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CRIMPRO Rules of Criminal Procedure

Atty. Tranquil Salvador


RULE 110 Section 4. Information defined. —
Prosecution of Offenses An information
is an accusation in writing
Section 1. Institution of criminal actions. — charging a person with an offense,
Criminal actions shall be instituted as follows: subscribed by the prosecutor and
(a) For offenses where a preliminary investigation is required filed with the court. (4a)
pursuant to section 1 of Rule 112,
by filing the complaint with the proper officer Section 5. Who must prosecute criminal actions. —
for the purpose of conducting All criminal actions
the requisite preliminary investigation. commenced by a complaint or information
(b) For all other offenses, shall be prosecuted
by filing the complaint or information directly with the under the direction and control of the prosecutor.
Municipal Trial Courts and However, in
Municipal Circuit Trial Courts, or Municipal Trial Courts or
the complaint with the office of the prosecutor. Municipal Circuit Trial Courts
when the prosecutor assigned thereto or to the case
In Manila and other chartered cities, is not available,
the complaint shall be filed the offended party,
with the office of the prosecutor any peace officer, or
unless otherwise provided in their charters. public officer charged
with the enforcement
The institution of the criminal action of the law violated
shall interrupt the running period of may prosecute the case.
prescription of the offense charged
unless otherwise provided in special laws. (1a) This authority cease
upon actual intervention of the prosecutor or
Section 2. The Complaint or information. — upon elevation of the case to the Regional Trial Court.
The complaint or information shall be in writing, (This Section was repealed by A.M. No. 02-2-07-SC effective May 1, 2002)
in the name of the People of the Philippines and
against all persons who appear to be responsible The crimes of
for the offense involved. (2a) adultery and
concubinage
Section 3. Complaint defined. — shall not be prosecuted
A complaint is except upon a complaint filed
a sworn written statement by the offended spouse.
charging a person with an offense,
subscribed by The offended party cannot institute criminal prosecution
the offended party, without including the guilty parties, if both alive, nor,
any peace officer, or in any case, if the offended party
other public officer charged has consented to the offense or
with the enforcement of the law violated. (3) pardoned the offenders.

