Ateneo 2011 Remedial Law (Criminal Procedure)

7/26/2019 Ateneo 2011 Remedial Law (Criminal Procedure)

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o 1. Exceptions under article 2 of the RPC

o 2. Under the Human Security Law (Sec. 49)

Covers acts of terrorism

Even if the act was committed outside the Philippines

(ex. before a consular or embassy of the Philippines

and it was an act against an officer, or in a Phil. Shipor airship)

Act against Philippine citizens or against a specific

ethnic group.

But there can be instances where the hearings are conducted

elsewhere. Is this an exception?

o No, it‟s not an exception, even if there are instances like the

Ampatuan case being heard in Manila instead of

Maguindanao, or Mayor Sanchez case being heard in Pasig

instead of Laguna.

o What happened here was a mere transfer of venue. What was

transferred was the VENUE OF HEARING, but the place of

institution was still the place where the crime was committed.o Where is this rule allowing transfer of hearing found?

Found in the Constitution, and subject to approval of

the SC.

What is the jurisdiction of courts under RA 7691?

o RTC: Penalty exceeds six years imprisonment

W/N committed in MM or outside MM does not matter

at all.

Regardless of fine or accessory penalty.

o MTC: Penalty does not exceed six years imprisonment.

o What if the penalty consists of just a fine?

SC Circular 09-94

If the fine exceeds 4,000 pesos, RTC has jurisdiction.

If it does not exceed 4,000 pesos, the MTC has

jurisdiction.

What is the jurisdiction of Special Agrarian Court?

o This is important because there can be a penalty for its

violation.

o DAR court has exclusive jurisdiction over all matters pertaining

to the DAR Law

Exception to DAR‟s exclusive and original jurisdiction

are matters pertaining to just compensation which

goes to the courts

Also and more importantly the RTC as special

Agrarian Reform Court also has exclusive and original

jurisdiction for prosecution of all criminal cases underthe DAR Law

What is the jurisdiction of the Sandiganbayan?

o 1. The accused is at least a Salary Grade 27 employee.

o 2. And the office must be a constitutive element of the offense.

o Can you be charged of offenses falling under the RPC?

Yes.

Can there be instances when you are not SG27 and still be under

the SB jurisdiction?

o Yes, if there is an express provision.

o Serrano: UP Student Reagent is a public officer under the

SB‟s jurisdiction. She claimed that she did not get any

compensation and she was not a public officer. While the first

part of 4a only covers officials SG27 and above, the second

part covers officers whose positions may not be SG27 and

higher, but who are by express provision of law are placed

under the SB.

Sec 4a(1g) gives the SB jurisdiction over officers in

State-owned universities [Student Reagent is part of

the board]

What if the public officer is not SG27 but the office was a

constitutive element of the offense? Which court has jurisdiction?

o Regular courts, subject to appeal before the SB.

o

Because the SB has both original and appellate jurisdiction. What if there is one public officer falling under the SB jurisdiction

and the other is not?

o They can both be charged as co-accused under the SB if at

least one is SG27.

o Esquivel v. OMB: There was a session in Sanggunian

involving both a Municipal Mayor and a Barangay Captain.

The MM was charged in the SB (since he was SG27) and the

Brgy. Captain was charged as co-accused, even if he was not

SG27. HELD: Valid, because at least one of the co-accused

was SG27.



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What if a co-accused is a private party?

o Yes, the SB can have jurisdiction over him.

Which court has jurisdiction to issue hold departure orders?

o Monejar: An MTC CANNOT. Only an RTC can issue a hold

departure order.

o

Circular 39-97 – Hold Departure Orders by RTC only apply tooffenses cognizable by second level courts.

o But there are instances when the DOJ Secretary can issue

a hold departure order, right?

Yes, but this is not under the law but under the

powers of the Executive.

There must be probable cause for the DOJ to issue

one.

o What is the difference between a HDO and a watch list?

HDO prevents you from leaving.

Watch list – you‟re only being watched, but you can

leave.

What determines jurisdiction of the court?

o It is determined by the allegations in the information

o And any one of the ingredients of the offense or the offense

itself must be committed within the territorial jurisdiction of the

court.

What is the concept of a prohibited second MR?

o As a rule, a second MR is a prohibited pleading.

o Padiola: Such motion is prohibited and will not be allowed

except 1) for ordinarily persuasive reasons and 2) only after

express leave has been obtained.

o A wrong mode of appeal under Rule 56 will cause the

dismissal of the case. o Does dismissal of a criminal charge cover dismissal of an

administrative case?

No. It does not prevent the continuation of an

administrative action.

The degree of evidence is different (proof beyond

reasonable doubt and substantial evidence)

What is the jurisdiction of the OMB?

o Covers any act of malfeasance/misfeasance or omission by a

public officer.

o It does not have to be in related to an office. The mere fact

that you are a public officer means that the OMB has

jurisdiction.

o Is the OMB a court?

No, it‟s an investigative body.

What is the difference between the powers of investigation of theOP and the OMB?

o Unlike the Office of the Prosecutor, which can only act upon an

affidavit complaint, while the OMB can investigate upon:

Own initiative, even without a formal complaint

Inquiry into acts of government

o Method of filing a complaint before the OMB is direct, informal,

speedy, and inexpensive. Just sufficient information is

needed.

Which has primary jurisdiction to prosecute cases cognizable by

the SB – OP or the OMB?

o The OMB. The OMB has primary jurisdiction over cases

cognizable by the SB. He can take over at whatever stage ofinvestigation by another prosecutor.

What is the Office of the Special Prosecutor?

o The OSP is merely a component of the office of the OMB and

may only act upon authority by the OMB.

o Without authority, the OSP cannot file an information

o The OMB‟s power to prosecute carries with it the power to file

an information

How do you review the actions of the OMB?

o Ordinarily, it can be reviewed by the CA under Rule 43 (for

QJAs).

o

If it involves a criminal case and there is GADALEJ, you go tothe SC.

o Which decisions of the OMB in administrative cases are

unappeallable?

1. Public censure, reprimand,

2. Suspension of not more than 1 month

3. Fine of not more than 1 month salary

Can a case be dismissed outright by the OMB?

o Yes, for want of palpable merit.

Can the OMB prosecute cases within the jurisdiction of regular

courts?



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o The powers granted to the OMB are very broad, so it can.

Who represents the people during trial?

o Office of the Prosecutor.

Who represents the people during appeals?

o Solicitor general

What is controlling in determining the age of a child in conflict withthe law?

o Remember, below 15 years of age, he is exempt

o 15 to below 18, exempt if without discernment

If with discernment, go through juvenile law

o What controls is NOT the age at the time of promulgation of

judgment, but the age at the time of commission of the offense.

What exceptional circumstances call justify an injunction to

restrain criminal prosecution? (IMPT)

o 1. To afford adequate protection to the constitutional rights of

the accused

o 2. Necessary for orderly administration of justice or to avoid

oppression/multiplicity of actions

o 3. Double jeopardy is clearly apparent

o 4. Charges are manifestly false and motivated by lust for

vengeance

o 5. When there is clearly no prima facie case against the

accused and a motion to quash on that ground was denied

Rule 110 – institution of criminal actions

When does distinguishing between offenses committed in and

outside of MM matter?

o If for purposes of jurisdiction of courts, there is no need to

distinguish between MM and Outside MM (OMM), for purposes

of institution of the criminal complaint, you will have to

distinguish between MM/Chartered City (CC) and OMM.

MM/CC OMM/OCCRequiring PI Office of the Prosecutor Office of the ProsecutorNot requiring PI Office of the Prosecutor Provincial

Prosecutor/MTCFalling under Ruleon summary proc.(ex. BP22)

Office of the Prosecutor ProvincialProsecutor/MTC

So who can conduct a preliminary investigation?

o 1. Prosecutor.

The old rule which includes an MTC judge was

already amended.o 2. Ombudsman.

Can there be direct filing in a Metropolitan TC (Met. C)?

o No. Just a MTC (Municipal Trial Court).

o Because only MM/CCs have Metropolitan TCs.

What is the procedure in MM, requiring PI?

o The entire Rule 112, Sec. 3:

1. File complaint

2. Investigating officer dismisses it or issues

subpoena to respondent

3. Respondent submits counter-affidavit

4. If subpoena impossible or no counter-affidavit,

investigating officer decides based on complaint 5. If there is counter-affidavit, the officer can set up a

clarificatory hearing

6. Resolution

o N.B. Remember, all periods here are 10 days

What is the procedure in MM, not requiring PI?

o Only Rule 112, Sec 3(A):

1. File complaint

o Then the prosecutor already decides

On a BP 22 case, when is the prescriptive period deemed as

interrupted? Upon filing the case in court or filing of the case

before the Office of the Prosecutor?

o Note that prescription is 4 years for BP 22. When Act 3326

was passed on 4 Dec 1926, preliminary investigation was

conducted by Justices of the Peace (equivalent of MTC

before), and so when it was filed with the JOP for PI, then the

prescriptive period is interrupted.

o So by filing the case with the Office of the Prosecutor, it

interrupts the running of the period.

o (It cited a case where the SEC is investigating a violation of the

Securities Code, and it was deemed to have interrupted the

period.)



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Who has control and supervision of a criminal case?

o The public prosecutor.

o So what are the 3-fold duties of a PP?

