JOHN WESLEY SCHOOL OF LAW

Wesleyan University-Philippines
CRIMINAL PROCEDURE
Dean J.V. Bautista
S Y L L A B U S: Part 4
(1 Semester, SY 2016-17)
ST

RULE 112 PRELIMINARY INVESTIGATION

(Amended by A.M. No. 05-8-26-SC, October 3, 2005)
Preliminary investigation defined; when required, Sec. 1
Definition: An inquiry or proceeding to determine whether
there is sufficient ground to engender a well-founded
belief that (a) a crime has been committed and (b) the
respondent is probably guilty thereof, and should be
held for trial.
Quantum of evidence required: existence of probable cause
Buchanan v. Vda. De Esteban, 32 Phil. 365 (1915)
Webb v. De Leon, 247 SCRA 652 (1995)
NBI Microsoft Corp. v. Hwang, 460 SCRA 429 (2005)
Mandatory or matter of right in cases cognizable by RTC; and
in MTC where penalty for offense is at least 4 years, 2
months, 1 day (prision correccional, maximum)
Where the law provides for P.I. and such right is claimed by
the accused, denial thereof is denial of due process
Matalam v. Sandiganbayan, 455 SCRA 736
Cojuangco v. PCGG, 190 SCRA 226 (1990)
Right to P.I. is a personal right, which may be waived expressly
or impliedly (e.g., failure to demand such right; nonappearance at the investigation)
- Entry of plea on arraignment is waiver of right to P .I.
- In warrantless arrest, refusal to waive Art. 125, R.P.C.
is waiver of right to P.I.
Pilapil v. Sandiganbayan, 221 SCRA 349 (1993)
Officers authorized to conduct preliminary investigations, Sec. 2
As amended by A.M. No. 05-8-26-SC, October 3, 2005: Judges
of MTC/MCTC are no longer included
Other officers as may be authorized by law:
(a) Ombudsman, under R.A. No. 6670; primary jurisdiction in cases cognizable by Sandiganbayan
(b) PCGG, under E.O. Nos. 1 and 14
Cojuangco v. PCGG, Supra.

CRIMINAL PROCEDURE SYLLABUS4/Page 02.

(c) COMELEC, in cases involving election offense
People v. Inting, 187 SCRA 788
Procedure, Sec. 3
Within 10 days from filing of complaint, investigating officer
shall either: (a) dismiss; (b) issue subpoena to respondent
Within 10 days from receipt of subpoena: Counter-affidavits
of respondent and witnesses;
No motion to dismiss allowed
Presence of respondent not indispensable (i.e., cannot be subpoenaed or does not submit counter-affidavit)
Clarificatory hearing: questions to be submitted to and asked by
investigating officer; no right to cross-examination
P.I. is not the occasion for full and exhaustive display of the
parties' evidence
Resolution of investigating prosecutor and its review, Sec. 4
DOJ authority over Chief Prosecutors
Sec. 39, 1987 Administrative Code
Ledesma v. CA, Supra.
Community Rural Bank of Guimba (N.E.) v. Talavera, Supra.
DOJ Circular No. 70 (2000 NPS Rule on Appeal)
Appeal by filing verified Petition for Review before the
Secretary of Justice within 15 days from receipt of
Resolution or denial of M.R.
If Information already filed in Court, copy of Motion to
Defer Proceedings must be attached to the petition
Ground for a Motion to Suspend Arraignment, where
suspension shall not exceed 60 days from filing of
petition in DOJ, Sec. 11(c), Rule 116
Filing of Information
Crespo v. Mogul, Supra.
Roberts Jr. v. CA, 254 SCRA 307 (1996)
Warrant of arrest can only be issued by a judge, Sec. 2, Article III,
1987 Constitution
When warrant of arrest may issue, Sec. 5
(a) By the Regional Trial Court
Judicial determination of probable cause: within 10 days
from filing of complaint or information
Motion for Judicial Determination of Probable Cause
(b) By the Municipal Trial Court
(c) When warrant of arrest not necessary
1. Accused is already detained by virtue of MTC warrant
2. Warrantless arrest, under Sec. 6
3. Offense is penalized by fine only

CRIMINAL PROCEDURE SYLLABUS4/Page 03.

