n FOR
MAL
s AME
h NDM
o ENTS
u may
l
be
d
made
b but
e with
f the
u leave
r of
n court
i and
s when
h it can
e be
d done
witho
a ut
ll causi
p ng
a preju
r
dice
t
to
i
e the
s rights
, of
e the
s accus
p ed
e
c WHEN CAN A
i COMPLAINT
a OR
ll INFORMATIO
y N BE
t SUBSTITUTE
h D?
e A complaint or
o information
f may be
f substituted if:
e 1. At
n any
d time
e befor
d e
judg
p ment
a it
r appe
t ars
y that
After a
mista
ke
has
been
2. The
made
accus
in
ed
charg
ing cann
the ot be
prop convi
er cted
offen of
se, the
and offen
se
charg
ed or
of
any
other
offen
se
nece
ssaril
y
inclu
ded
there
in
3. Provi
ded
that
he
will
not
be
place
d in
doubl
e
jeopa
rdy

WHEN ARE
THE RIGHTS
OF THE
ACCUSED
MAY BE
PREJUDICED
BY AN
AMENDMENT
?
The rights of
the accused
may be
prejudiced by
an
amendment in
the following
circumstances
: appli
1. Whe cable
n the to
defen the
se amen
whic ded
h he infor
had matio
unde n
r the
origin WHAT ARE
al SUBSTANTIA
infor L
matio AMENDMENT
n S?
woul Ame
d no ndme
longe nts
r be invol
avail ving
able the
2. Whe recita
n any
l of
evide
facts
nce
const
whic
h he itutin
had g the
unde offen
r the se
origin and
al deter
infor mina
matio tive
n of
woul the
d no jurisd
longe iction
r be of
avail the
able court
3. Whe All other
n any matters
evide are
nce merely of
whic
form
h he
After
had
plea,
unde
r the substanti
origin al
al amendme
infor nts are
matio prohibited
n
woul WHEN CAN
d no THERE BE
longe AN
r be AMENDMENT
? be
BEFO obser
RE ved:
PLEA, 1. Mu
a st
comp be
laint m
or ad
infor e
matio up
n can on
be m
amen oti
ded on
of
in
th
form
e
or in
pr
subst os
ance ec
witho ut
ut or
leave 2. Wi
of th
court no
, tic
exce e
pt if to
the th
amen e
dmen off
t will en
down de
d
grad
pa
e the
rty
offen
3. Wi
se or th
drop lea
an ve
accus of
ed co
from urt
the 4. Th
comp e
laint co
or urt
infor m
matio us
n. In t
such st
a at
e
case,
its
the
re
follo
as
wing on
requi in
sites re
must
 sol rights
vi of
ng the
th accus
e ed.
m
oti WHAT IS A
on SUBSTITUTI
5. Co ON?
pies A
of comp
the laint
resol or
ution infor
shoul
matio
d be
n
furnis
hed may
all be
parti subst
es, itute
espe d if
cially at
the any
offen time
ded befor
party e
judg
AFTE ment
R , it
PLEA, appe
only ars
form that
al a
amen mista
dmen ke
ts has
may been
be made
made in
only charg
with ing
leave the
of prop
court er
and offen
when se,
it can and
be the
done accus
witho ed
ut cann
causi ot be
ng convi
preju cted
dice of
to the
the
offen
 se in,
charg provi
ed or ded
of that
any he
other will
offen not
se be
nece place
ssaril d in
y doubl
inclu e
ded jeopa
there rdy.

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 17 of 120

substitution
, another
preliminary
investigatio
n and plea
WHAT ARE
is required.
THE
4. An
DISTINCTI
amended
ONS
information
BETWEEN
refers to
AN
the same
AMENDME
offense
NT AND A
charged or
SUBSTITUT
to one,
ION?
which
1. Ame
necessarily
ndment
includes or
may involve
is
either
necessarily
formal or
included in
substantial
the original
changes,
charge,
while
hence
substitution
substantial
necessarily
amendmen
involves a
ts after
substantial
plea cannot
change.
be made
2. Ame
over the
ndment
objection of
before plea
the
can be
effected accused.
without Substitutio
leave of n requires
court, but that the
substitution new
is always information
done with is for a
leave of different
court since offense
it involves which does
the not include
dismissal of or is not
the original necessarily
complaint. included in
3. Wher the original
e the charge.
amendment
is only as to AMENDMENT
form, there May invoke either formal or
is no need substantial changes
for a new
preliminary Before plea, can be effected wi
investigatio leave of court
n or plea; in
 co
Amended information refers to them
same offense charged or to one,mi
which necessarily includes or tis
th
necessarily included in the original
charge e
sa
WHAT IS m
THE TEST e
TO or
DETERMIN fru
E IF WHAT str
IS NEEDED ati
IS on
AMENDME th
NT OR er
SUBSTITUT eo
ION? f
Wh
eth IS THERE
er A NEED
the FOR
ne SUBSTITU
w TION OR
off AMENDME
ens NT WHEN
e THE
nec ORIGINAL
ess CRIME
aril CHARGED
y IS
incl ROBBERY
ud BUT IT
es WAS
or LATER
FOUND
is
OUT THAT
nec
THE
ess
CRIME
aril SHOULD
y BE
incl THEFT?
ud No
ed sin
in ce
the th
ori eft
gin an
al d
cha ro
rge bb
, or er
is y
an ar
att e
em si
pt mi
to lar
in
the
ir
ele
me WHEN CAN
nts THERE BE
, it DOUBLE
is JEOPARDY?
onl To
y su
the bs
exi ta
ste nti
nce at
of e
cer a
tai cl
n ai
ag m
gra of
vat do
ing ub
or le
qu je
alif op
yin ar
g dy
circ ,
um th
sta e
nce fol
s in lo
rob wi
ber ng
y m
tha us
t t
ma be
kes pr
the ov
diff en
ere :
nce a. Th
e
firs
t
jeo
par
dy
mu
st
ha
ve
att
ac
he
d
 prio en
r to se
the ch
sec ar
ond ge
b. The d
first in
jeo th
par e
dy fir
mu st
st inf
hav or
e m
bee ati
n on
vali ,
dly or
ter is
min an
ate att
d e
c. The m
sec pt
ond to
jeop co
ard m
y mi
mus t
t be th
for e
the sa
sam m
e e
offe or
nse, is
or a
the fru
sec str
on ati
d on
off th
ens er
e eo
incl f
ud
es WHEN DOES
or DOUBLE
is JEOPARDY
nec ATTACH?
ess In order
aril that
y prote
incl ction
ud again
ed
st
in
doubl
the
e
off
jeopa
rdy was
may dis
inure mis
in sed
favor or
of the oth
accus erw
ise
ed,
ter
the
min
followi
ate
ng d
should wit
be hou
presen t
t: his
A exp
vali res
d s
co conse
mpl nt
aint
or IS AN
info ADDITIONAL
rma ALLEGATION
tion OF HABITUAL
A DELINQUENC
co Y AND
mp RECIDIVISM
ete A
nt SUBSTANTIA
cou L
rt AMENDMENT
The ?
def No,
end these
ant allega
plea
tions
ded
only
to
relate
the
cha to the
rge range
of the
The impos
defe able
nda penal
nt ty but
was not
acqu the
itted natur
or e of
conv the
icte offen
d, or se
the
case IS THE
agai AMENDMENT
nst OF AN
him INFORMATIO
N FROM own
FRUSTRATED acts
MURDER TO but
CONSUMMAT also
ED MURDER A for
SUBSTANTIAL those
AMENDMENT? of his
No, it co-
is consp
merel irator
y a s.
formal (Old J.
amen Sabio
dment answ
and er)
the The
accus new
ed answ
need er is:
not
No, it
have
is not
to be
a
re-
subst
arraig
antial
ned
amen
dmen
IS AN
t in
ADDITIONAL
ALLEGATION the
OF follow
CONSPIRACY ing
A exam
SUBSTANTIAL ple: X
AMENDMENT? is
No, it is charg
not a ed
substantial with
amendme murd
nt (new er as
Sabio princi
answer) pal.
Yes Later,
becau the
se it compl
chang aint is
es the amen
theory ded
of the to
defens includ
e. It e two
makes other
the perso
accus ns
ed who
liable allege
not dly
only consp
for his ired
 with amen
X. Can dmen
X t is
invoke subst
double antial
jeopar ? No.
dy on The
the amen
groun dmen
d that t
the

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 18 of 120

COMPLAI
NT IS
AMENDED
TO
is
INCLUDE
me
TWO
rel
OTHER
ya
PERSONS
for
WHO
ma
ALLEGEDL
l
Y
am
CONSPIRE
en
D WITH X.
dm
VALID?
ent
X
be
ca ca
us nn
e it ot
do in
es vo
not ke
pre do
jud ub
ice le
the je
rig op
hts ar
of dy
X, on
wh th
o e
wa gr
s ou
ch
nd
arg
th
ed
as at
a th
pri e
nci a
pal m
to en
be d
gin m
wit en
h. t
is
X IS su
CHARGED bs
WITH ta
MURDER nti
AS A al
PRINCIPAL Th
. LATER, e
THE a
 me IAL
nd AMENDM
me ENT OR A
nt FORMAL
is AMENDM
me ENT?
rel It
y a is
for su
ma bs
l ta
am nti
en al
dm as
ent it
be aff
ca ec
us ts
e it th
do e
es es
n’t se
pre nc
jud e
ice of
the th
rig e
hts im
of pu
X, te
wh d
o cri
wa m
s e
ch an
arg d
ed w
as ou
a ld
pri de
nci pri
pal ve
to th
be e
gin ac
wit cu
h se
d
IS A of
CHANGE th
IN THE e
ITEMS op
STOLEN po
BY THE rt
ACCUSED un
A ity
SUBSTANT to
 me ,
et to
all be
the ab
all le
eg to
ati es
on ta
s in bli
pre sh
par if
ati it’
on s
of a
his fo
def r
en m
se al
a
IS THE m
CHANGE IN en
THE d
NATURE m
OF THE en
OFFENSE t
DUE TO or
SUPERVEN no
ING EVENT t
A
SUBSTANT RULE ON
IAL SUPERVENIN
AMENDME G FACTS:
NT? Where after
No, it is the first
merely a
prosecution a
formal
amendm new fact
ent supervenes for
We which the
ha defendant is
ve responsible,
to which changes
dis the
tin character of
gui the offense
sh and, together
if with the facts
the existing at the
ev time,
ent
constitutes a
is
new and
su
distinct
per
offense, the
ve accused
nin cannot be said
g to be in
or second
not
 jeopardy if ar
indicted for the ge
second offense. d
in
th
e
WHY DO
WE MAKE fir
A st
DISTINCTI inf
ON or
BETWEEN m
A ati
SUBSTANT on
IAL AND ,
FORMAL or
AMENDME is
NTS? an
Wh at
eth te
er m
or pt
not to
it co
is m
for mi
the t
sa th
me e
off sa
en m
se, e
or or
the is
sec a
on fr
d us
off tr
en ati
se on
incl th
ud er
es eo
or f
is
ne CAN THE
ces COURT
sar ORDER
ily THE
incl DISMISSA
ud L OF THE
ed ORIIGNAL
in COMPLAI
the NT
off BEFORE A
NEW ONE
en
IS FILED
se
IN
ch
SUBSTITUT
ION?
No,
the IS THERE AN
co ABSOLUTE
urt RIGHT TO
will SUBSTITUTIO
not N
ord INFORMATIO
er N BY FILING
the A NEW ONE?
dis No, the
mi right is
ssa subject to
l the
unt following
il limitations
the :
ne 1. T
w h
inf a
or t
ma n
tio o
n is j
file u
d d
g
m
e
n
t
h
a
s
b
e
e
n
r
e
n
d
e
r
e
d
y
e
t
2. T
h
a
t
t
h
e
a
 cc t
us b
ed e
ca p
n l
no a
t c
be e
co d
nv i
ict n
ed d
of o
th u
e b
o l
ff e
en j
se e
ch o
ar p
ge a
d r
or d
of y
an
y Sec. 15.
ot Place where
he action is to
r be
o instituted. –
ff (a) Subject
en to existing
se laws, the
ne criminal
ce action shall
ss be instituted
ar and tried in
ily the court of
in the
cl municipality
u or territory
de where the
d offense was
th committed or
er where any of
ei its essential
n ingredients
3. Th occurred.
at
th (b) Where an
e offense is
ac committed in
cu a train,
se aircraft, or
d other public
wi or private
ll vehicle in
no the course of
its trip, the the court
criminal where the
action shall criminal
be instituted action is first
and tried in filed.
the court of
any THE
municipality INFORMATIO
or territory N FOR
where such MURDER DID
train, aircraft, NOT
or other CONTAIN
vehicle THE PLACE
passed during WHERE IT
its trip, WAS
including the COMMITTED.
place of its IS THE
departure INFORMATIO
and arrival. N VALID?
Yes, it is
(c) Where an still valid.
offense is The
committed on infor
board a matio
vessel in the n
course of its may
voyage, the includ
criminal e
action shall wordi
be instituted ngs
and tried in that
the court of
menti
the first port
on
of entry or of
that
any
the
municipality
or territory crime
where the was
vessel passed comm
during such itted
voyage, within
subject to the the
generally territo
accepted rial
principles of jurisdi
international ction
law. of the
court.
(d) Crimes The
committed place
outside the of the
Philippines comm
but ission
punishable of the
under Article crime
2 of the may
Revised Penal just
Code shall be be
cognizable by later
 establi where
shed any
by of its
eviden essen
ce tial
ingre
WHERE dients
SHOULD A occur
CRIMINAL red—
ACTION BE excep
INSTITUTED? tion
1. In the to
court this
of the rule
munici are
pality those
or which
territo fall
ry under
where the
the jurisdi
offens ction
e was of the
commi Sandi
tted or ganb
ayan

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 19 of 120

ng
the
pla
ce
2. If the
of
offe
dep
nse
art
was
ure
co
or
mm
arri
itte
val
d in
3. If
a
co
trai
mm
n,
itte
airc
d
raft
on
, or
boa
any
rd a
oth
ves
er
sel
pub
in
lic
the
or
cou
priv
rse
ate
of
veh
the
icle
voy
: in
age
the
: in
cou
the
rt
first
of
por
the
t of
mu
ent
nici
ry
pali
or
ty
of
or
any
terr
mu
itor
nici
y
pali
wh
ty
ere
or
the
terr
veh
itor
icle
y
pas
wh
sed
ere
duri
the
ng
ves
the
sel
trip
pas
,
sed
incl
duri
udi
ng
 the on
voy is
age first
, file
sub d
ject
to WHAT IS A
the TRANSITORY
gen OFFENSE?
eral AND A
ly CONTINUING
acc OFFENSE?
ept TRA
ed NSI
prin TO
cipl RY
es OFF
of EN
inte SE:
rna
cri
tion
me
al
s
law
4. If the wh
cri ere
me so
was me
co act
mm s
itte mat
d eria
out l
sid and
e ess
the enti
Phil al
ippi to
nes the
but cri
is me
pun s
ish and
abl req
e
uisi
und
te
er
to
Arti
cle thei
2 of r
the co
RP mm
C: issi
any on
cou occ
rt ur
wh in
ere one
the mu
acti nici
pali
ty
or HOW DO
terr YOU
itor DETERMIN
y E
and JURISDICTI
so ON OVER A
me CONTINUIN
act G CRIME?
s The
are cou
don rts
of
e in
the
ano
terr
the
itori
r
es
pla
wh
ce.
ere
CO
the
NTI
ess
NUI
enti
NG
al
OFF ingr
EN edi
SE: ent
con s of
su the
mm cri
ate me
d in too
one k
pla pla
ce, ce
yet hav
by e
nat CO
ure NC
of UR
the RE
offe NT
nse JUR
, ISDI
the CTI
viol ON
atio But
n of the
the cou
law rt
is whi
dee ch
me first
d acq
con uire
tinu s
ing juri
sdic
 tion 2. If the
exc offe
lud nde
es d
the par
oth ty
er is a
cou priv
rts ate
indi
WHAT ARE vid
THE RULES ual,
ON VENUE the
IN LIBEL cri
CASES? min
1. Gene al
ral acti
rule on
: ma
cri y
min als
al o
acti be
on file
for d in
libe the
l RTC
ma of
y the
be pro
file vin
d ce
wit wh
h ere
the he
RT act
C of uall
the y
pro resi
vin ded
ce at
or the
city tim
wh e of
ere the
the co
libe mm
lou issi
s on
arti of
cle the
is offe
prin nse
ted 3. If the
and offe
first nde
pub d
lish par
ed ty
 is a out
pub sid
lic e
offi Ma
cer nila
wh ,
ose the
offi acti
ce on
is ma
in y
Ma be
nila file
at d in
the the
tim RTC
e of of
the the
co pro
mm vin
issi ce
on or
of city
the wh
offe ere
nse he
, hel
the d
cri offi
min ce
al at
acti the
on tim
ma e of
y the
be co
file mm
d in issi
the on
RT of
C of the
Ma offe
nila nse
4. If the
offe
Article 353.
nde
Definition of
d
libel. — A libel
par
is public and
ty
malicious
is a
imputation of
pub
a crime, or of
lic
a vice or
offi
defect, real or
cer
imaginary, or
wh
ose
offi
ce
is
 ACTION?
General
rule: YES
any act, Exc
epti
omission, on
condition, to
status, or the
circumstance rule
tending to :
cause the wh
dishonor, en
discredit, or he
contempt of a
has
natural or
wai
juridical
ved
person, or to
his
blacken the
righ
memory of
one who is t,
dead. has
res
erv
Sec. 16. ed
Interventio it,
n of the or
offended has
party in alre
criminal
ady
action. –
inst
Where the
itut
civil action
ed
for
recovery of the
civil cri
liability is min
instituted al
in the acti
criminal on
action Bas
pursuant is is
to Rule Arti
111, the cle
offended 100
party may :
intervene eve
by counsel ry
in the per
prosecutio son
n of the cri
offense. min
ally
CAN THE liab
OFFENDED le
PARTY sha
INTERVENE ll
IN THE als
PROSECUTI o
ON OF THE be
CRIMINAL
 civil ON?
ly Yes
liab . In
le cas
e of
DO THE gra
OFFENDED ve
PARTIES abu
HAVE THE se
RIGHT TO of
MOVE FOR disc
THE reti
DISMISSAL on
OF THE
am
CASE?
oun
No,
t to
the
lac
righ
k or
t
exc
bel
ess
ong
of
s
juri
onl
sdic
y to
tion
the
,
gov
the
ern
peti
me
tion
nt
ma
pro
y
sec
be
uto
file
r
d
wh
by
o is
the
the
offe
rep
nde
res
d
ent
par
ativ
ty
e of
the
The
plai
offended
ntiff party has
an
CAN THE interest in
OFFENDED
the civil
PARTY FILE
aspect of
A CIVIL
the case
ACTION
FOR
CERTIORAR R
I IN HIS U
OWN NAME L
IF THE RTC E
DISMISSES 1
AN 1
INFORMATI 1
 - deemed
P instituted
R with the
O criminal
S action
E unless the
C offended
U party
T waives the
I civil action,
O reserves
N the right to
institute it
O separately
F or
C institutes
I the civil
V action
I prior to the
L criminal
A action.
C
T The
I reservation
O of the right
N to institute
separately
Section 1. the civil
Institution action shall
of criminal be made
and civil before the
actions. – prosecutio
n starts
(a) When a presenting
criminal its
action is evidence
instituted, and under
the civil circumstan
action for ces
the affording
recovery of the
civil offended
liability party a
arising reasonable
from the opportunit
offense y to make
charged such
shall be reservation
.

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 20 of 120

Except as
otherwise
When the provided in
offended these Rules,
party seeks no filing fees
to enforce shall be
civil liability required for
against the actual
accused by damages.
way of
moral, No
nominal, counterclaim
temperate, , cross-claim
or or third-
exemplary party
damages complaint
without may be filed
specifying by the
the amount accused in
thereof in the criminal
the case, but
complaint or any cause of
information, action which
the filing could have
fees been the
therefore subject
shall thereof may
constitute a be litigated
first lien on in a
the separate
judgment civil action.
awarding
such (b) The
damages. criminal
action for
Where the violation of
amount of Batas
damages, Pambansa
other than Blg. 22 shall
actual, is be deemed
specified in to include
the the
complaint or correspondi
information, ng civil
the action. No
correspondi reservation
ng filing fees to file such
shall be paid civil action
by the separately
offended shall be
party upon allowed.
the filing
thereof in Upon filing
court. of the
aforesaid Where the
joint civil action
criminal and has been
civil actions, filed
the offended separately
party shall and trial
pay in full thereof has
the filing not yet
fees based commenced,
on the it may be
amount of consolidated
the check with the
involved, criminal
which shall action upon
be application
considered with the
as the actual court trying
damages the latter
claimed. case. If the
Where the application
complaint or is granted,
information the trial of
also seeks both actions
to recover shall
liquidated, proceed in
moral, accordance
nominal, with section
temperate 2 of this
or Rule
exemplary governing
damages, consolidatio
the offended n of the civil
party shall and criminal
pay actions.
additional
filing fees WHAT IS
based on the THE
amounts GENERAL
alleged RULE
therein. If GOVERNING
the amounts THE
are not so INSTITUTION
alleged but OF CRIMINAL
any of these AND CIVIL
damages are ACTIONS IN
subsequentl RELATION
y awarded TO THIS
by the court, SECTION?
the filing The
fees based gene
on the ral
amount rule
awarded is
shall that
constitute a when
first lien on
a
the
crimi
judgment.
nal
actio
n is
instit
uted,
the offen
civil se
actio charg
n for ed
the unde
recov r
ery Articl
of e 100
the of
civil the
liabili RPC
ty shall
arisin be
g deem
from ed
the instit
uted
with
the
crimi
nal
actio
n
Hence,
the
subsidiary
civil
liability of
the
employee
under
Article
103
of
the
RPC
may
be
enfor
ced
by
exec
ution
on
the
basis
of
the
judg
ment
of
convi
ction
mete
d out
the
empl l
oyee y
o N li
O a
T b
E l
: e
U f
n o
d r
e q
r u
t a
h s
e i
p -
r d
e e
s li
e c
n t
t i
a n
m
e t
n h
d e
m c
e r
n i
t m
, i
t n
h a
e l
e a
m c
p t
l i
o o
y n
e .
r T
m h
a e
y r
n e
o a
l s
o o
n n
g
e f
r o
b r
e t
c h
i i
v s
il i
s .
t T
h h
a e
t o
q n
u l
a y
s c
i i
- v
d il
e li
li a
c b
t il
i i
s t
n y
o o
t f
d t
e h
e e
m e
e m
d p
i l
n o
s y
t e
i r
t i
u n
t
e t
d h
e
w c
i r
t i
h m
i
t n
h a
e l
c a
r c
i t
m i
i o
n n
a
l w
a o
c u
t l
i d
o
n b
e il
h i
i p
s p
s i
u n
b e
s R
i a
d b
i b
a i
r t
y B
li u
a s
b c
il a
i s
t e
y )
u /
n /
d
e WHAT IS
r THE
t JURIDICAL
h BASIS OF
e THE
A PRINCIPLE
r OF IMPLIED
t INSTITUTION
i OF THE CIVIL
c ACTION
l WITH THE
e CRIMINAL
1 ACTION?
0 The bases
2 are found
in the
a following:
n 1. A
d r
t
1 i
0 c
3 l
e
o 1
f
0
t
0
h
e
o
R
f
P
t
C
h
e
(
R
P
P
h
 C c
: l
E e
v 2
e 1
r 7
y 6
p
e o
r f
s t
o h
n e
N
c e
r w
i
m C
i i
n v
a il
ll C
y o
li d
a e
b :
l W
e h
f o
o e
r v
a e
f r
e b
l y
o a
n c
y t
i o
s r
a o
l m
s i
o s
c s
i i
v o
il n
l
y c
li a
a u
b s
l e
e s
2. A d
r a
t m
i a
g a
e m
t a
o g
a e
n d
o o
t n
h e
e .
r S
t u
h c
e h
r
e f
b a
e u
i l
n t
g o
r
f n
a e
u g
l li
t g
o e
r n
n c
e e
g ,
li if
g t
e h
n e
c r
e e
i i
s s
o n
b o
li p
g r
e e
d -
e
t x
o i
p s
a t
y i
f n
o g
r
t o
h b
e li
d g
a C
t o
i d
o e
n 3. A
i r
s t
c i
a c
ll l
e e
d 1
1
q 5
u 7
a
s o
i f
- t
d h
e e
li N
c e
t w
a
n C
d i
i v
s il
g C
o o
v d
e e
r :
n O
e b
d li
g
b a
y t
t i
h o
e n
p s
r m
o a
v y
i a
s r
i i
o s
n e
s f
o r
f o
t m
h
i a
s c
 t following
s cases:
o 1. W
r h
o e
m n
i
s t
s h
i e
o o
n f
s f
p e
u n
n d
i e
s d
h
e p
d a
r
b t
y y
l h
a a
w s
w
a a
n i
d v
e
f d
r
o t
m h
e
q c
u i
a v
s il
i a
- c
d t
e i
li o
c n
t
2. W
h
WHAT ARE
e
THE
n
EXCEPTIONS
?
t
The civil
h
action is e
not o
deemed f
instituted f
in the e
 n e
d o
e f
d f
e
p n
a d
r e
t d
y
h p
a a
s r
r t
e y
s h
e a
r s
v i
e n
d s
t
t i
h t
e u
r t
i e
g d
h
t t
t h
o e
i c
n i
s v
t il
i a
t c
u t
t i
e o
i n
t
s p
e r
p i
a o
r r
a t
t o
e t
l h
y e
3. W i
h n
e s
n t
i
t t
h u
 t g
i from
o the
n offen
se
o unde
f r
t
Articl
h
e 100
e
c of
r the
i RPC,
m and
i not
n the
a indep
l ende
a nt
c unde
t r
i Articl
o e 32,
n 33,
34
and
WHAT KIND
2176
OF CIVIL
of
ACTION IS
the
DEEMED
INSTITUTED Civil
WITH THE Code,
CRIMINAL are
ACTION? deem
Only ed
the instit
civil uted
actio with
n for the
the crimi
recov nal
ery actio
of n
the
civil WHAT IS
liabili THE DUAL
ty CONCEPT OF
arisin CIVIL
LIABILITY?

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 21 of 120

m
ay
pr
Du od
al uc
con e
cep tw
t of o
civi ki
l nd
liab s
ilit of
y civ
me il
ans lia
bil
tha
ity
t
—
civi
on
l
e
liab
ari
ilit
sin
y
g
ma
fro
y
m
ari
cri
se
m
fro
e
m
an
cri
d
me
an
s
ot
or
he
fro
r
m
ari
qu
sin
asi-
g
deli
fro
cts
m
Th
qu
us,
asi
a
-
ne
de
gli
lic
ge
t
nt
Th
act
e
whi
on
ch
ly
cau
li
ses
mi
da
tat
ma
io
ge
 n is 10
tha 4
t of
the th
off e
en RP
de C,
d civ
par il
ty lia
ma bil
y ity
not in
rec cl
ov ud
er es
twi re
ce sti
fro tut
m io
the n,
sa re
me pa
act rat
io
WHAT ARE n,
THE an
DIFFERENC d
ES in
BETWEEN
de
A CRIME
m
AND A
ni
QUASI-
DELICT? fic
ati
on
CRIME
for
Affect public interest co
ns
RPC punishes or corrects the eq
criminal act ue
nti
Crimes are punished only if there
al is
a law providing for their punishment
da
m
ag
es

WHAT WHAT IS
CONSTITUT THE BASIS
ES CIVIL FOR THE
LIABILITY? BROADER
Acc CONCEPT
ord OF CIVIL
ing LIABILITY?
to Th
Arti e
cle br
oa st
der at
con e
cep an
t of d
civi th
l e
liab pri
ilit va
y te
me off
ans en
tha de
t d
ev pa
ery rty
per
son IF THE
cri COMPLAIN
mi T
nall DOESN’T
y CONTAIN
liab AN
le ALLEGATI
ON FOR
is
DAMAGES
als
, IS THE
o OFFENDE
civi R STILL
lly LIABLE
liab FOR
le THEM?
Thi Yes,
s is because
bec every
aus person
e criminall
in y liable
a is also
cri civilly
mi liable
nal Ex
off ce
ens pti
e, on
the :
re w
are he
tw n
o th
off e
en off
de en
d de
par d
ties pa
— rty
the
 has
wai
ve
d If the
or offended
has party
res seeks to
erv enforce
ed civil
the liability
rig against
ht accused
to by
ins way
titu of
te moral
the ,
civi nomi
l nal,
act temp
ion erate,
sep or
ara exem
tel plary
y dama
ges
(other
WHAT IS
than
THE RULE
actua
ON
l), the
PAYMENT
follow
OF
ing
DOCKET
are
FEES ON
the
CIVIL
bases
LIABILITY?
for
docke
t
fees:
o If
a
m
o
u
n
t
o
t
h
e
r
t
h
a
n
a
c
t
u
a
 l y
d e
a t
m b
a u
g t
es t
is h
st e
at d
e o
d, c
it k
wi e
ll t
b f
e e
b e
as s
e t
d
o
o
b
n
e
th
e p
st a
at i
e d
d w
a il
m l
o c
u o
nt n
o If s
n ti
o t
a u
m t
o e
u a
nt li
is e
st n
at o
e n
d, t
n h
o e
d d
oc a
k m
et a
fe g
es e
wi s
ll t
b h
e a
p t
ai w
d il
 l nt
b doubl
e e
a recov
w ery
ar from
d
the
e
same
d
act or
omiss
WHEN
SHOULD THE ion
RESERVATION
BE MADE? WHAT IS THE
The SIGNIFICANC
E OF THE
reserv
APPEARANCE
ation
OF THE
should
OFFENDED
be PARTY, IN
made THE
before CRIMINAL
the CASE
prosec THROUGH
ution PRIVATE
presen PROSECUTO
ts its R?
eviden The
ce and appe
under aranc
circum e of
stance the
s offen
affordi ded
ng the party
offend may
ed not
party per
a se be
reason consi
able dered
opport either
unity as an
to implie
make d
such electi
reserv on to
ation have
his
WHAT IS THE claim
REASON FOR for
THE RULE dama
REQUIRING ges
RESERVATION deter
? mine
The d in
reason said
is to proce
preve
 edings lent
or a to the
waiver value
of the of the
right check
to .
have
deter Sec. 2. When
mined separate
separa civil action is
tely suspended. –
After the
IN A BP22 criminal
CASE, CAN action has
THE been
OFFENDED commenced,
PARTY MAKE the separate
A civil action
RESERVATION arising
OF THE CIVIL therefrom
ACTION? cannot be
No, instituted
the until final
crimin judgment
al has been
action entered in
the criminal
shall
action.
be
deem
If the
ed to
criminal
includ action is
e the filed after
civil the said civil
action, action has
and already been
the instituted,
offend the latter
ed shall be
party suspended in
is not whatever
allowe state it may
d to be found
make before
the judgment on
reserv the merits.
ation The
The suspension
shall last
actual
until final
dama
judgment is
ges
rendered in
and the criminal
the action.
filing Nevertheless
fees , before
shall judgment on
be the merits
equiva rendered in
the civil of the
action, the offended
same may, party, be
upon motion

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 22 of 120

action, the
running
period of
prescription
consolidated
of the civil
with the
action which
criminal
cannot be
action in the
instituted
court trying
separately
the criminal
or whose
action. In
proceeding
case of
has been
consolidatio
suspended
n, the
shall be
evidence
tolled.
already
adduced in
the civil The
action shall extinction of
be deemed the penal
automaticall action does
y not carry
reproduced with it
in the extinction of
criminal the civil
action action.
without However,
prejudice to the civil
the right of action based
the on delict
prosecution shall be
to cross- deemed
examine the extinguished
witness if there is a
presented finding in a
by the final
offended judgment in
party in the the criminal
criminal action that
case and of the act or
the parties omission
to present from which
additional the civil
evidence. liability may
The arise did not
consolidated exist.
criminal and
civil actions WHEN IS
shall be THE
tried and SEPARATE
decided CIVIL
jointly. ACTION
SUSPENDED
During the ?
pendency of After
the criminal the
crimi ende
nal d in
actio what
n has ever
been state
com it
menc may
ed, be
the found
separ befor
ate e
civil judg
actio ment
n on
arisin the
g merit
there s.
from The
cann susp
ot be ensio
instit n
uted shall
until last
final until
judg final
ment judg
has ment
been is
enter rend
ed in ered
the in the
crimi crimi
nal nal
actio actio
n. n.
If the None
crimi thele
nal ss,
actio the
n is civil
filed actio
after n
the may
said be
civil cons
actio olidat
n has e
alrea with
dy the
been crimi
instit nal
uted, actio
the n at
latter any
shall time
be befor
susp e
judg -
ment exam
on ine
the the
merit witne
s ss
upon prese
motio nted
n of by
the the
offen offen
ded ded
party party
with in the
the crimi
court nal
tryin case
g the and
crimi of
nal the
actio parti
n es to
The prese
evide nt
nce additi
prese onal
nted evide
at nce.
the The
civil cons
actio olidat
n ed
shall crimi
be nal
deem actio
ed ns
repro shall
duce be
d in tried
the and
crimi decid
nal ed
actio jointl
n y
witho ONLY
ut EXCE
preju PTIO
dice N: a
to preju
the dicial
right quest
of ion
the arisin
prose g in a
cutio previ
n to ously
cross filed
 civil
actio
n
shoul The
d be indep
resol
ende
ved
nt
first
civil
actio
ARE THE
ns
INDEPENDEN
are
T CIVIL
ACTIONS not
ALSO susp
DEEMED ende
SUSPENDED d and
WITH THE may
FILING OF conti
THE nue
CRIMINAL even
ACTION? if the
No, crimi
only nal
the actio
civil n has
actio been
n instit
arisin uted
g Howe
from ver,
the the
crime offen
unde ded
r party
Articl may
e 100 not
of recov
the er
RPC twice
is from
susp the
ende same
d act
He should
only get
the
bigger
award

WHAT IS
THE EFFECT
OF
ACQUITTAL
ON THE
CIVIL
ACTION?
The
gene
ral l
rule i
is s
that b
the a
civil s
actio e
n is d
not
o
nece
n
ssaril
y r
extin e
guish a
ed by s
the o
acqui n
ttal a
of b
the l
accus e
ed. d
Even o
if the u
accus b
ed is t
a
acqui
n
tted,
d
the
court t
can h
still e
awar r
d e
civil w
liabili a
ty in s
the n
follo o
wing n
cases e
: g
1. W li
h g
e e
n n
c
t e
h 2. W
e h
a e
c n
q
u t
i h
t e
t r
a e
i y
s c
a i
d v
e il
c 3. W
l h
a e
r n
a
t t
i h
o e
n c
i i
n v
il
t li
h a
e b
d il
e i
c t
i y
s i
i s
o n
n o
t
t d
h e
a r
t i
t v
h e
e d
li
a f
b r
il o
i m
t
y
o
o
r
f
b
t
a
h
s
e
e
a
d
c
c
o
u
n
s
e
t
d
i h
s e
o c
n r
l i
m n
i s
n )
a Howe
l ver,
a if the
c decisi
t on
o conta
f ins a
w findin
h g
i that
c
the
h
act
from
t
h whic
e h the
a civil
c liabili
c ty
u may
s arise
e does
d n’t
i exist,
s the
a civil
c liabili
q ty is
u extin
i guish
t ed
t
e WHAT ARE
d THE TWO
TYPES OF
( ACQUITTAL?
i 1. Acqui
n ttal
d base
e d on
p reaso
e nable
n
doub
d
t
e 2. Acqui
n ttal
t base
c d on
i the
v merit
il s—he
a didn't
c com
t mit
i the
o crime
 nal
CAN YOU and
COMPEL A civil
JUDGE BY actio
MANDAMUS ns
TO AWARD are
CIVIL differ
DAMAGES? ent—
Yes, in the
because crimi
every nal
person actio
criminally n,
liable is the
also party
civilly is the
liable state,
Anot while
her in the
reaso civil
n is actio
that n,
even the
if the party
accus is the
ed is priva
acqui te
tted, offen
there ded
are
party
cases
Also,
when
the
he is
two
still
actio
civilly
ns
liable
requi
re
WHAT IS
differ
THE REASON
FOR ent
ALLOWING quan
CIVIL tities
LIABILITY TO of
SUBSIST IN evide
SPITE OF nce—
THE the
ACQUITTAL crimi
OF THE nal
ACCUSED? actio
The n
reaso requi
n is res
that proof
the of
parti guilt
es in beyo
the nd
crimi reaso
 nable of
doub evide
t, the nce
civil
actio Sec. 3. When
n on civil action
the may proceed
other independent
hand, ly. – In the
requi cases
res provided in
mere Articles 32,
prep 33, 34 and
onde 2176 of the
Civil Code of
rance

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 23 of 120

es
32,
33,
the 34
Philippines, and
the 2176
independent of
civil action the
may be Civil
brought by Code
the offended They
party. It may
shall proce
proceed ed
independent indep
ly of the ende
criminal ntly
action and of
shall require the
only a crimi
preponderan nal
ce of actio
evidence. In n and
no case, shall
however, requi
may the re
offended only
party
a
recover
prep
damages
onde
twice for the
rance
same act or
omission of
charged in evide
the criminal nce
action. This
is the
WHAT ARE princi
THE ple of
INDEPENDEN indep
T CIVIL ende
ACTIONS? nt
The civil
indep actio
ende ns—it
nt can
civil proce
actio ed
ns indep
are ende
those ntly
provi from
ded the
in crimi
Articl nal
 actio arraignment
n. and during
None the
thele pendency of
ss, the criminal
the action shall
offen extinguish
ded the civil
party liability
may arising from
the delict.
not
However,
have
the
doubl
independent
e civil action
recov instituted
ery. under
The section 3 of
offen this Rule or
ded which
party thereafter is
only instituted to
gets enforce
the liability
bigge arising from
r other
awar sources of
d. obligation
Justic may be
e continued
Sabio against the
: estate or
Philip legal
pine representati
Rabbi ve of the
accused
t
after proper
case
substitution
clarifi
or against
ed
said estate,
the as the case
rule may be. The
regar heirs of the
ding accused may
indep be
ende substituted
nt for the
civil deceased
actio without
ns requiring
the
Sec. 4. appointment
Effect of of an
death on executor or
civil actions. administrato
– The death r and the
of the court may
accused appoint a
after guardian ad
litem for the THE EFFECT
minor heirs. OF THE
DEATH OF
The court THE
shall ACCUSED ON
forthwith THE
order said CRIMINAL
legal AND CIVIL
representati ACTIONS?
ve or
representati
ves to
appear and
be
substituted
within a
period of
thirty (30)
days from
notice.

A final
judgment
entered in
favor of the
offended
party shall
be enforced
in the
manner
especially
provided in
these rules
for
prosecuting
claims
against the
estate of the
deceased.

If the
accused dies
before
arraignment
, the case
shall be
dismissed
without
prejudice to
any civil
action the
offended
party may
file against
the estate of
the
deceased.

WHAT IS
 actio
n,
both
the
1. If the
crimi
accus
nal
ed
and
dies
civil
befor
liabili
e
ty
arrai
arisin
gnme
g
nt,
from
the
the
case
crime
shall
shall
be
be
dismi
extin
ssed,
guish
witho
ed
ut
H
preju
dice o
to w
any e
civil v
actio e
n r
that ,
the t
offen h
ded e
party i
may n
file d
again e
st p
the e
estat n
e of d
the e
dece n
ased
t
2. If the
c
accus
i
ed
v
dies
after il
arrai a
gnme c
nt t
and i
durin o
g the n
pend s
ency m
of a
the y
crimi b
nal e
f ,
il a
e n
d d

a t
g h
a e
i h
n e
s i
t r
t s
h o
e f
e t
s h
t e
a a
t c
e c
o u
f s
t e
h d
e
a m
c a
c y
u a
s l
e s
d o
b
a e
f s
t u
e b
r s
p t
r i
o t
p u
e t
r e
s d
u
b f
s o
t r
i t
t h
u e
t d
i e
o c
n e
 a CRIMINAL
s ACTION
e STILL BE
d FILED?)
Yes,
while
Sec. 5. every
Judgment in perso
civil action n
not a bar. – crimi
A final nally
judgment liable
rendered in is
a civil action also
absolving civilly
the liable
defendant , the
from civil conv
liability is erse
not a bar to
is not
a criminal
true
action
against the Ther
defendant efore
for the same ,
act or even
omission if the
subject of defen
the civil dant
action. is
absol
WHEN THE ved
DEFENDANT of
IS civil
ABSOLVED liabili
OF CIVIL ty in
LIABILITY IN a
A CIVIL civil
ACTION, CAN actio
A CRIMINAL n, a
ACTION crimi
STILL BE nal
FILED
actio
AGAINST
n can
HIM?
(ALTERNATI still
VE be
QUESTION: filed
FOR again
EXAMPLE, X st
INSTITUTED him.
A CIVIL The
ACTION outco
BEFOREHAN me of
D AND IT the
WAS civil
DISMISSED actio
LATER ON. n is
CAN A not in
anyw only
ay prep
deter onde
mina rance
tive of
of evide
the nce
guilt while
or that
innoc requi
ence red
of in the
the crimi
respo nal
nden actio
t in n is
the proof
civil beyo
case nd
Besid reaso
es, nable
the doub
state t
is a
party CAN THE
in a OFFENDED
crimi PARTY STILL
nal INTERVENE
actio WITH THE
n, CRIMINAL
ACTION?
while
No
only
because
the
interest
priva
of the
te
offended
offen
party is
ded
only civil
party
Any
is a
time
party
he
in a
instit
civil
utes
actio
the 3
n
actio
More ns,
over, he
the cann
quan ot
tum anym
of ore
evide inter
nce vene
in in the
the crimi
civil nal
actio actio
n is
 n upon the
The pendency of
interest a prejudicial
of the question in a
state is civil action
criminal may be filed
prosecuti in the office
on of the of the
prosecutor
accused
or the court
conducting
Sec. 6.
the
Suspension
preliminary
by reason of
investigatio
prejudicial
n. When the
question. – A
criminal
petition for
action has
suspension
been filed in
of the
court for
criminal
trial, the
action based

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 24 of 120

ssal

WHAT IS A
petition to PREJUDICIAL
suspend QUESTION?
shall be filed A
in the same preju
criminal dicial
action at quest
any time ion is
before the one
prosecution base
rests. d on
a fact
MAY THE separ
COURT ate
MOTU and
PROPIO distin
ORDER THE ct
DISMISSAL from
OF A the
CRIMINAL crime
ACTION but is
WHERE so
THERE IS A intim
PREJUDICIAL
ately
QUESTION
relat
TO BE
ed to
RESOLVED?
it
No,
that
the
it
court
deter
can
mine
only
s the
susp
guilt
end
or
the
innoc
crimi
ence
nal
of
actio
the
n
accus
upon
ed
a
petiti
WHAT IS
on
THE RULE
but it REGARDING
has PREJUDICIAL
no QUESTIONS?
auth In
ority case
to the
order civil
its actio
dismi n
 was Elements of
instit prejudicial
uted question. –
ahea The
d of elements of
the a prejudicial
crimi questions
nal are: (a) the
actio previously
n, instituted
civil action
the
involves an
same
issue similar
shall
or intimately
be related to
susp the issue
ende raised in the
d in subsequent
what criminal
ever action, and
stage (b) the
it resolution of
may such issue
be determines
found whether or
and not the
befor criminal
e action may
judg proceed.
ment
is the WHAT ARE
merit THE
s ELEMENTS
upon OF A
com PREJUDICIAL
QUESTION?
menc
1. The
emen
previ
t of
ously
the
filed
crimi civil
nal actio
actio n
n invol
ves
WHAT IS an
THE issue
RATIONALE whic
BEHIND THE h is
PREJUDICIAL simil
QUESTION ar or
RULE? is
To avoid intim
two ately
conflictin relat
g ed
decisions with
an
Sec. 7. issue
 raise ed in
d in the
the biga
subs my
eque charg
nt e is
crimi also
nal the
actio one
n askin
2. The
g for
resol
annul
ution
ment
of
the of
issue the
will seco
deter nd
mine (biga
whet mous
her marri
or age
not base
the d on
crimi vitiati
nal on of
actio cons
n ent)
may
proce
ed

WHEN IS AN
ACTION FOR
ANNULMENT
OF
MARRIAGE
PREJUDICIAL
TO A
BIGAMY
CASE?
An
actio
n for
annul
ment
of
marri
age
is
preju
dicial
to a
biga
my
case
only
if the
accus
 tive
of
the
This guilt
is and
beca innoc
use ence
in of
such the
a accus
case, ed
if the
court IS AN
ACTION FOR
decla
NULLITY
res
BECAUSE OF
that ARTICLE 36
the A
party PRELIMINAR
’s Y QUESTION
cons OF
ent is ADULTERY?
indee No,
d what
vitiat is
ed impo
and rtant
annul is the
s the fact
marri that
age, the
then marri
it age
woul still
d subsi
mean sted
that durin
the g the
party com
didn’ missi
t on of
willin the
gly crime
com of
mit adult
the ery
crime
of IS AN
biga ACTION FOR
my LEGAL
It SEPARATION
A
woul
PRELIMINAR
d
Y QUESTION
thus
ON
be CONCUBINA
deter GE?
mina No,
in A
legal T
separ I
ation, O
the N
marri
age Section 1.
bond Preliminary
is not investigatio
sever n defined;
when
ed
required. –
and
Preliminary
thus,
investigatio
it n is an
does inquiry or
n't proceeding
matt to determine
er if whether
the there is
legal sufficient
separ ground to
ation engender a
was well-founded
grant belief that a
ed or crime has
not been
committed
R and the
U respondent
L is probably
E guilty
thereof, and
1 should be
1 held for
2 trial.

- Except as
provided in
P Section 7 of
R this Rule, a
E preliminary
L investigatio
I n is required
M to be
I conducted
N before the
A filing of a
R compliant or
Y information
for an
I offense
N where the
V penalty
E prescribed
S by law is at
T least four
I (4) years,
G two (2)
months and trial
one (1) day
without WHAT IS
regard to THE NATURE
the fine. AND
EFFECTS OF
WHAT IS A A
PRELIMINAR PRELIMINAR
Y Y
INVESTIGATI INVESTIGATI
ON? ON?
It is 1. It is
an mere
inquir ly
y or inqui
proce sitori
eding al
to 2. Only
deter mean
s of
mine
disco
whet
verin
her
g
there whet
is her
suffic the
ient offen
grou se
nd to has
enge been
nder com
a mitte
well- d and
found the
ed perso
belief ns
that respo
a nsibl
crime e for
has it
3. To
been
enabl
com
e the
mitte
fiscal
d and to
the prep
respo are
nden his
t is comp
prob laint
ably and
guilty infor
there matio
of, n
and 4. Not a
shoul trial
d be on
held the
for merit
 s

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 25 of 120

proce
eding
s
8. Accu
5. Deter
sed
mine
cann
whet
ot
her
asser
there
t lack
is
of
prob
preli
able
mina
caus
ry
e to
inves
belie
tigati
ve
on.
that
Court
an
cann
offen
ot
se
dismi
has
ss
been
the
com
case
mitte
base
d and
d on
the
this
accus
grou
ed is
nd—
prob
it
ably
shoul
guilty
d
of it
cond
6. Does
uct
n't
the
place
inves
the
tigati
accus
on or
ed in
order
jeopa
the
rdy
fiscal
7. Does
or
n't
lower
affect
court
the
to do
jurisd
it
iction
9. Preli
of
mina
the
ry
court
inves
—
tigati
only
on
the
may
regul
be
arity
waiv
of
ed
the
10. Accu
 sed WHEN IS IT
shoul REQUIRED?
d Befor
invok e a
e comp
right laint
to PI or
befor infor
e matio
plea, n is
other
filed,
wise
preli
it is
deem mina
ed ry
waiv inves
ed tigati
11. Accu on is
sed requi
does red
n't for all
have offen
full ses
gamu punis
t of hable
right by
s yet. impri
He sonm
does ent
n't of at
have least
right
4
to
years
coun
, 2
sel
unles mont
s a hs
confe and 1
ssion day,
is regar
being dless
obtai of
ned the
from fine,
him. exce
12. Ther pt if
e is the
also accus
no ed
right was
to arres
confr
ted
ont
by
witne
sses virtu
again e of a
st lawfu
him. l
arres
t
witho RPC
ut Whet
warra her
nt or
In not
case there
of is a
lawfu need
l for PI
arres depe
t nds
witho upon
ut the
warra impo
nt: sable
the penal
comp ty for
laint the
or crime
infor charg
matio ed in
n the
may comp
be laint
filed filed
witho with
ut a the
preli city
mina or
ry provi
inves ncial
tigati prose
on cutor
unles ’s
s the office
accus and
ed not
asks upon
for a the
preli impo
mina sable
ry penal
inves ty for
tigati the
on crime
and fund
waiv to
es have
his been
right com
s mitte
unde d by
r the
Articl respo
e 125 nden
of t
the after
 a the
preli accus
mina ed
ry from
inves the
tigati incon
on venie
nce,
WHAT IS expe
THE nse,
PURPOSE OF and
A burd
PRELIMINAR en of
Y defen
INVESTIGATI ding
ON? hims
1. To elf in
deter a
mine form
if al
there trial
is unles
suffic s the
ient reaso
grou nable
nd to prob
enge abilit
nder y of
a his
well- guilt
found has
ed been
belief first
that ascer
a taine
crime d in a
has fairly
been sum
com mary
mitte proce
d and eding
the by a
respo comp
nden etent
t is office
prob r
ably 3. To
guilty secur
there e the
of, innoc
and ent
shoul again
d be st
held hasty
for ,
trial malic
2. To ious
prote and
ct oppr
essiv
e
prose
cutio
4. To
n,
prote
and
ct
to
the
prote
state
ct
from
him
havin
from
g to
an
cond
open
uct
and
usele
publi
ss
c
and
accus
expe
ation
nsive
of a
trials
crime
,
WHAT IS
from
THE SCOPE
the
OF
troub
PRELIMINAR
le,
expe Y
nse INVESTIGATI
and ON?
anxie Preli
ty of mina
a ry
publi inves
c trial tigati
on is
mere
ly
inqui
sitori
al
and it
is
often
the
only
mean
s of
disco
verin
g
whet
her
the
offen
se
has
been
com
mitte
d and accus
the ed is
perso prob
ns ably
respo guilty
nsibl of it
e for It doesn't
it to place the
enabl accused
e the in double
fiscal jeopardy
to
prep IS THE
are RIGHT TO
his PRELIMINAR
comp Y
laint INVESTIGATI
or ON A
infor FUNDAMENT
AL RIGHT?
matio
No, it is a
n
statutory
It is
right
not a
May be
trial
waived
on
expressly
the
or by
merit
silence
s and
It is
has
not
no
an
purp
elem
ose
ent
BUT
of
to
due
deter
proce
mine
ss
whet
unles
her
s it is
there
expre
is
ssly
prob
grant
able
ed by
caus
law
e to
While
belie
the
ve
right
that
to a
an
PI
offen
may
se
be
has
subst
been
antial
com
,
mitte
never
d and
thele
that
ss it
the
 is not s
a
const n
itutio o
nal t
right
p
CAN THE a
ACCUSED r
DEMAND t
THE RIGHT
TO o
CONFRONT f
AND CROSS-
EXAMINE t
HIS h
WITNESSES
e
DURING THE
PRELIMINAR
t
Y
INVESTIGATI r
ON? i
N a
o l
,
I
t t
h
e i
s
p
r s
e u
l m
i m
m a
i r
n y
a
r a
y n
d
i
n i
v n
e q
s u
t i
i s
g i
a t
t o
i r
o i
n a
l
i
i
 n jurisd
iction
n of
a the
t court
u but
r mere
e ly the
regul
Its arity
functi of
on is the
not proce
to eding
deter s
mine Neith
the er is
guilt it a
of grou
the nd to
accus quas
ed h the
but infor
mere matio
ly to n or
deter nullif
mine y the
the order
exist of
ence arres
of t
prob issue
able d
caus again
e st
him
IS THE LACK or
OF A justif
PRELIMINAR y the
Y relea
INVESTIGATI se of
ON A the
GROUND accus
FOR ed
DISMISSING from
A dete
COMPLAINT? ntion
No, The
the court
abse cann
nce ot
of a dismi
PI ss
does the
n't comp
affect laint
the on
 this ucted
grou by
nd, the
and it state
shoul prose
d cutor
inste is
ad null
cond and
uct void
the The
inves trial
tigati court
on or shoul
order d
the susp
fiscal end
or proce
lower eding
court s and
to do order
it a PI
consi wher
derin e the
g inque
that st
the cond
inque ucted
st is
inves null
tigati and
on void
cond

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 26 of 120

WHEN
SHOULD THE
RIGHT TO
PRELIMINAR
WHAT IS
Y
THE EFFECT
INVESTIGATI
OF THE
ON BE
ABSENCE OF
CERTIFICATI INVOKED?
ON THAT The
PRELIMINAR accus
Y ed
INVESTIGATI shoul
ON WAS d
CONDUCTED invok
? e it
It is of no befor
conseque e
nce plea,
The or
impo else,
rtant it is
thing deem
is ed
that waiv
there ed
was
actua IF THE
lly an COURT
inves DENIES THE
tigati INVOCATION
on OF THE
and RIGHT TO
that PRELIMINAR
the Y
accus INVESTIGATI
ed ON, WHAT IS
was THE REMEDY
OF THE
infor
ACCUSED?
med
He must
there
immediat
of
ely
and
appeal it
was
to the
allow
appellate
ed to
court
prese
He cannot
nt
raise later
contr
the issue
overt
for the
ing
first time
evide
on appeal
nce
IF THE City
COMPLAINT Prose
OR cutor
INFORMATIO s and
N IS their
AMENDED, assis
SHOULD A tants
NEW ;
PRELIMINAR
Y (b) Judg
INVESTIGATI es of the
ON BE Municipal
CONDUCTED Trial Courts
? and
No, Municipal
unles Circuit Trial
s the Courts;
amen
ded (c) Natio
comp nal
laint and
or Regio
infor nal
matio State
n Prose
charg cutor
es a s;
NEW and
offen
se (d) Other
office
IF THE NEW rs as
COMPLAINT may
OR be
INFORMATIO auth
N IS orize
SUBSTITUTE d by
D, SHOULD A law.
NEW PI BE
CONDUCTED Their
? authority to
Yes conduct
preliminary
Sec. 2. investigatio
Officers ns shall
authorized include all
to conduct crimes
preliminary cognizable
investigatio by the
ns. – The proper court
following in their
may conduct respective
preliminary territorial
investigatio jurisdictions.
ns:

(a) Provi
ncial
or
 5. PCGG
with
respe
ct to
WHO MAY
ill-
CONDUCT
gotte
PRELIMINAR n
Y wealt
INVESTIGATI h
ONS?
1. Provi
CAN RTC
ncial
JUDGES
or
CONDUCT
city
PRELIMINAR
prose
Y
cutor
INVESTIGATI
s and
ONS?
their
No,
assist
ants but
2. Natio this
nal shoul
and d not
Regio be
nal confu
State sed
prose with
cutor the
s auth
3. COM ority
ELEC of
with the
respe RTC
ct to to
electi cond
on uct
offen an
ses exam
4. Omb
inatio
udsm
n for
an
the
with
respe prup
ct to ose
Sandi of
ganb deter
ayan minin
offen g
ses prob
and able
other caus
offen e
ses when
com issuin
mitte g a
d by warra
publi nt of
c arres
office t
rs
Sec. 3. y, before a
Procedure.– notary
The public, each
preliminary of whom
investigatio must certify
n shall be that he
conducted in personally
the examined
following the affiants
manner: and that he
is satisfied
(a) The that they
complaint voluntarily
shall state executed
the address and
of the understood
respondent their
and shall be affidavits.
accompanie
d by the (b) Within
affidavits of ten (10)
the days after
complainant the filing of
and his the
witnesses, complaint,
as well as the
other investigatin
supporting g officer
documents shall either
to establish dismiss it if
probable he finds no
cause. They ground to
shall be in continue
such number with the
of copies as investigatio
there are n, or issue a
respondents subpoena to
, plus two the
(2) copies respondent
for the attaching to
official file. it a copy of
The the
affidavits complaint
shall be and its
subscribed supporting
and sworn affidavits
to before and
any documents.
prosecutor
or The
government respondent
official shall have
authorized the right to
to examine the
administer evidence
oath, or, in submitted
their by the
absence or complainant
unavailabilit which he
may not he intends
have been to present
furnished against the
and to copy respondent,
them at his and these
expense. If shall be
the evidence made
is available for
voluminous, examination
the or copying
complainant by the
may be respondent
required to at his
specify expense.
those which

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 27 of 120

of his
witne
sses
and
Objects
other
as
supp
evidenc
ortin
e need
g
not be
docu
furnishe
ment
d a
s
party
relie
but
d
shall be
upon
made
for
availabl
his
e for
defe
examina
nse.
tion,
The
copying,
count
or
er-
photogr
affida
aphing
vits
at the
shall
expense
be
of the
subs
requesti
cribe
ng
d and
party.
swor
n to
(c)
and
Within
certi
ten (10)
fied
days
as
from
provi
receipt
ded
of the
in
subpoe
para
na with
grap
the
h (a)
complai
of
nt and
this
supporti
secti
ng
on,
affidavit
with
s and
copie
docume
s
nts, the
there
respond
of
ent
furni
shall
shed
submit
by
his
him
counter-
to
affidavit
the
and that
comp
lainant. office
The r
respond may
ent set a
shall heari
not be ng if
allowed there
to file a are
motion facts
to and
dismiss issue
in lieu s to
of a be
counter- clarifi
affidavit ed
. from
a
(d) If party
the or a
respond witne
ent ss.
cannot The
be parti
subpoe es
naed, or can
if be
subpoe prese
naed, nt at
does the
not heari
submit ng
counter- but
affidavit witho
s within ut
the ten the
(10) day right
period, to
the exam
investig ine
ating or
office cross
shall -
resolve exam
the ine.
complai They
nt may,
based howe
on the ver,
evidenc subm
e it to
present the
ed by inves
the tigati
complai ng
nant. office
r
(e) The quest
investig ions
ating whic
h may or
be not
asked there
to the is
party or suffic
witness ient
concern grou
ed. nd to
hold
The the
hearing respo
shall be nden
held t for
within trial.
ten (10)
days WHA
from T IS
submiss THE
ion of PROC
the EDUR
counter- E IN
affidavit CON
s and DUCT
other ING A
docume PRELI
nts or MINA
from RY
the INVE
expirati STIG
on of ATIO
the N?
period Th
for their e
submiss pr
ion. It eli
shall be mi
termina na
ted ry
within inv
five est
(5)
iga
days.
tio
n
(f)
sh
Within
ten (10) all
days be
after co
the nd
investig uct
ation, ed
the in
investig th
ating e
officer foll
shall ow
determi ing
ne ma
whether nn
 e
r
:
 Th
1. The e
com affi
plai da
nt vit
shal s
l m
stat ust
e: be
 The su
address bs
of the cri
respond be
ent and d
 Shall be an
accomp d
anied by sw
the or
affidavit n
s of the be
complai for
nant and e
his th
witnesse e
s, as pr
well as os
other ec
supporti ut
ng or
docume or
nts to go
establish ve
probable rn
cause. m
en
t
offi
cia
l
au
th
ori
ze
d
to
ad
mi
nis
ter
su
ch
or
no
tar
y
pu
 b d
l to
i co
c nti
nu
e
2. With wit
in h
ten th
(10) e
days inv
after est
the iga
filing tio
of n,
the or
com  Iss
plain ue
t, a
the su
inve bp
stiga oe
ting na
offic to
er th
shall e
eithe res
r” po
 D nd
i en
s t
m att
i ac
s hin
s g
to
i it
t a
co
i py
f of
th
h e
e co
m
f pla
i int
n an
d d
s its
su
n pp
o ort
ing
g affi
r da
o vit
u s
n an
 d u
s,
d t
o h
c e
u c
m o
e m
n pl
t ai
s n
. a
n
t
The m
resp a
onde y
nt b
shall e
have r
the e
right q
to ui
exa r
mine e
the d
evid t
ence o
sub s
mitt p
ed e
by ci
the fy
com t
plain h
ant o
whic s
h he e
may w
not hi
have c
been h
furni h
shed e
and in
to t
copy e
the n
m at d
his s
expe t
nse. o
If p
the r
evid e
ence s
is e
volu n
mino t
 agai o
nst n
the d
resp e
onde n
nt, t
and s
thes h
e al
shall l
be s
mad u
e b
avail m
able it
for hi
exa s
mina c
tion o
or u
copy n
ing t
by e
the r-
resp a
onde f
nt at fi
his d
expe a
nse. vi
t
3. With a
in n
ten d
(10) t
days h
from a
recei t
pt of o
the f
subp hi
oena s
with w
the it
com n
plain e
t s
and s
supp e
ortin s
g a
affid n
avits d
and o
docu t
men h
ts, e
the r
resp s
 uppo s
rting u
docu b
men p
ts o
relie e
d n
upon a
for e
his d
defe ,
nse. o
The r
coun if
ter- s
affid u
avits b
shall p
be o
subs e
cribe n
d a
and e
swor d
n to ,
and d
certi o
fied. e
The s
resp n
onde o
nt t
shall s
not u
be b
allo m
wed it
to c
file a o
moti u
on n
to t
dism e
iss in r-
lieu a
of a f
coun fi
ter- d
affid a
avit. vi
ts
4. If w
the it
resp hi
onde n
nt t
cann h
ot e
be t
 en p
(10) a
day rt
peri ie
od, s
the c
inve a
stiga n
ting b
offic e
e p
shall r
resol e
ve s
the e
com n
plain t
t a
base t
d on t
the h
evid e
ence h
pres e
ente a
d by ri
the n
com g
plain b
ant. u
t
5. The w
inve it
stiga h
ting o
offic u
er t
may t
set a h
hear e
ing if ri
ther g
e h
are t
facts t
and o
issu e
es to x
be a
clari m
fied in
from e
a o
part r
y or c
a r
witn o
ess. s
The s-
 exa s
mine u
. The b
hear m
ing is
shall si
be o
held n
withi .
n It
ten s
(10) h
days al
from l
sub b
miss e
ion t
of e
the r
coun m
ter- in
affid a
avits t
and e
othe d
r w
docu it
men hi
ts or n
from fi
the v
expir e
ation (
of 5
the )
peri d
od a
for y
their s.

