PRELIMINARIES Exceptions to the rule that the place where the
crime is committed determines jurisdiction:
Jurisdiction over Person of Accused (AV)
- Arrest
- Voluntary Surrender in court
VENUE of Criminal Action
 In the court where the (CE)
1) offense was committed
2) its essential ingredients
occurred
 Determined by allegations in the C/I
 Vehicle = passed, departure, arrival
(PDA)
 On board a vessel = (1) FIRST point of
entry (2) any territory passed
 Outside the PH but punishable under
Art. 2, RPC = where criminal action
FIRST filed
 Continuing offenses – estafa, abduction,
malversation, libel, kidnapping, BP 22
o Courts of the territories where
the essential ingredients of the
crime took place have
concurrent jurisdiction
Written Defamation (in RTC)
 GR: First printed and published
 Private individual – resides at time of
crime
 Public officer – RTC where he held
office at time of crime
Note:
 If wrong venue, can file a MOTION TO
QUASH, on the ground of no jurisdiction
 Venue is jurisdictional; hence, it can be
raised at anytime, even during appeal.
Original Jurisdiction of the Sandiganbayan:
1. Listed:
1. Transitory and continuing offenses
2. RPC Art. 2 – where criminal action
is first filed
3. Human Security Act
RPC Art. 2 – Exception to territoriality (SCINE)
1. Philippine airships and ships
2. Forgery or counterfeiting of Philippine
notes or Gov’t obligations and
securities
3. Introduction of said notes or
obligations and security into the
Philippines
4. Crimes against national security and
law of nations
5. Public officers and employees
committing an offense in the exercise
of their functions
Criminal Jurisdiction of Courts
a) MTC (BOP 64)
1. Violations of BP 22
2. Violations of city/municipal
Ordinances
3. EOJ over damage to Property
through criminal negligence
4. Offenses < 6 years
5. Fine < 4,000
b) RTC (MWEEDO)
1. Money-laundering cases
2. Written defamation
3. Cases not falling within EOJ of
any court, tribunal or body
4. Violation of Omnibus Election
Code
5. Dangerous Drugs Act
6. Hold-Departure Orders
a. Provincial governors, vice-governors,
members of the sangguniang
panlalawigan and provincial
treasurers, assessors, engineers and
other provincial department heads;
b. City mayors, vice-mayors, members
of the sangguniang panlungsod, city
treasurers, assessors engineers and
other city department heads;
c. Officials of the diplomatic service
occupying the position of consul and
higher;
d. Philippine army and air force
colonels, naval captains, and all
officers of higher rank;
e. Officers of the Philippine National
Police while occupying the position
of provincial director and those
holding the rank of senior
superintendent or higher;
f. City and provincial prosecutors and
their assistants, and officials and
prosecutors in the Office of the
Ombudsman and special prosecutor;
g. Presidents, directors or trustees, or
managers of government-owned or
-controlled corporations, state
universities or educational
institutions or foundations;
2. Members of Congress and officials thereof
classified as Grade 27 and up;
3. Members of the judiciary without prejudice
to the provisions of the Constitution;
4. Chairmen and members of Constitutional
Commissions, without prejudice to the
provisions of the Constitution; and
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5. All other national and local officials
classified as Grade 27 and higher
6. Other offenses or felonies whether simple
or complexed with other crimes committed
by the public officials and employees
mentioned
7. Civil and criminal cases filed pursuant to
and in connection with Executive Order
Nos. 1, 2, 14 and 14RA, issued in 1986
Sandiganbayan (GR-epol)
- At least salary grade 27
- Act was committed in relation to office
- Other executive officials by express
provision of law (epol)
- As long as one of the accused
In Relation to Office (CWO)
- office is a constitutive element of the
offense
- Without the office the crime would not
have been committed.