Bail not a bar to objections on illegal arrest, lack of or irregular
preliminary investigation, Sec. 26, Rule 114
RULE 113 ARREST
Definition of Arrest, Sec. 1
The taking of a person into custody in order that he may be
bound to answer for the commission of an offense
Jurisdiction over the person of the accused acquired:
(a) when he is arrested by virtue of a warrant
(b) voluntary surrender
(c) when he files a motion to quash raising grounds other
jurisdiction over his person
Invalidity of arrest and detention can be cured by filing of
information and issuance of warrant of arrest
Larranaga v. CA, 287 SCRA 581 (1998)
Also, by entering a plea on arraignment and participating in
the trial
People v. Macam, 238 SCRA 306
Arrest; how made, Sec. 2
(a) by an actual restraint of the person to be arrested
(b) submission of person to be arrested to the custody of the
person making the arrest
Duty of arresting officer, Sec. 3
Execution of Warrant, Sec. 4
Must be executed within 10 days from receipt; if not executed,
officer must make a return within 10 days from lapse;
But warrant remains enforceable until it is executed, recalled,
Quashed, or otherwise specifically provided in warrant
Time of making arrest, Sec. 6
On any day and at any time of the day or night
Method of arrest by officer by virtue of warrant, Sec. 7
Officer need not have the warrant in his possession at the time
of the arrest
Mallari v. CA, 265 SCRA 456
Right of attorney or relative to visit person arrested, Sec. 14
Attorney has the right to visit and confer privately with person
arrested at any hour of the day or night
Right to have competent and independent counsel, Sec. 12(1), Art. III
1987 Constitution

CRIMINAL PROCEDURE SYLLABUS4/Page 04.

RULE 114 BAIL
Right to bail, Sec. 13, Art. III, 1987 Constitution
Bail defined, Sec. 1
Bail, a matter of right, Sec. 4
(a) MeTC, MTC, MTCC, MCTC: before or after conviction
(b) RTC: before conviction, of an offense not punishable by
Reclusion perpetua or life imprisonment (bailable)
Exceptions:
1. in offenses punishable by reclusion perpetua (or life
imprisonment), when evidence of guilt is strong, Sec. 7;
2. Right to bail not available in the military: Comendador v.
De Villa, 200 SCRA 80 (1991)
Bail, when discretionary, Sec. 5
(a) upon conviction by RTC of bailable offense, file in RTC
(b) where conviction by RTC changed offense from nonbailable to bailable, file in CA
Bail can be availed of only by person in custody of the law or deprived of his liberty: Comia v. Antona, 337 SCRA 656
Any person in custody not yet charged in court may apply for
bail with any court in the province, city, or municip[ality
where he is held, Sec. 17(c)
Application for Bail/Petition for Bail/Motion for Admission to Bail
Hearing is mandatory: Docena-Caspe v. Judge Bugtas, 400
SCRA 37 (2003)
Prosecution must be notified of hearing (Sec. 18)
Hearing may be summary or otherwise
Prosecution has burden of proof (Sec. 8)
Evidence presented automatically reproduced at trial, but Court
may recall any witness
Provisional bail granted by SC: Enrile v. Salazar, G.R. No.
92163, June 5, 1990 (En banc)
Purpose of bail: to guarantee the appearance of the accused at the trial:
Enrile v. Sandiganbayan, G.R. No. 213847, Aug. 18, 2015
A.M. No. 12-11-2-SC, Guidelines for Decongesting Holding Jails
By Enforcing the Rights of Accused Persons to Bail and to
Speedy Trial (March 18, 2014)
Forfeiture of bail, Sec. 21
Appearance of accused required:
(a) arraignment, Sec. 1(b), Rule 116

CRIMINAL PROCEDURE SYLLABUS4/Page 05.