1. Conduct preliminary investigation

2. Prosecute a case

3. Conducting inquest proceedings, consistent withRule 112, Sec. 6

o It means that the public prosecutor must be there during the

case. If the prosecutor is absent, the hearing will be cancelled.

o A PP cannot come to court because he needed medical

attention. He was not able to inform the court that he

could not come. The counsel of accused asked if he could

proceed even if the PP was absent, subject to the

prosecutor’s right to cross-examine the witness upon his

return. When the PP returned, he claimed the proceedings

were null and void. The other party said that the PP can

cross-examine anyway. Who is correct?

The PP. The proceedings were null and voidbecause he was not present.

o So even if the PP‟s presence is a mere passive presence, and

not an active presence, that is fine, because everything is still

under his control and direction.

What is the only exception?

o The private prosecutor can obtain a certification from the Chief

of the Prosecution Office to prosecute even in the absence of a

PP. This certification lasts until the end of the case.

What is the role of a private prosecutor?

o The private prosecutor intervenes for the private offended

party. He does not represent the people.

What is the rule on private offenses?

o Adultery and concubinage cannot just be instituted by anyone.

It must be the offended spouse. You would have to likewise

implead as accused the paramour and the partner (so both),

unless either is dead.

o If he has condoned, pardoned, etc. the offense, he/she cannot

file.

o Same rule applies to seduction, abduction, and acts of

lasciviousness.

Who can institute a rape case?

o The minor, the victim, parents, grandparents, guardian, State

in default

o The minor now can file alone, without assistance of parents

(esp. when the parents are the offender)

What about defamatory statements in connection with adultery or

concubinage? o Can only be instituted by the offended party.

When is there sufficiency of information?

o Sections 7-12 are elaborations of Section 6.

o 1. Name of the accused

Full name (first and surname)

If his full name is not known?

Can use a nickname or appellation (“Boy

Singkit”)

What if there is no nickname or appellation?

Use John Doe or Jane Doe. For civil cases,

you use “unknown owner” or “unknown heir”

or whatever.

o 2. Designation of the offense by statute

Ex. murder, homicide, estafa

If there is no designated name of the offense, just say

“Violation of Sec. 5 and 11 of the Dangerous Drugs

Law”

Recent SC decision: Even in the absence of a

particular section, but the allegation in the information

shows that you know the nature of the offense, then

there is substantial compliance.

o 3. Qualifying and aggravating circumstances

Both should be alleged

If it is an aggravating circumstance, it must be

alleged. If it is not alleged but proven in trial, can

it be taken against the accused?

No.

Even more reason for qualifying

circumstances.

How about mitigating circumstances?

No need to allege, because it is part of the

defense of the accused.

o 4. Facts or circumstances constituting the offense.



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“Cause of accusation” is the equivalent of a cause of

action in a civil case

The language of the information should be in a

language known to the accused.

What is the reason for this?

Rule 116 says that the accused must beproperly informed of the nature and cause of

accusation against him to make a proper

arraignment and plea.

o 5. Date of commission

Do you need to provide the specific date of

commission of the offense?

No need. Just an approximation is needed.

Exception: if the date is a material element of the

offense.

Election offense

Infanticide

Is date a material element of the offense of rape?

No.

o 6. Place

Need to show that it is committed within the territorial

jurisdiction of the court

But for offenses like trespass to dwelling, violation of

domicile, election cases, arson, etc. where the place

of commission is material, you have to allege it with

particularity

o 7. Name of the offended party

Place it there, if it is known

If it is a crime against property, you describe theproperty so that you will know who the offended party

is

What if it is later on discovered?

It can be inserted in the information

Only one offense per information

o Is there an exception?

Yes. If there are multiple offenses in the information

and the accused fails to object, each offense proved

can be used against him.

Can you amend the information?

o Yes.

Can you substitute the information for another?

o Yes.

o We always remember amendment but forget about

substitution. So remember this.

When can you amend or substitute?o

Whether a matter of form or substance, there can be

amendment if it is before plea.

o Can you still change the substance of an information after

a plea?

No.

o Can you still change a matter of form after a plea?

Yes, as long as it will not prejudice the right of the

accused.

What is the test to know w/n it will prejudice the

rights of the accused?

If the original defense of the accused will

have to be changed due to the change in the

formal amendment.

Ex. The original case is for rape, except that

in the formal amendment, it was alleged that

the age should have been 17 and not 18 due

to a typo. This will prejudice the rights of the

accused.

What is downgrading and exclusion?

o Downgrading is lessening the offense (ex. robbery to theft,

murder to homicide, seduction to acts of lasciviousness)

o Exclusion is removing from the information a person

o

When must downgrading or exclusion take place? Before plea.

o What are the requirements for exclusion or downgrading?

1. Upon motion of prosecution

2. With leave of court

3. With consent of the offended party

What is difference between exclusion before plea and discharge of

the accused as State witness?

o If exclusion, there is no need to submit an affidavit. In

discharge, you have to.



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o In exclusion before plea, double jeopardy has not yet attached

so you can be charged again later on. In discharge as State

witness, it is tantamount to an acquittal so double jeopardy

sets in.

What is substitution?

o

The information will be substituted with a new one to be filed, ifthe prosecution cannot prove the offense charged in the prior

information

o The accused will not be released until a new information has

been filed as a substitute

Rule 111 – civil liability in criminal cases

What is the general rule in civil liability?

o Once a criminal action is instituted, the civil is likewise

instituted

Exceptions?

o

1. Reservation When is reservation not allowed?

BP 22 cases

When can reservation take place?

Any time before the prosecution commences

with presentation of evidence considering

the circumstances of the case. Take note of

the underlined part because the timeline is

not a strict rule.

o 2. Instituted ahead of the criminal case

o 3. Waived

When is there need for filing fees?

o

Moral, nominal, exemplary, temperate damages require filing

fees.

o Actual damages do not require filing fees.

o For BP 22, what is the rule?

For EVERYTHING claimed, even liquidated and

actual damages (this is the face value of the check).

Consolidation of writ of amparo cases:

o Can you consolidate a Writ of Amparo case with a civil

case or an admin case?

No.

o Can you consolidate a Writ of Amparo case with a criminal

case?

Yes.

Follow the general rule: if the civil case was instituted

ahead of the criminal case, the civil case is

interrupted in whatever stage and the criminal caseproceeds until judgment.

And there is an option to consolidate.

What are kinds of acquittal?

o 1. Based on reasonable doubt

o 2. Did not commit the crime

o 3. Purely civil

o 4. The acts from which the civil liability arises from were not

committed

What is a prejudicial question?

o A criminal case will be suspended when there is a pending civil

case which must be suspended until the prejudicial question is

resolved.o

What are the requisites?

1. The civil action was filed first

2. The resolution of the civil action is determinative of

the criminal action

o Give an example of a prejudicial question.

Can trespassing be only committed against the

owner of a property?

No. {Check this} So you need not file a civil

case to determine who owns the property

first.

Theft: determine first who owns the property

Who determines whether there is a prejudicial

question?

The court.

What will be suspended?

The criminal case.

o Where do you file a motion to suspend on the ground of

prejudicial question?

1. The court

2. The prosecutor conducting PI

o When do you file the motion to suspend?



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Anytime before the prosecution rests its case

o Can an administrative case suspend a criminal case on

the ground of prejudicial question?

No.

o Can another criminal case suspend a criminal case on the

ground of prejudicial question? No.

What is an independent civil action?

o One that can proceed independent of a criminal case

o Arts. 31-34 of the NCC

o Art. 2176 of the NCC (quasi-delict)

If there is an independent civil case filed before the criminal case,

is the independent civil case suspended?

o No.

o If there is a criminal case filed ahead, do you need to

reserve the independent civil action?

No. YOU DO NOT RESERVE AN INDEPENDENT

CIVIL ACTION. o

Can it proceed side by side with a criminal case?

Yes.

Compare with a reserved civil action (i.e. not

independent).

It cannot proceed side by side.

o Must an independent civil action be reserved?

No need to be reserved, and it will not be suspended

If the civil action was instituted ahead of the criminal, and there

was a judgment stating that there was no civil liability, is the

offended party barred from filing another criminal action?

o No. Again, the burden of proof is different.

Rule 112 – Preliminary investigation

What is PI?

o Where the prosecutor determines whether there is probable

cause to file a case against a respondent

Distinguish from inquest?

o Inquest is conducted by an inquest prosecutor, when one is

caught under the three exceptional circumstances provided in

law

Who can conduct preliminary investigation?

o City prosecutors, and their assistants, Provincial prosecutors

and their assistants

o OMB, and if they authorize the Special Prosecutor he can too

What is the procedure for PI?

o

1. After receiving affidavit-complaint, the prosecutor willdetermine within 10 ten days whether there is probable cause

Raffle

Assigned to assistant prosecutor

o 2. Assistant prosecutor issues a subpoena to the respondent

o 3. The respondent will issue a counter affidavit within 10 days

In practice there can be a reply or rejoinder, but this is

not provided by the rules

o 4. Optional clarificatory hearing

o 5. Resolution

Who prepares the resolution?

The Assistant prosecutor

Is it the city prosecutor or the assistantprosecutor?

Assistant prosecutor prepares it, and then

the city prosecutor approves it

City prosecutor has discretion to dismiss the

complaint, file the information himself, or ask

another assistant/State prosecutor to file it

o Regardless of recommendation

Can a resolution be issued by an assistant

prosecutor even without approval of the City

prosecutor?

No. What if the City prosecutor does not

agree with the recommendation of the

assistant prosecutor?

o He has discretion to reverse it.

If the assistant prosecutor believes that there is

probable cause, he prepares a resolution AND an

information. Information is filed in court and

resolution served to the parties. If he does not find

that there is probable cause, he only prepares a

resolution. But regardless, no resolution can be



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issued without the approval of the City or Provincial

prosecutor.