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 28 of 120

g
a
t
i
n
6. W
g
i
t
o
h
f
i
fi
n
c
e
t
r
e
s
n
h
a
(
ll
1
d
0
e
)
t
d
e
a
r
y
m
s
i
a
n
f
e
t
w
e
h
r
e
t
t
h
h
e
e
i
r
n
o
v
r
e
n
s
o
t
t
i
t
g
h
a
e
t
r
i
e
o
i
n
s
,
s
t
u
h
f
e
fi
i
c
n
i
v
e
e
n
s
t
t
g
i
r
 o a
u quasi
n -
d judici
al
t office
o r
h Parti
o es
l
are
d
given
the
t
h oppo
e rtunit
r y to
e be
s hear
p d and
o to
n prod
d uce
e evide
n nce
t whic
f h
o shall
r be
t weig
r hed
i and
a upon
l. whic
h a
IS A
decisi
PRELIMINAR
on
Y
shall
INVESTIGATI
be
ON A
JUDICIAL rend
PROCEEDING ered
? Since
Yes it it is a
is a judici
judici al
al proce
proce eding
eding , the
wher requi
reme
e the
nt of
prose
due
cutor
proce
or
ss in
inves
judici
tigati
al
ng
proce
office
eding
r acts
s is
 also libert
requi y, or
red prop
in erty
preli
mina WHAT ARE
ry THE TWO
inves BRANCHES
tigati OF DUE
ons PROCESS?
Due
WHAT IS proce
DUE ss
PROCESS? cover
The idea s two
that laws aspe
and legal cts—
proceedin subst
gs must antiv
be fair e and
Princi proce
ple dural
that due
the proce
gover ss
nmen Subst
t antiv
must e due
respe proce
ct all ss
of a refer
perso s to
n's the
legal intrin
right sic
s validi
inste ty of
ad of the
just law
some Proce
or dural
most due
of proce
those ss,
legal whic
right h is
s base
when d on
the the
gover princi
nmen ple
t that
depri a
ves a court
hear
perso
befor
n of
e it
life,
cond
 emns rs for
, the
proce purp
eds ose
upon of
inquir deter
y, minin
and g
rend whet
ers her
judg
they
ment
shoul
only
d file
after
trial a
and comp
base laint
d on for
the preli
evide mina
nce ry
prese inves
nted tigati
there on
in Preli
mina
WHAT IS ry
THE inves
DIFFERENCE tigati
BETWEEN on is
CRIMINAL cond
INVESTIGATI ucted
ON AND
for
PRELIMINAR
the
Y
INVESTIGATI purp
ON? ose
Crimi of
nal deter
inves minin
tigati g if
on is there
a is a
fact- prob
findin able
g caus
inves e to
tigati hold
on a
carri perso
ed n for
out trial
by
law- WHAT IS
enfor PROBABLE
ceme CAUSE?
nt Proba
office ble
caus
 e is parties
the
exist
ence
of
such
facts
and
circu
msta
nces
as
woul
d
excit
e the
belief
in a
reaso
nable
mind,
actin
g on
the
facts
withi
n the
know
ledge
of
the
prose
cutor
, that
the
perso
n
charg
ed
was
guilty
of
the
crime
for
whic
h he
was
prose
cuted
Based on
the
evidence
that
would be
adduced
by the
 confe
ssion
woul
d be
IS THE void
PRESENCE
OF COUNSEL WHAT ARE
IN A THE DO’S
PRELIMINAR AND
Y DON'T’S IN A
INVESTIGATI PRELIMINAR
ON Y
MANDATORY INVESTIGATI
? ON?
No, 1. You
preli cann
mina ot
ry cross
inves -
tigati exam
on is ine
2. No
a
right
sum
to
mary
coun
proce sel
eding exce
and pt
is when
mere confe
ly ssion
inqui is
sitori being
al in obtai
naur ned
e 3. You
The cann
accused ot file
cannot comp
yet fully laint
exercised or
his rights infor
Howe matio
ver, n
if a witho
ut
confe
auth
ssion
ority
is to
4. Right
be to be
obtai prese
ned nt
from not
respo absol
nden ute
t, an 5. No
unco dismi
unsel ssal
led witho
 ut was
appr informed of
oval the
6. Right complaint
to and of the
disco evidence
very submitted
proce against him;
eding and that he
s was given an
opportunity
Sec. 4. to submit
Resolution controvertin
of g evidence.
investigatin Otherwise,
g prosecutor he shall
and its recommend
review. – If the
the dismissal of
investigatin the
g prosecutor complaint.
finds cause
to hold the Within five
respondent (5) days
for trial, he from his
shall resolution,
prepare the he shall
resolution forward the
and record of the
information. case to the
He shall provincial or
certify under city
oath in the prosecutor
information or chief
that he, or state
as shown by prosecutor,
the record, or to the
an Ombudsman
authorized or his
officer, has deputy in
personally cases of
examined offenses
the cognizable
complainant by the
and his Sandiganbay
witnesses; an in the
that there is exercise of
reasonable its original
ground to jurisdiction.
believe that They shall
a crime has act on the
been resolution
committed within ten
and that the (10) days
accused is from their
probably receipt
guilty thereof and
thereof; that shall
the accused immediately
inform the prior written
parties of authority or
such action. approval of
the
No provincial or
complaint or city
information prosecutor
may be filed or chief
or dismissed state
by an prosecutor
investigatin or the
g prosecutor Ombudsman
without the or his
deputy.

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 29 of 120

g
another
prelimi
nary
Where
investig
the
ation.
investiga
ting
prosecuto If upon
r petition
recomme by a
nds the proper
dismissal party
of the under
complaint such
but his rules as
recomme the
ndation is Depart
disapprov ment of
ed by the Justice
provincial may
or city prescri
prosecuto be or
r or chief motu
state propio,
prosecuto the
r or the Secreta
Ombuds ry of
man or Justice
his reverse
deputy s or
on the modifie
ground s the
that a resoluti
probable on of
cause the
exists, provinci
the latter al or
may, by city
himself, prosecu
file the tor or
informati chief
on state
against prosecu
the tor, he
responde shall
nt, or direct
direct the
another prosecu
assistant tor
prosecuto concern
r or state ed
prosecuto either
r to do so to file
without the
conductin corresp
onding
informati 1. I
on f
without
conductin t
g anther h
prelimina e
ry
investiga i
tion, or to n
dismiss v
or move e
for s
dismissal t
of the i
complaint g
or a
informati t
on with i
notice to n
the g
parties.
The same p
rule shall r
apply in o
prelimina s
ry e
investiga c
tions u
conducte t
d by the o
officers of r
the Office
of the f
Ombuds i
man. n
d
HOW s
DOES THE
INVESTIG c
ATING a
PROSECU u
TOR s
RESOLVE e
THE
FINDINGS t
AFTER o
PRELIMIN
ARY h
INVESTIG o
ATION? l
The d
investi
gating t
prosec h
utor e
shall
do the r
followi e
ng s
p f
o o
n r
d m
e a
nt t
fo i
r o
tri n
al
, t
h h
e a
sh t
al :
l
pr a. He,
e or
p as
ar sho
e wn
th by
e the
re reco
so rd,
lu an
ti auth
o orize
n d
a offic
n er,
d has
in pers
fo onall
r y
m exa
at min
io ed
n. the
H com
e plain
sh ant
al and
l his
c witn
er esse
tif s;
y
u
n
d
er
o
at
h
in
th
e
in
 the
prov
inci
al or
of its
city
origin
pros
al
ecut
jurisdi
or
ction.
or
They
chie
shall
f
act on
stat
the
e
resolu
pros
tion
ecut
within
or
ten
or
(10)
the
days
Om
from
bud
their
sma
receip
n or
t
his
thereo
dep
f and
uty.
shall
imme
diately 5. If
inform the
the inve
partie stig
s of atin
such g
action. pros
ecut
or
4. No
reco
compl
mm
aint or
end
inform
s
ation
the
may
dis
be
miss
filed
al of
or
the
dismis
com
sed by
plai
an
nt
investi
but
gating
his
prosec
reco
utor
mm
withou
end
t the
atio
prior
n is
writte
disa
n
ppro
author
ved
ity or
by
appro
the
val of
provin b. D
cial or i
city r
prosec e
utor or c
chief t
state
prosec a
utor or n
the o
Ombu t
dsman h
or his e
deput r
y on
the a
groun s
d that s
a i
proba s
ble t
cause a
exists, n
the t
latter
may, p
either: r
a. B o
y s
hi e
m c
se u
lf, t
fil o
e r
th
e o
in r
fo
r s
m t
at a
io t
n e
a
g p
ai r
ns o
t s
th e
e c
re u
sp t
o o
n r
d
e t
nt o
,
 d reve
o rses
so or
wi mod
th ifies
o the
ut reso
c lutio
o n of
n the
d prov
u inci
ct al or
in city
g pros
a ecut
n or
ot or
h chie
er f
pr stat
el e
i pros
m ecut
in or,
ar he
y shall
in dire
v ct
es the
ti pros
g ecut
at or
io con
n. cern
ed
6. If eith
upon er
petitio to
n by a file
proper the
party corr
under esp
such ondi
rules ng
as the infor
Depar mati
tment on
of with
Justice out
may con
prescr duct
ibe or ing
motu anth
propio er
, the preli
Secret min
ary of ary
Justice inve
 stigati infor
on, or mati
to on
dismis with
s or noti
move ce
for to
dismis the
sal of parti
the es.
compl
aint or
b. That there is reasonable ground
to believe that a IF THERE WAS
NO PRELIMINARY
INVESTIGATION CONDUCTED,
c e
r d
i is
m pr
e o
b
h a
a bl
s y
g
b uil
e ty
e th
n er
e
c of
o ;
m c. T
m h
i at
t th
t e
e ac
d cu
se
a d
n w
d as
in
t fo
h r
a m
t e
d
t of
h th
e e
co
a m
c pl
c ai
u nt
s a
 n iv
d e
n
o a
f n
o
t p
h p
e or
tu
e ni
v ty
i to
d su
e b
n m
c it
e co
nt
s ro
u v
b er
m ti
i n
t g
t e
e vi
d d
e
a nc
g e.
a
i 2. If the
n investigati
s ng officer
t finds no
probable
h cause, he
i shall
m recommen
; d the
dismissal
d. A of the
n complaint
d
3. Within five
t (5) days
h from his
a resolution,
t he shall
forward
h the record
e of the case
to the
w provincial
a or city
s prosecutor
or chief
g state
prosecut WHAT IS THE
or, or to REMEDY OF
the THE
Ombuds ACCUSED?
man or *Code: RICA P
his 1. Refuse
deputy to
in cases enter
of plea
offenses 2. Insist
cognizab on a
le by the prelim
Sandiga inary
nbayan investi
in the gation
exercise 3. File
certior
ari if
refuse
d
4. Raise
it as
an
error
on
appeal
5. File a
petitio
n for
prohib
ition

MAY THE
REGIONAL
STATE
PROSECUTOR
FILE AN
INFORMATIO
N IN COURT?
No,
unless
he has
the
prior
writte
n
appro
val of
the
city or
provin
cial or
chief
state
prosec
utor
Thus,
even if
 the matio
acc n filed
use alone
d by the
alre Regio
ady nal
ente State
red prosec
a utor,
plea the
to court
an may
infor still

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 30 of 120

tainin
g the
appe
dismi al
ss The
the matter
same should be
on left to the
the determin
grou ation of
nd the court
that
it IF THE
didn't SECRETARY
acqui OF JUSTICE
re GIVES DUE
jurisd COURSE TO
iction THE APPEAL,
over WHAT
the SHOULD THE
case TRIAL JUDGE
since DO?
it The
was trial
filed judge
by shoul
one d
who susp
is not end
auth proce
orize edins
d and
defer
WHY arrai
SHOULD THE gnme
SECRETARY nt
OF JUSTICE
pendi
DO IF AN
ng
INFORMATIO
the
N ALREADY
FILED IN resol
COURT IS ution
APPEALED of
TO HIM? the
He appe
shoul al
d as
far as IS THE
pract DETERMINAT
icabl ION OF
e, PROBABLE
refrai CAUSE A
JUDICIAL OR
n
EXECUTIVE
from
FUNCTION?
enter
 It investigatio
depends n, the
Exec investigatin
utive g judge shall
functi transmit the
on: resolution of
purp the case to
ose the
of provincial or
city
deter
prosecutor,
minin
or to the
g
Ombudsman
whet or his
her deputy in
there cases of
is offenses
reaso cognizable
nable by the
grou Sandiganbay
nd to an in the
belie exercise of
ve its original
that jurisdiction,
the for
accus appropriate
ed action. The
has resolution
com shall state
mitte the findings
d the of facts and
offen the law
se supporting
his action,
and
together
shoul
with the
d be
record of the
held case which
for shall
trial include: (a)
Judicial the warrant,
function: if the arrest
issuance is by virtue
of of a warrant;
warrant (b) the
of arrest affidavits,
by a counter-
judge affidavits
and other
Sec. 5. supporting
Resolution evidence of
of the parties;
investigatin (c) the
g judge and undertaking
its review. – or bail of the
Within ten accused and
(10) days the order for
after the his release;
preliminary (d) the
transcripts
of the
proceedings
during the
release of an
preliminary
accused who
investigatio
is detained
n; and (e)
if no
the order of
probable
cancellation
cause is
of his bail
found
bond, if the
against him.
resolution is
for the
Sec. 6. When
dismissal of
warrant of
the
arrest may
complaint.
issue. – (a)
By the
Within thirty
Regional
(30) days
Trial Court. –
from receipt
Within ten
of the
(10) days
records, the
from the
provincial or
filing of the
city
complaint or
prosecutor,
information,
or the
the judge
Ombudsman
shall
or his
personally
deputy, as
evaluate the
the case
resolution of
may be,
the
shall review
prosecutor
the
and its
resolution of
supporting
the
evidence. He
investigatin
may
g judge on
immediately
the
dismiss the
existence of
case if the
probable
evidence on
cause. Their
record
ruling shall
clearly fails
expressly
to establish
and clearly
probable
state the
cause. If he
facts and
finds
the law on
probable
which it is
cause, he
based and
shall issue a
the parties
warrant of
shall be
arrest, or a
furnished
commitment
with copies
order if the
thereof.
accused has
They shall
already been
order the
arrested
pursuant to
a warrant
issued by
the judge Municipal
who Trial Court
conducted in Cities,
the Municipal
preliminary Trial Court,
investigatio or Municipal
n or when Circuit Trial
the Court may
complaint or be
information conducted
was filed by either the
pursuant to judge or the
section 7 of prosecutor.
this Rule. In When
case of conducted
doubt on the by the
existence of prosecutor,
probable the
cause, the procedure
judge may for the
order the issuance of
prosecutor a warrant of
to present arrest by the
additional judge shall
evidence be governed
within five by
(5) days paragraph
from notice (a) of this
and the section.
issue must When the
be resolved investigatio
by the court n is
within thirty conducted
(30) days by the judge
from the himself, he
filing of the shall follow
complaint of the
information. procedure
provided in
(b) By the section 3 of
Municipal this Rule. If
Trial Court. – his findings
When and
required recommenda
pursuant to tions are
the second affirmed by
paragraph of the
section of provincial or
this Rule, city
the prosecutor,
preliminary or by the
investigatio Ombudsman
n of cases or his
falling under deputy, and
the original the
jurisdiction correspondi
of the ng
Metropolitan information
Trial Court, is filed, he
shall issue a custody in
warrant of order not to
arrest. frustrate the
However, ends of
without justice.
waiting for
the (c) When
conclusion warrant of
of the arrest not
investigatio necessary. –
n, the judge A warrant of
may issue a arrest shall
warrant of not issue if
arrest if he the accused
finds after is already
an under
examination detention
in writing pursuant to
and under a warrant
oath of the issued by
complainant the
and his municipal
witnesses in trial court in
the form of accordance
searching with
questions paragraph
and (b) of this
answers, section, or if
that a the
probable complaint or
cause exists information
and that was filed
there is a pursuant to
necessity of section 7 of
placing the this Rule or
respondent is for an
under offense
immediate

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 31 of 120

of
ev
id
penalized en
by fine ce
only. The W
court shall he
them th
proceed in er
the th
exercise of e
its original fu
jurisdictio nc
n. tio
n
CAN THE of
ACCUSED de
FILE A ter
MOTION mi
TO QUASH ni
BASED ON ng
INSUFFICIE
pr
NCY OF
ob
EVIDENCE?
ab
No,
le
he
ca
can
us
not
e
pre
ha
em
s
pt
the be
tria en
l co
by rr
fili ec
ng tly
a dis
mo ch
tio ar
n ge
to d
qu by
ash th
on e
the pr
gro os
un ec
d ut
of or
ins is
uffi a
cie m
ncy att
 er to
tha ex
t a
the mi
tria ne
l an
cou d
rt as
itse se
lf ss
do su
esn ch
't ev
an id
d en
ma ce
y su
not b
pas mi
s tte
up d
on by
th
IS THE e
FINDING pa
OF A rti
JUDGE es
THAT be
PROBABLE for
CAUSE e
EXISTS
tri
FOR THE
al
PURPOSE
OF an
ISSUING A d
WARRANT on
OF ARREST th
SUBJECT e
TO ba
JUDICIAL sis
REVIEW? th
No, er
tha eo
t f
wo an
uld d
be to
tan m
ta ak
mo e
unt a
to co
ask nc
ing lus
the io
cou n
rt as
to
 wh bl
eth e
er ca
or us
not e
it for
su th
ffic e
es iss
to ua
est nc
abli e
sh of
the a
gui wa
lt rra
of nt
the of
acc arr
use es
d t
Its
WHAT IS A purpose
PRELIMINAR is to
Y determi
EXAMINATI ne—
ON? WHAT o
IS ITS
PURPOSE? T
A h
pre e
limi
nar f
y a
ex c
am t
ina
o
tio f
n is
a c
pro o
cee m
din m
g i
for s
s
the
i
pur o
pos n
e
of o
det f
er
mi a
nin
c
g
r
pro i
ba m
 e e
o T d
h
e t
h
p e
r
o c
b r
a i
b m
i e
l
i
t WHAT
y ARE THE
DIFFEREN
t CES
h BETWEEN
a A
t PRELIMIN
ARY
t INVESTIG
h ATION
e AND
PRELIMIN
p
ARY
e
EXAMINAT
r
s ION?
o
n PRELIMINARY INVESIGATIO
Executive function
s May be done by a prosecutor, P
o or a COMELEC official
u
May not be done ex parte
g
h
t WHAT IS
THE
t REMEDY
o OF THE
COMPLAIN
b ANT IF
e THE
SECRETAR
a Y OF
r JUSTICE
r DOESN'T
e ALLOW
s THE
t FILING OF
e A
d CRIMINAL
COMPLAIN
c
T
o
m AGAINST
m THE
i ACCUSED
t BECAUSE
t OF
INSUFFICIE
NCY OF
EVIDENCE?
Th
e
WHAT ARE
co THE
mp REMEDIES
lain OF A PARTY
ant AGAINST
can WHOM A
file WARRANT
a OF ARREST
civi HAS BEEN
l ISSUED?
act A party
ion against
for whom a
da warrant of
ma arrest has
ges been
ag issued
ain may
st 1. P
the o
off s
en t
der b
a
bas
il
ed
2. A
on
s
Arti
k
cle f
35 o
of r
the r
CC e
Would i
require n
only a v
preponde e
rance of s
evidence ti
g
a
ti
o
n
3. F
il
e
a
m
o
ti
o
n
t
o
 q i
u o
as r
h a
in r
fo i
r )
m
at *
io C
n
o
4. Fil
d
e
e
a
:
p
et
P
iti
o A
n M
fo P
r I
re
vi IF THE JUDGE
e DIDN'T ISSUE
w A WARRANT
5. If FOR THE
d ARREST OF
e THE
ni ACCUSED
e DURING THE
d, PRELIMINAR
h Y
e INVESTIGATI
m ON, WHAT IS
a THE REMEDY
y OF THE
a PROSECUTO
p R IF HE
p BELIEVES
e THAT THE
al ACCUSED
th SHOULD BE
e IMMEDIATEL
ju Y PLACED
d UNDER
g CUSTODY?
m The
e prose
nt cutor
af shoul
te d file
r the
tri infor
al
matio
(n
n in
o
c court,
e so
r that
t the
 RTC h
may i
issue n
the t
warra e
nt of n
arrest (
He 1
0
should
)
not
d
file for
a
mand y
amus s
—this fr
would o
take m
two t
years h
to e
resolv fi
e li
n
WHAT IS A g
WARRANT OF o
ARREST? f
Legal t
proces h
s e
issued c
by a o
compe m
p
tent
l
author
a
ity,
i
directi n
ng the t
arrest o
of a r
person i
or n
person f
s upon o
groun r
ds m
stated a
therei ti
n o
n
WHEN MAY A ,
WARRANT OF t
ARREST BE h
ISSUED? e
If issued j
by the u
RTC, d
1. W g
it e
 sh e
all l
p y
er d
so is
n m
all is
y s
e t
v h
al e
u c
at a
e s
th e
e if
re t
so h
lu e
ti e
o v
n i
of d
th e
e n
pr c
os e
ec o
ut n
or r
a e
n c
d o
it r
s d
su c
p l
p e
or a
ti rl
n y
g f
e a
vi il
d s
e t
nc o
e. e
2. H s
e t
m a
a b
y li
i s
m h
m p
e r
di o
at b
 a a
bl lr
e e
ca a
us d
e. y
3. If b
h e
e e
fi n
n a
ds r
pr r
o e
b s
a t
bl e
e d
ca p
us u
e, r
h s
e u
sh a
all n
is t
su t
e o
a a
w w
ar a
ra r
nt r
of a
ar n
re t
st is
, s
or u
a e
co d
m b
m y
it t
m h
e e
nt M
or T
d C
er j
if u
th d
e g
ac e
cu w
se h
d o
h c
as o
n o
d f
uc t
te h
d is
th R
e u
pr l
eli e
m .
in o
ar Pa
y ng
in ay
v v.
es Ga
ti na
y
g
mo
at
difi
io ed
n thi
or s
w rul
h e
e by
n pro
th vid
e ing
co tha
m t
pl investig
ai ating
nt judges’
or power
in to
fo order
r the
m arrest
at of the
io accuse
n d is
w limited
as to
fil instanc
e es
d where
p there is
ur necessi
su ty for
a placing
nt him in
to custody
se in order
ct not to
io frustrat
n e the
7 ends of
justice
BY: MA. ANGELA LEONOR C.
AGUINALDO ATENEO LAW 2D 2010
 CRIMINAL PROCEDURE NOTES
Page 32 of 120

4. In case of doubt on the existence of probable cause, the information may be filed by a prosecutor without need of such
judge may order the prosecutor to present additional investigation provided an inquest has been conducted in
evidence within five (5) days from notice and the issue accordance with existing rules. In the absence or unavailability
must be resolved by the court within thirty (30) days from of an inquest prosecutor, the complaint may be filed by the
the filing of the complaint of information. offended party or a peace officer directly with the proper court
5. If the warrant of arrest is issued by the MTC and if the on the basis of the affidavit of the offended party or arresting
preliminary investigation was conducted by the officer or person.
prosecutor, the same procedure as above is followed
Before the complaint or information is filed, the person
WHEN IS A WARRANT OF ARREST NOT NECESSARY? arrested may ask for a preliminary investigation in accordance
A warrant of arrest is not necessary in the following with this Rule, but he must sign a waiver of the provision of
instances: 1. When the accused is already in detention Article 125 of the Revised Penal Code, as amended, in the
issued by the MTC presence of his counsel. Notwithstanding the waiver, he may
apply for bail and the
2. When the accused was arrested by virtue of a lawful arrest investigation must be terminated within fifteen (15) days from its
without warrant inception.
3. When the penalty is of a fine only
4. Those covered by a summary procedure After the filing of the complaint or information in court without
a preliminary investigation, the accused may, within five (5)
WHEN IS A JOHN DOE WARRANT VALID? ARE THEY VALID? days from the time he learns of its filing, ask for a preliminary
A John Doe warrant is a warrant for the apprehension of a investigation with the same right to adduce evidence in his
person whose true name is unknown defense as provided in this Rule.
Generally, this kind of warrants are void because the violate
the constitutional provision which requires that warrants of HOW SHOULD THE COMPLAINT OR INFORMATION BE FILED
arrests should particularly describe the person or persons to WHEN THE ACCUSED IS LAWFULLY ARRESTED WITHOUT
be arrested WARRANT?
But if there is sufficient description to identify the person to The complaint or information may be filed by the prosecutor
be arrested, the warrant is valid without need of preliminary investigation provided an inquest
proceeding has been conducted in accordance with existing
WHAT ARE THE PRINCIPLES GOVERNING THE FINDING OF rules
PROBABLE CAUSE FOR THE ISSUANCE OF A WARRANT OF In the absence of an inquest prosecutor, the offended party
ARREST? may file the complaint directly in court on the basis of the
There is a distinction between the objective of determining affidavit of the offended party or police officer
probable cause as done by the prosecutor and that done by
the judge—the prosecutor determines it for the purpose of WHAT IS THE REMEDY OF THE PERSON ARRESTED WITHOUT
filing the complaint or information; while the judge WARRANT IF HE WANTS A PRELIMINARY INVESTIGATION?
determines it for the purpose of issuing a warrant of arrest to (ANGEL: SHOULD BE INQUEST PROCEEDING)
determine whether there is a necessity of placing the accused Before the complaint or information is filed, he may ask for a
under immediate custody in order not to frustrate the ends of preliminary investigation provided he signs a waiver of his
justice rights
Since the objectives are different, the judge shouldn't rely under Article 125 of the RPC (Delay in the Delivery to Judicial
solely on the report of the prosecutor in finding probable Authorities) in the presence of counsel
cause to justify the issuance of warrant of arrest o He may still apply for bail in spite of the waiver
o The investigation must be terminated within 15 days
He must decide independently and must have supporting
After the complaint was filed but before arraignment, the
evidence other than the prosecutor’s bare report
accused may within 5 days from the time he learns of the
filing, ask for a preliminary investigation
Sec. 7. When accused lawfully arrested without warrant. –
When a person is lawfully arrested without a warrant involving
an offense which requires a preliminary investigation, the WHAT IS AN INQUEST?
complaint or
BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 33 of 120

purp
ose
of
An deter
inque minin
st is g
an WHE
infor THER
mal SAID
and PERS
sum ONS
mary SHO
inves ULD
tigati REMA
on IN
cond UND
ucted ER
by CUST
the ODY
publi AND
c CORR
prose ESPO
cutor NDIN
in a GLY
crimi CHAR
nal GED
case IN
invol COU
ving RT
perso
ns WHAT ARE
ARRE THE
GUIDELINES
STED
TO
AND
SAFEGUARD
DETA THE RIGHTS
INED OF AN
WITH ACCUSED
OUT WHO HAS
THE BEEN
BENE ARRESTED
FIT WITHOUT A
OF A WARRANT?
WAR The
RANT arres
OF ting
ARRE office
ST r
issue must
d by bring
the the
court arres
for tee
the befor
 e the expla
inque ined
st to
fiscal the
to arres
deter tee
mine by
whet his
her coun
the sel in
the
perso
langu
n
age
shoul
or
d diale
rema ct
in in know
custo n to
dy the
and arres
charg tee
ed in 3. Signe
court d or
or if thum
he bmar
shoul ked
d be by
relea the
sed respo
for nden
lack t
of 4. It
shoul
evide
d
nce
expla
or for
in the
furth caus
er es on
inves dete
tigati ntion
on 5. It
shoul
WHAT d
SHOULD BE inclu
IN A de
CUSTODIAL the
INVESTIGATI reco
ON REPORT? mme
1. It ndati
shall on
be in and
writin its
g corre
2. Shoul spon
d be ding
read supp
and ort
adeq and
uatel basis
y
It e
s n
h a
al w
l a
b rr
e a
n n
ul t
l of
a a
n rr
d e
v st
oi w
d a
a s
b is
s s
e u
n e
t d
a
n Sec. 8.
y Records. –
of (a) Records
t supporting
h the
e information
r or
e complaint. –
q An
information
ui
or complaint
si
filed in court
t
shall be
e supported
s by the
m affidavits
e and counter-
n affidavits of
ti the parties
o and their
n witnesses,
e together
d with the
N other
o supporting
t evidence
a and the
p resolution
pl on the case.
ic
a (b) Record
bl of
preliminary
e
investigatio
w
n. – The
h
record of the Summary
preliminary Procedure. –
investigatio (a) If filed
n, whether with the
conducted
by a judge
or a
prosecutor,
shall not
form part of
the record of
the case.
However,
the court, on
its own
initiative or
on motion of
any party,
may order
the
production
of the record
or any of its
part when
necessary in
the
resolution of
the case or
any incident
therein, or
when it is to
be
introduced
as an
evidence in
the case by
the
requesting
party.

NOTE: The
record of the
PI doesn't
form part of
the RTC
records unless
introduced as
evidence
during the
trial

Sec. 9.
Cases not
requiring a
preliminary
investigatio
n nor
covered by
the Rule on
 offense
covered by
this section,
the
prosecutor. –
procedure in
If the
section 3 (a)
complaint is
of this Rule
filed directly
shall be
with the
observed. If
prosecutor
within ten
involving an
(10) days
offense
after the
punishable
filing of the
by
complaint or
imprisonmen
information,
t of less
the judge
than four
finds no
(4) years,
probable
two (2)
cause after
months and
personally
one (1) day,
evaluating
the
the
procedure
evidence, or
outlined in
after
section 3(a)
personally
of this Rule
examining in
shall be
writing and
observed.
under oath
The
the
prosecutor
complainant
shall act on
and his
the
witnesses in
complaint
the form of
based on the
searching
affidavits
questions
and other
and
supporting
answers, he
documents
shall dismiss
submitted
the same.
by the
He may,
complainant
however,
within ten
require the
(10) days
submission
from its
of additional
filing.
evidence,
within ten
(b) If filed
(10) days
with the
from notice,
Municipal
to determine
Trial Court. –
further the
If the
existence of
complaint or
probable
information
cause. If the
is filed with
judge still
the
finds no
Municipal
probable
Trial Court
cause
or Municipal
despite the
Circuit Trial
additional
Court for an
evidence, he , the
shall, within prose
ten (10) cutor
days from shall
its act
submission on
or expiration the
of said comp
period, laint
dismiss the
base
case. When
d on
he finds
probable the
cause, he affida
shall issue a vits
warrant of and
arrest, or a other
commitment supp
order if the ortin
accused had g
already been docu
arrested, ment
and hold him s
for trial. subm
However, if itted
the judge is by
satisfied the
that there is comp
no necessity laina
for placing nt
the accused
WITH
under
IN 10
custody, he
DAYS
may issue
summons FRO
instead of a M ITS
warrant of FILIN
arrest. G
If the
WHAT IS comp
THE laint
PROCEDURE is
IN CASES filed
NOT with
REQUIRING the
A MTC,
PRELIMINAR and
Y withi
INVESTIGATI n 10
ON? days
If the from
comp the
laint filing
is of
filed the
with comp
the laint
prose or
cutor infor
 matio HE
n, SHAL
the L
judge DISMI
FIND SS
S NO THE
PROB COM
ABLE PLAI
CAUS NT
E OR
after INFO
perso RMAT
nally ION
exam He
ining may
the requi
evide re
nce the
in subm
writin ission
g and or
unde additi
r onal
oath evide
of nce,
the WITH
comp IN 10
laina DAYS
nt FRO
and M
his NOTI
witne CE. If
sses he
in still
the finds
form no
of prob
searc able
hing caue,
quest he
ions shall
and dismi
answ ss
ers, the
case.

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 34 of 120

for
pl
ac
IF in
HE g
FIN th
DS e
PR ac
OB cu
AB se
LE d
CA un
US de
E, r
he cu
sha st
ll od
iss y,
ue he
a m
wa ay
rra IS
nt SU
of E
arr SU
est M
or M
co O
m NS
mit IN
me ST
nt EA
ord D
er
an NOTA
d BENE:
Distincti
hol
on
d
between
hi
the
m
control
for
of the
tria
court
l. If
and the
he
prosecut
thi
or
nks
If
the
th
re
e
is
ca
no
se
nec
ha
ess
s
ity
be m
en ak
file e
d an
in d
cou thi
rt, s
TH wo
E ul
SE d
CR ca
ET us
AR e
Y e
OF m
JUS ba
TIC rra
E ss
IS m
AD en
MO t
NIS to
HE hi
D m.
not Th
to e
ent co
ert urt
ain ac
an qu
y ire
pet s
itio ab
n sol
for ut
rev e
iew co
. ntr
Th ol
e up
cou on
rt th
ma e
y fili
ign ng
ore of
or th
de e
ny ca
an se
y (re
dec vi
isio ew
n fro
he m
wo th
uld e
 pas y
t in
lec or
tur de
es) r
th
DISTINCTION at
PRELIMINARY INVESTIGATIONhe
m
INQUEST PROCEEDING ay
Accused already under detention.be
bo
un
To request for an inquest, the
d
accused must sign a waiver of
to
Article 125 of the RPC
an
sw
The DOJ guidelines applicable when
er
accused has been validly arrested
for
without a warrant of arrest. th
e
RULE 113 - co
ARREST m
mi
Section 1. ssi
Definition on
of arrest. – of
Arrest is th
the taking e
of a
off
person
en
into
se
custody in
order that
he may be IS THERE
bound to HOUSE
answer for ARREST IN
the OUR
commissio JURISDICTI
n of an ON?
offense. Ye
s.
WHAT IS Un
ARREST? de
Arr r
est Ar
is tic
the le
tak 88
ing of
of th
a e
per RP
son C,
int w
o he
cus n
tod th
ere
are
off
ens WHAT IS THE
es ISSUE
pu REGARDING
nis ERAP? WHY
ha DID HE
ble APPLY AND
wit WAS
h GRANTED
arr HOUSE
est ARREST?
o E
ma r
yor a
, p
on
e f
can i
be r
giv s
en t
ho
use f
arr i
est l
un e
der d
cer
tai a
n
con p
diti e
ons t
. i
t
i
o
n

f
o
r

b
a
i
l

b
u
t

w
a
s
 stanc
d es of
e his
n perso
i n and
e medic
d al
reaso
P ns
l
u Sec. 2.
n Arrest; how
d made. – An
e arrest is
r made by an
actual
restraint of a
i
person to be
s
arrested, or
by his
a submission
to the
n custody of
o the person
n making the
- arrest.
b
a No violence
i or
l unnecessary
a force shall
b be used in
l making an
e arrest. The
person
o arrested
f shall not be
f subject to a
e greater
restraint
n
than is
s
necessary
e
for his
detention.
The bail
being HOW ARREST
denied, the IS MADE?
natural An
consequen arrest
ce is is
detention made
He by an
applie actua
d for l
house
restra
arrest
int of
given
the
the
perso
circum
 n to the nearest
be police
arrest station or jail
ed or without
by his unnecessary
submi delay.
ssion
to the WHAT IS THE
custod DUTY OF THE
y of ARRESTING
the OFFICER
WHO
person
ARRESTS A
makin
PERSON?
g the
He
arrest
must
delive
WHAT DOES
r the
IT MEAN
WHEN perso
JURISPRUDEN n
CE SAYS imme
THAT THE diatel
OFFICER IN y to
MAKING THE the
ARREST, neare
MUST st jail
“STAND HIS or
GROUND”? police
It statio
means n
that
the WHY
officer SHOULD HE
may DELIVER?
use WHAT IS THE
such EVIL SOUGHT
force TO BE
as is AVOIDED?
reason This
ably is to
neces avoid
sary situat
to ions
effect when
the the
arrest office
r will
Sec. 3. Duty hold
of arresting the
officer. – It law in
shall be the his
duty of the own
officer hands
executing the
warrant to Sec. 4.
arrest the Execution of
accused and warrant. –
deliver him to The head of
the office to within ten
whom the (10) days
warrant of from its
arrest was receipt.
delivered for Within ten
execution (10) days
shall cause after the
the warrant expiration of
to be the period,
executed the officer

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 35 of 120

m
the
warra
to whom it nt
was was
assigned for deliv
execution ered
shall make a must
report to the caus
judge who e it
issued the to be
warrant. In exec
case of his uted
failure to withi
execute the n 10
warrant, he days
shall state from
the reason its
therefore. recei
pt,
WITHIN
and
WHAT
the
PERIOD
office
MUST A
WARRANT r to
OF ARREST who
BE SERVED? m it
There is is
no assig
limitation ned
of period must
A make
warra a
nt of repor
arres t to
t is the
valid judge
until who
the issue
arres d the
t is warra
effect nt
ed or withi
the n 10
warra days
nt from
lifted the
The expir
head ation
of of
the the
office perio
to d. If
who he
 fails
to
exec
ute nearest
it, he police
shoul station or
d jail and shall
state be
the proceeded
reaso against in
ns accordance
there with section
fore. 7 of Rule
112.
WHAT IS
THE WHEN IS AN
LIFETIME OF ARREST
A WARRANT WITHOUT
OF ARREST? WARRANT
A LAWFUL?
warr A peace
ant officer or
of private
arre person
st may
rem arrest
ains without
vali warrant:
d 1. W
until h
e
the
n
arre
,
st is
i
effe n
cted
or h
the i
warr s
ant p
lifte r
d. e
s
TO VALIDLY e
EFFECT n
ARREST, c
MUST THE e
PEACE ,
OFFICER t
HAVE IN HIS h
POSSESSION e
THE p
WARRANT e
OF ARREST? r
s
o
n
t g
o
b t
e o
a c
r o
r m
e m
s i
t t
e a
d n

h o
a f
s f
c e
o n
m s
m e
i ;
t 2. W
t h
e e
d n
,
i a
s n
a
c o
t f
u f
a e
ll n
y s
c e
o h
m a
m s
i j
t u
t s
i t
n b
g e
, e
o n
r
i c
s o
a m
t m
t i
e t
m t
p e
t d
i
n a
n c
d t
s
h o
e r
h c
a i
s r
p c
r u
o m
b s
a t
b a
l n
e c
c e
a s
u t
s h
e a
t t
o t
b h
e e
li p
e e
v r
e s
b o
a n
s
e t
d o
b
o e
n a
r
p r
e e
r s
s t
o e
n d
a
l h
k a
n s
o c
w o
l m
e m
d i
g t
e t
o e
f d
f i
a t
 ; o
a m
n
d a
p
3. W e
h n
e a
n l
e
t s
h t
e a
p b
e li
r s
s h
o m
n e
n
t t
o o
b r
e p
a l
r a
r c
e e
s w
t h
e e
d r
i e
s h
a e
p i
r s
i s
s e
o r
n v
e i
r n
w g
h
o fi
h n
a a
s l
e j
s u
c d
a g
p m
e e
d n
t
f o
r r
i b
s e
t i
e n
m g
p
o t
r r
a a
r n
il s
y f
c e
o r
n r
f e
i d
n
e f
d r
o
w m
h
il o
e n
h e
i c
s o
c n
a fi
s n
e e
i m
s e
p n
e t
n t
d o
i a
n n
g o
, t
o h
r e
h r
a .
s 4. I
e n
s
c h
a o
p t
e p
d u
r
w s
h u
il i
e t
 JUST
A POLICE COMMITTED
OFFICER AN
WAS OFFENSE.
CHASING A THE PERSON
PERSON WENT
WHO HAD INSIDE A
HOUSE,
Police officers may effect arrest
without the warrant in their SO THE
POLICE OFFICER FOLLOWED.
INSIDE THE HOUSE, THE
poss based on
essi personal
on knowledge
at of facts or
the circumstanc
time es that the
of person to be
the arrested has
arre committed
st it; and

Sec. 5. (c) When the

Arrest person to be
without arrested is a
warrant; prisoner
when lawful. who has
– A peace escaped
officer or a from a penal
private establishme
person may, nt or place
without a where he is
warrant, serving final
arrest a judgment or
person: is
temporarily
(a) When, in confined
his while his
presence, case is
the person pending, or
to be has escaped
arrested has while being
committed, transferred
is actually from one
committing, confinement
or is to another.
attempting
to commit In cases
an offense; falling under
paragraphs
(b) When an (a) and (b)
offense has above, the
just been person
committed arrested
and he has without a
probable warrant
cause to shall be
believe forthwith
delivered to POLICE
the OFFICER
SAW DRUGS
LYING
AROUND.
CAN HE
CONFISCATE
THE DRUGS
AND USE
THEM AS
EVIDENCE?
Yes.
The
plai
n
view
doct
rine
is
appl
icabl
e to
this
case
bec
aus
e
ther
e
was
a
vali
d
prior
intru
sion.
The
polic
e
offic
er
inad
vert
entl
y
disc
over
ed
the
evid
enc
e,
he
had
a
right
to
 be can
ther not
e, use
and the
the m
evid as
enc evid
e enc
was e
imm bec
edia aus
tely e
app the
aren seiz
t. ure
can
WHAT IF THE not
OFFICER be
MERELY justi
PEEKS fied
THROUGH und
THE er
WINDOW OF the
THE HOUSE plai
AND SEES n
THE DRUGS, view
CAN HE doct
CONFISCATE rine,
THEM AND
ther
USE THEM
e
AS
bein
EVIDENCE?
g no
He
prev
can
ious
con
vali
fisca
d
te
intru
the
sion.
m,
with
WHAT IS
out
THE EFFECT
prej IF A
udic WARRANTLE
e SS AREEST
thou IS ILLEGAL?
gh It
to does
his n't
liabil rend
ity er
for void
viol all
atio other
n of proce
dom eding
icile. s,
He inclu
 ding right
those to
leadi convi
ng to ct
the the
convi guilty
ction when
of all
the the
accus facts
ed of
nor recor
can d
the point
state to his
depri culpa
ved bility
of its

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 36 of 120

to so inform
him, or when
the giving of
such
Sec. 6. Time
information
of making
will imperil
arrest. – An
the arrest.
arrest may
The officer
be made on
need not
any day and
have the
at any time
warrant in
of the day or
his
night.
possession
at the time
WHEN
of the arrest
SHOULD AN
but after the
ARREST BE
arrest, if the
MADE? person
It can be arrested so
made on requires, the
any day warrant
or any shall be
time of shown to
the day him as soon
and night as
practicable.
Sec. 7.
Method of Sec. 8.
arrest by Method of
officer by arrest by
virtue of officer
warrant. without
– When warrant. –
making an When
arrest by making an
virtue of a arrest
warrant, the without a
officer shall warrant, the
inform the officer shall
person to be inform the
arrested of person to be
the cause of arrested of
the arrest his authority
and the fact and the
that a cause of the
warrant has arrest,
been issued unless the
for his latter is
arrest, either
except when engaged in
he flees or the
forcibly commission
resists of an
before the offense, is
officer has pursued
opportunity immediately
after its
commission, Sec. 9.
has escaped, Method of
flees, or arrest by
forcibly private
resists person. –
before the When
officer has making an
opportunity arrest, a
to so inform private
him, or person shall
when the inform the
giving of person to be
such arrested of
information the intention
will imperil to arrest him
the arrest. and the case
of the
CAN AN arrest,
OFFICER unless the
ARREST A latter is
PERSON either
AGAINST engaged in
WHOM A the
WARRANT commission
HAS BEEN of an
ISSUED offense, is
EVEN IF HE pursued
DOESN'T immediately
HAVE THE after its
WARRANT commission,
WITH HIM? or has
Yes, escaped,
but flees, or
after forcibly
the resists
arres before the
t, if person
the making the
perso arrest has
n opportunity
arres to so inform
ted him, or when
requi the giving of
such
res,
information
the
will imperil
warra
the arrest.
nt
must
Sec. 10.
be
Officer may
show
summon
n to assistance. –
him An officer
as making a
soon lawful arrest
as may orally
possi summon as
ble. many
persons as
he deems
necessary to
assist him in
effecting the
Sec. 11.
arrest. Every
Right of
person so
officer to
summoned
break into
by an officer
building or
shall assist
enclosure. –
him in
An officer, in
effecting the
order to
arrest when
make an
he can
arrest either
render such
by virtue of
assistance
a warrant, or
without
without a
detriment to
warrant as
himself.
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.

Sec. 12.
Right to
break out
from
building or
enclosure. –
Whenever
an officer
has entered
the building
or enclosure
in
accordance
with the
preceding
section, he
may break
out
therefrom
when Bar shall, at
necessary to the request
liberate of the
himself. person
arrested or
WHAT of another
AUTHORITY acting in his
DOES AN behalf, have
ARRESTING the right to
OFFICER visit and
HAVE? confer
1. Sum privately
mon with such
assist person in
ance the jail or
2. Brea any other
k into place of
the custody at
buildi any hour of
ng or the day or
enclo night.
sure Subject to
3. Brea reasonable
k out regulations,
of a relative of
the the person
buildi arrested can
ng also exercise
the same
Sec. 13. right.
Arrest after
escape or NOTE: Under
rescue. – If a RA7438, any
person person
lawfully arrested or
arrested detained or
escapes or is under
rescued, any custodial
person may investigation
immediately shall be
pursue or allowed visits
retake him by or
without a conferences
warrant at with any
any time member of his
and in any immediate
place within family, or any
the medical
Philippines. doctor, or
priest or any
Sec. 14. religious
Right of minister
attorney or chosen by him
relative to or by any
visit person member of his
arrested. – immediate
Any member family or by
of the his counsel, or
Philippine by any
national non- Immediate
governmental family shall
organization include—
duly spouse, fiancé
accredited by or fiancée,
the CHR or by parent or
any child, brother
international or sister,
non- grandparent
governmental or grandchild,
organization uncle or aunt,
accredited by nephew or
the Office of neice, and
the President. guardian or
ward.

