EGAD Crim Pro (110 115)

110: Prosecution of Offenses

Modes of Institution of Criminal Action:
1. For offenses where preliminary Investigation is required, by filling the complaint with the proper officer for the
purpose of conducting the requisite preliminary investigation.
2. For all other offenses, by filling the complaint or information directly with the MTC and MCTC or the complaint
with the office of the prosecutor. In Manila and other chartered cities, the complaint shall be filed with the
office of the prosecutor unless otherwise provided in their charters. Page |
1
Cases which require Preliminary Investigation
General Rule: In all cases, preliminary investigation is required to be conducted before the filing of a complaint or
information (Sec 1(2) of 112)
Exceptions: 1. where the accused was validly arrested (Sec 5 of 113)
2. Where the imposable penalty of the offense charge is at least 4 years, 2 months, & 1 day
without regard to fine (Sec 1(2) of 112)

2 Procedures in Institution of Criminal Actions

1. Summary Procedure (1991 Rules on Summary Procedure)
The Rules on Summary Procedure apply on cases involving:
1. Violation of traffic rules, rules and regulations;
2. Violations of rental laws
3. Violation of the municipal or city ordinances
4. Offenses where
a. The penalty prescribed by law for the offense charged does not exceed 6 months imprisonment OR a
fine NOT exceeding Php 1,000.00 OR BOTH, irrespective of the imposable penalties, accessory or of the
civil liability arising therefrom; and
b. Offenses involving damage to property though criminal negligence where the imposable fine does NOT
exceed Php 10,000.00
2. Regular Procedure (Sec 3, Rule 112)
The Rules on Regular Procedure apply on cases involving:
1. Offenses committed by public officers and employees in relation to their office, including those employed in
government-owned or controlled corporations, whether simple or complexed with other crimes, where the
penalty prescribed by law is imprisonment exceeding 6 years or a fine exceeding Php 4,000.00 when the
offenders position is below those enumerated above;
2. Offenses where the imposable penalty prescribed by law is imprisonment exceeding 6 years or a fine exceeding
Php 1,000.00 but not more than Php 4,000.00 or BOTH regardless of other imposable accessory or other
penalties, including the civil liability arising from such offense or predicated thereon, irrespective of kind, nature,
value or amount thereof;
3. Offenses involving damage to property through criminal negligence only where the imposable fine exceeds Php
10,000.00 except where the offender is a minor in which the jurisdiction is with the Family Court

Prescription of Crimes under Article 92 of RPC

1. Reclusion Perpetua 20 years
Reclusion Temporal
2. Afflictive Penalties 15 years
3. Correctional Penalties 10 years
4. Arresto Mayor 5 years
5. Libel 1 year
6. Grave Oral Defamation 6 months
7. Light Offenses 60 days
The institution of criminal action shall interrupt the running of the period of prescription of the offense charged unless
otherwise provided by Special Law.
EGAD Crim Pro (110 115)
Complaint and Information

Distinction & Definition

Complaint Information
Sworn statement charging a person with an An accusation in writing
offense
Signed by the offended party, any peace officer or Signed by the prosecutor Page |
other employee of the government in charge of 2
the enforcement of execution of the law violated
Filed in court or in prosecutors office Filed directly with the court by the prosecutor

Formal Requisites:
1. It must be in writing
2. It must be in the name of the People of the Philippines; and
3. It must be against all persons who appear to responsible therefore.

Purpose: To inform the accused of the criminal acts imputed upon him so that he can duly prepare for his defense.

Who may file Complaint or Information: Public Officers in charged with the enforcement of the law violated:
1) Chief of Police
2) National Bureau of Investigation
3) Custom Authority
4) DENR Personnel
5) Bureau of Internal Revenue Personnel
6) Bureau of Posts for Theft of Mail Matters
7) Presidential Commission on Good Governance for cases for recovery of ill-gotten wealth
All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the
Prosecutor.