(b) when required by Court for identification
(c) promulgation of judgment, Sec. 6, Rule 120
Bail to secure appearance of material witness, Sec. 14, Rule 119
Where material witness (for prosecution or accused) will not
testify when required, court may order witness to
post
bail upon motion by either party, upon proof or oath
RULE 115 RIGHTS OF THE ACCUSED
Sec. 14, Art. III, 1987 Constitution
Rights of accused at the trial, Sec. 1
A. Presumption of innocence
Rationale: to lighten and even reverse the heavy odds
against the accused who is confronted by the full
panoply of State authority
People v. Godoy, 250 SCRA 676 (En banc)
This presumption must be overcome with proof beyond
reasonable doubt
People v. Villaran, 269 SCRA 630
Any doubt as to the guilt of the accused must be resolved
in favor of the constitutional presumption of innocence
Equipoise Rule: People v. Urzais, G.R. No. 207662, April
13, 2016 (Cabanatuan City case)
B. Right to be informed of accusations
See discussions on Information under Rule 110
Safeguards to this right: provisions of the Rules on preliminary investigation, arraignment, requirements for sufficient allegations in the information, bill of particulars,
and rules against duplicity
People v. Navarrete, G.R. No. L-43833, Nov. 28, 1980
C. Right to be present and to defend in person or by counsel
Both a right and a duty (Accused may waive his presence,
except when his appearance is required)
Trial in absentia, Sec. 14(2), Art. III, 1987 Constitution
Conditions: (a) accused is arraigned; (b) duly notified of
trial hearing; (c) failure to appear is unjustified
Right to Counsel
Right to effective counsel who can be made to act in
protection of accuseds rights
People v. Rodolfo dela Cruz, 279 SCRA 245
During custodial investigation

Counsel of own choice: Pp v. dela Cruz, Supra.

CRIMINAL PROCEDURE SYLLABUS4/Page 06.
Waiver of right to counsel: must be in the presence
of counsel and in writing
People v. Antonio Enrile, G.R. No. 74189, May 26
1993 (J. Cruz)
During arraignment
Duty of court to inform accused of his right to
counsel, Sec. 6, Rule 116
Appointment of counsel de oficio, Sec. 7, Rule 116
Time for counsel de oficio to prepare for arraignment, Sec. 8, Rule 116
During trial
Public attorneys duties where accused is imprisoned, Sec. 7, Rule 119
On appeal
Appointment of counsel de oficio for accused on
appeal, Sec. 13, Rule 122
Appointment of counsel de oficio for the accused,
Sec. 2, Rule 124
Right to counsel covers the period beginning from custodial
investigation, well into the rendition of judgment, and
even on appeal: People v. Serzo, 274 SCRA 553
Denial of the right to counsel is reversible error
People v. Holgado, 85 Phil. 752 (1950, En banc)
D. Right to remain silent
Miranda doctrine, Sec. 12(1), Art. III, 1987 Constitution
People v. Ayson, 175 SCRA 216 (1989)
E. Right against self-incrimination
Sec. 17, Art. III, 1987 Constitution. No person shall be compelled to be a witness against himself
The essence of the privilege is testimonial compulsion; but
also includes furnishing of evidence by other means of
any fact that the accused has the right to keep secret
(e.g., handwriting sample, unless he takes the witness
stand and denies handwriting as his)
Purely mechanical acts not included in this privilege (e.g.,
paraffin test, police line-up, photographed or measured)
F. Right to confrontation
Purpose: to secure opportunity of cross-examination (main)
and to enable the judge to observe the demeanor of witnesses (secondary): U.S. v. Javier, 37 Phil. 449 (1918)
(J. Malcolm, En banc)
Right is limited to proceedings before the trial court, at trial

Confrontation applied only to witnesses who testify during

CRIMINAL PROCEDURE SYLLABUS4/Page 07.
trial, and not to complainant who does not take the stand
G. Right to compulsory processes
Includes right to subpoena duces tecum
Available and must be invoked during trial
H. Right to speedy, impartial, and public trial
A.M. No. 12-11-2-SC (Supra.)
Conde v. Rivera, 45 Phil. 650: Case dismissed because the
accused was made to dance attendance on courts
(J. Malcolm)
People v. Cloribel, 11 SCRA 805: The dismissal complained of was not truly a dismissal but an acquittal. For it was
entered upon the defendants insistence on their constitutional right to speedy trial and by reason of the prosecutions failure to appear on the date of trial.
Inordinate delay in terminating P.I. and filing of Information
against the accused by Tanodbayan violated his right to
speedy disposition of his case: Tatad v. Sandiaganbayan,
G.R. No. 72335-39, Mar. 21, 1988 (En banc)
Prejudicial publicity
Webb v. De Leon, Supra.
Larranaga v. CA, Supra
I. Right to appeal
Statutory right, not Constitutional; Strict compliance with all
the requirements of the Rules is a requisite for those who
will avail of it
Automatic review by CA of RTC judgment imposing death
penalty, Sec. 3(d), Sec. 10, Rule 122
RULE 116 ARRAIGNMENT AND PLEA
Implementation of Constitutional right to be informed of the nature
and cause of the accusation against him
Remedies available before arraignment of accused:
Motion for Conduct of P.I. or Reinvestigation, Sec. 6, Rule 112
Motion to Quash Search Warrant, Sec. 14, Rule 126
Motion to Quash Information, Sec. 1, Rule 117
Motion for Bill of Particulars, Sec. 9
Motion for Suspension of arraignment, Sec. 11
(a) accused appears to be suffering from an unsound
mental condition