OMB Jurisdiction:
1. Any malfeasance/misfeasance/omission
by a public officer (even not related to
official duties)
2. Primary jurisdiction over cases
cognizable by the SB (may take over at
any stage)
3. Jurisdiction over cases cognizable by
regular courts
Reviewing actions by the OMB:
1. Admin case – CA Rule 43
2. Criminal case with GADALEJ – SC Rule
65
Admin cases in the OMB are not appealable 2. Municipal ordinance – 2M
(unless GADALEJ) if: 3. Election law – 5Y
1. Public censure or reprimand 4. Genocide – Never
2. Suspension of not more than 1 month
3. Fine if not more than 1 month salary Complaint / Information S2 (WPPRO)
- CI shall be in writing
Powers of the SOJ: - In the name of People of the Phil.
1. Direct control and supervision over - Against all persons
prosecutors - Who appear to be responsible
2. Act directly whenever a specific - For the offense.
function is entrusted by law or
regulation to a subordinate Complaint S3 (SPOPE)
3. Direct performance of duty - Sworn written statement
4. Approve, revise, modify acts and - Charging a person with an offense
decisions of subordinate officials or - Subscribed by the offended party
units - Any peace officer, or other public
Representation of the people: officer
1. RTC/MTC – Fiscal or Prosecutor - Charged with the enforcement of the
2. CA/SC – Office of the Solicitor General law violated
RULE 110 Information S4 (APOP-C)
Prosecution of Offenses - An accusation in writing
- Charging a person with an offense
How are Criminal Actions Instituted - Subscribed by the prosecutor
MM/Chartered OMM / Outside - And filed with the court
Cities Chartered Cities
Office of the Office of the
With PI
Prosecutor Prosecutor Who Must Prosecute Criminal Action S5 (CC-
NO PI OP OP/MTC PDP)
Summary
OP OP/MTC
- All criminal actions
Procedure - Either commenced by C/I
- Shall be prosecuted
Prescription of offenses (interrupted by any - Under the direction and control
proceeding, including executive): - Of a public prosecutor
1. Act 3326 (SPL):
a. Fine and imprisonment up to 1M – Note: Matters of presentation of witnesses by
1Y the prosecution and the determination of which
b. If more than 1M, less than 2Y – 4Y evidence to present rests upon the prosecution.
c. If 2Y or more, less than 6Y – 8Y
d. If 6Y or more, except treason – 12Y
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Duties of a public prosecutor:
1. Conduct PI
2. Prosecute a case
3. Conduct Inquest proceedings
Private Crimes – need complaint filed by an
OFFENDED party. (MTQ if by prosecutor)
Private Crimes: (CA SAL D)
1. Concubinage
2. Adultery
3. Seduction
4. Abduction
5. Acts of Lasciviousness
6. Defamation which consists of the
imputation of any of the above
offenses.
Note:
- Minor, Parents, grandparents, and
guardians if minor for SAL.
- No prosecution if expressly pardoned
by any
- Minor Dies/ incapacitated = State
Prosecution of Adultery and Concubinage
(BCPC)
-the offended party cannot institute criminal
action if:
1. Without including BOTH guilty parties
(if alive)
2. Offended party has consented or
pardoned the offenders
3. Without the complaint filed by the
offended spouse
Offended spouse: ALWAYS the HUSBAND of the
adulterous woman
But note that as a general rule, A complaint for
purpose of PI can be filed by ANY competent
person (unless cannot be prosecuted de oficio).
Requisites of A Complaint/Information: S6
(NDA-NDP)
- Name of the accused
- Designation of the offense given by
statute (or section)
 Qualifying circumstance
 Aggravating circumstance
- Acts and omissions complained of
- Name of offended party
- Approximate date of the commission of
the offense
- Place where the offense was committed
(within court’s jurisdiction)
Remedy for Insufficiency of Information:
- Bill of particulars
- Motion to Quash information
Name of Party: Full, appellation/nickname,
described under fictitious name.
Offended Party - the person against whom or
against whose property the offense was
committed (S12)
Offenses Against Property (UPO)
- Name unknown, property must be
described with
- Such particularity as to properly identify
the offense charged
A complaint or information must charge only
one offense, except when the law: S13 (SV)
- Prescribes a single punishment
- For various offenses
Note:
- If he fails to object before plea/trial, he
is deemed to have waived such.