Can you file a complaint with the OMB?

o Yes, and he will then investigate. He can also motu propio

investigate.

o

Can the NBI conduct preliminary investigation? No.

Is service of a subpoena and receipt thereof necessary for the

Office of the Prosecutor to obtain jurisdiction over the

respondent?

o No.

o There is still no case filed against him, just an investigation.

o Even if he does not get to file a counter affidavit, there can still

be a resolution issued against him.

X is arrested, accused of possessing illegal drugs, without a

warrant. What is the procedure?

o 1. X is taken to the police station

o

2. X can choose to apply for preliminary investigation, or havethem proceed with inquest

If X applies for preliminary investigation, what

happens?

You sign a waiver of Art. 125 of RPC

Will X be released?

If he applies for bail.

Where does X apply for PI?

Before the inquest prosecutor.

Where do you apply for bail?

With the Executive Judge. (This is a “trade

secret”) What is the procedure if someone is arrested for vagrancy, without

warrant?

o Note that vagrancy does not need preliminary investigation, so

the information can be directly filed with the MTC.

o Can you apply for bail?

Yes, because you were already arrested.

You were sued for slight physical injuries in MM, and it was not in

flagrante delicto, so it was on the basis of affidavit complaint.

What happens?

o There is no need for preliminary investigation.

o So the prosecutor will determine probable cause, then will file

the information in court.

o Is there a need for the respondent to file a counter affidavit

here, and is there need for preliminary investigation?

No.

When are inquest proceedings applicable?

o It must be due to a warrantless arrest:

A. In flagrante delicto

B. A crime has been committed and the police officer

has personal knowledge that the person committed

the crime

C. Escaped from confinement or escape

o Also, it must be for an offense that requires PI (at least 4y, 2m,

1d)

If no need for PI, just file affidavit-complaint to the

office of the prosecutor. (Because only 3A is

required)o How do we distinguish (A) from (B)?

First kind – the arresting officer was there when the

crime was committed

Second kind – the arresting officer has personal

knowledge

If a person is arrested with a warrant can he be placed on inquest?

o No.

What if he was arrested for an offense for which he was previously

charged, and then he escaped from detention and he was arrested

without a warrant?

o Inquest must be conducted.

How do you appeal a resolution?

o Within 15 days, file a Petition for Review to the DOJ.

o Must the petition be verified?

Yes.

o Can the period be extended?

No.

o If the DOJ decision is adverse, to where do you go?

Rule 43, to the CA

(Or Rule 65, to the CA if there was GADALEJ)

Only to the SC if it‟s the OMB



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(Or Office of the President if punishable by reclusion

perpetua or higher)

o Can you have the DOJ review the resolution if the offense

in question does not require a PI?

No. This is clear in the circular. The offense must

require, for its charging, at least preliminaryinvestigation OR has gone through reinvestigation.

What is reinvestigation?

There was a regular PI, and you were not

satisfied with it, so one files for a

reinvestigation with the Office of the

Prosecutor or in court.

This is not provided in the rules.

Do all offenses in the RTC require PI?

o Yes, because all offenses charged in the RTC exceed 6 years

(and PI is for 4y,2m,1d)

Once the information is filed in court, what can the judge do?

o

1. Issue a warrant of arrest, after personally determining theexistence of probable cause

o 2. Dismiss the case for absence of probable cause

o 3. The court can call for a hearing to determine probable cause

So what are the options for a judge in an RTC case?

o Just these three.

What about the MTC? – Distinguish:

o A. Not exceeding 6y, but more than 4y,2m,1d:

See above [the three options]. So it‟s like the RTC.

o B. Below 4y,2m,1d, more than 6m

Same as three above, but the issuance of the warrant

is up to the discretion of the court . If the courtbelieves the offense is not so grave, it may not issue

a warrant and will just issue summons.

o C. Not more than 6m, falling under the rule on SP

The court cannot issue a warrant of arrest. Instead,

the court requires you to file a counter affidavit

So when does the court issue a warrant of arrest?

Only when there is failure by the accused to

appear in court despite repeated notice

What is an example of a crime involving summary

procedure?

BP 22

When can you file a motion for determination of probable cause?

o After filing of information, but before the judge has acted on it

o Can you file after issuance of a warrant of arrest?

No.

Will the filing of a petition for review suspend the issuance of awarrant of arrest?

o No. The mere filing of a petition for review will not suspend the

issuance of a warrant of arrest.

o What it suspends is the arraignment.

o For how long?

60 days suspension of arraignment.

Rule 113 – Arrest

Does the arresting officer need to show the warrant of arrest?

o 1. Inform cause of arrest

o

2. And that a warrant had been issued for his arrest o Exception to this?

1. Flees/forcible resistance

2. Informing the accused imperils the arrest

What is the duty of the arresting officer if the arrest is without a

warrant?

o 1. State authority to arrest

o 2. Cause of the arrest

o Exceptions to this?

1. Engaged in commission of the offense

2. Pursued immediately after offense

3. Flees/forcible resistance

4. Informing accused imperils arrest

What about arrest by a private person?

o 1. State cause of arrest

o 2. And intent to arrest him

What are the other circumstances where there can be arrest

without warrant?

o 1. Judicial bondsman may arrest him to surrender accused to

court

o 2. Attempt to depart the country

o 3. Person who has been lawfully arrested and has escaped



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After arrest what do you do?

o 1. Bring him to the police station

o 2. He will be incarcerated until he files for bail

What if he does not apply for bail?

He will stay in the city jail in the pendency of

the case. If it‟s a non-bailable offense, it‟s a different

procedure.

Just wait for arraignment.

What if he applies for bail?

He is released from the city jail and he has

responsibility to attend arraignment/appear

o 3. Afterwards, there will be an arraignment

What if a person is arrested without a warrant?

o 1. Brought to the nearest police station

o 2. Inquest proceeding will be done

Brought to the Prosecutor‟s Office

o

3. The inquest prosecutor can either release you or keep you

in detention

When the inquest prosecutor releases you, does

this mean your case is dismissed?

No. You are released for preliminary

investigation.

This just means the affidavit-complaint of the

police officer used as basis for inquest will

be filed with the prosecutor as an ordinary

case.

What if the prosecutor says “detain”?

You can either apply for preliminaryinvestigation or not.

What if you apply for preliminary

investigation?

o You sign a waiver of Art. 125.

o Can you then apply for bail?

Yes. You file it with the

executive judge.

After waiver of 125, what is the next step?

o Go to preliminary investigation.

What if you did not ask for a preliminary

investigation?

o An information can be filed

o Afterwards, there is arraignment

Rule 114 – Bail

When does bail apply?

o Whenever there is deprivation of liberty

When is bail a matter of right?

o Before conviction, whether MTC or RTC

Except for cases punishable by RP, LI, DP

o After conviction, if MTC

When is it a matter of discretion?

o After conviction, if RTC

What are the types of bail?

o 1. Cash bond

In a cash bond, how much is deposited in court? The full amount

Who receives it?

Municipal, city, or provincial treasurer or the

CIR

Clerk of court where the case is pending

o 2. Corporate surety

Just pay the premium

o 3. Property bond

What is the most important requirement for a

property bond?

The owner must be resident of the

Philippines

Registration of the lien must be done within 10 days

from approval of the bond

Does the accused need to be the owner of the

property?

No.

o 4. Recognition

Can you be released on your own recognizance?

Yes.

What are the stipulations in a bond?



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o 1. Bond is effective upon approval and unless cancelled

Lasts until promulgation of judgment in RTC, whether

case is originally filed or on appeal

o 2. Accused must appear in court if required

o 3. Failure to appear in trial is deemed a waiver

Trial can proceed in absentia

o 4. Bondman must surrender accused to the court for final

judgment

From when and up until when is a bail in force?

o From approval, until promulgation of judgment by the RTC

o Whether originally filed there or on appeal

N.B. thus if the case started in the MTC, you filed for

and were given bail, it can continue up to appeal in

the RTC

< Kira notes follow >

Rule 113

People v. Laguio – requisites inflagrante delicto; a 2007 case

1. Person to be arrested must execute an overt act that he hascommitted, actually committing, or attempting to commit

2. Overt act is done within the presence or within the view of thearresting person or officer

Presentation of the informer/informant is not indispensable in theprosecution of a criminal case.

Hot pursuit only applies:

1. Offense has just been committed (If there is just an attempt, or the

person is just committing, hot pursuit will not apply)2. No requirement that it be done in the presence of the officer. It is

only required that the arresting officer with an independent andpersonal assessment has probably cause to believe that a crimehas been committed.

Rule 114

Issues with grant of bail:

1. The General Garcia issue – He was charged of plunder with theSandiganbayan, which is a non-bailable offense. He is not entitled

to bail. He has no right to bail, as a rule. But they can file a petitionfor bail. Then he entered into a plea bargain. (When can you enterinto plea bargain? ANS: At any time before trial. You can enter intoplea of guilt to lesser offense during arraignment, or even afterarraignment but before trial, or during pre-trial.) Here the pleabargain to a lesser offense of corruption was entered into after trial.

Is he now entitled to bail?a. When there is conviction, are you still entitled to bail? – As

a rule, no. But when you appeal the conviction, you canstill apply for bail, as long as the decision is not final andexecutory, assuming that it is a bailable offense. In thiscase, the bail is a matter of discretion to the court.

b. When the judgment has become final and executory, canyou still apply for bail? – As a rule, no.

c. What are the requirements for a plea of guilty to a lesseroffense?

i. Notice to prosecutorii. Consent of offended party

d. If the trial court convicted you of an offense which isbailable (original charge was non bailable offense), thebail should be applied with the appellate court.

