CRIMINAL PROCEDURE

Rule 110 PROSECUTIONS of Offenses

1. General Rule: MTC and RTC courts gain jurisdiction over the offense
upon the filing of complaint by a complainant or an information by the
prosecuting officer
Court gains jurisdiction over the person of the accused upon arrest or
surrender; such jurisdiction once gained cannot be lost even if accused
escapes (Gimenez vs. Nazareno)
Jurisdiction of the court over the offense is determined at the time of the
institution of the action and is retained even if the penalty for the offense is
later lowered or raised (People vs. Lagon)
2. Complaint sworn written statement charging a person with an offense,
subscribed by the offended party, any peace officer or other public official
charged with the enforcement of the law violated
Information accusation in writing charging a person with an offense,
subscribed by the fiscal and filed with the court
3.

Complaint and Information distinguished:

Complaint

Information

A sworn statement

Need not be sworn to

Subscribed by the offended party,

any peace officer or other officer
charged with the enforcement of
the law violated

Subscribed to by the fiscal

May be filed either with the court

Filed with the court
or in the fiscals office generally to
commence the preliminary investigation
of the charges made
4.
Cases where civil courts of equal rank are vested with concurrent
jurisdiction:
Features stated in Art. 2, RPC, Cognizable by proper court in which
charge is first filed
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Continuing crimes committed in different judicial regions. Offenses

wherein any of the essential elements were committed in different territorial
jurisdictions
Offenses committed aboard a train, vehicle, aircraft or vessel (see R110,
15)

i.

Railroad, train, aircraft

(1) Territory or municipality where vehicle passed
(2) Place of departure
(3) Place of arrival
ii. Vessel
(1) First port of entry
(2) Thru which it passed during voyage

e. Libel and written defamation

5. Remedies of offended party when fiscal unreasonably refuses to file an
information or include a person therein as an accused
In case of grave abuse of discretion, action for mandamus. Lodge a new
complaint against the offenders. Take up matter with the Secretary of Justice
Institute administrative charges against the erring fiscal. File criminal
charges under Art. 208, RPC (prosecution of offenses). File civil action under
Art. 27, NCC for damages (PO refuses or neglects to perform official duty)
Secure appointment of another fiscal. Institute another criminal action if no
double jeopardy is involved.
6. Writs of injunction or prohibition to restrain a criminal prosecution are
not available, EXCEPT
To afford adequate protection to constitutional rights of accused
Necessary for the orderly administration of justice or to avoid
oppression or multiplicity of actions
Pre-judicial question which is subjudice
Acts of the officer are without or in excess of authority
Prosecution is under an invalid law, ordinance or regulation
Double jeopardy is clearly apparent
Court has no jurisdiction over the case
Case of persecution rather than prosecution
Charges are manifestly false and motivated by lust for vengeance
Clearly no prima facie case against the accused and MTQ on that
ground had been denied

CRIMINAL PROCEDURE

7.

Institution of Criminal Actions:

a.

In RTC:

By filing a complaint with the appropriate officer for the purpose of

conducting requisite preliminary investigation therein.
b. In Municipal Trial Courts and Municipal Circuit Trial Courts:
By filing the complaint or information directly with said courts, or a
complaint with the fiscals office
c. In Metropolitan Trial Courts
By filing the complaint ONLY with the office of the fiscal
In all 3 above cases, such institution shall interrupt the period of
prescription of the offense charged (Rule 110, 1)
d. Offenses subject to summary procedure
[i.e. (1) violation of traffic laws; (2) violation of rental laws; (3) violation
of municipal or city ordinances; and (4) criminal cases where the penalty does
not exceed 6 months or fine of P1000 or both, irrespective of other imposable
penalties and civil liabilities]
The complaint or information shall be filed directly in court without
need of a prior preliminary examination or preliminary investigation.
Zaldivia vs. Reyes since a criminal case covered by the Rules of Summary
Procedure shall be deemed commenced only when it is filed in court, then the
running of the prescriptive period shall be halted on the date the case is
actually filed in court and not on any date before that.
Reodica vs. CA [clarifies Zaldivia above] Under Art. 91 of the RPC, the period
of prescription shall be interrupted by the filing of the complaint or
information. It does not distinguish whether the complaint is filed for
preliminary examination or investigation only, or for an action on the merits.
Thus, the filing of the complaint even with the fiscals office should suspend
the running of the Statute of Limitations. The ruling in Zaldivia is not
applicable to all cases subject to the Rules on Summary Procedure, since that
particular case involved a violation of an ordinance. Therefore, the applicable
law therein was not Art. 91 of the RPC, but Act No. 3326 (An Act to Establish
Periods of Prescription for Violations Penalized by Special Acts and Municipal
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CRIMINAL PROCEDURE

Ordinances and to Provide when Prescription Shall Begin to Run), 2 of

which provides that period of prescription is suspended only when judicial
proceedings are instituted against the guilty party.
8. Contents of information
a. Name of the accused
Information may be amended as to the name of the accused, but such
amendment cannot be questioned for the first time on appeal (People vs.
Guevarra)
Error of name of the offended party: if material to the case, it necessarily
affects the identification of the act charged. Conviction for robbery cannot be
sustained if there is a variance between the allegation and the proof as to the
ownership of the property stolen.
b. Designation of offense by statute (or of section/subsection of statute
violated)

Only one offense charged, EXCEPT where law prescribes a single

punishment for various offenses.
If facts do not completely allege all the elements of the crime charged, the
info may be quashed; however, the prosecution is allowed to amend the info to
include the necessary facts (People vs. Purisima)
c. Acts or omissions complained of constituting the offense
Information need only allege facts, not include all the evidence which may be
used to prove such facts (Balitaan vs. CFI)
d. Name of offended party
e. Approximate time of commission
Approximation of time is sufficient; amendment as to time is only a formal
amendment; no need to dismiss case (People vs. Molero)
A significant discrepancy in the time alleged cannot be sustained since such
would allow the prosecution to prove an offense distantly removed from the
alleged date, thus substantially impairing the rights of the accused to be
informed of the charges against him (People vs. Reyes)
f.

Place of commission
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CRIMINAL PROCEDURE

 Conviction may be had even if it appears that the crime was committed not
at the place alleged, provided that the place of actual commission was within
the courts jurisdiction and accused was not surprised by the variance
between the proof and the information
Qualifying and inherent aggravating circumstances need to be alleged as
they are integral parts of the crime. If proved, but not alleged, become only
generic aggravating circumstances.
9. Amendment of information and Substitution of information, distinguished
Amendment

Substitution

Involves either formal or substantial

changes
Without leave of court if before plea

Necessarily involves a substantial

change
Needs leave of court as original
information has to be
dismissed

Where only as to form, there is no

is
need for another preliminary
investigation and retaking of
plea of accused
Refers to the same offense
charged or which necessarily
includes or is necessarily
included in original charges,
hence, substantial amendments
to info after plea taken cannot
be made over objections of
accused for if original info is
withdrawn, accused could
invoke double jeopardy

Another preliminary investigation

entailed and accused has to plead
anew
Requires or presupposes that new info
involves a different offense which does
not include or is not included in the
original charge, hence, accused
cannot claim double jeopardy

10. After plea, amendment only as to matters of form, provided

Leave of court is obtained; and
Amendment is not prejudicial to rights of accused
11. When amendment is only as to form
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CRIMINAL PROCEDURE