Amendment of C/I
 Amendment – adding/ striking out /
correcting an ALLEGATION or NAME of
party (ASCAN)
 Formal – not prejudicial to accused
 Substantial – prejudicial
Test WON Formal/ Substantial Amendment
- WON DEFENSE / EVIDENCE under
original would be equally available
after?
o Yes = formal; No =substantial
- WON changed the designation of the
nature of the crime?
Rules Regarding Amendments
- Before plea = formal / substantial
WITHOUT leave of court
XPN: (DEMOL)
o Downgrades the offense
o Excludes any of the accused
o Made only by:
 motion by prosecutor,
 notice offended party
 with leave of court
- After plea = formal ONLY, never
substantial
o WITH leave of court
o Not prejudice rights of accused
Note: In exclusion of an accused (which is done
before arraignment) double jeopardy will NOT
attach, (e.g. WPP) but in DISCHARGE of a
witness as state witness, it will, as he has to
plead and it is technically an acquittal.
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 Private lawyer prosecute a criminal case? New PI needed if: (SSPPCC)
Substitution of Complaint / Information - Authorized in writing (CRC) 1. Substitution of information (unless
 Substitution – dismissal by the court of o Chief of Prosecution Office merely mode of commission)
the ORIGINAL CI upon the filing of a o Regional State Prosecutor 2. Substantial amendment to the
new one charging the proper offense o Approval of court information
provided the accused would NOT be - If Civil action instituted with the 3. Provisional dismissal when the original
placed in double jeopardy. criminal action (S15) (But still with the witness recanted or died or is no longer
 WHEN: Anytime before judgment control of public prosecutor) available or when new witnesses
 WHY: If it appears that appear
1. Mistake in charging the proper Requisites for double jeopardy: (CJA-ACMW- 4. Other persons are charged under a new
offense IFI) complaint for the same offense or
2. Accused cannot be convicted of 1. First jeopardy must have attached: complaint
the offense charged / offense (CJA) 5. Under a new complaint, original charge
included therein a. Upon a valid is upgraded
 May be done before and after plea complaint/indictment 6. Under a new complaint, criminal
b. Before a court with competent participation is upgraded
jurisdiction
AMENDMENT SUBSTITUTION c. After arraignment RULE 111
Formal / substantial Substantial change 2. First jeopardy terminated: (ACMW) Prosecution of Civil Action
changes a. Acquittal
Before plea can be made ALWAYS with leave of court Rule on Implied Institution of the Civil Action
without leave of court
b. Final conviction
If formal amendment c. Dismissal on its merits With the Criminal Action
- NO need for another PI -NEED for new PI d. Dismissal without express - civil action for recovery of civil liability
- No need for new plea -NEED for new Plea consent of accused arising from the offense (carclao) shall
An amended information A substitution 3. Second jeopardy must be for the same be deemed instituted with the criminal
- Refers to SAME - New information
offense as that in the first: (IFI) action UNLESS: (WPR!)