Bail as a Matter of Right v. Bail as a Matter of Discretion v. Petition for Bailfor Non-Bailable Offenses

1. Petition for Bail:a. Case: Governor Leviste shot his aid. On advice of

counsel, he surrendered and was charged only withhomicide. It is a bailable offense. He can avail of bail, as amatter of right. It was in the RTC, before conviction, theoffense is punishable not by reclusion perpetua, death, orlife imprisonment. Homicide is punishable with reclusionperpetua. But then the information was withdrawn, and he

is now charged with murder – a non bailable offense. Hewill be arrested. Is he now entitled to bail? ANS. NO. Buthe can file a petition for bail. Here, the court granted hispetition for bail. The court was convinced the evidence ofguilt against him was not strong. Trial proceeded andthere was promulgation of judgment, that he was guilty notof murder, but of homicide. Can Leviste apply for bailnow? ANS: He is entitled to bail as a matter of discretion.

b. Lets say you were charged with offense where bail is amatter of right (e.g. estafa), but then convicted. You canapply for bail, but it is a matter of discretion.



99

c. What is the nature of a hearing for the petition for bail?ANS: Summary.

d. Can we dispense with a hearing for bail? (When the judgethinks malakas un kaso ng prosecution)? ANS: NO. Youcannot dispense with and ignore hearing for bail.

e. Can there be joint summary hearing of petitions for bail?

YES.f. Is an arraignment a prerequisite to a petition for bail? NO.

Although the judge in the Ampatuan case required theaccused to be arraigned before allowing the petition forbail. There is nothing irregular here though, the counsel forthe accused allowed it. The very moment there is adeprivation of liberty, you can apply for bail.

2. Bail as a Matter of Righta. Basta nasa MTC, bailable as a matter of right.b. In RTC, bailable as matter of right if:

i. Before convictionii. And not punishable by reclusion perpetua, death,

or life imprisonment.c. The judge cannot deny bail that is matter of right; he can

only increase amount of bail. – Maceda case3. Bail as a Matter of Discretion

a. In RTCi. Convictionii. And not punishable by reclusion perpetua, death,

or life imprisonmentiii. And not accompanied by the ff instances, if the

penalty exceeds 6 years:1. Recidivist, habitual delinquent, etc2. Previously escaped from legal

confinement3. Committed offense while under

probabtion, parole

4.

Flight-risk5. Undue risk that he may commit crime

during pendency of appealb. Where will you apply?

i. If appealed, before transmission of records: toRTC

ii. If appealed, and the RTC conviction changednature of offense from non bailable to bailable: toappellate court

c. Bail as a matter of discretion has an enumeration ofcertain disqualifiers.

i. If convicted, beyond 6 years, and withdisqualifiers – bail denied

ii. If convicted, beyond 6 years, and no disqualifiers – bail is matter of discretion

iii. If convicted, less than 6 years – bail matter ofright

iv.

If convicted, less than 6 years, and withdisqualifiers – bail matter of discretion, but courtwill impose higher bail because of disqualifiers

Mabutas v. Perello – requirements for hearing for applications for bail

1. Bail as a matter of discretion is different from the exercise ofdiscretion in petitions for bail

2. Bail is a matter of judicial discretion that remains with the judge. Ahearing on application for bail is mandatory, whether bail is matterof right or matter of discretion.

3. In case application for bail is filed, judge is entrusted with ff duties:a. In all cases whether bail is matter of right or discretion,

notify prosecutor of application for bail or allow him to give

his recommendationb. When bail is matter of discretion, conduct hearing on

application, regardless or not whether prosecutor wants topresent evidence that guilt is strong

c. Decide whether evidence of guilt is strong based onsummary evidence of the prosecution

d. If guilt is not strong, discharge accused on approval of bail

What if charged with murder, petition for bail granted, then convicted ofhomicide? – Entitled to bail as matter of discretion. The issue of whetherevidence of guilt is strong is not relevant, because that only applies if theoffense is non bailable.

What if charged with murder, petition for bail granted, then conviction ofmurder? – Can‟t apply for bail; the nature of offense is non bailable.Obviously having been convicted, the evidence of guilt is strong.

What if convicted of offense not punishable of imprisonment beyond 6 years,is it still a bail as a matter of discretion? (That which is alleged is differentfrom what is proven. – Rule 120) – It is now bail as matter of right.

For purpose of judge determining if bail if excessive – must considerparameters laid down in Section 9



100

But for purposes of recommending bail by prosecutor – they have their ownadministrative list

Where to File Bail:

1. You were arrested in Kamagong (Makati), the case was filed inMakati. Action pending in same province/city where he wasarrested.

a. Apply in court where case is pendingb. In absence or unavailability of judge, in any court in the

area2. Person arrested in Marikina, case pending in QC. Can person file

for bail in QC? NO. Because when you arrested in Marikina, youwill be taken to nearest police station in Marikina. So you‟ll applythere in Marikina.

3. If you‟r e in Cavite, but the case is pending in Makati, but youhaven‟t been arrested, you can‟t apply for bail in Cavite.

4. Arrested in Ilocos, case pending in Manila. He applied for bail inIlocos and was granted. Later the records were sent to Manila.

a. Should the records be sent to Manila? ANS: Yes.

b.

Is the judge in Manila obligated to accept the bail? ANS:He‟s not required. He can require a new bail.

Expat is out on bail, he always leave every few weeks, can he do that?Leave without approval of court? ANS: NO. Accused out on bail cannotdepart from Philippines without securing approval of the court. If he departswithout securing such approval, he can be arrested without a warrant.

If accused is charged with vagrancy and has been in detention for almost 2years, what should the judge do with the accused?

In a voluntary surrender, you do not need a certificate of arrest, for an

application for bail.

The DNA Rule

1. Can a person who has already been convicted and servingsentence, apply for DNA examination? ANS: Yes

2. If the court finds after DNA evidence that the person servingsentence is not guilty, what will the court do? ANS: Person servingsentence must apply for habeas corpus.

Rule 115 – Rights of the accused

A. Presumption of innocence

How did the court apply presumption of innocence in P v.

Dimalanta?

o When circumstances lead to two or more inferences, one or

more leading to innocence and one or more leading to guilt,

the former should prevail. B. To be informed of the nature and cause of the accusation against him

To be informed of the nature and cause of accusation against him:

o Get an authorized interpreter if the accused does not speak

Filipino/English

When can a counsel de officio be appointed?

o 1. During arraignment

o 2. During trial

o 3. Before records are elevated on appeal (accused informed of

right to counsel by clerk of court at this point)

o 4. In the CA –

When the accused signed his appeal by himself

Or accused is in prison o 5. In the SC – have their own guidelines

C. Right against self-incrimination

What is the concept of chain of custody in the DNA rule?

o Usually it‟s a concept that is connected with drugs, as re:

possession of seized item from the scene of the crime

o For purposes of evidence, it is considered for tampering or

authenticity of the sample. If the sample has been tampered

with, you cannot get an accurate result.

What are the ways by which a laboratory can be accredited?

o See Rules on DNA Evidence 7c

What is the rule on filiation? o DNA results that exclude from paternity are conclusive

o If the value of probability of paternity is less than 99.9% -

merely corroborative

o If the value is 99.9% or higher – it is a disputable presumption

o Why is it just a disputable presumption?

Because you can still argue that it would have been

physically impossible for one to do it, or there is no

access, and that there is someone who could have

similar DNA makeup (twins, for instance).



101

o Differentiate corroborative from cumulative evidence?

Corroborative proving same point, but different k ind

and character of evidence

Cumulative Same kind and character, proving

same point

D. Right to be present in the course of the proceedingso What is the consequence of his absence in the hearing?

There can be a trial in absentia if there already is

arraignment and the accused is unjustifiably absent

o When is his presence mandatory?

The general rule is the he must be present at all

stages of the proceeding.

o Can this be waived?

Yes.

o Where and when should it be waived?

There should be a stipulation in the conditions of bail.

So as a rule, it cannot be waived.

o

What if the private complainant is absent? It‟s fine.

E. The right to public trial

o General rule is that the trial is public

o When can the public be excluded?

Found in Rule 119, Sec 21. (offensive to

decency/public morals)

o Does public trial include public viewing on TV or radio

broadcast?

No. It opens room for lawyers to grandstand.

o Also recognized in evidence:

F. Right to speedy trial

o

How many kinds of speedy trial?

1. Speedy disposition of the case (constitutional law)

2. Right to speedy trial (criminal law)

o What is the difference?

In the Crim Pro concept, you can invoke it anytime

before or during trial.

In Constitution, any time as long as the action is

pending.

o What is the remedy for speedy trial under the

Constitution?

Habeas Corpus

Because your continuous detention has no more legal

basis

o What if it’s in criminal procedure?

Certiorari

Prohibition

Mandamus

o Rule 119 has a computation. How long is the maximum

time between the arraignment and trial?

80 days

If you don‟t follow number days, you could expect a

MTD on ground of violation of right to speedy trial

o Entire period of trial?

180 days

o But why are a lot of cases that do not commence in time,

and are not dismissed due to violation of this right?

