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CBIMINAT PBOGEI'UBE

(THE BAR LECTURES SERIES)


Updated Edition
BY
wn uano
g.far.Io
Bar Rcviewer in Remcdial Law, Comtnerci.ol Laut ond Ciuil Law
Author: Fundamentals of Civil Procedurc; Euidcrce,
(ARestatemcni
for
tlu Bar);
Ciuil Pruedure
(AResta,tement
for
the Bor);
Euid,ence
(The Bar l*ctures Serics)
Dean, Cotlege of Law, San Sebastian College Reaoletos-Monila
Mernber, Remedi,al Law
q,nd Comm.ercial Law Committees,
U.F. Law Center
Professor and, I*cturer, Philippine Judicial Academy,
Supretne Court of tlw PhiliPPines
2011
Philippine Copyright, 2011
by
DEDICATION
Nifra. . . Daddy. . . Mommy. . .
Nonong... Neneng...
ll lffi l!il| il ililtillililililtil I I til
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il[ilffiilil[ffi[[il
Printed by
n$
pnillilllq
c0lllPo]lq, i]lc.
Typography & Greatiye lithog]aphy
iii
84 P. Florntino St., Quezon City
Tel. No.857-77-77
WILI,ARD B. RIANO
tsB N 978-97 1 -23-61 58-6
No portion of this book may be copied or
reproduced in books, pamphlets, outlines or notes,
whether printed, mimeographed, typewritten, copied
in different electronic devices orin anyotherform, for
distribution or sale, without the written permission
ofthe author except briefpassages in books, articles,
reviews, legal papers, and
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or other official
proceedings with proper citation.
Any copy of this book without the correspond-
ing number and the signature of the author on this
page either proceeds from an illegitimate source or is
in possession of one who has no authority to dispose
of the same.
ALL RIGHTS RESERVED
BYTHEAUTHOR
N9 2447
Reprinted: June 2012
lsBN 97A-971 -23-61 5a-6
PREFACE
After this work was submitted for publication on January
6, 2011, materials became available which contained court
decisions worthy to be recommended for further readings.
Foremost of these cases is that of JudithYu u. Samson-Tatad
(G.R.
No. 170979, February 9, 2017), which ended previous
speculatiohs as to the applicability of the
"fresh-period" rule
to appeals in criminal cases. Hence, the need for an updated
edition.
This edition required the insertion of new case citations
within the main chapters as well as the discussion of more
ttcent Court rulings under the heading, Synopsis of Selected
Cases. The cases selected were those with facts not involved
ln those decisions treate{ in the original edition. The criminal
procedure aspects of the Rules of Procedure in Environmental
Cases were likewise added.
In the pnocess
of enhancing the current material,
tome paragraphs which could have possibly given rise to
misunderstandingwere deleted. Mere matters of opinion were
likewise taken out so as not to detract from the instructional
pur?ose of this material. Also, certain portions which are
matters of purely substantive law were expunged and only
thoee necessary to explain procedural concepts were retained.
Some paragraphs were likewise reworded for greater clarityin
the presentation of procedural principles. In some instances,
a{iustments to editorial oversights in the original edition
were effected.
It is worth reiterating that this work is written primarily
for the bar reviewee and the law student who need to be
adequately equipped with the
*core'
knowledge required to
hurdle the bar examinations. It is based on an empirically
anchored deep-seated philosophy that passing the bar
oxaminations roquiros u quick recall of tho law und the rulss.
Honco, topics in this work havo been troutod wlth emphasis
on the very substance of the Rulos of Court, a troatment
traditionally referred to by academicians as a,codal,approach.
While the framework of this material is mainly codal-
based, it is supported by cases which mirror, not only the
current position of the Supreme Court on vital issues in the
criminal litigation process but also by significant foreign cases
designed to aid the readerto understand a particular rule from
a parallel doctrinal perspective. Cases have been judiciously
selected to permit the reader to appreciate how the Supreme
Court grappled with and settled a wide range of issues arising
in the various stages of criminal procedure.
The scope of this book reveals its having no pretensions
of boing an exhaustive treatise on criminal procedure. Honest
efforts have been taken to strip it of materials which veer away
tlom whatis fundamental andbasic to allow a reasonablywide
wiggle room for the reader to focus on procedural principles
and concepts which have a fairly high probability of being
utilized by the examiner in the framing of bar questions.