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 37 of 120

the
law
3. Furni
shed
RULE 114 -
by
BAIL
him
or a
Section 1.
bond
Bail defined.
sman
– Bail is the
4. To
security
guar
given for the
antee
release of a his
person in appe
custody of aranc
the law, e
furnished by befor
him or a e any
bondsman, court
to guarantee as
his requi
appearance red
before any
court as WHEN IS
required THE RIGHT
under the TO BAIL
conditions AVAILABLE?
hereinafter
The
specified.
right
Bail may be
only
given in the
accru
form of
corporate es
surety, when
property a
bond, cash perso
deposit, or n is
recognizanc arres
e. ted
or
WHAT IS depri
BAIL? ved
1. It is of his
the libert
secur y
ity The
given right
2. For to
the bail
relea presu
se of ppos
a es
perso that
n in the
custo accus
dy of ed is
 unde 3. Cash
r bond
legal 4. Reco
custo gniza
dy nce
A
court WHAT IS
cann RECOGNIZA
ot NCE?
order 1. Oblig
provi ation
siona of
l recor
d
libert
2. Enter
y to
ed
one
befor
who e a
is court
then or
actua magi
lly in strat
the e
enjoy duly
ment auth
of his orize
libert d to
y take
The it
right 3. With
to the
bail condi
there tion
fore to do
presu some
ppos partic
es ular
that act
the 4. The
most
accus
usual
ed
condi
shoul tion
d be in
in crimi
custo nal
dy cases
being
WHAT ARE the
THE appe
DIFFERENT aranc
FORMS OF e
BAIL? of
1. Corp the
orate accus
suret ed
y for
2. Prop trial
erty NOTA BENE:
bond may be by the
accused
himself or of
another
person. An
Sec. 2.
example of
Conditions
this is when
of the bail;
Cory Aquino
requirement
took
s. – All kinds
recognizance
of bail are
of Jomar
subject to
Sison. Take
the
note also that
following
there are
conditions:
instances
(a) The
when there is
undertaking
pending
shall be
application for
effective
probation, one
upon
applies for
approval,
recognizance.
and unless
cancelled,
WHAT IS
shall remain
THE
in force at
CONSTITUTI
all stages of
ONAL BASIS
the case
OF THE
until
RIGHT TO
promulgatio
BAIL?
n of the
Presumpti judgment of
on of the Regional
innocenc Trial Court,
e 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 ction,
waiver of his that
right to be the
present defen
thereat. In dant
such case, shall
the trial may answ
proceed in er
absentia; the
and comp
laint
(d) The or
bondsman infor
shall matio
surrender n in
the accused the
to the court court
for in
execution of whic
the final h it is
judgment. filed
or to
The original whic
papers shall h it
state the full may
name and be
address of trans
the accused, ferre
the amount d for
of the trial
undertaking 2. After
and the convi
conditions ction,
required by that
this section. he
Photographs will
(passport surre
size) taken nder
within the hims
last six (6) elf in
months exec
showing the ution
face, left of
and right the
profiles of judg
the accused ment
must be that
attached to the
the bail. appel
late
WHAT ARE court
THE may
CONDITIONS rend
OF THE er
BAIL? 3. That
1. If in
befor case
e the
convi caus
e is
 rema in
nded grant
for ing
new bail
trial, wher
he e the
will likeli
appe hood
ar in
of
court
the
to
whic accus
h it ed
may jumpi
be ng
rema bail
nded or of
and com
subm mitti
it ng
hims other
elf to harm
the to
order the
s and citize
proce nry is
sses feare
there d.
of
The
*For failure to
court
perform any
even
of these
conditions, has
the bond the
given as powe
security r to
thereof may prohi
be forfeited. bit a
perso
CAN THE n
COURT admi
IMPOSE tted
OTHER to
CONDITIONS bail
OR from
LIMITATIONS leavi
ON THE ng
BAIL? the
Yes, Phiip
the pines
trial or
court restri
may ct his
impo right
se to
other trave
condi l
tions
BY: MA. ANGELA LEONOR C.
AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 38 of 120

ca
se
Ba
il
DOES AN w
ADDITION ou
AL ld
CONDITIO sti
N NOT ll
VIOLATE be
THE de
PROHIBITI te
ON ON r
EXCESSIVE mi
BAIL? ne
No d
be ba
ca se
us d
e on
the th
det e
er fol
mi lo
nat wi
ion
ng
if
fa
the
ct
re
or
is
s--
exc
fin
ess
an
ive
ci
bai
al
l
lia
wo
uld bil
de ity
pe of
nd th
on e
the ac
fac cu
ts se
an d
d to
cir gi
cu ve
ms ba
tan il;
ces na
of tu
ea re
ch an
d ag
cir ai
cu ns
ms t
tan th
ce e
of ac
the cu
off se
en d;
se; pr
pe ob
nal ab
ty ilit
for y
the of
off th
en e
se ac
ch cu
arg se
ed; d
ch ap
ara pe
cte ari
r ng
an at
d th
rep e
uta tri
tio al;
n fo
of rf
the eit
acc ur
us e
ed; of
ag ot
e he
an r
d ba
he il;
alt th
h e
of fa
the ct
acc th
us at
ed; th
wei e
ght ac
of cu
the se
evi d
de w
nc as
e a
 fug
itiv ARTICLE 3,
e SECTION 13
fro OF THE
m CONSTITUT
jus ION:
tic
e
All persons,
wh
except those
en
charged with
arr offenses
est punishable
ed; by
an reclusion
d perpetua
pe when
nd evidence of
en guilt is
cy strong, shall,
of before
oth conviction,
er be bailable
cas by sufficient
es sureties, or
wh be released
ere on
the recognizance
acc as may be
us provided by
ed law. The
is right to bail
on shall not
bai be impaired
l. even when
the
Sec. 3. No privilege of
release or the writ of
transfer habeas
except on corpus is
court suspended.
order or Excessive
bail. – No bail shall
person not be
under required.
detention
by legal
process Sec. 4.
shall be Bail, a
released matter of
or right;
transferre exception
d except . – All
upon order persons
of the in custody
court or shall be
when he is admitted
admitted to bail as
to bail. a matter
of right, e,
with be
sufficient fo
sureties, re
or co
released nv
on ict
recognizan io
ce as n
prescribed of
by law or
an
this Rule
y
(a) before
cri
or after
conviction mi
by the na
Metropolit l
an Trial off
Court, en
Municipal se
Trial an
Court, y
Municipal pe
Trial Court rs
in Cities, on
or sh
Municipal all
Circuit be
Trial ba
Court, and ila
(b) before bl
conviction e,
by the ex
Regional ce
Trial court
pt
of an
w
offense
he
not
punishable n
by death, su
reclusion ch
perpetua, pe
or life rs
imprisonm on
ent. is
ch
WHAT IS ar
THE ge
GENERAL d
RULE wi
REGARDING th
THE RIGHT a
TO BAIL? ca
As pit
a al
ge off
ner en
al se
rul an
d
the
evi
de guara
nc ntee
e of the
of Bill of
gui Right
lt s, and
is this
str right
on he
g retain
Fro s
m unles
the s and
mo until
me he is
nt charg
a ed
with a
per
capita
so
l
n is
offens
un e and
der evide
cus nce of
tod guilt
y, is
un stron
der g
arr
est IS BAIL A
or MATTER OF
det RIGHT OR OF
ent DISCRETION?
ion WHEN IS IT
or EITHER?
res Bail is
trai either a
nt matter of
by right or of
the discretion
offi Upon
cer custo
s dy
of and
the prior
law to
, convi
he ction,
ca it is a
n MATT
clai ER OF
m RIGH
the T
when
the
 offens discretionary
e . – Upon
charge conviction by
d is the Regional
not Trial Court of
punish an offense
able not
by punishable
death, by death,
life reclusion
perpetua, or
impris
life
onmen
imprisonmen
t, or
t, admission
reclusi to bail is
on discretionary
perpet . The
ua application
Howev for bail may
er, be filed and
upon acted upon
convic by the trial
tion by court despite
the the filing of a
RTC of notice of
an appeal,
offens provided it
e not has not
punish transmitted
able the original
by record to the
death, appellate
life court.
However, if
impris
the decision
onmen
of the trial
t, or
court
reclusi
conviction
on the accused
perpet changed the
ua, nature of the
bail offense from
becom non-bailable
es a to bailable,
MATTE the
R OF application
DISCR for bail can
ETION only be filed
NOTA BENE: with and
When bail is a resolved by
matter of right, the appellate
the accused court.
may apply for
and be granted Should the
bail even prior court grant
to arraignment. the
application,
Sec. 5. Bail, the accused
when may be
allowed to similar
continue on circumstance
provisional s:
liberty during
the pendency (a) That
of the appeal he is a
under the recidivist,
same bail quasi-
subject to the recidivist, or
consent of habitual
the delinquent,
bondsman. or has
committed
If the penalty the crime
imposed by aggravated
the trial court by the
is circumstance
imprisonment of
exceeding six reiteration;
(6) years, the
accused shall (b) That
be denied he has
bail, or his previously
bail shall be escaped
cancelled from legal
upon a confinement,
showing by evaded
the sentence, or
prosecution, violated the
with notice to conditions of
the accuse, of his bail
the following without valid
or other justification;

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 39 of 120

IN THE RTC
FOR AN
OFFENSE
WITH LESS
(c) That
THAN 6
he
YEARS OF
committed
IMPRISONME
the offense
NT, IS BAIL A
while under
MATTER OF
probation,
RIGHT OR OF
parole, or
DISCRETION
conditional
?
pardon;
It is
matter of
(d) That
the discretion
circumstanc Bail
es of his after
case convi
indicate the ction
probability in the
of flight if RTC
released on for
bail; or an
offen
(e) That se
there is not
undue risk punis
that he may hable
commit by a
another capit
crime during al
the punis
pendency of hmen
the appeal. t is a
matt
The er of
appellate discr
court may, etion
motu
proprio or IF THE
on motion of ACCUSED IS
any party, CONVICTED
review the IN THE RTC
resolution of FOR AN
the Regional OFFENSE
Trial Court PUNISHABLE
after notice FROM 6 TO 8
to the YEARS, IS
adverse BAIL A
party in MATTER OF
either case. RIGHT OR OF
DISCRETION
IF THE ?
ACCUSED IS It is
CONVICTED neith
 er a the
matt accus
er of ed,
right with
nor a notic
matt e to
er of the
discr accus
etion. ed,
Why? upon
It showi
shoul ng of
d be the
follo
denie
wing
d due
circu
to
msta
the
nces:
high 1. T
flight h
risk. a
t
WHEN CAN h
THE e
PROSECUTIO i
N MOVE FOR s
THE a
CANCELLATI r
ON OR e
DENIAL OF c
BAIL OF THE i
ACCUSED? d
If the i
penalty v
imposed i
by the s
court is t
imprison ,
ment for q
more u
than a
6 yea s
rs, i
the -
prose r
cutio e
n c
may i
move d
for i
the v
denia i
l or s
canc t
ellati ,
on of o
the r
bail h
of a
b u
i m
t s
u t
a a
l n
d c
e e
li o
n f
q r
u e
e i
n t
t e
, r
o a
r t
h i
a o
s n
c ;
o 2. T
m h
m a
i t
t h
t e
e h
d a
s
t p
h r
e e
c v
r i
i o
m u
e s
a l
g y
g e
r s
a c
v a
a p
t e
e d
d
f
b r
y o
t m
h l
e e
c g
i a
r l
c c
o w
n i
f t
i h
n o
e u
m t
e v
n a
t li
, d
e j
v u
a s
d t
e i
d fi
c
s a
e t
n i
t o
e n
n ;
c 3. T
e h
, a
o t
r h
v e
i c
o o
l m
a m
t i
e t
d t
e
t d
h
e t
c h
o e
n o
d f
i f
t e
i n
o s
n e
s w
o h
f il
h e
i u
s n
b d
a e
il r
 p h
r i
o s
b c
a a
t s
i e
o i
n n
, d
p i
a c
r a
o t
l e
e t
, h
o e
r p
c r
o o
n b
d a
i b
t il
i i
o t
n y
a o
l f
p fl
a i
r g
d h
o t
n if
; r
4. T e
h l
a e
t a
t s
h e
e d
c
i o
r n
c
u b
m a
s il
t ;
a o
n r
c 5. T
e h
s a
o t
f t
h y
e o
r f
e t
i h
s e
u a
n p
d p
u e
e a
r l.
i
s
k
t
h
a
t
h
e
m
a
y
c
o
m
m
i
t
a
n
o
t
h
e
r
c
r
i
m
e
d
u
r
i
n
g

t
h
e
p
e
n
d
e
n
c
 of
the
com
missi
WHEN MAY on of
A PERSON the
BE NOT offen
ADMITTED se
TO BAIL? and
Whe at
n the the
evide time
nce of
of appli
guilt catio
is n for
stron bail
g, a
perso WHEN IS A
n BAIL
shall HEARING
not NECESSARY?
be The
admi prese
tted nt
to rules
bail if provi
charg de
ed that
with a bail
a heari
capit ng is
al mand
atory
offen
on
se, or
grant
when
ing
charg
bail,
ed
whet
with
her it
an
is a
offen
matt
se
er of
that
right
unde
or of
r the discr
law is etion
punis Even
hable in
with cases
reclu wher
sion e
perp there
etua is no
at petiti
the on
time for
 bail, , the
a evide
heari nce
ng that
shoul shoul
d still d be
be used
had by
It is the
incu court
mben is the
t evide
upon nce
the found
prose in the
cutio infor
n to matio
show n,
evide comp
nce laint
of or
guilt even
is the
stron recor
g. ds of
Even the
if case
there or
is preli
abse mina
nce ry
or inves
refus tigati
al, on
court cond
shall ucted
still
cond CAN THE
uct a COURT
heari MOTU
ng. PROPIO
GRANT BAIL
IF EVEN IF
PROSECUTO THERE IS NO
R REFUSES, APPLICATIO
WHAT N?
EVIDENCE No.
SHOULD BE
USED BY WHAT IS
THE COURT? REQUIRED
If the OF THE
prose JUDGE WHO
cutor DENIES AN
refus APPLICATIO
es to N FOR BAIL?
coop The
erate order
denyi uard
ng the
bail const
issue itutio
d by nal
the right
judge to
shoul presu
d mpti
conta on of
in a innoc
sum ence
mary
of IF THERE IS
the A
evide POSSIBILITY
nce THAT THE
prese ACCUSED
nted WOULD
and JUMP BAIL,
WHAT CAN
the
THE COURT
reaso
DO?
n for
1. Incre
the ase
denia the
l, amou
other nt of
wise, the
it bail
shall 2. Requi
be re
void perio
The dic
reaso repor
n is ts of
that the
there accus
is a ed to
need court
for 3. Warn
clear the
grou accus
nds ed
befor that
shoul
e a
d he
perso
jump
n can
bail,
be
the
denie trial
d his may
libert proce
y ed in
This abse
is to ntia
safeg
BY: MA. ANGELA LEONOR C.
AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 40 of 120

bail,
wher
e
shoul
WHAT IS d he
THE file
DOCTRINE his
OF appli
RESIDUAL catio
POWERS? n? If
They the
are recor
powe ds of
rs the
whic case
h the have
trial not
court been
retai trans
ns mitte
even d to
after the
the appel
perfe late
ction court
of , X
the can
appe file
al the
For appli
exam catio
ple: X n
was with
charg the
ed trial
and court
convi .
cted Howe
with ver,
a once
crime the
so he recor
filed ds
a have
notic been
e of trans
appe mitte
al. If d to
he the
want appel
s to late
put court
up , the
 trial HAS NOT
court BEEN
loses FORMALLY
his CHARGED IN
jurisd COURT?
iction Yes as
over long as
the the
bail accused
appli is under
catio custody
n. of the law

IS THE RULE CAN

ABSOLUTE? ANTONIO
No, if TRILLANES
the POST BAIL?
decis No,
ion of even
the if the
trial offen
court se is
upgr punis
aded hable
the with
offen priso
se n
from corre
non- ction
baila al,
ble to milita
baila ry
ble, men
the are
appli not
catio grant
n ed
shoul bail.
d be They
filed have
with acces
and s to
could arms
only whic
be h
resol make
ved them
by a
the dang
appel er to
late socie
court ty.
The
CAN AN equal
ACCUSED prote
POST BAIL ction
EVEN IF HE claus
 e is A
not capit
violat al
ed offen
since se is
they an
are offen
of a se
differ whic
ent h,
class unde
with r the
a law
subst existi
antial ng at
differ the
ence time
from of its
civilia com
ns. missi
See on
COMEND and
ADOR of
CASE the
appli
CAN BAIL BE catio
GRANTED IN n for
DEPORTATIO admi
N CASES? ssion
No, see to
PURUGGA bail,
NAN may
CASE be
punis
Sec. 6. hed
Capital by
offense deat
defined. – A h
capital
offense is an HOW IS THE
offense CAPITAL
which, under NATURE OF
the law AN OFFENSE
existing at DETERMINED
the time of ?
its The
commission capit
and of the al
application
natur
for
e of
admission to
the
bail, may be
punished offen
with death. se is
deter
WHAT IS A mine
CAPITAL d by
OFFENSE? the
penal
ty
presc
ribed What
by is to
law be
consi
dere
d is
prim
a
facie
evide
nce,
not
the
penal
ty
that
may
be
impo
sed
takin
g into
acco
unt
modif
ying
circu
msta
nces

Sec. 7.
Capital
offense or
an offense
punishable
by reclusion
perpetua or
life
imprisonmen
t, not
bailable. –
No person
charged
with a
capital
offense, or
an offense
punishable
by reclusion
perpetua or
life
imprisonmen
t, shall be
admitted to
bail when AFFIRMED
evidence of AND HIS
guilt is BAIL WAS
strong, CANCELLED.
regardless RP
of the state APPEALED
of the TO THIS
criminal DECISION
prosecution. AND PRAYED
TO BE
IN AN ALLOWED
INFORMATIO TO POST
N FILED BAIL FOR
BEFORE THE TEMPORARY
RTC, RP WAS LIBERTY. IS
CHARGED RP ENTITLED
WITH TO BAIL?
VIOLATION In
OF PD 1866 this
FOR ILLEGAL case,
POSSESSION appel
OF lant
FIREARMS was
PUNISHABLE convi
BY cted
RECLUSION of a
TEMPORAL crime
MAXIMUM
punis
TO
hable
RECLUSION
by
PERPETUA.
PENDING reclu
TRIAL, RP sion
WAS perp
RELEASED etua.
ON BAIL. He is
THEREAFTER there
, RP WAS fore
CONVICTED not
AS CHARGED entitl
AND METED ed to
AN bail
INDETERMIN as
ATE his
PENALTY OF convi
17 YEARS 4 ction
MONTHS clearl
AND 1 DAY y
OF impo
RECLUSION rts
TEMPORAL that
TO 21 YEARS
the
OF
evide
RECLUSION
nce
PERPETUA.
of
ON APPEAL,
RP’S guilt
CONVICTION is
WAS stron
g.
Furth acco
ermo mplis
re, a hing
sum the
mary purp
heari ose
ng for
for whic
his h a
bail sum
appli mary
catio heari
n for ng
the for
sole bail
purp appli
ose catio
of n is
deter desig
minin ned
g
whet Sec. 8.
her Burden of
or proof in bail
not application.
evide – At the
nce hearing of
is an
stron application
g is for bail filed
unne by a person
who is in
cessa
custody for
ry.
the
The commission
exten of an offense
sive punishable
trial by death,
befor reclusion
e the perpetua, or
lower life
court imprisonmen
and t, the
the prosecution
appe has the
al burden of
befor showing that
e evidence of
respo guilt is
nden strong. The
t evidence
court presented
are during the
more bail hearing
shall be
than
considered
suffic
automaticall
ient
y
in
reproduced or otherwise
at the trial unable to
but, upon testify.
motion of
either party, NOTA BENE:
the court The grant or
may recall denial of bail
any witness in capital
for offense hinges
additional on the
examination strength of
unless the the evidence
latter is of guilt. This
dead, requires that
outside the the trial court
Philippines, conduct

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 41 of 120

ON THE
APPLICATI
ON FOR
BAIL?
bail hearings
No,
wherein
the
both the
prosecution bur
and the den
defense are of
afforded pro
sufficient of is
opportunity upo
to present n
their the
respective pro
evidence. sec
The burden utio
of proof lies n to
with the sho
prosecution w
to show the that
evidence of the
guilt is evi
strong. But den
the ce
determinatio of
n of whether guil
the evidence t of
of guilt is acc
strong is a use
matter of d is
judicial stro
discretion. ng
Though not
absolute nor
WHAT ARE
beyond
THE
control, the
DUTIES OF
discretion of
THE TRIAL
the trial
JUDGE IN
court must
CASE AN
be sound
APPLICATI
and
ON FOR
exercised
BAIL IS
within
FILED?
reasonable
1. Notif
grounds.
y
the
MUST THE
pro
DEFENSE
sec
PRESENT
utor
ANY
of
EVIDENCE
the
DURING
hea
THE
ring
HEARING
or
 req the
uire acc
him use
to d
sub upo
mit n
a the
rec app
om rov
me al
nda of
tion the
2. Condu bail
ct a bon
heari d. If
ng evi
3. Decid den
e ce
wh of
eth guil
er t is
the stro
evi ng,
den the
ce peti
of tion
guil sho
t is uld
stro be
ng den
bas ied.
ed
on WHAT IS
the EVIDENT
su PROOF AND
mm PRESUMPTI
ary ON GREAT?
of
evi
den EVIDENT PROOF
ce Clear, strong evidence while lead
of well-grounded dispassio
the judgment to the conclusion that
pro offense has been committed a
sec charged, that the accused is the
utio
n guilty agent and that he will
4. If the probably be punished capitally if
guil law is administered
t of
the
Sec. 9.
acc
Amount of
use
bail;
d is
guidelines.
not
– The judge
stro
who issued
ng,
the
disc
warrant or
har
granted
ge
the
application
shall fix a
reasonable
amount of
(d) Characte
bail
r and
considerin
reputati
g primarily,
on of the
but not
accused;
limited to,
the
following (e) Age and
factors: health of
(a) Financial the
liability accused;
of the
accused (f) Weight
to give of the
bail; evidence
against
(b) Nature the
and accused;
circumst
ance of (g) Probabili
the ty of the
offense; accused
appearin
(c) Penalty g at the
for the trial;
offense
charged; (h) Forfeitur
e of
other
bail;

(i) The
fact that
the
accused
was a
fugitive
from
justice
when
arrested;
and

(j) Pendency
of other
cases
where
the
accused
is on bail.
Excessive
bail shall
not be
required.
WHAT accu
DETERMIN sed
ES IF BAIL to
IS give
EXCESSIVE bail;
OR NOT? IS 2. Nature
IT THE and
AMOUNT? circu
It msta
doe nce
sn't of
dep the
end offen
on se;
the 3. Penalt
am y for
oun the
t offen
but se
is char
dep ged;
end 4. Charac
ter
ent
and
on
reput
the
ation
circ of
um the
sta accu
nce sed;
s of 5. Age
the and
acc healt
use h of
d the
par accu
ticu sed;
larl 6. Weight
y of
his the
fina evide
nci nce
al again
cap st
acit the
y accu
sed;
WHAT ARE 7. Probab
THE ility
GUIDELINES of
IN SETTING the
THE accu
AMOUNT OF sed
BAIL? appe
1. Financi aring
al at
the
liabili
trial;
ty of
8. Forfeit
the
ure
 of ARTICLE 3,
other SECTION 19
bail; OF THE
9. The CONSTITUTI
fact ON:
tha
t 1. Excessive
the
fines shall not
acc
be imposed,
use
nor cruel,
d
wa degrading or
s a inhuman
fugi punishment
tive inflicted.
fro Neither shall
m death penalty
just be
ice imposed,
wh unless, for
en compelling
arr reasons
est involving
ed; heinous
and crimes, the
10. Pend Congress
ency hereafter
of provides for
other it. Any death
case penalty
s already
wher imposed
e the
accu shall be
sed reduced to
is on reclusion
bail. perpetua.

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 42 of 120

d
as
th
e
2. The
ju
employment
dg
of physical,
e
psychological
vi
, or
ol
degrading at
punishment es
against any
th
prisoner or
e
detainee or
co
the use of ns
substandard
tit
or
uti
inadequate
on
penal
al
facilities
rig
under
ht
subhuman
of
conditions
shall be dealt th
with by law. e
ac
cu
se
WHAT d
HAPPENS to
WHEN THE ba
JUDGE il
IMPOSES an
EXCESSIVE d
BAIL? its
Th pr
e oh
jud ibi
ge tio
ma n
y on
be ex
ad ce
mi ssi
nis ve
tra ba
tiv il
ely Th
sa e
nct ju
ion dg
ed e
an m
d ak
file
 es A
the p
rig p
ht e
a al
tea s
sin w
g it
illu hi
sio n
n 6
like 0
a d
mu a
nifi y
ce s
nt
be Sec. 10.
qu Corporate
est surety. –
in Any
a domestic
pa or foreign
up corporatio
er’ n,
s licensed
will as a
surety in
WHAT IS accordanc
THE e with law
REMEDY OF and
THE currently
ACCUSED IF authorize
HE IS d to act
DENIED as such,
BAIL? may
provide
He
bail by a
sh
bond
ou
subscribe
ld
d jointly
fil by the
e accused
a and an
sp officer of
ec the
ial corporatio
ci n duly
vil authorize
ac d by its
tio board of
n directors.
in
th CAN THE
e COURT
Co REFUSE
ur TO
t ACCEPT A
of CORPORA
TE SURETY o
AND vi
REQUIRE si
INSTEAD o
THE n
POSTING al
OF A CASH li
BOND? b
No e
, rt
th y
e o
tri nl
al y
co t
ur h
t r
m o
ay u
no g
t h
rej a
ec c
t a
ot s
he h
rw b
is o
e n
ac d
ce T
pt h
ab e
le p
su o
re st
tie in
s g
an of
d t
in h
sis e
t c
th a
at s
th h
e b
ac o
cu n
se d
d w
ob o
tai ul
n d
hi e
s n
pr t
ail c
a u
tr s
an e
sf d
er a
of s
as t
se o
ts h
int a
o v
th e
e t
po h
ss e
es e
si ff
on e
of ct
th of
e al
co t
ur o
t, g
an e
d t
its h
pr e
oc r
ur d
e e
m n
en yi
t n
co g
ul t
d h
w e
or a
k c
un c
tol u
d s
ha e
rd d’
sh s
ip c
on o
th n
e st
pa it
rt u
of ti
th o
e n
ac al
rig s
ht u
to r
ba e
il. ty
O o
n r
th p
e r
ot o
he p
r e
ha rt
nd y
, a b
su o
re n
ty d
bo d
nd o
m e
ay s
be n'
ob t
tai r
ne e
d q
by ui
th r
e e
ac a
cu n
se a
d ct
by u
th al
e fi
pa n
y a
m n
en ci
t al
of o
a u
rel tl
ati a
ve y
ly o
s n
m t
all h
pr e
e p
mi a
u rt
m. of
A t
he w
bo hi
nd c
s h
m t
an h
d e
or p
pr r
op o
er p
ty e
o rt
w y
ne c
r. a
It n
is b
on e
ly s
th ol
e d
re is
pu pl
ta a
tio c
n e
or d
cr in
ed t
it h
st e
an h
di a
ng n
of d
th s
e of
bo t
nd h
s e
m c
an o
or u
th rt
e t
ex o
pe g
ct u
an a
cy r
of a
th n
e t
pri e
ce e
at t
 he property
pr given as
od
uc
tio
n
of
th
e
bo
dy
of
th
e
ac
cu
se
d
at
th
e
va
rio
us
pr
oc
ee
di
ng
s
le
ad
in
g
to
co
nv
ict
io
n
or
ac
qu
itt
al.

Sec. 11.
Property
bond, how
posted. – A
property
bond is an
undertakin
g
constitute
d as lien
on the real
 cancellation
of the
property
bond and his
security for
re-arrest and
the amount of
detention.
the bail.
Within ten
Sec. 12.
(10) days
Qualification
after the
s of sureties
approval of
in property
the bond, the
bond. – The
accused shall
qualifications
cause the
of sureties in
annotation of
a property
the lien on
bond shall be
the certificate
as follows:
of title on file
(a) Each
with the
must be a
Registry of
resident
Deeds if the
owner of real
land is
estate within
registered, or the
if Philippines;
unregistered,
in the
(b) Wher
Registration
e there is
Book on the
only one
space
surety, his
provided
real estate
therefore, in
must be
the Registry
worth at
of Deeds for
least the
the province
amount of
or city where
undertaking;
the land lies,
and on the
(c) If
correspondin
there are
g tax
two or more
declaration in
sureties,
the office of
each may
the
justify in an
provincial,
amount less
city and
than that
municipal
expressed in
assessor
the
concerned. undertaking
but the
Within the aggregate of
same period, the justified
the accused sums must
shall submit be
to the court equivalent to
his the whole
compliance amount of
and his the bail
failure to do demanded.
so shall be
sufficient In all cases,
cause for the
every surety still
must be undischarge
worth the d, and his
amount other
specified in liabilities.
his own The court
undertaking may examine
over and the sureties
above all just upon oath
debts, concerning
obligations their
and sufficiency in
properties such manner
exempt from as it may
execution. deem
proper. No
Sec. 13. bail shall be
Justification approved
of sureties. – unless the
Every surety surety is
shall justify qualified.
by affidavit
taken before WHAT ARE
the judge THE
that he MINIMUM
possesses the REQUIREMEN
qualification TS FOR
prescribed in SURETIES?
the preceding Suret
section. He y
shall describe must
the property be a
given as reside
security, nt
stating the owner
nature of his of
title, its real
encumbrance estat
s, the number e
and amount
within
of other bails
the
entered into
Philip
by him and
pines

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 43 of 120

suret
y
must
If be
there worth
is the
only amou
one nt
suret speci
y, his fied
real in his
estat own
e unde
must rtaki
be ng
worth over
the and
amou abov
nt of e all
the just
unde debts
rtaki ,
ng oblig
If ation
there s,
are and
two prop
or erties
more exem
sureti pt
es, from
the exec
aggr ution
egat
e of MAY THE
the COURT
ADDITIONAL
sums
LY REQUIRE
must
THAT THE
be SURETY BE A
equiv RESIDENT
alent OF THE
to PHILIPPINES
the BUT OF THE
whol PROVINCE?
e Yes,
amou the
nt of provi
the sion
bail whic
dema h
nded, requi
and res
every that
 the cash with
sureti the nearest
es collector of
must internal
be a revenue or
resid provincial,
ent city, or
hous municipal
ehold treasurer
er or the amount
of bail fixed
freeh
by the court,
older
or
withi
recommende
n the d by the
Philip prosecutor
pines who
is but investigated
a or filed the
mini case. Upon
mum submission
requi of a proper
reme certificate of
nt deposit and
And a written
wher undertaking
e this showing
requi compliance
reme with the
nt requirement
woul s of section
d not 2 of this
preju Rule, the
dice accused
the shall be
petiti discharged
from
oner,
custody. The
the
money
judge
deposited
has
shall be
the considered
powe as bail and
r to applied to
add the payment
such of fine and
requi costs while
reme the excess,
nt if any, shall
be returned
Sec. 14. to the
Deposit of accused or
cash as bail. to whoever
– The made the
accused or deposit.
any person
acting in his Sec. 15.
behalf may Recognizanc
deposit in e. –
Whenever be
allowed by sentenced is
law or these destierro, he
Rules, the shall be
court may released
release a after thirty
person in (30) days of
custody on preventive
his own imprisonmen
recognizanc t.
e or that of
a
responsible
person.

Sec. 16. Bail,

when not
required;
reduced bail
or
recognizanc
e. – No bail
shall be
required
when the
law or these
Rules so
provide.

When a
person has
been in
custody for
a period
equal to or
more than
the possible
maximum
imprisonmen
t prescribed
for the
offense
charged, he
shall be
released
immediately,
without
prejudice to
the
continuation
of the trial
or the
proceedings
on appeal. If
the
maximum
penalty to
which the
accused may
 province,
city or
municipality.
If the
A person in
accused is
custody for
arrested in a
a period
province,
equal to or
city, or
more than
municipality
the
other than
minimum of
where the
the principal
case is
penalty
pending,
prescribed
bail may
for the
also be filed
offense
with any
charged,
regional trial
without
court of said
application
place, of if
of the
no judge
Indetermina
thereof is
te Sentence
available,
Law or any
with any
modifying
metropolitan
circumstanc
trial judge,
e, shall be
municipal
released on
trial judge,
a reduced
or municipal
bail or on his
circuit trial
own
judge
recognizanc
therein.
e, at the
discretion of
the court. (b) Where
the grant of
bail is a
Sec. 17. Bail,
matter of
where filed.
discretion,
– (a) Bail in
or the
the amount
accused
fixed may be
seeks to be
filed with
released on
the court
recognizanc
where the
e, the
case is
application
pending, or
may only be
in the
filed in the
absence or
court where
unavailabilit
the case is
y of the
pending,
judge
whether on
thereof, with
preliminary
any regional
investigatio
trial judge,
n, trial, or
metropolitan
appeal.
trial judge,
municipal
trial judge, Any person
or municipal in custody
circuit trial who is not
judge in the yet charged
in court may If the
apply for accus
bail with any ed is
court in the arres
province, ted in
city, or a
municipality provi
where he is nce,
held. city
or
AS A
muni
GENERAL
cipali
RULE,
ty
WHERE
SHOULD other
BAIL BE than
FILED? wher
It e the
may case
be is
filed pendi
with ng,
the bail
court may
wher also
e the be
case filed
is with
pendi the
ng. In RTC
the of
abse said
nce place
of , or if
the no
judge judge
there is
of, avail
bail able,
may with
be any
filed MTC
with judge
any there
RTC in
or But
MTC wher
judge e bail
in is a
the matt
provi er of
nce, discr
city etion
or or
muni wher
cipali e the
ty. accus
ed
 seeks in the
to be provi
relea nce,
sed city
on or
recog muni
nizan cipali
ce, ty
bail wher
may e he
only is
be held
filed
in WHERE
the SHOULD
court ONE POST
wher BAIL IF HE
e the HASN'T
case BEEN
is CHARGED
YET?
pendi
In
ng
the
Any
RTC
perso
n in of
custo the
dy place
not wher
yet e he
charg is in
ed custo
may dy. In
apply the
for abse
bail nce
with of
any RTC,
court in the
MTC.

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 44 of 120

case
is
pendi
ng
WHAT
SITUATIONS MAY A
ARE JUDGE ISSUE
CONTEMPLA A BAIL BOND
TED UNDER FOR CASES
THIS NOT
SECTION? PENDING IN
First, HIS SALE OR
the ARE
accus OUTSIDE HIS
JURISDICTIO
ed is
N
arres
CONTENDIN
ted
G THAT IT
in WAS DONE
the MAINLY IN
same GOOD FAITH
provi INTERPRETA
nce, TION AND
city APPLICATIO
or N OF THE
muni RULES?
cipali No, a
ty judge
wher cann
e his ot
case shiel
is d
pendi hims
ng elf
Seco from
nd, the
the cons
accus eque
ed is nce
arres of his
ted persi
in stent
the devia
provi nt
nce, activi
city ties
or by
muni the
cipali simpl
ty e
other invoc
than ation
wher of
e his good
 fatih jurisd
and iction
the ,
suppl partic
icatio ularly
n so
that wher
he e the
was accus
only ed
move are
d by detai
pity ned
for there
the at
poor and
and not in
forsa his
ken jurisd
accus iction
ed and
A judge’s there
jurisdictio fore
n is cann
confined ot
to that perso
over nally
which he appe
presides ar
Ther befor
efore e him
to as
appr requi
ove red,
bail const
appli itute
catio ignor
ns ance
and of
issue the
corre law
spon so
ding gross
relea as to
se amou
order nt to
in inco
cases mpet
pendi ence
ng in and
court even
s corru
outsi ption
de
his Sec. 18.
territ Notice of
orial application
to must be
prosecutor. – discharged
In the upon
application approval of
for bail the bail by
under the judge
section 8 of with whom it
this Rule, was filed in
the court accordance
must give with section
reasonable 17 of this
notice of the Rule.
hearing to
the When bail is
prosecutor filed with a
or require court other
him to than where
submit his the case is
recommenda pending, the
tion. judge who
accepted the
WHY IS bail shall
NOTICE TO forward it,
THE together
PROSECUTO with the
R order of
REQUIRED? release and
Such other
notic supporting
e is papers, to
requi the court
red where the
beca case is
use pending,
the which may,
burd for good
en of reason,
showi require a
ng different one
that to be filed.
the
evide WHAT ARE
THE
nce
PREREQUISI
of
TES FOR A
guilt
JUDGE TO
is
ISSUE THE
stron RELEASE OF
g is THE
on ACCUSED
the UPON FILING
prose OF A BOND?
cutio
n

Sec. 19.
Release on
bail. – The
accused
 arres
ted in
a
The provi
appli nce,
catio city
n for or
bail muni
must cipali
be ty
filed other
in than
the wher
court e the
wher case
e the is
case pendi
is ng,
pendi bail
ng. In may
the be
abse filed
nce with
or any
unav RTC
ailabi of
lity of the
the place
judge . If no
there judge
of, there
the of is
appli avail
catio able,
n for then
bail with
may the
be MTC
filed judge
with there
anot in.
her
branc Sec. 20.
h of Increase or
reduction of
the
bail. – After
same
the accused
court
is admitted
withi to bail, the
n the court may,
provi upon good
nce cause, either
or increase or
city reduce its
If the amount.
accus When
ed is increased,
the accused the accused
may be fails to
committed appear in
to custody if person as
he does not required, his
give bail in bail shall be
the declared
increased forfeited
amount and the
within a bondsmen
reasonable given thirty
period. An (30) days
accused held within which
to answer a to produce
criminal their
charge, who principal and
is released to show why
without bail no judgment
upon filing should be
of the rendered
complaint or against
information, them for the
may, at any amount of
subsequent their bail.
stage of the Within the
proceedings said period,
and the
whenever a bondsmen
strong must:
showing of
guilt (a) prod
appears to uce the body
the court, be of their
required to principal or
give bail in give the
the amount reason for
fixed, or in his non-
lieu thereof, production;
committed and
to custody.
(b) expl
Sec. 21. ain why the
Forfeiture of accused did
bail. – When not appear
the presence before the
of the court when
accused is first
required by required to
the court or do so.
these Rules,
his Failing in
bondsmen these two
shall be requisites, a
notified to judgment
produce him shall be
before the rendered
court on a against the
given date bondsmen,
and time. If jointly and
severally, accused has
for the been
amount of surrendered
the bail. The or is
court shall acquitted.
not reduce
or otherwise WHAT DO
mitigate the BONDSMEN
liability of UNDERTAKE
the TO DO
bondsmen, UNDER THE
unless the BOND?

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 45 of 120

30
days
withi
Whe n
n the whic
appe h to
aranc prod
e of uce
the the
accus accus
ed is ed
requi and
red, show
the caus
sureti e
es why
shall judg
be ment
notifi shoul
ed to dn't
prod be
uce rend
the ered
accus again
ed st
befor them
e the for
court the
on a amou
given nt of
date the
If the bond
accus Within
ed the
fails period of
to 30 days,
appe the
ar as bondsme
requi n must:
red, 1. P
r
the
o
bond
d
is u
decla c
red e
forfei t
ted h
and e
the b
bond o
smen d
are y
given o
 f h
t e
h n
e
a fi
c r
c s
u t
s r
e e
d q
u
2. E i
x r
p e
l d
a
i t
n o
d
s o
a s
t o
i o I
s f
f t
a h
c e
t y
o f
r a
il il
y t
w o
c
h
o
y
m
t p
h l
e y
a w
c i
c t
u h
s
e t
d h
e
d s
i e
d r
n e
' q
t u
a i
p s
p i
t
e
e
a
s
r ,
w t
 h principal
e Their
c custo
o dy of
u
him
r
t is the
s conti
h nuati
a on of
ll the
r origin
e al
n impri
d
sonm
e
r ent
j and
u thou
d gh
g they
m cann
e ot
n actua
t
lly
a
g confi
a ne
i him,
n they
s are
t subro
t gate
h d to
e
all
m
other
o rights
n and
mean
t s
h whic
e h the
b gover
o nmen
n
d t
. poss
esses
WHAT IS to
THE EFFECT make
OF their
ASSUMING contr
THE ol of
OBLIGATION him
OF BAIL? effect
The ive
sureties when
become the
in law the accus
jailers of ed
the jump
 s bail court
and , and
the the
trial exerc
shall ise of
conti such
nue discr
and etion
the will
bond not
sman be
held distur
to bed
their on
unde appe
rtaki al
ng unles
and s
sureti grave
es abus
e of
UNDER discr
WHOSE etion
DISCRETION was
IS THE com
REDUCTION mitte
OF THE d or
LIABILITY OF that
A there
BONDSMAN
are
UNDER THE
circu
FORFEITED
BOND? msta
It is nces
wholly whic
subject to h the
the trial
discretion court
of the failed
trial court to
To be consi
refus der
ed or
grant WHAT IS
THE DUTY
ed
OF THE
accor
BONDSMAN
ding
WHEN
to ACCUSED IS
the REQUIRED
merit TO APPEAR?
s of Notice
the alone to
parti the
cular accused
case is
befor insufficien
e the t.
The do
bond so,
sman trial
is court
duty may
boun consi
d to der it
prod negli
uce gent
the in the
perso perfo
n of rman
the ce of
accus his
ed dutie
when s
his whic
appe h the
aranc SC
e is cann
requi ot
red distur
by b
the
court WHAT ARE
, THE
whic REQUISITES
h TO JUSTIFY
THE
show
BONDSMAN’
s that
S
mere
EXEMPTION
notic
FROM
e is LIABILITY?
not
suffic
ient
but
the
bond
sman
must
make
every
effort
to
see
that
he
actua
lly
make
s his
appe
aranc
e
Failur
e to
 h
y
t
h
Within
e
the
a
period of c
30 days, c
the u
bondsme s
n must: e
1. P d
r
o d
d i
u d
c n
e '
t t
h a
e p
b p
o e
d a
y r
o w
f h
t e
h n
e
a fi
c r
c s
u t
s r
e e
d q
u
2. E i
x r
p e
l d
a
i t
n o
d
s o
a s
t o
i Failur
s e of
f the
a bond
c sman
t
to
o
prod
r
uce
il
y the
w accus
ed the
when law
requi exon
red erate
by s the
the sureti
court es. If
and the
subs accus
eque ed
nt died,
prese the
ntme fact
nt of
will deat
not h
exon must
erate be
the befor
bond e the
sman breac
’s h and
liabili the
ty fact
unles of
s he deat
gives h
satisf must
actor be
y estab
reaso lishe
n d by
why comp
he etent
failre evide
d to nce
appe for
ar the
when sureti
first es to
requi be
red exon
to do erate
so d
SATIS from
FACT liabili
ORY ty.
EXPL
ANAT Sec. 22.
ION— Cancellation
act of of bail. –
God, Upon
act of application
the of the
oblig bondsmen,
ee, with due
act of notice to the
prosecutor, The
the bail may same
be cancelled issue
upon as in
surrender of an
the accused appli
or proof of catio
his death. n for
bail
The bail confr
shall be
onts
deemed
the
automaticall
judge
y cancelled
upon in
acquittal of proce
the accused, eding
dismissal of s for
the case, or canc
execution of ellati
the on of
judgment of bail.
conviction. Henc
e,
In all the
instances, simil
the arity
cancellation of
shall be the
without natur
prejudice to e and
any liability proce
on the bail. dure
for
HOW IS BAIL
appli
CANCELLED?
catio
The
n for
same
bail
princi
and
ples
canc
and
ellati
proce
on
dure
are
gover
the
ning
same
heari
ngs
Sec. 23.
on an
Arrest of
appli accused out
catio on bail. – For
n for the purpose
bail of
appli surrendering
es to the accused,
canc the
ellati bondsmen
on of may arrest
bail him or, upon
written An accused
authority released on
endorsed on bail may be
a certified re-arrested
copy of the without the
undertaking, necessity of
cause him to a warrant if
be arrested he attempts
by a police to depart
officer or from the
any other Philippines
person of without
suitable age permission
and of the court
discretion. where the
case is
pending.

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 46 of 120

by
any
polic
CAN THE e
BONDSMEN office
ARREST THE r or
ACCUSED any
FOR GOOD other
CAUSE EVEN perso
IF THE n of
LATTER IS suita
OUT ON ble
BAIL? age
Yes and
For discr
the etion
reaso When
n of bail
surre is
nding given
the , the
defen princi
dant, pal is
the regar
bond ded
sman as
may deliv
arres ered
t him to
or the
caus custo
e a dy of
writt his
en sureti
auth es;
ority their
indor domi
sed nion
on a is a
certi conti
fied nuan
copy ce of
of the
the origin
unde al
rtaki impri
ng, sonm
may ent.
caus When
e him ever
to be they
arres choo
ted se to
do , they
so, may
they break
may into
seize and
him enter
and his
deliv hous
er e for
him that
up; if purp
that ose
cann
ot be Sec. 24. No
done bail after
at final
once, judgment;
they exception. –
may No bail shall
impri be allowed
son after a
him judgment of
until conviction
has become
it can
final. If
be
before such
done
finality, the
They accused
may applies for
exerc probation,
ise he may be
their allowed
right temporary
s in liberty under
perso his bail.
n or When no bail
his was filed or
agen the accused
t; is incapable
they of filing one,
may the court
pursu may allow
e him his release
into on
anot recognizanc
her e to the
custody of a
State
responsible
;
member of
they
the
may
community.
arres In no case
t him shall bail be
on allowed
Sabb after the
ath; accused has
and if commenced
nece to serve
ssary sentence.
 of the right
Sec. 25. of detainees
Court to confer
supervision privately
of with
detainees. – counsel, and
The court strive to
shall eliminate
exercise conditions
supervision inimical to
over all the
persons in detainees.
custody for
the purpose In cities and
of municipalitie
eliminating s to be
unnecessary specified by
detention. the Supreme
The Court, the
executive municipal
judges of trial judges
the Regional or municipal
Trial Courts circuit trial
shall judges shall
conduct conduct
monthly monthly
personal personal
inspections inspections
of of the
provincial, municipal
city, and jails in their
municipal
jails and the
prisoners
within their
respective
jurisdictions.
They shall
ascertain
the number
of
detainees,
inquire on
their proper
accommodat
ion and
health and
examine the
condition of
the jail
facilities.
They shall
order the
segregation
of sexes and
of minors
from adults,
ensure the
observance
 n. – An
application
for or
admission to
respective
bail shall not
municipalitie
bar the
s and submit
accused
a report to
from
the
challenging
executive
the validity
judge of the
of his arrest
Regional
or the
Trial Court
legality of
having
the warrant
jurisdiction
issued
therein.
therefore, or
from
A monthly
assailing the
report of
regularity or
such
questioning
visitation
the absence
shall be
of a
submitted
preliminary
by the
investigatio
executive
n of the
judges to
charge
the Court
against him,
Administrato
provided
r which shall
that he
state the
raises them
total number
before
of
entering his
detainees,
plea. The
the names
court shall
of those
resolve the
held for
matter as
more than
early as
thirty (30)
practicable
days, the
but not later
duration of
than the
detention,
start of the
the crime
trial of the
charged, the
case.
status of the
case, the
DOES AN
cause for
APPLICATIO
detention,
N FOR BAIL
and other
BAR THE
pertinent
ACCUSED
information.
FROM
QUESTIONIN
Sec. 26. Bail
G THE
not a bar to
VALIDITY OF
objections
THE
on illegal
WARRANT,
arrest, lack
OR THE
of or
MANNER OF
irregular
CONDUCTIN
preliminary
G THE
investigatio
PRELIMINAR tigati
Y on
INVESTIGATI Ther
ON e is
No, nothi
provided ng
that he incon
raises siste
these nt
questions with
before posti
plea. ng
The bail
ruiing and
modi filing
fies a
the motio
previ n to
ous quas
ruling h
that infor
an matio
appli n
catio
n for RULE
bail 115 -
by RIGH
the TS
accus OF
ed ACC
shall USE
be D
consi
dere Section 1.
d as Rights of
a accused at
waiv trial. – In all
criminal
er of
prosecutions
his
, the
right accused
to shall be
chall entitled to
enge the
the following
validi rights:
ty of
his (a) To
arres be presumed
t or innocent
the until the
abse contrary is
nce proved
of a beyond
preli reasonable
mina doubt.
ry
inves (b) To
be informed and by
of the counsel at
nature and every stage
cause of the of the
accusation proceedings,
against him. from
arraignment
(c) To to
be present promulgatio
and defend n of the
in person

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 47 of 120

accused may
be allowed
to defend
himself in
judgment.
person when
The accused
it
may,
sufficiently
however,
appears to
waive his
the court
presence at
that he can
the trial
properly
pursuant to
protect his
the
rights
stipulations
without the
set forth in
assistance
his bail,
of counsel.
unless his
presence is
specifically (d) To
ordered by testify as a
the court for witness in
purposes of his own
identificatio behalf but
n. The subject to
absence of cross-
the accused examination
without on matters
justifiable covered by
cause at the direct
trial of examination.
which he His silence
had notice shall not in
shall be any manner
considered a prejudice
waiver of his him.
right to be
present (e) To
thereat. be exempt
When an from being
accused compelled to
under be a witness
custody against
escapes, he himself.
shall be
deemed to (f) To
have waived confront and
his right to cross-
be present examine the
on all witnesses
subsequent against him
trial dates at the trial.
until custody Either party
over him is may utilize
regained. as part of its
Upon evidence the
motion, the testimony
of a witness by law.
who is
deceased, WHAT ARE
out of or can THE 9
not with due RIGHTS OF
diligence be AN ACCUSED
found in the IN CRIMINAL
Philippines, PROCEEDING
unavailable, S?
or otherwise The
unable to following
testify, are the
given in rights
another case accorded
or the
proceeding, accused:
judicial or 1. T
administrati o
ve, involving b
the same e
parties and p
subject r
matter, the e
adverse s
party having u
the m
opportunity e
to cross- d
examine i
him. n
n
(g) To o
have c
compulsory e
process n
issued to t
secure the u
attendance n
of witnesses t
and il
production t
of other h
evidence in e
his behalf. c
o
(h) To have n
speedy, t
impartial r
and a
public r
trial. y
i
(i) To s
appeal in all p
cases r
allowed and o
in the v
manner e
prescribed d
 t
b h
e e
y a
o c
n c
d u
s
r a
e t
a i
s o
o n
n
a a
b g
l a
e i
d n
o s
u t
b h
t i
. m
2. T .
o
b
e
i
n
f
o
r
m
e
d

o
f
t
h
e
n
a
t
u
r
e
a
n
d

c
a
u
s
e
o
f
 o
f
t
h
3. T
e
o
p
b
r
e
o
p
c
r
e
e
e
s
d
e
i
n
n
t
g
a
s
n
,
d
f
r
d
o
e
m
f
e
a
n
r
d
r
i
a
n
i
g
p
n
e
m
r
e
s
n
o
t
n
t
o
a
p
n
r
d
o
m
b
u
y
l
c
g
o
a
u
t
n
i
s
o
e
n
l
a
o
t
f
e
t
v
h
e
e
r
j
y
u
s
d
t
g
a
m
g
e
e
 n m
t i
. n
4. T a
o t
t i
e o
s n
t
i o
f n
y
a m
s a
a t
w t
i e
t r
n s
e c
s o
s v
i e
n r
e
h d
i
s b
o y
w d
n i
r
b e
e c
h t
a e
l x
f a
b m
u i
t n
s a
u t
b i
j o
e n
c .
t H
t i
o s
c s
r il
o e
s n
s c
- e
e s
x h
a a
 ll t
n o
o b
t e
i a
n w
i
a t
n n
y e
m s
a s
n a
n g
e a
r i
p n
r s
e t
j h
u i
d m
i s
c e
e lf
h .
i 6. T
m o
. c
5. T o
o n
b f
e r
e o
x n
e t
m a
p n
t d
f
r c
o r
m o
s
b s
e -
i e
n x
g a
m
c i
o n
m e
p t
e h
ll e
e w
d i
t
n v
e i
s d
s e
e n
s c
a e
g t
a h
i e
n t
s e
t s
h t
i i
m m
o
a n
t y
t o
h f
e a
t w
r i
i t
a n
l. e
E s
i s
t w
h h
e o
r i
p s
a d
r e
t c
y e
m a
a s
y e
u d
t ,
il o
i u
z t
e o
a f
s o
p r
a c
r a
t n
o
f n
i o
t t
s w
e i
t e
h u
n
d a
u b
e l
d e
il t
i o
g t
e e
n s
c t
e if
b y
e ,
f g
o i
u v
n e
d n
i i
n n

t a
h n
e o
P t
h h
il e
i r
p c
p a
i s
n e
e o
s r
, p
u r
n o
a c
v e
a e
il d
a i
b n
l g
e ,
, j
o u
r d
o i
t c
h i
e a
r l
w o
i r
s a
d a
m d
i v
n e
i r
s s
t e
r p
a a
t r
i t
v y
e h
, a
i v
n i
v n
o g
l
v t
i h
n e
g o
p
t p
h o
e r
s t
a u
m n
e i
p t
a y
r t
t o
i c
e r
s o
a s
n s
d -
e
s x
u a
b m
j i
e n
c e
t h
m i
a m
t .
t 7. T
e o
r h
, a
t v
h e
e c
o p
m r
p o
u d
l u
s c
o t
r i
y o
p n
r
o o
c f
e o
s t
s h
i e
s r
s e
u v
e i
d d
e
t n
o c
s e
e i
c n
u
r h
e i
t s
h b
e e
a h
t a
t lf
e .
n 8. T
d o
a h
n a
c v
e e
o s
f p
w e
i e
t d
n y
e ,
s i
s m
e p
s a
a r
n t
d i
a
l
 a i
n b
d e
d
p
u b
b y
li l
c a
t w
r .
i
a DUE
l. PROCESS
9. T
o IS IT
a NECESSARY
p TO HAVE
p TRIAL-TYPE
e PROCEEDING
a S IN ORDER
l TO SATISFY
i THE
n REQUIREME
NT OF DUE
a PROCESS?
ll No,
c there
a
is no
s
need
e
s for
a trial-
ll type
o proce
w eding
e s in
d order
to
a satisf
n y due
d proce
i ss
n The
impo
t rtant
h
thing
e
is
m
a that
n there
n was
e an
r oppo
p rtunit
r y to
e be
s hear
c d
r Notic
 e and N
heari D
ng
are C
the O
two M
mini P
E
mum
T
requi
E
reme N
nts of T
due C
proce O
ss U
R
IN GENERAL, T
WHAT ARE w
THE i
REQUIREME t
NTS OF h
PROCEDURA j
L DUE u
PROCESS? d
1. The i
requi c
reme i
nts of a
proce l
dural p
due o
proce w
ss e
are r
as t
follo o
ws: h
1. T e
h a
e r
r a
e n
m d
u
s d
t e
b t
e e
a r
n m
I i
M n
P e
A t
R h
T e
I m
A a
L t
A t
 e h
r e
b p
e e
f r
o s
r o
e n
i
t o
2. J f
u t
r h
i e
s d
d e
i f
c e
t n
i d
o a
n n
t
M o
U r
S o
T v
H e
A r
V t
E h
e
B p
E r
E o
N p
e
L r
A t
W y
F s
U u
L b
L j
Y e
A c
C t
Q o
U f
I t
R h
E e
D p
r
o o
v c
e e
r e
t d
 i E
n A
g R
D
3. T
h 4. J
e u
d d
e g
f m
e e
n n
d t
a m
n u
t s
m t
u b
s e
t R
b E
e N
g D
i E
v R
e E
n D

a U
n P
O
O N
P
P L
O A
R W
T F
U U
N L
I H
T E
Y A
T R
O I
N
B G
E

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES
Page 48 of 120

INVE
STIG
ATIO
N
IN CRIMINAL
4. Ther
CASES,
e
WHAT ARE
must
THE
be
REQUIREME
NOTI
NTS OF
CE to
PROCEDURA
the
L DUE
accus
PROCESS?
ed
1. The
5. The
accus
accus
ed
ed
must
must
be
be
hear
given
d by
an
a OPPO
court RTUN
of ITY
COM TO
PETE BE
NT HEAR
JURIS D
DICTI 6. Judg
ON ment
2. He must
must be
have rend
been ered
proce WITH
eded IN
again THE
st AUTH
unde ORIT
r Y of
ORD const
ERLY itutio
PROC nal
ESSE law
S OF
THE PRESUMPTIO
LAW N OF
3. He INNOCENCE
may
be WHAT IS
punis THE
hed MEANING OF
only THE RIGHT
after
OF
INQUI
PRESUMPTIO
RY
N OF
AND
INNOCENCE?
The t
right h
mean e
s that r
the e
presu i
mpti s
on m
o
must
r
be
a
overc
l
ome c
by e
evide r
nce t
of a
guilt i
beyo n
nd t
reaso y
nable a
doub s
t t
1. G o
u t
il h
t e
b g
e u
y il
o t
n o
d f
t
r h
e e
a a
s c
o c
n u
a s
b e
l d
e
d 2. A
o c
u c
b u
t s
m a
e t
a i
n o
s n
t i
h s
a n
t o
t n
s g
y t
n h
o
n o
y f
m t
o h
u e
s e
t v
o i
g d
u e
il n
t c
— e
c o
o f
n t
v h
i e
c p
t r
i o
o s
n e
c
s u
h t
o i
u o
l n
d
a
t n
h d
e
n n
o
b t
e t
b h
a e
s w
e e
d a
k
o n
n e
s
t s
h o
e f
s t
t h
r e
e d
 e the
f fact
e ultim
n ately
s prove
e n
from
WHAT IS such
THE fact.
RATIONALE For
FOR THE exam
PRESUMPTIO ple,
N OF an
INNOCENCE? acco
Ther unta
e ble
ough publi
t to c
be a office
balan r who
ce fails
betw to
een acco
unt
the
for
mach
funds
inerie
or
s of
prop
the erty
State that
and shoul
the d be
accus in his
ed custo
dy is
WHAT ARE presu
THE med
EXCEPTIONS to be
TO THE guilty
CONSTITUTI of
ONAL malv
PRESUMPTIO ersati
N OF on of
INNOCENCE? publi
1. If c
there funds
is a ; or
REAS that
ONA perso
BLE ns in
CON poss
NECT essio
ION n of
betw recen
een tly
the stole
fact n
presu good
med s are
and
 presu
med
guilty
of
1. Unla
the
wful
offen
aggr
se in
essio
conn
n
ectio
2. Reas
n
onabl
with
e
the
mean
good
s
s
empl
2. In
oyed
cases
to
of
preve
SELF-
nt or
DEFE
repel
NSE,
it
the
3. Lack
perso
of
n
suffic
who
ient
invok
provo
es
catio
the
n on
self-
the
defen
part
se is
of
presu
the
med
perso
guilty
n
. The
defen
burd
ding
en of
hims
provi
elf
ng
the
WHAT IS A
elem
REVERSE
ents
TRIAL?
of
self- Usual
defen ly in
se is most
incu cases
mben , the
t prose
upon cutio
the n
accus first
ed. prese
nts
WHAT ARE its
THE evide
ELEMENTS nce
OF SELF- to
DEFENSE? estab
lish
 the on
guilt that
of he
the was
accus guilt
ed, of
and the
the offen
defen se
se
follo
ws WHAT IS
there THE
after PURPOSE OF
But HAVING TO
this BE
is INFORMED
rever OF THE
sed NATURE AND
when CAUSE OF
the THE
accus ACCUSATION
ed ?
admi T
ts o
the
killin k
g but n
claim o
s w
self-
defen i
se f
A reverse
trial h
happens e
The
accus i
ed s
must
first t
estab r
lish u
the l
elem y
ents
of t
self- h
defen e
se in
order g
to u
overt i
urn l
the t
presu y
mpti
 p 2. He
a has
r been
t duly
y notifi
ed of
T the
o trial
3. He
fails
k
to
n
appe
o
ar at
w the
trial
t but
h his
e non-
appe
c aranc
h e at
a the
r trial
g is
e unjus
tifiabl
a e
g
a CAN THE
i RIGHT TO BE
n PRESENT BE
s WAIVED?
t Yes,
exce
h pt in
i the
m follo
wing
situat
RIGHT TO BE ions
PRESENT IN wher
TRIAL e the
prese
WHAT ARE nce
THE of
REQUISITES the
OF A VALID accus
TRIAL IN ed at
ABSENTIA? the
1. The trial
accus is
ed requi
has red
been 1. D
alrea u
dy r
arrai i
gned n
 g li
g
a h
r t
r o
a f
i f
g e
n n
m s
e e
n 3. W
t h
2. D e
u n
r
i t
n h
g e
p
p r
r e
o s
m e
u n
l c
g e
a o
t f
i t
o h
n e
a
o c
f c
j u
u s
d e
g d
m
e a
n t
t t
, h
e e
x t
c r
e i
p a
t l
i i
f
s
i
r
t
e
i
q
s
u
f
i
o
r
r
e
a
d h
e
f i
o s
r t
p h
u e
r s
p a
o m
s e
e p
s e
o r
f s
i o
d n
e
n c
t h
i a
f r
i g
c e
a d
t
i
o RIGHT TO
n COUNSEL
,
u
n
A
l
R
e
T
s
I
s
h C
e L
a E
d
m 3
i ,
t
s S
b E
e C
f T
o I
r O
e N
h
a 1
n 2
d
O
t F
h
a T
t H
E
 G
C
O C
N U
S S
T T
I O
T D
U I
T A
I L
O
N I
N
( V
R E
I S
G T
H I
T G
S A
T
D I
U O
R N
I )
N

BY: MA. ANGELA LEONOR C.