Because of the exclusions.

o

What are the exclusions? 1. Other proceedings:

Mental/physical examination of accused

Other criminal charges

Extraordinary remedies against interlocutory

orders

Pre-trial proceedings, as long as not

exceeding 30 days

Orders of inhibition or change/transfer of

venue

Prejudicial question

Any period not exceeding 30 days when theaccused is actually under advisement

[Unavailable, unable]

2. Absence or unavailability of an essential witness

Absent whereabouts unknown

Unavailability whereabouts known

3. There is a co-accused over whom the court has not

acquired jurisdiction or for whom time for trial has not

run and no motion for separate trial is granted



102

4. Mental incompetence or physical inability of the

accused to stand trial

[Upon motions]

5. Prosecution dismissed information upon motion

and then filed another charge for the same case – the

time limit between the dismissal and the subsequentcharge

6. Continuance granted by the court motu propio or

on motion

Memorize this list. Rule 119 Sec 3.

o Cases :

In one case, Pre-trial happened after 7 years. Delay

was brought about by extraordinary remedies, like a

Rule 65 certiorari. The right to speedy trial was

invoked, but the SC said there was a valid exclusion

But as a rule, extraordinary remedies must

not be entertained and will not stop an

ongoing criminal trial. Of course, there arespecial cases.

In another case, there were 20 postponements. The

witness requested by the prosecution was in the

custody of the NBI, but did not bring the witness in.

This was reasonable delay, and the prosecution was

acting in GF.

o What is “VCO”?

Vexatious, capricious, oppressive

VCO delays violate the right to speedy trial

G. Right to confront witnesses presented against him

o Basically, can cross examine

H. Right to have compulsory processes to secure attendance of

witnesses and production of evidence

o Can apply for subpoena ad testificandum and duces tecum

o Right to modes of discovery:

Can apply modes of discovery in criminal cases.

Rule 119, Secs. 12, 13, 15 Conditional

examination of witnesses for the

prosecution/accused. This is the equivalent of Rule

23 depositions in criminal trial.

Purposes for prosecution:

1. Sick or infirm, or unavailable

2. or the witness is about to depart.

Purposes for accused:

1. Sick or infirm or unavailable

2. or more than 100km

What is the difference if it will be availed ofprosecution or accused?

Prosecution: ONLY in the court where the

action is pending

Accused: Before any judge, member of the

Bar in good standing, and if ordered by a

superior court directing an inferior court

I. Right to testify on his own behalf

o Can the accused testify for the prosecution?

Yes, but he can refuse

o Can a party in a criminal case be asked a question that

would raise civil liability but not criminal liability?

[Answer unclear, but since it‟s purely civil, I think the

witness can be compelled]

o What is the effect of silence?

It should in no manner prejudice him

J. Right to appeal

o Will be discussed below (Rule 122-125)

Rule 116 – Arraignment and Plea

When must arraignment take place?

o Within 30 days of obtaining jurisdiction over the person of the

accused

o

Take note that pre-trial must happen within this same period,

but after arraignment

o What if the person is preventively detained?

Follow the 3:10:10 rule. So it‟s shorter (max 23 days)

1. From filing of information, case is raffled

within 3 days

2. Arraignment within 10 days of raffle

3. Pre-trial within 10 days of arraignment

What comes first, plea or arraignment?

o Arraignment, where the information is read against him



103

o Can the arraignment be dispensed with? (Ex. by an

accused that does not want to hear the information)

Never. You cannot waive the arraignment.

o Can the arraignment or reading be in a language different

from what the accused knows?

No. It must be in a language known to the accused. What about a belated arraignment? (P v. Trinidad)

o This happened when they realized that there was no

arraignment. There was a belated arraignment that was

validated because the lawyer had an opportunity to cross

examine and the lawyer actively participated in the

proceedings.

What are the kinds of pleas?

o 1. Plea of guilty

A. Plea of guilty to lesser offense

Until when can you do this?

o At very latest, pre-trial

o

At trial, cannot plea guilty to lesseroffense

B. Plea of guilty to capital offense

[N.B. this is a moot and academic

discussion]

Punishable by death.

What is required?

o Conduct searching inquiry to see if

it is voluntary and if he understands

the plea

What does it entail?

o

1. Background check (age,education, socio-economic

conditions)

o 2. Conduct of custodial

investigation

o 3. Explain the nature of the offense

and extenuating circumstances to

the accused

Hearing after the plea

C. Plea of guilt to a non-capital offense

Should there be a hearing?

o It‟s not mandatory

D. Improvident plea

What is an improvident plea?

o Plea of guilty without fully

understanding consequences of theplea

o X pleaded guilty to homicide. He

didn’t know that if he pleaded

guilty, there won’t be any hearing

anymore. Can he withdraw the

improvident plea?

Yes.

When can it be withdrawn?

o Any time before judgment of

conviction becomes final (after

appeal)

What are the further actions of the courtin case of an improvident plea?

o If the sole basis of conviction is the

improvident plea, it is remanded for

further proceedings in the trial

court. (Ex. the SC sends it back to

the RTC)

o If the conviction is supported by

other evidence, the SC will render

judgment

o 2. Plea of non-guilty

A. Conditional plea

What is this equivalent to?

o It‟s akin to a plea of not guilty

B. Refusal to enter a plea

The court assumes it‟s not guilty

Can a representative enter a plea of not

guilty?

o No. The accused must be the one

to enter the plea.

[Should the accused be present during

promulgation of judgment?]



104

o Yes.

o Is there an exception to this rule?

Yes, for light offenses.

The accused can be

represented.

C. Direct plea of not guilty D. Say guilty but present exculpatory evidence

When is there suspension of arraignment?

o 1. Accused suffers f rom unsound mental condition

o 2. Prejudicial question

o 3. Petition for review pending with DOJ

Not exceed 60 days

o 4. Pending incidents:

A. Motion to quash

B. Motion for inhibition

C. Motion for bill of particulars

Can there be a bill of particulars in a

criminal case? o Yes. Apply before enter of plea.

What is required?

o Identify defects and details desired

Rule 117 – Motion to quash

Why do you file motion to quash the information?

o 1. It is defective or

o 2. The court has no jurisdiction.

Differentiate from provisional dismissal:

o In P.D., there is no questioning of the information. In fact, it is

valid and charges a proper offense and the court has jurisdiction over the SM and the person.

o Provisional dismissal is always with the consent of the

accused.

What is the effect of a grant of a MTQ?

o Dismissal of the case.

o Is it always dismissal?

No. The court can order amendment. [No period

provided.]

Amendment is a remedy, but it has a narrow

application. It does not apply to all grounds.

Can a case dismissed by a MTQ be re-filed?

o As a general rule, yes.

o It depends on the ground.

o

When can it not be re-filed? 1. Prescription

2. Double jeopardy

Can the prosecution file a MTQ?

o No. The applicable remedy is substitution of information.

When a case is dismissed provisionally, what is the effect?

o The case is temporarily dismissed.

Ex. “This case is dismissed for 30 days”

o It can be revived (don‟t use “re-file” because the dismissal was

just provisional)

o Who will ask for provisional dismissal?

1. The prosecution

With consent of accused If there is no consent of accused, is it a

provisional dismissal?

o No. A dismissal without the

consent of the accused would lead

to double jeopardy (obtains finality).

2. Or the accused

Is the prosecution’s consent required?

o No. Even without consent, it‟s still a

provisional dismissal. As long as it

doesn‟t pass the time leading to

permanence.

o When can you ask for provisional dismissal?

Any time.

For a dismissal to take effect in MTQ, do you need to wait for a

lapse of time?

o There is still a period to seek a remedy after. Ex. You can file

an MR.

o After this period, it can be re-filed. (Except for the two

exceptional grounds.)

For a provisional dismissal to be permanent, what is the period

required?



105

o Beyond 6 years 2 years

o 6 years or less 1 year

o When will this period begin to run?

Upon receipt of notice by the accused (given by the

code)

But this has been supplemented by Lacson : Period

can only start upon receipt of notice by the public

prosecutor

Rationale: because it is the public

prosecutor‟s duty to revive the case

What are the grounds for a MTQ?

o Problem as to form

o 1. Facts stated do not constitute an offense

The elements of the offense are not there

But is it possible that while not constituting an

offense, you can be liable for another offense?

Can this be the proper ground of a MTQ?

It‟s possible. This is not a ground for a MTQ. Ex. Charged with qualified theft, but

relationship was not alleged. You file a

MTQ. The court can order an amendment to

show relationship. The court cannot quash

because there is an offense alleged in the

information.

o 2. More than one offense was charged in the information

How do you know if there is more than one

offense?

Ex. murder – can you kill a person twice?

No.

Ex. rape – you can rape someone multiple

times. For instance X raped Y five times.

How many informations should you file?

o Five.

What if ten checks bounced?

o Ten informations, because each is

an offense in its own.

o 3. Does not conform substantially to prescribed form

o 4. Officer who filed the information had no authority to do so.

There was a case in the Sandiganbayan. There

was a motion for reinvestigation and it was

granted. The Special Prosecutor amended it and

re-filed it. Can he do that?

No. He has no authority; it is not within his

powers. Ex. a Prosecutor with authority only extending to

Bulacan cannot file an information in Makati.

If a State prosecutor is appointed as Acting city

prosecutor, does he have authority to approve/file

the information prepared by the asst. prosecutor?

Yes as long as he is properly appointed by

the DOJ.

o Jurisdictional matters

o 5. Lack of jurisdiction over the person of the accused

Accused has not voluntarily surrendered

Or Accused not arrested

o

6. Lack of jurisdiction over the offense chargedo Exculpatory matters

o 7. Criminal liability has been extinguished by prescription

Recall that there is prescription of crimes and

prescription of penalties.

To which does this ground apply to?

Prescription of crimes. In prescription of

penalties, there is already a judgment.

o 8. Contains averments that if were true, would constitute a

legal excuse or justification

Ex. Self-defense

o 9. Double jeopardy

What are the requisites?