Persons authorized to PROSECUTE Criminal Actions:

a. Public Prosecutors (Sec 5, 110) such as-
1. Regional Prosecutor and their Assistants
2. City Prosecutor and their Assistants
3. Provincial Prosecutor and their Assistants
b. Private Law Practitioners
c. PNP Station Commander
d. Ombudsman Prosecutors (For Anti-graft cases)
e. Presidential Commission on Good Governance for cases for recovery of ill-gotten wealth

Effect of filing of an Information and Complaint by the Prosecutor in Court: The prosecutor losses jurisdiction to dispose
the case as he deems fit, as the court has acquired jurisdiction over case. Hencem any action for disposition of the case
must be with leave of court.

Offenses which cannot be Prosecuted de Officio:

1. Adultery
2. Concubinage
3. Seduction
4. Abduction
5. Acts of Lasciviousness
6. Defamation

Distinctions
EGAD Crim Pro (110 115)
Control by Prosecution Control by Court
What case to file Suspension of arraignment
Whom to prosecute To order reinvestigation
Manner of prosecution Prosecution by the prosecutor
Right to withdraw information before arraignment Dismissal of the case
even without notice and hearing
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3
Limitations on Control of Court
1. Prosecution is entitled to notice of hearing
2. Court must wait for the result of petition for review
3. Prosecutions stand to maintain prosecution should be respected by the court.
4. Court has authority to review the Secretary of Justice recommendation and reject it if there is grave abuse of
discretion
The filing of the information or complaint in court does not prevent the Secretary for Justice from exercising his review
power. Neither can such complaint or information deter him from ordering the withdrawal of the cases. However, he
cannot impose his opinion on the trial court. The determination of the case is within the courts exclusive jusrisdiction
and competence.

Requisites for the Sufficiency of the Complaint or Information (Sec 6, 110)

1. The name of the accused (Sec 7, 110)
- State: name and surname or nickname by which he has been know
- If his identity is still unknown, he can be mentioned under a fictitious name (john Doe or Richard Doe or
Mary Doe) with a statement that his true name is unknown. Should the true name, identity or nickname be
known, such true name be inserted in the complaint or information and record
- When an offense is committed by more than 1 person, all of them should be included in the complaint
- No criminal action can lie against a corporation as an accused. However, only as officer of a corporation can
be held criminally liable done in behalf of the corporation
2. The designation of the offense (Sec 8, 110)
The complaint or information shall state the designation of the offense given by the statute, aver the acts or
omissions constituting the offense, and specify its qualifying and aggravating circumstances. If there is no
designation of the offense, reference shall be made to the section or subsection of the statute punishing it.
- The failure to designate the offense by statute or to mention the specific provision penalizing the act or
erroneous specification of the law violated does not vitiate the information if the facts alleged clearly recite
the facts constituting the crime charged.
3. The acts or omissions complained of as constituting the offense (Sec 9,110)
- this statement should be in ordinary and concise language to enable a person of common understanding to
know what the offense charged
- the terms of the law defining the offense may be used but not necessarily
- the facts constituting the offense, including the circumstances which are essential ingredients thereof but
not conclusion of law must be alleged to enable the court to pronounce judgment
- aggravating circumstances and qualifying circumstances are to be expressly and specifically alleged in the
complaint or information, otherwise the same will not be considered by the court even if proved during the
trial
4. Place of commission of the offense charged (Sec 10,110)
- It is sufficient if it can be understood from its allegations that the offense was committed or some of its
essential ingredients occurred at some place within the jurisdiction of the court (since the place of the
commission of the crime is generally not essential element of the offense charged)
- UNLESS, the place of the commission of the offense constitute an essential element of the offense or its
necessary for the offense or is necessary for the identifying the offense charged:
o In trespass to dwelling (Art 280, RPC)
o In other forms of trespass to dwelling (Art 281, RPC)
o In violation of Domicile (Art 128, RPC)
EGAD Crim Pro (110 115)
o In interruption of religious worship (Art 132, RPC)
o In offending religious feeling (Art 133, RPC)
o In theft of the property of National Library and National Museum (Art 311, RPC)
o In robbery in inhabited place (Art 299, RPC)
- The SC has the power to order a change of venue or place of trial to avoid a miscarriage of justice and where
the prosecution witness can feel free to reveal what they know is justified (Sec 5(4) Art 8 1987 Consti)
5. Date of commission of the offense (Sec 11,110) Page |
- The precise time of the commission of the offense need not to be stated unless time is a material ingredient 4
of the offense, such as:
o Infanticide (art 255, RPC)
o Intentional Abortion (Art 256, RPC)
o Unintentional Abortion (Art 257, RPC)
o Abortion practiced by woman herself or by her parents (Art 258, RPC)
o Physical Injuries (Art 263 266, RPC)
o Violation of Omnibus Election Code of the Philippines
- Time of the commission should be alleged as near as possible to its actual date
- on or about does not require the prosecution to prove precise date but may prove any date which is not
so remote as to surprise and prejudice the accused
6. Name of the offended party (Sec 12,110)
The complaint or information must state the name and surname of the person against whom or against whose
property the offense was committed, or any appellation or nickname by which such person has been or is known. If
there is no better way of identifying him, he must be described under a fictitious name.
(a) In offenses against property, if the name of the offended party is unknown, the property must be described
with such particularity as to properly identify the offense charged.
(b) If the true name of the person against whom or against whose property the offense was committed is
thereafter disclosed or ascertained, the court must cause such true name to be inserted in the complaint or
information and the record.
(c) If the offended party is a juridical person, it is sufficient to state its name, or any name or designation by
which it is known or by which it may be identified, without need of averring that it is a juridical person or that it is
organized in accordance with law.
(d) In the cases of libel, it is essential that the name of the victim must be identifiable or name of the complaint
or information