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CRIMPRO Rules of Criminal Procedure
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The offenses of The right to file the action granted to
seduction, parents,
abduction and grandparents or
acts of lasciviousness guardian
shall not be prosecuted shall be exclusive of all other persons and
except upon a complaint filed shall be exercised successively
by the offended party or in the order herein provided,
her parents, except as stated in the preceding paragraph.
grandparents or
guardian, No criminal action for defamation which consists
nor, in any case, if the offender has been in the imputation of the offenses mentioned above
expressly pardoned by any of them. shall be brought
If the offended party except at the instance of and
dies or upon complaint filed
becomes incapacitated by the offended party. (5a)
before she can file the complaint, and
she has no known The prosecution for violation of special laws
parents, shall be governed by the provisions thereof. (n)
grandparents or
guardian, Section 6. Sufficiency of complaint or information. —
the State shall initiate A complaint or information is sufficient
the criminal action in her behalf. if it states the name of the accused;
the designation of the offense given by the statute;
The offended party, even if a minor, the acts or omissions complained of as constituting the offense;
has the right to initiate the prosecution of the offenses of the name of the offended party;
seduction, the approximate date of the commission of the offense; and
abduction and the place where the offense was committed.
acts of lasciviousness When an offense is committed by more than one person,
independently of her all of them shall be included
parents, in the complaint or information. (6a)
grandparents, or
guardian, Section 7. Name of the accused. —
unless she is incompetent or The complaint or information
incapable of doing so. must state the name and surname of the accused or
any appellation or nickname
Where the offended party, who is a minor, by which he has been or is known.
fails to file the complaint,
her parents, If his name cannot be ascertained,
grandparents, or he must be described under a fictitious name
guardian with a statement that his true name is unknown.
may file the same.
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If the true name of the accused is Section 11. Date of commission of the offense. —
thereafter disclosed by him or It is not necessary to state in the complaint or information
appears in some other manner to the court, the precise date the offense was committed
such true name shall be inserted in the except when it is a material ingredient of the offense.
complaint or information and The offense may be alleged to have been committed
record. (7a) on a date as near as possible
to the actual date of its commission. (11a)
Section 8. Designation of the offense. —
The complaint or information Section 12. Name of the offended party. —
shall state the designation of the offense The complaint or information must state
given by the statute, the name and surname of the person
aver the acts or omissions constituting the offense, and against whom or
specify its qualifying and aggravating circumstances. against whose property
the offense was committed, or
If there is no designation of the offense, any appellation or nickname
reference shall be made by which such person has been or is known.
to the section or subsection If there is no better way of identifying him,
of the statute punishing it. (8a) he must be described under a fictitious name.
(a) In offenses against property,
Section 9. Cause of the accusation. — if the name of the offended party is unknown,
The acts or omissions complained of as constituting the offense and the property must be described
the qualifying and aggravating circumstances with such particularity as to properly identify
must be stated the offense charged.
in ordinary and concise language and (b) If the true name of the of the person
not necessarily in the language used in the statute against whom or
but in terms sufficient to enable against whose property
a person of common understanding the offense was committed
to know what offense is being charged as well as is thereafter disclosed or ascertained,
its qualifying and aggravating circumstances and the court must cause the true name
for the court to pronounce judgment. (9a) to be inserted in
the complaint or information and
Section 10. Place of commission of the offense. — the record.
The complaint or information is sufficient (c) If the offended party is a juridical person, it is sufficient to state
if it can be understood from its allegations its name, or
that the offense was committed or any name or designation
some of the essential ingredients occurred by which it is known or
at some place within the jurisdiction of the court, by which it may be identified,
unless the particular place where it was committed without need of averring
constitutes an essential element of the offense or that it is a juridical person or
is necessary for its identification. (10a) that it is organized in accordance
with law. (12a)
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Section 13. Duplicity of the offense. —
A complaint or information Section 15. Place where action is to be instituted. —
must charge but one offense, (a) Subject to existing laws,
except when the law prescribes the criminal action shall be instituted and tried
a single punishment for various offenses. (13a) in the court of the municipality or territory
where the offense was committed or
Section 14. Amendment or substitution. — where any of its essential ingredients occurred.
A complaint or information may be amended,
in form or in substance, (b) Where an offense is committed in a
without leave of court, train,
at any time before the accused enters his plea. aircraft, or
After the plea and other public or private vehicle
during the trial, while in the course of its trip,
a formal amendment may only be made the criminal action shall be instituted and tried
with leave of court and in the court of any municipality or territory
when it can be done without causing prejudice where such train, aircraft or other vehicle
to the rights of the accused. passed during such its trip,
including the place of
However, any amendment before plea, its departure and arrival.
which downgrades the nature of the offense charged in or
excludes any accused from the complaint or information, (c) Where an offense is committed
can be made only upon motion by the prosecutor, on board a vessel in the course of its voyage,
with notice to the offended party and the criminal action shall be instituted and tried
with leave of court. in the court of the first port of entry or
of any municipality or territory
The court shall state its reasons in resolving the motion and where the vessel passed during such voyage,
copies of its order shall be furnished all parties, subject to the generally accepted
especially the offended party. (n) principles of international law.