1. Court of competent jurisdiction

2. Valid information

3. Plea

4. Conviction, acquittal, or dismissal without

express consent of the accused

What are examples of dismissal without the

express consent of the accused?

Ex. failure to prosecute



106

What about motion to dismiss prompted by the

accused on the ground of violation of right to

speedy trial?

It is tantamount to an acquittal and thus

leads to DJ. This is an exception to the

general rule What about a demurrer to evidence which is

granted by the court?

It is also tantamount to an acquittal and thus

leads to DJ. Another exception.

What about a motion for determination of

probable cause filed by the accused and granted

by the court?

No, this is not an exception. There is no

plea yet. There is no dismissal without

express consent of the accused.

Compare motion to dismiss (civil procedure) from motion to quash

(criminal procedure). o Re: court actions

o Motion to dismiss:

The court can grant, deny, or order an amendment

o Motion to quash:

The court could only order amendment if it‟s a defect

that can be corrected by such amendment.

UNLIKE in motion to dismiss, regardless of

the ground, the court has a free hand: can

grant, deny, or order amendment.

Whereas here, the court has to order an amendment

before denying/granting, on some grounds.

o

Re: refiling

o Motion to dismiss:

In general, it can be re-filed.

Except:

1. Prescription

2. Unenforceable under Statute of Frauds

3. Res judicata

4. Extinguish of claim or demand (PWEA)

o Motion to quash:

In general, it can be re-filed.

Except:

1. Prescription

2. Double jeopardy

o Re: objections not raised

o

Motion to dismiss: In general, grounds not raised are waived.

Except for:

1. Lack of jurisdiction over the SM

2. Prescription

3. Litis pendentia

4. Res judicata

o Motion to quash:

In general, grounds not raised are waived.

Except for:

1. Lack of jurisdiction over the offense

2. Prescription

3. Does not constitute an offense

4. Double jeopardy

When will double jeopardy not set in?

o 1. When there is a supervening event.

o 2. Facts constituting graver charge only were discovered after

a plea was entered

o 3. Plea of guilty to lesser offense was made without consent of

prosecutor and offended party

Except?

For purpose of plea bargaining, the private

offended party was notified but did not

appear during arraignment And the offense is necessarily included in

the offense charged

When can there be consent of the accused but double jeopardy

can set in?

o 1. Speedy trial

o 2. Demurrer to evidence

Rule 118 – Pre-trial

When must pre-trial happen?



107

o Within 30 days from the court acquiring jurisdiction over the

person AND after arraignment

N.B. within the same 30 day period as arraignment

N.B. but take note of the exception (3:10:10 rule) if

the accused is detained

Can there be compromise?

o Basic rule: you cannot compromise criminal action

o But you can compromise the civil aspect of the case

But when you compromise the civil liability, it does not

lead to the dismissal of the criminal case

What do you need?

Affidavit of desistance by the offended party.

This is as to the civil aspect.

The prosecution has to move for the dismissal of the

case

o If the prosecution moves for dismissal, does double

jeopardy set in?

Check the requisites. If there is plea, double jeopardysets in. If there is none, double jeopardy will not.

Can the admissions of the accused be used against him in the

proceedings?

o Yes, if it is in writing and signed by the accused and his

counsel.

What is the rule for agreements entered into in the pre-trial

conference?

o Same rule – reduced in writing and signed by both accused

and counsel.

o What are these agreements?

1. Plea bargaining

2. Stipulation of facts

3. Marking of evidence

4. Waiver of objections to admissibility of evidence

5. Modification of order of trial (lawful defense)

6. Matters that promote a fair and expeditious trial of

the civil and criminal aspects of the case

o What is required for these agreements?

Must be approved by the court

Absences and appearances:

o The rule of absences in pre-trial (in civil case) does not apply in

criminal cases.

o The pre-trial will be reset.

If the witness is absent, the court can rely on

compulsory processes

If the accused in absent

1. There is forfeiture of bail

2. There will be a warrant of his arrest

[Distinguish cancellation from forfeiture of bail]:

Cancellation –

o Voluntary surrender or death.

o It is automatically cancelled upon

acquittal, conviction, or dismissal of

the case against him without

express consent of the accused.

Forfeiture – failure to appear

What is the procedure?

The court will order the bondsman toproduce the accused within 30 days. If he

fails to do so, the bail will be forfeited.

What is your remedy for forfeited bail?

Appeal

Is it mandatory?

o Yes. There is pre-trial before Clerk of Court

Can there be stipulations?

o Yes

Can there be marking of documents?

o Yes

Rule 119 – Trial

When must trial commence?

o Within 30 days from receipt of PTO

o What if there is an order for new trial?

Within 30 days from notice of that order

But if impractical, it can be extended up to 180 days

from the notice of the order

Period to conclude trial?

o 180 days from first day of trial (unless authorized by the SC)



108

What is the order of trial?

o 1. Prosecution

o 2. Defense

o [optional:]

o 3. Rebuttal

o

4. Surrebuttal o 5. Submission of memoranda

o Are rebuttal and surrebutal necessary?

No. This is upon court‟s discretion.

Likewise, with submission of memoranda.

o Can it be reversed?

Yes, when there is self defense and other exculpatory

defenses

Discharge of the accused as state witness – requisites?

o 1. There is no direct evidence

So for this, you have no one who can point to the

perpetrator.

What is the opposite of direct evidence? Circumstantial evidence

o 2. There is absolute necessity for the evidence

o 3. Could be corroborated in its material points

o 4. Not the most guilty

o 5. Not convicted of a crime involving moral turpitude

When can an application for discharge be made?

o Before the prosecution rests its case

o What does the applicant need to do or submit?

Submitting sworn affidavit

o What happens to the statement?

Becomes part of the evidence of prosecution

o

What happens to the accused?

Becomes acquitted

o If the application is denied, what happens to the

statement?

It‟s inadmissible

Compare with requisites for discharge under Witness Protection

Program?

o The requisites are the same.

o But the mode of application is different – you file it with the

DOJ, not with the court. (Yu v. RTC of Tagaytay )

o Does double jeopardy set in, if under WPP?

No, because there is no plea.

So he can be prosecuted afterwards (!)

When do you file a demurrer to evidence?

o Civil – after plaintiff has completed presentation of evidence

o

Criminal –

after the prosecution rests Do you need leave of court?

o In criminal: you don‟t need to, but there are serious

consequences if you do not secure leave.

If you file with leave of court and it‟s denied, the

accused can still present evidence

If you file without leave of court and it‟s denied, the

accused will not be able to present evidence – there

will be a judgment

o In civil: no need for leave of court

o N.B. demurrer in criminal case on the court’s own initiative

(motu propio) after giving prosecution chance to be heard is

allowed When do you file mot ion for d emurrer in criminal case?

o 1. Non-extendible period of 5 days from prosecution resting its

case

o And then?

Prosecution can oppose the motion in non-extendible

period of 5 days from receipt

o And then?

If leave is granted, accused has non-extendible period

of 10 days from notice to file the demurrer

Prosecution can oppose the demurrer in non-

extendible period of 10 days from receipt

In criminal cases, if the demurrer is denied, can you file a petition

for certiorari?

o No. You cannot file a petition for certiorari. You have to wait

for judgment.

What’s the effect of a grant of demurrer in a civil case?

o It‟s a final disposition of the case.

o In a criminal case?

It‟s a dismissal. It amounts to an acquittal.



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o If the demurrer is granted and the accused is acquitted,

can the accused adduce evidence on the civil aspect of

the case?

Despite the acquittal, the court can still hear the case

as to the civil aspect, unless there is a declaration that

the fact from which the civil liability would arise does

not exist.

So if the accused was not able to present evidence in

the civil aspect, it is a void judgment.

Recall: Exclusions to the 180-day rule for trial to finish from its first day.

When can the court grant a continuance?

o N.B. correlate with last ground for exclusions

o 1. Consider w/n it will lead to a miscarriage of justice

So this can include the civil procedure grounds (ex.

unavailability of material evidence or

sickness/absence of party or counsel)

o 2. The issues in the case are so novel, unusual, and complex

that it requires more time to prepare NOTE: Check discussion in Rule 115 for Conditional examination of

witnesses

When can the testimony of a discharged witness be disregarded?

o ONLY when he deliberately fails to testify truthfully in court

Can there be a reopening of a case?

o Yes, anytime before finality of conviction, the court may motu

propio or upon motion (with hearing) reopen the hearing to

avoid miscarriage of justice

o How long before the proceedings terminate?

30 days from granting

Rule 120 – Judgments

What should a judgment contain?

o 1. Offense you have committed

o 2. Penalty to be imposed

o 3. Participation, whether principal, accomplice, accessory

o 4. Aggravating or mitigating circumstances

o 5. If acquitted, whether:

Complete non-liability

Reasonable doubt

Or if the facts from which the civil liability might rise

from were not committed

Does the prosecution have remedy against an acquittal?

o Note than an acquittal is immediately executory.

o But if there is GADALEJ (P v. Hernandez) – you can file for

certiorari

Before you challenge an acquittal this way, you have

to secure consent of the Solicitor General

And this is only for exceptional circumstances

How do you promulgate judgment?

o The accused should be present during promulgation

Except if it is a light offense

Or else he forfeits his remedies

o There is a period – within 15 days from promulgation of

judgment – within this period he has to explain why he was

absent

o If he is in jail, to whom is the notice served?

The wardeno

If he is out on bail?

The bondsman

o If he is at large?