AGUINALDO ATENEO LAW 2D 2010
CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 49 of 120

rehabilitation of
victims of torture or
similar practices, and
their families.
1. Any person under
investigation for the CUSTODIAL ARR
commission of an INVESTIGATION
offense shall have the Prese
right to be informed of WHAT Presence of a e
his right to remain KIND OF competent and comp
silent and to have COUNSEL independent counsel
competent and PURPOSE Protect the accused Inform
independent counsel OF from being forced to accu
preferably COUNSEL confess conse
of his own choice. If his p
the person cannot natur
afford the services of the
again
counsel, he must be
CHOICE Counsel of his own Cour
provided with one.
OF choice coun
These rights cannot
ACCUSED accu
be waived except in
writing and in the de offi
presence of counsel.
2. No torture, force, IS THERE A
violence, threat, DIFFERENCE
intimidation, or any BETWEEN THE
other RIGHT TO COUNSEL
means which vitiate DURING THE
CUSTODIAL
the free will shall be INVESTIGATION AND
used against him. THE RIGHT TO
Secret COUNSEL DURING
detention places, TRIAL?
solitary, Yes. During
incommunicado, or the trial, the
other similar forms right to
of detention are counsel
means the
prohibited.
right to
3. Any confession or effective
admission obtained in counsel.
violation of this or During trial,
Section 17 hereof the purpose
shall be inadmissible of the counsel
in evidence against is not so
him.
much to
4. The law shall
protect the
provide for penal
accused from
and civil sanctions
for being forced
violations of this to confess,
but rather is
Section as well as to defend the
compensation to the accused.
 The right to
counsel can be
invoked at any
On the other stage of the
hand, a custodial proceedings,
even on appeal
investigation has
stricter However, it can also
requirements. A be waived
The accused is
custodial
deemed to have
investigation
waived his right
requires the
to counsel when
presence of a
he voluntarily
competent and
submits himself
independent
to the
counsel, who is
jurisdiction of
preferably the
the Court and
accused’s own
and proceeds
choice.
with his defense
Furthermore, the
But in two cases,
right to counsel
the Court held
could only be
that the
waived in writing
defendant
and in the
cannot raise for
presence of
the first time on
counsel.
appeal his right
A custodial
to have an
investigation take
attorney. If the
note is not done
question is not
in public, hence
raised in the trial
the danger that
court, the
confessions will
prosecution may
be extracted
go to trial. The
against the will of
question will not
the defendant
during the be considered in
custodial the appellate
investigation. This court for the first
danger doesn't time when the
really exist during accused fails to
trial since the raise it in the
latter is done in lower court.
public.
IS IT THE DUTY OF THE
COURT TO APPOINT
WHY IS THE RIGHT TO
COUNSEL DE OFFICIO
COUNSEL AFFORDED
MANDATORY AT ALL
DURING TRIAL?
TIMES?
The right to
No, the duty to
counsel afforded
appoint counsel
during trial
de officio is
because this right
mandatory only
is embraced in
up to the time of
one’s right to be
arraignment
heard
DOES THE MISTAKE OF
WHEN SHOULD THE
COUNSEL BIND THE
RIGHT TO COUNSEL BE
CLIENT?
INVOKED?
 As a rule, the mistake turns out to be a
of counsel binds the fake lawyer. In
client this case, the
Therefore, the accused is
client cannot entitled to new
question a trial because his
decision on the right to be
ground that his represented by a
counsel was an member of the
idiot bar was violated.
However, an He was thus
exception to this denied of his
if counsel right to counsel
misrepresents and due process.
himself as a
lawyer, and he IS THE RIGHT TO
COUNSEL ABSOLUTE?

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 50 of 120

The testimony will

not be given any
weight
No since the It will not have
right of choice probative value
must be because the
exercised in a prosecution was
reasonable not given the
manner within chance to test
reasonable time. the credibility of
The accused the testimony
cannot insist on through cross-
counsel that he examination
cannot afford,
one who is not a RIGHT AGAINST SELF-
member of the INCRIMINATION
bar, or one who
WHAT IS THE SCOPE
declines for a
OF THE RIGHT
valid reason.
AGAINST SELF-
Also the right of INCRIMINATION?
the accused to The right against
choose counsel
self-
is subject to the
incrimination
right of the state
covers
to due process
testimonial
and adequate
compulsion only
justice.
and the
compulsion to
WHEN CAN THE
produce real or
ACCUSED DEFEND
physical
HIMSELF IN PERSON?
evidence using
The accused can
the body of the
defend himself
accused
in person only if
Physical or moral
the court is
compulsion to extort
convinced that
communication
he can properly
protect his rights
WITH WHAT KIND OF
even without the
TESTIMONY OR
assistance of
INSTANCES CAN THE
counsel. RIGHT BE INVOKED?
It applies to
RIGHT TO BE A commutative
WITNESS ON HIS OWN
testimony and
BEHALF
not mechanical
testimony
WHAT IS THE WEIGHT
Commutative
OF THE TESTIMONY OF
THE ACCUSED WHO testimony
TESTIFIES ON HIS OWN involves the use
BEHALF BUT REFUSES of intelligence
TO BE CROSS- on the part of
EXAMINED? the accused or
witness.
Corrorarily, on
cases on self-
incrimination,
the following are SUPPOSE THAT THERE
permissible— IS A HOLE IN A DOOR
substance from TO WHICH IF IT IS
the body, FOUND OUT THAT THE
morphine from HAND OF THE
mouth, put on ACCUSED FITS THE
pants, physical HOLE, HE IS MOST
exam, wallet, PROBABLE GUILTY OF
picture taking, THE ACCUSATION. CAN
etc. The HE INVOKE THE RIGHT
following on the AGAINST SELF-
other hand are INCRIMINATION?
not permissible No, what is
—handwriting, being asked of
signature, and him is
similar incidents mechanical in
which involve nature. The
the use of inserting of his
intelligence. hand into the
hole will not
involve
intelligence on
his part to fulfill
the task.

IS THERE AN
EXCEPTION TO THE
RIGHT AGAINST SELF-
INCRIMINATION?
The right cannot
be invoked when
the State has
the rights to
inspect
documents
under its police
power, such as
documents of
corporations.

ON WHAT KIND OF
PROCEEDINGS CAN
THE RIGHT AGAINST
SELF-INCRIMINATION
BE INVOKED?
The right against
self-
incrimination
can be invoked
in all
proceedings
instituted by the
government
WHAT IS THE HIS RIGHT AGAINST
RATIONALE FOR SELF-INCRIMINATION?
PROTECTING THE X cannot invoke
RIGHT AGAINST SELF- the right. He can
INCRIMINATION? only invoke the
1. FOR right if there is
HUMANITARIAN only a possibility
REASONS—to of criminal
prevent the prosecution but
State with all its not in cases of
coercive powers
possible
from extracting
embarrassment.
testimony that
may convict the
WHO MAY INVOKE THE
accused
RIGHT AGAINST SELF-
2. FOR PRACTICAL
INCRIMINATION AND
REASONS—the
WHEN CAN SUCH
accused is likely
PERSON INVOKE THE
to commit
RIGHT?
perjury if he
An ordinary
were compelled
to testify against witness may
himself invoke the right
but he may only
SUPPOSE THAT X WAS do so as each
A WITNESS IN A incriminating
JUDICIAL PROCEEDING. question is
THE COUNSEL ASKED asked
HIM ABOUT HIS The accused
WHEREABOUTS himself may
DURING A CERTAIN invoke the right,
DATE. X WAS but unlike the
ACTUALLY TOGETHER ordinary
WITH A WOMAN IN A witness, he may
MOTEL DURING THAT altogether
DATE. REVEALING HIS refuse to take
WHEREABOUTS the witness
WOULD RESULT TO A stand and refuse
DOMESTIC to answer any
TURBULENCE. CAN X and all
RIGHTFULLY INVOKE questions.

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 51 of 120

incrimination
But if he cannot
anymore be
But once the prosecuted for it
accused waives anymore, he
his right and cannot invoke the
chooses to right
testify on his
SUPPOSE X WAS A
own behalf, he
WITNESS ASKED ABOUT
may be cross-
BEING CHARGED WITH
examined on
PERJURY TWO YEARS
matters covered AGO. HE INVOKES HIS
in his direct RIGHT AGAINST SELF-
examination. He INCRIMINATION. CAN
cannot refuse to THIS BE TAKEN
answer AGAINST HIM?
questions during It depends. If in
cross- the prior charge
examination by of perjury against
claiming that the him, the case has
answer that he already been
will give could terminated
incriminate him through his
for the crime he acquittal,
is being charged. conviction, or
However, if the dismissal of the
question during complaint, he
cross- couldn't invoke
examination the right
relates to a anymore. But if it
crime different is the case that he
from that which could still be
he was charged, charged with this
he can still past criminality,
invoke the right then he could
and refuse to invoke said right.
answer.
SUPPOSE X WAS A
CAN AN ACCUSED OR WITNESS ASKED ABOUT
WITNESS INVOKE THE BEING A PAID WITNESS
RIGHT AGAINST SELF- IN THE PAST. X
INCRIMINATION IF HE REFUSED TO ANSWER
IS ASKED ABOUT PAST INVOKING THE RIGHT
CRIMINALITY? AGAINST SELF-
It depends INCRIMINATION. CAN
If he can still be THIS BE TAKEN
prosecuted for it, AGAINST X?
questions about Again, it depends.
the past criminal If he could still be
liability are still charged for
covered by the rendering false
protection testimony, then
against self- he could invoke
 the right. If he
cannot anymore
be charged for
past criminality, Before the
then it could not case is filed in
invoke the right. court but after
he has been
X ACCUSED WAS taken into
ASKED TO BE A custody or
HOSTILE WITNESS. HE
otherwise
REFUSED TO DO SO.
deprived of his
CAN THIS BE TAKEN
AGAINST X? liberty, the
No, X cannot be accused has
prejudiced the following
rights—
whatsoever as a
1. The right
result of his
to be
refusal to be a
informed
hostile witness. of the
To prejudice X as nature
a result of his and cause
refusal would of the
render his right accusation
against self- against
incrimination him
useless and 2. The right to
nugatory. remain
silent and
to counsel
WHAT ARE THE RIGHTS 3. The right
OF THE ACCUSED IN not to be
THE MATTER OF subjected
TESTIFYING OR to any
PRODUCING force,
EVIDENCE? violence,
threat,
intimidatio
n, or any
other
means
which
vitiate
free will
4. The right
have
evidence
obtained
in
violation
of these
rights
rejected
After the case
is filed in
court, the
accused has
the following
rights—
 1. The right failure of the
to refuse accused to
to be a testify:
witness o If the
2. The right prose
not to cution
have any has
prejudice alread
whatsoev y
er result establ
to him by ished
such a
refusal prima
3. The right facie
to testify case,
in his the
own accus
ed
behalf
must
subject
prese
to cross- nt
examinat proof
ion by to
the overt
prosecuti urn
on the
evidenc
USE IMMUNITY e of the
Prohibits the use of the witness’ prosec
compelled testimony and its fruits in ution
any manner in connection with the o If the
defen
criminal prosecution of the witness
se of
the
The witness can still be prosecuted accus
but his compelled testimony may ed is
not be used against him an
alibi
WHAT IS THE and
EFFECT OF THE he
REFUSAL OF THE doesn
ACCUSED TO 't
testify
REFUSE TO TESTIFY
, the
IN HIS BEHALF?
infere
GENERAL nce is
RULE—the that
silence of the the
accused alibi
should not is not
prejudice him believ
EXCEPTIONS able
—the
following IS DNA TESTING
cases draw COVERED BY THE
an RIGHT AGAINST
unfavorable SELF-
INCRIMINATION?
inference
from the
BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010
CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 52 of 120

give the accused

the opportunity
to cross-
No, obtaining examine the
DNA samples witness in order
from an accused to test their
in a criminal recollection and
case or from the credibility
respondent in a
paternity case CAN THE RIGHT OF
will not violate CONFRONTATION BE
the right against WAIVED?
self- Yes, it can be waived
either expressly or
incrimination
impliedly
This privilege
It is waived
applies only to
impliedly when
evidence that is
an accused
commutative in
waives his right
essence taken
to be present at
under duress
trial
RIGHT OF It is waived also
CONFRONTATION by conducting
amounting to a
WHAT IS THE MEANING renunciation of
OF THE RIGHT OF the right to
CONFRONTATION? cross-examine
It means that When the party
the accused can was given an
only be tried opportunity to
using those confront and
witnesses that cross-examine
meet him face an opposing
to face at the witness but
trial who give failed to take
testimony in his advantage of it
presence, and for reasons
who may be attributable to
subject to cross- the party alone,
examination he is deemed to
have waived his
WHAT ARE THE right
REASONS FOR THE
RIGHT? WHAT HAPPENS TO
The right to THE TESTIMONY OF A
confrontation is WITNESS WHO DIES
afforded the OR BECOMES
accused to allow UNAVAILABLE?
the court to If the other party
had the
observe the
opportunity to
demeanor of the
cross-examine
witness while
the witness
testifying and to
before he died
 or became
unavailable, the
testimony may
be used as WHAT IS THE RIGHT
evidence TO COMPULSORY
However, if the PROCESS?
other party did It is the right of
not have the the accused to
opportunity to have a
cross-examine subpoena and/or
before the a subpoena
subsequent duces tecum
death or issued in his
unavailability of behalf in order
the witness, the to compel the
testimony will attendance of
have no witnesses and
probative value. the production
What suffices to of evidence
be able to use
the testimony of WHAT HAPPENS IF A
a witness as WITNESS REFUSES TO
evidence is the TESTIFY WHEN
opportunity to REQUIRED?
cross-examine The court should
and there need order the
not be an actual witness to give
cross- bail or even
examination order his arrest,
if necessary
RIGHT TO Failure to obey a
COMPULSORY subpoena amounts
PROCESS to contempt of court

MAY A WITNESS BE
EXCUSED FROM
APPEARING AT TRIAL
FOR THE REASON
THAT HIS RESIDENCE
EXCEEDS 50
KILOMETERS FROM
THE PLACE OF TRIAL?
The provision in
the Rules of
Court providing
for this
exemption of
excusing a
witness from
appearance
before a Court,
judge or officer
of the province
in which he is
resides to the
place of trial by
the usual course
 of travel applies According to the
only to CIVIL Speedy Trial Act
CASES and not of 1988, and
to criminal cases Circular 38-98, if
the accused
RIGHT TO SPEEDY, pleads not
PUBLIC AND guilty,
IMPARTIAL TRIAL arraignment and
pre-trial should
HOW SHOULD THE be held within
TRIAL BE CONDUCTED? 30 days from
The trial should be the time the
speedy, public and court acquires
impartial jurisdiction over
the accused
WHAT IS THE MEANING
OF THE RIGHT TO WITHIN HOW MANY
SPEEDY TRIAL? DAYS SHOULD THE
The right means TRIAL BE COMPLETED?
that the trial In no case shall
should be the entire period
conducted exceed 180 days
according to the from the first
law of criminal day of trial,
procedure and except as
the rules and otherwise
regulations and authorized by
it should be free the Court
from vexatious, Administrator
capricious and
oppressive WHAT FACTORS MAY
delays BE CONSIDERED IN
DETERMINING
WHEN SHOULD THE WHETHER THE
ARRAIGNMENT AND ACCUSED HAS BEEN
PRE-TRIAL BE HELD? DEPRIVED OF HIS
RIGHT TO SPEEDY

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 53 of 120

shouldn't be
deprived of its
day in court
TRIAL AND SPEEDY The right of the
DISPOSITION OF HIS State and the
CASE? (ACCORDING TO prosecution to
CORPUZ V. due process
SANDIGANBAYAN) should be
1. Length of delay respected
2. Reason for the
delay THE PROSECUTION AND
3. The defendant’s THE COMPLAINANT FAIL
assertion of his TO ATTEND THE FIRST
right HEARING. THE COURT
4. Prejudice to the POSTPONES THE
defendant HEARING TO ANOTHER
DATE. IS THERE A
WHAT ARE THE VIOLATION TO THE
REMEDIES AVAILABLE RIGHT TO SPEEDY
TO THE ACCUSED TRIAL?
WHOSE RIGHT TO No, the right to
SPEEDY TRIAL HAS speedy trial is
BEEN VIOLATED? violated when
1. Motion to there are
dismiss on the unjustified
ground of postponements of
violation of right the trial and a
to speedy trial— long period of
must be filed time is allowed to
before trial. This
elapse without the
has the same
case being tried
effect as an
for no
acquittal for
purposes of unjustifiable
double jeopardy. reason
2. File for
mandamus to NOTA BENE: Corollary to
compel a the right to speedy trial is
dismissal of the the right to speedy
information disposition of cases.
3. If he is
restrained of his WHAT IS THE MEANING
liberty, file for OF THE RIGHT TO A
habeas corpus PUBLIC TRIAL?
4. Ask for the trial It means that
of the case and anyone interested
move to dismiss in observing the
manner that a
WHAT IS THE judge conducts
LIMITATION ON THE the proceedings in
RIGHT OF THE his courtroom
ACCUSED TO A SPEEDY may do so
TRIAL?
The limitation is WHY SHOULD A TRIAL
that the State BE CONDUCTED IN
PUBLIC?
The trial should
be public in
order to prevent IS THERE AN
abuses that may EXCEPTION TO THE
be committed by REQUIREMENT OF
the court to the PUBLICITY?
prejudice of the Yes, the court
defendant may bar the
Moreover the public in
accused is certain cases,
entitled to the such as when
moral support of the evidence
his friends and to be
relatives presented may
be offensive to
decency or
public morals,
or in rape
cases, where
the purpose of
some persons
in attending is
merely to ogle
at the parties

IS IT ALRIGHT TO
HOLD THE TRIAL IN
THE CHAMBERS OF
THE JUDGE?
Yes, there is
no violation of
the right to a
public trial
since the
public isn’t
excluded from
attending the
trial

IN SO-CALLED
TRIALS BY
PUBLICITY, WHEN
CAN THE PUBLICITY
BE CONSIDERED
PREJUDICIAL TO THE
ACCUSED?
To warrant a
finding of
prejudicial
publicity, there
must be
allegations
and proof that
the judges
have been
unduly
 influenced, ACCUSED ON HIS
not simply RIGHT TO APPEAL?
that they When the
might be by accused flees
the barrage after the case
of publicity has been
submitted to
RIGHT TO APPEAL, the court for
WHEN ALLOWED decision, he
will be
IS THE RIGHT TO deemed to
APPEAL A have waived
FUNDAMENTAL his right to
RIGHT? appeal from
No, the right the judgment
to appeal is a rendered
statutory against him
right, except
in the case of ARTICLE 8, SECTION 5
the minimum (2)—MINIMUM
appellate APPELLATE
jurisdiction of JURIDICTION
the SC 1. All cases in which
granted by
the the constitutionality or
validity of any treaty,
Constitution.
international or
Anyone who
executive
seeks to
agreement, law,
exercise the presidential
right to decree,
appeal must proclamation,
comply with order, instruction,
the ordinance, or
requirements regulation is in
of the rules. question.
Otherwise
2. All cases involving
the right to
the legality of any
appeal is
tax, impost,
lost. assessment, or
toll, or any
CAN THE RIGHT TO penalty imposed
APPEAL BE WAIVED? in relation
Yes it can be thereto.
waived expressly or 3. All cases in which
impliedly the jurisdiction of
any lower court is
WHAT IS THE in issue.
EFFECT OF THE
FLIGHT OF THE

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 54 of 120

the arraignment
and must
personally enter his
plea. Both
4. All criminal cases in arraignment and
which the penalty plea shall be made
imposed is reclusion of record, but
perpetua or higher. failure to do so
5. All cases in which shall not affect the
validity of the
only an error or
proceedings.
question of law is
involved. xxx (c) When the
accused refuses to
plead or makes a
conditional plea, a
RULE plea of not guilty
116 - shall be entered for
ARRAIG him.
NMENT
AND (d) When the
PLEA accused pleads
guilty but presents
Section 1. exculpatory
Arraignment and plea; evidence, his plea
how made. – shall be deemed
(a) The accused withdrawn and a
must be arraigned plea of not
before the court guilty shall be
where the complaint entered for him.
or information was
filed or assigned for (e) When the
trial. The accused is under
arraignment shall be preventive
made in open court detention, his case
by the judge or clerk shall be raffled and
by furnishing the its records
accused with a copy transmitted to the
of the complaint or judge to whom the
information, reading case was raffled
the same in the within three (3)
language or dialect days from the filing
known to him, and of the information
asking him whether or complaint. The
he pleads guilty or accused shall be
not guilty. The arraigned within
prosecution may call ten (10) days from
at the trial witnesses the date of the
other than those raffle. The pre-trial
named in the conference of his
complaint or case shall be held
information. within ten (10) days
after arraignment.
(b) The accused
must be present at (f) The private
offended party shall
be required to
appear at the
arraignment for
purposes of plea
(g) Unless a shorter
bargaining,
period is provided by
determination of
special law or Supreme
civil liability, and
Court circular, the
other matters
arraignment shall be
requiring his
held within thirty (30)
presence. In case of
days from the date the
failure of the
court acquires
offended party to
jurisdiction over the
appear despite due
person of the accused.
notice, the court
The time of the
may allow the
pendency of a motion
accused to enter a
to quash or for a bill or
plea of guilty to a
particulars or other
lesser offense which
causes justifying
is necessarily
suspension of the
included in the
arraignment shall be
offense charged with excluded in computing
the conformity of the the period.
trial prosecutor
alone.
PURPOSE OF
ARRAIGNMENT AND
PLEA
1. Double jeopardy
to attach
2. Court can
proceed trial in
absentia in case
accused
absconds

WHERE SHOULD THE

ACCUSED BE
ARRAIGNED?
The accused
must be
arraigned before
the court where
the complaint
was filed or
assigned for trial

HOW IS ARRAIGNMENT
MADE?
Arraignment is made
1. In open court
2. By the judge or
clerk
3. By furnishing the
accused with a
copy of the
complaint or
information
4. Reading it in the
 language or arraignment
dialect known to
him X IS CHARGED WITH
5. Asking him HOMICIDE. HE PLEADS
whether he pleads GUILTY BUT PRESENTS
guilty or not guilty EVIDENCE TO
ESTABLISH SELF-
WHAT IS THE DEFENSE. WHAT
IMPORTANCE AND SHOULD THE COURT
SIGNIFICANCE OF THE DO?
REQUIREMENT UNDER The court should
SECTION 1(A)? withdraw the plea
It must be strictly and enter a plea of
complied with as not guilty
it is intended to
protect the WHEN SHOULD THE
constitutional ARRAIGNMENT BE
right of the HELD?
accused to be The general rule
informed of the is that the
nature and cause accused should
of the accusation be arraigned
against him within 30 days
The constitutional from the date
protection is part of the court
due process acquires
Failure to observe the jurisdiction over
rules necessarily the person of the
nullifies the accused.

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 55 of 120

The time of pendency identity of the

of a motion to quash or accused, to inform
a bill of particulars or him of the charge,
other cause justifying and to him an
suspension of the opportunity to
arraignment shall be plead.
excluded in computing
the period. DURING THE
However in the ARRAIGNMENT, IS THE
following cases, the JUDGE DUTY-BOUND TO
POINT OUT THAT AN
accused should be
INFORMATION IS
arranged within a
DUPLICITOUS?
shorter period, as
No, the judge has
required by law:
no obligation to
1. Where the
point out that an
complainant is
about to depart information is
from the duplicitous or to
Philippines with no point out any
definite date of other defect in an
return, the accused information during
should be arraignment
arraigned without The obligation to
delay and his trial move to quash a
should commence defective
within 3 days from information
arraignment belongs to the
2. The trial of cases accused, whose
under the Child failure to do so
Abuse Act requires constitutes a
that the trial should waiver of the right
be commenced to object
within 3 days from
arraignment
3. When the accused is under preventive detention, his
case
shall be raffled and its records transmitted to the judge
to X WAS TRIED FOR MURDER WITHOUT HAVING
BEEN ARRAIGNED.
whom the within 10
case is days from
raffled the date of
within 3 raffle.
days from
the filing of N.B:
the 1. Rearraignment
information needed for
or substitution
complaint. 2. Substantial
The accused amendment
shall be needs
arraigned rearraignment
 but formal arm of the State
amendment is mobilized
doesn’t against him. It is
necessary in
PRESENCE OF order to fix the
OFFENDED PARTY
1. Plea bargaining
2. Civil liability
3. Identification of
accused

WHAT IF PRIVATE
OFFENDED PARTY
FAILED TO ATTEND
DESPITE DUE NOTICE?
The accused
may be allowed
by the court to
plea guilty to a
lesser offense
which is
necessarily
included in the
offense charged
with the
conformity of
the prosecutor
alone

CAN THE LAWYER OF

THE ACCUSED ENTER
THE PLEA FOR HIM?
No, the accused
must enter the plea
himself

WHAT IS THE
IMPORTANCE OF
ARRAIGNMENT?
Arraignment is
the means for
bringing the
accused into
court and
informing him of
the nature and
cause of the
accusation
against him.
During
arraignment, he
is made fully
aware of
possible loss of
freedom or of
life. He is
informed why
the prosecuting
AT THE TRIAL, X’S presumed that a
COUNSEL PRESENTED person accused
WITNESSES AND of a crime was
CROSS-EXAMINED THE arraigned, in the
PROSECUTION absence of proof
WITNESSES. IT WAS to the contrary
ONLY AFTER THE CASE However, the
WAS SUBMITTED FOR presumption of
DECISION THAT X WAS regularity is not
ARRAIGNED. X WAS applied when
CONVICTED. CAN X
the penalty
INVOKE THE FAILURE
imposed is
OF THE COURT TO
ARRAIGN HIM BEFORE death
TRIAL FOR When the life of
QUESTIONING THE a person is at
CONVICTION? stake, the court
No, the failure of cannot presume
the court to that there was
arraign X before an arraignment,
trial was it has to be sure
conducted didn’t that there was
prejudice the one
rights of X since
he was able to IS THE ACCUSED
present ENTITLED TO KNOW IN
evidence and ADVANCE THE NAMES
OF ALL PROSECUTION
cross-examine
WITNESSES?
the witnesses of
Under the same
the prosecution
amended rules
The error was cured
on pre-trial, this
by the subsequent
would be up to
arraignment
the trial judge’s
discretion
IS THE ACCUSED
PRESUMED TO HAVE
BEEN ARRAIGNED IN X WAS CHARGED WITH
THE ABSENCE OF HOMICIDE. HE
PROOF TO THE ENTERED A PLEA OF
CONTRARY? NOT GUILTY. HE WAS
Yes LATER ALLOWED TO
TESTIFY IN ORDER TO
In view of the
PROVE THE
presumption of
MITIGATING
regularity in the
CIRCUMSTANCE OF
performance of INCOMPLETE SELF-
official duties, it
can be

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 56 of 120

X.
Since there was no
valid plea, there can
DEFENSE. AT THE be no double
TRIAL, HE PRESENTED jeopardy
EVIDENCE TO PROVE
THAT HE ACTED IN CAN A PERSON WHO
COMPLETE SELF PLEADED GUILTY STILL
DEFENSE. THE COURT BE ACQUITTED?
ACQUITTED HIM. Yes, when an
LATER, X WAS AGAIN accused pleads
CHARGED WITH guilty, it doesn’t
PHYSICAL INJURIES. X necessarily
INVOKED DOUBLE follow that he is
JEOPARDY. CAN X BE convicted
PROSECUTED AGAIN Additional
FOR PHYSICAL evidence
INJURIES? independent of
Yes. There was the guilty plea
no double may be
jeopardy. In considered by
order for double the judge to
jeopardy to ensure that the
attach, there plea of guilt was
must have been intelligently
a valid plea to made
the first offense. The totality of
In this case, the evidence should
presentation by determine
X of evidence to whether the
prove self- accused should
defense had the be convicted or
effect of acquitted
vacating the
plea of guilt WHAT HAPPENS IF THE
When the plea ACCUSED REFUSES TO
of guilt was ENTER ANY PLEA?
vacated, the The court may
court should validly enter a
have ordered plea of guilty for
him to plead the accused who
again, or at least refuses to plead
should have
directed that a Sec. 2. Plea of guilty
new plea of not to a lesser offense. –
guilty be At arraignment, the
entered for him accused, with the
Because the consent of the
court didn’t do offended party and
this, at the time prosecutor, may be
of the acquittal, allowed by the trial
there was court to plead guilty to
actually no a lesser offense which
standing plea for is necessarily included
in the offense
charged. After
arraignment but
before trial, the
3. Offende
accused may still be
d party
allowed to plead guilty
and
to said lesser offense
prosecu
after withdrawing his
tor
plea of not guilty. No
must
amendment of the
consent
complaint or
to such
information is
plea
necessary.
4. If
offende
WHAT SHOULD BE
d party
DONE IF THERE IS A
is
PLEA TO A LESSER
absent
OFFENSE?
despite
WHEN CAN THE due
ACCUSED PLEAD notice,
GUILTY TO A LESSER the
OFFENSE? court
During arraignment may
1. Offende allow
d party accuse
and d to
prosecu plead
tor to a
must lesser
be offense
present After arraignment
2. Lesser and before trial
offense 1. Withdra
must w the
necess plea of
arily be not
include guilty
d in the 2. Private
original offende
offense d party
charge and
d prosecu
tor
must
give
consent
to the
plea to
lesser
offense
3. If
private
offende
d party
is
absent
despite
due
notice,
 court COURT DO WHEN THE
may ACCUSED PLEADS
allow GUILTY TO A CAPITAL
accuse OFFENSE?
d to When the
plea to accused pleads
lesser guilty to a
offense capital offense,
4. Enter the court should
plea for 1. Conduc
the t a
lesser searchi
offense ng
When the inquiry
penalty into the
imposable for volunta
the offense is at riness
least 6 years and full
and 1 day or a compre
fine exceeding hension
P12000, the of the
prosecutor must conseq
first submit his uences
recommendation of the
to the City or plea
Provincial or the 2. Require
Chief State the
Prosecutor for prosecu
tion to
approval. If the
present
recommendation
evidenc
is approved, the e to
trial prosecutor prove
may then the
consent to the guilt
plea of guilty to and the
a lesser offense. precise
degree
Sec. 3. Plea of guilty of
to capital offense; culpabil
reception of evidence. ity of
– When the accused the
pleads guilty to a accuse
capital offense, the d for
court shall conduct a the
searching inquiry into purpose
the voluntariness and of
full comprehension of imposin
the consequences of g the
his plea and shall proper
require the penalty
prosecution to prove 3. Ask the
his guilt and the accuse
precise degree of d if he
culpability. The desires
accused may present to
evidence in his behalf. present
evidenc
WHAT SHOULD THE e in his
 behalf IMPROVIDENT PLEA?
and Plea involuntarily
allow made and without
him to consent
do so if It would be
he considered if
desires there was failure
Mandatory for to conduct
the court to searching
conduct the inquiry, failure of
searching prosecution to
inquiry present
otherwise, there evidence, no
would be an rational basis
improvident plea between
testimony and
WHAT IS AN
guilt

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 57 of 120

plea of
guilty
volunta
rily and
DOES A PLEA OF
intellige
GUILTY MEAN AN
ntly
ADMISSION EVEN OF
2. That he
THE AGGRAVATING
is truly
CIRCUMSTANCES?
guilty
Yes
3. That
A plea of guilty there
results in the exists a
admission of all rational
the material basis
facts in the for a
complaint or finding
information, of guilt
including the based
aggravating on his
circumstances testimo
It is tantamount to a ny
judicial confession of In addition, the
guilt judge must
Because of this, inform the
the court should accused of the
only accept a exact length of
clear, definite, imprisonment
and and the
unconditional certainty that he
plea of guilt will serve it at
the national
WHEN CAN THE PLEA penitentiary or a
OF GUILTY BE penal colony.
CONSIDERED A The judge must
MITIGATING dispel any false
CIRCUMSTANCE? notion that the
It is mitigating if accused may
made before the have that he will
prosecution get off lightly
starts to present because of his
evidence plea of guilty

WHAT IS THE MEANING IS IT MANDATORY FOR

OF THE DUTY OF THE THE PROSECUTION TO
JUDGE TO CONDUCT A PRESENT PROOF OF
SEARCHING INQUIRY? AGGRAVATING
In all cases, the CIRCUMSTANCES?
judge must convince Yes, it is
himself mandatory in
1. That order to
the establish the
accuse precise degree
d is of culpability
enterin and the
g the
 imposable
penalty
Otherwise, there is
an improvident plea N.B: there could only be
of guilty a valid conviction with a
valid plea
CAN A COURT VALIDLY
CONVICT AN ACCUSED Sec. 4. Plea of guilty
BASED ON AN to non-capital offense;
IMPROVIDENT PLEA OF reception of evidence,
GUILTY? discretionary. – When
Yes the accused pleads
If there is guilty to a non-capital
adequate offense, the court may
evidence of the receive evidence from
guilt of the the parties to
accused determine the penalty
independent of to be imposed.
the improvident
plea of guilty, WHAT SHOULD THE
the court may COURT DO WHEN THE
still convict the ACCUSED PLEADS
accused GUILTY TO A NON-
The conviction CAPITAL OFFENSE?
will be set aside The court may
only if the plea receive evidence
of guilt is the from the parties
sole basis of the to determine the
judgment penalty to be
imposed
Unlike in a plea
of guilty to a
capital offense,
the reception of
evidence in this
case is not
mandatory
It is merely
discretionary on the
court

WHEN CAN THE

VALIDITY OF PLEA OF
GUILTY BE ATTACKED?
Generally, a plea
of guilty cannot
be attacked if it
is made
voluntarily and
intelligently
It can only be
attacked if it
was induced by
threats,
misrepresentatio
n, or bribes
When the
 consensual MATTER OF RIGHT?
character of the No, the
plea is called withdrawal of
into question or the plea of guilty
when it is shown is not a matter
that the of strict right to
defendant was the accused but
not fully is within the
apprised of the discretion of the
consequences, court.
the plea can be The reason
challenged behind this is
that trial has
Sec. 5. Withdrawal of already
improvident plea of commenced and
guilty.– At any time will put all of the
before the judgment past
of conviction becomes proceedings to
final, the court may waste.
permit an improvident Therefore, the
plea of guilty to be plea may only
withdrawn and be be withdrawn
substituted by a plea with permission
of not guilty. of the court.
Moreover, there
NOTE: The tenor of is presumption
above provision is clear. that the plea
There should be a
was made
categorical declaration
voluntarily. The
from the accused that he
court must
is withdrawing his plea of
guilty and substituting it decide whether
with a plea of not guilty. the consent of
the accused was
CAN AN IMPROVIDENT in fact vitiated
PLEA OF GUILTY BE when he entered
WITHDRAWN AS A his plea.

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 58 of 120

WHAT IS THE FOUR-

FOLD DUTY OF THE
X IS CHARGED WITH COURT?
HOMICIDE. HE PLEADS 1. It must inform
GUILTY, BUT TELLS the defendant
THE JUDGE HINDI NIYA that he has a
SINASADYA. IS HIS right to an
PLEA VALID? attorney before
being arraigned
No. In order to
2. After informing
be valid, the
him, the court
plea of guilty must ask the
must be defendant if he
unconditional. In desires to have
this case, X said the aid of an
hindi niya attorney
sinasadya. This 3. If he desires and
is not a valid is unable to
plea employ an
of guilty. A plea attorney, the
of not guilty court must
should be assign an
entered instead. attorney de
officio to defend
MAY AN ACCUSED BE him
ALLOWED TO CHANGE 4. If the accused
HIS PLEA OF NOT desires to
GUILTY EVEN AFTER procure an
THE PROSECUTION attorney of his
HAD RESTED ITS own, the court
CASE? must grant him
The trial court a reasonable
may allow the time to procure
accused to plead one
guilty to a lesser
offense WHAT IS THE REASON
FOR THE FOUR-FOLD
Sec. 6. Duty of court DUTY?
to inform accused of The right to be
his right to counsel. – heard would be
Before arraignment, of little avail if it
the court shall inform doesn’t include
the accused of his the right to be
right to counsel and heard by
ask him if he desires counsel
to have one. Unless
the accused is allowed WHAT IS THE EFFECT
to defend himself in OF THE FAILURE OF
person or has THE COURT TO
employed counsel of COMPLY WITH THESE
his choice, the court DUTIES?
must assign a counsel It is a violation of
de officio to defend due process
him.
Sec. 7. Appointment of
counsel de officio. –
The court, considering
the gravity of the
offense and the
Sec. 8. Time for
difficulty of the
counsel de officio to
questions that may
prepare for
arise, shall appoint as
arraignment. –
counsel de officio such
Whenever a counsel
members of the bar in
de office is appointed
good standing who, by
by the court to defend
reason of their
the accused at the
experience and ability,
arraignment, he shall
can competently
be given a reasonable
defend the accused.
time to consult with
But in localities where
the accused as to his
such members of the
plea before
bar are not available,
proceeding with the
the court may appoint
arraignment.
any person, resident
of the province and of
good repute for WHAT IS A COUNSEL
probity and ability, to DE OFFICIO?
defend the accused. A counsel de
officio is the
counsel
appointed by the
court to
represent and
defend the
accused in case
he cannot afford
to employ one
himself

WHO CAN BE
APPOINTED 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
1. A
membe
r of the
bar in
good
standin
g
2. And
such
membe
r, by
 reason court has the
of affirmative duty
his/her to inform the
experie accused of his
nce and right to counsel
ability, and to provide
can him with one in
compet case he cannot
ently afford it
defend
The court must
the
act on its own
accuse
volition unless
d
the right is
ONLY DURING
waived by the
TRIAL: But, in
accused
localities where
On the other
such members
hand, during
of the bar are
trial, it is the
not available,
accused who
the court may
must assert his
appoint any
right to counsel.
person who is—
The court will
1. A
residen not act unless
t of the the accused
provinc invokes his
e rights.
2. And of
good CAN A NON-LAWYER
repute REPRESENT THE
for ACCUSED DURING
probity ARRAIGNMENT?
and No, during the
with arraignment, it
ability is the obligation
to of the court to
defend ensure that the
the accused is
accuse represented by
d a lawyer
because it is the
WHAT IS THE first time when
DIFFERENCE BETWEEN the accused is
THE DUTY OF THE informed of the
COURT TO APPOINT nature and
COUNSEL DE OFFICIO cause of the
DURING accusation
ARRAIGNMENT AND against him.
DURING TRIAL?
This is a task which
During
only a lawyer can do.
arraignment, the

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 59 of 120

PRACTICE OF LAW
UNDER THE DOCTRINE
IN CAYETANO V.
MONSOD?
But during trial,
No, this is an
there is no such
exercise of a
duty. The
constitutional right.
accused must
ask for a lawyer,
Sec. 9. Bill of
or else, the right particulars. – The
is deemed accused may, before
waived. He can arraignment, move for
even defend a bill of particulars to
himself enable him properly to
personally. plead and prepare for
trial. The motion shall
MAY AN ACCUSED BE specify the alleged
VALIDLY defects of the
REPRESENTED BY A complaint or
NON-LAWYER AT THE information and the
TRIAL? details desired.
If the accused
knowingly WHAT IS A BILL OF
engaged the PARTICULARS?
service of the It is a more specific
non-lawyer, he allegation
is bound by the A defendant in a
non-lawyer’s criminal case
actions who believes
But if he didn’t that he is not
know that he sufficiently
was represented informed of the
by a non-laywer, crime with which
the judgment is he is charged
void because of and is not in a
the position to
misrepresentatio defend himself
n properly and
adequately
N.B: In MTCs, one can could move for a
defend himself or by a bill of particulars
non-lawyer. or specifications

WHAT ARE THE WHAT IS THE PURPOSE

CONSEQUENCES IF OF A BILL OF
REPRESENTED BY A PARTICULARS?
NON-LAWYER? It is to allow the
1. He is bound by accused to prepare
the rules for his defense
2. He cannot raise
right to counsel WHEN CAN AN
ACCUSED MOVE FOR A
SUPPOSE X DEFENDS BILL OF PARTICULARS?
HIMSELF. IS THIS The accused
CONSIDERED A
 must move for a
bill of particulars
before
arraignment It should specify
Otherwise, the the alleged
right is deemed defects of the
waived complaint or
information and
WHAT SHOULD BE the details
CONTAINED IN THE
desired
MOTION FOR A BILL OF
PARTICULARS?
Sec. 10. Production or
inspection of material
evidence in possession
of prosecution. – Upon
motion of the accused
showing good cause
and with notice to the
parties, the court, in
order to prevent
surprise, suppression,
or alteration, may
order the prosecution
to produce and permit
the inspection and
copying or
photographing of any
written statement
given by the
complainant and other
witnesses in any
investigation of the
offense conducted by
the prosecution or
other investigating
officers, as well as any
designated
documents, papers,
books, accounts,
letters, photographs,
object, or tangible
things not otherwise
privileged, which
constitute or contain
evidence material to
any matter involved in
the case and which are
in the possession or
under the control of
the prosecution,
police, or other law
investigating
agencies.

WHAT IS THE RIGHT

TO MODES OF
DISCOVERY?
It is the right of
 the accused to Yes
move for the When
production or indispensable to
inspection of protect his
material constitutional
evidence in the right to life,
possession of liberty and
the prosecution property
It authorizes the
defense to Sec. 11. Suspension of
inspect, copy, or arraignment. – Upon
photograph any motion by the proper
evidence of the party, the arraignment
prosecution in shall be suspended in
its possession the following cases:
after obtaining
permission of (a) The accused
the court appears to be
suffering from an
WHAT IS THE PURPOSE unsound mental
condition which
OF THIS RIGHT?
effectively renders him
The purpose is
unable to fully
to prevent
understand the charge
surprise to the
against him and to
accused and the plead intelligently
suppression or thereto. In such case,
alteration of the court shall order
evidence his mental
examination and, if
IS THIS RIGHT necessary, his
AVAILABLE DURING confinement for such
PRELIMINARY purpose;
INVESTIGATION?

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 60 of 120

pending at
either the
Department of
Justice, or the
Office of the
(b) There exists a
President;
prejudicial
provided, that
question; and
the period of
suspension shall
(c) A petition for not exceed sixty
review of the (60) days
resolution of the counted from
prosecutor is pending
the filing of the
at either the
petition with the
Department of Justice,
reviewing office.
or the Office of the
President; provided,
WHAT IS THE TEST TO
that the period of
DETERMINE WHETHER
suspension shall not
THE INSANITY OF THE
exceed sixty (60) days
ACCUSED SHOULD
counted from the filing
WARRANT THE
of the petition with
SUSPENSION OF
the reviewing office.
PROCEEDINGS?
The test is
WHAT ARE THE
whether the
GROUNDS FOR
accused will
SUSPENDING
ARRAIGNMENT? have a fair trial
1. The accused with the
appears to be assistance of
suffering from counsel, in spite
an unsound of his insanity
mental condition Not every
which effectively aberration of the
renders him mind or
unable to fully exhibition of
understand the mental
charge against deficiency is
him and to plead sufficient to
intelligently justify
thereto. In such suspension
case, the court
shall order his RUL
mental E
examination 117
and, if -
necessary, his MOT
confinement for ION
such purpose; TO
2. There exists a QUA
prejudicial SH
question; and
3. A petition for Section 1. Time to
review of the move to quash. – At
resolution of the any time before
prosecutor is entering his plea, the
accused may move to
quash the complaint
or information.
Yes. There is no
WHEN CAN THE
inconsistency
ACCUSED FILE A
MOTION TO QUASH? that exists
At any time between an
before entering application of an
the plea, the accused for bail
accused may and his filing of
move to quash a motion to
the complaint or quash.
information
Sec. 2. Form and
contents. – The motion
AN INFORMATION WAS
to quash shall be in
FILED AGAINST X. X
writing, signed by the
FILED A MOTION TO
accused or his counsel
QUASH AS THE FACTS
and shall distinctly
IN THE INFORMATION
specify its factual and
DIDN’T CONSTITUTE
legal grounds. The
AN OFFENSE. THIS
court shall consider no
WAS FILED TOGETHER
ground other than
WITH AN APPLICATION
those stated in the
FOR BAIL. IS THIS
motion, except lack of
VALID?
jurisdiction over the
offense charged.

WHAT IS THE FORM

REQUIRED FOR A
MOTION TO QUASH?
1. It must be in
writing
2. It must be
signed by the
accused or his
counsel
3. It must specify
its factual and
legal grounds

Sec. 3. Grounds. – The

accused may move to
quash the complaint
or information on any
of the following
grounds:

(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 extinguished;
trying the case has no
jurisdiction over the (h) That it
person of the accused; contains averments
which, if true, would
(d) That the constitute a legal
officer who filed the excuse or justification;
information had no and
authority to do so;
(i) That the
(e) That it does not accused has been
conform previously convicted
substantially to or acquitted of the
the prescribed offense charged, or
form; the case against him
was dismissed or
(f) That more otherwise terminated
than one offense is without his express
charged except when consent.
a single punishment
for various offenses is WHAT ARE THE
prescribed by law; GROUNDS THAT THE
ACCUSED MAY INVOKE
(g) That the criminal TO QUASH A
action or liability COMPLAINT OR
has been INFORMATION?