If it appears at any time before judgment (d) Crimes committed outside the Philippines
that a mistake has been made in charging the proper offense, but punishable under Article 2 of the Revised Penal Code
the court shall dismiss shall be cognizable by the court
the original complaint or where the criminal action is first filed. (15a)
information
upon the filing of a new one Section 16. Intervention of the offended party in criminal action. —
charging the proper offense Where the civil action for recovery of civil liability
in accordance with section 19, Rule 119, is instituted in the criminal action pursuant to Rule 111,
provided the accused shall not be placed the offended party may intervene by counsel
in double jeopardy. in the prosecution of the offense. (16a)
The court may require the witnesses
to give bail for their appearance at the trial. (14a)
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RULE 111 No counterclaim,
Prosecution of Civil Action cross-claim or
third-party complaint
Section 1. Institution of criminal and civil actions. — may be filed by the accused in the criminal case,
(a) When a criminal action is instituted, but any cause of action
the civil action for the recovery of civil liability which could have been the subject thereof
arising from the offense charged may be litigated in a separate civil action. (1a)
shall be deemed instituted with the criminal action
unless the offended party (b) The criminal action for violation of Batas Pambansa Blg. 22
waives the civil action, shall be deemed to include the corresponding civil action.
reserves the right to institute it separately or No reservation to file such civil action separately
institutes the civil action shall be allowed.
prior to the criminal action.
Upon filing of the aforesaid joint criminal and civil actions,
The reservation of the right to institute separately the civil action the offended party shall pay in full the filing fees
shall be made before the prosecution based on the amount of the check involved,
starts presenting its evidence and which shall be considered as the actual damages claimed.
under circumstances affording the offended party
a reasonable opportunity to make such reservation. Where the complaint or information also seeks to recover
liquidated,
When the offended party seeks to enforce civil liability moral,
against the accused by way of nominal,
moral, temperate or
nominal, exemplary damages,
temperate, or the offended party shall pay additional filing fees
exemplary damages based on the amounts alleged therein.
without specifying the amount thereof
in the complaint or information, If the amounts are not so alleged
the filing fees thereof shall constitute but any of these damages are subsequently awarded by the court,
a first lien on the judgment the filing fees based on the amount awarded
awarding such damages. shall constitute a first lien on the judgment.

Where the amount of damages, other than actual, is specified Where the civil action has been filed separately and
in the complaint or information, trial thereof has not yet commenced,
the corresponding filing fees shall be paid it may be consolidated with the criminal action
by the offended party upon application with the court trying the latter case.
upon the filing thereof in court.
If the application is granted,
Except as otherwise provided in these Rules, the trial of both actions shall proceed in accordance with
no filing fees shall be required for actual damages. section 2 of this Rule governing consolidation of
the civil and criminal actions. (cir. 57-97)
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Section 2. When separate civil action is suspended. — The extinction of the penal action
After the criminal action has been commenced, does not carry with it extinction of the civil action.
the separate civil action arising therefrom
cannot be instituted However, the civil action based on delict
until final judgment has been entered shall be deemed extinguished
in the criminal action. if there is a finding in a final judgment in the criminal action
that the act or omission
If the criminal action is filed from which the civil liability may arise
after the said civil action has already been instituted, did not exist. (2a)
the latter shall be suspended
in whatever stage it may be found Section 3. When civil action may proceeded independently. —
before judgment on the merits. In the cases provided for in
Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines,
The suspension shall last the independent civil action may be brought
until final judgment is rendered in the criminal action. by the offended party.
Nevertheless, before judgment on the merits is
rendered in the civil action, It shall proceed independently of the criminal action and
the same may, upon motion of the offended party, shall require only a preponderance of evidence.
be consolidated with the criminal action In no case, however, may the offended party
in the court trying the criminal action. recover damages twice
for the same act or omission
In case of consolidation, charged in the criminal action. (3a)
the evidence already adduced in the civil action
shall be deemed automatically reproduced in the criminal action Section 4. Effect of death on civil actions. —
without prejudice to the right The death of the accused
of the prosecution after arraignment and
to cross-examine the witnesses presented during the pendency of the criminal action
by the offended party shall extinguish the civil liability arising from the delict.
in the criminal case and
of the parties However, the independent civil action
to present additional evidence. instituted under section 3 of this Rule or
which thereafter is instituted to enforce liability
The consolidated criminal and civil actions arising from other sources of obligation
shall be tried and decided jointly. may be continued against
the estate or
During the pendency of the criminal action, legal representative
the running of the period of prescription of the civil action of the accused
which cannot be instituted separately or after proper substitution or
whose proceeding has been suspended against said estate,
shall be tolled. (n) as the case may be.

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The heirs of the accused may be substituted for the deceased Section 7. Elements of prejudicial question. —
without requiring the appointment of The elements of a prejudicial question are:
an executor or (a) the previously instituted civil action involves an issue
administrator and similar or
the court may appoint a guardian ad litem intimately related
for the minor heirs. to the issue raised
The court shall forthwith order in the subsequent criminal action, and
said legal representative or representatives (b) the resolution of such issue
to appear and be substituted determines whether or not the criminal action
within a period of thirty (30) days from notice. may proceed. (5a)