As he goes through the various concepts of procedural
law, the student is reminded that the principles underlying
criminal procedure, like those of any other procedural rule,
are construed liberally to meet the demands ofjustice.
In our academic life we have always been beset by
questions on matters involving consistency in the application
of the rules. We have actually endeavored to show that there
are no inconsistencies, and in order to fully appreciate the
wisdom of Court decisions, the student must'be aware that
each case is decided in accordance with the facts and the
issues raised by the parties.
While our concern for the academic needs of our law
students supplied the motivation for us to start and complete
this work, the invaluable participation
of Atty. Ernes[o C.
Salao and Atty. Maria Theresa P. Cabayan in the publication
of this work is sincerely acknowledged for without their
tremendous encouragement, assistance, and editorial skills,
this material would not have seen the light of day.
Laetly, the bar candidate and the law etudent is asked to
cclnsider this work ae a humble recognition of their persever-
ance and their unwavering commitment to their future in the
legal profession.
}YILT"AND B. RIANO
Quezon
City
September L6,20LL
vlI
CONTENTS
Chapter I
PRELIMINARY CONSIDERATIONS
BASIC CONCEPTS
Concept of criminal procedure
Ttre adversarial or accusatorial system.....
Libei:al interpretation of the rules ..........
Due process; mandatory
A. Requisites for the Exercise of Criminal
Jurisdiction
Requisites.
Jurisdiction over the subject matter versus
jurisdiction
over the person of the accused.........
Jurisdiction over the territory; venue in criminal
cases (Bar
1997)..........
When a court has jurisdiction
to try offenses not
committed within its territorial jurisdiction.......
B. Criminal Jurisdiction Over the Subject Matter........
Jurisdiction over the subject matter.......
How jurisdiction
over the subject matter
is conferred
How jurisdiction
over the subject matter is
determined
Statute applicable to a criminal action......
Use of the imposable penalty
Principle of adherence of jurisdiction pr
contrprdng j
urisdiction
Disfissal on jurisdictional grounds; special
Raising the issue ofjurisdiction for the first
p.
Criminal Jurisdiction Over the
lerson
of The
Accused (Bar
2008).
1
2
3
3
4
4
4
5
6
10
10
11
L2
13
L4
L4
15
L6
vlll
l7
D. Injunction To Restrain Criminal Prosecution
(Bar 1999)
E. Mandamus to Compel Prosecution
(Bar 1999)..........
CRIMINAL ruRISDICTION OF COURTS
A. Criminal Jurisdiction of the Municipal Trial
Court, Municipal Circuit Trial Court,
and Metropolitan Trial Court
(MTC)
B. Criminal Jurisdiction of Regional Trial
Court
(RTC)
C. Criminal Jurisdiction of the Sandiganbayan
(P.D.
1606, R.A. 7975 and R.A. 8249)..................
Offenses subject to the
jurisdiction
of the
Sandiganbayan
(Bar 1997) .........
Officials and employees with a salary grade
of "2'1" or higher...
Officers falling below salary grade '27" .....................
SaIary grade alone does not determine
jurisdiction
of the Sandiganbayan.......................
A student regent ofa state university is a
public officer.........
Offenses committed in relation to the office..............
When the actual specific allegations of the
intimacy between the offense and the official
duties ofthe accused need not appear
in the information
Anti-Money Laundering cases .........
Forfeiture cases..........
Surnmary procedure in criminal cases .........
Prohibited pleadings, motions and petitions
in summary procedure (Bar 2004);
civil and criminal case............
SYNOPSIS OF THE CRIMINA], LITIGATION
PROCESS
Initial contact with the criminal
justice system
Filing of the information or complaint and other
processes...
Implied institution of the civil action
Availment of provisional remedies
Bail
Arraignment; bill of particulars; suspension of
19
20
Pre-trial....
Tlial; demurrer...
Judgment
Post-judgment remedies.................
Entry ofjudgment.................
Chapter ll
PROSEGUTION OF OFFENSES (RULE 110)
INSTITUTION OF CRIMINAL ACTIONS
Purpose of a criminal action.........
How criminal actions are instituted
(Bar 1999)..............
Institution of criminal actions in Manila
and other chartered cities..........