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 61 of 120

or otherwise
terminated
without the
consent of the
1. That the facts
accused
charged don’t
constitute an
CAN THE COURT
offense
DISMISS THE CASE
2. That the court
BASED ON GROUNDS
trying the case
THAT ARE NOT
doesn’t have
ALLEGED IN THE
jurisdiction over
MOTION TO QUASH?
the offense
3. That the court The general rule
trying the case is no, the court
doesn’t have cannot consider
jurisdiction over any ground
the accused other than those
4. That the officer stated in the
who filed the motion to quash.
information The exception is
didn’t have the lack of
authority to do jurisdiction over
so the offense
5. That it doesn’t charged. If this
conform is the ground for
substantially to dismissing the
the form case, it need not
subscribed be alleged in the
6. That more than motion to quash
one offense is since it goes into
charged except the very
when a single competence of
punishment for
the court to pass
various offenses
upon the case.
is prescribed by
law
7. That criminal X FILED A MOTION TO
liability or action QUASH AN
has been INFORMATION ON THE
extinguished GROUND THAT HE WAS
8. That it contains IN THE US WHEN THE
averments CRIME CHARGED WAS
which, if true, COMMITTED. SHOULD
would constitute THE MOTION BE
a legal excuse or GRANTED?
justification The motion should
9. That the be denied
accused has The accused is
been previously already making a
convicted or defense
acquitted of the Matters of
offense charged, defense are
or the case generally not a
against him has ground for a
been dismissed motion to quash
 they should be
presented at the
trial
matters of
WHAT IS MEANT BY defenses, which
THE STATEMENT THAT are not in the
A MOTION TO QUASH information
HYPOTHETICALLY should not be
ADMITS ALLEGATIONS considered
OF FACT IN THE The exceptions
INFORMATION? to the rule are
It means that when the
the accused grounds invoked
argues that to quash the
assuming that information are
the facts extinction of
charged are criminal liability,
true, the prescription, and
information former jeopardy.
should still be In these cases,
dismissed based additional facts
on the ground are allowed.
invoked by the
defendant. CAN THE ACCUSED
Therefore, since MOVE TO QUASH ON
the defendant THE GROUND THAT HE
assumes that IS DENIED DUE
the facts in the PROCESS?
information are No, denial of due
true, only these process is not
facts should be one of the
taken into grounds for a
account and the motion to quash
court resolves
the motion to WHAT IS THE TEST TO
quash. Other DETERMINE THE
facts, such as VALIDITY OF A
MOTION TO QUASH ON
THE GROUND THAT
THE FACTS AVERRED
IN THE INFORMATION
DON’T AMOUNT TO AN
OFFENSE?
The test is
whether the
facts alleged
would establish
the essential
elements of the
crime as defined
by law, and in
this
examination,
matters aliunde
are not
considered
X FILED A MOTION TO Civil Procedure,
QUASH ON THE the inclusion of
FOLLOWING other grounds
GROUNDS: THAT THE aside from lack
COURT LACKED of jurisdiction
JURISDICTION OVER over the person
THE PERSON OF THE of the defendant
ACCUSED AND THAT in a motion to
THE COMPLAINT dismiss shall not
CHARGED MORE THAN
be considered as
ONE OFFENSE. CAN
a voluntary
THE COURT GRANT
THE MOTION ON THE appearance.
GROUND OF LACK OF
JURISDICTION? WHAT IS THE EFFECT
OF AN INFORMATION
In the past, the
THAT WAS SIGNED BY
answer would
AN UNAUTHORIZED
have been no
PERSON?
since the SC
A valid
ruled in several
information
cases then that
must be signed
the motion to
by a competent
quash on the
officer, which,
ground of lack of
among other
jurisdiction over
requisites,
the person of
confers
the accused
jurisdiction over
must be based
the person of
only on this
the accused and
ground. If other
the subject
grounds are
matter of the
included, there
accusation
is waiver, and
Thus, an
the accused is
infirmity in the
deemed to have
information such
submitted
as the lack of
himself to the
authority of the
jurisdiction of
officer signing it
the court.
cannot be cured
The new rule, by silence,
based on the acquiescence,
decisions of the express consent,
SC on Section 20 or even
of Rule 14 of the amendment.
1997 Rules of

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 62 of 120

objection, it is deemed
waived upon plea

It is an invalid HOW IS CRIMINAL

LIABILITY
information and
EXTINGUISHED?
cannot be the
Under Article 89 of the
basis of criminal
RPC, criminal liability
proceedings.
is extinguished by
A motion to quash
1. The
would prosper
death of
the
WHAT HAPPENS IF THE convict
DEFENDANT ENTERS 2. Service
HIS PLEA BEFORE of
FILING A MOTION TO sentence
QUASH? 3. Amnesty
By entering his 4. Absolute
plea before filing pardon
the motion to 5. Prescripti
quash, the on of the
defendant crime
waives the 6. Prescripti
formal objectives on of the
to the complaint penalty
or information 7. Marriage
But if the ground by the
for the motion is offended
any of the woman
following below, as
there is no provided
waiver. The in Article
following 344 of
grounds may be the RPC
raised at any
stage of the X AND Y WERE
proceeding: CHARGED WITH
1. Failure ADULTERY. WHILE THE
to CASE IS BEING TRIED, X
charge DIED. WHAT HAPPENS
an TO THE CRIMINAL
offense LIABILITY OF Y?
2. Lack of T
jurisdict h
ion over e
the
offense c
3. Extincti r
on of i
criminal m
liability i
4. Double n
jeopard a
y l
Note: if it is a formal
l
i Y
a
b s
i u
l b
i s
t i
y s
t
o s
f
The death of one
X of several
accused will not
i be a cause for
s dismissal of the
criminal action as
e against the other
x accused
t
i WHAT IS THE EFFECT
n OF THE DEATH OF THE
g OFFENDED PARTY ON
u THE CRIMINAL
i LIABILITY OF THE
s ACCUSED?
h Where the
e offense charged
d in a criminal
. complaint or
information is one
T against the state,
h involving peace
e and order, the
death of the
c offended party
r before final
i conviction of the
m defendant will not
i abate the
n prosecution.
a
l

l
i
a
b
i
l
i
t
y

o
f
 WHAT ARE THE
DISTINCTIONS
BETWEEN PARDON
AND AMNESTY?
Neither does
AMNESTY
the death of
the offended As to type of offense Public crimes
party in
private Grantee Classes of person
crimes abate
the As to the need of Necessary
prosecution. Congress’ concurrence
Act of grantee The grantee ne
WHAT ARE THE accept
MEANS BY WHICH
CRIMINAL LIABILITY As to judicial notice Courts take
IS PARTIALLY notice because it
EXTINGUISHED? public act
Criminal
liabilit
y is
partial
ly As to effect Abolishes the offe
exting
uished
by any When it may be Before or
of the granted conviction
followi
ng o WHAT IS THE EFFECT
Condit OF PARDON BY THE
ional OFFENDED PARTY
pardo UPON CRIMINAL
n LIABILITY?
o As a general
rule, pardon by
Commutati the offended
on of party doesn’t
sentence extinguish
o For criminal
good liability
cond
Only civil
uct,
allow liability is
ance extinguished
s by express
whic waiver of the
h the offended party
culpr —THERE IS NO
it EXTINCTION
may OF CRIMINAL
earn LIABILITY
while SINCE IN
he is
CRIMES,
servi
ng THERE ARE
his TWO
sent OFFENDED
ence PARTIES
BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010
CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 63 of 120

accomplices,
and
accessories
However, However,
pardon granted where multiple
before the rape is
institution of committed,
the criminal marriage of the
proceedings in offended party
cases of with one
adultery, defendant
concubinage, extinguishes
seduction, the latter’s
abduction, and liability and
acts of that of his
lasciviousness accessories or
shall accomplices
extinguish for a single
criminal crime of rape
liability cannot extend
to the other
WHY IS THERE NO acts of rape
EXTINCTION OF
CRIMINAL LIABILITY? IF THE OFFENDED IN
Remember RAPE IS THE LEGAL
that in a HUSBAND OF THE
OFFENDED PARTY,
criminal case,
HOW CAN THE
there are two
HUSBAND’S
offended
CRIMINAL LIABLITY
parties. The BE EXTINGUISHED?
pardon given The
by the subsequent
offended party forgiveness by
would relate the wife shall
only to the civil extinguish the
liability and not criminal action
the criminal or the penalty
aspect. But the penalty shall
not be abated if the
WHAT IS THE EFFECT marriage is void ab
OF MARRIAGE OF THE
initio
OFFENDED WITH THE
OFFENDED PARTY IN
WHY IS PRESCRIPTION
PRIVATE CRIMES?
A GROUND FOR A
It shall
MOTION TO QUASH?
extinguish the
This is meant
criminal action
to exhort the
or remit the
prosecution
penalty
not to delay;
already
otherwise, they
imposed—this
will lose the
implies to co-
right to
principals,
prosecute
 It is also meant to
secure the best
evidence that can be
obtained
Oral defamation or slander by deed 1 ye
WHAT ARE THE
PRESCRIPTIVE
PERIODS OF CRIMES? Light offenses 6 mo
OFFENSE
Those punishable by
FOR CRIMINAL
reclusion perpetua, reclusion
OFFENSES, WHEN
temporal
DOES THE PERIOD
FOR PRESCRIPTION
Those punishable by other afflictive
COMMENCE?
penalties The period of
prescription
Those punishable by arresto mayor with respect to
criminal
Libel or other similar offenses offenses or run
from the day
on which the
crime is
discovered by
the offended
parties, the
authorities, or
their agents

CAN THE ACCUSED

STILL RAISE
PRESCRIPTION AS A
DEFENSE EVEN
AFTER CONVICTION?
The accused
can still raise
prescription as
a defense even
after
conviction
The defense cannot
be waived
This is because
the criminal
action is totally
extinguished
by the
expiration of
the
prescriptive
period
The state
thereby loses
or waives the
right to
prosecute and
punish it
 liability might
WHAT IS THE PROPER arise didn’t
ACTION OF THE exist
COURT WHEN THE
ACCUSED RAISES THE WHEN IS IT POSSIBLE
DEFENSE OF FOR THE PRIVATE
PRESCRIPTION? OFFENDED PARTY BE
The proper NOT ABLE TO
action for the RECOVER FROM CIVIL
court is to LIABILITY?
exercise its W
jurisdiction and h
to decide the e
case upon the n
merits, holding
the action to t
have h
prescribed and e
absolving the
defendant c
The court i
should not v
inhibit itself i
because it l
doesn’t lose
jurisdiction a
over the c
subject matter t
or the person i
of the accused o
by prescription n

WHAT IS THE EFFECT h

OF PRESCRIPTION OF a
THE OFFENSE ON THE s
CIVIL LIABILITY OF
ACCUSED? p
The extinction r
of the criminal e
action doesn’t s
carry with it c
the extinction r
of the civil i
action to b
enforce civil e
liability arising d
from the
offense Q
charged, u
unless the a
extinction s
proceeds from i
a declaration in -
a final d
judgment that e
the fact from l
which the civil i
 c y
t e
s a
: r
s
4
Obligation from law:
10 years

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 64 of 120

DON’T CONSTITUTE AN
OFFENSE?
The court should
give the
prosecution the
Sec. 4. Amendment of
complaint or opportunity to
information. – If the correct the
motion to quash is defect by
based on an alleged amendment
defect of the If the
complaint or prosecution fails
information which can to make the
be cured by amendment, or
amendment, the court if, after it makes
shall order that an the amendment,
amendment be made. the complaint or
information still
If it is based on the suffers from the
ground that the facts same defect, the
charged do not court should
constitute an offense, grant or sustain
the prosecution shall the motion to
be given by the court quash
an opportunity to
correct the defect by Sec. 5. Effect of
amendment. The sustaining the motion
motion shall be to quash. – If the
granted if the motion to quash is
prosecution fails to sustained, the court
make the amendment, may order that
or the complaint or another complaint or
information still information be filed
suffers from the same except as provided in
defect despite the section 6 of this rule.
amendment. If the order is made,
the accused, if in
WHAT SHOULD THE custody, shall not be
COURT DO IF THE discharged unless
ACCUSED MOVES TO admitted to bail. If no
QUASH THE order is made or if
COMPLAINT OR having been made, no
INFORMATION ON new information is
GROUNDS THAT CAN filed within the time
BE CURED BY specified in the order
AMENDMENT? or within such further
The court should time as the court may
order that the allow for good cause,
amendment be made the accused, if in
custody, shall be
WHAT SHOULD THE discharged unless he
COURT DO IF THE is also in custody of
ACCUSED MOVES TO another charge.
QUASH ON THE
GROUND THAT THE Sec. 6. Order
FACTS CHARGED sustaining the motion
to quash not a bar to
another prosecution;
exception. – An order
sustaining the motion
WHAT IS THE EFFECT
to quash is not a bar
IF A MOTION TO
to another prosecution
QUASH IS SUSTAINED?
for the same offense
The court may
unless the motion was
based on the grounds order that
specified in section 3 another
(g) and (i) of this Rule. complaint or
information be
filed against the
accused for the
same offense
except if the
ground forn
sustaining the
motion to quash
is either the
extinguishment
of the criminal
liability or
double jeopardy.
The grant of
motion to quash
on these 2
grounds is a bar
to another
prosecution for
the same
offense. If the
order is made,
the accused, if
in custody, shall
not be
discharged
unless admitted
to bail. If no
order is made,
or if no new
information was
filed within the
time specified
by the court, the
accused, shall
be discharged

IF THE MOTION TO
QUASH IS DENIED,
CAN THE ACCUSED
APPEAL THE ORDER?
The accused
cannot appeal
an order
overruling his
motion to quash
because an
 order denying a Sec. 7. Former
motion to quash conviction or
is interlocutory acquittal; double
It doesn’t dispose of jeopardy. – When an
the case upon its accused has been
merits convicted or
acquitted, or the case
WHAT DOES against him dismissed
INTERLOCUTORY or otherwise
MEAN? terminated without his
Case has not been express consent by a
dispensed with court of competent
jurisdiction, upon a
valid complaint or
WHAT IS THE REMEDY
information or other
OF THE ACCUSED IF
formal charge
THE COURT DENIED
sufficient in form and
HIS MOTION TO
substance to sustain a
QUASH?
conviction and after
1. Accused should
the accused had
plead
pleaded to the charge,
2. Proceed to trial
the conviction or
without
acquittal of the
prejudice to
accused or the
present the
dismissal of the case
special defenses
he invoked in his shall be a bar to
motion another prosecution
for the offense
3. If after trial on
charged, or for any
the merits an
attempt to commit the
adverse decision
same or frustration
is rendered, he
thereof, or for any
can appeal from
offense which
the judgment of
necessarily includes or
conviction, and
is necessarily included
interpose the
in the offense charged
denial of the
in the former
motion as an
complaint or
error
information.

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 65 of 120

AND WHAT IS THE

RULE ON DOUBLE
JEOPARDY?
Jeopardy is the
However, the
conviction of the peril in which a
accused shall not be a person is placed
bar to another when he is
prosecution for an regularly
offense which charged with a
necessarily includes crime before a
the offense charged in tribunal properly
the former complaint organized and
or information under competent to try
any of the following him
instances: The rule on
double jeopardy
(a) the graver means that
offense developed due when a person is
to supervening facts charged with an
arising from the same offense and the
act or omission case is
constituting the terminate either
former charge;
by conviction or
acquittal, or in
(b) the facts
any other
constituting the
manner without
graver charge became
known or were the consent of
discovered only after a the accused, the
plea was entered in latter cannot
the former complaint again be
or information; or charged with the
same or
(c) the plea of identical offense
guilty to the lesser
offense was made WHAT ARE THE 2
without the consent of KINDS OF JEOPARDY?
the prosecutor and of 1. That no person
the offended party shall be put
except as provided in twice in
section 1(f) of Rule jeopardy for the
116. same offense
2. If an act is
In any of the punished by a
foregoing cases, law and an
where the accused ordinance,
satisfies or serves in conviction or
whole or in part the acquittal under
judgment, he shall be either shall
credited with the same constitute a bar
in the event of to another
conviction for the prosecution for
graver offense. the same act

WHAT IS JEOPARDY WHAT ARE THE

REQUISITES FOR THE
ACCUSED TO RAISE
THE DEFENSE OF
DOUBLE JEOPARDY?
in the first
1. A first jeopardy
information or is
must have
an attempt to
validly attached
commit the
prior to the
offense or a
second
frustration
2. The first
thereof
jeopardy must
have been
validly WHAT ARE THE
terminated REQUISITES FOR THE
3. The second FIRST JEOPARDY TO
jeopardy must ATTACH?
be for the same 1. There is a valid
offense or the complaint or
second offense information
includes or is 2. Court of
necessarily competent
included in the jurisdiction
offense charged 3. Arraignment
4. Plea
5. The defendant is
acquitted,
convicted, or the
case was
dismissed or
terminated
without his
express consent

N.B: The judgment

should not only be final
and executory but also
be promulgated before
there could be a valid
jeopardy.

IS THERE AN
EXCEPTION TO THE
FOREGOING RULE?
There are two
exceptions to
the foregoing
rule, and double
jeopardy may
attach even if
the dismissal of
the case was
with the consent
of the accused—
1. If there
is
insuffici
ency of
evidenc
e to
 support Pasay has no
the jurisdiction,
charge therefore, the
against accused was in
him, no danger of
and being placed in
2. Where jeopardy
there The first jeopardy
has didn’t validly attach
been
an
FOR PURPOSES OF
unreaso DOUBLE JEOPARDY,
nable WHEN IS A COMPLAINT
delay in OR INFORMATION
the VALID?
procee
A complaint or
dings,
information is
in
valid if it can
violatio
support a
n of the
accuse judgment of
d’s conviction
right to If the complaint
speedy or information is
trial not valid, it
would violate
A CRIME WAS the right of the
COMMITTED IN accused of the
MAKATI. THE CASE nature and
WAS FILED IN PASAY. cause of the
WHEN THE accusation
PROSECUTION against him
REALIZED THAT THE If he is convicted
COMPLAINT SHOULD under this
HAVE BEEN FILED IN complaint or
MAKATI, IT FILED THE information, the
CASE IN MAKATI. CAN conviction is null
THE ACCUSED INVOKE and void and
DOUBLE JEOPARDY? hence there is
No, the court in no first jeopardy

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 66 of 120

estafa is not an
offense which is
included or
X WAS CHARGED WITH necessarily
QUALIFIED THEFT. X includes theft, X
MOVED TO DISMISS can still be
ON THE GROUND OF prosecuted for
INSUFFICIENCY OF estafa without
INFORMATION. THE placing him in
CASE WAS DISMISSED. double jeopardy
SUBSEQUENTLY, THE
PROSECUTION FILED A THE ESTAFA CASE
CORRECTED AGAINST C WAS
INFORMATION. CAN X DISMISSED BUT THE
PLEAD DOUBLE DISMISSAL
JEOPARDY? CONTAINED A
No, the first RESERVATION OF THE
jeopardy didn’t RIGHT TO FILE
attach because ANOTHER ACTION.
the first CAN ANOTHER ESTAFA
information was CASE BE FILED
not valid AGAINST X WITHOUT
PLACING HIM IN
X WAS CHARGED WITH DOUBLE JEOPARDY?
THEFT. DURING THE Yes
TRIAL, THE To raise the
PROSECUTION WAS defense of
ABLE TO PROVE double jeopardy,
ESTAFA. X WAS the first
ACQUITTED OF THEFT. jeopardy must
CAN X BE have been
PROSECUTED FOR validly
ESTAFA LATER terminated\
WITHOUT PLACING This means that
HIM IN DOUBLE there must have
JEOPARDY? been either a
Yes conviction or
For jeopardy to acquittal, or an
attach, the basis unconditional
is the crime dismissal of the
charged in the case
complaint or A provisional
information, and dismissal, such
the one proved as this one,
at the trial doesn’t validly
In this case, the terminate the
crime charged in first jeopardy
the first
information was NOTE: in the second kind
theft. X was of jeopardy, the first
therefore placed jeopardy can validly only
in jeopardy of be terminated either by
being convicted conviction or acquittal
of theft. Since and not by the dismissal
of the case without the
express consent of the
accused.
Moreover, the
X WAS CHARGED WITH
dismissal was
THEFT. ON THE DAY
only provisional,
OF THE TRIUAL, THE
PROSECUTOR AND THE which is not a
WITNESSES FAILED TO valid termination
APPEAR. COUNSEL of the first
FOR ACCUSED MOVED jeopardy
TO DISMISS THE CASE. In order to
THE COURT DISMISSED validly terminate
THE CASE the jeopardy,
PROVISIONALLY. the dismissal
SUBSEQUENTLY X WAS must have been
CHARGED WITH THEFT unconditional
AGAIN. CAN X INVOKE
JEOPARDY? X WAS CHARGED WITH
No, the case was SLIGHT PHYSICAL
dismissed upon INJURIES. ON HIS
motion of MOTION, THE CASE
counsel for the WAS DISMISSED
accused, so it DURING TRIAL.
wasn’t ANOTHER CASE FOR
dismissed ASSAULT UPON A
without the PERSON IN AUTHORITY
express consent WAS FILED AGAINST
HIM. CAN X INVOKE
DOUBLE JEOPARDY?
No, the first
jeopardy wasn’t
terminated
through either
conviction,
acquittal, or
dismissal
without the
express consent
of X
The
first
case
was
dismiss
ed
upon
the
motion
of X
himself
Therefo
re, he
cannot
invoke
double
jeopard
y
 offense charged
X WAS CHARGED WITH or any other
THEFT. DURING TRIAL, offense
THE EVIDENCE necessarily
SHOWED THAT THE included in the
OFFENSE COMMITTED offense charged
WAS ACTUALLY 3. The accused will
ESTAFA. WHAT not be placed in
SHOULD THE JUDGE double jeopardy
DO?
The judge X WAS CHARGED WITH
should order the HOMICIDE. ON THE
substitution of FIRST DAY OF TRIAL,
the complaint THE PROSECUTION
for theft with a FAILED TO APPEAR.
new one THE COURT DISMISSED
charging estafa THE CASE ON THE
Upon filing of GROUND OF
the substituted VIOLATION OF THE
RIGHT OF THE
complaint, the
ACCUSED TO SPEEDY
judge should
TRIAL. X WAS LATER
dismiss the CHARGED WITH
original MURDER. CAN X
complaint. If it INVOKE DOUBLE
appears at any JEOPARDY?
time before No, the first jeopardy
judgment that a was not validly
mistake has terminated
been made in The judge who
charging the has not
proper offense, dismissed the
the court shall case on the
dismiss the ground of
original violation of the
complaint or right of X to
information speedy trial
upon the filing of committed
a new one grave abuse of
charging the discretion in
proper offense dismissing the
case after the
WHAT ARE THE prosecution
REQUISITES FOR A failed to appear
VALID SUBSTITUTION
once
OF A COMPLAINT OR
This is not a
INFORMATION?
valid dismissal
1. No judgment has
been rendered because it
2. The accused deprives the
cannot be prosecution of
convicted of the due process

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 67 of 120

upon any ground

that doesn’t
decide the
When the judge merits of the
gravely abuses issue as to
the discretion in whether the
dismissing a accused is or
case, the isn’t guilty of the
dismissal is not offense charged
valid
Therefore, X cannot WHEN IS A DISMISSAL
invoke double OF THE CASE, EVEN
jeopardy WITH EXPRESS
CONSENT OF THE
ACCUSED,
DISTINGUISH
EQUIVALENT TO AN
ACQUITTAL AND
ACQUITTAL, WHICH
DISMISSAL
WOULD CONSTITUTE A
Acquittal is a
BAR TO A SECOND
discharge after a JEOPARDY?
trial, or an For a dismissal
attempt to have to be a bar
one, upon the under double
merits. It is jeopardy, it must
always on the have the effect
merits. The
of acquittal
accused is
As a general
acquitted
rule, dismissal
because the
upon motion of
evidence
the accused or
doesn’t show his
his counsel
guilt beyond
negates the
reasonable
application of
doubt.
double jeopardy
On the other because the
hand, dismissal motion of the
is when the case accused
is terminated amounts to an
otherwise upon express consent
the merits However, such a
thereof, as when dismissal even
the dismissal is with the express
based on the consent of the
allegation that accused may
the court has no constitute a bar
jurisdiction, to double
either upon the jeopardy in the
subject matter following cases
or the territory, 1. Where
or that the there is
complaint or insuffici
information is ency of
not valid or evidenc
sufficient, or e given
 by the merits
prosecu and
tion to operate
support s as an
the acquitt
charge al
against
him
2. Where
there
has
been
an
unreaso
nable
delay in
the
procee
dings,
in
violatio
n of the
accuse
d’s
right to
speedy
trial
Consequently,
the dismissal
amounts to an
acquittal and
would bar a
second jeopardy
in the cases
below
1. Where
the
dismiss
al is
based
on a
demurr
er to
evidenc
e filed
by the
accuse
d after
the
prosecu
tion has
rested,
which
has the
effect
of a
judgme
nt on
the
 accused is not
brought to trial
within the
WHAT IS MEANT BY prescribed time
NOLLE PROSEQUI? IS and is deprived
IT THE SAME AS AN of his right to
ACQUITTAL? speedy trial or
It is the disposition of
discontinuance the case on
of a criminal account of
procedure by unreasonable or
the prosecuting capricious delay
officer, with the caused by the
consent of the prosecution
owner People v. Espidol
A nolle prosequi doctrine
or dismissal
entered before WHY IS THERE A
the accused is REQUIREMENT FOR IT
placed on trial TO BE CAPRICIOUS
and before he is AND UNREASONABLE?
called on to There are some
plead is not delays of the
equivalent to an prosecution
acquittal and which are not
doesn’t bar a capricious and
subsequent unreasonable
prosecution for It may be
the same caused by some
offense other valid
It is not a final reasons—
disposition of the prejudicial
case question, new
Rather it evidence or
partakes of the witnesses, etc.
nature of a non-
suit or WHEN A CASE IS
discontinuance DISMISSED UPON
MOTION OF THE
in a civil suit and
ACCUSED, MAY HE
leaves the
STILL BE PROSECUTED
matter in the FOR THE SAME
same condition OFFENSE?
in which it was While there have
before the been conflicting
commencement rulings of the
of the SC, the
prosecution prevailing
doctrine is that
MAY THE COURT the accused can
DISMISS THE CASE ON
still be
MOTION NOLLE
prosecuted for
PROSEQUI?
the same
The trial court
offense if he
may dismiss a
moves to
case on a
dismiss on the
motion nolle
grounds of lack
prosequi if the
 of jurisdiction, or he is estopped
insufficiency of from
complaint or maintaining that
information the court had no
because he is jurisdiction or
deemed to have that the
waived his right complaint
against a second wasn’t sufficient
jeopardy, or that
2. Where the dismissal is made, also on motion of the
WHEN WILL DISMISSAL OR TERMINATION OF THE
FIRST CASE NOT
accused, because of BAR A SECOND
the denial of his right JEOPARDY?
to a speedy trial, 1. The dismissal must
which is in effect a be sought by the
failure to prosecute defendant
personally or
through his counsel

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 68 of 120

THE PROSECUTOR
FILED AN
2. Such dismissal INFORMATION
must not be on AGAINST X FOR
the merits and HOMICIDE. BEFORE X
must not COULD BE ARRAIGNED,
necessarily THE PROSECUTOR
amount to an WITHDREW THE
acquittal INFORMATION
WITHOUT NOTICE TO
X. THE PROSECUTOR
BEFORE THE
THEN FILED AN
PROSECUTION COULD
INFORMATION
FINISH PRESENTING
AGAINST X FOR
EVIDENCE, THE
MURDER. CAN X
ACCUSED FILED A
INVOKE DOUBLE
DEMURRER TO
JEOPARDY?
EVIDENCE. THE COURT
GRANTED THE MOTION No, there was no
AND DISMISSED THE arraignment yet
CASE ON THE GROUND under the first
OF INSUFFICIENCY OF information
EVIDENCE OF THE Therefore, the
PROSECUTION. CAN first jeopardy
THE ACCUSED BE didn’t attach.
PROSECUTED FOR THE The withdrawal
SAME OFFENSE or dismissal of
AGAIN? the case before
Yes. There was arraignment is
no double not a bar to the
jeopardy filing of a new
because the information for
court has the same
exceeded its offense.
jurisdiction in There is no double
dismissing the jeopardy where there
case even is yet no arraignment
before the A nolle prosequi
prosecution or dismissal
could finish entered before
presenting the accused is
evidence placed on trial
It denied the and before he
prosecution of pleads is not
its right to due equivalent to an
process. acquittal and
Because of this, doesn’t bar a
the dismissal is subsequent
null and void prosecution for
and cannot the same
constitute a offense
proper basis for
a claim of IF THE ACCUSED FAILS
double jeopardy TO OBJECT TO THE
MOTION TO DISMISS
THE CASE FILED BY
THE PROSECUTION, IS
HE DEEMED TO HAVE
OBJECTION” AT THE
CONSENTED TO THE
BOTTOM OF THE
DISMISSAL? CAN HE
MOTION TO DISMISS
STILL INVOKE DOUBLE
AND SIGNED IT. CAN X
JEOPARDY?
INVOKE DOUBLE
No, silence doesn’t
JEOPARDY LATER ON?
mean consent to the
No, X is deemed
dismissal
to have
If the accused expressly
fails to object or consented to the
acquiesces to dismissal of the
the dismissal of case when his
the case, he can counsel wrote
still invoke “no objection” at
double jeopardy, the bottom of
since the the motion to
dismissal was dismiss
still without his
Since the case
express consent. was dismissed
He is deemed to with his express
have waived his consent, X
right against cannot invoke
double jeopardy double jeopardy
if he expressly
consents to the X WAS CHARGED WITH
dismissal MURDER. AFTER THE
PROSECUTION
X WAS CHARGED WITH PRESENTED ITS
MURDER. THE EVIDENCE, X FILED A
PROSECUTION MOVED MOTION TO DISMISS
TO DISMISS THE CASE. ON THE GROUND THAT
COUNSEL FOR X THE PROSECUTION
WROTE THE WORDS FAILED TO PROVE
“NO THAT THE CRIME WAS
COMMITTED WITHIN
THE TERRITORIAL
JURISDICTION OF THE
COURT. THE COURT
DISMISSED THE CASE.
THE PROSECUTION
APPEALED? CAN X
INVOKE DOUBLE
JEOPARDY?
No, X cannot invoke
double jeopardy
The dismissal
was upon his
own motion so it
was with his
express consent
Since the
dismissal was
with his express
consent, he is
deemed to have
 waived his right claiming that he
against double was in danger of
jeopardy being convicted
The only time during the first
when a case, since he
dismissal, even had himself
with the express earlier alleged
consent of the that the court
accused, will bar had no
a double jurisdiction
jeopardy is if it
is based either X WAS CHARGED WITH
on insufficiency HOMICIDE. THE
of evidence or COURT, BELIEVED IT
denial of the HAD NO JURISDICTION,
right to speedy MOTU PROPIO
trial DISMISSED THE CASE.
These are not THE PROSECUTION
grounds invoked APPEALED, CLAIMING
by X so he THAT THE COURT, IN
cannot claim FACT HAD
JURISDICTION. CAN X
double jeopardy
INVOKE DOUBLE
JEOPARDY?
X WAS CHARGED WITH
Yes, when the
HOMICIDE. X MOVED
trial court has
TO DISMISS ON THE
GROUND THAT THE jurisdiction but
COURT HAD NO mistakenly
JURISDICTION. dismisses the
BELIEVING IT HAD NO complaint or
JURISDICTION, THE information on
JUDGE DISMISSED THE the ground of
CASE. SINCE THE lack of it, the
COURT, IN FACT, HAD dismissal wasn’t
JURISDICTION OVER at the request of
THE CASE, THE the accused, the
PROSECUTION FILED dismissal is not
ANOTHER CASE IN THE appealable
SAME COURT. CAN X because it will
INVOKE DOUBLE place the
JEOPARDY? accused in
No, X is double jeopardy
estopped from

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 69 of 120

witness amounts
to an acquittal,
and he is barred
X WAS CHARGED WITH from being
RAPE. X MOVED TO prosecuted
DISMISS ON THE again for the
GROUND THAT THE same offense
COMPLAINT WAS However, if he
INSUFFICIENT fails or refuses
BECAUSE IT DID NOT to testify against
ALLEGE LEWD his co-accused
DESIGNS. THE COURT in accordance
DISMISSED THE CASE. with his sworn
LATER, ANOTHER CASE statement
FOR RAPE WAS FILED constituting the
AGAINST X. CAN X basis for the
INVOKE DOUBLE discharge, he
JEOPARDY? can be
No, X is prosecuted
estopped from again
claiming that he
could have been CAN A PERSON
convicted under ACCUSED OF ESTAFA
the first BE CHARGED WITH
complaint VIOLATION OF BP22
He himself WITHOUT PLACING
moved for the HIM IN DOUBLE
dismissal on the JEOPARDY?
ground that the Yes. Even if the
complaint was same
insufficient transaction is
He cannot involved, the
change his same act may
position and now violate two or
claim that he more provisions
was in danger of of criminal law
being convicted and the
under the prosecution
complaint under one will
not bar the
X WAS CHARGED WITH prosecution
MURDER, ALONG WITH under another
THREE OTHER PEOPLE. Where 2
X WAS DISCHARGED different laws
AS A STATE WITNESS. defines 2
CAN X BE
crimes, prior
PROSECUTED AGAIN
jeopardy as to
FOR THE SAME
one of them is
OFFENSE?
no obstacle to a
It depends
prosecution of
As a general
the other,
rule, an order
although both
discharging an
offenses arise
accused as state
 from the same
facts, if each
crime involves
some important offense under a
act which is not municipal
an essential ordinance are
element of the the same acts
other which constitute
or have given
X INSTALLED A rise to the
JUMPER CABLE WHICH offense charged
ALLOWED HIM TO under the
REDUCE HIS statute
ELECTRICITY BILL. HE
WAS PROSECUTED WHAT ARE THE
AND SUBSEQUENTLY EXCEPTIONS TO
CONVICTED FOR A DOUBLE JEOPARDY?
MUNICIPAL WHEN CAN THE
ORDINANCE AGAINST ACCUSED BE CHARGED
UNAUTHORIZED WITH A SECOND
INSTALLATION OF A OFFENSE WHICH
DEVICE. CAN HE STILL NECESSARILY
BE PROSECUTED FOR INCLUDES THE
THEFT? OFFENSE CHARGED IN
No, under the THE FORMER
second type of COMPLAINT OR
jeopardy, when INFORMATION?
an act is The conviction
punished by law of the accused
and an shall not be a
ordinance, bar to another
conviction or prosecution for
acquittal under an offense which
one will bar a necessarily
prosecution includes the
under the other offense charged
The in the former
constitutional complaint or
protection information
against double under any of the
jeopardy is following
available as long circumstances:
as the acts o The
which constitute graver
or have given offense
rise to the first developed
due to
supervening
facts
arising
from
the
same
act or
omissio
n
constitu
ting the
 former which changes
charge the character of
o The the offense and,
facts together with
constitu the facts
ting the
existing at the
graver
charge time, constitutes
became a new and
known distinct offense,
or were the accused
discove cannot be said
red to be in second
only jeopardy if
after a indicted for the
plea second offense.
was
entered
in the X WAS CHARGED WITH
former FRUSTRATED
complai HOMICIDE. THERE WAS
nt or NOTHING TO INDICATE
informa THAT THE VICTIM WAS
tion GOING TO DIE. X WAS
o The ARRAIGNED. BEFORE
plea of TRIAL, THE VICTIM
guilty DIED. CAN X BE
to a CHARGED WITH
lesser HOMICIDE?
offense It depends.
was If the death of
made the victim can
without be traced to the
the acts of X, and
consent the victim didn’t
of the contribute to his
prosecu death with his
tor or negligence, X
offende
can be charged
d party
except with homicide
if the This is a supervening
offende fact
d party But if the act of
fails to X wasn’t the
appear proximate cause
at of death, he
arraign cannot be
ment charged with
homicide
WHAT IS THE
DOCTRINE OF X WAS CHARGED WITH
SUPERVENING EVENT? RECKLESS
Where after the IMPRUDENCE
first prosecution RESULTING TO
a new fact HOMICIDE AND WAS
supervenes for ACQUITTED. THE
which the HEIRS OF THE VICTIM
defendant is APPEALED THE CIVIL
responsible, ASPECT OF THE
JUDGMENT. X CLAIMS
THAT

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 70 of 120

jeopardy only
attaches to the
criminal aspect
THE APPEAL WILL and not the civil
PLACE HIM IN DOUBLE aspect. The
JEOPARDY. IS X victim or
CORRECT? offended party
No, there was no in the criminal
second case is the State
jeopardy. What while in its civil
was elevated on aspect, the
appeal was the private offended
civil aspect of party.
the case, not the
criminal aspect. X WAS CHARGED WITH
The extinction of MURDER AND WAS
criminal liability ACQUITTED. CAN THE
whether by a PROSECUTION APPEAL
prescription or THE ACQUITTAL?
by the bar of No, the
double jeopardy prosecution
doesn’t carry cannot appeal
with it the the acquittal,
extinction of civil since it would
liability arising place the
from the offense accused in
charged double jeopardy.
A judgment of
X IN A CRIMINAL CASE acquittal in
WAS SENTENCED AND criminal
REQUIRED TO PAY proceedings is
CIVIL LIABILITY. CAN final and
THE OFFENDED PARTY unappealable
APPEAL THE CIVIL whether it
LIABILITY? happens at the
Yes, if there trial court level
would be appeal or before the
for a criminal Court of Appeals
case, it must Even if the
pertain solely on decision of
the civil liability. acquittal was
An appeal with erroneous, the
regard the prosecution
criminal aspect cannot still
would violate appeal the
the accused’s decision as it
right against would put the
double jeopardy. accused in
The reason why double jeopardy.
the offended
party can appeal A JUDGMENT OF
the civil aspect ACQUITTAL IN
is that double CRIMINAL
PROCEEDINGS IS
FINAL AND
UNAPPEALABLE
WHETHER IT HAPPENS
AT THE TRIAL COURT
1. If the
LEVEL OR BEFORE THE
dismiss
COURT OF APPEALS
al of
the first
WHEN CAN THE case
PROSECUTION APPEAL
was
DESPITE THE
made
DISMISSAL OR
upon
TERMINATION OF THE
motion
CASE?
or with
As a general the
rule, the express
dismissal or consent
termination of of the
the case after defend
arraignment and ant,
plea of the unless
defendant to a the
valid information ground
shall be a bar to s are
another insuffici
prosecution for ency of
the same evidenc
offense, an e or
attempt or denial
frustration of the
thereof, or one right to
which speedy
trial
necessarily
2. If the
includes or is
dismiss
included in the
al is not
previous an
offense. acquitt
However, the al or
prosecution may based
appeal the order upon
of dismissal in conside
the following ration
instances: of the
evidenc
e or of
the
merits
of the
case,
3. And the
questio
n to be
passed
upon by
the
appellat
e court
is
purely
 legal so defense of
that former jeopardy
should In case of
the conviction, he
dismiss should appeal
al be from the
found judgment on the
incorre ground of double
ct, the
jeopardy
case
would
CAN AN ACCUSED
have to
RAISE THE DEFENSE
be
OF DOUBLE JEOPARDY
remand
IN CONTEMPT
ed to
PROCEEDINGS?
the
No, jeopardy
court of
doesn’t attach.
origin
for Remember the
further requisites for
procee jeopardy.
dings to Jeopardy only
determi attaches in
ne the criminal
guilt or proceedings.
innocen
ce of Sec. 8. Provisional
the dismissal. – A case
accuse shall not be
d provisionally
dismissed except with
WHAT IS THE EFFECT the express consent of
OF THE APPEAL OF the accused and with
THE ACCUSED? notice to the offended
If the accused party.
appeals, he
waives his right The provisional
against double dismissal of offenses
jeopardy punishable by
The case is imprisonment not
exceeding six (6)
thrown wide
years or a fine of any
open for review
amount, or both, shall
and a penalty
become permanent
higher than that
one (1) year after
of the original
issuance of the order
conviction could without the case
be imposed having been revived.
upon him With respect to
offenses punishable by
WHAT SHOULD THE imprisonment of more
ACCUSED DO IF THE than six (6) years,
COURT DENIES THE their provisional
MOTION TO QUASH ON dismissal shall become
THE GROUND OF permanent two (2)
DOUBLE JEOPARDY? years after issuance of
He should plea the order without the
not guilty and case having been
reiterate his revived.
 DOES A PROVISIONAL
WHAT IS THE TIME- DISMISSAL BECOME
BAR RULE? WHEN FINAL?

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 71 of 120

requiring no
inference or
implication to
The provisional supply its
dismissal of meaning
offenses The mere
punishable by inaction or
imprisonment silence of the
exceeding 6 accused to a
years or a fine of provisional
any amount dismissal of the
shall become case or his
permanent after failure to object
one year without to a provisional
the case having dismissal
been revived doesn’t amount
For offenses to express
punishable by consent.
imprisonment of
more than 6 WHAT ARE THE
years, the CONDITIONS FOR
SECTION 8 TO APPLY?
provisional
WHAT ARE THE
dismissal shall
REQUISITES LAID
become
DOWN BY PEOPLE V.
permanent after
LACSON?
2 years without 1. The prosecution,
the case having with the express
been revived. conformity of
After the the accused or
provisional the latter’s
dismissal counsel moves
becomes final, for a provisional
the accused dismissal of the
cannot be case; or both the
prosecuted prosecution or
anymore accused move
for a provisional
WHEN CAN A CASE BE dismissal of the
PROVISIONALLY case
DISMISSED? 2. The offended
A case can only party is notified
be dismissed of the motion for
provisionally if a provisional
the accused dismissal of the
expressly case
3. The court issues
consents, such
an order
consent given in
granting the
writing or viva
motion and
voce. dismissing the
It must be case
positive, direct, provisionally
unequivocal 4. The public
consent prosecutor is
 served with a
copy of the
order of
provisional
2. A new
dismissal of the
preliminary
case
investigation is
also required if
WHAT DOES IT MEAN
aside from the
WHEN THE TIME BAR
original accused,
RULE WILL NOT
other persons
APPLY?
are charged
Provisional under a new
dismissal will not criminal
become complaint for
permanent, the same
even after one offense or
year or two necessarily
years depending included therein
on the offense’s 3. Under a new
nature criminal
complaint, the
HOW CAN A CASE BE criminal liability
REVIVED? of the accused is
1. Re-filing the upgraded from
information or that of an
filing of a new accessory to
information for that of a
the same principal
offense 4. Under a new
necessarily criminal
included therein complaint, the
without need of charge has been
a new upgraded
preliminary
investigation Sec. 9. Failure to move
unless the to quash or to allege
original any ground therefore.
witnesses of the – The failure of the
prosecution or accused to assert any
some of them ground of a motion to
may have quash before he
recanted their pleads to the
testimonies or complaint or
may no longer information, either
be available and because he did not file
new witnesses a motion to quash or
for the State failed to allege the
have emerged 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.

R
U
 L in special laws or
E circulars of the
Supreme Court, order
1 a pre-trial conference
1 to consider the
8 following:

- (a) plea bargaining;

P (b) stipulation of
R facts;
E
- (c) marking for
T identification of
R evidence of the
I parties;
A
L (d) waiver of
objections to
Section 1. Pre-trial; admissibility of
mandatory in criminal evidence;
cases. – In all criminal
cases cognizable by (e) modification of
the Sandiganbayan, the order of trial if the
Regional Trial Court, accused admits the
Metropolitan Trial charge but interposes
Court, Municipal Trial a lawful defense; and
Court in Cities,
Municipal Trial Court (f) such matters
and Municipal Circuit as will promote a fair
Trial Court, the court and expeditious trial
shall, after of the criminal and
arraignment and civil aspects of the
within thirty (30) days case.
from the date the
court acquires WHAT IS THE PURPOSE
jurisdiction over the OF A PRE-TRIAL?
person of the accused, The purpose is to
unless a shorter expedite
period is provided for proceedings

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 72 of 120

plea bargaining
and
determination of
civil liability.
Remember that
WHEN IS PRE-TRIAL
plea bargaining
REQUIRED?
isn’t allowed in
Pre-trial is cases involving
mandatory in all violations of the
criminal cases Dangerous
cognizable by Drugs Act.
the 2. Referring the
Sandiganbayan, matter for
RTC, MTC and preliminary
MCTC conference to
the clerk of
WHEN SHOULD IT BE court.
CONDUCTED? 3. Warning that
After evidence not
arraignment, offered during
and within 30 preliminary
days from the conference shall
date the court be inadmissible
acquires except if
jurisdiction over because of good
the person of cause and under
the discretion of
the accused
the court
An exception to
the rule is when
WHO SHOULD PRESIDE
the accused is
IN A PRELIMINARY
under CONFERENCE?
preventive Clerk of court will
detention. The preside the
case shall be preliminary
raffled within 3 conference
days.
Arraignment WHAT SHOULD THE
shall be done CLERK OF COURT DO
within 10 days IN PRESIDING OVER
after the raffle. THE PRELIMINARY
Ten days CONFERENCE?
thereafter, the 1. The clerk of
pre-trial. court is given a
vital role in the
WHAT SHOULD THE speedy
ORDER FOR PRE-TRIAL disposition of
CONFERENCE cases
CONTAIN? 2. He shall serve as
1. The presence of the mediator or
the accused and arbitrator
more between the
importantly the accused and
offended party, offended party
for purposes of for the two
 parties to reach
a settlement as
to the civil
liability of the
8. In case the
accused
accused gives a
3. He shall serve as
lawful defense,
mediator
he will indicate
between the
that there would
parties with
be a
regard plea
modification of
bargaining
the order of trial
4. He shall serve as
mediator in the
stipulation of N.B
facts between 1. A preliminary
the accused and conference
offended party precedes a pre-
5. He shall oversee trial. It is
the introduction officiated by the
and marking of clerk of court.
documentary The clerk of
evidence court plays a
6. He shall see that vital role in the
the evidence is speedy
genuine and disposition of
duly executed cases.
7. He shall oversee 2. Often times,
the conference if there would be
there will be any no pre-trial
waiver to anymore but the
objections over trial would
admissibility of commence and
evidence the judge would
issue the
decision for the
disposition of
the case.
3. The pre-trial
conference is
conducted for
the expeditious
disposition of
the case. What
happens in the
conference is
more than what
meets the eye.
(Comment:
TRANSFORMERS
!)
4. There is now an
amendment in
the new rules
providing for the
parties to talk
with each other
absent their
lawyers.
Lawyers often
times are
 stumbling blocks admits to the
in the speedy genuineness and
disposition of due execution of
cases. the
documentary
5. In the pre-trial evidence
and preliminary presented.
conference, 8. The preliminary
there is conference is to
narrowing of minimize the
conflict between things to be
the parties. In discussed during
furtherance of the pre-trial
this, the judge is conference that
sanctioned to would be
allow the conducted by
number of the judge. After
witnesses to be the pre-trial
presented, limit conference, a
the trial days, pre-trial order
etc. shall be issued.
6. Remember that This will serve as
any evidence the bible for the
not presented or rest of the
marked during proceedings.
the pre-trial 9. See the Revised
conference shall Rules on Pre-
not be admitted trial issued
during the trial. during August
This is done to 2004.
make the
presentation of WHEN WILL THE JUDGE
evidence PRESIDE?
mandatory for During the pre-trial
the parties to
the case. Sec. 2. Pre-trial
Additional agreement. – All
evidence shall agreements or
only be allowed admissions made or
if there is good entered during the
cause and for pre-trial conference
furtherance of shall be reduced in
justice writing and signed by
7. Evidence is the accused and
genuine and counsel, otherwise,
duly executed— they cannot be used
in relation to against the accused.
notarial law The agreements
when the lawyer covering the

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

 CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 73 of 120

matters referred to in section 1 of this Rule shall be approved by decongest court dockets, and to further implement the pre-trial guidelines
the court. laid down in Administrative Circular No. 3-99 dated January 15, 1999 and
except as otherwise specifically provided for in other special rules, the
WHAT HAPPENS DURING PRE-TRIAL? following guidelines are issued for the observance and guidance of trial
The following things are considered judges and clerks of court:
1. Plea bargaining
2. Stipulation of facts I. PRE-TRIAL
3. Marking for identification of evidence of the parties
4. Waiver of objections to admissibility of evidence B. Criminal Cases
5. Modification of the order of trial if the accused admits the
charge but interposes a lawful defense 1. Before arraignment, the Court shall issue an order directing the
6. Other matters that will promote a fair and expeditious public prosecutor to submit the record of the preliminary
trial of the criminal and civil aspects of the case investigation to the Branch COC for the latter to attach the same to
the record of the criminal case.
WHAT IS THE FORM REQUIRED FOR THE PRE-TRIAL AGREEMENT?
Any agreement or admission entered into during the pre-trial Where the accused is under preventive detention, his case shall be
conference should be raffled and its records transmitted to the judge to whom the case
1. In writing was raffled within three days from the filing of the complaint or
2. Signed by the accused information. The accused shall be arraigned within ten days from
3. Signed by counsel the date of the raffle. The pre-trial of his case shall be held within
A pre-trial agreement that doesn’t follow this form cannot be used ten days after arraignment unless a shorter period is provided for
against the accused by law.

Sec. 3. Non-appearance at pre-trial conference. – If the counsel for 2. After the arraignment, the court shall forthwith set the pre-trial
the accused or the prosecutor does not appear at the pre-trial conference within thirty days from the date of arraignment, and
conference and does not offer an acceptable excuse for his lack of issue an order:
cooperation, the court may impose proper sanctions or penalties. (a) requiring the private offended party to appear thereat for
purposes of plea-bargaining except for violations of the
Sec. 4. Pre-trial order. – After the pre-trial conference, the court Comprehensive Dangerous Drugs Act of 2002, and for other
shall issue an order reciting the actions taken, the facts stipulated, matters requiring his presence;
and evidence marked. Such order shall bind the parties, limit the
trial to matters not disposed of, and control the course f the action (b) referring the case to the Branch COC, if warranted, for a
during the trial, unless modified by the court to prevent manifest preliminary conference to be set at least three days prior to the
injustice. pre-trial to mark the documents or exhibits to be presented by the
parties and copies thereof to be attached to the records after
A.M. No. 03-1-09-SC comparison and to consider other matters as may aid in its prompt
RE: PROPOSED RULE ON GUIDELINES TO BE OBSERVED BY TRIAL disposition; and
COURT JUDGES AND CLERKS OF COURT IN THE CONDUCT OF PRE-
TRIAL AND USE OF DEPOSITION-DISCOVERY MEASURES (c) informing the parties that no evidence shall be allowed to be
RESOLUTION presented and offered during the trial other than those identified
and marked during the pre-trial except when allowed by the court
The use of pre-trial and the deposition-discovery measures are undeniably for good cause shown. A copy of the order is hereto attached as
important and vital components of case management in trial courts. To Annex "E". In mediatable cases, the judge shall refer the parties
abbreviate court proceedings, ensure prompt disposition of cases and

BY: MA. ANGELA LEONOR C. AGUINALDO

ATENEO LAW 2010
CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 74 of 120

must study the

allegations of the
information, the
statements in the
and their counsel to
affidavits of
the PMC unit for witnesses and other
purposes of mediation
documentary evidence
if available.
which form part of the
record of the
3. During the preliminary
preliminary conference, investigation.
the Branch COC shall
assist the parties in 5. During the pre-trial,
reaching a settlement
except for violations of
of the civil aspect of
the Comprehensive
the case,
Dangerous Drugs Act of
mark the documents 2002, the trial judge
to be presented as shall consider plea-
exhibits and copies bargaining
thereof attached to
arrangements. Where
the records after
the prosecution and the
comparison, ascertain
offended party agree
from the
to the plea offered by
parties the undisputed the accused, the court
facts and admissions on shall:
the genuineness and a. Issue an order
due execution of
which contains the plea
documents marked as
bargaining arrived at;
exhibits and consider
b. Proceed to receive
such other matters as
may aid in the prompt evidence on the civil
disposition of the aspect of the case; and
case. The proceedings c. Render and
during the preliminary promulgate judgment
conference shall be of conviction, including
recorded in the the civil liability or
Minutes of Preliminary damages duly
Conference to be established by the
signed by both parties evidence.
and counsel. (Please
6. When plea
see Annex "B")
bargaining fails, the
The Minutes of Court shall:
Preliminary Conference a. Adopt the minutes
and the exhibits shall of preliminary
be attached by the conference as part of
Branch COC to the case the pre- trial
record before the pre- proceedings, confirm
trial. markings of exhibits or
substituted
4. Before the pre-trial photocopies and
conference the judge admissions on the
genuineness and due
execution of
documents and list
object and testimonial
evidence; 2. court's territorial
jurisdiction relative to
the offense/s charged;
b. Scrutinize every 3. qualification of
allegation of the
information and the expert witness/es;
statements in the 4. amount of damages;
affidavits and other 5. genuineness and
documents which form
part due execution of
documents;
of the record of the 6. the cause of death
preliminary
investigation and other or injury, in proper
documents identified cases;
and marked as exhibits 7. adoption of any
in determining farther evidence presented
admissions of facts, during the preliminary
documents and in investigation;
particular as to the 8. disclosure of
following: defenses of alibi,
1. the identity of the insanity, self-defense,
accused; exercise of public
authority and justifying
or exempting
circumstances; and
9. such other matters
that would limit the
facts in issue.

c. Define factual and

legal issues;

d. Ask parties to agree

on the specific trial
dates and adhere to the
flow chart determined
by the court which shall
contain the time
frames for the
different stages of the
proceeding up to
promulgation of
decision and use the
time frame for each
stage in
setting the trial dates;

e. Require the parties

to submit to the Branch
COC the names,
addresses and contact
numbers of witnesses
that need to be agreements covering
summoned by the matters referred to
in
subpoena; and
Section 1 of Rule 118
f. Consider
shall be approved by
modification of order of
the court. (Section 2,
trial if the accused
Rule 118)
admits the charge but
interposes a lawful
defense. 9. All proceedings
during the pre-trial
7. During the pre-trial, shall be recorded, the
transcripts prepared
the judge shall be the
and the minutes signed
one to ask questions
by the parties and/or
on issues raised therein
and all questions must their counsels.
be directed to him
to avoid hostilities 10. The trial judge
between parties. shall issue a Pre-trial
Order within ten (10)
8. All agreements or days after the
termination of the pre-
admissions made or
trial setting forth the
entered during the pre-
actions
trial conference shall
taken during the pre-
be reduced in writing
trial conference, the
and signed by the
facts stipulated, the
accused and counsel, admissions made,
otherwise, they cannot evidence marked, the
be used against the number of witnesses to
accused. The be

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 75 of 120

f
a
c
presented and the t
schedule of trial. Said s
Order shall bind the s
parties, limit the trial t
to matters not i
disposed of and control p
the course the action u
during the trial. l
a
t
WHAT IS A PRE-TRIAL e
ORDER? d
It is an order issued o The
by the court after eviden
the pre-trial ce
conference marke
containing: d
o The pre-trial
order binds
A the parties,
limits the trial
r to matters not
e disposed of,
c
i and controls
t the course of
a action during
l the trial,
unless
o modified by
f the court to
prevent
t
h manifest
e injustice

a WHAT IS PLEA
c BARGAINING?
t It is the
i disposition of
o criminal
n
charges by
s
agreement
t between the
a prosecution
k and the
e accused
n The accused
and the
o
prosecutor in a
T criminal case
h work out a
e mutually
 satisfactory
disposition of WHAT IF THERE IS A
the case PLEA BARGAINING
subject to ARRIVED AT?
court approval 1. Issue an order
It usually which contains
involves the the plea
defendant’s bargaining
pleading guilty arrived at;
to a lesser 2. Proceed to
receive
offense or to
evidence on the
only one or
civil aspect of
some of the the case; and
counts of a 3. Render and
multi-count promulgate
indictment in judgment of
return for a conviction,
lighter including the
sentence than civil liability or
that for the damages duly
graver charge established by
It is the evidence.
encouraged
because it WHAT HAPPENS IF
leads to THERE WAS NO PLEA
prompt and BARGAINING
final AGREEMENT? WHAT
disposition of WOULD THE COURT
most criminal DO?
cases. It 1. Adopt the
shortens the minutes of
preliminary
time between
conference as
charge and
part of the
disposition and
pre-trial
enhances proceedings,
whatever may confirm
be the markings of
rehabilitative exhibits or
prospects of substituted
the guilty
when they are
ultimately
imprisoned

WHEN IS PLEA
BARGAINING NOT
ALLOWED?
It is not
allowed under
the Dangerous
Drugs Act
where the
imposable
penalty is
reclusion
perpetua to
death.
 witness/
es;
d. Amount
of
photocopies
damage
and admissions
s;
on the
e. Genuine
genuineness
ness
and due
and due
execution of
executio
documents and
n of
list object and
docume
testimonial
nts;
evidence;
f. The
2. Scrutinize
cause of
every
death or
allegation of
injury,
the information
in
and the
proper
statements in
cases;
the affidavits
g. Adopti
and other
on of
documents
any
which form part eviden
of the record of ce
the preliminary presen
investigation ted
and other during
documents the
identified and prelim
marked as inary
exhibits in investi
determining gation
farther ;
admissions of h. Disclo
facts, sure
documents and of
in particular as defens
to the es of
following: alibi,
a. The insanit
identity y, self-
of the defens
accused e,
; exerci
b. Court's se of
territor public
ial author
jurisdi ity
ction and
relativ justifyi
e to
ng or
the
exemp
offens
ting
e/s
circum
charge
stance
d;
s; and
c. Qualifica
i. Such
tion of
other
expert matters
 that admits the
would charge but
limit the interposes a
facts in lawful defense.
issue.
3. Define factual
REVIEW OF WHAT WE
and legal issues;
HAVE SO FAR…
4. Ask parties to
agree on the 1. File an affidavit-
specific trial complaint with
dates and the prosecutor
adhere to the
2. The prosecutor will
flow chart
determine the
determined by
nature of the
the court which
offense. Why? To
shall contain
determine if
the time frames
for the different there must be a
stages of the preliminary
proceeding up investigation or
to promulgation not.
of decision and 3. If the preliminary
use the time investigation is
frame for each not mandatory,
stage in setting require the
the trial dates; respondent to
5. Require the file a counter-
parties to affidavit
submit to the 4. There will be a
Branch COC the
names, need to determine if an
addresses and information will be filed
contact 5. If more than 6
numbers of years penalty,
witnesses that require the
need to be counter-affidavit
summoned by of the accused
subpoena; and and then do the
6. Consider preliminary
modification of investigation
order of trial if
the accused

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 76 of 120

L
E

1
6. During the 1
preliminary 9
investigation, secure
the affidavits of -
witnesses, probable
cause, etc. 7. File with T
the clerk of court the R
information. If the court I
A
has multiple branches,
L
the case will be raffled
8. Assign to the judge Section 1. Time to
who would then issue prepare for trial. –
an order for the After a plea of not
transmittal of the guilty is entered, the
records of the accused shall have at
preliminary least fifteen (15) days
investigation 9. to prepare for trial.
Determine probable The trial shall
cause for the issuance commence within
thirty (30) days from
of warrant of arrest or
receipt of the pre-trial
commitment order 10. order.
If there is no probable
cause, order the IS THE CONCEPT OF
dismissal of the case. TRIAL THE SAME AS
Otherwise, order the HEARING?
arrest. 11. The According to
accused is brought to jurisprudence, they are
custody. The accused not the same concepts
can post bail, if The words
hearing and trial
denied, detention. 12.
have different
Arraignment—within 10
days after the meaning and
preliminary connotations
Trial may refer to
investigation or when
the reception of
the accused is detained,
evidence and
within 10 days when the
other processes.
case was raffled 13. It embraces the
Pre-trial after 10 days period for the
from arraignment 14. introduction of
Preliminary conference evidence by both
parties
Hearing, as
known in law, is
15. Pre-trial not confined to
trial but
R embraces the
U several stages of
 litigation,
including the
pre-trial stage.
A hearing After he enters
doesn’t his plea of not
necessarily guilty, the
mean accused shall
presentation of have at least
evidence. It 15 days to
doesn’t prepare for
necessarily trial
imply the The trial shall
presentation of commence
oral or within 30 days
documentary from receipt of
evidence in the pre-trial
open court but order
that the parties
are afforded an HOW LONG SHOULD
opportunity to THE TRIAL LAST?
be heard. The entire trial
period should
HOW MUCH TIME not exceed 180
DOES THE ACCUSED days from the
HAVE TO PREPARE first day of
FOR TRIAL?
trial, except if
authorized by
the SC

ARTICLE 8, SECTION 15
OF THE CONSTITUTION

1. All cases or matters

filed after the
effectivity of this
Constitution must
be decided or resolved
within twenty-four months
from date of submission
for the Supreme Court, and,
unless reduced by the
Supreme Court, twelve
months for all lower
collegiate courts, and three
months for all other lower
courts.
2. A case or matter
shall be deemed
submitted for decision
or resolution
upon the filing of the last
pleading, brief, or
memorandum required by
the Rules of Court or by
the court itself.
3. Upon the expiration
 of the corresponding terminated;
period, a certification postponements. –
to this Trial once
effect signed by the Chief commenced shall
continue from day to
Justice or the presiding
day as far as
judge shall forthwith be
practicable until
issued and a copy thereof
terminated. It may be
attached to the record of
postponed for a
the case or matter, and
reasonable period of
served upon the parties. time for good cause.
The certification shall state
why a decision or The court shall, after
resolution has not been consultation with the
rendered or issued within prosecutor and
said period. defense counsel, set
4. Despite the the case for
expiration of the continuous trail on a
applicable mandatory weekly or other
period, the court, short-term trial
without prejudice to such calendar at the
responsibility as may have earliest possible time
been incurred in so as to ensure
consequence thereof, shall speedy trial. In no
decide or resolve the case case shall the entire
or matter submitted trial period exceed
thereto for determination, one hundred eighty
without further delay. (180) days from the
first day of trial,
except as otherwise
Sec. 2. Continuous authorized by the
trial until Supreme Court.