Notice sent to last known address

Is there promulgation in appellate courts?

o Yes.

o When duly certified by the division, and then forwarded to the

clerk of court, who will give notice of promulgation on paper

Can a judgment be modified?

o Yes, before it is final and executory

Rule 121-5 – Remedies (NT/MR/Appeals)

Is there a record of appeal on criminal cases?

o No.

Is there ordinary appeal (notice of appeal)?

o Yes.

MR/MNT

When?



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o 15 days

o Is Neypes applicable (fresh period rule)?

Yes.

Grounds for MNT?

o 1. Errors of law/irregularities prejudicing substantive rights of

accused during trial

o 2. Newly discovered evidence

Material

Could not have been discovered with reasonable

diligence

Would probably change judgment

o How long does the court have to commence a new trial

from the order granting an MNT?

30 days from the notice of such order

Extendable up to 180 days from notice, if the period is

impractical

Ground for MR?

o

1. Errors of law or fact requiring no further proceedings Can you file MNT in the CA?

o Yes

o What ground?

Newly discovered evidence only

o What is the period?

From perfection of appeal until the court loses

jurisdiction

Can you file MR in the CA?

o Yes, but just one.

Ordinary appeal

Who may appeal in a criminal case?

o Any party may appeal, unless it would place the accused in

double jeopardy

o Parties:

1. Accused

A statutory right, and affirmed in the ROC

2. Offended party

3. People of the Philippines

When may the private offended party appeal?

o Only as regards the civil aspect of the case

Ex. Did not have a finding of civil liability, did not order

restoration, etc.

o This does not place the accused in double jeopardy.

When may the people appeal?

o See sample question: A person is charged with rape in the

information. Counsel for accused filed a motion to quash for

lack of J over the offense charged. The motion is granted.

What is the effect?

Dismissal of the case.

o Can the State appeal?

Yes. Because double jeopardy has not yet set in.

You file the MTQ before arraignment.

In appeals in civil cases, when a party appeals, only such assignment of

errors that he made in the appeal will be taken up by the court. The

appellate court cannot go beyond this assignment of errors. In criminal

cases, when the accused appeals from his conviction, he throws open

the entire case for review. He will not be limited to the assignment oferrors in the appeal brief.

o Significance: the penalty imposed, instead of being lowered or

cancelled, it can be increased.

In the case of several accused, where some appealed and some

didn’t, what is the rule?

o Appeal made by one party does not affect those who did not

appeal.

o Except if it ends up being beneficial.

What happens to the decision?

o The decision is stayed until appeal is not yet completed.

Criminal: X was charged with acts of lasciviousness (within MTC

jurisdiction). MTC renders judgment. Who reviews it?

o RTC, through notice of appeal filed with the MTC. (RULE 122)

o Compare/contrast with Civil:

MTC RTC, through notice of appeal. (RULE 40)

Or MTC RTC, through record of appeal (not

available in criminal cases)

What is the procedure in the RTC for criminal cases, when acting

as appellate court?

o Parties submit their memoranda (Rule 122, Sec 9)

o Compare/contrast with Civil:



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Same. Parties submit memoranda.

Criminal: Court of original jurisdiction is the RTC, and he was

convicted for homicide. Appeal?

o Go to the Court of Appeals, through Notice of appeal filed with

the RTC.

o Compare/contrast with RTC in civil action:

Go to the CA, through Notice of appeal filed with

RTC. OR file a record of appeal.

So still the same.

o What is the procedure followed by the CA in criminal

cases?

File appellant‟s brief (Rule 124), within 30 days

File appellee‟s brief, within 30 days

Reply brief, within 20 days

o

Compare/contrast with civil cases:

45/45/20 days

Petition for review

How does it reach the CA on petition for review?

o If the original case was filed in the MTC.

o MTC RTC CA

What about civil cases?

o Found in Rule 42.

o Still MTC RTC CA

Criminal: Review by the Supreme Court, if the penalty is not

punished by death, life, or reclusion perpetua: from where should

it come from?

o From the CA or the SB only

o

Use Rule 45, whether civil or criminal. Again, the general ruleis that you cannot go up to the SC except through petition for

review on certiorari.

o In civil, from where can you come from?

RTC, CA, SB, CTA en banc, etc.

RTC, penalty is death, based on the law (although it cannot be

implemented). How do you appeal?

o There is automatic review to the Court of Appeals, even in the

absence of a notice of appeal.

o The case is with the CA. What can the CA do?

If it finds for death again, it can render judgment but

not enter it.

o What happens after?

The CA will certify the case to the SC.

The penalty is life/RP. Is it covered by automatic review?

o No. You need notice of appeal. CA

o The Court of Appeals found in favor of life/RP. Can it

render and enter a decision?

Yes.

o How do you appeal this?

This is the singular instance where you file a NOTICE

OF APPEAL with the Court of Appeals to go up to the

SC.

Sandiganbayan

What if the penalty is less than death/life/RP, whether original or

on appeal?

o Rule 45 to SC

o [Note that the CA and SB are same level courts]

What if the penalty is death?

o Automatic review to SC

What if the penalty is li fe/RP?

o Notice of appeal to SC (like in the CA)

General provisions

Can there be a valid judgment even if the judge who rendered the

judgment was not the same one who heard the case?

o

Yes. Logrid a v. P: Rule 122, Sec. 11 provides: even if an accused did not

appeal when there are multiple accused, and there is a favorable

judgment, it could benefit the non-appealing accused.

o However, in this case, the accused invoking this provision

actually filed an appeal, but it was dismissed due to a

technicality.

When is as appeal deemed to be abandoned?

o When the accused jumps bail, escapes, or fails to file an

appellant‟s brief.



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Counsel-de-officio:

o The general rule is the accused is given the choice to retain a

counsel de parte (of his choice)

o If he cannot afford one, the court appoints a counsel de officio

o One can be appointed during arraignment, or for the rest of the

trial.

o Can a counsel de officio be named in the Court of

Appeals?

Yes, when the accused signed his own appeal. Also,

when he was not assisted by counsel.

o Can the SC appoint a counsel de officio for the accused?

Yes, the SC can, but this is not provided for in the

rules.

Sample scenarios

Seduction – what court has jurisdiction?

o File in MTC (since MTC cut-off is 6 years)

o Appeal – to RTC which has territorial jurisdiction.

Notice of appeal

Records of MTC elevated to RTC, no new trial.

Parties are required to submit memoranda.

Rule 42

o Appeal again – to CA

Regardless of the question involved, because RTC

was exercising appellate jurisdiction

o Appeal again – to SC

Rule 45 only (pure questions of law)

Estafa

o

File in RTC, performing original jurisdictiono Appeal –

Questions of fact and mixed questions, go to CA

Pure questions of law, go to SC

o If you go to SC, what mode?

Rule 45

o If you go to the CA, what mode?

Ordinary appeal, Rule 41

RTC sentences accused to RP or LI. What is the remedy?

o Notice of appeal to CA, Rule 41

o What issues can you raise?

Facts, or Mixed

o If your questions are just purely legal, are you prevented from

raising it to the SC via Rule 45?

No you are not. There is nothing the rules preventing

you from doing so.

RTC imposes penalty of RP or LI. The CA affirmed. Your MR is denied.

What is your remedy?

o Go to the SC, under Notice of Appeal

o This is the exception

o Purpose: so you raise both questions of law and fact

Where appealed cases from Sandiganbayan go?

o SB (= CA) SC (Rule 45)

o SB (reclusion perpetua or LI) SC (notice of appeal)

o Note: there can still be certiorari (Rule 65) for instances, such

as when the prosecution was deprived its day in court

Does the Rule 41 provision which enumerates what cannot be

appealed apply suppletorily to criminal appeals? o No.

o Resolution on MTQ is thus appealable regardless of the

ground availed of (because it is a final order)

o If the basis of MTQ is prescription of the offense or double

jeopardy if this is granted by the TC, this means that the

prosecution cannot simply refile it. There is no problem here,

so remedy is appeal.

o The only issue is when the MTQ is based on grounds like

alleging multiple offenses or lack of J of the court, which can

be cured by refiling in a different court the losing party can

still challenge it in an appeal!

Because as highlighted above, the Rule 41 prohibition

does not translate to criminal procedure

Practitioner-type question: If as prosecutor, your complaint was

dismissed under Rule 117 Sec 3 (5) – did not comply with proper

form. What is the better remedy to choose: certiorari or appeal

(since this is allowed too)?

o N.B. If this were a civil case, the obvious remedy is re-file or

certiorari under Rule 65, since appeal does not vest.



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o In a criminal case, you have to choose appeal because

certiorari cannot vest if there is a plain, speedy, available

remedy.

o But sir left this issue hanging. “It‟s not yet clear cut.”

Rule 126 – Searches and seizures

How long is the life of the search warrant?

o 10 days from date of issue, and then void

What can be the personal property subject to search and seizure?

o 1. Subject of offense

o 2. Stolen or embezzled, or fruits of the offense

o 3. Used or intended to be used as means to commit offense

o The search warrant said “an undetermined amount of

shabu.” The original case was for marijuana. Will this be

enough for the police officers to conduct a search?

Yes, even if the amount was not specified. What is

required is that the object of the search be described

with particularity. Quantity is not required.

o The police officer was armed with a search warrant. But

before implement or enforcing it, on plain view, he saw

illegal firearms. Can there be a valid search?

Yes. Plain view exception applies, even if there is a

search warrant.