No direct filing in the Regional T?ial Court and
Metropolitan Trial Court of Manila and other
chartered cities..........
Effect of the institution of the criminal action on the
prescriptive period (Bar 1993).
Illustration of the above rules..........
Rule on prescription for violations of special laws
and municipal ordinances
PROSECUTION OF THE CRIMINAL ACTION
Who must prosecute the criminal action; who
controls the prosecution (Bar l-990; 2000)
Appearance of a private prosecutor.
Effect of filing of an independent civil action on the
right of the offended party to intervene in the
prosecution of the offense
Consequences of the rule that a criminal action is
prosecuted under the direction and control
of the public prosecutor
Prosecution of a criminal action in the Municipal
Trial Court or Municipal Circuit T?ial Court
Prosecution for violation of special laws...........
INTERVENTION OF TIIE OFFENDED PARTY
IN THE PROSECUTION OF THE CRIMINAL
ACTION
Intervention of the offended party..........
When a private prosecutor may prosecute a case
even in the absence ofthe public prosecutor.
51
52
53
53
54
II.
2L
23
24
28
29
30
33
34
34
38
40
40
40
42
55
55
56
56
59
67
68
68
69
57
57
II.
m.
m.
43
47
48
49
49
75
60
61
74
74
xl
76
ry. PROSECUTION OF "PRIVATE CRIMES"
rrjxr,ont, ot l,h() tul,h(,rity givon
kr tho prlvrrto
protocul,or
wlrotr tlul.y rrul,lrorizorl to prrxot:rrtu
l,hu rction
Prosecution of adultery and concubinage......
Prosecution ofseduction, abduction and acts
u. VUNUD 0F otilIvl.tNAl, AO'l'toN$
Rule whoro olfonso is comnril,l,ud ln a train, aircraf't
or vehicle
Rule where olfense is committed on board a vessel.........
Rule when the offense is covered by Art. 2 of the
Revised Penal Code........... 100
How to state the place of the commission
ofthe offense
100
VII. AMENDMENT OR SUBSITUTION OF THE
COMPI"AINT OR INFORMATION
Amendment of the information or complaint
before plea; no need for leave (Bar
2O0l;2002) ..._.... 100
When leave of court is required even if the amendment
is made before plea ........... 100
Rule as to amendment made after the plea
ofthe accused
101
When an amendment is formal or substantial
(Bar
1997).
101
Substitution of complaint or information (Bar
2002)...... LO4
Distinction between substitution and amendment
(Bar
1"994).
LO4
Chapter lll
pRosEcuTtoN
oF ctvtLAcTtoN (RULE 111)
Implied institution of the civil action with the
criminal action
lO7
Purposes of the criminal and civil actions....... 109
Judgment of conviction includes a judgment
on the
civil liability
109
Who the real parties in interest are in the civil aspect
of the case............
109
Eule applicable............
109
When a civil action may proceed independently;
independent civil actions and quasi-delicts
(Bar
2005).
109
Consequences of the independent character of actions
under Articles 32,33,34 and 2176 of tlne Civil Code....... 111
TVhen there is no implied institution of the civil action. ltz
Reservation ofthe civil action
11g
No reservation of the civil action in Batas
Pambansa Blg.22 (Bar
2001; 2002).......... 118
99
99
77
77
78
of lasciviousness
Effect of R.A. 7610 (Special protection
of Children
Against Child Abuse, Exploitation and
Discrimination Act).....
Prosecution of Defamation .............
V. THE COMPLAINT AND INFORMATION
Meaning of 'compIaint,.................
In whose name and against whom fiIed...........
Meaning of information, (Bar
lgg 4, lgg5, 1 996).............
Distinctions between a complaint and an
information (Bar
199g) .
Infirmity in signature in the information
Suffi ciency of the complaint or information .....................
Test for sufficiency of the complaint or information........
Questioning the insufficiency of the complaint
or information .............
Objections as to form
Date of the commission of the offense
Determination of the nature uoa
"fr.rr"i;;"
" " '
of the crime.........
How to state the name of the accused
How to state the name of the offended party who
is a natural person.....
How to state the name of the offended party which
is a juridical
person......
Rule if the name of the offended party is unknown
in offenses against property
Designation of the offense
Effect of failure to designate the offense by the statute
or failure to mention the provision violated..