Neither affects or alters nature of offense charged

Charge does not deprive accused of a fair opportunity to present his defense
Does not involve a change in basic theory of prosecution
12. Exceptions to rule on venue
Felonies in Art. 2, RPC (cognizable by proper court in which charge is first
filed)
Continuing offenses
Piracy which is triable anywhere
Libel (residence; or where first published)
In exceptional cases, to ensure fair trial and impartial inquiry
13. Special cases (who may prosecute)
a. Adultery and concubinage
Only offended spouse can be complainant
Both guilty parties must be included in complaint
b. Crimes against chastity
With consent of the offended party, offended spouse, grandparents, guardian,
or state as parens patriae, in that order
Offended party, even if minor, has right to initiate the prosecution of the case
independently of parents, grandparents or guardian, unless she is
incompetent/incapable on grounds other than minority.
If offended party who is a minor fails to file the complaint, her parents,
grandparents or guardian may do so.
In crimes against chastity, the consent of the victim is a jurisdictional
requirementretraction renders the information void (People vs. Ocapan)
If complexed with a public crime, the provincial fiscal may sign the complaint
on his own
c. Defamation (consisting of imputation of offenses in [a] or [b])
Complainant must be offended party
The offended party may intervene in the prosecution of the criminal case
because of her interest in it (Banal vs. Tadeo)
14. Procedure
Complaint filed in MTC or info filed in RTC where an essential ingredient of
the crime took place (territorial jurisdiction)
Amendment as a matter of right before plea
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CRIMINAL PROCEDURE

Amendment upon discretion of the court after plea

Inclusion of other accused is only a formal amendment which would not be
prejudicial to the accused and should be allowed (People vs. CA)
d.
After plea and before judgment, if it appears there was a mistake in
charging proper offense, court shall dismiss original info upon the filing of a
corrected one, provided that the accused will not be placed in double jeopardy
(substitution)
Fiscal determines direction of prosecution; complainant must ask fiscal if he
wants to dismiss the case; the motion to dismiss must be addressed to the
court which has discretion over the disposition of the case (Republic vs.
Sunga)
Objection to the amendment of an information or complaint must be raised at
the time the amendment is made; otherwise, deemed to have consented
thereto.
15. Remedies
a. Motion to quash
May be filed after arraignment but before plea on the grounds provided
by the rules (generally, a flaw in the info)
If duplicity of offense charged is not raised in trial through a motion to quash
info, the right to question it is waived (People vs. Ocapan)
b. Motion to dismiss
May be filed after plea but before judgment on most of
motion to quash

grounds for

16. Duplicity of Offense (in information or complaint)

Defined as the joinder of separate and distinct offenses in one and the
same information/complaint
Remedy: file a motion to quash; failure is equivalent to a waiver
Exception: when existing laws prescribe a single punishment (complex
crimes)
Rule 111 Prosecution of Civil Action
1. General Rule: The injured party may file a civil action independent of the
criminal proceeding to recover damages from the offender.
Article 32 is a valid cause of a civil action for damages against public
officers who impair the Constitutional rights of citizens (Aberca vs. Ver)
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CRIMINAL PROCEDURE

Even if the private prosecutor participates in the prosecution, if he is

not given the chance to prove damages, the offended party is not barred from
filing a separate civil action
2. Civil action for recovery of civil liability impliedly instituted, EXCEPT
Waiver
Reservation of right to institute separate action
Institution of civil action prior to criminal action
NOTE: Under SC Circular 57-97, all criminal actions for violations of BP Blg.
22 shall be deemed to necessarily include the corresponding civil action, and
no reservation to file such civil action separately shall be allowed or
recognized.
San Ildefonso Lines vs. CA past pronouncements of the SC that the
requirement in Rule 111 that a reservation be made prior to the institution of
an independent civil action is an unauthorized amendment to substantive
law is now no longer controlling. Far from altering substantive rights, the
primary purpose of the reservation requirement is to avoid multiplicity of
suits, to prevent delays, to clear congested dockets, to simplify the work of the
trial court, and in short, the attainment of justice with the least expense and
vexation to parties-litigants.
3. Civil action suspended when criminal action filed, EXCEPT
Independent civil action (Arts. 32, 33, 34 and 2176 of NCC)
Prejudicial civil action
Civil case consolidated with criminal action
Civil action not one intended to enforce civil liability arising from the
offense (e.g., action for legal separation against a spouse who
committed concubinage)
4. Prejudicial question arises when
The civil action involves an issue similar or intimately related to the
issue raised in the criminal action
The resolution of such issue will determine whether the criminal action
will proceed or not
Requisites for a prejudicial question:
The civil action involves an issue similar or intimately related to the
issue raised in the criminal action: and
The resolution of such issue determines whether or not the criminal
action may proceed
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CRIMINAL PROCEDURE

Petition for suspension of criminal action is to be filed at any time before

prosecution rests.
5. Remedies
a. Reservation of right to institute separate civil proceedings to recover civil
liability arising from crime
Must be made before prosecution presents evidence
Action instituted only after final judgment in criminal action
b. Petition to suspend the criminal action
May be filed upon existence of a prejudicial question in a pending civil
action
Filed at any time before the prosecution rests
6. Extinction of penal action does not carry with it extinction of the civil
unless the extinction proceeds from a declaration in a final judgment that the
fact from which the civil might arise did not exist.
Final judgment in civil absolving defendant from civil liability not a bar
to criminal action
7.

Filing fees:
Actual or compensatory damages
Moral, temperate and exemplary

filing fees not required

filing fees required

If alleged, fees must be paid by offended party upon filing of complaint

or information
If not alleged, filing fees considered a first lien on the judgment

Rule 112 Preliminary Investigation

1. Preliminary investigation inquiry or proceeding to determine if there is
sufficient ground to engender a well-founded belief that a crime cognizable by
the RTC has been committed, and that the respondent is probably guilty
thereof, and should be held for trial
A preliminary investigation is only necessary for an information to be
filed with the RTC; complaints may be filed with the MTC without need of an
information, which is merely recommendatory (Tandoc vs. Resultan)
Absence of a preliminary investigation is NOT a ground for a motion to
quash the information; an information filed without a preliminary
investigation is defective but not fatal; in its absence, the accused may ask for
one; it is the fiscals refusal to conduct a preliminary investigation when the
accused demands one which is a violation of the rights of the accused
(Doromal vs. Sandiganbayan). Court should not dismiss the info, but hold
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CRIMINAL PROCEDURE

the case in abeyance and either: (1) conduct its own investigation; or (2)
require the fiscal to hold a reinvestigation.
2. GENERAL RULE: The fiscal conducts the preliminary investigation before
filing an information with the RTC, EXCEPT where the accused is lawfully
arrested without a warrant and an inquest is conducted.
3. Right to Preliminary Investigation
A personal right and may be waived

Waived by failure to invoke the right prior to or at least at the time of the plea

4.

Who conducts Preliminary Investigation

Provincial or city fiscals and their assistants
Judges of MTC and MCTC
National and regional state prosecutors
Such other officers as may be authorized by law
Duly authorized legal officers of COMELEC
The Ombudsman
The PCGG, in cases of ill-gotten wealth

5. Procedure
a. If conducted prior to arrest
i.

Complainant files complaint with

(a) Provincial or city fiscal
(b) Regional or state prosecutor
(c) MTC or MCTC judge, excluding MTC judge of Metro Manila or
chartered cities
(d) Other offices authorized by law

Investigating officer either dismisses complaint or asks by subpoena

complainant and respondent to submit affidavits and counter-affidavits
If the investigating officer finds prima facie evidence, he prepares an
information and a resolution
i.e., if fiscal finds reasonable ground to believe that a crime has been
committed and accused is probably guilty thereof
Prima facie evidence - is that evidence which, standing alone, unexplained
and uncontradicted, would be enough to merit a conviction of the accused
iv. Otherwise, he recommends the dismissal of the complaint
If the investigating officer is an MTC judge, and he finds that probable
cause exists and that there is a need to place the accused under custody,
then he may issue a warrant of arrest
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CRIMINAL PROCEDURE