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 77 of 120

as to ensure
speedy trial.
In no case shall the
The time limitations entire trial period
provided under this exceed one hundred
section and the eighty
preceding section (180) days
shall not apply where from the first
special laws or day of trial,
circulars of the except as
Supreme Court otherwise
provide for a shorter authorized by
period of trial. the Supreme
Court.
WHAT PROCEDURE IS
USED TO AVAIL HIS HOW DO YOU ENSURE
RIGHT TO SPEEDY CONTINUOUS TRIAL
TRIAL? SYSTEM?
Continuous trial There must be a
system—a tool time limit within
for the early and which the case
expeditious should be
disposition of a terminated
case
WHAT ARE THE DUTIES
WHAT IS THE OF THE PRESIDING
CONTINUOUS TRIAL JUDGE UNDER THE
SYSTEM? CONTINUOUS TRIAL
SYSTEM?
Trial once
1. Adhere faithfully
commenced
to the session
shall continue hours prescribed
from day to day by laws
as far as 2. Maintain full
practicable until control of the
terminated. proceedings
It may be 3. Efficiently
postponed for a allocate and use
reasonable time and court
period of time resources to
for good cause. avoid court
The court shall, delays
after
consultation IS THE TIME LIMIT
with the ABSOLUTE?
prosecutor and No
defense counsel,
set the case for IN WHICH CASES IS
continuous trail THE TIME LIMITATION
on a weekly or NOT APPLICABLE?
other short-term 1. CRIMINAL CASES
trial calendar at COVERED BY
THE RULES ON
the earliest
SUMMARY
possible time so
PROCEDURE OR
 THOSE WHERE
THE PENALTY
DOESN’T
EXCEED 6
from the date of
MONTHS
arraignment,
IMPRISONMENT
and cannot be
OR A FINE OF
postponed
P1000: governed
except on
by the rules on
grounds over
summary
which the
procedure
accused has no
2. WHEN THE
control
OFFENDED
3. CHILD ABUSE
PARTY IS ABOUT
CASES—trial
TO DEPART
shall commence
WITH NO
within 3 days
DEFINITE DATE
from
OF RETURN—
arraignment and
trial shall
cannot be
commence
within 3 days postponed
except on
grounds of
illness of the
accused or other
grounds beyond
his control
4. VIOLATIONS OF
DANGEROUS
DRUGS LAW—
trial shall be
finished within 3
months from the
filing of the
information
5. KIDNAPPING,
ROBBERY IN A
BAND, ROBBERY
AGAINST A
BANKING OR
FINANCIAL
INSTITUTION,
VIOLATION OF
THE
CARNAPPING
ACT, AND
OTHER HEINOUS
CRIMES—trial
shall be finished
within 60 days
from the first
day of trial

WHAT IS HABEAS
CORPUS?
Hab
eas
corp
us
mea
 ns PROCEEDING?
“hav Within 48 hours or 2
ing it days
brou
ght” WHAT ARE THE DUTIES
plus OF THE PUBLIC
“bod ATTORNEY IF THE
y” ACCUSED ASSIGNED
To TO HIM IS
inqui IMPRISONED?
re 1. He shall
into promptly
the undertake to
legal obtain the
ity of presence of the
the prisoner for trial,
dete
or cause a
notice to be
ntion
served on the
of a
person having
pers
custody of the
on
prisoner,
A writ or order requiring such
requiring that a person to advise
prisoner be the prisoner of
brought before a his right to
judge or into demand trial
court to decide 2. Upon receipt of
whether he is that notice, the
being held person having
lawfully. custody of the
prisoner shall
WHY IS HABEAS promptly advise
CORPUS CONSIDERED the prisoner of
AN EXCEPTION TO THE the charge and
EXCEPTION? his right to
Because it is a demand trial. If
prerogative writ at anytime
and therefore thereafter, the
must be decided prisoner informs
upon the custodian
immediately by that he demands
the court such trial, the
The habeas latter shall
corpus cause notice to
proceeding must that effect to be
sent promptly to
take precedence
the public
over all other
attorney
cases because it
3. Upon receipt of
involves the such notice, the
liberty of the public attorney
person shall promptly
seek to obtain
WITHIN HOW MANY the presence of
HOURS SHOULD A the prisoner for
JUDGE RESOLVE A trial
HABEAS CORPUS
BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010
CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 78 of 120

(4) Delay
resulting from pre-trial
4. When the proceedings; provided,
person having that the delay does
custody of the not exceed thirty (30)
prisoner days;
receives from
the public (5) Delay
attorney a resulting from orders
properly of inhibition, or
supported proceedings relating
request for the to change of venue of
availability of cases or
the prisoner for transfer from
purposes of trial, other courts;
the prisoner
shall be made (6) Delay
available resulting from
accordingly. a finding of
existence of a
prejudicial
Sec. 3. Exclusions. -
question; and
The following periods
of delay shall be
excluded in computing (7) Delay
the time within which reasonably
trial must commence: attributable to
any period,
(a) Any period of delay not to exceed
resulting from other thirty (30)
proceedings days, during
concerning the which any
accused, including but proceeding
not limited to the concerning the
following: accused is
actually under
advisement.
(1) Delay
resulting from an
examination of the (b) Any period of
physical and mental delay resulting from
condition of the the absence or
accused; unavailability of an
essential witness.
(2) Delay
resulting from For purposes of this
proceedings with subparagraph, an
respect to other essential witness shall
criminal charges be considered absent
against the accused; when his whereabouts
are unknown or his
(3) Delay whereabouts cannot
resulting from be determined by due
extraordinary diligence. He shall be
remedies against considered
interlocutory orders; unavailable whenever
his whereabouts are
known but his
presence for trial
cannot be obtained by
(c) Any period of
due diligence.
delay resulting from
the mental
incompetence or
physical inability of
the accused to stand
trial.

(d) If the
information is
dismissed upon
motion of the
prosecution and
thereafter a charge is
filed against the
accused for
the same offense, any
period of delay from
the date the charge
was dismissed to the
date the time
limitation would
commence to run as to
the subsequent charge
had there been no
previous charge.

(e) A reasonable
period of delay when
the accused is joined
for trial with a co-
accused over whom
the court has not
acquired jurisdiction,
or, as to whom the
time for trial has not
run and no motion for
separate trial has
been granted.

(f) Any period of

delay resulting from a
continuance granted
by any court motu
proprio, or on motion
of either the accused
or his counsel, or the
prosecution, if the
court granted the
continuance on the
basis of its findings
set forth in the order
that the ends of
justice served by
taking such action
outweigh the best
interest of the public commence to
and the accused in a run as to the
speedy trial. subsequent
charge had
WHAT ARE THE there been no
PERIODS THAT previous charge.
SHOULD BE EXCLUDED 5. A reasonable
IN COMPUTING THE period of delay
TIME WITHIN WHICH when the
TRIAL MUST accused is
COMMENCE? joined for trial
1. Any period of with a co-
delay resulting accused over
from other whom the court
proceedings has not acquired
concerning the jurisdiction, or,
accused. as to whom the
2. Any period of time for trial has
delay resulting not run and no
from the motion for
absence or separate trial
unavailability of has been
an essential granted.
witness. 6. Any period of
3. Any period of delay resulting
delay resulting from a
from the mental continuance
incompetence or granted by any
physical inability court motu
of the accused proprio, or on
to stand trial. motion of either
4. If the the accused or
information is his counsel, or
dismissed upon the prosecution,
motion of the if the court
prosecution and granted the
thereafter a continuance on
charge is filed the basis of its
against the findings set forth
accused for the in the order that
same offense, the ends of
any period of justice served by
delay from the taking such
date the charge action outweigh
was dismissed the best interest
to the date the of the public and
time limitation the accused in a
would speedy trial.

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 79 of 120

reasonably
attributable to
any period, not
to exceed thirty
(30) days,
WHAT ARE EXAMPLES
during which
OF OTHER
any proceeding
PROCEEDINGS
concerning the
CONCERNING THE
accused is
ACCUSED WHICH
actually under
SHOULD BE EXCLUDED
advisement
FROM THE
(careful
COMPUTATION OF
consideration).
TIME?
1. Delay resulting
WHEN IS AN
from an
ESSENTIAL WITNESS
examination of
CONSIDERED ABSENT?
the physical and
mental condition An essential
of the accused; witness shall be
2. Delay resulting considered
from absent when his
proceedings whereabouts are
with respect to unknown or his
other criminal whereabouts
charges against cannot be
the accused; determined by
3. Delay resulting due diligence
from
extraordinary WHEN IS AN
remedies ESSENTIAL WITNESS
against CONSIDERED
interlocutory UNAVAILABLE?
orders; He shall be
4. Delay resulting considered
from pre-trial whenever his
proceedings; whereabouts are
provided, that known but his
the delay does presence for
not exceed trial cannot be
thirty (30) days;
obtained by due
5. Delay resulting
diligence
from orders of
inhibition, or
Sec. 4. Factors for
proceedings
granting continuance.
relating to
– The following
change of venue
factors, among others,
of cases or
shall be considered by
transfer from
a court in determining
other courts;
whether to grant a
6. Delay resulting
continuance under
from a finding of
section 3(f) of this
existence of a
Rule.
prejudicial
question; and
7. Delay (a) Whether or not
the failure to grant a
continuance in the
proceeding would
likely make a
diligent preparation or
continuation of such
failure to obtain
proceeding impossible
available witnesses on
or result in a
the part of the
miscarriage of justice;
prosecutor.
and
WHAT IS A
(b) Whether or not
CONTINUANCE?
the case taken as a
A continuance is a
whole is so novel,
postponement of
unusual and complex,
due to the number of trial
accused or the nature
of the prosecution, or WHAT ARE THE
that it is unreasonable FACTORS FOR
to expect adequate GRANTING A
preparation within the CONTINUANCE/POSTP
periods of time ONEMENTS?
established therein. 1. Whether or not
the failure to
In addition, no grant a
continuance under continuance in
section 3(f) of this the proceeding
Rule shall be granted would likely
because of congestion make a
of the court’s calendar continuation of
or lack of such proceeding
impossible or
result in a
miscarriage of
justice; and
2. Whether or not
the case taken
as a whole is so
novel, unusual
and complex,
due to the
number of
accused or the
nature of the
prosecution, or
that it is
unreasonable to
expect adequate
preparation
within the
periods of time
established
therein.
No continuance
under section
3(f) of this Rule
shall be granted
because of
congestion of
the court’s
 calendar or lack time limit shall be one
of diligent hundred eighty (180)
preparation or days from notice of
failure to obtain said order for new
available trial.
witnesses on the
part of the Sec. 6. Extended time
prosecutor. limit. -
Notwithstanding the
IS THE GRANT OF A provisions of section
MOTION FOR 1(g), Rule 116 and the
CONTINUANCE OR preceding section 1,
POSTPONEMENT A for the first twelve-
MATTER OF RIGHT? calendar-month period
It is a matter of following its effectivity
discretion on the on September 15,
part of the court 1998, the time limit
with respect to the
period from
Sec. 5. Time limit
arraignment to trial
following an order for
imposed by said
new trial. – If the
provision shall be one
accused is to be tried
hundred eighty (180)
again pursuant to an
days. For the second
order for a new trial,
twelve-month period,
the trial shall
the time limit shall be
commence within
one hundred twenty
thirty (30) days from
(120) days, and for the
notice of the order,
third twelve-month
provided that if the
period, the time limit
period becomes
shall be eighty (80)
impractical due to
days.
unavailability of
witnesses and other
WHEN SHOULD THE
factors, the court may
TRIAL COMMENCE
extend but not to
AFTER THE ISSUANCE
exceed one hundred
OF ORDER FOR NEW
eighty (180) days. For
TRIAL?
the second twelve-
month period, the

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 80 of 120

where accused is
imprisoned. – If the
public attorney
assigned to defend a
The trial shall
person charged with a
commence crime knows that he
within 30 days latter is preventively
from the notice detained, either
of the order, because he is charged
provided that if with a bailable crime
the period but has no means to
becomes post bail, or, is
impractical due charged with a non-
to unavailability bailable crime, or, is
of witnesses and serving a term of
other factors, imprisonment in any
the court may penal institution, it
extend it shall be his duty to do
It is not to exceed the following:
180 days from notice
of said order for new (a) Shall promptly
trial undertake to obtain
the presence of the
HOW SHOULD THE prisoner for trial or
SECOND 12-MONTH cause a notice to be
PERIOD BE COUNTED served on the person
IN CASE OF A NEW having custody of the
TRIAL? prisoner requiring
The time limit such person to so
shall be 180 advise the prisoner of
his right and demand
days from notice
trial.
of said order for
new trial
(b) Upon receipt of
that notice, the
WHAT IS MEANT BY A
custodian of the
NEW TRIAL?
prisoner shall
promptly advise the
HOW LONG SHOULD prisoner of the charge
THE TIME LIMIT BE? and of his right to
General rule is 180 demand trial. If at
days from anytime thereafter the
arraignment to trial prisoner informs his
For the second custodian that he
12-month demands such trial,
period, the time the latter shall cause
limit shall be notice to that effect to
120 days For be sent promptly to
the third 12- the public attorney.
month period,
the time limit (c) Upon receipt
shall be 80 days of such notice, the
public attorney shall
Sec. 7. Public promptly seek to
attorney’s duties obtain the presence of
the prisoner for trial.

(d) When the

custodian of
the prisoner
WHAT ARE THE DUTIES
receives from
OF THE PUBLIC
the public
ATTORNEY IF THE
attorney a properly ACCUSED ASSIGNED
supported request for TO HIM IS
the availability of the IMPRISONED?
prisoner for purpose 1. He shall
of trial, the prisoner promptly
shall be made undertake to
available accordingly. obtain the
presence of the
prisoner for trial,
or cause a
notice to be
served on the
person having
custody of the
prisoner,
requiring such
person to advise
the prisoner of
his right to
demand trial
2. Upon receipt of
that notice, the
person having
custody of the
prisoner shall
promptly advise
the prisoner of
the charge and
his right to
demand trial. If
at anytime
thereafter, the
prisoner informs
the custodian
that he demands
such trial, the
latter shall
cause notice to
that effect to be
sent promptly to
the public
attorney
3. Upon receipt of
such notice, the
public attorney
shall promptly
seek to obtain
the presence of
the prisoner for
trial
4. When the
person having
 custody of the
prisoner (c) Makes a
receives from statement for the
the public purpose of obtaining
attorney a continuance which he
properly knows to be false and
supported which is material to
request for the the granting of
availability of a continuance; or
the prisoner for
purposes of trial, (d) Willfully fails to
the prisoner proceed to trial
shall be made without justification
available consistent with the
accordingly. provisions hereof, the
court may punish such
Sec. 8. Sanctions. – In counsel, attorney, or
any case in which prosecutor, as follows:
private counsel for the
accused, the public (1) By imposing on
attorney, or the a counsel privately
prosecutor: retained in connection
with the defense of an
(a) Knowingly accused, a fine not
allows the case to be exceeding twenty
set for trial without thousand pesos
disclosing that a (P20,000.00);
necessary witness
would be unavailable (2) By imposing on
for trial; any appointed counsel
de officio, public
(b) Files a motion attorney, or
solely for delay which prosecutor a fine not
he knows is totally exceeding five
frivolous and without thousand pesos
merit; (P5,000.00); and

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 81 of 120

continuance; or
4. Willfully fails to
proceed to trial
without
justification
(3) By denying any
consistent with
defense counsel or
the provisions
prosecutor the right to
hereof, the court
practice before the
may punish such
court trying the case
counsel,
for a period not
attorney, or
exceeding thirty (30)
prosecutor
days. The punishment
provided for by this
WHAT ARE THE
section shall be
SANCTIONS THAT MAY
without prejudice to
BE IMPOSED UPON AN
any appropriate
ATTORNEY FOR THE
criminal action or
AFOREMENTIONED?
other sanction
1. By imposing on
authorized under
a counsel
these rules.
privately
retained in
WHAT ARE THE ACTS
connection with
TO WHICH THE
the defense of
PRIVATE COUNSEL
an accused, a
FOR THE ACCUSED,
fine not
THE PUBLIC ATTORNEY
exceeding
OR PROSECUTOR CAN
twenty thousand
BE MADE TO ANSWER
pesos
FOR?
(P20,000.00);
1. Knowingly
2. By imposing on
allows the case
any appointed
to be set for trial
counsel de
without
officio, public
disclosing that a
attorney, or
necessary
prosecutor a fine
witness would
not exceeding
be unavailable
five thousand
for trial;
pesos
(P5,000.00); and
2. Files a motion 3. By denying any
solely for delay defense counsel
which he knows or prosecutor
is totally the right to
frivolous and practice
without merit;
before the court
3. Makes a trying the case
statement for for a period not
the purpose of exceeding thirty
obtaining (30) days. The
continuance punishment
which he knows provided for by
to be false and this section shall
which is material be without
to the granting prejudice to any
of a appropriate
 criminal action
or other sanction
authorized
under these
evidence to establish
rules.
the exclusion of time
under section 3 of this
Sec. 9. Remedy where rule. The dismissal
accused is not brought shall be subject to the
to trial within the time rules on double
limit. – If the accused jeopardy.
is not brought to trial
within the time limit
Failure of the
required by Section
accused to move for
1(g), Rule 116 and
dismissal prior to trial
Section 1, as extended
shall constitute a
by Section 6 of this
waiver of the right to
Rule, the information dismiss under this
may be dismissed on section.
motion of the accused
on the ground of
IF THE ACCUSED ISNT
denial of his right to
BROUGHT TO TRIAL
speedy trial. The
WITHIN THE TIME
accused shall have the
LIMIT REQUIRED,
burden of proving the
WHAT IS THE REMEDY?
motion but the
The accused
prosecution shall have
the burden of going should move to
forward with the dismiss the
information, on
a motion nolle
prosequi, on the
ground of denial
of his right to
speedy trial
He shall have
the burden of
proving the
motion, but the
prosecution shall
have the burden
or proving that
the delay was
covered by the
allowed
exclusions of
time
If the complaint
or information is
dismissed, the
accused can
plead double
jeopardy to a
subsequent
prosecution
The accused
must move to
dismiss before
actually going to
 trial. Otherwise, – The trial shall
it is a waiver of proceed in the
the right to following order:
dismiss
(a) The
Sec. 10. Law on prosecution shall
speedy trial not a bar present evidence to
to provision on speedy prove the charge and,
trial in the in the proper case, the
Constitution. – No civil liability.
provision of law on
speedy trial and no (b) The accused
rule implementing the may present evidence
same shall be to prove his defense
interpreted as a bar to and damages, if any,
any charge of denial of arising, from the
the right to speedy issuance of a
trial guaranteed by provisional remedy
Section 14(2), Article in the case.
III, of the 1987
Constitution. (c) The prosecution
and the defense may,
N.B: The constitutional in that order, present
provision is broad while rebuttal and sur-
the law on speedy trial is rebuttal evidence
more specific and gives unless the court, in
effectivity to the furtherance of justice,
constitutional provision. permits them to
present additional
Sec. 11. Order of trial. evidence bearing upon
the main issue.

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 82 of 120

evidence
unless the
court, in
furtherance of
(d) Upon
justice, permits
admission of
them to
evidence of the
present
parties, the case
additional
shall be deemed
evidence
submitted for
bearing upon
decision unless the
the main issue.
court directs them to
4. Upon admission
argue orally or to
of evidence of
submit written
the parties, the
memoranda.
case shall be
deemed
(e) When the
submitted for
accused admits the
decision unless
act or omission
the court
charged in the
directs them to
complaint or
argue orally or
information but
to submit
interposes a lawful
written
defense, the order of
memoranda.
trial may be
5. When the
modified.
accused
admits the act
WHAT IS THE ORDER or omission
OF TRIAL? charged in the
1. The prosecution complaint or
shall present information but
evidence to interposes a
prove the lawful defense,
charge and, in
the order of
the proper
trial may be
case, the civil
modified.
liability.
2. The accused
WHY DOES THE TRIAL
may present
BEGIN WITH THE
evidence to
PROSECUTION?
prove his
Prosecution
defense and
damages, if begins because
any, arising, it has the
from the burden of
issuance of a proving the
provisional guilt of the
remedy in the accused
case. relying on the
3. The prosecution strength of its
and the own evidence
defense may, and not on the
in that order, weakness of
present the defense
rebuttal and
sur-rebuttal WHAT IF THERE IS
NOT ENOUGH
EVIDENCE TO PROVE
GUILT BEYOND
REASONABLE
reasonable doubt which
DOUBT?
him
If there is not
A
enough
c
evidence to
c
prove the u
accused’s guilt s
beyond e
reasonable d
doubt, then the
defense should c
file a demurrer l
to evidence. a
The accused i
need not m
present s
evidence on
his behalf. t
h
Unless there is a
a reverse trial, t
there is no
need to prove o
n
the
e
commission of
the offense
o
because the f
crime is
admitted t
h
DISTINGUISH e
BETWEEN A
NEGATIVE DEFENSE e
AND AFFIRMATIVE l
DEFENSE e
NEGATIVE DEFENSE m
Requires the prosecution to prove
e
the guilt of the accused beyondn
t
s

o
f

t
h
e

o
f
f
e
n
s
e
 o
c n
h
a t
r o
g
e p
d r
o
i v
s e

n t
o h
t e

p e
r x
e i
s s
e t
n e
t n
. c
e
I
t o
f
i
s t
h
i i
n s
c
u e
m l
b e
e m
n e
t n
t
u .
p
o Sec. 12. Application
n for examination of
witness for accused
t before trial. – When
h the accused has been
e held to answer for an
offense, he may,
p upon motion with
r notice to the other
o parties, have
s witnesses
e conditionally
c examined in his
u behalf. The motion
t shall state: (a) the
i name and residence
 of the witness; (b) three (3) days before
the substance of his the scheduled
testimony; and (c) examination. The
that the witness is examination shall be
sick or infirm as to taken before a judge,
afford reasonable or, if not practicable,
ground for believing a member of the Bar
that he will not be in good standing so
able to attend the designated by the
trial, or resides more judge in the order, or
than one hundred if the order be made
(100) kilometers by a court of superior
from the place of jurisdiction, before
trial and has no an inferior court to
means to attend the be designated
same, or that other therein. The
similar circumstances examination shall
exist that would proceed
make him notwithstanding the
unavailable or absence of the
prevent him from prosecutor provided
attending the trial. he was duly notified
The motion shall be of the hearing. A
supported by an written record of the
affidavit of the testimony shall be
accused and such taken.
other evidence as the
court may require. Sec. 14. Bail to
secure appearance of
Sec. 13. Examination material witness. –
of defense witness; When the court is
how made. – If the satisfied, upon proof
court is satisfied that of oath, that a
the examination of a material witness will
witness for the not testify when
accused is necessary, required, it may,
an order shall be upon motion of
made directing that either party, order
the witness be the witness to post
examined at a bail in such sum as
specific date, time may be deemed
and place and that a proper. Upon refusal
copy of the order be to post bail, the
served on the court shall commit
prosecutor at least him to

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 83 of 120

WHAT ABOUT A
PROSECUTION
WITNESS?
A defense
prison until he
complies or is legally witness may be
discharged after his examined by
testimony has been any judge, or by
taken. any member of
the bar in good
Sec. 15. Examination standing
of witness for the designated by
prosecution.– When it the judge, or
is satisfactorily before an
appears that a witness inferior court
for the prosecution is On the other
too sick or infirm to hand, a
appear at the trial as prosecution
directed by the court, witness may
of has to leave the only be
Philippines with no examined before
definite date of the judge of the
returning, he may court where the
forthwith be case is pending
conditionally
examined before the ARE MODES OF
court where the case DISCOVERY AVAILABLE
is pending. Such
IN CRIMINAL CASES?
examination, in the
Modes of
presence of the
discovery such
accused, or in his
as the taking of
absence after
reasonable notice to deposition, may
attend the be allowed in
examination has been criminal cases,
served on him, shall but it is subject
be conducted in the to the sound
same manner as an discretion of the
examination at the court
trial. Failure or refusal
of the accused to WHAT IS THE REMEDY
attend the OF A PARTY IN CASE
examination at the OF AN
trial. Failure or refusal UNAVAILABILITY OF A
of the accused to WITNESS?
attend the The party can
examination after avail of the
notice shall be modes of
considered a waiver. discovery,
The statement taken particularly
may be admitted in deposition—in
behalf of or against the manner of
the accused. questions and
answers to be
WHO MAY EXAMINE A answered by the
DEFENSE WITNESS? witness
 The examination
shall be
CONDITIONAL

WHO WILL CONDUCT WHY ARE MODES OF

THE DEPOSITION? DISCOVERY ALLOWED?
It depends if it’s a T
witness for the h
prosecution or e
defense
If the witness is p
for the defense, u
the deposition r
can by done by p
the judge, if o
impracticable, s
by a member of e
the bar in good
standing i
designated, or s
by an inferior
court n
If the witness is o
for the t
prosecution, the
deposition can t
only be done by o
the judge
f
r
u
s
t
r
a
t
e

t
h
e

e
n
d
s

o
f

j
u
s
t
i
c
 e PROSECUTION
CONDUCTED BEFORE
P THE JUDGE?
u To examine the
r deportment of the
p witness
o
s Sec. 16. Trial of
e several accused. –
When two or more
a accused are jointly
l charged with an
offense, they shall be
s
tried jointly unless the
o
court, in its discretion
and upon motion of
i the prosecutor or any
s accused, orders
separate trial for one
t or more accused.
o
IF THERE ARE 2 OR
o MORE ACCUSED,
b SHOULD THEY BE
v TRIED JOINTLY OR
i SEPARATELY?
a As a general
t rule, when 2 or
e more accused
are jointly
p charged with an
r offense, they
o should be tried
c jointly
e However, the
e court in its
d discretion and
i upon motion of
n the prosecutor
g or any accused,
s may order
separate trial for
A party may one of the
have a witness accused
for his behalf but
due to WHAT HAPPENS TO
reasonable THE EVIDENCE
circumstances, PRESENTED IN THE
the witness TRIAL OF THE OTHER
essential to his ACCUSED IF A
case would be SEPARATE TRIAL IS
GRANTED?
unavailable and
When a separate
will not be able
trial is
to attend
demanded and
WHY IS EXAMINATION granted, it is the
OF THE WITNESSES duty of the
FOR THE prosecution to
 repeat and
produce all its X IS A PUBLIC
evidence at OFFICER. HE WAS
each and every CHARGED WITH
trial, unless it MALVERSATION OF
has been agreed PUBLIC FUNDS IN
by the parties CONSPIRACY WITH Y,
that the A CIVILIAN. SHOULD
evidence for the THEY BOTH BE TRIED
prosecution IN SANDIGANBAYAN?
wouldn’t have to Yes
be repeated at In case private
the second trial individuals are
and all the charged as co-
accused had principals,
been present accomplices, or
during the accessories with
presentation of public officers,
the evidence of they shall be
the prosecution tried jointly with
and their said public
attorney had the officers in the
opportunity to proper courts
cross-examine which shall
the witnesses exercise
for the exclusive
prosecution jurisdiction over
them.

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 84 of 120

and

(e) Said accused

has not at any time
been convicted of any
Sec. 17. Discharge of
offense involving
accused to be state
moral turpitude.
witness. – When two
or more persons are
jointly charged with Evidence adduced in
the commission of any support of the
offense, upon motion discharge shall
of the prosecution automatically form
before resting its part of the trial. If the
case, the court may court denies the
direct one or more of motion for discharge
the accused to be of the accused as
discharged with their state witness, his
consent so that they sworn statement shall
may be witnesses for be inadmissible in
the state when, after evidence.
requiring the
prosecution to present WHAT IS A STATE
evidence and the WITNESS?
sworn statement of A state witness
each proposed state is one of two or
witness at a hearing in more persons
support of the jointly charged
discharge, the court is with the
satisfied that: commission of a
crime but who is
(a) There is discharged with
absolute necessity for his consent as
the testimony of the such accused so
accused whose that he may be
discharge is a witness for the
requested; State

(b) There is no WHEN SHOULD THE

other direct evidence APPLICATION FOR
available for the DISCHARGE OF THE
proper prosecution of STATE WITNESS BE
the offense MADE?
committed, except the It should be
testimony of said made upon
accused; motion of the
prosecution
(c) The testimony before resting its
of said accused can be case
substantially
corroborated in its WHAT IS THE
material points;
PROCEDURE FOR
DISCHARGING A
(d) Said accused does PERSON AS A STATE
not appear to be WITNESS?
the most guilty; 1. Before resting
its case, the
prosecution
should file a
motion to
2. The court will
discharge the
require the
accused as a
prosecution to
state witness
present
with his consent
evidence and
the sworn
statement of the
proposed state
witness at a
hearing in order
to support the
discharge
3. The court will
determine if the
requisites of
giving the
discharge are
present.
Evidence
adduced in
support of the
discharged shall
automatically
form part of the
trial
4. If the court is
satisfied, it will
discharge the
state witness.
The discharge is
equivalent to an
acquittal, unless
the witness later
fails or refuses
to testify
5. The court denies
the motion for
discharge, his
sworn statement
shall be
inadmissible as
evidence

WHAT ARE THE

REQUISITES IN ORDER
FOR A PERSON TO BE
DISCHARGED AS A
STATE WITNESS?
1. The discharge
must be WITH
THE CONSENT
OF THE
ACCUSED
sought to be a
state witness
2. There is
 ABSOLUTE presented all of
NECESSITY for its evidence
the testimony of since it is at this
the accused time when the
whose discharge court shall
is requested; determine the
3. There is NO presence of the
OTHER DIRECT requisites above
EVIDENCE In some cases,
AVAILABLE for
HOWEVER, the
the proper
SC held that the
prosecution of
prosecution is
the offense
committed, not required to
except the present all of its
testimony of other evidence
said accused; before an
4. The testimony of accused is
said accused discharged. The
can be accused may be
SUBSTANTIALLY discharged at
CORROBORATED any time before
in its material the defendants
points; have entered
5. Said accused upon their
DOES NOT defense.
APPEAR TO BE
THE MOST IS A HEARING OF THE
GUILTY; and MOTION TO
6. Said accused DISCHARGE
has not at any MANDATORY?
time been So long as the
convicted of any motion is able to
offense involving receive evidence
MORAL for and against
TURPITUDE. the discharge of
an accused to
CAN THE COURT
become a state
GRANT THE
witness, its
DISCHARGE BEFORE
subsequent
THE PROSECUTION
HAS FINISHED order granting
PRESENTING ALL ITS or denying the
EVIDENCE? motion for
No. As a general discharge is in
rule, the court order
should resolve notwithstanding
any motion to the lack of
discharge only actual hearing
AFTER the on the motion
prosecution has

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 85 of 120

offense other
than the
testimony of the
WHAT IS THE MEANING accused
WHEN THE TESTIMONY For example,
OF THE ACCUSED CAN where an
BE SUBSTANTIALLY offense is
CORROBORATED IN ITS committed in
MATERIAL POINTS? conspiracy and
There is clandestinely,
presence of the discharge of
indirect one of the
testimony or conspirators is
evidence that necessary in
could order to provide
corroborate with direct evidence
the truthfulness of the
of the testimony commission of
of the accused the crime
No one else
WHAT HAPPENS IF other than one
THERE IS LACK OF of the
REQUISITES PRESENT conspirators can
IN THE MOTION FOR testify on what
THE DISCHARGE OF happened
THE ACCUSED? among them
There is no need
to allege all the DOES ABSOLUTE
requisites in the NECESSITY MEAN
motion. What is THAT TESTIMONY
required is that WOULD RESULT IN
the court is ABSOLUTE CERTAINTY
satisfied that the OF CONVICTION?
requisites are No
present for the
discharge. CAN THERE BE MORE
The evidence for THAN ONE ACCUSED
the discharge WHO CAN BE
may be DISCHARGED?
presented Yes
during the
hearing on the WHAT IS THE REMEDY
motion OF THE PROSECUTION
IF THE COURT DENIES
WHAT IS THE MEANING THE MOTION OF THE
OF ABSOLUTE PROSECUTION?
NECESSITY OF THE The State can file a
TESTIMONY OF THE petition for certiorari
PROPOSED STATE
WITNESS? THE ACCUSED
It means that PLEADED GUILTY TO
there is no other THE CRIME CHARGED
evidence to AND/OR ALREADY
establish the TESTIFIED AS AN
ACCUSED, CAN HE
STILL BE
DISCHARGED?
Yes
RULE—a co-
conspirator
CAN A CO-
cannot be
CONSPIRATOR BE
DISCHARGED AS A discharged as a
STATE WITNESS? state witness
against a co-
conspirator
EXCEPTION—if
the crime was
committed
clandestinely
and there is no
way to prove the
crime

WHAT IS AN
IRREGULAR
DISCHARGE?
Irregular
discharge is a
discharge where
one or all of the
conditions
required for
discharge didn’t
really exist

IF THE STATE WITNESS

REFUSES TO TESTIFY,
WILL HIS SWORN
STATEMENT BE
ADMISSIBLE AGAINST
HIM?
No, his
sworn
stateme
nt will
not be
admissibl
e against
him
Otherwis
e, it
violates
his right
against
self-
incrimina
tion

LECTURE NOTES
(JUSTICE SABIO):
The accused
must first be
 charged before testify against his co-
he can be accused in accordance
discharged as a with his sworn
state witness. statement constituting
There is a the basis for his
difference discharge.
between a
witness of the WHAT ARE THE
state and a state EFFECTS OF THE
witness. If you DISCHARGE?
are a state 1. Evidence in
witness, you are support of the
discharge forms
originally part of
part of the trial.
the crime. If you
But if the court
are a witness for
denies the
the state, you motion to
are not originally discharge, his
part of the sworn statement
crime. shall be
The section inadmissible as
contemplates evidence
that the 2. Discharge of the
information is accused
already filed, the operates as an
accused has ACQUITTAL and
been arraigned, bar to further
there is trial and prosecution for
the prosecution the same
hasn’t rested its offense, except
case. if he fails or
refuses to testify
Sec. 18. Discharge of against his co-
accused operates as accused in
acquittal. – The order accordance with
indicated in the his sworn
preceding section statement
shall amount to an constituting the
acquittal of the basis of the
discharged accused discharge. In
and shall be a bar to this case, he can
future prosecution for be prosecuted
the same offense, again and his
unless the accused admission can
fails or refuses to be used against
him.

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 86 of 120

WHAT HAPPENS IF THE

COURT IMPROPERLY
WHAT DOES IT MEAN OR ERRONEOUSLY
WHEN HE FAILS OR DISCHARGES AN
REFUSES TO TESTIFY ACCUSED AS STATE
IN ACCORDANCE WITH WITNESS, AS WHEN
HIS SWORN FOR EXAMPLE, THE
STATEMENT? ACCUSED HAS BEEN
CONVICTED OF A
It means that
CRIME INVOLVING
the accused
MORAL TURPITUDE?
makes
The improper
substantial
discharge will
changes in his
not render
testimony that
inadmissible his
would naturally
testimony nor
affect the
detract from his
proceedings and
competency as a
would be
witness
prejudicial to the
Neither will it
prosecution of
invalidate his
the offense
acquittal
charged
because the
acquittal
WHAT IF IN THE
SWORN STATEMENT becomes
OF X, HE MENTIONED ineffective only
ONLY THAT 3 OF HIS if he fails or
COMPANIONS WERE IN refuses to testify
CONSPIRACY WITH
EACH OTHER. DURING WHAT IF AFTER AN
HIS TESTIMONY, HE ACCUSED HAS BEEN
TESTIFIED THAT ALL DISCHARGED TO
10 OF HIS BECOME A STATE
COMPANIONS WERE IN WITNESS, IT WAS
CONSPIRACY. IS THIS FOUND OUT DURING
PROPER? THE TRIAL THAT THE
Yes FACTS HE ATTESTED
This doesn’t fall TO IN HIS SWORN
within the STATEMENT WERE ALL
ambits of LIES? DOES THE
“refusing to COURT HAVE ANY
testify in RECOURSE IF THERE
WAS A WRONGFUL
accordance with
DISCHARGE?
his sworn
The discharge of
statement”
the accused
It will be proper
wouldn’t be
as long as it will
affected. His
help further the
discharge would
prosecution in
still amount to
prosecuting the
offense charged an acquittal and
against the is a bar for
accused further
prosecution for
the same
offense. First,
the grounds WHAT HAPPENS WHEN
mentioned in THE ORIGINAL
the rule as INFORMATION UNDER
exceptions to WHICH AN ACCUSED
the general rule WAS DISCHARGED IS
are exclusive in LATER AMENDED?
character. The A discharge
discharge will under the
not be a bar to original
further information is
prosecution and just as binding
not amount to upon the
acquittal is when subsequent
the accused amended
refuses or fails information,
to testify in since the
accordance with amended
his sworn information is
statement. just a
Second, what continuation of
the rules require the original
is ABSOLUTE
NECESSITY and MUST THE ACCUSED
not ABSOLUTE TO BE DISCHARGED
CERTAINTY. FIRST BE CHARGED IN
Third, what THE COMPLAINT OR
transpired was INFORMATION?
an error of No.
judgment on the Note: the filing
part of the court. of the motion in
If the court has a court gives the
recourse, it court jurisdiction
would be to over the persons
detain the
discharged CAN THE OTHER
accused, CONSPIRATORS BE
following Section SOLELY CONVICTED
ON THE BASIS OF THE
19 of this Rule,
DISCHARGED STATE
and file a case
WITNESS?
against him but
No, there must be
not for the same
other evidence to
offense but for
support his
perjury
testimony
The testimony of
a state witness
comes from a
polluted source
and must be
received with
caution
It should be
substantially
corroborated in its
 material points commit the accused to
As an exception answer for the proper
however, the offense and dismiss
testimony of a the original case upon
co-conspirator, the filing of the proper
even if information.
uncorroborated,
will be WHAT IF THERE WAS A
considered MISTAKE MADE IN
CHARGING THE
sufficient if
PROPER OFFENSE?
given in a
When it
straightforward
becomes
manner and it
manifest at any
contains details
time before
which couldn’t
judgment that a
have been a
mistake has
result of
been made in
deliberate
charging the
afterthought.
proper offense
and the accused
Sec. 19. When mistake
has been made in cannot be
charging the proper convicted of the
offense. – When it offense charged
becomes manifest at or any other
any time before offense
judgment that a necessarily
mistake has been included therein,
made in charging the the accused
proper offense and the shall not be
accused cannot be discharged if
convicted of the there appears
offense charged or any good cause to
other offense detain him
necessarily included The accused
therein, the accused shall not be
shall not be discharged if
discharged if there there appears
appears good cause to good cause to
detain him. In such
detain him
case, the court shall

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 87 of 120

from the courtroom if

the evidence to be
produced during the
trial is offensive to
In such case, the
decency or public
court shall morals. He may also,
commit the on motion of the
accused to accused, exclude the
answer for the public from the trial
proper offense except court personnel
and dismiss the and the counsel of the
original case parties.
upon the filing of
the proper WHEN CAN THE
information. PUBLIC BE EXCLUDED
FROM THE TRIAL?
Sec. 20. Appointment 1. If the evidence
of acting prosecutor. – to be produced
When a prosecutor, during the trial
his assistant or deputy is offensive to
is disqualified to act decency or
due to any of the public morals
grounds stated in 2. On motion of the
section 1 of Rule 137 accused,
or for any other exclude the
reason, the judge or public from the
the prosecutor shall trial except
communicate with the court personnel
Secretary of Justice in and the counsel
order that the latter of the parties
may appoint an acting
prosecutor. Sec. 22. Consolidation
of trials of related
WHAT IS SECTION 1 OF offenses. – Charges for
RULE 137? offenses founded on
the same facts or
IS IT ONLY SECTION 1 forming part of a
OF RULE 137 THAT series of offenses of
PROVIDES FOR THE similar character may
DISQUALIFICATION OF be tried jointly at the
PROSECUTORS? discretion of the court.
No
Section 20 of this WHEN CAN DIFFERENT
present rule provides OFFENSES BE TRIED
“for any other JOINTLY?
reason” When the
offenses are
WHAT COULD BE founded on the
EXAMPLES OF “FOR same facts or
ANY OTHER REASON”? from part of a
series of
Sec. 21. Exclusion of offenses of
the public. – The judge similar
may, motu proprio, character, the
exclude the public court has the
 discretion to
consolidate and
try them jointly
It is to avoid
WHAT IS THE PURPOSE multiplicity of
OF CONSOLIDATION? suits, guard
against
oppression or
abuse, prevent
delay, clear
congested
dockets,
simplify the
work of the trial
court, save
unnecessary
costs and
expenses

WHAT IS THE REMEDY

IF THE MOTION FOR
CONSOLIDATION IS
DENIED?

CAN THOSE RELATED

TO CIVIL LIABILITY
ARISING FROM A
CRIME BE
CONSOLIDATED?
Yes. As a
general rule,
every person
criminally liable
is also civilly
liable. Any
criminal action
generally is
consolidated
with the civil
action unless
there is a
positive action
coming from the
offended party
or the accused.

CAN THOSE RELATED

TO CIVIL LIABILITY
NOT ARISING FROM A
CRIME BE
CONSOLIDATED?
As a general
rule,
independent
civil actions are
not constituted
 with the evidence (1) on its
criminal action. own initiative after
They proceed giving the prosecution
independently the opportunity to be
from the heard or (2) upon
criminal action. demurrer to evidence
filed by the accused
X MADE A with or without leave
RESERVATION TO FILE of court.
AN INDEPENDENT
CIVIL ACTION BASED If the court denies the
ON QUASI-DELICT. demurrer to evidence
DURING THE TRIAL OF filed with leave of
THE CRIMINAL ACTION, court, the accused
X CHANGES HIS MIND may adduce evidence
AND DECIDES TO HAVE in his defense. When
HIS INDEPENDENT the demurrer to
CIVIL ACTION evidence is filed
CONSOLIDATED? IS without leave of court,
THIS PROPER? the accused waives
It will not be the right to present
proper if it will evidence and submits
cause any the case for judgment
prejudice to on the basis of the
evidence for the
either the
prosecution.
offended party
or the accused.
The motion for leave
of court to file
Sec. 23. Demurrer to
demurrer to evidence
evidence. – After the
shall specifically state
prosecution rests its
its grounds and shall
case, the court may
be filed within a non-
dismiss the action on
extendible period of
the ground of
five (5) days after the
insufficiency of
prosecution rests its

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 88 of 120

rests on the
ground of
insufficiency of
case. The prosecution the evidence of
may oppose the the prosecution
motion within a non- It has been said
extendible period of that a motion to
five (5) days from its dismiss under
receipt. the Rules of
Court takes
If leave of court is place of a
granted, the accused demurrer, which
shall file the demurrer pleading raised
to evidence within a questions of law
non-extendible period as to sufficiency
of ten (10) days from of the pleading
notice. The apparent on the
prosecution may face thereof
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.

AFTER THE
PROSECUTION RESTS
ITS CASE, WHAT ARE
THE OPTIONS OF THE
ACCUSED?
THE ACCUSED MAY DO
THE FOLLOWING:
1. File a demurrer
to evidence with
leave or without
leave of court
2. Adduce his
evidence unless
he waives the
same

WHAT IS A DEMURRER
TO EVIDENCE?
It is a motion to
dismiss the case
filed by the
defense after
the prosecution
 days within
which to oppose
the motion
WHAT DOES IT MEAN If the motion is
WHEN THE granted, the
PROSECUTION WOULD accused shall
BE GIVEN THE RIGHT file the
TO BE HEARD BEFORE demurrer to
THE COURT DISMISSES evidence within
THE CASE? 10 days from
The prosecution notice of grant
is given the of leave of court
chance to The prosecution
explain itself of may oppose the
circumstances demurrer to
that may have evidence within
lead to its failure 10 days from its
to adduce receipt of the
enough demurrer
evidence to
support its case WHAT IS THE EFFECT
OF FILING THE
HOW DO YOU FILE A DEMURRER TO
DEMURRER TO EVIDENCE WITH LEAVE
EVIDENCE? OF COURT?
Within 5 days The effect of its
after the filing is that if
prosecution the court grants
rests, the the demurrer,
accused should the case will be
file a motion for dismissed
leave of court to If the court
file a demurrer denies the
to evidence, demurrer to
stating in such evidence filed
motion his with leave of
grounds for court, the
such accused may
The prosecution still adduce
shall have 5 evidence on his
behalf
In the same manner as a demurrer, a motion to dismiss
presents WHAT IS THE EFFECT OF FILING THE
DEMURRER TO EVIDENCE
squarely before EVIDENCE OF THE
the court a PROSECUTION?
question as to 1. The court may
the sufficiency dismiss the case
of the facts on its own
alleged therein initiative after
to constitute a giving the
cause of action prosecution the
right to be
WHAT ARE THE WAYS heard
BY WHICH A CASE MAY 2. Upon demurrer
BE DISMISSED ON THE to evidence
BASIS OF filed by the
INSUFFICIENCY OF accused with or
 without leave of WITHOUT LEAVE OF
court COURT?
If the court
THE PROSECUTION denies the
RESTS ITS CASE. THE demurrer to
COURT THINKS THAT evidence which
THERE IS was filed without
INSUFFICIENCY OF leave of court,
EVIDENCE PRESENTED. the accused is
WHAT DOES IT NEED deemed to have
TO DO IN CASE IT waived his right
WISHES TO DISMISS to present
THE CASE? evidence and
The court may submits the case
dismiss the case for judgment on
on its own basis of the
initiative after evidence of the
giving the prosecution
prosecution the This is because
right to be heard demurrer to
evidence is not a
matter of right
but is
discretionary on
the court
Permission of
the court has to
be obtained
before it is filed,
otherwise the
accused loses
certain rights

THE ACCUSED FILED A

DEMURRER OF
EVIDENCE WITHOUT
LEAVE OF COURT. THE
DEMURRER OF
EVIDENCE IS DENIED.
IS THERE ABSOLUTE
WAIVER OF
PRESENTATION OF
EVIDENCE BY THE
COURT?
No
The general rule
is that filing of a
demurrer of
evidence
without leave of
court, which is
subsequently
denied, is a
waiver of
presentation of
evidence
BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010
CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 89 of 120

aspect of the
case unless the
court declares
Nonetheless, if that the act or
the demurrer of omission from
evidence is filed which the civil
before the liability may
prosecution arise did not
rests its case, exist.
there would be If the trial court
no waiver to issues an order
present or renders
evidence. As the judgment not
prosecution only granting
hasn’t finished the demurrer to
presenting its evidence of the
evidence, there accused and
is still acquitting him
insufficiency of but also on the
evidence. civil liability of
the accused to
WHAT IF THE ACCUSED the private
FILES A DEMURRER OF offended party,
EVIDENCE BEFORE THE said judgment
PROSECUTION RESTS on its civil case
ITS CASE. CAN THE would be a
DEFENSE BE ALLOWED nullity for
TO PRESENT violation of the
EVIDENCE? rights of the
accused to due
process.
IF THE PROSECUTION
HAS ALREADY RESTED WHAT IS THE REMEDY
ITS CASE AND A OF THE ACCUSED IF
DEMURRER OF THE DEMURRER TO
EVIDENCE HAS BEEN EVIDENCE IS DENIED?
FILED. THE COURT As a general
SEES THERE IS BASIS rule, there can
BUT ORDERS THE be no appeal or
PROSECUTION TO certiorari on the
PRESENT MORE denial of the
EVIDENCE. IS THIS demurrer to
VALID? evidence, since
it is an
interlocutory
WHAT IS THE EFFECT order which
IF THE DEMURRER IS doesn’t pass
GRANTED AND THE
judgment on the
ACCUSED IS
merits of the
ACQUITTED?
case
The accused has
In such instance,
the right to
the accused has
adduce evidence
the right to
on the civil
 adduce evidence
on his behalf not
only on the
criminal aspect At any time
but also on the before the
civil aspect of finality of
the case judgment of
conviction, the
Sec. 24. Reopening. – judge may
At any time before
reopen the case
finality of the
either on his
judgment of
own volition or
conviction, the judge
may, motu proprio or upon motion,
upon motion, with with hearing on
hearing in either case, either case, in
reopen the order to avoid a
proceedings to avoid a miscarriage of
miscarriage of justice. justice
The proceedings shall The proceedings
be terminated within should be
thirty (30) days from terminated
the order granting it. within 30 days
from the order
WHEN CAN A CASE BE granting the
REOPENED? reopening of the
case

WHEN CAN THERE BE

A DENIAL OF THE
REOPENING OF THE
CASE, GIVEN THAT ALL
CONDITIONS
REQUIRED?
It would be
prejudicial to the
rights of an accused
Examples of this
when the
accused cannot
present enough
evidence,
present his
witnesses, etc.