offense as charged in involves a DIFFERENT
the original offense a. One offense is identical to the 1. Waiver of civil action
information OR - Does not include or is another (unless a set of acts 2. Institutes it prior to the criminal
- An offense which not necessarily constitute two or more action
necessarily includes or included in the original 3. Reserves the right to institute it
offenses, termination of one
is included in the charge
original charge does not bar prosecution under separately (except BP22)
Hence, CANNOT invoke the other)
Hence, substantial double jeopardy. b. One is an attempt or frustration Reservation (ECRO)
amendments CANNOT be of another - made BEFORE prosecution starts
made over the accused’s
c. One necessarily includes or is presenting its evidence
objection, for if the original
information withdrawn, the necessarily included in the - under circumstances affording the
accused could invoke other offended party a reasonable
double jeopardy. opportunity to make a reservation

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Effects of the Commencement of the Criminal
Action upon the Separate Civil Action
(DeSuCoT)
1) Deferment – separate civil action can’t
be instituted until final judgment
2) Suspension – crim action after civil;
until final judgment
3) Consolidation (MIB)
 Motion of the offended party
 In court trying criminal action
 Before judgment on civil action
 Evidence automatically
reproduced, can still cross-
examine and present additional
evidence
4) Tolling of Prescriptive Period
 Of civil action which cannot be
instituted / suspended
Civil Action If Accused ACQUITTED (ROC-DI)
- If based on reasonable doubt – civil
action may still be instituted
- If based on ground that he did not
commit offense – no more civil action
XPN: (DI)
o Civil action based on obligation
not from the delict (LCQQ)
o Law grants the right to institute
independent civil action
- Court declares that liability of the
accused is only CIVIL – civil liability
Independent Civil Action (IPR-DS)
 When carclao may proceed
independently (side by side with crim a)
 Preponderance of evidence
 No reservation needed
 No double recovery
 Not suspended
Instances of Independent Civil Action:
1) Art. 32 - Interference by public officers
or employees / private individuals with
civil rights and liberties
2) Art. 33 – Defamation, Fraud, Physical
Injuries
3) Art. 34 – failure to aid by police
4) Art. 2176 – Whoever by act or omission
causes damage to another, there being
fault or negligence, is obliged to pay for
the damage done.
Note: No counterclaim, cross-claim or third
party complaint by accused in criminal case, but
any cause of action which could have been the
subject thereof may be litigated in a separate
civil action.
Note: Judgment in civil action not a bar for
criminal action.
Rules on death of accused:
1. Death after arraignment and during
pendency of criminal action:
a. Criminal liability extinguished
b. Civil liability arising from the
delict extinguished (XPN: LCQQ)
c. Independent Civil action
continues against the estate or
legal representative of the
accused
2. Death before arraignment
a. Case dismissed
b. No prejudice to any civil action that
may be filed
Elements of a Prejudicial Question (PID)
1) Previously instituted civil action
2) Civil action involves an issue similar or
intimately related (sir) to the issue
raised in the subsequent criminal action
3) The resolution of such issue determines
WON the criminal action may proceed
Note: Suspends criminal action. Filed in Office
of the Prosecutor/Court before prosecution
rests.
RULE 112
PRELIMINARY INVESTIGATION
Preliminary Investigation (ISB-CGH)
- An inquiry to determine
- Whether there is sufficient ground
- To engender a well-founded belief
- That a crime has been committed
- And the respondent is guilty thereof
- And should be held for trial
- 4 Y, 2M, 1 Day
Probable Cause – existence of such facts and
circumstances as would lead a reasonable
person to believe that the persons charged
committed the crime
Persons Authorized to Conduct Preliminary
Investigation (PCA NaRel)
1) Provincial or City Prosecutors and their
Assistants
2) National and Regional State Prosecutors
3) Other officers as may be authorized by
law
Note: MTQ if Resolution not approved by City
Prosecutor.
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Filing of preliminary investigation – all 10 day
periods:
1. File complaint (subscribed before
prosecutor or government official)
a. Except – if not prosecutor or
official available
2. Investigating officer dismisses or issues
subpoena to respondent
3. Respondent submits counter-affidavit
a. If none – officer decides based
on complaint
b. If there is – officer can call a
clarificatory hearing
4. Officer’s resolution (filing information
or dismissal)
Review of the resolution of investigating
prosecutor:
1. Resolution forwarded to city (or provincial
or state) prosecutor or OMB
a. If recommendation is for dismissal,
but it is disapproved, boss can:
i. File info himself; or
ii. Direct another prosecutor
to file without need for new
PI
b. If recommendation is for filing –
needs approval by boss
2. Resolution may be appealed to the office of
the SOJ within 15 days via verified petition
for review
3. Parties can file a petition with SOJ to
reverse or modify the resolution, SOJ can:
a. Ask prosecutor to file info
without need of new PI or
b. Ask prosecutor to dismiss the
info
Effect of Appeal to the DOJ
- Will NOT hold the filing of the
information
- If the information already filed, the
appeal to the DOJ will defer
arraignment for 60 days (motion to
defer)
- Arraigned AFTER appeal: DOJ can still
act (but it really is useless, since court
already has jurisdiction)
- Arraigned BEFORE appeal: petition not
given due course.