A final judgment entered in favor of the offended party


shall be enforced in the manner especially provided in these rules RULE 112
for prosecuting claims against the estate of the deceased. Preliminary Investigation
If the accused dies before arraignment,
the case shall be dismissed Section 1. Preliminary investigation defined; when required. —
without prejudice to any civil action Preliminary investigation
the offended party may file is an inquiry or
against the estate of the deceased. (n) proceeding
to determine whether there is sufficient ground
Section 5. Judgment in civil action not a bar. — to engender a well-founded belief that
A final judgment rendered in a civil action a crime has been committed and
absolving the defendant from civil liability the respondent is
is not a bar to a criminal action probably guilty thereof, and
against the defendant should be held for trial.
for the same act or omission
subject of the civil action. (4a) Except as provided in section 7 of this Rule,
a preliminary investigation is required to be conducted
Section 6. Suspension by reason of prejudicial question. — before the filing of a complaint or information
A petition for suspension of the criminal action for an offense where the penalty prescribed by law is
based upon the pendency of at least four (4) years, two (2) months and one (1) day
a prejudicial question in a civil action without regard to the fine. (1a)
may be filed in
the office of the prosecutor or Section 2. Officers authorized to conduct preliminary investigations. —
the court conducting The following may conduct preliminary investigations:
the preliminary investigation. (a) Provincial or City Prosecutors and their assistants;
(b) Judges of the
When the criminal action has been filed in court for trial, Municipal Trial Courts and
the petition to suspend shall be filed Municipal Circuit Trial Courts;
in the same criminal action (c) National and Regional State Prosecutors; and
at any time before the prosecution rests. (6a) (d) Other officers as may be authorized by law.
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Their authority to conduct preliminary investigations If the evidence is voluminous,
shall include all crimes cognizable by the proper court the complainant may be required to specify
in their respective territorial jurisdictions. (2a) those which he intends to present against the respondent,
and these shall be made available
Section 3. Procedure. — for examination or copying
The preliminary investigation by the respondent at his expense.
shall be conducted in the following manner: Objects as evidence need not be furnished a party
but shall be made available for
(a) The complaint examination,
shall state the address of the respondent and copying, or
shall be accompanied by photographing
the affidavits of at the expense of the requesting party.
the complainant and
his witnesses, (c) Within ten (10) days from receipt of the subpoena
as well as other supporting documents with the complaint and
to establish probable cause. supporting affidavits and documents,
They shall be in such number of copies as there are respondents, the respondent shall submit
plus two (2) copies for the official file. his counter-affidavit and
The affidavits shall be subscribed and sworn to that of his witnesses and
before any prosecutor or other supporting documents relied upon
government official authorized to administer oath, or, for his defense.
in their absence or unavailability, The counter-affidavits shall be
before a notary public, subscribed and sworn to and
each of who must certify certified as provided in paragraph (a) of this section,
that he personally examined the affiants and with copies thereof furnished by him to the complainant.
that he is satisfied that The respondent shall not be allowed
they voluntarily executed and to file a motion to dismiss in lieu of a counter-affidavit.
understood their affidavits.
(d) If the respondent cannot be subpoenaed, or
(b) Within ten (10) days after the filing of the complaint, if subpoenaed, does not submit
the investigating officer shall either counter-affidavits within the ten (10) day period,
dismiss it if he finds no ground the investigating officer shall resolve the complaint
to continue with the investigation, or based on the evidence presented by the complainant.
issue a subpoena to the respondent
attaching to it a copy of the complaint and (e) The investigating officer may set a hearing
its supporting affidavits and documents. if there are facts and issues to be clarified
from a party or a witness.
The respondent shall have the right The parties
to examine the evidence submitted by the complainant can be present at the hearing but
which he may not have been furnished and without the right to examine or cross-examine.
to copy them at his expense.
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They may, however, submit to the investigating officer Within five (5) days from his resolution,
questions which may be asked he shall forward the record of the case
to the party or to the provincial or city prosecutor or
witness concerned. chief state prosecutor, or
to the Ombudsman or his deputy
The hearing shall be held in cases of offenses cognizable
within ten (10) days from submission of by the Sandiganbayan
the counter-affidavits and in the exercise of its original jurisdiction.
other documents or They
from the expiration of the period for their submission. shall act on the resolution within ten (10) days
from their receipt thereof and
It shall be terminated shall immediately inform the parties of such action.
within five (5) days.
No complaint or information
(f) Within ten (10) days after the investigation, may be filed or dismissed
the investigating officer shall determine by an investigating prosecutor
whether or not there is sufficient ground without the prior written authority or approval of
to hold the respondent for trial. (3a) the provincial or city prosecutor or
chief state prosecutor or
Section 4. Resolution of investigating prosecutor and its review. — the Ombudsman or his deputy.
If the investigating prosecutor finds cause
to hold the respondent for trial, Where the investigating prosecutor
he shall prepare the resolution and information. recommends the dismissal of the complaint
but his recommendation is disapproved
He shall certify under oath in the information by the provincial or city prosecutor or
that he, or as shown by the record, an authorized officer, chief state prosecutor or
has personally examined the Ombudsman or his deputy
the complainant and on the ground that a probable cause exists,
his witnesses; the latter may, by himself,
that there is reasonable ground to believe file the information against the respondent, or
that a crime has been committed and direct any other assistant prosecutor or state prosecutor to do so
that the accused is probably guilty thereof; without conducting another preliminary investigation.
that the accused was informed
of the complaint and If upon petition by a proper party
of the evidence submitted against him; and under such rules as the Department of Justice may prescribe or
that he was given an opportunity motu proprio,
to submit controverting evidence. the Secretary of Justice reverses or modifies
the resolution of
Otherwise, he shall recommend the provincial or city prosecutor or
the dismissal of the complaint. chief state prosecutor,

