CrimProBedaReviewer1 2

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San Beda College of Law

MEMORY AIDIN REMEDIAL LAW

CRIMINAL PROCEDURE

Criminal Jurisdiction power of the State to tryand punish a person for a violation of its penallaws.

REQUISITES FOR A VALID EXERCISE OF CRIMINALJURISDICTION:

1. The offense, by virtue of the imposablepenalty OR its nature, is one which the courtis by law authorized to take cognizance of,(jurisdiction over the SUBJECT MATTER).

2. The offense must have been committedwithin its territorial jurisdiction, (jurisdictionover the TERRITORY).

3. The person charged with the offense musthave been brought to its presence for trial,forcibly by warrant of arrest or upon hisvoluntary submission to the court,(jurisdiction over the PERSON OF THEACCUSED).

JURISDICTION

OVER THESUBJECTMATTER

JURISDICTIONOVER THEPERSON OF

THE ACCUSEDDerived from the

law. It can never be

acquired solely byconsent of theaccused.

May be acquired byconsent of the

accused or by waiverof objections.

Objection that thecourt has no

jurisdiction of thesubject matter may

be made at any stageof the proceeding,

and the right tomake such objection

is never waived.

If he fails to makehis objection in time,he will be deemed to

have waived it.

DETERMINATION OF CRIMINAL JURISDICTION:Determined by the allegations in the complaint or information not by the results1.

Hearing(opt

ional).Itshallbehel

dwithin10daysfromsu

bmissionofcounter-a

ffidavitsorfromthe

Resolutiono

finvestigatingprose

cutor(Sec.4&5).

Filingofthe

complaintaccompanie

dbytheaffidavitsand

supportingdocuments

.

Within10day

safterthefiling,the

investigatingoffice

rshalleitherdismiss

orissuesubpoena.

Ifsubpoenai

sissued,respondents

hallsubmitacounter-

affidavitandothersu

pportingdocumentsw


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of proof or by the trial courts appreciation of the evidence presented.

Determined by the law in force at the time ofthe institution of the criminal action. ONCEVESTED, IT CANNOT BE WITHDRAWN BY:

subsequent valid amendment of theinformation; ora subsequent statutory amendment of therules of jurisdiction, UNLESS theamendatory law provides otherwise.

RULE 110PROSECUTION OF OFFENSES

Section 1. Institution of criminal actions.

For offenses where a preliminary investigationis required - by filing the complaint with theproper officer for the purpose of conducting therequisite preliminary investigation.

Preliminary investigation is REQUIRED for offenseswhere the penalty prescribed by law is at least 4years, 2 months and 1day without regard to fine(Rule 112, Sec. 1 Par.2).

For all other offenses - by filing the complaint orinformation directly with the Municipal TrialCourts and Municipal Circuit Trial Courts, or thecomplaint with the office of the prosecutor.

DOES NOT APPLY to offenses which are subjectto summary procedure.

Effect of institution of the criminal action:It interrupts the running of the period ofprescription of the offense charged unlessotherwise provided by special laws.

Remedies of the offended party if theprosecutor refuses to file an information:

file an action for mandamus, in case of grave

2.

a)

b)

expirationoftheperiodoftheirsubmission.

ithin10daysfromreceiptthereof.


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abuse of discretion;lodge a new complaint before the court havingjurisdiction over the offense;take up the matter with the Secretary ofJustice in accordance with the Rev.Administrative Code;

institute an administrative charges against theerring prosecutor; andfile criminal action against the prosecutor withthe corresponding civil action for damages.

May Injunction Issue to Restrain CriminalProsecution?GENERAL RULE: Criminal prosecutions may NOTbe restrained or stayed by injunction, preliminary

or final. The reason being, public interestrequires that criminal acts be immediatelyinvestigated and prosecuted for the protection ofthe society (Domingo vs. Sandiganbayan, 322SCRA 655).EXCEPTIONS:

To afford adequate protection to theconstitutional rights of the accused;When necessary for the orderly administration

of justice or to avoid oppression or multiplicityof actions;When there is a prejudicial question which issubjudice;When the acts of the officer are without or inexcess of authority;When the prosecution is under an invalid law,ordinance or regulation;When double jeopardy is clearly apparent;When the court had no jurisdiction over theoffense;When it is a case of persecution rather thanprosecution;When the charges are manifestly false andmotivated by lust for vengeance; andWhen there is clearly no prima facie case

against the accused and a motion to quash onthat ground has been denied.

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Section 2. Form of the complaint orinformation.

FORMIn writing;

In the name of the People of the Philippines;andAgainst all persons who appear to beresponsible for the offense involved.

Section 3. Complaint defined.

A Complaint is:a sworn written statement;charging a person with an offense;

subscribed by the offended party, any peaceofficer or other public officer charged with theenforcement of the law violated.

The complaint mentioned in this section refers toone filed in court for the commencement of acriminal prosecution for violation of a crime,usually cognizable by municipal trial courts aswell as to a complaint filed by an offended party

in private crimes or those which cannot beprosecuted de officio.

REQUISITES OF A COMPLAINT:it must be in writing and under oath;it must be in the name of the People of thePhilippines;it must charge a person with an offense; andit must be subscribed by the offended party,by any peace officer or public officer chargedwith the enforcement of the law violated.

PERSONS WHO CAN FILE A COMPLAINTOffended partyAny peace officer

Other public officer charged with theenforcement of the law violated

ex. Internal Revenue Officer for violation

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2.

3.

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3.

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2.

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3.


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of the NIRC, custom agents with respect toviolations of the Tariff and Customs Code

Section 4. Information defined.

An Information is:

an accusation in writing;charging a person with an offense;subscribed by the prosecutor and filed with thecourt.

REQUISITES OF AN INFORMATIONit must be in writing;it must charge a person with an offense;it must be subscribed by the fiscal; and

it must be filed in court.COMPLAINT INFORMATION

Subscribed by theoffended party, any

peace officer or otherofficer charged withthe enforcement of

the law violated

Subscribed by thefiscal

(indispensablerequirement)

it may be filed eitherin court or in the

prosecutors office

it is filed with thecourt

must be made underoath

need not be underoath

& Prosecution in the RTC are always commencedby information, EXCEPT:

in certain crimes against chastity (concubinage,adultery, seduction, abduction, acts oflasciviousness); anddefamations imputing any of the aforesaidoffenses wherein a sworn written complaint isrequired in accordance with section 5 of thisRule.

Section 5. Who must prosecute criminalactions.FULL DISCRETION AND CONTROL OF THE

PROSECUTORAll criminal actions commenced by a complaint orinformation shall be prosecuted under thedirection and control of the prosecutor.

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A PRIVATE PROSECUTOR may be authorized toprosecute a criminal action subject to thefollowing conditions:

the public prosecutor has a heavy workschedule, or there is no public prosecutor

assigned in the province or city;the private prosecutor is authorized IN WRITINGby the Regional State Prosecutor (RSP),Provincial or City Prosecutor;the authority of the private prosecutor must beapproved by the court;the private prosecutor shall continue toprosecute the case until the end of the trialunless the authority is withdrawn or otherwise

revoked by the RSP, Provincial or CityProsecutor; andIn case of the withdrawal or revocation of theauthority of the private prosecutor, the samemust be approved by court.

(Memo Circ. No. 25, April 26, 2002, RegardingAmendment to Sec. 5, Rule 110)

In appeals before the CA and the SC, it is only the

Solicitor General that is authorized to bring anddefend actions in behalf of the People of thePhilippines (People vs. Nano, 205 SCRA 155).

In all cases elevated to the Sandiganbayan andfrom the Sandiganbayan to the SC, the Office ofthe Ombudsman, through its Special Prosecutorshall represent the People of the Philippines,EXCEPT in cases filed pursuant to E.O. Nos. 1, 2,14 and 14-A, issued in 1986 (Sec. 4, RA 8249).

PROSECUTION OF CRIMES AGAINST CHASTITY

WHO MAY PROSECUTEConcubinage and adultery only by theoffended spouse who should have the status,capacity, and legal representation at the timeof filing of the complaint, regardless of age;

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2.

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Seduction, Abduction and Acts ofLasciviousness prosecuted exclusively andsuccessively by the following persons in thisorder:

by the offended womanby the parents, grandparents or legal/judicial

guardians in that successive orderby the State in the exercise of the right ofparens patriae, when the offended party diesor becomes incapacitated before she couldfile the complaint and she has no knownparents, grandparents or guardian.

A defamation imputing to a person any ofthe foregoing crimes of concubinage, adultery,seduction, abduction, rape or acts of

lasciviousness can be prosecuted only by theparty or parties defamed (Article 360, last par.,Revised Penal Code).

If the offended party is of legal age AND does notsuffer from physical or mental disability, shealone can file the complaint to the exclusion ofall others.