Effect of failure to specify the correct crime..........
Statement of the qualifying and aggravating
circumstances (Bar
2001)..........
Cause of the accusation.
How to state the date of the commission
of the offense.......
Duplicity of the offense (Bar
200b)
78
79
79
80
80
8L
81
81
82
82
83
83
84
84
85
85
85
86
87
88
88
92
96
97
xlll
Whon tho nopuruto civil uction ir surpondod..,.,,.,..,,.,..
consolidation of tho civil ac[ion wiilr tho crirni.ul
'cilo'....... Suspension of the poriod of prescription..............
When no reservation is required; when civil
action is not suspended
Counterclaim, cross-claim, third-party claim in a
criminal action
!{""
on filing fees............
Effect ofdeath ofthe accused on the civil action
Novation: extinguishment of criminal liability. ........ ........ ....
Effect of acquittal or the extinction of the penal
action on the civil action or civil liability
!ff""t
of payment of the civil liability
Effect ofjudgment in the civil case absolving
the defendant ...............
Subsidiary liability of employer
Concept of a prejudicial question (Bar
lggg) .........
Reason for the principle....
Requisites for a prejudicial question (Bar
lggg)..........
Effect of the existence of a prejudicial question;
suspension of the criminal action
Whon proliminary'lnvostiga[ion
ir nul, roquirod evon
il'tho oll'onso is ono which nornrull.y ioquires
a preliminary
investigation............
Person arrestod lawfully without a warrant may ask
for a preliminary
investigation
Bail for a person lawfully arrested during the
preliminary investigation.................
Quostioning the absence of a preliminary investigation.........
Absence of preliminary investigation; effect on
be strictly followed.....
Initial steps in preliminary investigation; fiIing of the
-
complaint for preliminary investigatiorr.................
Diemissal of the complaint or issuance of a subpoena.............
Filing of counter-affidavit by the respondent; no motion
to dismiss..
Action to be taken if the respondent does not submit
jurisdiction
of the court..........
L6Z
Absence of preliminary
investigation; not a ground
_
for motion to quash....
L6Z
Inquest proceedings
1,62
Possible options ofthe inquest prosecutor.
168
The inquest must pertain to the offense for which
the arrest was made
164
Who may conduct preliminary investigation and determine
existence of probable cause.........
168
The procedure for preliminary
investigation must
L71
L74
175
L76
114
115
116
116
L77
118
1r.B
120
t20
124
L24
125
L25
L26
126
128
129
129
130
L57
158
159
160
-
(Bar
1995; 1999;2010)..........
Suspension does not include dismissal...
Where to file the petition for suspension.............
Case illustrations
Chapter lV
PRELIMINARY INVESTIGATION
Nature of preliminary investigation; purpose
-
(Bar
1985; 1986; 1991; 1998; 2OO4)..........
Nature of the right to a preliminary
investigation..................
lrght
to a preliminary
investigation; waivable....
Preliminar5r investigation vs. preliminary
examination
_
(preliminary
inquiry).................................
Probable cause in preliminary investigation..........
Kinds of determination of probable cause
Cases requiring a preliminary investigation;
when not
required (Bar
2004)
Procedure for cases not requiring a preliminary
investigation.................
Direct filing with the prosecutor .............
his counter-affidavit....
L76
Clarificatory hearing if
";;";;;q4
;;;i;il;i;;
"
examination................
777
Determination by the investigating officer
L77
Discretion of prosecutor in filing of a criminal
complaint or information (Bar
lggg).........
LTT
Resolution of investigating prosecutor;
certifi cation
__
of preliminary investigation.................
LTg
Effect of the absence of the iequired certification
(Bar
1998).
L7g
Forwarding ofthe records ofthe case for action; need
-
for approval before filing or dismissaI...................
I7g
Rule when recommendation
for dismissal is disapproved....... Llg
Motion for reconsideration
1g0
Appeals to the Secretary of Justice; filing a petition
for review..
1g0
Rules of Court provisions when resolution is reversed
or modified by the Secretary of Justice
1gg
r43
745
150
150
150
L52
L54
155
155
156
Direct filing with the Municipal Tyial Court
188
O urrtod iu l i nvoul,i gation
;
oxtrtu rr dod concept
Ponall;ios undtlr Il,.A. 74.98...