R
U
L
E

1
2
0

J
U
 D written in the
G official language
M 2. Personally and
E directly
N prepared by the
T judge
3. Signed by him
Section 1. Judgment; 4. It shall contain
definition and form. – clearly and
Judgment is the distinctly a
adjudication by the statement of the
court that the accused facts and the
is guilty or not guilty law upon which
of the offense charged it is based.
and the imposition on
him of the proper Sec. 2. Contents of the
penalty and civil judgment. – If the
liability, if any. It must judgment is of
be written in the conviction, it shall
official language, state (1) the legal
personally and directly qualification of the
prepared by the judge offense constituted by
and signed by him and the acts committed by
shall contain clearly the accused and the
and distinctly a aggravating or
statement of the facts mitigating
and the law upon circumstances which
which it is based. attended its
commission; (2) the
WHAT IS A JUDGMENT? participation of the
Adjudication by accused in the offense,
the court that whether as principal,
the accused is accomplice, or
guilty or not accessory after the
guilty of the fact; (3) the penalty
offense charged imposed upon the
accused; and (4) the
and the
civil liability or
imposition on
damages caused by
him of the
his wrongful act or
proper penalty omission to be
and civil liability, recovered from the
if any accused by the
offended party, if
WHAT IS THE FORM there is any, unless
REQUIRED FOR THE the
JUDGMENT?
1. It must be

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

 CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 90 of 120

is of conviction,
it shall state the
following:
a. The
enforcement of the
legal
civil liability by a
qualific
separate civil action
ation of
has been reserved or
the
waived.
offense
constitu
In case the judgment
ted by
is of acquittal, it shall
the acts
state whether the
commit
evidence of the
ted by
prosecution absolutely
the
failed to prove the
accuse
guilt of the accused or
d and
merely failed to prove
the
his guilt beyond
aggrav
reasonable doubt. In
ating
either case, the
and
judgment shall
mitigati
determine if the act or
ng
omission from which
circums
the civil liability might
tances
arise did not exist.
which
attende
IF THE JUDGE HAS d the
VERY STRONG BELIEFS commis
AGAINST THE sion
IMPOSITION OF THE b. The
DEATH PENALTY, CAN particip
HE REFUSE TO IMPOSE ation of
IT UPON AN ACCUSED the
WHO IS GUILTY OF AN accuse
OFFENSE PUNISHABLE d as
WITH DEATH? principa
No, the judge l,
must impose the accomp
proper penalty lice, or
provided for by accesso
the law, even if ry
he is against it. c. The
No, a judgment promulgated by a judge other than the one who If he refuses to penalty
heard the case is valid, provided that the judge who rendered the do so, it is grave impose
judgment relied on the records taken during the trial as basis for abuse of d upon
his decision discretion the
amounting to accuse
lack of d
jurisdiction. d. The
civil
WHAT ARE THE liability
CONTENTS OF THE or
JUDGMENT? damag
1. If the judgment es, if
any,
 unless HEARD THE
the CASE?
enforce
ment of
the civil
liability
has
been
reserve
d or
waived
by the
offende
d party.
2. If the judgment
is of acquittal
a. Whethe
r the
evidenc
e of the
prosecu
tion
absolut
ely
failed
to
prove
the
guilt of
the
accuse
d or
merely
failed
to
proved
it
beyond
reasona
ble
doubt
b. If the
act or
omissio
n from
which
the civil
liability
might
arise
doesn’t
exist

IS IT NECESSARY FOR
THE VALIDITY OF THE
JUDGMENT THAT THE
DECISION BE
PROMULGATED BY THE
SAME JUDGE WHO
 the prescribed
form
When it is put in
WHY SHOULD THE writing, it becomes a
DECISION BE IN full blown judgment
WRITING, SETTING
FORTH THE FACTS IS AN ERRONEOUS
AND THE LAW ON JUDGMENT VALID?
WHICH IT IS BASED? Yes. An error in
The decision judgment will
should be in not invalidate a
writing to inform decision, so long
the parties the as it conforms
reason for the with the
decision so that requirements of
in case any of the law
them appeals,
such party can IS IT VALID FOR A
point out to the JUDGE TO RENDER A
appellate court JUDGMENT WHICH
IMPOSES A PENALTY
the findings of
THAT DOESN’T EXIST
facts or the
OR ONE THAT IS
rulings on point
IMPOSSIBLE TO
of law with FULFILL?
which he Such judgment is
disagrees void
The written The error goes
decision also into the very
becomes the essence of the
basis of the penalty and
appellate court doesn’t merely
to pass arise from the
judgment upon misapplication
Finally, it will thereof
assure the
parties the judge DOES THE JUDGE NEED
reached TO DESIGNATE THE
judgment by PARTICULAR
going through PROVISION OF LAW
the process of VIOLATED?
legal reasoning If possible, he should
But if he fails to
IS A VERBAL do so, the
JUDGMENT VALID? judgment is not
No, a verbal void, as long as
judgment is his conclusions
incomplete are based on
because it some provision
doesn’t contain of law
findings of fact,
and it is not CAN THE JUDGE
signed by the IMPOSE AN
judge ALTERNATIVE
It may however PENALTY OF EITHER
be corrected by RECLUSION PERPETUA
putting it in OR A FINE OF P10,000?
writing and in N
 o h
, e

t p
h e
e n
a
j l
u t
d y
g
e i
m
c p
a o
n s
n e
o d
t
m
i u
m s
p t
o
s b
e e

a d
l e
t f
e i
r n
n i
a t
t e
i
v When the judge
e imposes
alternative
p penalties, giving
e the defendant
n the right to
a choose which to
l serve, he gives
t discretion
i belonging to the
e court to the
s accused

T
BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010
CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 91 of 120

party can appeal

(Rule 45—errors
of judgment,
CAN THE JUDGE findings of fact,
IMPOSE THE PENALTY and errors of
OF RECLUSION law), file
PERPETUA AND A FINE certiorari (Rule
OF P10,000? 65—
Yes, because in this jurisdiction), or
case, the penalty is file for
definite mandamus
The difference
here with the WHAT CONSTITUTES
example above CIVIL LIABILITY
is the use of the ARISING FROM CRIME?
word “and” Civil liability
instead of “or” arising from
crime includes
WHAT IS THE actual damages,
IMPORTANCE OF moral damages,
USING THE PROPER exemplary
TERMINOLOGY IN THE damages, and
IMPOSITION OF loss of earning
IMPRISONMENT capacity
PENALTIES?
The judge WHAT IS THE EFFECT
should use the OF A JUDGMENT OF
proper ACQUITTAL ON THE
terminology of CIVIL ASPECT OF THE
the penalties CASE?
since each It will not
penalty has its prevent a
distinct judgment
accessory against the
penalties and accused on the
effects civil aspect of
the case where
DOES THE FAILURE TO —
USE THE PROPER o The
TERMINOLOGY IN THE acquitt
IMPOSITION OF al is
PENALTIES RENDER based
THE JUDGMENT VOID? on
reasona
No, this doesn’t go to
ble
the essence of the doubt
penalty itself as only
prepon
WHAT IS THE REMEDY deranc
OF THE OFFENDED e of
PARTY IF THE evidenc
JUDGMENT FAILS TO e is
AWARD CIVIL require
LIABILITY? d
The offended o Where
 the
court
declare
d that
the WHEN CAN
liability ATTORNEY’S FEES BE
of the AWARDED IN
accuse CRIMINAL CASES?
d is If there is award of
only exemplary damages
civil
o Where WHAT IS THE
the civil DIFFERENCE BETWEEN
liability DAMAGE AND
of the DAMAGES?
accuse Damages refers
d
to the actionable
doesn’t
arise loss resulting
from or from another
isn’t person’s act or
based omission. It is
upon the detriment,
the loss, or injury
crime which is
of occasioned by
which reason of fault of
the another in the
accuse property or
d is
person
acquitt
ed Damages refer
to the sum of
WHEN MAY money which
ATTORNEY’S FEES BE can be awarded
AWARDED? for the damage
Attorney’s fees done. These are
may be awarded the pecuniary
only when a consequences
separate civil which the law
action to recover imposes for the
civil liability has breach of some
been filed or duty or the
when exemplary violation of
damages are some right
awarded
The reason for WHEN ARE
this is that there EXEMPLARY DAMAGES
is no attorney in AWARDED?
a criminal case, EXEMPLARY DAMAGES
only a public MAY BE AWARDED IN THE
prosecutor, who FOLLOWING CASES:
1. In criminal
is compensated
actions, when
by the
the crime was
government
committed with
one or more
aggravating
circumstances
2. In quasi-delicts,
 if the defendant pecuniary loss,
acted with gross such as receipts
negligence Actual damages
3. In contracts and not supported
quasi-contracts, by evidence
if the defendant may not be
acted in a awarded
wanton, However, if
fraudulent, death results
reckless, from the crime
oppressive, or or the quasi-
malevolent delict, the
manner heirs need only
to prove the fact
WHAT ARE THE of death in order
MANDATORY AWARDS to claim actual
IN CASE OF RAPE or compensatory
CASES? damages
In rape cases, a civil
indemnity of P50000 IS THERE NEED FOR
is mandatory PROOF OF PECUNIARY
An award of LOSS IN ORDED THAT
moral damages MORAL, NOMINAL,
is also TEMPORATE,
mandatory LIQUIDATED, OR
without need of EXEMPLARY DAMAGES
pleading or MAY BE ADJUDICATED?
proof. No, Article 2216
If it is qualified rape, of the Civil Code
the mandatory civil provides that no
indemnity is P75,000 proof is needed
The assessment
WHAT SHOULD THE of the damage
OFFENDED PARTY depends on the
PROVE IF HE WANTS discretion of the
TO CLAIM ACTUAL court
DAMAGES OR LOSS OF
EARNING CAPACITY? MAY DAMAGES BE
The offended INCREASED ON
party must show APPEAL?
proof of the
amount of the

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 92 of 120

court may convict him

of as many offenses as
are charged and
proved, and impose on
Yes, an appeal
him the penalty for
opens the whole each offense, setting
case on review out separately the
by the appellate findings of fact and
court, and this law in each offense.
includes the
award of WHAT IS THE EFFECT
damages OF THE FAILURE OF
THE ACCUSED TO
WHAT ARE NOMINAL OBJECT TO A
DAMAGES? COMPLAINT OR
Nominal INFORMATION THAT
damages are CHARGES MORE THAN
awarded in ONE OFFENSE BEFORE
recognition of a HE IS ARRAIGNED?
violation of a The court may
right of the convict him of as
plaintiff when no many offenses
actual damage as are charged
was done to him and proved and
Under article impose on him
2221 of the CC, the penalty of
these are each offense
damages The court must
recoverable in set out
order to separately the
vindicate or findings of fact
recognize the and law in each
rights of the offense
plaintiff which
has been Sec. 4. Judgment in
violated or case of variance
invaded by the between allegation
defendant and proof.
– When there is
WHAT IS THE CIVIL variance between the
LIABILITY OF ONE offense charged in the
WHO IS GUILTY OF complaint or
ILLEGAL POSSESSION information and that
OF FIREARMS? proved, and the
None. offense as charged is
included in or
Sec. 3. Judgment for necessarily includes
two or more offenses. the offense proved,
– When two or more the accused shall be
offenses are charged convicted of the
in a single complaint offense proved which
or information but the is included in the
accused fails to object offense charged, or of
to it before trial, the the offense charged
which is included in
the offense proved.

WHAT IS THE RULE IN

CASE THE OFFENSE
For example, if
CHARGED IS
the offense
DIFFERENT FROM THE
OFFENSE PROVED? charged is rape
The accused can and the offense
only be proved is acts of
convicted of the lasciviousness,
lesser offense the accused can
which is only be
included in the convicted of acts
graver offense of lasciviousness
either proved or If the offense
charged charged is less
The reason for serious physical
this is that the injuries and the
accused can offense proved
only be is serious
convicted of the physical injuries,
offense which is then the
both charged defendant
and proved should only be
convicted of the
offense charged

X WAS CHARGED WITH

WILLFUL HOMICIDE.
WHAT WAS PROVED
WAS HOMICIDE
THROUGH RECKLESS
IMPRUDENCE. UNDER
WHICH SHOULD X BE
CONVICTED?
X should be
convicted of
homicide through
reckless imprudence
The offense
done through
negligence is
lesser than one
done willfully

X WAS CHARGED WITH

RAPE BY FORCE AND
INTIMIDATION. AT THE
TRIAL, IT WAS PROVED
THAT X RAPED A
MENTAL RETARDATE.
CAN X BE CONVICTED
OF RAPE OF A MENTAL
RETARDATE?
THERE ARE
CONFLICTING
DECISIONS
People v. Abiera
 says that the SEDUCTION. CAN X BE
accused charged CONVICTED OF
with rape QUALIFIED
through one SEDUCTION?
mode of No, although
commission may qualified
still be convicted seduction is a
of the crime if lesser offense
the evidence than rape, the
shows another elements of two
mode of are different.
commission, Qualified seduction is
provided that not included in the
the accused crime of rape.
didn’t object to Therefore if the
such evidence court convicts
People v. Padilla him of qualified
says on the seduction, it will
other hand that violate his right
the accused to be informed
cannot be of the nature
convicted of and cause of the
rape of a mental accusation
retardate if the against him,
commission of since some
elements of
such is not
qualified
alleged in the
seduction were
information not charged
The latter ruling
is a better ruling Sec. 5. When an
because to offense includes or is
convict the included in another. –
accused would An offense charged
violate his right necessarily includes
to be informed the offense proved
of the nature when some of the
and cause of the essential elements or
accusation ingredients of the
against him former, as alleged in
the complaint or
X WAS CHARGED WITH information,
RAPE. WHAT WAS constitute the latter.
PROVED AT THE TRIAL And
WAS QUALIFIED

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 93 of 120

charged is
necessarily
included in the
an offense charged is offense proved,
necessarily included in when the
the offense proved, essential
when the essential ingredients of
ingredients of the the former
former constitute or constitute or
form part of those form part of
constituting the latter. those
constituting the
WHEN DOES AN latter
OFFENSE CHARGED For example
NECESSARILY INCLUDE when the
THE OFFENSE offense charged
PROVED? is acts of
An offense lasciviousness
charged and the offense
necessarily proved is rape,
includes an the essential
offense proved elements of acts
when some of of lasciviousness
the essential is necessarily
elements or included in the
ingredients of crime of rape.
the offense Therefore, the
charged offense charged
constitute the is necessarily
offense proved included in the
For example, crime proved
when the
offense charged MAY AN ACCUSED
is homicide and CHARGED OF MURDER
what is proven is BE CONVICTED OF
physical injuries, RECKLESS
then the offense IMPRUDENCE
charged RESULTING IN
necessarily HOMICIDE?
includes the Quasi-offense of
offense proved reckless
Some of the imprudence
essential resulting in
elements of homicide is
homicide necessarily
constitute included in the
physical injuries charge of
murder
WHEN IS AN OFFENSE
CHARGED Sec. 6. Promulgation
NECESSARILY of judgment. – The
INCLUDED IN THE judgment is
OFFENSE PROVED? promulgated by
An offense reading it in the
presence of the
accused and any judge
of the court in which it
was rendered.
authority to accept the
However, if the
notice of appeal and
conviction is for a light
to approve the bail
offense, the judgment
bond pending appeal;
may be pronounced in
provided, that if the
the presence of his
decision of the trial
counsel or
court convicting the
representative. When
accused changed the
the judge is absent or
nature of the offense
outside the province
from non-bailable to
or city, the judgment
bailable, the
may be promulgated
application for bail can
by the clerk of court.
only be filed and
resolved by the
If the accused is appellate court.
confined or detained
in another province or
The proper clerk of
city, the judgment
court shall give notice
may be promulgated
to the accused
by the executive judge
personally or through
of the Regional Trial
his bondsman or
Court having
warden and counsel,
jurisdiction over the
requiring him to be
place of confinement
present at the
or detention upon
promulgation of the
request of the court
decision. If the
which rendered the
accused was tried in
judgment. The court
absentia because he
promulgating the
jumped bail or
judgment shall have
escaped from prison,
the notice to him shall
be served at his last
known address.

In case the accused

fails to appear at the
scheduled date of
promulgation of
judgment despite
notice, the
promulgation shall be
made by recording the
judgment in the
criminal docket and
serving him a copy
thereof at his last
known address or thru
his counsel.

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 may be
the judgment and the promulgated by
court shall order his the clerk of
arrest. Within fifteen court.
(15) days from
promulgation of CAN THERE BE
judgment, however, PROMULGATION OF
the accused may JUDGMENT IN THE
surrender and file a ABSENCE OF THE
motion for leave of ACCUSED?
court to avail of these As a general
remedies. He shall rule, judgment
state the reasons for must be
his absence at the promulgated in
scheduled
the presence of
promulgation and if he
the accused.
proves that his
However, if the
absence was for a
justifiable cause, he conviction is for
shall be allowed to a light offense,
avail of said remedies the judgment
within fifteen (15) may be
days from notice. pronounced in
the presence of
HOW IS THE his counsel or
JUDGMENT representative.
PROMULGATED? Also, if the
The judgment is accused fails to
promulgated by attend the
reading it in the promulgation,
presence of the even if he was
accused and any notified thereof,
judge of the or if he jumped
court in which it bail or escaped
was rendered. from prison,
When the judge judgment may
is absent or be validly
outside the promulgated in
province or city, absentia
the judgment

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 94 of 120

judgment.
The court
promulgating
WHAT HAPPENS IF the judgment
ONLY THE DISPOSITIVE can also accept
PORTION OF THE notices of
JUDGMENT IS READ TO appeal and
THE ACCUSED? applications for
The first jeopardy bail, unless the
will not validly attach court that
The judgment rendered the
must be decision
promulgated in changed the
its entirety, not nature of the
just the offense from
dispositive non-bailable to
portion bailable, in
Otherwise, the which case, the
criminal case application for
wouldn’t have bail can only be
been validly filed and
terminated and resolved by the
double jeopardy appellate court.
as a defense
cannot attach WHAT HAPPENS IF THE
ACCUSED FAILS TO
WHERE SHOULD APPEAR ON THE DATE
JUDGMENT BE OF PROMULGATION OF
PROMULGAGED IF THE JUDGMENT DESPITE
ACCUSED IS CONFINED NOTICE?
IN A PROVINCE In case the
OUTSIDE OF THE accused fails to
TERRITORIAL appear at the
JURISDICTION OF THE scheduled date
COURT? of promulgation
If the accused is of judgment
confined or despite notice,
detained in the
another province promulgation
or city, the shall be made
judgment may by recording the
be promulgated judgment in the
by the executive criminal docket
judge of the and serving him
Regional Trial a copy thereof
Court having at his last known
jurisdiction over address or thru
the place of his counsel.
confinement or If the judgment
detention upon is for conviction
request of the and the failure
court, which of the accused
rendered the to appear was
 without
justifiable cause,
he shall lose the
remedies 3. Parole
available in 4. Motion for new
these rules trial or
against the reconsideration
judgment and 5. Suspension of
the court shall sentence
order his arrest.
Within fifteen WHAT ARE THE
(15) days from INSTANCES WHEN
promulgation of JUDGMENT MAY BE
judgment, PROMULGATED
however, the DESPITE THE ABSENCE
accused may OF ACCUSED?
surrender and 1. When the
file a motion for accused has
leave of court to been convicted
of a light
avail of these
offense.
remedies. He
Judgment may
shall state the
be promulgated
reasons for his in front of the
absence at the counsel or
scheduled representative
promulgation of the accused
and if he proves 2. When the trial
that his absence was held in
was for a absentia
justifiable cause, because either
he shall be the accused
allowed to avail jumped bail or
of said remedies escaped
within fifteen confinement
(15) days from
notice IF THE
PROMULGATION OF
WHAT ARE THE JUDGMENT MUST BE IN
REMEDIES THAT THE ITS ENTIRETY, THEN
ACCUSED CANNOT DOES IT MEAN THE
AVAIL OF WHEN PROMULGATION OF
JUDGMENT IS JUDGMENT IN ERAP’S
PROMULGATED IN CASE NOT VALID?
ABSENTIA? It is valid
1. Appeal To clarify, the
2. Probation case of Quizon
v. CA held that
the
promulgation of
judgment was
wrong not
because only
the dispositive
portion was
read. It was
wrong since
what was only
 promulgated the accused, be
was judgment modified or set aside
regarding the before it becomes final
civil liability or before appeal is
when it should perfected. Except
have where the death
promulgated penalty is imposed, a
judgment on judgment becomes
final after the lapse of
both the civil
the period for
and criminal
perfecting an appeal,
liability
or when the sentence
So on the has been partially or
question on totally satisfied or
whether or not it served, or when the
is invalid accused has waived in
promulgation to writing his right to
only read the appeal, or has applied
dispositive for probation.
portion, it is
valid NOTE: This provision
promulgation changed the previous
rulings of the SC.
LECTURE NOTES: Whereas before
1. There is a modification may be
difference made upon the motion of
between the Fiscal, now it can only
judgment in be modified or set aside
criminal and civil upon motion of the
cases. accused.
2. Promulgation
must be in its WHEN MAY A
entirety. JUDGMENT OF
CONVICTION BE
Sec. 7. Modification of MODIFIED OR SET
judgment. – A ASIDE BY THE COURT
judgment of conviction THAT RENDERED IT?
may, upon motion of

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 95 of 120

IS IT ABSOLUTE WHEN
THE PERIOD OF APPEAL
A JUDGMENT OF HAS ELAPSED, THE
CONVICTION MAY BE JUDGMENT HAS BECOME
MODIFIED OR SET ASIDE FINAL?
BY THE COURT THAT No
RENDERED IT: At instances when
1. Upon motion of the death penalty
the accused is imposed, there
2. Before judgment is an automatic
has become final review by the
or appeal has appellate court
been perfected
Sec. 9. Existing
Sec. 8. Entry of provisions governing
judgment. – After a suspension of sentence,
judgment has become probation and parole
final, it shall be not affected by this
entered in accordance Rule. – Nothing in this
with Rule 36. rule shall affect any
existing provisions in
WHEN DOES A the laws governing
JUDGMENT BECOME suspension of sentence,
FINAL? probation or parole.
EXCEPT IN CASES WHERE
DEATH PENALTY IS X, A 16-YEAR-OLD WAS
IMPOSED, JUDGMENT CHARGED WITH THEFT.
BECOMES FINAL: AFTER HEARING, THE
1. After the lapse COURT FOUND THAT HE
of time for COMMITTED THE ACTS
perfecting an CHARGED. WHAT
appeal SHOULD THE COURT
2. When the DO?
sentence has The court should
been partially or determine the
totally satisfied imposable penalty
3. When the including the civil
accused has liability
expressly waived However, instead
in writing his of promulgating
right to appeal judgment of
4. When the conviction, the
accused has court should
applied for
automatically
probation
suspend the
sentence and
WHAT ARE THE
commit the minor
ENTRIES MADE WHEN
AN ENTRY OF to the DSWD or
JUDGMENT IS other institution
RECORDED IN THE until he reaches
BOOK OF CRIMINAL the age of
ENTRIES OF majority
JUDGMENT? The exception to
the suspension
of sentence in
case of youthful
offenders are— 2. If the
1. If the offender is
offender has convicted
previously of an
enjoyed a offense
suspension punishabl
of sentence e by
death or
life
imprisonm
ent
3. If the
offender is
convicted
by a
military
tribunal
This doesn’t
apply if, at the
time of
sentencing,
the offender is
already of age,
even if he was
a minor at the
time of the
commission of
the offense

Section 1. Section
4 of Presidential
Decree No. 968 is
hereby amended
to read as follows:
"Sec. 4. Grant of
Probation. — Subject to the
provisions of this Decree,
the trial court may, after
it shall have convicted and
sentenced a defendant,
and upon application by
said defendant within the
period for perfecting an
appeal, suspend the
execution of the sentence
and place the defendant
on
probation for such period
and upon such terms and
conditions as it may
deem best; Provided, That
no application for
probation shall be
entertained
 or granted if the (e) who are already
defendant has perfected serving sentence at the
the appeal from the time the substantive
judgment of conviction. provisions of this Decree
became applicable
pursuant to Section 33
Sec. 2. Section 9 of hereof."
Presidential Decree No.
968 is hereby amended
to read as follows: WHEN SHOULD AN
ADULT OFFENDER
"Sec. 9. Disqualified APPLY FOR
Offenders. — The benefits PROBATION?
of this Decree shall not be The offender
extended to those: should apply
(a) sentenced to serve a for probation
maximum term of after
imprisonment of more conviction
than within the
six years; period for
perfecting an
(b) convicted of appeal
subversion or any crime
against the national CAN THE
security or the public DEFENDANT STILL
order; FILE FOR PROBATION
(c) who have previously IF HE HAS ALREADY
been convicted by final PERFECTED AN
judgment of an offense APPEAL?
punished by An application
imprisonment of not less for probation
than one month and one may not be
day and/or filed if the
defendant has
a fine of not less than
already
Two Hundred Pesos.
perfected an
(d) who have been once appeal from
on probation under the the judgment
provisions of this Decree; of conviction
and

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 96 of 120

APPEAL FROM AN
ORDER DENYING THE
APPLICATION FOR
PROBATION?
Once the appeal
No.
is perfected, it
may no longer
WHAT IS THE COURT
be withdrawn to MANDATED TO DO
apply for BEFORE PLACING AN
probation ACCUSSED FOR
PROBATION?
CAN THE DEFENDANT The court should
STILL APPEAL IF HE order a post
HAS FILED FOR sentence
PROBATION? investigation to
No. The filing of determine
an application whether the
for probation is ends of justice
deemed a
and the best
waiver to the
interest of the
right to appeal.
public will be
served by the
IS THE GRANT OF
grant of
PROBATION A MATTER
probation
OF RIGHT UPON
APPLICATION OF THE
DEFENDANT? WHAT IS THE
SIGNIFICANCE OF
No, it is a mere
POST SENTENCE
privilege and the
INVESTIGATION?
grant is
The significance
discretionary
is that it serves
upon the court
as the
informational
CAN THERE BE
basis for the
PROBATION IF THE
court’s decision
PENALTY IS MERELY A
to grant or deny
FINE?
the probation to
Yes. In those
qualified
cases where the
offenders
penalty is a fine,
and the
WITHIN WHAT PERIOD
defendant
SHOULD THE
cannot pay, he
PROBATION OFFICER
has to serve SUBMIT HIS REPORT
subsidiary ON A DEFENDANT IN A
imprisonment. POST SENTENCE
In this instance, INVESTIGATION?
probation or The
suspension of investigation
sentence report must be
becomes submitted with
relevant. the court not
later than 60
CAN THE DEFENDANT days from
 receipt of the
order of said
court to conduct
said 1. The offender is
investigation in need of
correctional
WHEN SHOULD THE treatment that
COURT DENY THE can be provided
APPLICATION FOR most effectively
PROBATION? by his
commitment to
an institution
2. There is undue
risk that during
the period of
probation the
offender will
commit another
crime
3. Probation will
depreciate the
seriousness of
the offense
committed

WHEN DOES THE

PROBATION ORDER
TAKE EFFECT?
A probation
order shall take
effect upon its
issuance, at
which time the
court shall
inform the
offender of the
consequences
thereof and
explain that
upon his failure
to comply with
any of the
conditions, he
shall serve the
penalty imposed
for the offense

WHAT IS THE EFFECT

OF PROBATION ON
THE CIVIL LIABILITY OF
THE ACCUSED?
Probation doesn’t
release civil liability
However, the
court may in its
discretion,
provide for the
manner of
 payment of the For example, if
civil liability by the subsidiary
the accused imprisonment is
during the 10 days,
period of probation period
probation should not be
less than 10
WHAT IS THE days and not
DURATION OF THE more than 20
PERIOD OF days.
PROBATION?
PROBATION SHALL HAVE CAN THE GRANT OF
THE FOLLOWING PROBATION BE
PERIODS IN THE REVOKED?
INSTANCES BELOW: Yes. Probation is
1. If the defendant revocable before
was sentenced the final
to imprisonment discharge of the
of not more than probationer by
one year, the court for
probation shall violation of any
not exceed 2 of its conditions.
years Once it is
2. If the term of revoked, the
imprisonment is court should
more than 1 order the arrest
year, probation of the
shall not exceed probationer so
6 years
that he can
3. If the penalty is
serve the
only a fine and
sentence
the offender is
made to serve originally
subsidiary imposed.
imprisonment in The period of
case of probation is not
insolvency, the deducted from the
period of penalty imposed.
probation shall
not be less than UPON THE LAPSE OF
nor be more THE PERIOD OF
than twice the PROBATION, IS THE
total number of CASE AGAINST THE
days of PROBATIONER
subsidiary AUTOMATICALLY
imprisonment. TERMINATED?

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 97 of 120

final, the court may,

on motion of the
accused or at its own
instance but with the
NO. After the
consent of the
period of accused, grant a new
probation, the trial or
court has to reconsideration.
order the final
discharge of WHAT ARE THE
the probationer REQUISITES FOR THE
upon finding MOTION FOR
that he has RECONSIDERATION
fulfilled the UNDER THIS RULE?
terms and TO FILE A MOTION FOR
conditions of RECONSIDERATION,
his probation. THE FOLLOWING ARE
Only upon issuance THE REQUISITES:
of this order is the 1. There must be
case terminated. judgment of
conviction
WHAT IS THE EFFECT 2. Such judgment
OF THE FINAL hasn’t become
DISCHARGE? final
IT shall operate 3. The motion must
to restore the be at the
probationer to instance of the
all civil rights accused or by
the court motu
lost or
proprio, with
suspended as
the consent of
a result of his
the accused
conviction
He is also WHAT IS THE EFFECT
discharged IF NUMBERS 2 AND 3
fully of his OF THE REQUISITES
liability for any ABOVE ARE NOT
fine imposed ATTENDANT?
as to the The motion should
offense for be denied outright
which
probation was WHAT IS THE PURPOSE
granted OF A NEW TRIAL?
It is to temper
RULE 121 - the severity of
NEW TRIAL a judgment or
OR prevent the
RECONSIDE failure of
RATION justice

Section 1. New trial DISTINGUISH

or reconsideration. – BETWEEN A NEW
At any time before a TRIAL AND
judgment of RECONSIDERATION
conviction becomes NEW TRIAL MO
Reopens the case after judgment
has been rendered, in order to allow
reception of new evidence and
further proceedings
DISTINGUISH AMONG
Only proper after rendition or NEW TRIAL,
promulgation of judgment RECONSIDERATION,
AND MOTION TO
REOPEN TRIAL
NEW TRIAL RECONSIDERAT

Proper only after No longer any new

rendition or or hearing tha
promulgation of take place and
judgment but has not judgment will be
been final on the plea
submitted by
parties

Fraud, accident,
mistake and excusable
negligence; newly-
discovered evidence
are the only grounds
There has to be a
motion that has to be
filed

Sec. 2. Grounds for a

new trial. – The court
shall grant a new
trial on any of the
following grounds:
(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 rights of the
introduced and accused have
admitted would been
probably change the committed
judgment. during the trial
2. That new and
WHAT ARE THE material
GROUNDS FOR A NEW evidence has
TRIAL? been
A PARTY MAY MOVE FOR discovered
NEW TRIAL ON THE which the
FOLLOWING GROUNDS: accused
1. Errors of law or couldn’t with
irregularities reasonable
prejudicial to diligence have
the substantial discovered and

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 98 of 120

trial
2. Such evidence
couldn’t have
been discovered
produced at the
and produced at
trial and which if
the trial even with
introduced and
the exercise of
admitted would
reasonable
probably change
diligence
the judgment
3. The evidence is
material, not
ARE THE MISTAKES OF merely
COUNSEL IN cumulative,
CONDUCTING THE corroborative, or
CASE VALID GROUNDS impeaching
FOR A MOTION FOR 4. The evidence
NEW TRIAL? must go into the
No merits, such that
The mistakes of it would produce
counsel a different result
generally bind if admitted
the client, unless
he WHAT IS A
misrepresented RECANTATION? IS IT A
himself as a GROUND FOR NEW
lawyer when he TRIAL?
was in fact not A recantation is
one the renunciation
A new trial may or formal and
also be granted public withdrawal
where the of a prior
incompetence of statement of a
the counsel is so witness
great that the It isn’t a ground
defendant is for granting a
prejudiced and new trial because
prevented from it makes a
fairly presenting mockery of the
his defense and court and would
where the error place the
of counsel is investigation of
serious truth at the mercy
of unscrupulous
WHAT ARE THE witnesses.
REQUISITES FOR Moreover,
GRANTING A NEW retractions are
TRIAL ON THE GROUND easy to extort out
OF NEWLY of witnesses. In
DISCOVERED contrast, their
EVIDENCE? previous
THE REQUISITES ARE THE statements are
FOLLOWING: made under oath,
1. The evidence
in the presence of
must have been
a judge, and with
discovered after
 the opportunity
to cross-
examine.
Therefore, the RECANTATION
original A witness who previously gave a The
testimony should testimony subsequently declares didn
be given more that his statement were not true case
credence. in te
However, the
exception to this It is
rule is when the c
aside from the no lo
testimony of the accu
retracting with
witness, there is offen
no other
evidence to
CAN THE ACCUSED
support the
MOVE FOR A NEW
conviction of the TRIAL IF HE HAS
accused. In this FOUND EVIDENCE
case, the THAT WOULD
retraction by the IMPEACH THE
sole witness TESTIMONY GIVEN BY
creates a doubt THE PROSECUTION
in the mind of WITNESS?
the judge as to No, evidence
the guilt of the which merely
accused. A new seeks to
trial may be impeach the
granted. But if evidence upon
there is other which the
evidence conviction was
independent of based will not
the retracted constitute
testimony, there grounds for
can be no new new trial,
trial. unless it is
shown that
DISTINGUISH BETWEEN there is no
RECANTATION AND other evidence
AFFIDAVIT OF sustaining the
DESISTANCE judgment of
conviction
except the
testimony of
the retracting
witness.
It has to be material
evidence

WHEN IS EVIDENCE
CONSIDERED TO BE
MATERIAL?
It is material if
there is
reasonable
likelihood that
 the testimony paternity could
or evidence have been
could have discovered and
been produced at
produced a the trial with
different the exercise of
result and the reasonable
accused diligence
would have Even if a
been particular
acquitted circumstance
isn’t included
NOTES: among those
In the case of enumerated
IN RE: WRIT under Section
OF HABEAS 2 of Rule 121
CORPUS FOR as a specific
REYNATO DE grounds in
VILLA—the granting a new
court held trial or
that the DNA reconsideratio
evidence, n, Section 6 on
though was the effects
subsequently thereof
discovered considers the
after trial, interest of
doesn’t meet justice as a
the criteria gauge in the
for newly introduction of
discovered additional
evidence that evidence
would grant a
new trial. The Sec. 3. Ground for
reason was reconsideration. – The
that the court shall grant
evidence
disproving

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 99 of 120

2. It must state the

grounds on
which it is based
3. If the ground
reconsideration on the
invoked for the
ground of errors of law
motion for new
or fact in the
trial is newly
judgment, which
discovered
requires no further
evidence, the
proceedings.
motion must be
supported by
Sec. 4. Form of motion
affidavits of
and notice to the
witnesses by
prosecutor. – The
whom such
motion for new trial or
evidence is
reconsideration shall
expected to be
be in writing and shall
given or
state the grounds on
authenticated
which it is based. If
copies of
based on a newly-
documents to be
discovered evidence,
introduced in
the motion must be
evidence.
supported by
4. Notice of the
affidavits of witnesses
motion for new
by whom such trial or
evidence is expected reconsideration
to be given or by duly should be given
authenticated copies to the
of documents which prosecutor.
are proposed to be
introduced in
Sec. 5. Hearing on
evidence. Notice of
motion. – Where a
the motion for new
motion for new trial
trial or
calls for resolution of
reconsideration shall
any question of fact,
be given to the
the court may hear
prosecutor.
evidence thereon by
affidavits or
WHAT ARE THE otherwise.
GROUNDS FOR
RECONSIDERATION?
Sec. 6. Effects of
Errors of law and fact granting a new trial or
in the judgment reconsideration. – The
effects of granting a
WHAT IS THE FORM new trial or
REQUIRED FOR A reconsideration are
MOTION FOR NEW the following:
TRIAL OR MOTION FOR (a) When a new trial is
RECONSIDERATION? granted on the ground
A MOTION FOR NEW of errors of law or
TRIAL OR irregularities
RECONSIDERATION committed during the
SHOULD BE OF THE trial, all the
FORM BELOW: proceedings and
1. It must be in evidence affected
writing thereby shall be set
aside and taken anew.
The court may, in the
interest of justice,
allow the introduction
interest of justice,
of additional evidence.
allow to be introduced
shall be taken and
(b) When a new trial is considered together
granted on the ground with the evidence
of newly-discovered already in the record.
evidence, the evidence
already adduced shall
(c) In all cases, when
stand and the newly-
the court grants new
discovered and such
trial or
other evidence as the
reconsideration, the
court may, in the
original judgment shall
be set aside or
vacated and a new
judgment rendered
accordingly.

WHAT IS THE EFFECT

OF THE GRANT OF THE
MOTION FOR NEW
TRIAL?
THE GRANT OF THE
MOTION HAS THE
FOLLOWING EFFECTS:
1. If it is based on
errors of law or
irregularities
committed
during the trial,
a trial de novo
ensues. This
means that all
the proceedings
and evidence
affected by the
error or
irregularity will
be set aside.
The court may,
in the interest of
justice, allow the
introduction of
additional
evidence.
2. If it is based on
the ground of
newly
discovered
evidence, the
evidence
already adduced
will stand. The
newly
discovered
evidence and
whatever other
 evidence the 1
court will allow 2
to be introduced 2
shall be taken -
and considered A
together with P
the evidence P
already on E
record A
3. In all cases— L
whether the
court grants new Section 1. Who may
trial or appeal. – Any party
reconsideration may appeal from a
—the original judgment or final
judgment shall order, unless the
be set aside or accused will be placed
vacated and a in double jeopardy.
new judgment
rendered IS APPEAL PART OF
DUE PROCESS?
WHY IS THE ACCUSED Appeal is a
NOT SUBJECTED TO purely statutory
DOUBLE JEOPARDY and isn’t part of
WHEN A NEW TRIAL due process
OR RECONSIDERATION except when
IS GRANTED? provided by law
First, because it is If the right to
only granted upon appeal is
motion of the granted by law,
accused it becomes part
Second, the first of due process,
jeopardy is and it must be
never exercised in
terminated, accordance with
since the the procedure
original laid down by
judgment is set law. It is
aside and compellable by
replaced with a mandamus.
new one
Sec. 2. Where to
R appeal. – The appeal
U may be taken as
L follows:
E

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 100 of 120

Judgment of
acquittal
becomes final
(a) To the immediately after
Regional Trial Court, in promulgation
cases decided by the It cannot even be
Metropolitan Trial subject of certiorari
Court, Municipal Trial Reason for the
Court in Cities, rule? An appeal
Municipal Trial Court, would place the
or Municipal Circuit accused in double
Trial Court; jeopardy.
However, the
(b) To the Court of offended party
Appeals or to the may appeal the
Supreme Court in the civil aspect of the
proper cases provided case.
by law, in cases This prohibition is
decided by the also applicable
Regional Trial Court; with regard a
and judgment of
conviction. Again,
(c) To the Supreme
the accused will
Court, in cases
be placed in
decided by the
double jeopardy.
Court of Appeals.
REMEMBER THAT
WHERE DOES ONE FILE THE ONLY THING
AN APPEAL? THAT COULD BE
If the case was APPEALED IS THE
decided by the CIVIL ASPECT.
MTCs, the
appeal should be Sec. 3. How appeal
made with the taken. – (a) The appeal
RTC to the Regional Trial
Court, or to the Court of
If the case was
Appeals in cases
decided by the
decided by the Regional
RTCs, the appeal
Trial Court in the
should be made exercise of its original
with the CA or jurisdiction, shall be
SC in proper taken by filing a notice
cases provided of appeal with the court
by law which rendered the
If the case was judgment or final order
decided by the appealed from and by
CA, the appeal serving a copy thereof
should be filed upon the adverse party.
with the SC
(b) The appeal to
CAN THE the Court of Appeals in
PROSECUTION APPEAL cases decided by the
A JUDGMENT OF Regional Trial Court in
ACQUITTAL? the exercise of its
No appellate jurisdiction
shall be by petition for
review under Rule 42.

(c) The appeal to imprisonment, or

the Supreme Court in where a lesser
cases where the penalty is imposed
penalty imposed by but for offenses
the Regional Trial committed on the
Court is reclusion same occasion or
perpetua, or life which arose out of
the same occurrence
that gave rise to the
more serious offense
for which the penalty
of death, reclusion
perpetua, or life
imprisonment is
imposed, shall be by
filing a notice of
appeal in accordance
with paragraph (a) of
this section.

(d) No notice of
appeal is necessary
in cases where the
death penalty is
imposed by the
Regional Trial Court.
The same shall be
automatically
reviewed by the
Supreme Court as
provided in section
10 of this Rule.

Except as provided in
the last paragraph of
section 13, Rule 124,
all other appeals to
the Supreme Court
shall be by petition
for review on
certiorari under Rule
45.

HOW IS APPEAL
TAKEN?
APPEAL TO FROM THE DECI
OF
1 RTC MTC, from a case d
in its original jurisd

2 CA RTC in the exercise

 original jurisdiction for an
imposed 4 CA RTC where the
imposed is re
than perpetua or
life
death imprisonment, or
a lesser pe
3 CA RTC in the exercise of its imposed on o
appellate jurisdiction committed on the

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 101 of 120

accused is given
another level to review
his case. He is placed
in a better position.
occasion or
out
occurrence that gave rise
to the offense punishable
by
perpetua
imprisonment

5 CA RTC
imposed is death

6 SC All other appeals, except

the two cases above

7 SC Sandiganbayan

8 SC Sandiganbayan
original
where penalty imposed is
death

9 SC Sandiganbayan
original
where penalty is imposed
is life
reclusion perpetua

10 SC Sandiganbayan
appellate
where penalty imposed is
death,
perpetua,
imprisonment

*These changes took place in the case of People v. Mateo, ponente was
Justice Vitug.

*WASN’T THIS
TANTAMOUNT TO THE
COURT CHANGING THE
CONSTITUTION?
No. There is no
amendment to the
Constitution. The SC is
mandated by the
Constitution anyhow to
adopt rules of
procedure. This is not a
substantive right but
only procedural. The
 “To standardize the
appeal periods provided
in the Rules and to afford
litigants fair opportunity
Sec. 4. Service of notice
to appeal their cases, the
of appeal. – If personal
Court deems it practical
service of the copy of
to allow a fresh period of
the notice of appeal can
15 days within which to
not be made upon the
file the notice of appeal in
adverse party or his
the Regional Trial Court,
counsel, service may be
counted from receipt of
done by registered mail
the order dismissing a
or by substituted
motion for a new trial or
service pursuant to
motion for
sections 7 and 8 of Rule
reconsideration.”
13.
“Henceforth, this “fresh
Sec. 5. Waiver of
period rule” shall also
notice. – The appellee
apply to Rule 40
may waive his right to a
governing appeals from
notice that an appeal
the Municipal Trial Courts
has been taken. The
to the Regional Trial
appellate court may, in
Courts; Rule 42 on
its discretion, entertain
petitions for review from
an appeal
the Regional Trial Courts
notwithstanding failure
to the Court of Appeals;
to give such notice if
Rule 43 on appeals from
the interests of justice
quasi-judicial
so require.
agencies[31] to the Court
of Appeals and Rule 45
Sec. 6. When appeal to
governing appeals by
be taken. – An appeal
certiorari to the Supreme
must be taken within
Court.[32] The new rule
fifteen (15) days from
aims to regiment or make
promulgation of the
the appeal period
judgment or from
uniform, to be counted
notice of the final order
from receipt of the order
appealed from. This
denying the motion for
period for perfecting an
new trial, motion for
appeal shall be
reconsideration (whether
suspended from the
full or partial) or any final
time a motion for new
order or resolution.”
trial or reconsideration
is filed until notice of
Although the SC has
the order overruling the
made this ruling on a civil
motion has been served
case, it is submitted that
upon the accused or his
such if the Court has
counsel at which time
applied this rule to all
the balance of the
other appeals involving
period begins to run.
civil cases, with more
reason should the
NOTE: The period of
defendant in a criminal
appeal seems to have
case be given ample time
been amended by the SC
to file his appeal.
ruling in Domingo Neypes
v. CA, GR 141524,
WHEN IS APPEAL
September 14, 2005.
PERFECTED?
BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010
CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 102 of 120

to transcribe his notes

of the proceedings.
When filed by the
People of the
Appeals in
Philippines, the trial
criminal cases court shall direct the
are perfected stenographic reporter
when the to transcribe such
interested party portion of his notes of
or parties have the proceedings as the
personally or court, upon motion,
through their shall specify in writing.
attorney filed The stenographic
with the clerk of reporter shall certify to
court a written the correctness of the
notice expressly notes and the
stating the transcript thereof,
appeal which shall consist of
the original and four
WHAT IS THE EFFECT copies, and shall file
OF PERFECTION OF AN said original and four
APPEAL? copies with the clerk
When an appeal without unnecessary
has been delay.
perfected, the
court a quo loses If death penalty is
jurisdiction imposed, the
stenographic reporter
WHAT IS THE shall, within thirty (30)
DIFFERENCE BETWEEN days from promulgation
THE APPEAL OF A of the sentence, file
JUDGMENT AND THE with the clerk the
APPEAL OF AN ORDER? original and four copies
The appeal from of the duly certified
transcript of his notes
judgment must
of the proceedings. No
be perfected
extension of time for
within 15 days
filing of said transcript
from of stenographic notes
promulgation shall be granted except
The appeal from by the Supreme Court
an order should and only upon
be perfected justifiable grounds.
within 15 days
from notice of Sec. 8. Transmission of
final order papers to appellate
court upon appeal. –
Sec. 7. Transcribing Within five (5) days
and filing notes of from the filing of the
stenographic reporter notice of appeal, the
upon appeal. – When clerk of court with
notice of appeals is whom the notice of
filed by the accused, appeal was filed must
the trial court shall transmit to the clerk of
direct the court of the appellate
stenographic reporter
court the complete
record of the case,
together with said
notice. The original
Sec. 9. Appeal to the
and three copies of the
Regional Trial
transcript of
Courts. – (a) Within
stenographic notes,
five (5) days from
together with the
perfection of the
records, shall also be
appeal, the clerk of
transmitted to the
court shall transmit
clerk of the appellate
the original record to
court without undue
the appropriate
delay. The other copy
Regional Trial Court.
of the transcript shall
remain in the lower
(b) Upon receipt
court.
of the complete
record of the case,
transcripts and
exhibits, the clerk of
court of the Regional
Trial Court shall
notify the parties of
such fact.

(c) Within fifteen

(15) days from
receipt of said
notice, the
parties may submit
memoranda or
briefs, or may be
required by the
Regional Trial Court
to do so. After the
submission of such
memoranda or
briefs, or upon the
expiration of the
period to file the
same, the Regional
Trial Court shall
decide the case on
the basis of the
entire record of the
case and of such
memoranda or briefs
as may have been
filed.

DISTINGUISH A BRIEF
FROM A
MEMORANDUM
BRIEF
A complete statement of facts of the Sum
case mak
the p
Appellant’s brief: contents
1. Title of the case Som
 2. Crime charged 5. Decision being appealed
3. Material dates—to find from
if appeal was made within 6. Arguments in support of
reglementary period appeal
a. When copy 7. Prayer
judgment Appellee’s brief: counterstatement
received of facts
b. When appeal was *The brief/memorandum must point to the c
made Misappreciation of facts
4. Facts upon which judgment Rulings not supported by the evide
was based

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 103 of 120

appeal, the execution

of the judgment or
final order appealed
from shall be stayed
guilt
as to the appealing
party.
Sec. 10. Transmission
of records in case of A AND B WERE
death penalty. – In all CONVICTED OF
cases where the death MURDER. ONLY A
penalty is imposed by APPEALED FROM THE
the trial court, the CONVICTION. SHOULD
records shall be THE DECISION OF THE
forwarded to the APPELLATE COURT
Supreme Court for BIND B?
automatic review and
judgment within five
(5) days after the
fifteenth (15) day
following the
promulgation of the
judgment or notice of
denial of a motion for
new trial or
reconsideration. The
transcript shall also be
forwarded within ten
(10) days after the
filing thereof by the
stenographic reporter.

Sec. 11. Effect of

appeal by any of
several accused. – (a)
An appeal taken by
one or more of several
accused shall not
affect those who did
not appeal, except
insofar as the
judgment of the
appellate court is
favorable and
applicable to the
latter.

(b) The appeal of

the offended party
from the civil aspect
shall not affect the
criminal aspect of the
judgment or order
appealed from.

(c) Upon
perfection of the
 become final
If the records
have already
of a Metropolitan Trial been
Court, Municipal Trial transmitted to
Court in Cities, the appellate
Municipal Trial Court, court, only the
or Municipal Circuit appellate court
Trial Court to may decide
withdraw his appeal, whether to grant
provided a motion to the motion to
that effect is filed withdraw the
before rendition of the appeal, and not
judgment in the case only before the
on appeal, in which judgment is
case the judgment of rendered in the
the court of origin case of appeal
shall become final and
the case shall be Sec. 13. Appointment
remanded to the latter of counsel de officio
court for execution of for accused on appeal.
the judgment. - It shall be the duty of
the clerk of court of
CAN AN APPEAL THAT the trial court, upon
HAS ALREADY BEEN filing of a notice of
PERFECTED BE appeal to ascertain
WITHDRAWN BY THE from the appellant, if
APPELLANT? confined in prison,
If the records whether he desires
have not yet the Regional Trial
been Court, Court of
transmitted to Appeals or the
the appellate Supreme Court to
court, the court appoint a counsel de
that rendered officio to defend him
the judgment and to transmit with
has the the record on a form
discretion to to be prepared by the
allow the clerk of court of the
appellant to appellate court, a
withdraw the certificate of
appeal compliance with this
If the appeal is duty and of the
withdrawn, the response of the
judgment shall appellate to his
inquiry.
It depends.
If the decision of the appellate court should be beneficial to
B, IS COUNSEL DE OFFICIO STILL REQUIRED TO
REPRESENT HIS
then it should OF THE APPEAL BY
affect him THE OFFENDED PARTY
If the decision OF THE CIVIL ASPECT
would not benefit OF THE JUDGMENT ON
him, it shouldn’t THE CRIMINAL
bind him ASPECT?
Nothing
WHAT IS THE EFFECT
Sec. 12. Withdrawal of CLIENT ON APPEAL?
appeal. - Yes, the duty of
Notwithstanding counsel de
perfection of the officio doesn’t
appeal, the Regional terminate upon
Trial Court, judgment of the
Metropolitan Trial case
Court, Municipal Trial It continues until
Court in Cities, appeal
Municipal Trial Court,
or Municipal Circuit RULE 123 -
Trial Court, as the PROCEDURE IN
case may be, may THE MUNICIPAL
allow the appellant to TRIAL COURTS
withdraw his appeal
before the record has
Section 1. Uniform
been forwarded by the
Procedure. – The
clerk of court to the
procedure to be
proper appellate court
observed in the
as provided in section
Metropolitan Trial
8, in which case, the
Courts, Municipal Trial
judgment shall
Courts and Municipal
become final. The
Circuit Trial Courts
Regional Trial Court
shall be the same as in
may also, in its
the Regional Trial
discretion, allow the
Courts, except where
appellant from the
a particular provision
judgment
applies only to either
of said courts and in
criminal cases
governed by the
Revised Rule on
Summary Procedure.

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 104 of 120

(1) Violations of traffic

laws, rules and
regulations;

WHAT IS SUMMARY (2) Violations of the

PROCEDURE? rental law;
Procedure
wherein the (3) Violations of
court decides
municipal or city
the case ordinances;
through the
evidence and
affidavits (4) All other criminal
presented by cases where the penalty
the parties prescribed by law for
the offense charged is
imprisonment not
RESOLUTION OF THE exceeding six months,
COURT EN BANC DATED
or a fine not exceeding
OCTOBER 15, 1991
PROVIDING FOR THE (P1,000.00), or both,
REVISED RULE ON irrespective of other
SUMMARY PROCEDURE imposable penalties,
accessory or otherwise,
FOR METROPOLITAN
or of the civil liability
TRIAL COURTS,
MUNICIPAL TRIAL arising therefrom:
COURTS IN CITIES, Provided, however, that
MUNICIPAL TRIAL in offenses involving
COURTS AND damage to property
MUNICIPAL CIRCUIT through criminal
TRIAL COURTS. negligence, this Rule
shall
I. Applicability govern where the
imposable fine does not
Section 1. Scope. — exceed ten thousand
pesos (P10,000.00).
This rule shall govern
the summary procedure
in the Metropolitan This Rule shall not
apply to a civil case
Trial Courts, the
where the plaintiffs
Municipal Trial Courts in
cause of action is
Cities,
pleaded in the same
the Municipal Trial
complaint with another
Courts, and the cause of
Municipal Circuit Trial action subject to the
Courts in the following
ordinary procedure; nor
cases falling within
to a criminal case
their jurisdiction:
where the offense
charged is necessarily
xxx xxx xxx related to another
criminal case subject
B. Criminal Cases:
to the ordinary
procedure.
 however, that
in offenses
involving
damage to
Sec. 2. Determination property
of applicability. — Upon through
the filing of a civil or criminal
criminal action, the negligence,
court shall issue an this Rule shall
order declaring whether govern where
or not the case shall the imposable
be governed by this fine does not
Rule. A patently exceed ten
erroneous thousand
determination to avoid pesos
the application of the (P10,000.00).
Rule on Summary
Procedure is a ground
xxx xxx xxx
for disciplinary action.
III. Criminal Cases
WHAT ARE THE
CRIMINAL CASES
FALLING UNDER THE Sec. 11. How
RULES OF SUMMARY commenced. — The
PROCEDURE? filing of criminal cases
1. Violations of falling within the
traffic laws, scope of this Rule shall
rules and be either by complaint
regulations or by
2. Violations of the information: Provided,
rental law however, that in
3. Violations of Metropolitan Manila and
municipal or city in Chartered Cities,
ordinances such cases shall be
4. All other commenced only by
criminal cases information, except
where the
penalty when the offense
prescribed by cannot be prosecuted
law for the de oficio.
offense
charged is The complaint or
imprisonment information shall be
not exceeding accompanied by the
six months, or affidavits of the
a fine not compliant and of his
exceeding witnesses in such
(P1,000.00), or number of
both, copies as there are
irrespective of
other accused plus two (2)
imposable copies for the court's
penalties, files. If this
accessory or requirement is not
otherwise, or complied with within
of the civil five (5) days from date
liability arising of filing, the case may
therefrom: be dismissed.
Provided,
 HOW IS A CRIMINAL complaint or
CASE COMMENCED IN by information:
A SUMMARY Provided,
PROCEDURE? however, that
The filing of in Metropolitan
criminal cases Manila and in
falling within Chartered
the scope of Cities, such
this Rule shall cases
be either by

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 105 of 120

(b) If commenced by
information. — When
the case is commenced
shall be by information, or is
commenced not dismissed pursuant
only by to the next preceding
information,
except when paragraph, the court
the offense shall issue an order
cannot be which, together with
prosecuted de copies of the affidavits
oficio. and other evidence
The complaint submitted by the
or information prosecution, shall
shall be require the accused to
accompanied submit his counter-
by the affidavit and the
affidavits of affidavits of his
the compliant witnesses as well as any
and of his evidence
witnesses in in his behalf, serving
such number copies thereof on the
of copies as complainant or
there are prosecutor not later
accused plus than ten (10) days from
two (2) copies receipt of said order.
for the court's The prosecution may
files. If this file reply affidavits
requirement is within ten (10) days
not complied after receipt of the
with within five counter-affidavits of
(5) days from the defense.
date of filing,
the case may
WHAT SHOULD THE
be dismissed
MTC FIRST DO
WHENEVER
Sec. 12. Duty of court. INFORMATION IS
— FILED?
When the case
(a) If commenced by is commenced
compliant. — On the by information,
basis of the compliant or isn’t
and the affidavits and dismissed, the
other evidence court shall
accompanying the issue an order
same, the which,
court may dismiss the together with
case outright for being the affidavits
patently without basis and other
or merit and order the evidence
release of the accused if submitted by
in custody. the
prosecution,
 SHALL
REQUIRE THE
ACCUSED TO
SUBMIT HIS accused for trial, it
COUNTER-
AFFIDAVIT shall order the dismissal
AND THE of the case; otherwise,
AFFIDAVITS OF the court shall set the
case for arraignment
HIS
and trial.
WITNESSES AS
WELL AS ANY
EVIDENCE IN If the accused is in
HIS BEHALF custody for the crime
Copies of the charged, he shall be
above shall be immediately arraigned
served thereof and if he enters a plea
to the of guilty, he shall
complainant or forthwith be
prosecutor not sentenced.
later than 10
days from Sec. 14. Preliminary
receipt of said conference. — Before
order conducting the trial, the
The court shall call the
prosecution
parties to a preliminary
may also be
conference during which
allowed to file
reply affidavits
within 10 days a stipulation of facts
after receipt of may be entered into, or
the counter- the propriety of
affidavits of allowing the accused to
the defense enter a plea of guilty to
a lesser offense
Sec. 13. Arraignment may be considered, or
and trial. — Should the such other matters may
court, upon a be taken up to clarify
consideration of the the issues and to ensure
complaint or a speedy disposition of
information and the the case.
affidavits submitted However, no admission
by both parties, find no by the accused shall be
cause or ground to hold used against him
the unless reduced to
writing and signed by
the accused and his
counsel. A refusal or
failure to stipulate
shall not prejudice the
accused.