Where could you apply for a search warrant?

o 1. You apply to the court, following the rule on territoriality.

o 2. For compelling reasons, any court within judicial region

where the crime was committed or any court within judicial

region where warrant shall be enforced

o

What can be a compelling reason? It‟s a question of fact, but an example is when he is a

public officer of that locality and there is doubt that a

search warrant can be properly applied for.

o N.B. But if there is already a criminal action, file it in the court

where the action is pending

o Is application for a search warrant a criminal action?

No. It is a special judicial process.

o Can it become one?

No. You need information because the application for

a search warrant will not evolve into one.

Where do you file for quashal of search warrant?

o In the court wherein it was applied for if there is no case yet

o If there is a case, in the court where the case is pending

Who determines probable cause for search warrants?

o The judge. Not the prosecutor.

o Wherelse is probable cause required, apart from

application for search warrant?

1. Preliminary investigation

2. Rule 113, warrantless arrest (personal knowledge

that crime has been committed)

3. Warrant of arrest

4. Search and seizure

o What is required for the judge to do?

Personal examination and determination by the judge

of the complainant/applicant and witnesses.

It does not involve mere submission of affidavits. Give an example of a search based on a warrant, where the place

is described with particularity.

o Ex. if it‟s an apartment, you give the number of the apartment.

o What if it’s a stretch of apartments, and what was

indicated is apartment B, but what was searched was

apartment C. Was there a valid search?

No.

o But was the search warrant valid?

Yes. The search warrant can be valid, but the

implementation was invalid.

o There were illegal items seized from apartment C. How

can you prevent these goods from being used in acriminal trial?

Motion to suppress.

o Differentiate motion to quash from motion to suppress.

Motion to quash is before implementation of the

search warrant.

Motion to suppress is after implementation and before

presentation in court.

o What if there is no way to describe with particularity the

place, esp. when it is a province?



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It‟s possible to say “kilometer 30.” But this can‟t apply

for cities or municipalities.

To whom must a search warrant be served?

o The lawful occupant.

o In the absence of the lawful occupant?

To a relative.

o

In the absence of the occupant or relative?

To two witnesses of sufficient age and discretion

residing in that locality.

When the items are seized, to whom must the receipt be given?

o To the lawful occupant or relative

o If there are two witnesses, the receipt will be left in the

premises where they were seized

When can it be conducted?

o The warrant must provide that search is in day time

o N.B. Unless affidavit asserts the property is on the person or

place ordered to be searched, in which case, it is day or night

What is the duty of the officer after the search?o He should present an inventory of the items. Failure to submit

inventory makes him liable for contempt.

Dangerous Drugs Law: what are the special rules?

o The inventory must be made at the scene of the crime. (For

normal crimes, it can be done in court or police station or

wherever.)

o The person must make a physical science report to track the

chain of custody.

What is the rule as to search and arrest?

o The general rule is that the arrest must come before the search

and seizure.

o

Or, the search and seizure must be contemporaneous to

arrest.

If you apply for a search warrant in QC, can it be applied outside of

the territorial jurisdiction?

o As a general rule, no.

o But allowed as an exception for violations of:

1. DDL,

2. IP code,

3. illegal possession of firearms,

4. illegal gambling,

5. Heinous crimes,

6. AML,

7. Violation of tariff and customs code.

o You have to apply before an executive judge before the City of

Manila or Quezon City. This will be effective anywhere in the

Philippines.

Re: Seizure of fake goods (ex. fake Adidas) – What is the role of

the private party?

o The private party can submit documents and pleadings to

support the application of the NBI.

The place of manufacture of the fake goods is in Cavite, and place

of sale is in San Juan. Where do you apply?

o Either place.

Rule 127 – Provisional remedies

What is the general rule?

o

Provisional remedies in civil procedure are applicable tocriminal procedure.

What about replevin?

o Does not apply because it can only be filed before an answer,

but in a criminal case, there is no answer.

What are the grounds for attachment in criminal cases?

o 1. The accused is about to abscond or depart with intent to

defraud

o 2. Claim for money or property that has been embezzled with

abuse of trust (estafa)

o 3. Accused resides outside the Philippines

o 4. Accused has concealed/removed/disposed his property

Situation Period RemarksPRELIMINARYINVESTIGATION

Filing of complaint *start of criminalprocedure*

Initial action ofprosecutor (no PI)

Within 10 days fromfiling of complaint

Either dismissing orprosper

Initial action ofprosecutor (with PI)

Within 10 days fromfiling of complaint

Dismiss case or issuesubpoena torespondent



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Respondent submitscounter-affidavit

Within 10 days fromreceipt of subpoena

If respondent cannot besubpoenaed or did notsubmit counter-affidavitwithin 10 days,prosecutor resolvesbased on complaint

aloneClarificatory hearing Within 10 days fromsubmission of counter-affidavits

(Optional)

Termination ofclarificatory hearing

Within 5 days from firsthearing

Resolution Within 10 days afterinvestigation

Forward record of caseto provincial or cityprosecutor orOMB/deputy

Within 5 days fromresolution

Action by the provincialor city prosecutor orOMB/deputy

Within 10 days fromreceipt

Can: a) dismiss or b)file information

Judge determinesprobable cause

Within 10 days fromfiling of information orcomplaint

If judge doubtsexistence of probablecause, he may opt to:

Prosecutor to presentadditional evidenceupon judicial order

Within 5 days fromnotice

The 10 days todetermine extends to30 days

(Post inquest) Filing ofcomplaint orinformation in courtwithout preliminaryinvestigation – accusedmay ask for preliminary

investigation

Within 5 days from thetime he learns of itsfiling

ARRAIGNMENT and

PRE-TRIAL

Arraignment of personnot under preventivedetention

Within 30 days fromdate court acquires jurisdiction over him

This same period mustcover pre-trial

Arraignment of personunder preventivedetention

Raffled within 3 daysfrom filing ofinformation or

Remember the 3:10:10rule

complaint;Arraigned within 10days from date of raffle;Pre-trial within 10 daysfrom arraignment

Suspension of

arraignment due topetition for review filedwith Sec. of DOJ

Maximum 60 days from

filing of petition

Filing of motion toquash

Any time before he isarraigned

TRIAL

Time for accused toprepare for trial

At least 15 days fromplea of not guilty

Commencement of trial Within 30 days fromreceipt of pre-trial order

Commencement of trialafter MNT granted

Within 30 days fromnotice of the order

Allow extension up to180 days, by the court

Entire trial period Maximum 180 daysfrom first day of trialExclusion from 180 daylimit of delay due topre-trial proceedings orperiod in whichaccused is actuallyunder advisement

Maximum 30 days

Examination of witnessfor defense (aka modesof discovery for criminalaction)

Order by court (uponapplication of accused)issued at least 3 daysbefore the examination

Before a judge,member of bar in goodstanding, or inferiorcourt

Leave of court to filedemurrer to evidence

Within 5 days afterprosecution rests itscase

Non-extendible

Opposition byprosecution to themotion

Within 5 days fromreceipt of the motion

Non-extendible

After being grantedleave, filing of demurrerto evidence

Within 10 days fromnotice

Non-extendible

Reopening of trial toavoid miscarriage of justice

Anytime before finalityof conviction

Terminate proceedingswithin 30 days fromorder granting it



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JUDGMENT,REMEDIES

Surrender of convictedaccused, after initiallyfailing to appear inpromulgation of

judgment

Within 15 days frompromulgation of judgment

Surrender and filemotion to avail of post- judgment remedies(because these will not

avail anymore)Availing of post- judgment remedies ofabove-stated person

Within 15 days fromnotice, after proving justifiable reasons fornon-appearance

Appeal from judgment *follow usual periods inappeal

Submission ofappellant‟s brief

Within 30 days ofreceipt of notice fromclerk of transmittal ofevidence

Submission ofappellee‟s brief

PART III: EVIDENCE

General provisions

When did the Rules on Evidence take effect?

o July 1, 1989

What is evidence?

o Evidence is the means, sanctioned by the Rules, of

ascertaining in a judicial proceeding the truth respecting a

matter of fact.

Not all concepts of evidence will require presentation of evidence.

What are these exceptions?

o 1. Judicial notice

o 2. Judicial admissions

When you’re required to present evidence, there are three kinds:

o 1. Object

o 2. Documentary

o 3. Testimonial

Whether it’s object, documentary or testimonial, what is required?

o They have to pass the test of admissibility (Rule 128, Sec. 3)

Direct: proves fact in dispute withoutneed for inference or presumption

Circumstantial: proof of facts, whentaken collectively, existence of

particular fact may be inferred as anecessary or probable consequence.

Primary: best evidence; affordsgreatest certainty of fact

Secondary: inferior to primaryevidence and shows on its face thatbetter evidence exists.

Positive: witness affirms that a factdid or did not occur. Positive trumpsnegative, when witnesses equallycredible

Negative: witness states that he didnot see or know the occurrence of afact; only admissible to contradictpositive evidence.

Corroborative: Different kind andcharacter proving the same point

Cumulative: Same kind andcharacter as that already given,proving same point

Prima facie: that which suffices toprove a fact, until contradicted byother evidence

Conclusive: incontrovertible

When is evidence admissible?

o When it is relevant and competent

When is it relevant?

o 1. When it is material

When is it material?

Has direct relation to the fact in issue

o 2. When it has probative value

When does it have probative value?

Can induce belief as to its existence or non-existence

When is it competent?

o Not excluded by law

o What are not competent – give examples:

Those excluded by the Best Evidence Rule

Those seized without valid warrant and without a valid

exception

Those violating the Parol Evidence Rule (contents in

the written document are presumed to be the

Documents

Ateneo 2011 Remedial Law (Criminal Procedure)