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he shall direct the prosecutor concerned either
to file the corresponding information Their ruling shall expressly and clearly state
without conducting another preliminary investigation, or the facts and the law
to dismiss or move for dismissal of the complaint or information on which it is based and
with notice to the parties. the parties shall be furnished with copies thereof.

The same rule shall apply in preliminary investigations They shall order the release of an accused
conducted by the officers of the Office of the Ombudsman. (4a) who is detained if no probable cause is found against him. (5a)

Section 5. Resolution of investigating judge and its review. — Section 6. When warrant of arrest may issue. —
Within ten (10) days after the preliminary investigation,
the investigating judge shall transmit the resolution of the case (a) By the Regional Trial Court. —
to the provincial or city prosecutor, or
to the Ombudsman or his deputy Within ten (10) days from the filing of the complaint or information,
in cases of offenses cognizable the judge shall personally evaluate
by the Sandiganbayan the resolution of the prosecutor and
in the exercise of its original jurisdiction, its supporting evidence.
for appropriate action.
He may immediately dismiss the case
The resolution shall state if the evidence on record
the findings of facts and clearly fails to establish probable cause.
the law supporting his action,
together with the record of the case If he finds probable cause, he shall issue
which shall include: a warrant of arrest, or
(a) the warrant, if the arrest is by virtue of a warrant; a commitment order
(b) the affidavits, counter-affidavits and other supporting evidence if the accused has already been arrested
of the parties; pursuant to a warrant issued by the judge
(c) the undertaking or bail of the accused and who conducted the preliminary investigation or
the order for his release; when the complaint or information was filed
(d) the transcripts of the proceedings pursuant to section 7 of this Rule.
during the preliminary investigation; and
(e) the order of cancellation of his bail bond, In case of doubt on the existence of probable cause,
if the resolution is for the dismissal of the complaint. the judge may order the prosecutor
to present additional evidence
Within thirty (30) days from receipt of the records, within five (5) days from notice and
the provincial or city prosecutor, or the issue must be resolved by the court
the Ombudsman or his deputy, within thirty (30) days from the filing of
as the case may be, the complaint of information.
shall review the resolution of the investigating judge
on the existence of probable cause.