WHEN DOES A
PRELIMINARY
CONFERENCE TAKE
PLACE? WHAT
HAPPENS DURING A
 PRELIMINARY who testified may be
CONFERENCE? subjected to cross-
Before conducting the examination, redirect or
trial, the court shall call re-cross examination.
the parties to a Should the affiant fail to
preliminary conference testify, his affidavit
during which—
shall not be
1. Stipulation of facts
considered as
may be entered
competent evidence for
into
the party presenting the
2. The propriety of
allowing the affidavit, but the
accused to adverse party may
plead guilty to utilize the same for any
a lesser admissible purpose.
offense may
be considered
3. Other matters as Except in rebuttal or
may be taken surrebuttal, no witness
up to clarify shall be allowed to
the issues and testify unless his
to ensure a affidavit was previously
speedy submitted to the court
disposition of in
the case accordance with
Section 12 hereof.
Sec. 15. Procedure of
trial. — At the trial, the However, should a
affidavits submitted by party desire to present
the parties shall additional affidavits or
constitute the direct counter-affidavits as
testimonies of the part of his direct
witnesses who executed evidence, he shall so
the same. Witnesses

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 106 of 120

ARREST AGAINST
THE ACCUSED?
The court shall
not order the
manifest during the arrest of the
preliminary conference, accused
stating the purpose except for
thereof. If allowed by failure to
the court, the additional appear
affidavits of the whenever
prosecution or the required.
counter-affidavits of the Release of the
defense shall be person
submitted to the court arrested shall
and served on the either be on
adverse party not later bail or on
than three (3) days recognizance
after the termination of by a
the preliminary responsible
conference. If the citizen
additional affidavits are acceptable to
presented by the the court.
prosecution, the
accused may file his Sec. 17. Judgment. —
counter-affidavits and Where a trial has been
serve the same on the conducted, the court
prosecution within shall promulgate the
three (3) days from judgment not later than
such thirty (30) days after
service. the termination of trial.

Sec. 16. Arrest of

accused. — The court WHEN DOES THE
shall not order the COURT NEED TO
arrest of the accused PROMULGATE
except for failure to JUDGMENT?
appear whenever Where a trial
required. has been
Release of the person conducted, the
arrested shall either court shall
be on bail or on promulgate
recognizance by a the judgment
responsible citizen not later than
acceptable to the thirty (30)
court. days after the
termination of
IF AN ACCUSED IS trial.
CHARGED IN THE
MUNICIPAL TRIAL IV. COMMON
COURT, CAN THE PROVISIONS
COURT ISSUE A
WARRANT OF
Sec. 18. Referral to
Lupon. — Cases
requiring referral to the
Lupon for conciliation
under the provisions of
CAN THE MTC REFER
Presidential Decree No.
THE CASE TO THE
LUPON?
1508 where there is no Yes
showing of compliance The exception
with such is when the
requirement, shall be accused has
dismissed without been arrested
prejudice and may be without
revived only after such warrant.
requirement shall have
WHAT HAPPENS
been complied with.
WHEN THERE HAS
This provision shall not BEEN NO
apply to criminal cases COMPLIANCE WITH
where the accused was THE REQUIREMENT
arrested without a THAT THERE SHOULD
warrant. BE FIRST
CONCILIATION
PROCEEDINGS IN THE
LUPON?
The court may
dismiss the case
without prejudice
It may also
revive the case
only after such
requirement
shall have
been complied
with
This provision
shall not apply
in criminal
cases wherein
the accused
has been
arrested
lawfully
without a
warrant of
arrest.

Sec. 19. Prohibited

pleadings and motions.
— The following
pleadings, motions or
petitions shall not be
allowed in the cases
covered by this Rule:

(a) Motion to dismiss

the complaint or to
quash the complaint or
 information except on any other paper;
the ground of lack of
jurisdiction over the (f) Memoranda;

subject matter, or
failure to comply with (g) Petition for
the preceding section; certiorari, mandamus,
or prohibition against
(b) Motion for a bill of any interlocutory
particulars; order issued by the
court;
(c) Motion for new
(h) Motion to declare
trial, or for
reconsideration of a the defendant in
judgment, or for default;
opening of trial;
(i) Dilatory motions for
(d) Petition for relief postponement;
from judgment;
(j) Reply;
(e) Motion for
extension of time to file (k) Third party
pleadings, affidavits or complaints;

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 107 of 120

8. Motion to declare
the defendant in
default
9. Dilatory motions
for
(l) Interventions. postponement
10. Reply
WHAT PLEADINGS 11. Third-party
AND MOTIONS ARE complaints
PROHIBITED IN 12. Interventions
CASES GOVERNED BY
SUMMARY Sec. 20. Affidavits. —
PROCEDURE? The affidavits required
The following are not to be submitted under
allowed— this Rule shall state
1. A motion to only facts of direct
dismiss the personal knowledge of
complaint or to the affiants which are
quash the admissible in evidence,
complaint or and shall show their
information on competence to testify to
the ground of
the matters stated
lack of
therein.
jurisdiction
over the
subject matter, A violation of this
or failure to requirement may
refer the case subject the party or the
to the Lupon counsel who submits
2. Motion for bill of the same to disciplinary
particulars action, and shall be
3. Motion for new cause to
trial, or for expunge the
reconsideratio inadmissible affidavit
n of a or portion thereof
judgment, or
from the record.
for reopening
of trial
4. Petition for relief WHAT IS REQUIRED
from judgment IN THE SUBMISSION
5. Motion for OF AFFIDAVITS IN A
extension of SUMMARY
time to file PROCEEDING?
pleading, The affidavits
affidavits or required to be
other paper submitted
6. Memoranda under this Rule
7. Petition for shall state only
certiorari, facts of direct
mandamus, or personal
prohibition knowledge of
against any the affiants
interlocutory which are
order issued admissible in
by the courts evidence, and
shall show
their
competence to
testify to the
matters stated Sec. 21. Appeal. — The
therein. judgment or final order
shall be appealable to
the appropriate
Regional Trial Court
which shall decide the
same in accordance
with Section 22 of Batas
Pambansa Blg. 129. The
decision of the
Regional Trial Court in
civil cases governed by
this Rule, including
forcible entry and
unlawful detainer, shall
be immediately
executory, without
prejudice to a further
appeal that may be
taken therefrom.
Section 10 of Rule 70
shall be deemed
repealed.

Sec. 22. Applicability

of the regular rules. —
The regular procedure
prescribed in the Rules
of Court shall apply to
the special cases
herein provided for in a
suppletory capacity
insofar as they are not
inconsistent
herewith.

RULE 124 -
PROCEDURE IN
THE COURT OF
APPEALS

Section 1. Title of the

case. – In all criminal
cases appealed to
the Court of Appeals,
the party appealing
the case shall be
called the
"appellant" and the
adverse party the
"appellee," but the
title of the case shall
remain as it was in
 the court of origin. filed. – Within thirty
(30) days from
Sec. 2. Appointment receipt by the
of counsel de officio appellant or his
for the accused. – If counsel of the notice
it appears from the from the clerk of
record of the case as court of the Court of
transmitted that (a) Appeals that the
the accused is evidence, oral and
confined in prison, documentary, is
(b) is without already attached to
counsel de parte on the record, the
appeal, or (c) has appellant shall file
signed the notice of seven (7) copies of
appeal himself, ask his brief with the
the clerk of court of clerk of court which
the Court of Appeals shall be accompanied
shall designate a by proof of service of
counsel de officio. two (2) copies
thereof upon the
An appellant who is appellee.
not confined in
prison may, upon Sec. 4. When brief
request, be assigned for appellee to be
a counsel de officio filed; reply brief of
within ten (10) days the appellant. –
from receipt of the Within thirty (30)
notice to file brief days from receipt of
and he establishes the brief of the
his right thereto. appellant, the
appellee shall file
Sec. 3. When brief seven (7) copies of
for appellant to be the brief of the

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 108 of 120

of the appellant.

Sec. 8. Dismissal of
appellee with the clerk appeal for
of court which shall be abandonment or
accompanied by proof failure to prosecute. –
of service of two (2) The Court of Appeals
copies thereof upon may, upon motion of
the appellant. the appellee or motu
proprio and with
notice to the appellant
Within twenty (20)
in either case, dismiss
days from receipt of
the appeal if the
the brief of the
appellant fails to file
appellee, the
his brief within the
appellant may file a
time prescribed by
reply brief traversing
this Rule, except
matters raised in the
where the appellant is
former but not
represented by a
covered in the brief of
counsel de officio.
the appellant.
The Court of Appeals
Sec. 5. Extension of
may also, upon motion
time for filing briefs. –
of the appellee or
Extension of time for
motu proprio, dismiss
the filing of briefs will
the appeal if the
not be allowed except
appellant escapes
for good and sufficient
from prison or
cause and only if the
confinement, jumps
motion for extension
bail or flees to a
is filed before the
foreign country during
expiration of the time
the pendency of the
sought to be
appeal.
extended.
WHEN CAN THE COURT
Sec. 6. Form of briefs.
OF APPEALS DISMISS
– Briefs shall either be
AN APPEAL?
printed, encoded or
1. The Court of
typewritten in double
Appeals may,
space on legal size
upon motion of
good quality unglazed
the appellee or
paper, 330 mm. in
motu proprio
length by 216 mm. in
and with notice
width.
to the appellant
in either case,
Sec. 7. Contents of
dismiss the
brief. – The briefs in
appeal if the
criminal cases shall
appellant fails to
have the same
file his brief
contents as provided
within the time
in sections 13 and 14
prescribed by
of Rule 44. A certified
this Rule, except
true copy of the
where the
decision or final order
appellant is
appealed from shall be
represented by
appended to the brief
 a counsel de
officio.
2. The Court of
Appeals may
4. The Court of
also, upon
Appeals may
motion of the
also, upon
appellee or motu
motion of the
proprio, dismiss
appellee or motu
the appeal if the
proprio, dismiss
appellant
the appeal if the
escapes from
appellant flees
prison or
to a foreign
confinement
country during
3. The Court of
the pendency of
Appeals may
the appeal
also, upon
5. The Court of
motion of the
Appeals may
appellee or motu
also, motu
proprio, dismiss
propio dismiss
the appeal if the
the appeal if the
appellant jumps appellant fails to
bail prosecute
6. The Court of
Appeals may
also, motu
propio dismiss
the appeal if the
appellant
abandons his
appeal

Sec. 9. Prompt
disposition of appeals.
– 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.

Sec. 10. Judgment not

to be reversed or
modified except for
substantial error. – No
judgment shall be
reversed or modified
unless the Court of
Appeals, after an
examination of the
record and of the OF JUDGMENT OF THE
evidence adduced by COURT OF APPEALS?
the parties, is of the 1. Reverse, affirm,
opinion that terror or modify the
was committed which judgment
injuriously affected 2. Increase or
the substantial rights reduce the
of the appellant. penalty imposed
by the trial court
WHEN CAN JUDGMENT 3. Remand the
BE REVERSED OR case to the RTC
MODIFIED? for new trial or
It can only be retrial
reversed or 4. Dismiss the case
modified when
there has been WHY CANNOT THE CA
substantial REVISE THE JUDGMENT
errors OF THE LOWER
COURT?
Sec. 11. Scope of The power to
judgment. – The Court revise is not
of Appeals may given because it
reverse, affirm or is changing the
modify the judgment manner of the
and increase or reduce penning of the
the penalty imposed judgment of the
by the trial court, trial judge
remand the case to It is violative of
the Regional Trial the rule that the
Court for new trial or judge must write
retrial, or dismiss the the decision
case. personally

WHAT IS THE SCOPE

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 109 of 120

ground of newly-
discovered evidence.

CAN THE COURT OF

DISTINGUISH MODIFY
APPEALS ACCEPT
AND REVISE
EVIDENCE DURING
MODIFY
AN APPEAL?
The appellate court bases its Generally, an
modification on errors in the facts or appellate court
laws of the case doesn’t accept
new evidence
MUST ALL BE during an
ALLEGED IN THE appeal. Its
APPEAL IN ORDER TO decision is
REVIEW THE CASE IN
based on the
ITS ENTIRETY?
records and
No.
other
An appeal in
documents
criminal
forwarded to it
proceedings
by the lower
throws the
courts
whole case
It can accept
open for
evidence
review. It is the
though in the
duty of the
resolution of
appellate court
contentious
to correct such
factual issues,
errors as might
which are
be found in the
raised in
appealed
cases:
judgment,
1. Falling
whether they
within
are assigned or its
not. original
jurisdic
Sec. 12. Power to tion
receive evidence. – 2. Involvin
The Court of Appeals g
shall have the power claim
to try cases and for
conduct hearings, dama
receive evidence and ges
perform any and all arisin
acts necessary to g
resolve factual issues from
raised in cases (a) provis
falling within its ional
original jurisdiction, reme
(b) involving claims dies
for damages arising 3. Where
from provisional the
remedies, or court
(c) where the court grants
grants a new trial a new
based only on the trial
 based
on the
groun
d of
Justices to sit
newly
temporarily with
-
them, forming a
discov
ered special division of
evide five (5) members and
nce the concurrence of a
majority of such
division shall be
Sec. 13. Quorum of
necessary for the
the court;
pronouncement of a
certification or
judgment or final
appeal of cases to
resolution. The
Supreme Court. –
designation of such
Three (3) Justices of
additional Justices
the Court of Appeals
shall be made strictly
shall constitute a
by raffle and rotation
quorum for the
among all other
sessions of a
Justices of the Court
division. The
of Appeals.
unanimous vote of
the three (3) Justices
of a division shall be Whenever the
necessary for the Court of Appeals find
pronouncement of a that the penalty of
judgment or final death, reclusion
resolution, which perpetua, or life
shall be reached in imprisonment should
consultation before be imposed in a case,
the writing of the the court, after
opinion by a member discussion of the
of the division. In the evidence and the law
event that the three involved, shall render
(3) Justices can not judgment imposing
reach a unanimous the penalty of death,
vote, the Presiding reclusion perpetua,
Justice shall direct or life imprisonment
the raffle committee as the circumstance
of the Court to warrant. However, it
designate two (2) shall refrain from
additional entering the
judgment and
forthwith certify the
case and elevate the
entire record thereof
to the Supreme Court
for review.

HOW DOES THE CA

DECIDE THE CASE?
Three (3)
Justices of the
Court of
Appeals shall
constitute a
quorum for the
sessions of a
 division. the
The unanimous pronouncement
vote of the of a judgment
three (3) or final
Justices of a resolution. The
division shall be designation of
necessary for such additional
the Justices shall
pronouncement be made
of a judgment strictly by raffle
or final and rotation
resolution, among all other
which shall be Justices of the
reached in Court of
consultation Appeals.
before the NB: There is
writing of the tyranny of the
opinion by a minority. In
member of the case one of the
division. three justices
In the event in a division
that the three disagrees, he
(3) Justices can wins even if it
not reach a is 2 against 1.
unanimous
vote, the A.M. No. 00-5-03-SC
Presiding
Justice shall RE: AMENDMENTS TO
direct the raffle THE REVISED RULES
committee of OF CRIMINAL
the Court to PROCEDURE TO
designate two GOVERN DEATH
(2) additional PENALTY CASES
Justices to sit
temporarily RESOLUTION
with them,
forming a Acting on the
special division
recommendation of the
of five (5)
Committee on Revision
members and
of the Rules of Court
the
submitting for this
concurrence of
Court's consideration
a majority of
and
such division
shall be approval the Proposed
necessary for Amendments to the
Revised Rules of

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

 CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 110 of 120

Criminal Procedure To Govern Death Penalty Cases, the Court automatically review the judgment as provided in Section 10 of this
Resolved to APPROVE the same. Rule. (3a)

The amendments shall take effect on October 15, 2004 following its xxx
publication in a newspaper of general circulation not later than
September 30, 2004. Sec. 10. Transmission of records in case of death penalty. — In all
cases where the death penalty is imposed by the trial court, the
September 28, 2004. records shall be forwarded to the Court of Appeals for automatic
review and judgment within twenty days but not earlier than
Davide, Jr., C.J., Puno, Panganiban, Quisumbing, Ynares-Santiago, fifteen days from the promulgation of the judgment or notice of
Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Carpio- denial of a motion for new trial or reconsideration. The transcript
Morales, Callejo, Sr., and Tinga, JJ., concur. shall also be forwarded within ten days after the filing thereof by
the stenographic reporter. (10a)
Azcuna and Chico-Nazario, JJ., on leave.
xxx
AMENDED RULES TO GOVERN REVIEW OF DEATH PENALTY CASES
Rule 124
Rule 122, Sections 3 and 10, and Rule 124, Sections 12 and 13, of
the Revised Rules of Criminal Procedure, are amended as follows: Sec. 12. Power to receive evidence.—The Court of Appeals shall
have the power to try cases and conduct hearings, receive
evidence
Rule 122 and perform all acts necessary to resolve factual issues raised in
cases falling within its original and appellate jurisdiction, including
Sec. 3. How appeal taken.—(a) The appeal to the Regional Trial the power to grant and conduct new trials or further proceedings.
Court, or to the Court of Appeals in cases decided by the Regional Trials or hearings in the Court of Appeals must be continuous and
Trial Court in the exercise of its original jurisdiction, shall be by must be completed within three months, unless extended by the
notice of appeal filed with the court which rendered the judgment Chief Justice. 12(a)
or final order appealed from and by serving a copy thereof upon
the
adverse party. Sec. 13. Certification or appeal of case to the Supreme Court.—(a)
Whenever the Court of Appeals finds that the penalty of death
(b) The appeal to the Court of Appeals in cases decided by the should be imposed, the court shall render judgment but refrain
Regional Trial Court in the exercise of its appellate jurisdiction
shall from making an entry of judgment and forthwith certify the case
be by petition for review under Rule 42. and elevate its entire record to the Supreme Court for review.

(c) The appeal in cases where the penalty imposed by the Regional (b) Where the judgment also imposes a lesser penalty for offenses
Trial Court is reclusion perpetua, life imprisonment or where a committed on the same occasion or which arose out of the same
lesser penalty is imposed for offenses committed on the same occurrence that gave rise to the more severe offense for which the
occasion or which arose out of the same occurrence that gave rise penalty of death is imposed, and the accused appeals, the appeal
to the more, serious offense for which the penalty of death, shall be included in the case certified for review to, the Supreme
reclusion perpetua, or life imprisonment is imposed, shall be by Court.
notice of appeal to the Court of Appeals in accordance with
paragraph (a) of this Rule. (c) In cases where the Court of Appeals imposes reclusion
perpetua, life imprisonment or a lesser penalty, it shall render and
(d) No notice of appeal is necessary in cases where the Regional enter judgment imposing such penalty. The judgment may be
Trial Court imposed the death penalty. The Court of Appeals shall
BY: MA. ANGELA LEONOR C. AGUINALDO
ATENEO LAW 2010
CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 111 of 120

is imposed, and
the accused
appeals, the
appealed to the appeal shall be
included in the
Supreme Court by case certified
notice of appeal filed for review to,
with the Court of the Supreme
Appeals. Court.
In cases where
WHAT IS THE the Court of
PROCEDURE WHEN Appeals
THE CA FINDS THAT imposes
THE PENALTY TO BE reclusion
IMPOSED IS DEATH, perpetua, life
RECLUSION imprisonment
PERPETUA, OR LIFE or a lesser
IMPRISONMENT? penalty, it shall
Whenever the render and
Court of Appeals enter judgment
finds that the imposing such
penalty of death penalty. The
should be judgment may
imposed, the be appealed to
court shall the Supreme
render Court by notice
judgment but of appeal filed
refrain from with the Court
making an entry of Appeals.
of judgment and
forthwith certify WHAT IF THE
the case and DECISION APPEALED
elevate its TO THE CA IS PURELY
entire record to QUESTIONS OF LAW?
the Supreme The CA may certify it
Court for to the SC directly
review.
Where the Sec. 14. Motion for
judgment also new trial. – At any
imposes a time after the appeal
lesser penalty from the lower court
for offenses has been perfected
committed on and before the
the same judgment of the Court
occasion or of Appeals convicting
which arose out the appellant
of the same becomes final, the
occurrence that latter may move for a
gave rise to the new trial on the
more severe ground of newly-
offense for discovered evidence
which the material to his
defense. The motion
penalty of death
shall conform with
the provisions of
section 4, Rule 121.

CAN THE CA CONDUCT

The evidence
A NEW TRIAL?
must be
Yes, the ground
discovered after
for new trial is
the perfection of
based on newly-
appeal, but
discovered
before the CA
evidence and
renders its
the motion shall
judgment,
conform with
because after
the provisions of
the perfection of
Section 4, Rule
the appeal, the
121
trial court loses
its jurisdiction.
WHAT IS NEWLY-
DISCOVERED On the other
EVIDENCE? hand, prior
This is material perfection of an
evidence that appeal, the party
can change the discovering the
outcome of the new evidence
judgment when may file a
admitted motion for new
trial with the trial
WHEN SHOULD THE court anyway.
NEWLY-DISCOVERED
EVIDENCE BE INSTEAD OF FILING A
DISCOVERED? MOTION FOR NEW
TRIAL, CAN A PARTY
FILE A MOTION FOR
RECONSIDERATION
INSTEAD?
No since a
motion for
reconsideration
only covers
errors of facts or
laws and not
newly-discovered
evidence, which
pertains
exclusively as a
ground for new
trial

WHY IS THE PERIOD

FOR FILING A MOTION
FOR NEW TRIAL FROM
A DECISION OF THE
RTC DIFFERENT FROM
THAT OF THE CA?
For the reason that at
some point in time,
the case must end.

Sec. 15. Where new

trial conducted. – When days from notice
a new trial is granted, of the decision or
the Court of Appeals final order of the
may conduct the Court of Appeals
hearing and receive with copies
evidence as provided in thereof served
section 12 of this Rule upon the
or refer the trial to the adverse party,
court of origin. setting forth the
grounds in
Sec. 16. support thereof.
Reconsideration. – A
The mittimus
motion for
shall be stayed
reconsideration shall
during the
be filed within fifteen
pendency of the
(15) days from notice
of the decision or final motion for
order of the Court of reconsideration.
Appeals with copies No party shall be
thereof served upon allowed a second
the adverse party, motion for
setting forth the reconsideration
grounds in support of a judgment or
thereof. The mittimus final order.
shall be stayed during
the pendency of the WHAT IS THE MEANING
motion for OF MITTIMUS?
reconsideration. No It is the process
party shall be allowed issued by the
a second motion for court after
reconsideration of a conviction to
judgment or final carry out the
order. final judgment
such as
WHEN SHOULD A commanding a
MOTION FOR prison warden to
RECONSIDERATION BE hold the accused
FILED? in accordance
A motion for with the terms of
reconsideration the judgment
shall be filed
within fifteen (15)

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 112 of 120

with the provision of

this Rule.

RULE 125 -
PROCEDURE
Sec. 17. Judgment
IN THE
transmitted and filed
SUPREME
in trial court. – When
COURT
the entry of judgment
of the Court of
Appeals is issued, a Section 1. Uniform
certified true copy of Procedure. – Unless
the judgment shall be otherwise provided by
attached to the the Constitution or by
original record which law, the procedure in
shall be remanded to the Supreme Court in
the clerk of the court original and in
from which the appeal appealed cases shall
was taken. be the same as in the
Court of Appeals.
WHAT SHOULD BE
DONE AFTER THE HOW MANY VOTES
JUDGMENT OF THE CA ARE NEEDED?
HAS BECOME FINAL? The rule is that the
When the majority is needed to
judgment of the decide a case en
CA becomes banc
final, a certified An exception is that
true copy of the when all are not
judgment shall present, majority of
be attached to all those
the original present/who
constitute a
record which
quorum and
shall be
actually
remanded to the
participated in
clerk of the the
court from which deliberations.
the appeal was o There
taken. must be a
quorum
Sec. 18. Application of o Majority
certain rules in civil of those
procedure to criminal who
cases. – The provisions particip
of Rules 42, 44 to 46 ated
and 48 to 56 relating and
to procedure in the voted
Court of Appeals and shouldn
in the Supreme Court ’t be
in original and less
appealed civil cases than 5
shall be applied to Division of 7:
criminal cases insofar majority not less
as they are applicable than 5; division
and not inconsistent of 5: majority
 not less than 3;
division of 3:
unanimous
decision, if the criminal cases
unanimous rendered by the Court
decision couldn’t of Appeals shall be the
be obtained, 2 same as in civil cases.
justices must be
temporarily Sec. 3. Decision if
assigned to the opinion is equally
division by raffle divided. – When the
Supreme Court en
Sec. 2. Review of banc is equally divided
decisions of the Court in opinion or the
of Appeals. – The necessary majority
procedure for the cannot be had on
review by the whether to acquit the
Supreme Court of appellant, the case
decisions in shall again be
deliberated upon and
if no decision is
reached after re-
deliberation, the
judgment of conviction
of lower court shall be
reversed and the
accused acquitted.

WHY SHOULD THE

JUDGMENT RESULT IN
ACQUITTAL IF NO
DECISION IS REACHED
AFTER RE-
DELIBERATION?
Because of the
presumption of
innocence where
all doubts should
be resolved in
favor of the
accused and the
principle that
when
inculpatory facts
are susceptible
of 2 or more
interpretations,
the ambiguity
must be decided
in favor of the
accused.

RULE
126 -
SEAR
CH
AND
SEIZU
 RE
WHAT IS THE CONCEPT
Section 1. Search OF A SEARCH
warrant defined. – A WARRANT?
search warrant is an It is a criminal
order in writing issued process akin to a
in the name of the mode of discovery
People of the It is a special and
Philippines, signed by peculiar remedy,
a judge and directed which is drastic in
to a peace officer, nature
commanding him to
search for personal ARE SEARCH AND
property described SEIZURES PROHIBITED
therein and bring it UNDER THE
before the court. CONSTITUTION?
No. The
WHAT IS A SEARCH constitutional
WARRANT? guarantee
A search warrant embodied in
is an order in Article 3, Section
writing issued in 2 of the
the name of the Constitution is
People of the not a blanket
Philippines, prohibition
signed by a against all
judge and searches and
directed to a seizures as it
peace officer, operates only
commanding against
him to search unreasonable
for personal searches and
property seizures
described
therein and WHEN IS THE SEARCH
bring it before OR SEIZURE
the court. UNREASONABLE?

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 113 of 120

WHAT ARE THE

THREE SITUATIONS
WHEREIN THERE
A search and
MUST BE FINDING
seizure is OF PROBABLE
unreasonable CAUSE?
if it is made 1. Probable cause
without a in filing of an
warrant, or the information
warrant was Facts and
invalidly circumst
issued. ances
In all that
instances, would
what engender
constitutes a well-
reasonable or grounded
unreasonable belief
search or that a
seizure is a crime
purely judicial has been
question committe
determinable d and the
from a person to
consideration be
of the charged
attendant is
circumstances. probably
guilty
DISTINGUISH thereof
BETWEEN A 2. Probable cause
WARRANT OF in the issuance
ARREST AND SEARCH of a search
WARRANT warrant
SEARCH WARRANT Facts and
QUANTUM OF The applicant must showcircumst
EVIDENCE; that the ances
PROBABLE may be seized by virtue that
CAUSE; of their being connected would
CONCLUSIONS with lead a
and that the items will reasonab
be found in the place to le
be searched. discreet
and
The judge must prudent
conduct man to
searching examination ofbelieve
the applicant that
witnesses. there has
been a
crime
committe
d and the
 things and
objects
connected
to the WHY ARE THE
crime REQUIREMENTS FOR
committed THE ISSUANCE OF A
are in the SEARCH WARRANT
place to MORE STRINGENT
be THAN THE
searched REQUIREMENTS FOR
3. Probable cause in THE ISSUANCE OF A
the issuance of WARRANT OF ARREST?
a warrant of The right against
arrest unreasonable
Facts and search and
circumsta seizure is a core
nces that right implicit in
would the natural right
engender to life, liberty
a well- and property.
grounded Even in the
belief that absence of a
a crime constitution,
has been individuals have
committed a fundamental
and the and natural right
person to against
be unreasonable
arrested search and
committed seizure under
it natural law.
Moreover, the
violation of the
right to privacy
produces a
humiliating
effect that
cannot be
rectified
anymore.
This is why there
is no other
justification to
speak of for a
search, except
for a warrant.
On the other
hand, in a
warrant of
arrest, the
person to be
arrested can
always post bail
to prevent the
deprivation of
liberty.
Sec. 2. Court where FOR
application for search COMPELLING
warrant shall be filed. – REASONS stated
An application for in the
search warrant shall be application, any
filed with the following: court within the
judicial region
(a) Any court where the crime
within whose territorial was committed if
jurisdiction a crime was
the place of the
committed.
commission of
the crime is
(b) For compelling
reasons stated in the known, or any
application, any court court within the
within the judicial judicial region
region where the crime where the
was committed if the warrant shall be
place of the commission enforced.
of the crime is known, For example, a
or any court within the drug syndicate
judicial region where keeps his drugs
the warrant shall be in a warehouse
enforced. in Pasay for the
reason that it
However, if the has connections
criminal action has in Pasay and can
already been filed, the easily get a tip
application shall only when the police
be made in the court officers will file
where the criminal
for a search
action is pending.
warrant. To
avoid the drug
WHERE SHOULD ONE
syndicate from
FILE AN APPLICATION
FOR SEARCH getting a tip of
WARRANT? the impending
As a general rule, search, the
any court within police officers
whose territorial apply for a
jurisdiction a search warrant
crime was in Makati stating
committed BUT the compelling
reason.

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 114 of 120

WARRANT BE THE
OWNER OF THE
THINGS TO BE SEIZED?
No, ownership is of
However, if the
no consequence.
criminal action
What is relevant is
has already
that the property is
been filed, the
connected to an
application shall
offense.
only be made in
the court where
Sec. 4. Requisites for
the criminal
issuing search
action is
warrant. – A search
pending. warrant shall not issue
except upon probable
Sec. 3. Personal cause in connection
property to be seized. with one specific
– A search warrant offense to be
may be issued for the determined personally
search and seizure of by the judge after
personal property: examination under
oath or affirmation of
(a) Subject of the the complainant and
offense; the witness he may
produce, and
(b) Stolen or particularly describing
embezzled and other the place to be
proceeds, or fruits of searched and the
the offense; or things to be seized
which may be
(c) Used or anywhere in the
intended to be used as Philippines.
the means of
committing an offense. WHAT ARE THE
REQUISITES OF A
WHAT MAY BE THE VALID SEARCH
SUBJECT OF A SEARCH WARRANT?
WARRANT? 1. There must be
1. Subject of the probable cause
offense; —facts and
2. Stolen or circumstances
embezzled and that would
other proceeds, engender a well-
or fruits of the founded belief in
offense; or a reasonable
3. Used or prudent and
intended to be discreet man
used as the that a crime has
means of been committed
committing an and the things
offense. and objects to
be seized can be
IS IT NECESSARY THAT found in the
THE PERSON NAMED place to be
IN THE SEARCH searched
2. Which must be
determined by
the judge
personally
3. (Upon whom?)
through
The complainant
searching and
and the
probing
witnesses he
questions—
may produce are
questions not
personally
merely
examined by the
answerable by
judge, in writing
yes or no but
and under oath
could be
and affirmation
answered by the
4. (Based on
applicant and
what?) The
the witnesses on
applicant and
facts personally
the witnesses
known to them
testify on facts
personally
known to them
5. The probable
cause must be in
connection with
the specific
offense
6. The warrant
specified
describes the
person and
place to be
searched and
the things to be
seized
7. The sworn
statement
together with
the affidavits of
the witnesses
must be
attached to the
record

WHAT IS THE PURPOSE

FOR THE
PARTICULARITY OF
DESCRIPTION OF THE
PLACE TO BE
SEARCHED AND THE
THINGS TO BE SEIZED?
The evident
purpose and
intent of this
requirement is
to limit the
things to be
seized to those,
and only those,
particularly
described in the
 search warrant— perjury could be
to leave officers charged against the
of the law with witness
no discretion
regarding what WHAT ARE THE
articles they REQUISITES OF THE
should seize, to PERSONAL
the end that EXAMINATION THAT
unreasonable THE JUDGE MUST
searches and CONDUCT BEFORE
seizures may ISSUING THE SEARCH
not be WARRANT?
committed, that 1. The judge must
abuses may not examine the
witness
be committed.
personally
2. The examination
Sec. 5. Examination of
must be under
complainant; record. –
oath
The judge must,
3. The examination
before issuing the
must be reduced
warrant, personally
into writing in
examine in the form of
the form of
searching questions
searching
and answers, in
questions and
writing and under
answers
oath, the complainant
and the witnesses he
Sec. 6. Issuance and
may produce on facts
form of search
personally known to
warrant. – If the judge
them and attach to the
is satisfied of the
record their sworn
existence of facts
statements, together
upon which the
with the affidavits
application is based or
submitted.
that there is probable
cause to believe that
WHEN IS THE
they exist, he shall
AFFIDAVIT OR
issue the warrant,
TESTIMONY OF THE
which must be
WITNESS SAID TO BE
substantially in the
BASED ON PERSONAL
form prescribed by
KNOWLEDGE?
these Rules.
The test is whether

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 115 of 120

DOOR #1 WAS
ACTUALLY DOOR #7.
CAN THEY SEARCH
DOOR #7?
No, what is
WHAT IS A SCATTER
SHOT WARRANT? controlling is
what is stated in
It is a warrant of
the warrant, and
arrest that is
not what the
issued for more
peace officers
than one offense
had in mind,
It is void for the
even if they
law requires that
were the ones
a warrant of
who gave it the
arrest should
description to
only
be issued in the court.
connection with This is to prevent
one specific abuses in the service
offense of search warrants

A WARRANT WAS CAN THE POLICE

ISSUED FOR THE OFFICER SEIZE
SEIZURE OF DRUGS ANYTHING THAT IS
CONNECTED WITH THE NOT INCLUDED IN THE
VIOLATION OF THE WARRANT?
DANGEROUS DRUGS No, anything not
ACT. IS THE WARRANT included in the
VALID? warrant cannot
The warrant is valid be seized
Although there EXCEPT if its
are many ways mala prohibita,
of violating the in which case,
Dangerous the seizure is
Drugs Act, it is justified under
not a scatter the plain view
shot warrant doctrine.
since it is in Even if the
connection with object was
only one penal related to the
law crime, but it is
not mentioned
POLICE OFFICERS in the warrant
APPLIED FOR A nor is it mala
WARRANT TO SEARCH prohibita, it still
DOOR #1 OF AN cannot be seized
APARTMENT
COMPLEX. THE COURT POLICE OFFICERS
ISSUED THE WENT TO THE HOUSE
WARRANT. WHEN TO EXECUTE A SEARCH
THEY WENT TO THE WARRANT. THEY
APARTMENT FOUND A PISTOL ON
COMPLEX, THEY THE TABLE, BUT THE
REALIZED THAT WHAT PISTOL WASN’T
THEY THOUGHT WAS INCLUDED IN THE
SEARCH WARRANT.
CAN THEY SEIZE THE
PISTOL?
No, it is not mala
Sec. 7. Right to break
prohibita and door or window to
they have no effect search. – The
proof that it is officer, if refused
unlicensed. admittance to the
place of directed
WHAT SHOULD THE search after giving
POLICE OFFICER OR notice of his purpose
COURT TO DO THINGS and authority, may
SEIZED ILLEGALLY? break open any outer
Anything seized or inner door or
illegally must be window of a house or
returned to the any part of a house or
owner unless it anything therein to
is mala execute the warrant to
prohibita. In liberate himself or any
such a case, it person lawfully aiding
should be kept him when unlawfully
in custodia legis. detained therein.

Sec. 8. Search of
house, room, or
premises to be made
in presence of two
witnesses. – 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.

NOTE: The two witness

rule only applies in the
absence of the lawful
occupants of the
premises searched

PEACE OFFICERS
RAIDED A HOUSE,
WHICH WAS
SUSPECTED TO BE A
FACTORY FOR ILLEGAL
DRUGS. DURING THE
RAID, 8 CHINESEMEN
WERE FOUND INSIDE
WHO COULDN’T SPEAK
ENGLISH OR FILIPINO.
THE CHINESE WERE
LOCKED INSIDE A served in the day
ROOM AND TWO time, unless the
WITNESSES WHO affidavit asserts that
WERE NOT the property is on the
OCCUPANTS WERE person or in the place
USED WHILE ordered to be
SEARCHING THE searched, in which
HOUSE AND SEIZING case a direction may
THE PROHIBITED be inserted that it be
DRUGS. VALID? served at any time of
No. the day or night.
The two-witness
rule can only WHEN SHOULD THE
apply when SEARCH WARRANT BE
there is absence EXECUTED?
of the lawful If possible, it should
occupants of the be executed during
premises the daytime
searched. But in certain
In this case, they cases, such as
locked the when the things
occupants in a seized are
room while mobile or are in
doing the search the person of
and seizure and the accused, it
used 2 can be served
witnesses who during nighttime
weren’t the
occupants of the Sec. 10. Validity of
premises. search warrant. – A
search warrant shall
Sec. 9. Time of making be valid for ten (10)
search. – The warrant days from its date.
must direct that it be Thereafter, it shall be
void.

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 116 of 120

already been
carried out, the
warrant cannot
be used
FOR HOW LONG IS THE anymore.
SEARCH WARRANT The exception is
VALID? if the search
It is valid for 10 wasn’t finished
days, after within 1 day, the
which the police warrant can still
officer should be used the next
make a return to day, provided it
the judge who is still within the
issued it 10-day period
If the police
officer doesn’t Sec. 11. Receipt for
make a return, the property seized. –
the judge should The officer seizing the
property under the
summon him
warrant must give a
and require him
detailed receipt for
to explain why
the same to the lawful
no return was occupant of the
made If the premises in whose
return was presence the search
made, the judge and seizure were
should made, or in the
determine if the absence of such
peace officer occupant, must, in the
issued the presence of at least
receipt to the two witnesses of
occupant of the sufficient age and
premises from discretion residing in
which the things the same locality,
were taken. leave a receipt in the
The judge shall place in which he
also order the found the seized
delivery to the property.
court of the
things seized. WHAT IS THE DUTY OF
THE OFFICER WHEN HE
IF THE WARRANT WAS SEIZES THE
EXECUTED EVEN PROPERTY?
BEFORE THE The officer
EXPIRATION OF THE seizing the
10-DAY PERIOD, CAN property under
THE PEACE OFFICER the warrant
USE THE WARRANT must give a
AGAIN BEFORE IT detailed receipt
EXPIRES? for the same to
No, of the the lawful
purpose for occupant of the
which it was premises in
issued has whose presence
 the search and
seizure were
made, or in the
absence of such
occupant, must, IS THERE PERIL TO THE
in the presence OWNER OF THE
of at least two THINGS SEIZED IF HE
witnesses of IS MADE TO SIGN THE
sufficient age BOOKING SHEET?
and discretion There is no peril
residing in the since he would
same locality, just be made to
leave a receipt acknowledge
in the place in that a case has
which he found been filed
the seized against him
property.
THE ACCUSED WAS
CAN THE OWNER OF ARRESTED DURING A
THE THINGS SEIZED BE BUY-BUST OPERATION.
MADE TO SIGN THE PESO BILLS WERE
RECEIPT? SEIZED FROM HIM.
CAN THE ACCUSED BE
MADE TO SIGN THE
BILLS?
Yes, having the bills
is not a crime.
This applies even if
the bills involved is
marked money.

Sec. 12. Delivery of

property and
inventory thereof to
court; return and
proceedings thereon. –

(a) The officer must

forthwith deliver the
property seized to the
judge who issued the
warrant, together with
a true inventory
thereof duly verified
under oath.

(b) Ten (10) days after

issuance of the search
warrant, the issuing
judge shall ascertain if
the return has been
made, and if none,
shall summon the
person to whom the
warrant was issued
and require him to
explain why no return
was made. If the
return has been made,
the judge shall A violation of this
ascertain whether section shall
section 11 of this Rule constitute contempt of
has been complied court.
with and shall require
that the property WHAT IS THE DUTY OF
seized be delivered to THE OFFICER AFTER
him. The judge shall THE PROPERTY
see to it that SOUGHT UNDER THE
subsection (a) hereof SEARCH WARRANT
has been complied HAS BEEN SEIZED?
with. The officer must
forthwith deliver
(c) The return on the the property
search warrant shall seized to the
be filed and kept by judge who
the custodian of the issued the
log book on search warrant,
warrants who shall together with a
enter therein the date true inventory
of the return, the
thereof duly
result, and other
verified under
actions of the judge.
oath.
No since this would be tantamount to a violation of one’s
right Sec. 13. Search incident to lawful arrest. – A
person lawfully against self-incrimination. It is a
confession without the arrested may be searched for
dangerous weapons or anything assistance of counsel.

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 117 of 120

cursory
b. Cant
make a
thorough
which may have been
search;
used or constitute
just have
proof in the
to take a
commission of an
look; not
offense without a
to open
search warrant.
trunks
4. Consented
IN WHAT INSTANCES warrantless
WOULD A SEARCH AND searches
SEIZURE WITHOUT A
a. The right
WARRANT BE
exists
ALLOWED?
b. Person
1. A warrantless
making
search incidental the
to a lawful arrest consent
a. Arrest knows
must be that he
lawful has the
b. It must right
be c. In spite
contem of the
poraneo knowledg
us with e of the
the right, he
arrest voluntaril
in both y and
time intelligen
and tly gives
place his
c. Within consent
the 5. Customs searches
vicinity 6. Stop and frisk
of the
7. Exigent and
person
emergency
arreste
circumstances
d,
8. Checkpoints
immedi
9. Republic Act
ate
requiring
control,
inspections or
which is
body checks in
the
evidenc airports
e of the 10. Emergency
offense 11. In times of war
or and within
weapon military
2. Search of operations
evidence in plain
view WHAT ARE THE
3. Search of a INSTANCES OF A
moving vehicle PERMISSIBLE
a. Must be WARRANTLESS ARREST?
1. Arrest in flagrante
 delicto
2. Arrest effected
in hot pursuit
3. Arrests of
escaped
WHEN IS THE
prisoners
WARRANTLESS
SEARCH OF A
WHAT IS THE AREA OF
MOVING VEHICLE
COVERAGE OF AN
ALLOWED?
OFFICER’S SEARCH? IS
It is allowed when it
IT LIMITED TO THE
PERSON OF THE is not practicable to
ACCUSED? secure a warrant
Under this rule,
the search being WHAT ARE THE
an incident to a REQUIREMENTS IN A
WARRANTLESS
lawful arrest
SEARCH INCIDENTAL
may extend
TO A LAWFUL
beyond the ARREST?
person of the 1. Arrest must be
one arrested to lawful
include the 2. It must be
premises or contemporane
surrounding ous with the
under his arrest in both
immediate time and place
control 3. Within the
The search must vicinity of the
be made after person
the arrest. The arrested,
objective is to immediate
make sure that control, which
the life of the is the
peace officer evidence of
will not be the offense or
endangered. It weapon
must be
contemporaneo NOLASCO V. PAÑO -
us with the 147 SCRA 509
arrest in both FACTS:
time and place.
The case at bar is for the
motion for partial
reconsideration of both
petitioners and
respondents of the SC’s
decision that the
questioned search
warrant by petitioners is
null and void, that
respondents are enjoined
from introducing
evidence using such
search warrant, but such
personalities
obtained would still be
retained, without prejudice
to petitioner Aguilar-
Roque. Respondents proceeding" (Sec. 4[2]).
contend that the search This constitutional
warrant is valid and that mandate expressly
it adopting the exclusionary
should be considered in rule has proved by
the context of the crime historical experience to
of rebellion, where the be the only practical
warrant was based. means of enforcing the
Petitioners on the other constitutional
hand, on the part of injunction against
petitioner unreasonable searches and
Aguilar-Roque, contend seizures by outlawing all
that a lawful search evidence illegally seized
would be justified only by and thereby removing the
a lawful arrest. And incentive on the part of
since there was illegal state and police officers
arrest of Aguilar-Roque, to disregard such basic
the rights. What the plain
search was unlawful and language of the
that the personalities Constitution mandates is
seized during the illegal beyond the power of the
search should be courts to
returned to the petitioner. change or modify. All the
The respondents, in articles thus seized fag
defense, under the exclusionary
concede that the search rule totally and
warrants were null and unqualifiedly and cannot
void but the arrests were be used against any of the
not. three
HELD: petitioners.

"Any evidence obtained PEOPLE V. MUSA - 217

in violation of this . . . SCRA 597
section shall be FACTS:
inadmissible for any
purpose in any

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 118 of 120

allegedly.
HELD:

The right of the person to

Accused seeks the be secure against any
reversal of his conviction unreasonable seizure of
for violating the Dangerous his body and any
Drugs Act. He was found deprivation of liberty is a
guilty of selling marijuana most basic and
fundamental
leaves to a police officer
in an entrapment one. The statute or rule,
operation. HELD: There which allows exceptions to
is no doubt that the the requirement of
warrantless search warrants of arrest is strictly
incidental to a lawful arrest construed. Any exception
must clearly fall
authorizes the arresting
officer to make a search within the situations when
securing a warrant would
upon the person of the
be absurd or is manifestly
person arrested. Hence, in
unnecessary as provided
a buy-bust operation
by the Rule. We cannot
conducted to entrap a liberally
drug-pusher, the law
enforcement agents may construe the rule on
seized the marked money arrests without warrant or
found on the person of the extend its application
pusher immediately after beyond the cases
specifically provided by
the arrest even without law. To do so would
arrest or search warrants. infringe
Furthermore, it may extend upon personal liberty and
beyond to include the
premises or surroundings set back a basic right so
under his immediate often violated and so
control. deserving of full
protection.
PEOPLE V. BURGOS -
144 SCRA 1 WHO SHOULD GIVE
FACTS: CONSENT TO A
WARRANTLESS
Due to an information SEARCH AND WHAT
given by a person, who ARE THE
allegedly was being REQUISITES?
forcibly recruited by Only the
accused to the NPA, the person whose
members of the right may be
Constabulary went to violated can
the house of accused, give the
asked about his firearm consent; it is a
and documents connected personal right
to subversive activities. that cannot be
Accused pointed to where availed of by
his firearm was as well as third parties.
The requisites
his other documents
are:
 1. The person
has
knowledge
of his right
1. There must have
against the
been a prior
search
valid intrusion
2. He freely
based on the
and
warrantless
intelligentl
arrest in which
y gives his
the police are
consent in
legally present
spite of
in the pursuit
such
of their official
knowledge
duties
2. The evidence
WHAT ARE THE
was
REQUISITES FOR THE
inadvertently
PLAIN VIEW
discovered by
DOCTRINE TO APPLY?
the police who
had the right
to be where
they are
3. The evidence
must be
immediately
apparent
4. There was no
need for further
search

WHAT IS A STOP AND

FRISK SITUATION?
WHEN IS IT VALID?
It is a situation
wherein there
is a limited
protective
search of outer
clothing for
weapons
While probable
cause is not
required to
conduct a stop
and frisk, mere
suspicion or a
hunch will not
validate such a
procedure.
A genuine
reason must
exist, in light
of the police
officer’s
experience
and
surrounding
conditions, to
 warrant the broad daylight on a busy
belief that the street on mere
person has unexplained suspicion.
detained the
weapons MANALILI V. COURT OF
concealed APPEALS - 280 SCRA
about him. 400
FACTS:
PEOPLE V. MENGOTE -
Narcotics officers were
210 SCRA 174
doing surveillance and
FACTS: chanced upon the accused
Information was given in a cemetery who
about three suspicious seemed to be high on
looking persons. A drugs. He tried to resist the
surveillance team was then police
deployed. Upon seeing that officers and upon inquiry,
the men were found that the accused was
looking side-by-side and possessing what seemed
one holding his abdomen, to be crushed marijuana
the policemen leaves.
approached the group and HELD:
the latter tried to run away.
A stop-and-frisk was
The suspects were
defined as the vernacular
then searched wherein a designation of the right of
handgun and fan knife was a police officer to stop a
seized. It was found later citizen on the street,
on that the handgun was interrogate him, and pat
part of those stolen from a him
house wherein a for weapons. It has been
robbery was staged.
held as one of the
HELD: exceptions to the general
A person may not be rule against searches
without warrant.
stopped and frisked in

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 119 of 120

RELEASE OF THE
OBJECT?
No, only the
Sec. 14. Motion to court that
quash a search ordered its
warrant or to suppress confiscation may
evidence; where to release the
file. – A motion to object
quash a search
warrant and/or to IF THE ARRESTED
suppress evidence PERSON SIGNS THE
obtained thereby may RECEIPT OF THE
be filed in and acted PROPERTY SEIZED
upon only by the court WITHOUT THE
where the action has ASSISTANCE OF
been instituted. If no COUNSEL, IS THE
criminal action has RECEIPT ADMISSIBLE?
been instituted, the No, because it was
motion may be filed in done without
and resolved by the assistance of counsel
court that issued
search warrant. WHAT IS THE MULTI-
However, if such court FACTOR BALANCING
failed to resolve the TEST?
motion and a criminal It requires
case is subsequently officers to weigh
filed in another court, the manner and
the motion shall be intensity of the
resolved by the latter interference of
court. the right of the
people, the
A POLICE OFFICER gravity of the
WAS GRANTED TO crime
SEARCH THE HOUSE committed, and
FOR REBEL OFFICERS. the
CAN THE POLICEMAN
circumstances
CONDUCT A
attending the
WARRANTLESS
incident.
SEARCH?
NO, the
WHERE SHOULD ONE
permission
FILE THE NOTION TO
didn’t include
QUASH WARRANT OR
the room to
TO SUPPRESS
room search and
EVIDENCE?
anything 1. In the court
confiscated will where the action
be inadmissible has been
instituted
IF AN OBJECT HAS 2. If no criminal
BEEN SEIZED UPON action has been
ORDERS OF THE filed, in the
COURT, MAY A court that issued
COORDINATE COURT the warrant
ISSUE A REPLEVIN 3. However, if said
ORDER FOR THE
 court failed to
resolve the
motion and a
criminal case is
MOVES FOR THE
subsequently
SUSPENSION OF THE
filed in another
PRELIMINARY
court, the
INVESTIGATION. VALID
motion shall be
AND PROPER?
filed in the latter
No, the
court
preliminary
investigation is
A MOTION TO QUASH
WAS FILED IN THE of different
COURT WHERE THE nature from
CRIMINAL ACTION WAS deciding on
FILED. DURING THIS whether to grant
TIME, THE the motion to
PRELIMINARY quash the
INVESTIGATION WAS warrant
ONGOING. THE The result of one
ACCUSED will not affect
the other. One
deals on
probable cause
on whether
there are facts
and
circumstances
that would
engender a well-
founded belief
that a crime has
been committed
and the accused
is probably
guilty thereof.
The other deals
on whether the
things and
objects were
seized legally or
not.

NOTE: The Motion To

Quash, filed in the issuing
court, or to Suppress
Evidence, filed with the
court trying the case, are
alternative, not
cumulative remedies. If
one is filed, the other can
no longer be availed of.
The court first taking
cognizance of the motion
does so to exclusion of
the other. The
proceedings thereon are
subject to the omnibus
motion rule and the rule in the criminal action
against forum shopping. as provided in Rule
111, the offended
WHAT IS THE TOTAL party may have the
EXCLUSIONARY RULE? property of the
Things and accused attached as
objects seized in security for the
violation of the satisfaction of any
right against judgment that may be
unreasonable recovered from the
searches and accused in the
seizures are following cases:
fruits of the
poisonous tree (a) When the accused
is about to
and are
abscond from the
inadmissible as
Philippines;
evidence
(b) When the
RULE 127 - criminal action is
PROVISIONAL based on a claim for
REMEDIES IN money or property
CRIMINAL CASES embezzled or
fraudulently
Section 1. Availability misapplied or
of provisional converted to the
remedies. – The use of the accused
provisional remedies who is a public officer,
in civil actions, insofar officer of a
as they are applicable, corporation, attorney,
may be availed of in factor, broker, agent
connection with the or clerk, in the course
civil action deemed of his employment as
instituted with the such, or by any other
criminal action. person in a fiduciary
capacity, or for a
Sec. 2. Attachment. – willful violation of
When the civil action duty;
is properly instituted

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010

 CRIMINAL PROCEDURE NOTES (JUSTICE SABIO)
Page 120 of 120

(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.

WHEN CAN THE OFFENDED PARTY HAVE THE PROPERTY OF THE

ACCUSED ATTACH WHEN A CIVIL ACTION IS INSTITUTED WITH
THE CRIMINAL ACTION?
When the accused is about to abscond from the Philippines;
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;
When the accused has concealed, removed, or disposed of his
property, or is about to do so; and
When the accused resides outside the Philippines.

NOTES

BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2010