Effect of an illogul arresl, on
jurisdiction
oftho court
Effect of admission to bail on objections to an
illegal arrest
224
224
224
225
184
187
189
189
189
191
L92
r.96
Waiver of the illegality of the arrest; effect of
illegal arrest (Bar
2000; 2001)
Persons not subject to arrest
il. SEARCHES AND SEIZURES (RULE
126)
Nature of search warrant (Bar
1g94)
The Constitutional provision
Arrest distinguished from search and seizure
Definition of a search warrant under the Rules
Application for a search warrant; where to fi1e................
Search warrants involving heinous crimes
and others.
ZBI
Ex parte application for a search warrant.....
2gB
Property subject ofa search warrant
ZBS
Requisites for the issuance of a search warrant
ZA4
Probable cause in search warrants...
ZJl
Probable cause to arrest and probable cause
How the examination shall be conducted by the judge...
2Bg
Particular description of place or person...
Z4L
Particular description of the items to be
seized; general warrants (Bar
2005).
24b
Ownership of property seized not required......................
2SL
Extent of the search........
252
Search of third persons not named in the warrant.......... Z5g
Issuance and form of the search warran.t.....
25g
Duration of the validity of a search warrant.....
254
fime of making the search........
.. ZS4
Manner of making the search
254
RuIe if the officer is refused adrnittance;
"knock
255
225
227
228
229
230
23L
23L
Chapter V
ARRESI
SEARCH
AND SETZURE
ARREST (RULE
113)
Bequisites
for the issuance
of a warrant
of arrest...........
Preliminary
inquiry (examinatio");;;;;"
- -
.
prgliminary investigation.................
Method of arrest with a warr;;;;;;;;;;;
'
not be in possession
of the omd"r....-
No unnecessary
violenc" ............_....-.::..'
' ' ' "'
Authority
to summon
assistance
............,'
""
When person
to be arrested
is inside,;;iilt"g..............
When a warrantless
arrest is lawful
___
(Bar
1988; 1989; 7996; t99T;2OAO;2004;?010)........
Who may make wa*anuess
;;;;;;;f;ffi;;;''
"' "
citizen's arrest..
The balf ,f tlrrl;
i;;;;;;;;;;;;i;;;;;;i;;;
_ .
requisites..............
Existbhbe
of ari overt act of a
"ri-"
i,, ti;
il;;;;;
of the person
making tfr" ,i"".t...._...
T_he hot pursuit
exception (B*
r6t;' ;d;;.....................
Mcthod of arrest without
"*;;;::.:.:. Time of making an arrest...........
_. _....... :..,'
Rights of a person
arrested (R.A.
74g8)....................
:.. :....
201
202
208
209
210
210
zLO
21t
212
213
214
220
222
223
223
and announce ru1e".......
Duties of the officer after the search and seizure;
delivery and inventory...............
puty of the judge;
retun{,ahd other proceedings.............
Duty of the custodian of the log book
Objection to issuance or service of a warrant ..................
Where to file a motion to quash a search warrant
256
256
257
257
258
or to suppress evidence
xvll
Who may aacall tho iesuanco of a search wurrunt.,,........
Petition for certiorarj for unwarranted quuuhul
of a search warrant.....
.,.............,...
Exceptions to the search warrant requiremont
(Bar
1988; 199b; 1996; 1997;2008)
Search incident to a lawful arrest (Bar
2008).
Parameters of a search incident to a lawful arrestl
immediate possession
and control rule......................
Searches of moving vehicles.....
Check points........
Buy bust operations; warrant not needed (Bar
2008) .....
Entrapment and instigation..........
Applicable tests in a buy-bust operation;
adoption of the'objective test, ...........
Effect ofabsence ofprior surveillance before a
buy-bust operation...
Effect of absence of record in police blotter.......
Plain view doctrine (Bar
2007
;
200S)..........
The'inadvertence'
requirement under the plain
view doctrine ..............
Other cases..........
Terry searches or stop and frisk; history ofthe
Summary of the Terry doctrine.....
Terry search vs. a search incident to a
lawful arrest.........
Bond to ensure the return of the seized items.................
Consented Searches....
Effect of an illegal search and seizure; fruit
of the poisonous tree doctrine (Bar
2008)..................