Flores vs. Sumaling What differentiates the present rule from the
previous one is that while before, it was mandatory for the investigating judge
to issue a warrant for the arrest of the accused if he found probable cause,
the rule now is that the investigating judges power to order the arrest of the
accused is limited to instances in which there is a necessity for placing him in
custody in order not to frustrate the ends of justice. It is therefore error for
the investigating judge to order the issuance of a warrant of arrest solely on
his finding of probable cause, without making any finding of a necessity to
place the accused in immediate custody to prevent a frustration of justice.
Investigating officer forwards records to the city fiscal or chief state
prosecutor
City fiscal or state prosecutor either dismisses the complaint or files the
information in court
Decision prevails over decision of the MTC judge
vii. Records will not form records of the case proper
Court on its own or on motion may order production of record
b. If conducted after warrantless arrest
If accused waives Art. 125, RPC and asks for a preliminary
investigation, with the assistance of counsel, then the procedure for one prior
to arrest is followed

Inquest conducted as follows

(a) Fiscal determines the validity of the arrest
(b)
Fiscal determines existence of prima facie evidence based on the
statements of the complainant, arresting officer and witnesses
(c) Fiscal either dismisses the complaint and orders the immediate release of
the accused, OR prepares and files an information

While fiscal has quasi-judicial discretion whether or not to file an

information, once it is filed with the court, the court acquires jurisdiction
giving it discretion over the disposition of the case and the Sec. of Justice
should refrain from entertaining petitions for review or appeals from the
decision of fiscal (Crespo vs. Mogul; Velasquez vs. Undersecretary of Justice)
NOTE: Information may be filed by offended party, peace officer or fiscal
without preliminary investigation.
6. Remedies
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CRIMINAL PROCEDURE

a. Motion for preliminary investigation

Filed when accused is arrested without warrant
Must be with assistance of counsel and after waiving Art. 125, RPC
b. Motion for preliminary investigation
Filed within 5 days after accused learns an information against him
has been filed without a preliminary investigation
c. Motion for re-investigation
d. Appeal to DOJ
Filed upon denial of his motion for a preliminary investigation, on the
ground that his rights to due process of law were violated, ousting the court
of jurisdiction
e. Petition for prohibition
Filed with appellate court to stop the criminal proceedings
Ordinarily, injunction will not lie but may be granted in certain cases
When prohibition proper to restrain criminal proceedings:
When strong-arm tactics are used for vindictive purposes
(Salonga vs. Cruz-Pano)
When the accused is deprived of his rights
When the statute on which the charge is based is null and void
When it will aid the administration of justice (Tatad vs. Sandiganbayan)
When multiplicity of suits will be avoided (Guingona vs. City Fiscal)

Rule 113 Arrest

1. Arrest taking a person into custody in order that he may be bound to
answer for the commission of some offense, made by an actual restraint of
the person or by his submission to custody
2.

General Rule: No person may be arrested without a warrant.

Not all persons detained are arrested;
only those detained to answer for an offense.

Invitations are not arrests and are usually not unconstitutional, but
in some cases may be taken as commands (Babst vs. NBI); however, the
practice of issuing an invitation to a person who is investigated in
connection with an offense he is suspected to have committed is considered
as placing him under custodial investigation. (RA 7438)
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CRIMINAL PROCEDURE

Warrants of arrest remain valid until arrest is effected, or the warrant is lifted
Arrest may be made at any time of the day or night
3. Warrantless arrests by a peace officer or a private person
a. When person to be arrested is committing, attempting or has committed
an offense
b. When an offense has just been committed and the person making the
arrest has personal knowledge that the person to be arrested committed it
Warrantless arrest anytime for a continuing offense like rebellion,
subversion (Umil vs. Ramos)
The continuing crime, not the crime finally charged, needs only be the
cause of the arrest (Umil vs. Ramos)
c.
When person to be arrested is an escaped detainee (either serving
sentence or with case pending)
When a person lawfully arrested escapes
Bondsman, for purpose of surrendering the accused
Accused attempts to leave country without court permission
4. Procedure
a. With warrant
Complainant files application with affidavits attached
Judge conducts ex parte preliminary examination to determine probable
cause
In determining probable cause, judge must:
(1) Personally examine witness
(2) Witness must be under oath
(3) Examination must be reduced to writing (Luna vs. Plaza)
In determining probable cause, the judge may rely on findings by responsible
officer (Lim vs. Felix)
iii. Judge issues warrant of arrest
If without preliminary examination, considered irregular (Bagcal vs. Villaraza)
iv. If peace officer is unable to serve warrant 10 days after issuance, he must
file a report and explanation with judge within 10 days
v. If warrant served
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CRIMINAL PROCEDURE

(1)
(2)
(3)
(4)

Person informed that he is being arrested

Informed of cause of his arrest
Officer may break door or window if admission to building is refused
Person physically restrained

For private citizens making an arrest

May not do so except to do some service to humanity or justice
(5) No violence or unnecessary force may be used
(6) Officer may summon assistance
(7) Person who escapes after arrest may be immediately pursued
vi.

Person arrested is brought to nearest police station or jail

b. Without warrant:
Person is arrested
Person arrested may waive right to Art. 125, RPC and ask for preliminary
investigation or inquest
Fiscal is not judicial authority contemplated under Art. 125 (Sayo vs. Chief of
Police)
Fiscal files info
5. Requisites for a warrant of arrest:
Probable cause
Signed by judge
Specifically naming or particularly and sufficiently describing person to be
arrested
John Doe warrants are void for being general warrants (Pangandaman vs.
Cesar)
6. Remedies
a. Petition for writ of habeas corpus
Filed with any court, to effect immediate release of the person detained
Filed when a person is being illegally detained (without judicial
process), or was illegally arrested (void warrant or unlawful warrantless
arrest, or warrantless arrest beyond period with no information filed)
Habeas corpus is not allowed when:
The person is in custody of an officer under process of law, and
The court had jurisdiction to issue the process (Luna vs. Plaza)
If an arrest is improper, the remedy is a motion for quashal of the warrant of
arrest and/or a motion to quash the information, not habeas corpus (Ilagan
vs. Enrile)
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CRIMINAL PROCEDURE

Habeas corpus is no longer available after an information has been

filed, the information being the judicial process required by law (Ilagan vs.
Enrile)
Habeas corpus is proper when a person is being restrained illegally,
e.g., imprisoned past maximum penalty allowed by law (Gumabon vs. Director
of Prisons)
b. Quashal of warrant of arrest
Filed with court which issued the warrant of arrest when the warrant
of arrest is fatally flawed
c. Motion to quash information
*Filed with court when information against the person arrested has been filed
*Must be made in a special appearance before the court questioning only its
lack of jurisdiction over the person of the accused
*Otherwise, the voluntary appearance of the person arrested by filing a
motion before the court would be deemed a submission to the authority of
the court, thus granting it whatever jurisdiction it lacked over the person
*Any irregularity in the arrest is cured when the petitioner submits himself to
the jurisdiction of the court, e.g., by filing for bail (Bagcal vs. Villaraza)
7. V.V. Mendoza, Rights to Counsel in Custodial Investigation
Evolution of rights of the accused under custodial investigation
All involuntary confession were inadmissible; accused had to prove
involuntariness
Involuntary confessions were inadmissible only if they were false
Revert to exclusionary rule: any involuntary confession is inadmissible
Miranda rule: the accused must be informed of his rights
To remain silent
Against self-incrimination
To counsel
Definition of custodial investigation questioned
It begins only after arrest
Police investigations prior to arrest are not covered
The rights may be waived, but the rights to be informed of these rights, i.e.,
to warning, may not be waived
Warning must not only be said, officer must make sure the person arrested
understands them specifically
Present rules
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Voluntary confessions are admissible