WHO CAN GIVE PARDONConcubinage and adultery- only the offendedspouse, not otherwise incapacitated, canvalidly extend the pardon or consentcontemplated therein.Seduction, abduction, and acts oflasciviousness

the offended minor, if with sufficientdiscretion, can validly pardon the accused byherself if she has no parents or where theaccused is her own father and her mother isdead;

the parents, grandparents or guardian of theoffended minor, in that order, CANNOTextend a valid pardon in said crimesWITHOUT the conformity of the offendedparty, even if the latter is a minor;if the offended woman is of age and not

2.

a)

b)

c)

3.

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2.

a)

b)

c)


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otherwise incapacitated, only she can extenda valid pardon.

The pardon refers to pardon BEFORE filing of thecriminal complaint in court. Pardon effected afterthe filing of the complaint in court does NOT

prohibit the continuance of the prosecution of theoffense EXCEPT in case of marriage between theoffender and the offended party.

PARDON vs. CONSENTConsent refers to future acts, while pardon refersto past acts of adultery. The importance of thisdistinction is that consent, in order to absolve theaccused from liability, is sufficient even if

granted only to the offending spouse, whereaspardon must be extended to both offendersThe SUBSEQUENT MARRIAGE between theoffended party and the accused extinguishes thecriminal liability of the latter, together with thatof the co-principals, accomplices and accessories.EXCEPT:

where the marriage was invalid or contracted in

bad faith in order to escape criminal liability,in private libelin multiple rape, insofar as the other accused inthe other acts of rape respectively committedby them are concerned.

& The ACQUITTAL OR DEATH of one of theaccused in the crime of adultery does not bar theprosecution of the other accused (People vs.Topio, et al., 35 Phil. 901). HOWEVER, thedeath of the offended spouse before the filing of

the complaint for adultery bars furtherprosecution, BUT if the offended spouse diedafter the filing of the corresponding complaint,his death will NOT prevent the proceeding fromcontinuing to its ultimate conclusion.

& DESISTANCE of complainant does not bar

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criminal prosecution but it operates as waiver ofthe right to pursue civil indemnity.

Section 6. Sufficiency of complaint orinformation.

CONTENTS OF A VALID COMPLAINT ORINFORMATION

Name of the accused, including any appellationor nickname

An error in the name of the accused is notreversible as long as his identity issufficiently established and this defect iscurable at any stage of the proceedings asthe insertion of the real name of the accused

is merely a matter of form.The designation of the offenseThe acts or omissions complained of asconstituting the offenseThe name of the offended partyThe approximate time of the commission of theoffenseThe place wherein the offense was committed

PURPOSE OF THE RULE1. To inform the accused of the nature andcause of accusation against him.

2. To notify the defendant of the criminalacts imputed to him so that he can dulyprepare his defense.

Substantial defect in the information cannot becured by evidence that would jeopardize theaccuseds right to be informed of the true nature

of the offense he is being charged with

Section 7. Name of the accused.

PURPOSEThe manifest intent of the provision is to make aspecific identification of the person to whom thecommission of an offense is being imputed.

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Section 8. Designation of the offense.

The information or complaint must state ordesignate the following whenever possible:

The designation of the offense given by thestatute.The statement of the acts or omissionsconstituting the offense, in ordinary, conciseand particular words.The specific qualifying and aggravatingcircumstances must be stated in ordinary andconcise language.

The qualifying and aggravating circumstancescannot be appreciated even if proved UNLESSalleged in the information.

In case of allegation of aggravating circumstanceof HABITUAL DELINQUENCY, it should not begenerally averred. The information must specifythe requisite data regarding:

the commission of the crimes;

the last conviction or release;the other previous conviction or release of theaccused.

ALLEGATIONS PREVAIL OVER DESIGNATION OFTHE OFFENSE IN THE INFORMATION

It is not the designation of the offense in thecomplaint or information that is controlling

(People vs. Samillano, 56 SCRA 573); the factsalleged therein and not its title determine thenature of the crime(People vs. Magdowa, 73 Phil.512).

The accused may be convicted of a crime moreserious than that named in the title orpreliminary part if such crime is covered by thefacts alleged in the body of the information and

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its commission is established by evidence (Buhatvs. Court of Appeals, 265 SCRA 701).

Limitation on the rule that an accused may be

convicted of a crime which is more serious thanthat named in the title so long as the factsalleged the more serious offense:

An accused could not be convicted under one actwhen he is charged with a violation of another ifthe change from one statute to the otherinvolves:

a change in the theory of the trial;

requires of the defendant a different defense;orsurprises the accused in any way (U.S. vs.Panlilio, 28 Phil. 603)

.Section 9. Cause of the accusation.

PURPOSEto enable the court to pronounce proper

judgment;to furnish the accused with such a descriptionof the charge as to enable him to make adefense;as a protection against further prosecution forthe same cause.

RULE ON NEGATIVE AVERMENTS

GENERAL RULE: Where the statute penalizes

generally the acts therein defined and is intendedto apply to all persons indiscriminately, theinformation is sufficient even if does not allegethat the accused falls within the exceptedsituation, for then the complete definition of theoffense is entirely separable from the exceptionsand can be made without reference to the latter.In this case, the exception is a matter of defensewhich the accused has to prove.

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EXCEPTION: Where the statute alleged to havebeen violated applies only to a specific class ofpersons and to special conditions, the informationmust allege facts establishing that the accusedfalls within the specific class affected and not

those affected from the coverage of law. Wherenegative averment is an essential element of thecrime, it must be proved.

Section 10. Place of commission of the offense

PURPOSE

To show territorial jurisdiction.Section 11. Date of commission of the offense

GENERAL RULE:It is NOT required that the complaint orinformation state with particularity the PLACEwhere the crime was committed and the DATE ofthe commission of the crime.

EXCEPTION:If the PLACE/DATE of the commission of theoffense constitutes an essential element of theoffense.

Section 12. Name of the offended party

GENERAL RULE: The offended party must bedesignated by name, nickname, any other

appellation or by fictitious name.EXCEPTION: In crimes against property, thedescription of the property must supplement theallegation that the owner is unknown.

Section 13. Duplicity of offense.

There is duplicity when the complaint orinformation charges 2 or more DISTINCT or


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DIFFERENT offenses.

GENERAL RULE:A complaint or information must charge only oneoffense.EXCEPTIONS:

Complex crimesSpecial Complex crimesContinuous crimes or delicto continuadoCrimes of which another offense is aningredient

Should there be duplicity of offense in theinformation, the accused must move for thequashal of the same BEFORE arraignment

arraignment, otherwise, he is deemed to havewaived the objection and maybe found guilty ofas many offenses as those charged and provedduring the trial.

Section. 14. Amendment or substitution.

KINDS OF AMENDMENTBEFORE THE PLEA covers both substantial andformal amendment, WITHOUT leave of court.AFTER THE PLEA covers only formalamendment provided:leave of court is obtained

such amendment is not prejudicial to the rightsof the accused.

EXCEPT when a fact supervenes which

changes the nature of the crime charged inthe information or upgrades it to a highercrime, in which case, there is a need foranother arraignment of the accused underthe amended information.

An amendment is only in form where it neitheraffects nor alters the nature of the offensecharged OR where the charge does not deprive

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the accused of a fair opportunity to present hisdefense OR where it does not involve a change inthe basic theory of the prosecution.

Substitution If it appears at anytime beforejudgment that a mistake has been made in

charging the proper offense, the court shalldismiss the original complaint or information uponthe filing of a new one charging the properoffense, provided the accused shall not be placedin double jeopardy.

Limitation to the rule on substitution:No judgment has yet been rendered.The accused cannot be convicted of the offense

charged or of any other offense necessarilyincluded therein.The accused would not be placed in doublejeopardy.AMENDMENT SUBSTITUTION

OFINFORMATIONOR COMPLAINT

May involve eitherformal or substantial

changes

Involves substantialchange from theoriginal charge

Amendment beforethe plea has been

entered can beeffected withoutleave of court.

Substitution ofinformation must be

with leave of courtas the originalinformation has to be

dismissed.

Amendment is onlyas to form, there isno need for another

preliminaryinvestigation and the

retaking of the pleaof the accused.

Another preliminaryinvestigation is

entailed and theaccused has to plead

anew to the new

information

An amended

information refers tothe same offense

charged in theoriginal information

or to an offensewhich necessarily

includes or isnecessarily included

in the originalcharge, hence

substantialamendments to the

information after theplea has been takencannot be made overthe objection of theaccused, for if the

original informationwould be withdrawn,

the accused couldinvoke double

jeopardy.

Requires or

presupposes that thenew information

involves a differentoffense which doesnot include or is notnecessarily included

in the originalcharge, hence the

accused cannot claimdouble jeopardy.

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VARIANCE BETWEEN INDICTMENT AND PROOF(Situations Contemplated)

When the offense proved is less serious than,and is necessarily included in, the offensecharged, in which case the defendant shall be

convicted of the offense proved.When the offense proved is more serious thanand includes the offense charged, in which casethe defendant shall be convicted of the offensecharged.When the offense proved is neither included in,nor does it include, the offense charged and isdifferent therefrom, in which case the courtshould dismiss the action and order the filing of

a new information charging the proper offense.The third situation set forth above is substitutionof information under Section 14, Rule 110.

Section 15. Place where action is to beinstituted.