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(b) By the Municipal Trial Court. — (c) When warrant of arrest not necessary. —

When required pursuant to the second paragraph of section 1 of this Rule, A warrant of arrest shall not issue
the preliminary investigation of cases if the accused is already under detention
falling under the original jurisdiction of the pursuant to a warrant issued by the municipal trial court
Metropolitan Trial Court, in accordance with paragraph (b) of this section, or
Municipal Trial Court in Cities, if the complaint or information was filed
Municipal Trial Court, or pursuant to section 7 of this Rule or
Municipal Circuit Trial Court is for an offense penalized by fine only.
may be conducted by either The court shall then proceed
the judge or in the exercise of its original jurisdiction. (6a)
the prosecutor.
Section 7. When accused lawfully arrested without warrant. —
When conducted by the prosecutor, When a person is lawfully arrested without a warrant
the procedure for involving an offense which requires a preliminary investigation,
the issuance of a warrant or the complaint or information
arrest by the judge may be filed by a prosecutor
shall be governed by paragraph (a) of this section. without need of such investigation
provided an inquest has been conducted
When the investigation is conducted by the judge himself, in accordance with existing rules.
he shall follow the procedure provided in section 3 of this Rule.
In the absence or unavailability of an inquest prosecutor,
If the findings and recommendations the complaint may be filed
are affirmed by the provincial or city prosecutor, or by the offended party or
by the Ombudsman or his deputy, and a peace office
the corresponding information is filed, directly with the proper court
he shall issue a warrant of arrest. on the basis of the affidavit of
the offended party or
However, without waiting for the conclusion of the investigation, arresting officer or
the judge may issue a warrant of arrest person.
if he finds after an examination
in writing and Before the complaint or information is filed,
under oath the person arrested may ask for a preliminary investigation
of the complainant and his witnesses in accordance with this Rule,
in the form of searching question and answers, but he must sign a waiver of the provisions of
that a probable cause exists and Article 125 of the Revised Penal Code, as amended,
that there is a necessity of placing the respondent in the presence of his counsel.
under immediate custody Notwithstanding the waiver,
in order not to frustrate the ends of justice. he may apply for bail and
the investigation must be terminated
within fifteen (15) days from its inception.
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Section 9. Cases not requiring a preliminary investigation nor covered
After the filing of the complaint or information by the Rule on Summary Procedure. —
in court without a preliminary investigation,
the accused may, (a) If filed with the prosecutor. —
within five (5) days
from the time he learns of its filing, If the complaint is filed directly with the prosecutor
ask for a preliminary investigation involving an offense punishable by imprisonment of
with the same right to adduce evidence less four (4) years, two (2) months and one (1) day,
in his defense as provided in this Rule. the procedure outlined in
(7a; sec. 2, R.A. No. 7438) section 3(a) of this Rule
shall be observed.
Section 8. Records. — The prosecutor shall act on the complaint
based on the affidavits and
(a) Records supporting the information or complaint. — other supporting documents
submitted by the complainant
An information or complaint filed in court within ten (10) days from its filing.
shall be supported by
the affidavits and counter-affidavits (b) If filed with the Municipal Trial Court. —
of the parties and their witnesses,
together with If the complaint or information is filed directly with
the other supporting evidence and the Municipal Trial Court or
the resolution on the case. Municipal Circuit Trial Court
for an offense covered by this section,
(b) Record of preliminary investigation. — the procedure in section 3(a) of this Rule
shall be observed.
The record of the preliminary investigation, If within ten (10) days after the filing of the complaint or information,
whether conducted by a judge or a fiscal, the judge finds no probable cause
shall not form part of the record of the case. after personally evaluating the evidence, or
However, the court, after personally examining
on its own initiative or in writing and under oath
on motion of any party, the complainant and his witnesses
may order the production of in the form of searching question and answers,
the record or he shall dismiss the same.
any its part He may, however, require the submission of additional evidence,
when necessary in the resolution of within ten (10) days from notice,
the case or any incident therein, to determine further the existence of probable cause.
or when it is to be introduced If the judge still finds no probable cause despite the additional evidence,
as an evidence in the case he shall, within ten (10) days from
by the requesting party. (8a) its submission or
expiration of said period,
dismiss the case.
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When he finds probable cause, Section 4. Execution of warrant. —
he shall issue The head of the office
a warrant of arrest, or to whom the warrant of arrest was delivered for execution
a commitment order shall cause the warrant to be executed
if the accused had already been arrested, and within ten (10) days from its receipt.
hold him for trial.
Within ten (10) days after the expiration of the period,
However, if the judge is satisfied the officer to whom it was assigned for execution
that there is no necessity for placing the accused under custody, shall make a report to the judge
he may issue summons who issued the warrant.
instead of a warrant of arrest. (9a)
In case of his failure to execute the warrant,
RULE 113 he shall state the reasons therefor. (4a)
Arrest
Section 5. Arrest without warrant; when lawful. —
Section 1. Definition of arrest. — A peace officer or
Arrest is the taking of a person into custody a private person
in order that he may be bound to answer may, without a warrant, arrest a person:
for the commission of an offense. (1)
(a) When, in his presence, the person to be arrested
Section 2. Arrest; how made. — has committed,
An arrest is made is actually committing, or
by an actual restraint of a person to be arrested, or is attempting to commit
by his submission to the custody an offense;
of the person making the arrest.
No violence or (b) When an offense has just been committed, and
unnecessary force he has probable cause to believe
shall be used in making an arrest. based on personal knowledge of facts or circumstances
The person arrested shall not be subject that the person to be arrested has committed it; and
to a greater restraint than is necessary
for his detention. (2a) (c) When the person to be arrested is a prisoner who
has escaped from
Section 3. Duty of arresting officer. — a penal establishment or
It shall be the duty of the officer executing the warrant place where he
to arrest the accused and is serving final judgment or
to deliver him to the nearest is temporarily confined
police station or while his case is pending, or
jail has escaped while being transferred
without unnecessary delay. (3a) from one confinement to another.