Test of voluntariness determined on a case-to-case basis
Waiver of rights must not only be with counsel but must be in writing
Confessions made without assistance of counsel are inadmissible as
evidence to incriminate the accused, but they may be used to impeach the
credibility of the accused, or they may be treated as verbal admission of the
accused through the testimony of the witnesses (People vs. Molas)
Rule 114 Bail
1. Bail security given for the release of a person in custody of law,
furnished by him or a bondsman, conditioned upon his appearance before
any court as required under the following conditions:
Undertaking effective upon approval and remains in force at all stages
until promulgation of judgment, unless sooner cancelled
Accused shall appear before court when required
Failure to appear despite notice to him or the bondsman will waive his
right to be present and trial shall proceed in absentia
Bondsman shall surrender accused for execution of judgment
Bail applies to all persons detained, not just to those charged with the
offense (Herras vs. Teehankee)
Court has power to prohibit person out on bail from leaving the country
(Manotoc, Jr. vs. CA)
Bail implies delivery of the accused to the sureties who, though not holding
him prisoner, may seize him and imprison him until they can deliver him to
court (US vs. Bonoan)
2. General Rule: All persons are entitled to bail as a matter of right, except
those charged with capital offenses.
Right to bail traditionally unavailable to military personnel facing court
martial, who are not in the same class as civilians (Comendador vs. de Villa)
Bail should be available regardless of other circumstances or the merits
of the case, if the health or the life of the detainee is in danger (Dela Rama vs.
Peoples Court)
Excessive bail is tantamount to denial of bail, which is unconstitutional
(Dela Camara vs. Enage)
3. When bail is a matter of right
Before or after conviction by MTC, MCTC, MJC
Before conviction by the RTC of an offense not punishable by death,
reclusion perpetua or life imprisonment
4.
When bail is discretionary (application filed with court where case is
pending)
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Upon conviction by RTC of an offense not punishable by death,

reclusion perpetua or life imprisonment
Provisional liberty under same circs. but during period to appeal
subject to consent of bondsman
In case he has applied for probation after final judgment, he may be
allowed temporary liberty under his bail or recognizance
5. Procedure
a. Offense charged is not capital:
i. Accused applies for bail
(1) Where information against him was filed or where case is pending
(2) Absent (1), in another branch of the same court within the province
or city where he is held
(3) If arrested in another province, city or municipality, file with the
RTC
(4) Absent (3), with the MTC
Judge sets bail
Accused may move to reduce bail, and hearing will be set
Accused posts bail and deposits the same with the Municipal/City/Provincial
Treasurer or, if cash, with the Collector of Internal Revenue
Accused is released
b. Offense charged is capital:
Accused petitions for bail
Judge sets hearing to determine whether evidence of guilt is strong
Ex-parte hearing on bail is arbitrary and unacceptable
(Herras vs. Teehankee)
Prosecution presents evidence
Court may not force fiscal to produce evidence (Herras vs. Teehankee)
If evidence is strong, bail is denied
Otherwise, judge sets bail and procedure for non-capital offense is followed
In capital crimes, judges discretion is limited to determining strength of
evidence and does not cover determining whether bail should be allowed
(Herras vs. Teehankee)
Evidence must be strong that the accused is guilty of the capital
offense charged, not just of any offense (Bernardez vs. Valera)
6. Bail bond an obligation under seal given by accused with one or more
sureties and made payable to proper officer with the condition to be void
upon performance by the accused of such acts as he may legally be required
to perform
7. Recognizance
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Obligation of record entered into before some court of magistrate duly

authorized to take it, with the condition to do some particular act, the most
usual condition in criminal cases being the appearance of the accused for
trial
Does not require signature of accused for trial
Does not require signature of accused to be valid
8. Prosecution witnesses may be required to post bail to ensure their
appearance at the trial, except:
Substitution of info (see R110, 14)
Court believes that material witness may not appear at the trial
9. When bail required under RA 6036 (violation of ordinance, light felony,
criminal offense not higher that 6 month imprisonment and/or P2000 fine,
or both)
a. Caught in flagrante
Confessed to commission of offense unless repudiated (force and intimidation)
Previously escaped, evaded sentence or jumped bail
Violation of Sec. 2 (fails to report to clerk of court periodically under his
recognizance)
Recidivist, habitual delinquent previously convicted for an offense to which
the law or ordinance attaches an equal or greater penalty or for 2 or more
offenses to which it attaches a lighter penalty
Committed offense while on parole or under conditional pardon
Previously pardoned by municipal or city mayor for violation of ordinance for
at least 2 times
10. Instances when accused may be released on recognizance:
-Offense charged is a violation of an ordinance, a light felony or criminal
offense the imposable penalty to which does not exceed 6 months and or
P2000 fine
-Person has been in custody for a period equal to or more than the minimum
of the imposable principal penalty, without application of the Indeterminate
Sentence Law or any modifying circumstance
-Accused has applied for probation and before the same has been resolved,
but NO BAIL was filed or accused is incapable of filing one
-Youthful offender held for physical and mental examination, trial or appeal,
if unable to furnish bail
11. Cancellation of bail
a. Upon application with the court and due notice to the fiscal
Accused surrenders back to custody
Accused dies
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b. Automatic cancellation
Case is dismissed
Accused is acquitted
Accused is convicted and surrenders for execution of judgment
12. When bail cancelled or denied: after RTC imposes imprisonment
exceeding 6 years, but not more than 20 years, and:
Accused is a recidivist, quasi-recidivist, habitual delinquent or guilty of
the aggravating circumstance of reiteration;
Provisionally escaped, evaded sentence, violated provisions of bail;
Committed offense while on probation, parole, or conditional pardon;
Probability of flight; or
Undue risk that during appeal, he may commit another crime
13. When bail is forfeited
a. Accused fails to appear before court when required
30 days for bondsman to show cause why judgment should not be
rendered against him
b. Bondsman fails to produce him within 30 days
c. Bondsman fails to satisfactorily explain to the court why accused did not
appear when first required to do so
Sureties guarantee only appearance of the accused, not his conduct
(US vs. Bonoan)
Sureties exonerated if appearance made impossible by an act of God,
the obligee or the law (US vs. Bonoan)
14. Provisional forfeiture
Within 30 days, produce the body or give reason for non-production
AND
Explain satisfactorily the absence of the accused when first required to
appear
15. Remedies
Application for bail, when bail can be availed of as a matter of right
Petition for bail, when the offense charged is a capital offense
For judge to set hearing for the determination of strength of
evidence of guilt
16. Circumstances to be considered in fixing amount of bail:
Financial ability of accused to give bail;
Nature and circumstances of offense;
Penalty of offense charged;
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CRIMINAL PROCEDURE

Character and reputation of accused;

Age and health of accused
Weight of evidence against accused
Probability of accused appearing for trial;
Forfeiture of other bonds;
Fact that accused was a fugitive from justice when arrested; and
Pendency of other cases in which the accused is under bond
17. Notes:
Posting bail waives the right to question any irregularity attending the
arrest of a person (Callanta vs. Villanueva). However, this does not result in
waiver of the inadmissibility of the articles seized incidentally to such illegal
arrest.
Accused waived the right to question any irregularity in the conduct of
the preliminary investigation when he failed to do so before entering his plea
(People vs. Dela Cerna)
Accused out on bail may be re-arrested if he attempts to depart from
the Philippines without prior court permission (warrantless arrest allowed).

Rule 115 Rights of Accused

1. Right of the accused under the Rules
a. To be presumed innocent until proven guilty beyond reasonable doubt
In an appeal from a conviction, the accused shall again be presumed
innocent until and unless his conviction is affirmed (Castillo vs. Felix)
b. To be informed of the nature and cause of charges
The right must be substantially complied with; arraignment and later
proceedings must be in a language the accused understands (People vs.
Crisologo)
c. To be present at every stage of proceedings, subject to waiver by bail
If an accused escapes, he waives this right and merits a trial in
absentia; the accused forfeits his rights to be notified of proceedings in the
future and to adduce evidence in his behalf (People vs. Salas)
d. To testify as witness on his own behalf, subject to cross-examination on
matters covered by direct examination; not to be prejudiced by his silence
-Not to be compelled to be a witness against himself
e. To confront and examine the witnesses against him, including the right to
use in evidence testimony of a witness who is deceased, out of or cannot with
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due diligence be found in the RP given in another proceeding with the same
parties same subject matter
f. Opportunity to cross-examine
Prosecution has no privilege to withhold the identity of informers when
such informer was crucial in the operation itself; failure to present the
informer is a denial of the right to confront the witness which merits the
reversal of the conviction (People vs. Bagano)
g.
To have compulsory process to secure witnesses and evidence in his
behalf
h. To have a speedy, impartial and public trial
Unreasonable postponements of trial amounts to a denial of the right to
a speedy trial, entitling the accused to mandamus to compel dismissal of the
case, or to habeas corpus if he is detained
i.