PURPOSE

The purpose being not to compel the defendantto move to, and appear in a different court fromthat of the territory where the crime wascommitted, as it would cause him great

inconvenience in looking for his witnesses andother evidence in another place (Beltran vs.Ramos, 96 Phil. 149).

VENUE IS JURISDICTIONAL

Venue is jurisdictional as the court has nojurisdiction to try an offense committed outsideits territorial jurisdiction. It cannot be waived, orchanged by agreement of the parties, or by theconsent of the defendant.

GENERAL RULE: Subject to existing laws, in allcriminal prosecutions, the action must be

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instituted and tried in the courts of themunicipality or territory where the offense wascommitted or any of its essential ingredientsoccurred.

EXCEPTIONS TO THE RULE OF VENUE:

Felonies under Art. 2 of the Revised Penal CodeShall be cognizable by the proper court wherethe criminal action was first filed.

Complex CrimesWhere the crime charged is a complex crime,the RTC of any province in which any one of theessential elements of such complex crime had

been committed has jurisdiction to takecognizance of the offense.Continuing Offense - is one where theelements of which occur in several places,(unlike a LOCAL OFFENSE - one which is fullyconsummated in one place)

The venue is in the place where one of itsessential elements was consummated.

Piracy The venue of piracy, unlike all other

crimes, has no territorial limits.Libel The action may be instituted at theelection of the offended or suing party in theprovince or city:

where the libelous article is printed and firstpublished;if one of the offended parties is a privateindividual, where said private individualactually resides at the time of the commission

of the offense;if the offended party is a public official, wherethe latter holds office at the time of thecommission of the offense.In exceptional circumstances to ensure a fairtrial and impartial inquiry. The SC shall havethe power to order a change of venue or placeof trial to avoid miscarriage of justice (Section5[4], Article VIII, 1987 Constitution).

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Section 16. Intervention of the offended partyin criminal action.

GENERAL RULE: Offended party has the right tointervene by counsel in the prosecution of the

criminal action, where the civil action forrecovery of civil liability is instituted in thecriminal action pursuant to Rule 111.

EXCEPTIONS:Where from the nature of the crime and thelaw defining and punishing it, NO civil liabilityarises in favor of the offended party; andWhere the offended party has waived his right

to civil indemnity OR has expressly reserved hisright to institute a civil action OR has alreadyinstituted said action.

RULE 111PROSECUTION OF CIVIL ACTIONS

Section 1. Institution of criminal and civil

actions.GENERAL RULE:

When a criminal action is instituted, the civilaction for the recovery of civil liability arisingfrom the offense shall be deemed instituted withthe criminal action.EXCEPTIONS:

when the offended party WAIVES the civil

actionwhen the offended party RESERVES his right toinstitute a separate civil actionwhen offended party INSTITUTES A CIVILACTION PRIOR to the criminal action.

WHEN RESERVATION SHALL BE MADEbefore the prosecution starts to present itsevidence and

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under circumstances affording the offendedparty to a reasonable opportunity to make suchreservation.

& ONLY the civil liability arising from the crimecharged as a felony is now deemed instituted.

Civil liability arising from other sources ofobligations are no longer deemed instituted likethose under Article 32, 33, 34 and 2176 of theCivil Code which can be prosecuted even withoutreservation.& In BP 22 cases, no reservation to file the civilaction separately shall be allowed.

RULES ON FILING FEES OF CIVIL ACTION DEEMED

INSTITUTED WITH THE CRIMINAL ACTIONNO filing fees are required for amounts ofACTUAL DAMAGES, EXCEPT with respect tocriminal actions for violation of BP 22, in whichcase, the offended party shall pay in full thefiling fees based on the face value of the checkas the actual damages;Damages other than actual (moral, exemplaryand other damages) if specified in the

complaint or information, the correspondingfiling fees shall be paid, otherwise the court

will not acquire jurisdiction over such damages;Where moral, exemplary and other damagesare NOT specified in the complaint orinformation, the grant and amount thereof areleft to the sound discretion of the trial court,the corresponding filing fees need not be paidand shall simply constitute a first lien on the

judgment.

& Counterclaims, cross-claims, third partycomplaints are no longer allowed in a criminalproceeding. Any claim which could have been thesubject thereof may be litigated in a separatecivil action.

Section 2. When separate civil action is

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suspended.

PRIMACY OF CRIMINAL ACTION OVER CIVILACTION

After the filing of the criminal action, the civilaction which has been reserved CANNOT be

instituted until final judgment has beenrendered in the criminal action.If the civil action is instituted BEFORE the filingof the criminal action and the criminal action issubsequently commenced, the pending civilaction shall be suspended until final judgmentin the criminal action has been rendered.

EXCEPTIONS:In cases of independent civil actions based

upon Arts. 32, 33, 34 and 2176 of the CivilCode;In cases where the civil action presents aprejudicial question;In cases where the civil action isconsolidated with the criminal action; andWhere the civil action is not one intendedto enforce the civil liability arising fromthe offense.

ACQUITTAL IN A CRIMINAL CASE DOES NOT BARTHE FILING OF THE CIVIL CASE WHERE:

the acquittal is based on reasonable doubt, ifthe civil case has been reservedthe decision contains a declaration that theliability of the accused is not criminal but onlycivil in nature andthe civil liability is not derived from or based

on the criminal act of which the accused isacquitted (Sapiera vs. Court of Appeals, 314SCRA 370).

& Extinction of the penal action does not carrywith it the extinction of the civil action, UNLESSthe extinction proceeds from a declaration in afinal judgment that the fact from which the civilliability might arise did not exist.

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& The extinction of the civil liability refersexclusively to civil liability arising from crime;whereas, the civil liability for the same actconsidered as a quasi-delict is not extinguishedeven by a declaration in the criminal case that

the criminal act charged has not happened or hasnot been committed by the accused.

& Where the criminal case was dismissed beforetrial because the offended party executed anaffidavit of desistance, the civil action thereof issimilarly dismissed.

Section 3. When civil action may proceed

independently.& The institution of an independent civil actionagainst the offender under Articles 32, 33, 34 and2176 of the Civil Code may proceedindependently of the criminal case and at thesame time without suspension of eitherproceeding.

& Recovery of civil liability under Articles 32, 33,34 and 2176 of the Civil Code arising from thesame act or omission may be prosecutedseparately even without a reservation. Thereservation and waiver herein refers only to thecivil action for the recovery of civil liabilityarising from the offense charged (DMPI EmployeesCredit Coop vs. Velez, G.R. No. 129282, Nov. 29,2001).

PURPOSETo prevent the offended party from recoveringdamages twice for the same act or omission.

Section 4. Effect of death on civil actions.

AFTER arraignment and during the pendency ofthe criminal action - extinguishes the civil liability


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arising from the delict.

BEFORE arraignment - the case shall be DSMISSEDwithout prejudice to any civil action the offendedparty may file against the estate of the deceased.

& However, the independent civil actioninstituted under Section 3 of this Rule or whichthereafter is instituted to enforce liability arisingfrom other sources of obligation may becontinued against the estate or legalrepresentative of the accused after propersubstitution or against said estate, as the casemay be.

Section 7. Elements of prejudicial question.Prejudicial Question - that which arises in acase, the resolution of which is the logicalantecedent of the issue involved therein, and thecognizance of which pertains to another tribunal.It must be determinative of the case before thecourt but the jurisdiction to try and resolve the

question must be lodged in another court or

tribunal.

Rationale: to avoid two conflicting decisions.

ELEMENTS OF A PREJUDICIAL QUESTIONThe civil action must be instituted prior to thecriminal action.The civil action involves an issue similar orintimately related to the issue raised in the

criminal action.The resolution of such issue determineswhether or not the criminal action mayproceed.

WHERE TO FILE PETITION FOR SUSPENSION BYREASON OF PREJUDICIAL QUESTION

Office of the prosecutor; orcourt conducting the preliminary investigation;

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orcourt where the criminal action has been filedfor trial at any time before the prosecutionrests.

RULE 112PRELIMINARY INVESTIGATION

Section 1. Preliminary Investigation defined;when required.

Preliminary Investigation - is an inquiry orproceeding to determine whether there existssufficient ground to engender a well-founded

belief that a crime has been committed and thatthe respondent is probably guilty thereof, andshould be held for trial. (Sec. 1, Rule 112)

Preliminary Investigation is required to beconducted BEFORE the filing of a complaint orinformation for an offense where the penalty

prescribed by law is at least 4 years, 2 monthsand 1 day without regard to the fine.

There is NO right of preliminary investigationunder Section 7, Rule 112 when a person isLAWFULLY arrested unless there is a waiver of theprovisions of Article 125 of the Revised PenalCode.

HOWEVER, the accused can ask for PreliminaryInvestigation in the following cases:

if a person is arrested, he can ask forpreliminary investigation BEFORE the filing ofthe complaint/information BUT he must sign awaiver in accordance with Article 125, RPC.AFTER the filing of the information/complaint,the accused may, within 5 days from the timehe learns of its filing ask for preliminaryinvestigation.