Civil damages; criminal liability......
Authority of the Executive Judge and Vice
Purganan c8B0 ro:oxominod
-Bail
in deportation procodingo
Who furniehos the baiI............
Obligation and right of the bondsman; arrest
without a warrant..
gl2
The applicant for bail must be in custody
B1A
P"ll !"
guarantee
appearance of witnesses (Bar
1999)............
B1b
!$
for those not yet charged
BL5
Effects of failure to appear at the trial...........
816
Court cannot require arraignment
before the
275
309
310
3L2
268
269
260
262
263
270
27L
273
274
317
320
323
324
325
325
327
328
329
331
332
333
277
278
278
283
284
290
293
296
297
298
298
300
337
339
339
339
341
343
343
grant of bail........
Forms of bail (Bar
1999).
Guldelines in fixing the amount of bail (Bar
1999).
Duration of the bail............
No release or transfer ofperson in custody; exceptions.
[h",
bail is not required................
When bail is not allowed
When bail is a matter of right (Bar
1999; 2006; 200g)
Remedy when bail is denied ....................:.
When bail is a matter of discretion
(Bar
1999;2006;2008)
BZg
Where application for bail is to be filed when bail is
Executive Judge re search warrants in Manila
and
Quezon City
Chapter Vl
BA|L (RULE 114)
a matter of discretion and after conviction by the
Begional Trial Court
T[hen-application for bail afber conviction by the RTC
shall be denied
i....r....
Ball pending
appeal where penalty imposed exceeds
six years....
Hearing of application for bail in offenses punishable
by death, reclusion perpetua,
or life iirprisonment;
burden of proof in bail application............
Duties of the trial judge
in a petition for bail in offenses
punishable
by reclusion perpetua,
life imprisonment
or death
Evldence in bail hearing are automatically reproduced
at the trial .................... j.........
Capital offenses.....
Effect of Republic Act No. 9846 on the graduation
of penalties
Wher_e application o, petition
itir;;li;il;
_
filed (Bar
2002)
300
Meaning, nature and purpose of bail (Bar
lggg)
Constitutional basis of the right to fiiil..............
Bail in the military
Bail in extradition proceedings
302
304
306
306
308
Exception to the'no bail ruIe,, in extradition proceedings...... Bail for accused originally released without bail
Forlirituro ol'bnil
Cuncollution of' tho buil; rurnorl.y
Application fbr or admission kr ltuil nol, rr lrur l,rr
objections on illegal arrest, lack ol'or irrogrrlrrr
preliminary investigation
Chapter Vll
RTGHTS OF THE ACCUSED (RULE 11s)
lt43
:t44
345
'l'lro priv i logo rrgr i rrnI nol l'-incrirrr i rrrr[iorr
(lhr
lf)l)6; 1998; 2(X)4; 2006).....,....
896
'l'lrc privilcgo
rrpplics onl.y to nuturul porsons ggg
'[ho privilogc pnrlccts
u puruon tirrm bestimonial
c,mpulsio, or cvidcncc,r'a communicative nature........ 400
It'rrrco re-enactments
405
Mouning of compulsion..............
406
Writing exemplars or samples
406
Quostions which the witness may refuse to answer
410
l)rivilcge extends to lawyers advising a witness
-
to invoke the priviIege.................
4tl
l'orsons who are mere custodians of documents
cunnot claim the privilege
4L2
f'roccedings in which the privilege may be asserted
41g
l)istinctions between the claim of the
frivilege by an
accused and by a mere witness
414
Wuiver of the privilege....
.. 4t6
'l'ho privilege will not apply when witness is given
-
immunity from prosecution
4L6
lmmunity statutes; examples...
4LB
The right to defend himself; right to be heard
42L
Thc right to testify as a witness.................
422
Thc right to confront and cross-examine the witnesses
against him ............
[tight to use testimony of a deceased witness
Itight to compulsory process.....
llight to appeal
347
348
349
351
354
355
357
359
360
368
369
369
lnc)
OIL
373
376
Jl I
381
383
388
390
391
391
393
423
425
425
426
Chapter Vlll
ARRATGNMENTAND
PLEA (RULE 116)
A. BASIC CONCEPTS
Meaning and importance of arraignment (Bar
2007),.....
Duty of the court before arraignment...................