To have the right of appeal

2. Rights of the accused under the Constitution

a. To due process
b. Against self-incrimination
Right is limited to testimonies; ocular inspection of the body may be
allowed (Villaflor vs. Summers)
Being informed of rights means a meaningful transmission of
information, without which confession made by the accused is inadmissible
(People vs. Nicandro)
Confessions obtained through coercion are inadmissible (People vs.
Opida)
Right against self-incrimination and to counsel do not apply during
custodial investigation (People vs. Ayson)
During trial, the right against self-incrimination takes the following
form:
Accused may refuse to testify
If he testifies, he may refuse to answer those questions which
may incriminate him in ANOTHER offense
c. Against double jeopardy
d. To be heard by himself and counsel
3. Double jeopardy
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First jeopardy must have attached prior to the first

First jeopardy attached and terminated
Valid complaint or information
Competent court with jurisdiction
Accused had pleaded
Action ended in conviction, acquittal or termination without the
consent of the accused
c.
Offense charged in later case is:
Same as that in previous case
Necessarily includes or is included in the previous case
An attempt or frustration of the offense in previous case
An offense lesser than that charged to which the accused pleaded guilty with
the consent of the fiscal and the offended party
4. Exceptions to double jeopardy
The offense was made graver by supervening events
The facts constituting the graver offense were only discovered after the filing
of the earlier information
No double jeopardy if the new fact which justified the new charge arose
only after arraignment and conviction (People vs. City Court)
No double jeopardy where the trial was a sham since there was no
competent court (Galman vs. Sandiganbayan)
No double jeopardy if first case was dismissed with consent of the
accused (Caes vs. IAC)
There is double jeopardy if a person is charged twice under different
penal statutes for the same acts (People vs. Relova)
c. Plea of guilty to a lesser offense without the consent of the fiscal and the
offended party
5. Remedies
Motion to quash
Motion to dismiss
-Both filed on the ground of violation of accuseds rights, thereby ousting the
court of jurisdiction
6. NOTES:
Constitution, Art. III, Sec. 1
No person shall be deprived of life, liberty or property without due
process of law, nor shall any person be denied the equal protection of the
laws.
Constitution, Art. III, Sec. 14
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No person shall be held to answer for a criminal offense without due

process of law.
In all criminal prosecutions, the accused shall be presumed innocent
until the contrary is proved, and shall enjoy the right to be informed of the
nature and cause of the accusations against him, to have a speedy, impartial
and public trial, to meet the witnesses face to face, and to have compulsory
process to secure the attendance of witnesses and the production of evidence
in his behalf.
However, after arraignment, trial may proceed notwithstanding the absence of
the accused provided that he has been duly notified and that his failure to
appear is unjustifiable.
Constitution, Art. III, Sec. 16
All persons shall have the right to a speedy disposition of their cases
before all judicial, quasi-judicial, or administrative bodies.
Constitution, Art. III, Sec. 17
No person shall be compelled to be a witness against himself.
Constitution, Art. III, Sec. 21
No person shall be twice put in jeopardy of punishment for the same
offense.
If an act is punished by a law or ordinance, conviction or acquittal
under either shall constitute a bar to another prosecution for the same act.
Rule 116 Arraignment and Plea
1. Procedure
Court informs accused of his right to counsel and asks him if he wants one
Court appoints counsel de oficio if accused has none
If no such member of the available, any person who is a resident of the
province, of good repute for probity and ability to defend accused
c. Court gives counsel time to confer with accused at least an hour before
arraignment
Period allowed for counsel de oficio to confer with accused must be
substantially complied with; if not, case may be remanded for re-arraignment
(People vs. Gonzaga)
Accused given a copy of the information, which is read to him in a
language he understands
Accused is asked whether he pleads guilty or not guilty
Accused files a motion to quash or makes plea
Accused personally makes his plea
Plea is entered into record
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If accused makes plea of not guilty, counsel has at least 2 days to

prepare for trial
People vs. Agbayani the right for 2 days to prepare must be
expressly demanded. Only when so demanded does denial thereof
constitute reversible error and ground for new trial. Further, such
right may be waived, expressly or impliedly.
NOTE, HOWEVER, under SC Circular 38-98 (implementing Speedy Trial Act
of 1997), accused must be given at least 15 days to prepare for trial, which
shall commence within 30 days from receipt of Pre-Trial Order.
j.

Case proceeds to pre-trial, trial or hearing, depending on the plea

Statement in the judgment that the accused was arraigned and pleaded
is sufficient; the manner of statement of such fact is immaterial (People vs.
Cariaga)
2. Kinds of plea
No plea a plea of not guilty shall be entered
Conditional plea of guilt a plea of not guilty shall be entered
Not guilty case proceeds to trial or pre-trial
Guilty to a lesser offense if fiscal and offended party consents, conviction
under offense charged for purposes of double jeopardy
Info may be amended
Case goes to trial
Even if info is not amended, and even if lesser offense is not included in
offense charged, court may still find the accused guilty of that lesser offense
Guilty to a capital offense Court conducts searching inquiry to determine if accused was aware of
the charges, of his plea, and its consequences
Court requires prosecution to present evidence to prove guilt of accused
and determine his degree of culpability, and accused may still establish
presence of mitigating circumstances in his favor
Guilty to a non-capital offense Court receives evidence from the parties to determine penalty to impose
Plea of guilty not necessarily followed by conviction. Upon receipt of
exculpatory evidence (if accused pleaded guilty), trial court should consider
the plea withdrawn and in its place, order the plea of not guilty
Plea of guilty waives only defects which may be taken advantage of by
motion to quash or by plea in abatement; cannot cure jurisdictional defects.
3. Effects
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a. Entry of plea will waive

Right to question illegality of the arrest
Right to question any irregularity in the preliminary investigation
Right to file a motion to quash
b. Improvident plea of guilty may be changed to not guilty any time before
judgment is rendered
c. A plea of not guilty may not be changed to guilty, as doing so would only
spare the prosecution of presenting evidence and still result in the conviction
of the accused.
4. Remedies
a. Motion for specification
May be filed any time before plea, even after a MTQ
Filed when the information is insufficient in form or is generally
worded, that a Bill of Particulars is necessary to clarify the acts for
which the accused is being charged
b. Motion to quash
May be filed at anytime before plea is entered
Based on grounds provided by the rules
c. Motion to suspend arraignment
Filed when the accused seems mentally unsound or if there is a
prejudicial question in a pending civil case
d. Motion to withdraw an improvident plea of guilt
May be filed at any time before judgment of conviction becomes final,
when it can be shown that the accused was not aware of the significance of
pleading guilty to the charges

Rule 117 Motion to Quash

1.
Motion to quash a hypothetical admission that even if all the facts
alleged were true, the accused still cannot be convicted due to other reasons
2. When to file Motion to Quash
General Rule: Before entering plea; all grounds not raised deemed waived
Exception: The following grounds may be used in MTQ even after plea
No offense charged
Lack of jurisdiction over the offense charged
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Extinction of the offense or of the penalty