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PURPOSESto determine whether a crime has beencommitted and whether there is probable causeto believe that the accused is guilty thereof;to preserve evidence and keep the witnesseswithin the control of the State;

to determine the amount of bail, if the offenseis bailable.

PRELIMINARY INVESTIGATION: PERSONALSTATUTORY RIGHTThe right to preliminary investigation is apersonal right covered by statute and may bewaived expressly or by implication.

Absence of preliminary investigation does notaffect the jurisdiction of the court or invalidatethe information if no objection was raised by theaccused.

REMEDIES OF THE ACCUSED IF THERE WAS NO

PRELIMINARY INVESTIGATIONRefuse to enter a plea upon arraignment andobject to further proceedings upon such ground

Insist on a preliminary investigationFile a certiorari, if refusedRaise lack of preliminary investigation as erroron appealFile for prohibition

As preliminary investigation is NOT a part of thetrial, the dismissal of the case by the investigatorwill not constitute double jeopardy and will not

bar the filing of another complaint for the sameoffense, but if re-filed, the accused is entitled toanother preliminary investigation (U.S. vs.Marfori, 35 Phil. 666).

Section 2. Officers authorized to conductpreliminary investigation.

PERSONS AUTHORIZED TO CONDUCT A

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PRELIMINARY INVESTIGATIONProvincial or city fiscal and their assistantsJudges of the MTC and MCTCNational and regional state prosecutorsSuch other officers as may be authorized by lawsuch as: the COMELEC, Ombudsman and PCGG

Section 3. Procedure

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If respondent cannot be subpoenaed, or ifsubpoenaed but does not submit his counter-affidavit within 10 days, investigating officer shallresolve the complaint based on the evidencepresented by the complainant.

RIGHTS OF RESPONDENT IN A PRELIMINARYINVESTIGATION

to submit counter-affidavitsto examine evidence submitted by thecomplainantto be present in the clarificatory hearing.

The Rules do not require the presence of therespondent in the Preliminary Investigation, whatis required is that he be given the opportunity to

controvert the evidence of the complainant bysubmitting counter-affidavits.

Section 6. When warrant of arrest may issueProbable Cause - presupposes a reasonableground for belief in the existence of factswarranting the proceedings complained of;

- an apparent state of facts foundto exist upon reasonable inquiry which would

1.2.

3.


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induce a reasonably intelligent and prudent manto believe that the accused person hadcommitted the crime charged.

If the judge finds probable cause, he shall issue awarrant of arrest, or a commitment order if the

accused had already been arrested and hold himfor trial. If the judge is satisfied that there is nonecessity for placing the accused under custody,he may issue summons instead of warrant ofarrest.

The RTC judge need NOT personally examine thecomplaint and witnesses in the determination ofprobable cause for the issuance of the warrant of

arrest. He is only required to:Personally evaluate the report and thesupporting documents submitted during the

preliminary investigation by the fiscal; andOn the basis thereof he may:

Dismiss;Issue warrant; orRequire further affidavits.

INSTANCES WHEN MTC MAY CONDUCTPRELIMINARY INVESTIGATION:

cases cognizable by the RTC may be filed withthe MTC for preliminary investigation;cases cognizable by the MTC because it is anoffense where the penalty prescribed by law isat least four (4) years, two (2) months and one(1) day without regard to the fine.

& In either situation, the MTC is authorized to

issue a warrant of arrest if there is necessity ofplacing the respondent under immediate custody,in order not to frustrate the ends of justice.

CONDITIONS BEFORE THE INVESTIGATINGMUNICIPAL TRIAL JUDGE CAN ISSUE A WARRANTOF ARREST (Herrera, p. 282)

Have examined in writing and under oath thecomplainant and his witnesses by searching

1.

2.a)

b)

c)

1.

2.

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questions and answers; searching questions andanswers such questions as may have thetendency to show the commission of the crimeand the perpetrator thereof;Be satisfied that a probable cause exists; andThat there is a need to place the respondent

under immediate custody in order not tofrustrate the ends of justice.

& If the MTC judge found probable cause but didnot believe that the aforesaid conditions weremet, he cannot be compelled by mandamus toissue the same.

REMEDY: The provincial fiscal, if he believes that

the accused should be immediately placed incustody, may file the corresponding information

so that the RTC may issue the necessary warrantof arrest (Samulde vs. Salvani, Jr., G.R. No.78606, Sept. 26, 1988).

While the judge may rely on the fiscalscertification thereof, the same is NOT conclusiveon him as the issuance of said warrant calls for

the exercise of judicial discretion and, for thatpurpose, the judge may require the submission ofaffidavits of witnesses to aid him in arriving atthe proper conclusion, OR he may require thefiscal to conduct further preliminary investigationor reinvestigation.

INSTANCES WHEN WARRANT OF ARREST NOTNECESSARY

if the accused is already under detention;if the complaint or information was filed afterthe accused was lawfully arrested withoutwarrant;if the offense is punishable by fine only.

Section 7. When accused lawfully arrestedwithout warrant.

2.3.

1.2.

3.


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TWO SITUATIONS CONTEMPLATED UNDER THISRULE:

When a person is lawfully arrested without awarrant for an offense requiring a preliminaryinvestigation (sec. 1, Rule 112) and nocomplaint or information has yet been filed, he

may ask for a preliminary investigation bysigning a waiver of the provisions of Art. 125 ofthe RPC in the presence of his counsel.When the complaint or information was filedwithout preliminary investigation, the accusedmay, within 5 days from the time he learns ofthe filing of the information, ask for apreliminary investigation with the same right toadduce evidence in his favor in the manner

prescribed in this Rule.

The 5-day period is MANDATORY, failure to filethe motion within the said period amounts towaiver of the right to ask for preliminaryinvestigation.

Where the information was amended without anew preliminary investigation having been

conducted, the 5-day period is computed fromthe time the accused learns of the filing of saidamended information.Where the trial court has granted a motion forreinvestigation, it must hold in abeyance thearraignment and trial ofthethe accused until the prosecutor shall haveconducted and made a report on the result of

such reinvestigation.

The right to bail pending Preliminary Investigationunder Section 7, Rule 112, a person lawfullyarrested may post bail before the filing of theinformation or even after its filing withoutwaiving his right to preliminary investigation,provided that he asks for a preliminaryinvestigation by the proper officer within the

1.

2.


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period fixed in the said rule (People vs. Court ofAppeals, May 29, 1995).

Section 8. Records

Records of the preliminary investigation shall NOT

automatically form part of the records of thecase. Courts are not compelled to take judicialnotice thereof. It must be introduced as anevidence.

Section 9. Cases not requiring a preliminaryinvestigation nor covered by the Rule onSummary Procedure.

PROCEDURE TO BE FOLLOWED IN CASES WHICHDO NOT REQUIRE PRELIMINARY INVESTIGATION

Evaluate the evidence presentedConduct searching questions or answersRequire the submission of additional evidence

& For cases under the Revised Rules on SummaryProcedure, no warrant shall be issued except

where the accused fails to appear after beingsummoned.

If the complaint is filed with the prosecutorinvolving an offense punishable by imprisonmentof less than 4 years, 2 months and 1 day, theprocedure in Rule 112, Section 3 (a) shall beobserved.

If the complaint is filed with the MTC, the sameprocedure under Rule 112, Section 3 (a) shall beobserved.

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RULE 113ARREST

Section 1. Definition of arrest.

Arrest the taking of a person into custody in

order that he may be bound to answer for thecommission of an offense (Sec. 1 Rule 113).

Modes of Arrestarrest by virtue of a warrantarrest without a warrant under exceptionalcircumstances as may be provided by statute(Sec. 5, Rule 113).

ESSENTIAL REQUISITES OF A VALID WARRANT OFARRESTIt must be issued upon probable cause whichmust be determined personally by a judge after

examination under oath or affirmation of thecomplainant and the witnesses he may produceThe warrant must particularly describe theperson to be seized

A warrant of arrest has NO expiry date. It remainsvalid until arrest is effected or warrant is lifted.

REMEDY FOR WARRANTS IMPROPERLY ISSUEDWhere a warrant of arrest was improperly issued,the proper remedy is a petition to quash it, NOT apetition for habeas corpus, since the court in thelatter case may only order his release but notenjoin the further prosecution or the preliminary

examination of the accused (Alimpoos vs. Courtof Appeals, 106 SCRA 159).

Posting of bail does not bar one from questioningillegal arrest (Section 26, Rule 114, Rules ofCourt).

Section 2. Arrest; how made.

1.2.

1.

2.


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MODES OF EFFECTING ARRESTBy an actual restraint of the person to bearrested.By his submission to the custody of the personmaking the arrest.