!.... r.. ;...
Options of the accused before arraignment and plea......
Plea made before a court with no jurisdiction......
Arraignment under an amended information;
substituted information
B. I{OW ARRAIGNMENT
AND PLEA ARE MADE
Where arraignment is to be made
How arraignment is made
428
429
429
432
432
433
433
When arraignment is to be made
433
Arraignment afl,or submission of the cano
for decision
Record of arraignment .............
Presence ofthe accused
Presence of the offended party.........
When a plea of 'not guilty'shall be entered
(Bar
1992; 1993; 1996)
Plea of guilty is a
judicial
confession; effect on
aggravating circumstances..............
Exception to the admission of aggravating
circumstances..............
Plea of guilty to a lesser offense; plea bargaining
(Bar
1995; 2002)..........
Requisites for a plea of guilty to a lesser offense
Plea of guilty to a lesser offense after arraignment;
plea bargaining during the trial proper........
No need for amendment of information/complaint ..........
When plea of guilty to a lesser offense is
not mitigating...............
Plea of guilty to a capital offense (Bar
1995).
Meaning of "searching inquiry"..
Plea of guilty to a non-capital offense.......
Improvident plea of guilty
Production or inspection of material evidence
Chapter lX
MOTION TO QUASH (RULE 117)
Time for filing the motion to quash
Form and contents of the motion to quash
Motion to quash is not a demurrer to evidence;
distinctions
Court shall consider only those grounds stated
in the motion
Motion to quash; grounds for a motion to quash
(Bar
1987; 1990; 1991; 1992; 1993; 1994; 1995;
1996; 1998; 1999; 2000; 2OO2; 2003; 2004; 2005;
2009;2010)
Execution ofan affidavit ofdesistance is not a ground
for a motion to quash................. :'. : :..
Absence ofprobable cause not a ground to quash
an information ...........
Matters of defense are not grounds for a motion
to quash....
434
436
436
436
496
439
440
440
441
Abnernco ot'a proliminsry invostlgatlon ls not a ground
to quash an inlbrmation.............
466
Tost in approciating u motion to quash 456
E{I'ect of failure to assert any ground of a motion
to quash....
457
Grounds not waived
458
Denial of a motion to quash.... 458
When court shall order the amendment of the
information or comp1aint.................
459
Order sustaining a motion to quash is not a bar
to another prosecution; exceptions
(Bar 1994). 459
Double
jeopardy.......... 460
Effecte of double
jeopardy; on criminal
and civil aspects...... .. 462
Double
jeopardy; requisites...........
465
Curing an erroneous acquittal; grave abuse discretion of
amounting to lack
jurisdiction 469
Preliminary investigation; double
jeopardy
not app1icab1e................
474
Res
judicata and double
jeopardy; res
judicata
in prison
Srey
(Bar 2010).......... 475
Administrative cases; double
jeopardy not applicable.. 475
Valid complaint or information
(Bar 20O2;2004) 477
Accueed should have pleaded to the charge
(should
have been arraigned)
(Bar 2002;2003) ...'..... 479
The accused has been convicted or acquitted, or the case
against him dismissed or terminated without
his express consent......
Diemissal or termination must be without the express
consent ofthe accused
Dlsmissals equivalent to acquittal even with the consent
of the accused; speedy trial; demurrer to evidence.........'
Double
jeopardy in quasi offenses..............
IYhen double
jeopardy shall not apply despite a prior
Meaning of same offense; when not the same
(Bar 1993; 1994)..........
Provisional dismissal; requisites
(Bar 2003)
Tlme bar rule; when provisional dismissal becomes
permanent.
Effect ofPeople v. Lacson
Withdrawal of information distinguished from a
485
487
49t
495
442
442
443
443
445
448
448
449
482
457
457
451
453
454
455
496
503
506
507
453
455
motion to dismiss..
510
A.
Chapter X
PRE.TRIAL, TRIALAND DEMURRER TO EVIDENCE
(RULES 118-119)
PRE-TRIAL
(RULE 118)
(Bar 1986; 1989; 2004; 2008)
Courts in which pre-trial is mandatory...............
Matters to be considered during the pre-trial;
purposes....
When pre-trial shall be held ...........
Non-appearance in the pre-trial conference;
consequences ...............