If DOJ decision is adverse:
1. Review via Rule 43 to CA
2. If GADALEJ – Rule 65 to CA
3. Office of the President if punishable by
RP or higher
Information filed in court – RTC judge options:
(DIE) within 10 days
1. Dismiss the case for absence of
probable cause
2. Issue a warrant of arrest (or
commitment order) within 10 days,
after personally determining probable
cause
3. In case of doubt of the existence of
probable cause, may order the
prosecutor to present additional
EVIDENCE
Warrant of Arrest Unnecessary (SFC)
1) Accused is already under custody by
virtue of a warrantless arrest
2) Offense is penalized by a fine only
3) If it is covered by the Rule on Summary
Procedure (may be arrested though if
fails to appear)
Summary Procedure (e.g. BP 22 cases) (ACS)
1. Submission of Judicial Affidavits
2. Subject to cross – examination
3. No NEED to issue warrant of arrest, only
summons
4. However, repeated failure to appear,
can then issue WOA
Records of Preliminary Investigation
- GR: Do NOT form part of the records of the
case
- XPN: Court’s initiative / OR on motion of
any party, may order when: (CORE)
1) Necessary in the resolution of
case
2) To be introduced as evidence
by the requesting party
- Note: Unless there is an appropriate COURT
ORDER, the mere fact that the said records
have been physically attached does not
mean that it is already part of the record.
Inquest (nSFW)
- summary and Formal investigation by
an inquest prosecutor in cases of
warrantless arrest
- Purpose: Determine WON warrantless
arrest valid.
- will decide WON:
o To detain you (subsequently
charged in court)
o Release for further PI (go
through Sec. 3, affidavit of
arresting officer)
- A C/I may still be validly filed, even if
there is need for PI if there has already
been an inquest
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Requisites for inquest proceeding:
1. Warrantless arrest
2. Offense requires PI
Options when lawfully arrested w/o warrant
and brought to police station: (IBP-125)
1. Inquest proceedings
2. Apply for bail
3. If detained and before complaint or info
is filed, you can go for PI, but you waive
Rule 125
4. If info already filed without PI – you can
ask for PI
Note:
- In the absence or unavailability of the
inquest prosecutor, fled directly with
the court on basis of affidavit of:
o Offended party
o Arresting officer / Person
- Also filed in MTC if warrantless arrest
but needs no PI (may apply for bail)
Investigatory Procedure for Cases NOT
requiring PI
a) Complaint Filed with Prosecutor (FED) –
Sec. 3(a) R112 only
-act on it within 10 days from filling (no
counter-affidavits/subpoena)
1) May dismiss the case for want
of probable cause
2) He may file the corresponding
information upon existence of
probable cause
3) Require additional evidence.
b) Complaint Filed with the MTC
-judge shall act within 10 days
1) May dismiss the case for want
of probable cause
2) Require additional evidence
and within 10 days from notice,
determine WON there is
probable cause.
3) Issue a warrant of arrest /
commitment order– if there is
probable cause
4) May issue summons instead of
warrant of arrest
RULE 113
ARREST
Arrest (CBCO)
- Taking of person into custody
- in order that he may be bound
- to answer for the commission of an
offense
An Arrest Is Made By:
1) Actual restraint
2) Submission to the custody of the
person making the Arrest
When May A Warrantless Arrest Be Lawfully
Made? (JPE)
- a peace officer or a private person may,
without a warrant, arrest a person (JPE)
1) When in his presence, the person to be
arrested has committed, is actually
committing, or is attempting to commit
an offense (haa)
2) When an offense has just been
committed and he has probable cause
to believe based on personal knowledge
of facts and circumstances that the
person to be arrested has committed it
(jpp)
3) When the person to be arrested is an
escaped prisoner.