Upon arrest, the following may be confiscatedfrom the person arrested:Objects subject of the offense or used orintended to be used in the commission of thecrime;Objects which are the fruits of the crime;Those which might be used by the arrestedperson to commit violence or to escape;Dangerous weapons and those which may be

used as evidence in the case.Section 5. Arrest without warrant; when lawful

LAWFUL WARRANTLESS ARRESTWhen, IN HIS PRESENCE, the person to bearrested has committed, is actuallycommitting, or is attempting to commit anoffense (in flagrante delicto arrests);

When an offense has in fact just beencommitted, and he has probable cause tobelieve based on PERSONAL KNOWLEDGE of factand circumstance that the person to bearrested has committed it; (Doctrine of HotPursuit)When the person to be arrested is a prisonerwho has escaped from a penal establishment orplace where he is serving final judgment or

temporarily confined while his case is pending,or has escaped while being transferred fromone confinement to another.Where a person who has been lawfully arrestedescapes or is rescued (Sec. 13, Rule 113);By the bondsman for the purpose ofsurrendering the accused (Sec. 23, Rule 114);andWhere the accused attempts to leave the

1.

2.

1.

2.3.

4.

1.

2.

3.

4.

5.

6.


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country without permission of the court (Sec.23, Rule 114).

If the arrest was effected without warrant, thearresting officer must comply with the provisionsof Art. 125 of the RPC, otherwise, he may be heldcriminally liable for arbitrary detention under

Article 124 of the RPC.

RULES ON ILLEGALITY OF ARRESTAn accused who enters his plea of NOT guiltyand participates in the trial waives theillegality of the arrest. Objection to theillegality must be raised before arraignment,otherwise it is deemed waived, as the accused,in this case, has voluntarily submitted himself

to the jurisdiction of the court.Illegality of warrantless arrest maybe cured by

filing of an information in court and thesubsequent issuance by the judge of a warrantof arrest.Once a person has been duly charged in court,he may no longer question his detention bypetition for habeas corpus, his remedy is toquash the information and/or the warrant of

arrest.

Section 6. Time of making arrest.

Unlike a search warrant which must be servedonly in daytime, an arrest may be made on anyday and at any time of the day or night, even on aSunday. This is justified by the necessity ofpreserving the public peace.

Section 7. Method of arrest of officer by virtueof warrant.

Under this rule, an arrest may be made even ifthe police officer is not in possession of thewarrant of arrest (Mallari vs. Court of Appeals,265 SCRA 456). Exhibition of the warrant prior tothe arrest is not necessary. However, if after the

1.

2.

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arrest, the person arrested so requires, thewarrant shall be shown to him as soon aspracticable.

Section 8. Method of arrest by officer withoutwarrant.

Section 9. Method of arrest by private person.

Citizens arrest - arrest effected by a privateperson.

Method ofarrest

Exceptionto the ruleon giving

information

Sec. 7

The officershall inform

the person tobe arrestedthe cause of

the arrest andthe fact thatthe warrant

has beenissued for his

arrest.

Note: Theofficer neednot have thewarrant in hispossession at

the time ofthe arrest BUTmust show thesame after thearrest, if thepersonarrested sorequires.

when theperson tobearrestedflees;when heforciblyresistsbefore theofficer hasanopportunity toinformhim; and

when the

giving ofsuchinformation willimperilthearrest.

Sec. 8

The officershall inform

the person tobe arrested ofhis authorityand the causeof the arrest

w/out awarrant

when theperson tobearrested isengagedin thecommission of anoffense oris pursuedimmediately itscommission;when hehasescaped,flees, orforciblyresistsbefore theofficer hasanopportunity to soinformhim; and

1.

2.

3.

1.

2.


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when thegiving ofsuchinformation willimperilthearrest.

Sec. 9

The privateperson shallinform the

person to be

arrested ofthe intentionto arrest him

and the causeof the arrest.

Note: Privateperson mustdeliver thearrestedperson to thenearest policestation or jail,otherwise, hemay be heldcriminallyliable forillegal

detention.

when theperson tobearrested is

engagedin thecommission of anoffense oris pursuedimmediately itscommission;when hehasescaped,flees, orforciblyresistsbefore theofficer has

anopportunity to soinformhim; andwhen thegiving ofsuchinformation willimperilthearrest.

Section 10. Officer may summon assistance.

Only an officer making the arrest is governed bythe rule. It does not cover a private individualmaking an arrest.

Section 11. Right of officer to break intobuilding or enclosure.

Requisites before an officer can break into abuilding or enclosure to make an arrest:

That the person to be arrested is or isreasonably believed to be in said building;That he has announced his authority andpurpose for entering therein;That he has requested and been deniedadmittance.

Generally, a lawful arrest may be made

3.

1.

2.

3.

1.

2.

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anywhere, even on private property or in a house.This rule is applicable both where the arrest isunder a warrant, and where there is validwarrantless arrest.

Section 12. Right to break out of the building or

enclosure to effect release.

A private person making an arrest CANNOT breakin or out of a building or enclosure because onlyofficers are allowed by law to do so.

Section 13. Arrest after escape or rescue.

Where a person lawfully arrested escapes or isrescued, any person may immediately pursue orretake him without a warrant at any time and inany place within the country. The pursuit must beimmediate.

Section 14. Right of Attorney or relative to visitperson arrested.

RA 7438 defined certain rights of personsarrested, detained, or under custodialinvestigation, with the penalties for violationsthereof.

RULE 114BAIL

Section 1. Bail defined.

Bail -- the security given for the release of aperson in custody of the law, furnished by him ora bondsman, conditioned upon his appearancebefore any court as required under the conditionsspecified by the rule (Sec. 1, Rule 114).


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& A person is in the custody of law when he hasbeen either arrested or otherwise deprived of hisfreedom or when he has voluntarily submittedhimself to the jurisdiction of the court bysurrendering to the proper authorities.

All persons, except those charged with offensespunishable by reclusion perpetua when evidenceof guilt is strong, shall, before conviction, bebailable by sufficient sureties, or be released onrecognizance as may be provided by law (Section13, Article III, 1987 Constitution).

Forms of bail:

corporate suretyproperty bondcash depositrecognizance

BAILBOND RECOGNIZANCE

An obligation underseal given by the

accused with one ormore sureties, and

made payable to theproper officer withthe condition to be

void uponperformance by theaccused of such actsas he may legally berequired to perform

an obligation ofrecord, entered intobefore some court or

magistrate dulyauthorized to take it,with the condition todo some particular

act;

Prosecution witnesses may also be required topost bail to ensure their appearance at the trialof the case where:

there is a substitution of information (Sec. 4,Rule110), andwhere the court believes that a materialwitness may not appear at the trial (Sec. 14,Rule 119).

Section 2. Conditions of the bail;requirements.

CONDITIONS OF BAILThe undertaking shall be effective upon

1.2.3.4.

1.

2.

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approval, and, unless cancelled, shall remain inforce at all stages of the case untilpromulgation of the judgment of the RTC,irrespective of whether the case was originallyfiled in or appealed to it;The accused shall appear before the proper

courts whenever so required by the court orthese Rules;The failure of the accused to appear at the trialwithout justification despite due notice shall bedeemed a waiver of his right to be presentthereat. In such case, the trial may proceed inabsentia;

The bondsman shall surrender the accused tocourt for execution of the final judgment.

No additional conditions can be imposed.

A detention prisoner who escaped waives his rightto cross-examination (Jimenez v. Nazareno).

By filing a fake bail bond, an appellant is deemedto have escaped from confinement during thependency of his appeal and in the normal course

of things, his appeal should be dismissed.

No release or transfer except on court order orbail.No person under detention by legal process shallbe released or transferred except upon order ofthe court or when he is admitted to bail (Sec. 3).

Section 4. Bail, a matter of right; exception.

When a matter of right:

before or after conviction in the lower courts;ANDbefore conviction by the RTC, EXCEPT when theimposable penalty is death, reclusion perpetuaor life imprisonment and evidence of guilt isstrong.

2.

3.

4.

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In instances where bail is a matter of right andthe bail to be granted is based on therecommendation of the prosecution as stated inthe information or complaint, a hearing is NOTnecessary.

But where, however, there is a reduction of bailas recommended or after conviction by the RTCof an offense not punishable by death, reclusionperpetua, or life imprisonment wherein the grantof bail is discretionary, there must be a hearingbefore a bail is granted in order to afford the

prosecution the chance to oppose it (Bangayan vs.Butacan, 345 SCRA 301).

The prosecution cannot adduce evidence for thedenial of bail where it is a matter of right.However, where the grant of bail is discretionary,the prosecution may show proof to deny the bail.

An extraditee is not entitled to bail. TheConstitutional provision on Bail as well as Sec. 4of Rule 114 applies only when a person has been

arrested and detained for violation of PhilippineCriminal laws. It does not apply to extraditionproceedings because extradition courts do notrender judgments of conviction or acquittal(Govt. of US vs. Judge Purganan, Sept. 24, 2002).

Section 5. Bail, when discretionary.

RULES ON AVAILABILITY OF BAIL

Regardless of stage of the criminal prosecution,no bail shall be allowed if the accused ischarged with a capital offense or an offensepunishable by reclusion perpetua AND theevidence of guilt is strong (Sec. 7);Before and after conviction by the MTC,Municipal Trial Court or MCTC, bail is a matterof right (Sec.4).Before conviction by the RTC whether in the

1.

2.