Double jeopardy
3. Grounds
a. Information does not conform to prescribed form
For the info to charge a complex crime, it is not necessary that it be
defined by law, only that it alleges that one offense was necessary to commit
the other (People vs. Alagao)
b. Court has no jurisdiction
No territorial jurisdiction
No jurisdiction over offense charged may be raised at any time; no
waiver considered even upon failure to move to quash on such ground
No jurisdiction over person of the accused
The court gained jurisdiction over the person of the accused when he
voluntarily appeared for the pre-suspension hearing (Layosa vs. Rodriguez)
c. Accused would be put in double jeopardy
Bars another prosecution
No waiver
No double jeopardy if first case was dismissed with the consent of the
accused (Que vs. Cosico), unless ground for dismissal is: (a) denial of right to
speedy trial; or (b) insufficiency of evidence.
If the first case was dismissed due to a deficient information, then there
was no valid information and there could be no double jeopardy (Caniza vs.
People)
Cudia vs CA it should be the Provincial Prosecutor of Pampanga, not the
City Prosecutor, who should prepare informations for offenses committed
within Pampanga but outside Angeles City. An information must be prepared
and presented by the prosecuting attorney or someone authorized by law. If
not, the court does not acquire jurisdiction. Although failure to file a motion
to quash the information is a waiver of all objections to it insofar as formal
objections to pleadings are concerned, questions relating to want of
jurisdiction may be raised at any stage of the proceedings. Moreover, since
the complaint or information was insufficient because it was so defective in
form or substance that conviction upon it could not have been sustained, its
dismissal without the consent of the accused cannot be pleaded as prior
jeopardy, and will not be a bar to a second prosecution.
d. More than one offense was charged, EXCEPT where law prescribes single
punishment for various offenses
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CRIMINAL PROCEDURE

e. Facts alleged do not constitute an offense

May be raised at any time
No waiver
For charge to be complete, it is necessary to state that it was exempted
from any amnesty existing at the time
f.

Criminal action or liability has been extinguished

g. Information contains allegations which, if true, would be a legal excuse or

justification
h. Officer who filed the information had no authority
Presentation of evidence cannot cure an invalid information (People vs.
Asuncion)
NOTE: Court will consider no other grounds other than those raised,
EXCEPT lack of jurisdiction over offense charged.
4. Requisites of Double jeopardy
a. Valid information or complaint, sufficient in form and substance
b. Before court of competent jurisdiction
Doctrine of Jurisdiction by Estoppel: depends upon whether the lower
court actually had jurisdiction or not. If it had no jurisdiction, but the case
was tried and decided upon the theory that it had jurisdiction, the parties are
not barred on appeal, from assailing such jurisdiction, for the same must
exist as a matter of law, and may not be conferred by consent of the parties or
by estoppel. However, if the lower court had jurisdiction, and the case was
heard and decided upon a given theory, such, for instance, as that the court
had no jurisdiction, the party who induced it to adopt such theory will not be
permitted, on appeal, to assume an inconsistent position that the lower
court had jurisdiction. Here, the principle of estoppel applies. The rule that
jurisdiction is conferred by law, and does not depend upon the will of the
parties, has no bearing thereon.
c. Accused had pleaded
d. Conviction, acquittal, or dismissal or termination of case without consent
of accused
e.
Bar to offense charged, attempt to commit the same or necessarily
includes or is necessarily included
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Conviction for physical injuries through reckless imprudence

constitutes double jeopardy to the charge of damage to property through
reckless imprudence.
5. Procedure
MTQ filed
If based on defect in info which can be cured, court shall order its
amendment
Quashing the info shall NOT be a bar to subsequent prosecution (accused
has not pleaded yet), EXCEPT when the ground is:
Double jeopardy OR
Extinction of criminal liability
6. Remedies
Motion to dismiss if certain grounds were not raised or denied in a MTQ
Trial
If there was really no basis for the info, then such could be proved in the
trial
Upon denial of a MTQ, the proper remedy is to go on trial and later to
appeal, if necessary; mandamus or certiorari will only be granted if there is
not other plain, simple and adequate remedy
7. Failure to move to quash or to allege any ground therefor deemed a waiver
of such grounds, except:
Failure to charge an offense
Lack of jurisdiction over the offense charged
Extinction of the offense or of the penalty
Double jeopardy
Rule 118 Pre-Trial
1. Plea bargaining process whereby the accused and the prosecution in a
criminal case work out a mutually satisfactory disposition of the case subject
to court approval. It usually involves the defendants pleading guilty to a
lesser offense or to only some of the counts of a multi-count indictment in
return for a lighter sentence than that for the greater charge.
Under Speedy Trial Act of 1997, in all criminal cases cognizable by the
MTC, MCTC, MeTC, RTC and Sandiganbayan, pretrial is mandatory.

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 Under SC Circular 38-98, implementing the Speedy Trial Act of 1997, an

accused may plea guilty to a lesser offense only if said offense is necessarily
included in the offense charged.
2. Stipulation of facts
Facts which both parties and respective counsels agree on as evidenced by
their signatures; these facts need not be proved by evidence in trial
Stipulation is inadmissible if unsigned by either accused or counsel; a later
memo of confirmation, signed only by counsel, cannot cure defect (Fule vs.
CA)
3. Pre-trial order binds the parties, limits the trial to matters not yet
disposed of, and controls the course of action during the trial
4. Procedure
Judge must calendar pre-trial
Either party may waive the pre-trial
If court appoints counsel de oficio, counsel has at least 2 days to prepare
In the pre-trial conference
Plea bargaining
Stipulation of facts
Marking of evidence (does not imply conceding to its admissibility or
credibility)
Waiver of objections to admissibility of evidence
Other matters which will promote a fair and expeditious trial
e. Judge issues pre-trial order
Rule 119 Trial
1. In trial, the defense tries
To assail the admissibility of evidence which prove the elements of the offense
charged
To assail the credibility of such evidence
To prove another version, possibly admitting certain evidence of the
prosecution and adding other evidence to cast reasonable doubt
Even in summary procedure, the judge cannot base his decision simply on
affidavits; he must give the defendant the chance to cross-examine (Combate
vs. San Jose)
2. Procedure
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CRIMINAL PROCEDURE

a. Parties notified of date of trial 2 days before trial date (R119, 1)

HOWEVER, under SC Circular 38-98, accused must be given at least 15
days to prepare for trial, which shall commence within 30 days from receipt of
Pre-Trial Order.
Accused may move that his witnesses be examined
Defense witnesses examined by any judge or lawyer
Prosecution witnesses, if they would be unable to attend trial, may be
examined by the judge handling the case
Trial continues from day to day, unless postponed for a just cause
Prosecution presents evidence
Presentation
Testimonies: direct examination
Cross-examination
Re-cross
Offer
Accused may move for discharge
Prosecution rests
Defense may, with or without leave of court, file a demurrer to evidence
Defense presents evidence
Defense rests
Prosecution presents rebuttal evidence
Defense presents rebuttal evidence
Trial is closed; case is submitted for judgment
3. When mistake made in charging proper offense
If Accused cannot be convicted of offense charged or offense necessarily
included therein
Accused detained, not discharged
Original case dismissed upon filing of proper information
Example: Charged with theft. At trial, appears that offense is estafa. The
prosecution can ask for the dismissal of the info in order to file a new one for
estafa. No Double Jeopardy because no valid info in the first case.
4. Application for examination of witnesses for accused before trial
Sick or infirm; unable to attend trial
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Resides more than 100 km. from means of trial; no means to attend
5. Application (prosecution)
Sick or infirm
Has to leave the RP with indefinite date of returning
6. Requisites for postponement due to absence of a witness
Witness is really material and appears to the court to be so
Party who applies for postponement has not been guilty of neglect
Witness can be had at the time to which the trial has been deferred
No similar evidence could be obtained
7. Requisites to discharge of an accused as State Witness
Testimony of accused absolutely needed
No other direct evidence available EXCEPT his testimony
Testimony can be corroborated on material points
Accused does not appear to be most guilty
Accused has never been convicted of offense involving moral turpitude
Discharge of accused, when not all the requisites were met, cannot be
revoked as long as he testified according to what was expected of him (People
vs. Aninon)
8. Remedies
a. Motion for separate trials
Filed by the fiscal to try several accused separately
Granted at the courts discretion
May also be ordered by the court motu proprio
b. Motion to consolidate
Upon the courts discretion, separate charges may be tried in one single
case if the offenses charged arise form the same facts or form part of a series
of similar offenses
Court allowed consolidation of rape cases substantially committed in the
same manner (People vs. David)
c. Motion for continuance filed to postpone trial for just cause
d. Motion to exclude public
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 Excluding parties, counsels and court personnel

May also be ordered by court motu proprio
e. Motion for discharge
Filed before the prosecution rests
Hearing to determine existence of requisites for discharge
Prosecution will present evidence and the sworn statement of the proposed
state witness
Evidence adduced in this said hearing automatically form part of trial;
however, if court denies motion for discharge, his sworn statement shall be
inadmissible in evidence.
Discharge of the accused has the effect of acquittal, unless accused fails or
refuses to testify against his co-accused in accordance with his statement
(which formed the basis for his discharge)
f.