4) Arrest by judicial bondsmen
5) Accused on bail attempts to depart the
country
Note: Personal knowledge not necessarily of the
CRIME but of facts and circumstances indicating
that the person to be arrested has committed
the crime.
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2 requirements for in flagrante delicto: (OIPV)
1. Overt act indicating that the has
committed, is actually committing, or
has just committed
2. Committed in the presence or within
the view of the arresting officer
Duty of arresting officer if arrest is made
without a warrant:
1. State his authority to arrest; and
2. Cause of the arrest
Duty of private person if arrest is made
without a warrant:
1. State cause of the arrest; and
2. Intention to arrest him
This double duty (above) is disposed if:
1. Engaged in the commission of the
offense
2. Pursuit immediately after its
commission
3. Escapes, flees, or forcibly resists before
officer could do so
4. Giving of such will imperil the arrest
RULE 114
BAIL
Bail (SRC-FAC)
- security given
- for the release of a person in custody of
law,
- furnished by him or a bondsman,
- to guarantee his appearance before any
court
Note: As long as there is deprivation of liberty.
Conditions of bail: (FAWE)
1. Undertaking shall remain in force until
the promulgation of judgment
2. Accused shall appear in court when
he/she is ordered to do so
3. Failure to appear in court without
justification will be a waiver of his right
to be present thereat – trial in absentia
will proceed
4. Bondsman will surrender the accused to
the court for execution
No Release / Transfer unless: (OB)
- order of court
- admitted to bail
If inquest NO BAIL yet, prosecutor will still look
at the arrest report and the affidavit of the
arresting officer and if he finds absence of
evidence, can be released.
The accused can waive his appearance if
stipulated in the conditions of the bail.
Bail As A Matter of Right
1) Before/After conviction by MTC
2) Before RTC offense NOT punishable by
death, RP, life imprisonment
Bail is Discretionary
1) Before RTC, offense punishable by
death, RP, life imprisonment (check
WON guilt is strong=NO bail)
2) After RTC, offense NOT punishable by
death, RP, life imprisonment
Bail Should Be Denied
a) Before RTC, offense DRL, evidence of
guilt is strong
b) After RTC, offense punishable by DRL
c) After RTC, and penalty imposed is
imprisonment greater than 6 years
upon the following bail-negating
circumstances: (REP FC)
1) Recidivist – Accused is a
recidivist, quasi-recidivist,
habitual delinquent, or
committed the crime
aggravated by reiteration
2) Escaped – escaped from legal
confinement, evaded sentence,
or violated the conditions of
bail without valid justification
(eve)
3) Probation – committed the
offense while under probation,
parole, conditional pardon (prc)
4) Flight Risk
5) Crime Risk – undue risk that
accused may commit another
crime during pendency of the
appeal
d) Judgment of conviction has become
final, UNLESS before finality accused
applies for probation
e) After accused has commenced to serve
sentence
Where to apply for bail:
- If appealed and before transmission of
records to appellate court – RTC
- If appealed and RTC conviction changed
from non-bailable to bailable offense –
appellate court
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Procedure in A Bail Hearing (Summary
Procedure) but MANDATORY (WON
right/discretion) (NRWW-SCOO)
1) Judge notifies prosecutor of hearing /
require him to submit his
recommendation
2) Prosecution shall present its witnesses
with option of (1) examining them or
(2) adopting their affidavits.
3) Accused may submit affidavits of his
witnesses to prove his innocence
4) Court shall examine affidavits and
testimonies to see if evidence of guilt is
strong.
5) Cross-examination from both sides of
witnesses
6) Oral arguments of parties on WON the
evidence of guilt is strong
7) 48 hours after hearing, court issues an
order with brief summary of evidence,
as to WON evidence of guilt is strong
Note:
- The evidence in bail hearing considered
automatically reproduced at trial.
- A judge must conduct a hearing of the
application for bail regardless of WON
the prosecution refuses to present
evidence to show that guilt of accused
is strong
- Motion to reduce bail is possible, but
then will be asked to file a CASH BOND.