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exercise of its original or appellate jurisdiction,bail is a matter of right. (Sec.4)Upon conviction by the RTC of an offense notpunishable by death, reclusion perpetua or lifeimprisonment, admission to bail is discretionary(Sec. 5);

After conviction by the RTC wherein a penaltyof imprisonment exceeding 6 but not more than20 years is imposed, and not one of thecircumstances below is present and proved, bailis a matter of discretion (Sec.5).

Recidivism, quasi-recidivism or habitual

delinquency or commission of crimeaggravated by the circumstances ofreiteration.

Previous escape from legal confinement,evasion of sentence or violation of theconditions of bail without valid justification.Commission of the offense while onprobation, parole or under conditionalpardonCircumstance of the accused or his caseindicates the probability of flight if releasedon bail

Undue risk of commission of another crime bythe accused during pendency of appeal.

After conviction by the RTC imposing a penaltyof imprisonment exceeding 6 years but notmore than 20 years and any of thecircumstance enumerated above and othersimilar circumstance is present and proved, nobail shall be granted (Sec.5);After judgment has become final unless

accused applied for probation beforecommencing to serve sentence of penalty andoffense within purview of probation law (Sec.24).

Section 6. Capital Offense, defined.

Capital Offense is an offense which, under thelaw existing at the time of its commission AND at

4.

5.

a)

b)

c)

d)

e)

6.

7.


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the time of the application to be admitted tobail, may be punished with death.

If the law at the time of commission does notimpose the death penalty, the subsequentamendment of the law increasing the penalty

cannot apply to the case, otherwise it would beex post facto, and penalties are determined bythe law at the time of the commission of theoffense.

If the law at the time of the application for bailhas amended the prior law which imposed thedeath penalty by reducing such penalty, suchfavorable law generally has a retroactive effect.

Section 7. Capital Offense not bailable.

Capital offense or those punishable by reclusionperpetua, life imprisonment or death are NOTBAILABLE when evidence of guilt is strong.EXCEPTION: If the accused charged with a capitaloffense is a minor.

Section 8. Burden of proof in bail application.

The hearing should be summary or otherwise inthe discretion of the court but the right of theprosecution to control the quantum of evidenceand the order of presentation of witnesses mustbe equated with the purpose of the hearing todetermine the bailability of the accused.

The burden of proving that the evidence of guiltis strong lies within the fence of the prosecution.(Comia vs. Antona, 337 SCRA 656)

Evidence of guilt is strong when proof is evidentor the presumption of guilt is strong. The test isNOT whether the evidence establishes guiltbeyond reasonable doubt but rather whether itshows


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shows evident guilt or a great presumption ofguilt.

Section 9. Amount of bail; guidelines.FACTORS TO BE CONSIDERED IN FIXING THEREASONABLE AMOUNT OF BAIL (NOT EXCLUSIVE)

Financial ability of the accused to give bail;

Nature and circumstances of the offense;Penalty for the offense charged;Character and reputation of the accused;Age and health of the accused;Weight of evidence against the accused;

Probability of the accused appearing at thetrial;Forfeiture of other bail;The fact that the accused was a fugitive fromjustice when arrested; andPendency of other cases when the accused is onbail

Bail must not be in a prohibitory amount.Excessive bail is not to be required for the

purpose of preventing the accused from beingadmitted to bail.

Section 11. Property, how posted.

Property Bond is an undertaking constituted asa lien on the real property given as security forthe amount of the bail (sec11);

It is required that the annotation of a lien on theland records of the property posted as bail,otherwise the property bail bond shall becancelled.

Section 12. Qualifications of sureties inproperty bond.Philippine residency is required of a propertybondsman. The reason for this is that bondsmen

1.

2.3.4.5.6.

7.

8.9.

10.


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in criminal cases, residing outside of thePhilippines, are not within the reach of theprocesses of its courts (Villaseor vs. Abano, 21SCRA 312).

Section 13. Justification of sureties.

The purpose of the rule requiring the affidavit ofqualification by the surety before the judge, is toenable the latter to determine whether or not thesurety possesses the qualification to act as such,especially his financial worth.

The justification being under oath, any falsityintroduced thereto by the surety upon a matter ofsignificance would render him liable for perjury.

Section 14. Deposit of cash as bail.

EFFECT OF DEPOSITING CASH AS BAILAccused shall be discharged from custody as it isconsidered as bail.

Section 15. Recognizance

Recognizance - an obligation of record, enteredinto before some court or officer authorized totake it with a condition to do some particular actand the accused is often allowed to obligatehimself to answer the charge.

Section 16. Bail when not required; reducedbail on recognizance.

Instances wherein the accused may be releasedon recognizance, without putting bail or onreduced bail:

CAN BE1. Offense charged is

violation of an


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WITHOUTBAIL

ordinance, lightfelony or a criminaloffense, theimposable penaltywherefore does notexceed 6 months ofimprisonment and/orfine of P 2,000 underR.A.6036.

Where the accused

has applied forprobation and

before the samehas been resolved

but no bail was filedor the accused is

incapable of filingone, in which casehe may be releasedon recognizance

3. In case of a

youthful offenderheld for physical ormental examination,trial or appeal, ifunable to furnish bailand under thecircumstances underPD 603, as amended

ON REDUCEDBAIL OR ONHIS OWNRECOGNIZANCE

A person in custody for aperiod equal to or morethan the minimum of theprincipal penaltyprescribed for theoffense charged, withoutapplication of theindeterminate sentencelaw or any modifyingcircumstance shall bereleased on reduced bailor on his ownrecognizance.

UNDER THEREVISED

RULES ONSUMMARYPROCEDURE

General Rule: no bailException:1. When a warrant ofarrest is issued for

failure to appear whenrequired by the court2. When the accused

- is a recidivist;- is a fugitive fromjustice;

- is charged withphysical injuries

- does not reside inthe place where theviolation of the law orordinance iscommitted; or

-has not reside in theplace where theviolation of the law orordinance iscommitted; or

-has no known

residence

Section 17. Bail, where filed.

May be filed with the court where the case ispending, or in the absence or unavailability ofthe judge thereof, with another branch of thesame court within the province or city.Whenever the grant of bail is a matter ofdiscretion, or the accused seeks to be released

2.

1.

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on recognizance,the application therefor may be filed only inthe particular court where the case is pending,whether for preliminary investigation, trial orappeal.Any person in custody who is not yet charged in

court may apply for bail with any court in the

province, city or municipality where he is held.

Section 18. Notice of application to prosecutor.Such notice is necessary because the burden ofproving that the evidence of guilt is strong is onthe prosecution and that the discretion of thecourt in admitting the accused to bail can only beexercised after the fiscal has been heardregarding the nature of the evidence in hispossession. (People vs. Raba, 130 Phil. 384)

Section 19. Release on bail.

Once the accused has been admitted to bail, h isentitled to immediate release from custody. Anofficer who fails or refuses to release him fromdetention notwithstanding the approval by theproper court of his bailbond, may be held liableunder Article 126 of the Revised Penal Code fordelaying release.

Section 20. Increase or reduction of bail.

The guidelines provided for in Section 9, Rule114, in fixing the amount of bail are alsoapplicable in reducing or increasing the bail

previously fixed.

Where the offense is bailable as a matter of right,the mere probability that the accused willescape, or even if he had previously escapedwhile under detention, does not deprive him ofhis right to bail. The remedy is to increase theamount of the bail, provided such amount would

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4.


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not be excessive. (Sy Guan vs. Amparo, 79 Phil.670)

Section 21. Forfeiture of bail.

Within 30 days from the failure of the accused to

appear in person as required, the bondsmenmust:

PRODUCE the body of their principal or givethe reason for his non-production; ANDEXPLAIN why the accused did not appearbefore the court when first required to do so.

The 30-day period granted to the bondsmen tocomply with the two requisites for the lifting of

the order of forfeiture cannot be shortened bythe court but may be extended for good causeshown..ORDER OF FORFEITURE VS. ORDER OFCONFISCATION

an ORDER OF FORFEITURE is conditional andinterlocutory, there being something more tobe done such as the production of the accused

within 30 days as provided by the rules an orderof forfeiture is not appealablean ORDER OF CONFISCATION is not independentof the order of the order of forfeiture. It is ajudgment ultimately determining the liability ofthe surety thereunder, and therefore final andexecution may issue at once.

Section 22. Cancellation of bailbond.

INSTANCES WHEN BAIL BOND CAN BECANCELLED

upon application by the bondsman with noticeto the fiscal and upon surrender of the accused;andupon proof that the accused died.

The bail bond is automatically cancelled upon the

a.

b.

1.

2.

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acquittal of the accused or dismissal of the caseor execution of the final order of conviction,without prejudice to any liability on the bondincurred prior to their discharge.

METHODS BY WHICH SURETIES MAY RELIEVE

THEMSELVES FROM RESPONSIBILITIESArrest the principal and deliver him to theproper authorities;They may cause his arrest to be made by anypolice officer or other person of suitable ageor discretion; orBy endorsing the authority to arrest upon acertified copy of the undertaking anddelivering it to such officer or person

Section 23. Arrest of accused out on bail.

An accused released on bail may be re-arrestedwithout a warrant if he attempts to depart fromthe Philippines without prior permission of thecourt where the case is pending.