Demurrer to evidence

May be made after the prosecution rests its case

If the court finds the prosecutions evidence insufficient, the case will be
dismissed
Otherwise, if demurrer denied
If the demurrer was made with leave of court, defense gets to present
evidence
If the demurrer was made without leave of court, defense is deemed to have
waived the right to present evidence and the case is submitted for judgment
Case may also be dismissed motu proprio
g. Motion to reopen
Filed after the case is submitted for judgment but before judgment is
actually rendered
To allow either side to present additional evidence, if such could not be
found before
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 Granted on discretion of the judge

The accused cannot move to reopen the case to allow him to adduce
evidence in his behalf when his failure to adduce them during the trial was
his own fault (People vs. Cruz)
Rule 120 Judgment
1. Judgment adjudication by the court that the accused is guilty or not
guilty of the offense charged, and the imposition of the proper penalty and
civil liability provided by law on the accused
2. General Rule: If the accused is found not guilty, he will be acquitted and
the acquittal immediately becomes final and executory. If the accused is
found guilty, penalty and civil liability will be imposed on him.
3. Accused may be convicted of
The offense charged
A lesser offense necessarily included in the offense charged
Accused cannot be convicted for an offense graver than that charged
(People vs. Guevarra)
4. Contents
Written in official language
Personally prepared and signed by the judge
Contains facts proved
Contains law upon which judgment is based
In case of conviction, judgment must state:
Legal qualification of offense and aggravating and mitigating circumstances
Level of participation
Penalty imposed
Civil liability for damages, unless right to separate civil action has been
reserved
In case of acquittal, judgment must state:
Civil liability for damages, unless acts alleged clearly did not exist
Basis of liability
5. Procedure
Judge reads judgment in presence of accused
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If judgment is of acquittal
It becomes final and executory
It bars subsequent prosecution for the same offense
c. If judgment is of conviction, remedy is to file:
Motion for reconsideration
Motion for new trial
Notice of appeal
Or else, judgment becomes final and is entered in the book of Judgments
6.

When judgment in a criminal case becomes final:

After lapse of period for perfecting an appeal; or

When sentence partially or totally satisfied or served; or
Accused has expressly waived in writing his right to appeal, EXCEPT in cases
of automatic review where death penalty is imposed
Accused has applied for probation
7. Only a judgment in conviction can be modified or set aside
Before judgment had been final (otherwise double jeopardy);
Before appeal had been perfected; or
To correct clerical errors in the judgment
8. Remedies
a. Appeal
Filed within 15 days of promulgation of judgment
Period is interrupted by filing of a motion for new trial or reconsideration
On motion of accused or at its own instance with consent of the accused
b. Motion for reconsideration
Filed when there are errors of law or fact in the judgment
Shall require no further proceedings
Notice should be given to the fiscal
c. Motion for new trial
Notice should be given to the fiscal
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CRIMINAL PROCEDURE

 Filed on the following grounds:

Error of law or irregularities have been made during trial which are
prejudicial to the substantial rights of the accused
ii. New evidence has been found which could not have been found before and
which could change the judgment
9. Procedure for new trial
Hearing shall be set and held
All evidence not alleged to be in error shall stand
New evidence will be introduced
Old judgment may be set aside and a new one rendered
10. Notes:
Suspension of sentence for youthful offenders after conviction, minor is
committed to custody and care of DSWD or any training institution until
reaches 21 years of age, or a shorter period
Probation
disposition under which a defendant after conviction and
sentences, is released subject to conditions imposed by the court and to the
supervision of a probation officer
Parole the conditional release of an offender from a penal or correctional
institution after he has served the minimum period of his prison sentence
under the continued custody of the state and under conditions that permit
his reincarceration if he violated the conditions of his release
Rule 121 New Trial or Reconsideration
1. Reopening of the case
Made by the court before judgment is rendered in the exercise of sound
discretion. Does not require consent of accused. May be made at the instance
of either party who can thereafter present additional evidence
2. Motion for new trial
Filed after judgment is rendered but before the finality thereof At the instance
or with the consent of the accused. The prosecution can move only for the
reconsideration of the judgment but cannot present additional evidence
3.

Motion for New Trial is denied if:

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Only impeaching evidence is sought to be introduced as the court had already

passed upon issue of credibility. Only corroborative evidence is offered.
Prisoner admits commission of crime with which accused is charged (facility
with which such confession can be obtained and fabricated). Alleged new
evidence is inherently improbable and could easily be concocted. Alleged new
evidence consists of recantations of prosecution witness, due to unreliability
of such recantations, EXCEPT if no other evidence to sustain conviction aside
from recanted testimony.
4. New Trial vs. Reconsideration
Motion for recon is based on the grounds of errors of law in the judgment is
court is not asked to reopen the case for further proceedings, but to
reconsider its findings or conclusions of law and make them conformable to
the law applicable to the case on the judgment the court has to render anew.
5. New Trial vs. Modification of Judgment
In New Trial, irregularities are expunged from the record and/or new
evidence is introduced. In modification of judgment, no new hearings or
proceedings of any kind or change in the record or evidence. A simple
modification is made on the basis of what is on the record.
6. New Trial vs. Reopening of the Case
New trial presupposes that existence of a judgment to be set aside upon
the granting of a new trial
In reopening, no judgment has yet been rendered, although the hearing
may have already been closed
7. Motion for Reconsideration
Grounds are errors of law or fact in judgment, which require no further
proceedings.
8. Effects of Granting Motion for New Trial or Reconsideration
a. Based on error of law or irregularities during trial:
Proceedings and evidence not affected by irregularities stand, and those
affected are set aside. Court may allow introduction of new evidence
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CRIMINAL PROCEDURE

b. Based on newly discovered evidence:

Evidence already taken shall stand; new evidence taken with the old
Rule 122 Appeal
1. Procedure
a. Filed with RTC, if original case was with MTC
Notice served to lower court and to adverse party
b. Filed with the CA or SC, if original case was with RTC
i.