- Court cannot require arraignment
before posting bail
Guidelines in Fixing the Amount of Bail (FNPC
HAW PPFF) Excessive Bail NOT required
1) Financial ability of accused
2) Nature and circumstance of the offense
3) Penalty for offense charged
4) Character and reputation of the
accused
5) Age and health of the accused
6) Weight of evidence against the accused
7) Probability of the accused appearing at
trial
8) Forfeiture of other bail
9) Fact that accused was a fugitive from
justice when arrested
10) Pendency of other cases where accused
is on bail.
Cash bond must be deposited with:
1. Nearest BIR collector
2. Provincial, city or municipal treasurer
Corporate surety:
1. Accredited by SC
2. Accused pays premium which he
doesn’t get back if acquitted
Property bond:
1. Accused need not be owner
2. Owner must be resident of the
Philippines
3. Annotate the title within 10 days from
approval of the bond
Recognizance:
-undertaking that the accused shall appear in
court and comply with its orders
1. Accused himself
2. Responsible member of the community
Where is Bail Filed (Sec. 17)
1) Court where case is pending
 Arrested in said area
 Unavailability of judge – any
court in said area
 No arrest; voluntary surrender
 If the grant of bail is
discretionary, or for
recognizance
2) RTC of place where accused is arrested
 If place is other than where the
case is pending
 If no RTC judge, the MTC judge
 Forward such bail and order of
release to where case is
pending (which may require a
different one to be filed).
3) Any court in the province, city,
municipality where he is held
 If there is an arrest but no case pending
(warrantless)
Bail is Not Required (SMS – LO62)
1) Those under Summary Procedure
2) Person has been in custody for a period
equal to or more than the possible
maximum imprisonment prescribed by
the offense – shall be released
immediately.
3) Judge is satisfied no need for custody
(in cases in the MTC less than 4 years, 2
months, 1 day), just summons
4) Violation of ordinance, light felony, or a
criminal offense punishable by a
penalty not exceeding 6 Months
imprisonment, and/fine of P2,000
where person unable to post the bond
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Note: A person may be released on a REDUCED
bail or on his own recognizance when he is in
custody for a period equal to or more than the
minimum of the principal penalty prescribed for
the offense charged (without ISL or modifying
circ.)
Q: Once the accused is admitted to bail, may
the court INCREASE or REDUCE its amount?
 Yes, upon good cause. When increased,
the accused may be committed to
custody if he does not give bail in the
increased amount within a reasonable
period.
When may the court render a judgment of
forfeiture?
 If the accused fails to appear in person
= forfeited
 Bondsmen given 30 days to produce
their principal and show cause why no
judgment should be rendered against
them for the amount of their bail (PS).
Within the said period, the bondsmen
must (PE)
o Produce their principal or give
reason for non-production
o Explain why he did not appear
when first required to do so.
Cancellation of bail: (ADE-SD)
1. Automatic when
a. Accused acquitted;
b. Dismissal of case; or
c. Execution of judgment of
conviction
2. Upon application of bondsmen when:
a. Surrender of accused
b. Proof of his death
An application for bail shall not bar the
accused from: (PAW)
1. Assailing the regularity or questioning
the absence of PI
2. Challenging the validity of his arrest
3. The legality of the warrant
Note: Provided he raises them BEFORE plea.
Random Notes:
- If accused is denied bail, Rule 65 to CA
within 60 days - GADALEJ
- Denial of MTQ = proceed to TRIAL
without prejudice to reiterating the
special defenses
- Denial of MTD = certiorari under Rule
65, GADALEJ
- MTQ granted = dismissed case, but the
criminal information can be re-filed
- Generally, you do not appeal an
acquittal. May be challenged in a
Petition for Certiorari under Rule 65 –
must prove GADALEJ and coupled with
consent of the OSG.
Some Crimes Punishable by reclusion perpetua
to death, and life imprisonment
- Parricide
- Murder
- Drug-trafficking
- Robbery with homicide
- Rape with homicide
- Syndicated or large-scale estafa / illegal
recruitment
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