Section 24. No bail after final judgment;

exception.

GENERAL RULE: The finality of the judgmentterminates the criminal proceeding. Bail becomesof no avail. The judgment contemplated is ajudgment of conviction. The judgment is final ifthe accused does not appeal the conviction.

No bail shall be granted after judgment, if the

case has become final even if continuedconfinement of the accused would be detrimentalor dangerous to his health. The remedy would beto submit him to medical treatment orhospitalization.

EXCEPTION: If the accused applies for probation

a.

b.

c.


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he may be allowed temporary liberty under hisexisting bail bond, or if no bail was filed, or isincapable of filing one, he may be released onrecognizance to the custody of a responsiblemember of the community

The application for probation must be filed withinthe period of perfecting an appeal. Such filingoperates as a waiver of the right to appeal. Theaccused in the meantime, is entitled to bereleased on bail or recognizance. (Sec. 4, PD 968,as amended)

Section 25. Court supervision of detainees.

The employment of physical, psychological ordegrading punishment against any prisoner ordetainee or the use of substandard or inadequatepenal facilities under subhuman conditions shallbe dealt with by law (Section 19(2), Article III,1987 Constitution).

Section 26. Bail not a bar to objection on illegalarrest, lack of or irregular preliminary

investigation.

AN APPLICATION FOR OR ADMISSION TO BAILSHALL NOT BAR THE ACCUSED

from challenging the validity of his arrest ORlegality of the warrant issued therefore, ORfrom assailing the regularity or questioningthe absence of preliminary investigation ofthe charge against him, PROVIDED, he raises

them before entering his plea.

a.b.c.


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RULE 115

RIGHTS OF THE ACCUSED

This rule enumerates the rights of a personaccused of an offense, which are bothconstitutional as well as statutory, save the right

to appeal, which is purely statutory in character.

SECTION 1. RIGHTS OF THE ACCUSED AT THETRIAL.

TO BE PRESUMED INNOCENT

In all criminal prosecutions, the accused ispresumed innocent until the contrary is provedbeyond reasonable doubt.

Reasonable Doubt is that doubt engendered byan investigation of the whole proof and aninability, after such investigation, to let the mindrest easy upon the certainty of guilt. Absolutecertainty of guilt is not demanded by the law toconvict of any criminal charge but moral certaintyis required, and this certainty is required as toevery proposition of proof requisite to constitute

the offense.

& Equipoise rule where the evidence of theparties in a criminal case are evenly balanced,the constitutional presumption of innocenceshould tilt in favor of the accused and must beacquitted.

TO BE INFORMED OF THE NATURE AND THE

CAUSE OF THE ACCUSATION AGAINST HIM.An accused cannot be convicted of an offenseunless it is clearly charged in the complaint orinformation. To convict him of an offense otherthan that charged in the complaint or informationwould be a violation of this constitutional right(People vs. Ortega, 276 SCRA 166).

When a person is charged in a complaint with a

.

.


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crime and the evidence does not show that he isguilty thereof, but does show that he is guilty ofsome other crime or a lesser offense, the courtmay sentence e him for the lesser offense,PROVIDED the lesser offense is a cognate offenseand is included in the complaint with the court.

TO BE PRESENT AND DEFEND IN PERSON ANDBY COUNSEL AT EVERY STAGE OF THEPROCEEDING

THE PRESENCE OF THE ACCUSED IS REQUIREDONLY

During arraignment (Sec. 1b, rule 116)Promulgation of judgment EXCEPT when theconviction is for a light offense, in which case,it may be pronounced in the presence of hiscounsel or a representativeWhen ordered by the court for purposes ofidentification

Not applicable in SC and CA - The law securing to

an accused person the right to be present atevery stage of the proceedings has no applicationto the proceedings before the Court of Appealsand the Supreme Court nor to the entry andpromulgation of their judgments The defendantneed not be present in court during the hearing ofthe appeal. (Sec. 9 Rule 124)

Accused may waive his right to be present during

the trial. HOWEVER, his presence may becompelled when he is to be identified. (Aquino,Jr. vs. Military Commission, 63 SCRA 546)

EFFECTS OF WAIVER OF THE RIGHT TO APPEARBY THE ACCUSED

waiver of the right to present evidence;prosecution can present evidence if accusedfails to appear;

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the court can decide without accusedsevidence.

TRIAL IN ABSENTIAIt is important to state that the provision of theConstitution authorizing the trial in absentia of

the accused in case of his non-appearance AFTERARRAIGNMENT despite due notice simply meansthat he thereby waives his right to meet thewitnesses face to face among others.

Such waiver of a right of the accused does notmean a release of the accused from his obligationunder the bond to appear in court whenever sorequired. The accused may waive his right but not

his duty or obligation to the court.

REQUIREMENTS FOR TRIAL IN ABSENTIAaccused has been arraignedhe has been duly notified of the trialhis failure to appear is unjustified

An escapee who has been duly tried in absentiawaives his right to present evidence on his own

behalf and to confront and cross-examinewitnesses who testified against him. (Gimenez vs.Nazareno, 160 SCRA 1)

RIGHT TO COUNSELThe right covers the period beginning fromcustodial investigation, well into the rendition ofthe judgment and even on appeal. (People vs.Serzo, Jr., 274 SCRA 553)

If during the investigation the assisting lawyerleft, or come and go, the statement signed by theaccused is still inadmissible because the lawyershould assist his client from the time theconfessant answers the first question asked by theinvestigating officer until the signing of theextrajudicial confession. (People vs. Morial, 363SCRA 96)

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& The right to counsel and the right to remainsilent do not cease even after a criminalcomplaint/information has already been filedagainst the accused, AS LONG AS he is still incustody.

The duty of the court to appoint a counsel deoficio when the accused has no legal counsel of

choice and desires to employ the services of oneis MANDATORY only at the time of arraignment.(Sec. 6 Rule 116)

TO TESTIFY AS WITNESS IN HIS OWN BEHALFA denial of the defendants right to testify in his

behalf would constitute an unjustifiable violationof his constitutional right. (People vs. Santiago,46 Phil. 734)

If the accused testifies, he may be cross-examined but ONLY on matters covered by hisdirect examination, unlike an ordinary witnesswho can be cross-examined as to any matterstated in the direct examination or connected

therewith (Section 6, Rule 132). His failure totestify is not taken against him but failure toproduce evidence in his behalf is consideredagainst him (U.S. vs. Bay, 97 Phil. 495).

RIGHT AGAINST SELF-INCRIMINATIONThe accused is protected under this rule fromquestions which tend to incriminate him, that is,which may subject him to penal liability.

The right may be waived by the failure of theaccused to invoke the privilege at the propertime, that is, AFTER the incriminating question isasked and before his answer;

The privilege of the accused to be exempt fromtestifying as a witness involves a prohibitionagainst testimonial compulsion only and the

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production by the accused of incriminatingdocuments, and articles demanded from him.(U.S. vs. Tan Teng, 23 Phil. 145)

EXCEPTIONS: immunity statutes such as:RA 1379 Forfeiture of Illegally obtained

wealthRA 749 Bribery and Graft cases

RIGHT OF THE ACCUSED AGAINST SELF-INCRIMINATION VS. RIGHT OF THAT OF ANORDINARY WITNESSThe ordinary witness may be compelled to takethe witness stand and claim the privilege as eachquestion requiring an incriminating answer is shot

at him, an accused may altogether refuse to takethe witness stand and refuse to answer any andall questions.

RIGHT TO CONFRONT AND CROSS- EXAMINETHE WITNESSES AGAINST HIM AT TRIAL

Confrontation is the act of setting a witness face-to-face with the accused so that the latter may

make any objection he has to the witness, andthe witness may identify the accused, and thismust take place in the presence of the courthaving jurisdiction to permit the privilege ofcross-examination.

The main purpose of the right to confrontation isto secure the opportunity of cross-examinationand the secondary purpose is to enable the judge

to observe the demeanor of witnesses.

In any criminal proceeding, the defendant enjoysthe right to have compulsory process to securethe attendance of witnesses and the productionof evidence in his behalf.

RIGHT TO SPEEDY, IMPARTIAL AND PUBLICTRIAL

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The right to a speedy trial is intended to avoidoppression and to prevent delay by imposing onthe courts and on the prosecution an obligation toproceed with reasonable dispatch.

The courts, in determining whether the right of

the accused to a speedy trial has been denied,should consider such facts as the length of thedelay, the accuseds assertion or non-assertion ofhis right, and the prejudice to the accusedresulting from the delay.

There is NO violation of the right where the delayis imputable to the accused. (Solis vs. Agloro, 64SCRA 370)

REMEDIES AVAILABLE TO THE ACCUSED WHENHIS RIGHT TO A SPEEDY TRIAL IS VIOLATED

He should ask for the trial of the case not forthe dismissal;Unreasonable delay of the trial of a criminalcase as to make the detention of defendantillegal gives ground for habeas corpus as aremedy for obtaining release so as to avoid

detention for a reasonable period of timeAccused would be entitled to relief in amandamus proceeding to compel the dismissalof the information.