(b) prejudicial question

CRIMINAL PROCEDURE SYLLABUS4/Page 08.
(c) pending Petition for Review in DOJ or OP, but
period of suspension shall not exceed 60 days
Upon arraignment, these remedies are deemed waived
Arraignment and plea; how made, Sec. 1
Appearance of accused mandatory, Sec. 1(b)
Accused must personally enter his plea, otherwise void
Information must be read in a language or dialect known to the
accused, otherwise arraignment is null and void
Appearance of offended party required, but not mandatory
In case of absence of offended party: court may allow
accused to enter a plea of guilty to a lesser offense, with
conformity of trial prosecutor
No valid judgment can be rendered upon an invalid arraignment
People v. Alicando, 251 SCRA 293 (En banc)
Plea of guilty to a lesser offense, Sec. 2
(a) must be with the consent of offended party and prosecutor
(b) lesser offense must be necessarily included in offense charged
Plea of guilty to capital offense; reception of evidence, Sec. 3
(a) searching inquiry to be conducted by Court
People v. Alicando, Supra. Plea of guilt to capital offense is
null and void where Court inadequately discharged
duty of conducting searching inquiry
(b) prosecution must present evidence to determine the precise
participation and degree of culpability of accused (mandatory)
(c) Court should require whether or not accused wishes to present
evidence on his behalf, and allow him to do so if he so desires
Withdrawal of improvident plea, Sec. 5
(a) at any time before judgment of conviction becomes final
(b) withdraw improvident plea and substitute by not guilty plea
RULE 117 MOTION TO QUASH
Time to move to quash, Sec. 1
Rule: motion must be filed before arraignment
Exceptions: (a) no jurisdiction over the offense charged; (b)
information does not charge an offense; (c) offense or
penalty has been extinguished; (d) double jeopardy
Form and contents, Sec. 2
Litigable motion (will prejudice the rights of the adverse party);
hearing required, Secs. 4, 5, 6, Rule 15

Three-Day Notice Rule, Sec. 4, Par. 2, Rule 15

CRIMINAL PROCEDURE SYLLABUS4/Page 09.
Grounds, Sec. 3
A. Facts charged do not constitute an offense
Mendoza-Ong v. Sandiganbayan, 414 SCRA 181: matters
aliunde are not considered
Curable by amendment of information (Sec. 4)
Test is sufficiency of averments in the information (whether
the facts alleged, if hypothetically admitted,
constitute
the elements of the offense)
Not waived, even if not raised in motion, Sec. 9
B. Court has no jurisdiction over the offense
Lack of jurisdiction can be raised at any time, even for the
first time on appeal; not waived
C. Court had no jurisdiction over the person of the accused
Must be the sole ground raised (and no other), and only for
that purpose
Raising other grounds for motion to quash, or takes part in
proceedings (e.g., counsel cross-examines the witness),
accused is deemed to have submitted his person to the
jurisdiction of the Court
D. Officer who filed information had no authority
This ground may be raised if the information was without
approval of the head of the prosecuting office
In private crimes, where sworn complaint was signed by
the chief of police instead of offended party, the proper
ground for quashal is lack of jurisdiction, not this section
E. Information does not conform substantially to prescribed
form
Defects of form are waived if not objected to in a motion
to quash; but curable by amendment
F. More than one offense is charged (Duplicitous information),
Cf., Sec. 13, Rule 110 (Duplicity of offense), prohibition
Purpose: to protect accused from confusion and difficulty
in making his defense
Exception: When a single punishment for various offenses
is prescribed by law:
(a) Complex crimes, Art. 48, R.P.C.
(b) Special complex crimes or composite crimes,
Art. 294 (Robbery w/ Homicide, or w/ Rape)
Art. 297(Attempted and Frustrated Robbery