Duty of the Branch Clerk of Court
Recording of the minutes.....
Duty of th.e
judge before the pre-trial conference
Duty of the
judge
when plea bargaining is
agreed upon; prosecution and offended party
agree to the plea.....
Duty of the
judge
when plea bargaining fails..................
Asking questions during the pre-trial
Pre-trial agreements; signing of admissions made..........
Pre-trial order .........
Pre-tria1 in a civil case vs. pre-trial in a
criminal case ...........
Effect of pre-trial order..........
Judicial dispute resolution (JDR); purposes
Stages in the
judicial proceeding with JDR;
confidentiahty ..............
Cases subject to mediation for JDR..
Salient features of the suggested JDR process................
Court-annexed mediation guidelines...............
Discovery procedures in criminal cases..........
TRIAL
(RULE 119)
When trial shall commence.
Summary of periods...
Time to prepare for trial......
Effect of not bringrng the accused to trial within
the prescribed period
Delays to be excluded from computing the
period for commencement of'the trial;
some examples ............
When delay or suspension of trial is justified
by reason of the absence of a witness
B.
51r.
511
5L2
5t2
513
513
513
513
514
5L4
5t4
515
515
516
517
5L7
518
519
521
524
526
527
527
528
528
529
630
630
531
531
531
531
532
533
534
534
534
535
535
535
536
537
538
538
539
540
1994; 1996; 2001;
540
541
542
543
544
545
xxlv
I.
Chaptrr Xl
JUDGMENT, REMEDIES AFTER JUDOMENT
OF CONVICTION AND PROVISIONAL REMEDIES
JUDGMENT (RULE
].20)
Meaning ofjudgment.
Requisites of a
judgment
Contents of a
judgment
of conviction; contents
of judgment
of acquittal..................
Rule when there are two or more offenses in a single
information or complaint (duplicitous
complaint or information)............
Judgment rendered by
judge
who did not hear
the case.....
Variance doctrine; variance between the allegation
and proof (Bar
1998; 20A4).........
When an offense includes or is included in another........
Variance in the mode of the commission of the offense...
Promulgation of
judgment (Bar
1
g9Z)
.........
How accused is to be notified of the promulgation..........
Rule if the accused fails to appear in the
promulgation
ofjudgrnent .............
Modification ofjudgment (Bar
1989) .........
When judgment
becomes final
Entry of judgment..................
II. NEW TRIAL OR RECONSIDERATION (RULE
121)
Filing a motion for new trial or a motion for
reconsideration..
Grounds for a new trial
Requisites for newly discovered ovidence
Grounds for reconsideration of the judgment
Form of the motions; notice
Notice of the motion
When hearing of the motion is required
Effects ofgranting a new trial or reconsideration
The Neypes rule
m. APPEALS (RULES
122,724,12b) (Bar 1991;
1992; 1993; 1998)
Appeal not a natural right
Who may appeal
Subject matter for review on appeal
Ohango ol'thoory on uppoul.,.
661
Fuctuul llndings; crodihility ol' witnossoe ......................... 661
Whoro to appoal
66g
How to appeal
864
When appeal is to be taken
b6S
Service of notice of appeal
566
Transmission of the papers to appellate court (RTC)......
b66
Withdrawal of appeal
b66
Appeal not mooted by accused's release on paro1e...........
567
Effect of appeal by any of several accused (Bar
1g9g)..... 867
Appeal from the civil aspect
b6g
Period to apply for probation ................
56g
Stay of execution..........
b6g
Power of the Court of Appeals to receive evidence 569
Dismissal of appeal by the Court of Appeals.. 569
Ground for reversal ofjudgment or its modification....... 5TO
Review of decisions of the Court of Appeals.
5TO
Applicability of the rules on appeal in the
Court ofAppeals to the Supreme Court 570
Rule if the opinion of the Supreme Court
en banc is equally divided.......
570
When preliminary
attachment is available 872
ry. PROVISIONAL REMEDIES IN CRIMINAL CASES
Availability of provisional remedies
571
Synopsis of Selected Cases
574
600
609
Criminal Procedure Aspect of the Rules of
procedure
in Environmental Cases
Case Index
646
646
548
549
550
550
551
551
552
552
553
554
554
554
554
555
555
556
556
556
558
559
560
557
557
557
xxvl
xxvll