IMPARTIAL TRIALDue process of law requires a hearing before animpartial and disinterested tribunal, and thatevery litigant is entitled to nothing less than the

cold neutrality of an impartial judge. (Mateo, Jr.vs. Villaluz, 50 SCRA 180)

Public trial one held openly or publicly; it issufficient that the relatives and friends who wantto watch the proceedings are given theopportunity to witness the proceedings.

EXCLUSION OF THE PUBLIC IS VALID WHEN:

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evidence to be produced is offensive todecency or public morals;upon motion of the accused; (Sec. 21, Rule119)

RULE ON TRIAL BY PUBLICITY

The right of the accused to a fair trial is notincompatible to a free press. Pervasive publicityis not per se as prejudicial to the right to a fairtrial. To warrant a finding of prejudicial publicity,there must be allegations and proof that thejudges have been unduly influenced, not simplythat they might be, by the barrage of publicity.(People vs. Teehankee, 249 SCRA 54)

I. RIGHT TO APPEAL ON ALL CASES ALLOWEDBY LAW AND IN THE MANNER PRESCRIBED BYLAW.The right to appeal from a judgment of convictionis fundamentally of statutory origin. It is not amatter of absolute right, independently ofconstitutional or statutory provisions allowingsuch appeal.

WAIVER OF THE RIGHT TO APPEALThe right to appeal is personal to the accused andsimilarly to other rights of kindred nature, it maybe waived either expressly or by implication.HOWEVER, where death penalty is imposed, suchright cannot be waived as the review of thejudgment by the COURT OF APPEALS is automaticand mandatory (A.M. NO. 00-5-03-SC).

THE SPEEDY TRIAL ACT OF 1998

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(RA 8493)

DUTY OF THE COURT AFTER ARRAIGNMENT OFAN ACCUSEDCourt SHALL order a pre-trial conference toconsider the following:

plea bargaining;stipulation of facts;marking for identification of evidence ofparties;waiver of objections to admissibility ofevidence; and

such other matter as will promote a fair andexpeditious trial;

TIME LIMIT FOR THE TRIAL OF CRIMINAL CASES:SHALL NOT EXCEED 180 days from the first day oftrial, HOWEVER, this rule is NOT ABSOLUTE, forthe law provides for the following EXCEPTIONS:

those governed by the Rules on SummaryProcedure; orwhere the penalty prescribed by law DOESNOT EXCEED 6 months imprisonment or a fineof P1,000 or both;

those authorized by the Chief Justice of theSC;

PERIOD FOR ARRAIGNMENT OF THE ACCUSEDWithin 30 days from the filing of the information,or from the date the accused appealed before thejustice/judge/court in which the charge ispending, whichever date last occurs.

WHEN SHALL TRIAL COMMENCE AFTERARRAIGNMENTWithin 30 days from arraignment, HOWEVER, itmay be extended BUT only:

for 180 days for the first 12 calendar monthperiod from the effectivity of the law;

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120 days for the second 12 month period; and80 days for the third 12 month period.

RULE 116ARRAIGNMENT AND PLEA

Section 1. Arraignment and plea; how made.

Arraignment the formal mode of implementingthe constitutional right of the accused to be

informed of the nature of the accusation againsthim.

WHERE AND HOW MADE:

Before the court where the complaint orinformation has been filed or assigned fortrial;in open court, by the judge or clerk byfurnishing the accused a copy of thecomplaint or information with the list of thewitnesses, reading it in a language or dialectknown to him and asking him of his plea;

RULES:Trial in absentia is allowed only AFTERarraignment;Judgment is generally void if the accused hasnot been arraigned;There can be no arraignment in absentia(accused must personally enter his plea);if the accused went to trial withoutarraignment, but his counsel had the

opportunity to cross-examine the witness ofthe prosecution and after the prosecution hewas arraigned the defect was cured;

If an information is amended MATERIALLY,arraignment on the amended information isMANDATORY, except if the amendment is only as

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to form;

Plea the matter which the accused, on hisarraignment, alleges in answer to the chargeagainst him.

PERIOD TO PLEAWhen the accused is under preventive detention:his case shall be raffled and its recordstransmitted to the judge to whom the case was

raffled within 3 days from the filing of theinformation or complaint and the accusedarraigned within 10 days from the date of theraffle. The pre-trial conference of his case shallbe held within 10 days after arraignment.

When the accused is NOT under preventivedetention: unless a shorter period is provided byspecial law or Supreme Court circular, thearraignment shall be held within 30 days from thedate the court acquires jurisdiction over theperson of the accused. The time of the pendencyof a motion to quash, or for bill of particulars, orother causes justifying suspension of the

arraignment, shall be excluded in computing theperiod.

WHEN SHOULD A PLEA OF NOT GUILTY BEENTERED

when the accused so pleadedwhen he refuses to pleadwhere in admitting the act charged, he sets

up matters of defense or with lawful

justificationwhen he enters a conditional plea of guiltwhere, after a plea of guilt, he introduces

evidence of self-defense or otherexculpatory circumstanceswhen the plea is indefinite or ambiguous

An unconditional plea of guilt admits of the crimeand all the attendant circumstances alleged inthe information including the allegations of

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conspiracy and warrants of judgment ofconviction without need of further evidenceEXCEPT: (CAI DN)

Where the plea of guilty was compelledby violence or intimidation.When the accused did not fully

understand the meaning andconsequences of his plea.Where the information is insufficient to

sustain conviction of the offensecharged.Where the information does not chargean offense, any conviction thereunderbeing void.Where the court has no jurisdiction.

SECTION 2. PLEA OF GUILTY TO A LESSEROFFENSE.

An accused may enter a plea of guilty to a lesseroffense PROVIDED that there is consent of theoffended party and the prosecutor to the plea ofguilty to a lesser offense which is necessarilyincluded in the offense charged.

After arraignment but BEFORE trial, the accusedmay still be allowed to plead guilty to a lesseroffense after withdrawing his plea of not guilty.In this plea of guilty to a lesser offense, noamendment of the complaint or information isnecessary.

If the accused entered a plea to a lesser offense

WITHOUT the consent of the offended party andthe prosecutor AND he was convicted, hissubsequent conviction of the crime charged wouldNOT place him in Double Jeopardy.

SECTION 3. PLEA OF GUILTY TO CAPITALOFFENSE; RECEPTION OF EVIDENCE.

When the accused pleads guilty to a capital

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offense, the court shall:conduct a searching inquiry into thevoluntariness and full comprehension of theconsequences of his plea;require the prosecution to prove his guilt andthe precise degree of his culpability;

ask the accused if he desires to presentevidence in his behalf and allow him to do so

if he desires.

To constitute searching inquiry, the questioningmust focus on:

the voluntariness of the plea; andWhether the accused understood fully theconsequence of his plea.

Section 5. Withdrawal of improvident plea ofguilty.

Plea of Guilty an unconditional admission ofguilt, freely, voluntarily and made with fullknowledge of the consequences and meaning ofhis act and with a clear understanding of theprecise nature of the crime charged in the

complaint or information;

INSTANCES OF IMPROVIDENT PLEAplea of guilty was compelled by violence orintimidationthe accused did not fully understand themeaning and consequences of his pleainsufficient information to sustain convictionof the offense charged

information does not charge an offense, anyconviction thereunder being voidcourt has no jurisdiction

At any time before the judgment of convictionbecomes final, the court may permit animprovident plea of guilty to be withdrawn andbe substituted by a plea of not guilty.

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The withdrawal of a plea of guilty is not a matterof right to the accused but of sound discretion tothe trial court. (People vs. Lambrino, 103 Phil.504)

SECTION 6. DUTY OF THE COURT TO INFORMACCUSED OF HIS RIGHT TO COUNSEL.

DUTIES OF THE COURT WHEN THE ACCUSEDAPPEARS BEFORE IT WITHOUT COUNSEL

It must inform the defendant that it is hisright to have an attorney before beingarraigned;

After giving him such information, the courtmust ask him if he desires the aid of anattorney;If he desires and is unable to employ one, thecourt must assign an attorney de oficio todefend him; andIf the accused desires to procure an attorneyof his own, the court must grant himreasonable time therefor.

SECTION 7. APPOINTMENT OF COUNSEL DEOFICIO.

PURPOSETo secure to the accused, who is unable toengage the services of an attorney of his ownchoice, effective representation by making it

imperative on the part of the court to consider inthe appointment of counsel de oficio, the gravityof the offense and the difficulty of the questionslikely to arise in the case vis--vis the ability andexperience of the prospective appointee.

SECTION 8. TIME FOR COUNSEL DE OFICIO TOPREPARE FOR ARRAIGNMENT.

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As to what is reasonable time, it depends uponthe circumstances surrounding the case like thegravity of the offense, complexity of theallegations in the complaint or information,whether a motion to quash or a bill of particulars

has to be filed, and other similar considerations.

Section 9. Bill of particulars.

Accused may, AT or BEFORE arraignment, movefor a bill of particulars to enable him properly to

plead and to prepare for trial.

Just in civil cases, the bill of part

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