w/ Homicide)
Art. 335(Rape w/ Homicide)
CRIMINAL PROCEDURE SYLLABUS4/Page 10.
(c) Those in special laws where a single punishment is
imposed for various offenses
Also, no duplicitous information where:
(a) allegations of the acts imputed to the accused are only
to show the modes of commission of the crime
People v. Buenviaje, 47 Phil. 536
(b) allegations are merely different counts specifying the
acts of perpetration of the same crime
US v. Sotto, 36 Phil. 389
(c) the other offense stated in the information only an
ingredient or essential element of the real offense
charged
People v. Camerino, 108 Phil. 79
May be waived, if not raised in motion to quash
G. Extinguishment of criminal action or liability
Art. 89, R.P.C. How criminal liability is totally extinguished
Not waived, even if not raised
H. Information contains averments which, if true, would
constitute legal excuse or justification
Legal excuse or justification are: justifying circumstances
(Art. 11, R.P.C.); exempting circumstances (Art. 14,
R.P.C.); absolutory causes (Arts. 6(3), 16, 20, 247, and
332, R.P.C). Also, privileged communication in Libel
I. Double jeopardy
Sec. 21, Art. III, 1987 Constitution: Doctrine on Double
Jeopardy
A judgment of acquittal is immediately final and unappealable
on the ground of double jeopardy
Exception: where a mock trial deprived the prosecution
of due process, resulting in a mistrial, there is no
double jeopardy Galman v. Sandiganbayan, 144
SCRA 43 (En banc, C.J. Teehankee)
People v. Hon. Velasco, 340 SCRA 207 (En banc)
Elements: (a) valid complaint or information; (b) filed before
a competent court; (c) to which the accused had pleaded;
and (d) of which he had been previously acquitted or
convicted or which was dismissed or otherwise terminated without his express consent
Not waived even if not raised in motion, Sec. 9

Caes v. IAC, Supra. Even if dismissal denominated as provisional, accused still entitled to protection of double
jeopardy where he did not give his express consent to the
CRIMINAL PROCEDURE SYLLABUS4/Page 11.
provisional dismissal (and his right to speedy trial was
denied)
No double jeopardy where dismissal is made on motion of
the accused:
Exceptions: (a) Demurrer to evidence (People v.City of
Silay); and (b) Dismissal on ground of denial of
right to speedy trial (People v.Cloribel)
Sec. 7. Former conviction or acquittal; double jeopardy.
Effect of sustaining the motion to quash, Sec. 5
Order sustaining the motion to quash not a bar to another prosecution;
exception, Sec. 6
Sustained grounds which will bar another prosecution:
(a) extinguishment of criminal action or liability
(b) double jeopardy
Provisional dismissal, Sec. 8
Requirements: (a) express consent of accused; (b) notice to the
offended party
Becomes permanent dismissal, if not revived:
(a) 1 year after issuance of order, where offense is punishable by 6 years or less or fine;
(b) 2 years after issuance of order, where offense is
punishable by more than 6 years
Time-bar under this rule does not reduce periods under Art. 90
of the R.P.C.; The State may revive a criminal case
beyond the 1-year and 2-year periods, provided there is
justifiable necessity for the delay
People v. Lacson, 400 SCRA 267 (En banc)
RULE 118 PRE-TRIAL
Pre-trial; mandatory in criminal cases, Sec. 1
Unlike in civil cases, presence of accused not required in
pre-trial in criminal cases; parties not required to file
pre-trial brief
Pre-trial order, Sec. 4
Pre-trial agreement, Sec. 2
Stipulations and admissions can be used against accused, if:
(a) reduced in writing
(b) signed by accused and counsel