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In cases falling under paragraph (a) and (b) above, has escaped, flees or forcibly resists
the person arrested without a warrant before the officer has opportunity
shall be forthwith delivered to the nearest so to inform him, or
police station or jail and when the giving of such information
shall be proceeded against in accordance with will imperil the arrest. (8a)
section 7 of Rule 112. (5a)
Section 9. Method of arrest by private person. —
Section 6. Time of making arrest. — When making an arrest,
An arrest may be made a private person shall inform the person to be arrested of
on any day and the intention to arrest him and
at any time of the day or night. (6) cause of the arrest,
unless the latter is either engaged
Section 7. Method of arrest by officer by virtue of warrant. — in the commission of an offense,
When making an arrest by virtue of a warrant, is pursued immediately after its commission, or
the officer shall inform the person to be arrested has escaped, flees, or forcibly resists
of the cause of the arrest and before the person making the arrest has
of the fact that a warrant has been issued for his arrest, opportunity to so inform him, or
except when the giving of such information
when he flees or forcibly resists will imperil the arrest. (9a)
before the officer has opportunity to
so inform him, or Section 10. Officer may summon assistance. —
when the giving of such information An officer making a lawful arrest
will imperil the arrest. may orally summon as many persons as he deems necessary
to assist him in effecting the arrest.
The officer need not have the warrant in his possession
at the time of the arrest Every person so summoned by an officer
but after the arrest, shall assist him in effecting the arrest
if the person arrested so requires, when he can render such assistance
the warrant shall be shown to him without detriment to himself. (10a)
as soon as practicable. (7a)
Section 11. Right of officer to break into building or enclosure. —
Section 8. Method of arrest by officer without warrant. — An officer, in order to make an arrest either
When making an arrest without a warrant, by virtue of a warrant, or
the officer shall inform the person to be arrested of without a warrant as provided in section 5,
his authority and may break into any building or enclosure
the cause of the arrest, where the person to be arrested is or
unless the latter is either engaged is reasonably believed to be,
in the commission of an offense, if he is refused admittance thereto,
is pursued immediately after its commission, after announcing his
authority and purpose. (11a)

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CRIMPRO Rules of Criminal Procedure
Atty. Tranquil Salvador
Section 12. Right to break out from building or enclosure. —
Whenever an officer has entered the building or enclosure
in accordance with the preceding section,
he may break out therefrom
when necessary to liberate himself. (12a)

Section 13. Arrest after escape or rescue. —


If a person lawfully arrested
escapes or
is rescued,
any person may immediately
pursue or
retake him
without a warrant
at any time and
in any place within the Philippines. (13)

Section 14. Right of attorney or relative to visit person arrested. —


Any member of the Philippine Bar shall, at the request
of the person arrested or
of another acting in his behalf,
have the right to visit and confer
privately with such person
in the jail or
any other place of custody
at any hour of the day or night.

Subject to reasonable regulations,


a relative of the person arrested
can also exercise the same right. (14a)

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