With CA: notice of appeal with court, and with copy on adverse party

If CA is of opinion that penalty should be reclusion perpetua or higher, it

shall render judgment imposing said penalty, but refrain from entering
judgment and then certify the case and the entire record thereof to the SC for
review (R124, 13)
CA may reverse, affirm, or modify judgment of RTC, or remand case for
new trial or re-trial, or dismiss the case
If RTC decided case in appellate jurisdiction: Petition for Review
ii. With SC: notice of appeal where penalty imposed is life imprisonment, or
lesser penalty involving offenses committed on the same occasion, or arising
out of same occurrence where graver penalty of death is available but life
imprisonment is imposed; all other cases, by petition for review on certiorari
If death penalty, automatic review
iii. Withdrawal of appeal
May be made at any time before judgment on the appeal is rendered
Lower court judgment becomes final
Case remanded for execution of judgment
Once notice of appeal is filed, cannot be validly withdrawn to give way for a
Motion for Recon or a Motion for New Trial, since the filing of the notice
perfected the appeal, and the trial court loses its power to modify or set aside
37

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the judgment. The only valid withdrawal of an appeal is where the accused
decides to serve his sentence.
2. Effect of appeal by any of several accused
Shall not affect those who did not appeal, EXCEPT if favorable and applicable
to them
Civil appeal by offended party shall not affect criminal aspect of judgment
Execution of judgment on appellant will be stayed upon perfection of appeal
3. When appeal by prosecution from order of dismissal of criminal case will
not result in double jeopardy
Dismissal made upon motion or with express consent of the accused
Dismissal is not an acquittal nor based upon consideration of the evidence
or merits of the case
Question to be passed upon by the appellate court is purely legal so that if
the dismissal is found incorrect, the case has to be remanded to the court of
origin to determine the guilt or innocence of the accused
4. When serving sentence, remedy is to petition for habeas corpus
Filed when the law under which the accused was convicted is repealed or
declared unconstitutional
When a later judgment is rendered acquitting others for similar
circumstances
Otherwise, equal protection is violated
When penalty is lowered and convict has already served more than the
maximum period of the new penalty
Habeas corpus is available when a person is imprisoned beyond the
maximum penalty imposed by law (Gumabon vs. Dir. of Prisons)
NOTE: When dismissal is capricious, certiorari lies and no double jeopardy
since validity and not correctness of dismissal is being challenged.
Rule 126 Search and Seizure
1. Search warrant an order in writing issued in the name of the People of
the Philippines, signed by a judge and directed to a peace officer,
commanding him to search for personal property described therein and bring
it before the court
Cannot be issued to look for evidence (Uy Khetin vs. Villareal)

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 Seizing objects to be used as evidence is equivalent to forcing one to be a

witness against himself (Uy Khetin vs. Villareal)
For a warrant to be valid, it must meet the requirements set by law (Burgos
vs. Chief of Staff)
Tapping conversations is equivalent to a search and seizure (US vs. Katz)
2. General Rule: No search or seizure can be conducted unless it is
authorized by a search warrant. Evidence gathered from an illegal search and
seizure is inadmissible.

Warrantless searches are illegal, unreasonable and unconstitutional

(Alvarez vs. CFI)
It is not the police action which is impermissible, but the procedure and
unreasonable character by which it is exercised (Guazon vs. de Villa)
Court gains jurisdiction over items seized by a valid search warrant and
returned to it, and such is not an unconstitutional deprivation of property
(Villanueva vs. Querubin)
Evidence from an illegal search may be used as evidence, if no objection is
raised (Stonehill vs. Diokno)
Right against unreasonable search and seizure may be waived, but for the
waiver to be effective:
The right must exist
Person must be aware of the right
Person clearly shows the intent to relinquish such right
No waiver against unreasonable search and seizure when one compromises
the criminal proceedings (Alvarez vs. CFI)
There is no waiver of right when evidence of coercion is present (Roan vs.
Gonzales)
3. Requisites of a valid search warrant
a. Issued upon probable cause
Probable cause such facts and circumstances which would lead a
reasonably prudent man to believe that a crime has been committed and the
thing to be searched for and seized is in the place to be searched
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b. Probable cause is personally determined by the issuing judge

Hence, signed by him
By any RTC, to be served anywhere in the country, for an offense which
occurred anywhere in the country (Malaloan vs. CA)
c. Issuing judge personally examined, in the form of searching questions,
the appellant and his witness and took down their written depositions
d.
Search warrant particularly describes or identifies the property to be
seized
Property which men may lawfully possess may not be the object of a search
warrant (Uy Khetin vs. Villareal)
Nature of goods may allow description to be general or not too technical
(Alvarez vs. CFI)
e. Particularly describes the place to be searched
f.

It shall issue only for one specific offense

Otherwise, cannot be said to have issued upon probable cause (Asian

Surety vs. Herrera)
Absence of specific offense makes impossible determination of probable
cause (Stonehill vs. Diokno)
g. Was not issued for more than 10 days prior to a search made pursuant
thereto (search warrant becomes void after 10 days)
h. Indicates time, if to be served at night
4. When a search warrant may be said to particularly describe the thing to
be seized
Description is as specific as circumstances allow
Expresses a conclusion of fact by which the warrant officer may be guided
Things described are limited to those which bear a direct relation to the
offense for which the warrant is issued
5. Procedure
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a. Complainant files application, attaches affidavits

Oath requires that the person taking it personally knows the facts of the
case (People vs. Sy Juco)
Affidavits submitted must state that the premises is occupied by the
person against whom the warrant is issued, that the objects to be seized are
fruits or means of committing a crime, and that they belong to the same
person, thus, not affecting third persons (People vs. Sy Juco)
When complainants knowledge is hearsay, affidavits of witnesses are
necessary (Alvarez vs. CFI)
b.
Judge conducts ex parte preliminary examination of complainant and
witnesses under oath to determine probable cause
Judge must ask probing questions, not just repeat facts in the affidavit
(Roan vs. Gonzales)
c. Judge issues search warrant good for 10 days
d.
Peace officer in presence of occupant, members of the family OR 2
witnesses of sufficient age and discretion residing in the same locality
Search may last for more than a day as long as it is part of the same search
for the same purpose and of the same place (Uy Khetin vs. Villareal)
e. Peace officer leaves receipt with occupant at place searched
f. Peace officer files return of search warrant and inventory, and surrenders
items seized to receiving court (not necessarily court which issued the
warrant)
Items seized illegally must remain in custodia legis pending resolution of
the case (Roan vs. Gonzales)
6. Remedies from an unlawful search
MTQ the warrant
Motion to suppress as evidence the objects illegally taken
Return of property illegally seized
7. When a search may be validly conducted without a warrant
Without consent of person searched
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When the search is incident to a lawful arrest

Personal knowledge of the arresting person (Posadas vs. CA)
Limited to:
(1) Immediate time of arrest
(2) Immediate vicinity of the arrest
(3) Weapons and things which may be used as proof of offense charged
(Nolasco vs. Pano)
iii.
Subject in an offense which is mala prohibita cannot be summarily
seized (Roan vs. Gonzales)
iv. May extend beyond arrestee to include premises and surrounding under
his immediate control
Border searches (customs, mail and airport)
Vessels and aircrafts for violation of Tariff and Customs Code, EXCEPT
dwelling houses
Plain view
Moving vehicle
Hot pursuit
Stop-and-frisk, reasonable check-points
Private searches with no state action (People vs. Marti)
Inspection of building and premises for enforcement of fire, sanitary and
building regulations
8. Person making the arrest may take from the arrestee
Properties used in the commission of the crime
Fruits or proceeds thereof
Property which may furnish the arrestee with a weapon against the arresting
person
Property which may be used as evidence at the trial
9. NOTES:
Constitution, Art. III, Sec. 2
The right of the people to be secure in their persons, papers, houses and
effects against unreasonable searches and seizures of whatever nature and
for any purpose shall be inviolable, and no search warrant or warrant of
arrest shall issue except upon probable cause to be determined personally by
the judge after examination under oath or affirmation of the complainant and
the witnesses he may produce, and particularly describing the place to be
searched and the persons or things to be seized.
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 Constitution, Art. III, Sec. 3

The privacy of communication and correspondence shall be inviolable except
upon lawful order of the court, or when public safety or order requires
otherwise as prescribed by law.
Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in the proceeding.
Rule 127 Provisional Remedies in Criminal Cases
1. Attachment as provisional remedy in criminal cases
Accused is about to abscond from RP
Criminal action is based on a claim for money or property embezzled or
fraudulently misapplied or converted to the use of the accused who is a
public officer, or any officer of a corporation, or an attorney, factor, broker,
agent or clerk in a fiduciary capacity, in willful violation of duty
Accused has concealed, removed or disposed of his property, or is about to do
so
Accused resides outside the RP

Reference:
Remedial Law (Criminal Procedure) Memory Aid

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