Non-appearance at pre-trial conference, Sec. 3

Imposition of proper sanctions/penalties for non-appearance:
CRIMINAL PROCEDURE SYLLABUS4/Page 12.
(a) counsel for accused
(b) prosecutor
Exception: where acceptable excuse is offered
RULE 127 PROVISIONAL REMEDIES IN CRIMINAL CASES
Availability of provisional remedies, Sec. 1
Provisional Remedies: Rule 57 (Preliminary Attachment);
Rule 58 (Preliminary Injunction); Rule 59 (Receivership)
Rule 60 (Replevin); Rule 61 (Support Pendente Lite)
Available only in connection with the civil action instituted
However, preliminary injunction is generally not available to
restrain the criminal action or prosecution thereof, as
criminal prosecution is imbued with public interest
Attachment, Sec. 2
Property of accused may be attached as security for the satisfaction of judgment that may be recovered from accused
RULE 119 TRIAL
Order of trial, Sec. 11
1. Prosecution presents evidence to prove the charge, including
civil liability
(2. Demurrer to evidence , Sec. 23)
3. Accused presents evidence to prove defense, and damages
arising from issuance of provisional remedy
4. Prosecution may present rebuttal evidence
5. Accused may present surrebuttal evidence
6. Case deemed submitted for decision; Court may direct filing
of written memoranda
Reverse trial, where accused interposes self-defense
A.M. No. 12-8-8-SC, Judicial Affidavit Rule (January 1, 2013)
Judicial Affidavit takes the place of direct testimony of witness
Applicable in criminal actions where:
(a) maximum imposable penalty does not exceed 6 years
(b) irrespective of the penalty involved, if the accused
agrees to its use
(c) irrespective of penalty involved, with respect to the
civil aspect of the action
Time to file by the prosecution: at least 5 days from pre-trial;
by the accused: within 10 days from receipt

Discharge of accused to be state witness, Sec. 17

By motion of prosecution; before the prosecution rests its case
CRIMINAL PROCEDURE SYLLABUS4/Page 13.
Requirements for discharge of accused as state witness:
(1) discharge must be with the consent of the accused;
(2) his testimony must be absolutely necessary;
(3) there is no other direct evidence available for the
proper prosecution of the offense committed;
(4) his testimony can be substantially corroborated in its
material points;
(5) he does not appear to be the most guilty
(6) he has not at any time been convicted of any offense
involving moral turpitude
People v. Rodrigo, 512 SCRA 360: Courts finally determine
whether the requirements have been satisfied
Discharge of accused operates as acquittal, Sec. 18
People v. Larranaga, 421 SCRA 530
Exclusion of the public, Sec. 21
(a) motu proprio by the Court or on motion by accused;
(b) if evidence will be offensive to decency or public morals;
(also, where minor will testify; confidential proceedings)
Trial in absentia
Sec. 14(2), Art. III, 1987 Constitution (Supra)
Prosecution rests after the Court rules on its Formal Offer of Evidence
Demurrer to evidence, Sec. 23
Ground: insufficiency of evidence
After the prosecution rests:
(a) Court may dismiss motu proprio, after giving prosecution opportunity to be heard;
(b) accused may file demurrer to evidence
Filing of motion; periods:
- Motion for Leave to File Demurrer to Evidence,
within 5 days after prosecution rests
- Prosecution may file Opposition, within 5 days
- If leave of Court is granted: file Demurrer to
Evidence, within 10 days from notice
- Prosecution may file Opposition, within 10 days
All periods are non-extendible
If Demurrer to Evidence is denied by the Court:
- If with leave, accused may adduce evidence
- If without leave, accused waives right to present
evidence and submits case for judgment

Dismissal has the effect of a judgment on the merits and

operates as an acquittal (exception to double jeopardy)
People v. City of Silay, 74 SCRA 248. Grant of demurrer
CRIMINAL PROCEDURE SYLLABUS4/Page 14.
amounted to an acquittal on the merits, and even if on
certiorari evidence against accused is found to be
sufficient, double jeopardy will attach. J. Munoz-Palma:
However erroneous the order of the respondent Court is
and although a miscarriage of justice resulted from said
order, such error cannot now be lighted because of the
timely plea of double jeopardy.
Motion to Reopen, Sec. 24
At any time before finality of judgment of conviction
May also be made by Court motu proprio
Ground: to avoid a miscarriage of justice
Hearing is mandatory: Cabarles v. Maceda, 516 SCRA 303
References:
Santiago, Miriam Defensor, Rules of Court Annotated: Volume II,
2015 ed.
Regalado, J. Florenz, Remedial Law Compnedium: Volume Two.
2004 ed.