Duplicity of the offense (Sec 13,110):

General Rule: A complaint or information must charge only 1 offense
Exception: The rule on duplicity of offenses does not apply where the law prescribes a single penalty for various offenses
such as a complex crims under RPC or Special Complex Crime (Robbery with Homicide or with Rape or Rape with
Homicide)

Principle of Delito Continuado (Continuing Offense): There is a continuing offense when two or more violations of the
same penal provisions are united in one and the same intent or resolution leading to the perpetration of the same
criminal purpose or aim:
Single Larceny Rule:
i. The theft of 6 roosters belonging to 2 different owners committed by the accused from the same
place and time
ii. The theft of 2 roosters in the same place and same occasion
iii. The theft of 13 cows belonging to 2 different owners committed by the accused at the same time
and the same place

Amendment and Substitution (Sec 14, 110)

- Before the accused pleads, amendment is allowed even without leave of court, whether the amendment be
in form or in substance
EGAD Crim Pro (110 115)
- During trial, generally, no amendment of information during the trial if would prejudice the right of the
accused, EXCEPT:
o Doctrine of Supervening Event amendment due to the happening of new event material to the
case in issue
o Doctrine of Subsequent Discovery e.g. slight physical injury was charged with healing period of 5
9 days but when it healed, scar or physical deformity was apparent, this becomes a Serious Physical
Injury Page |
o Doctrine of Nolle Prosequi dismissal entered before he accused is placed on trial and before he is 5
called to plead
This is not equivalent to acquittal and does not bar a subsequent prosecution for the same
offense since it partakes the nature of discontinuance in a civil suit and leaves the matter in
same condition in which it was before the commencement of prosecution
Nolle Prosequi refers to the voluntary withdrawal by the prosecuting attorney of the
present proceedings on a criminal charge. Commonly called nol pros
- 2 kinds of Amendment:
o As a matter of right either substantial or formal (any time before plea)
o As a matter of discretion with leave of court, after accused enters his please and/or during the
trial if no prejudice on the right of the accused
Test WON accused is prejudiced:
Where the defense of the accused is altered
Where the defense of the accused is no longer available after amendment
Distinction
Amendment Substitution
May involve either formal or substantial changes Necessarily involves a substantial changes from the
original charge
Before accused enters his plea, formal or substantial Necessarily requires leave of court as the original
amendment may be made without leave of court information has been dismissed
Formal amendment does not require preliminary Necessarily requires reinvestigation unless waived by the
investigation; accused has to plea accused anew to the new info
Amended complaint or information refers to the same New complaint or info relates to a different offense and is
offense or to the offense necessarily includes or is not included in the original information
necessarily included in the original offense
After plea, substantial amendment cannot be made upon Before judgment, substitution may be made , provided the
objection of the accused, otherwise, if the original accused would not be placed in jeopardy
information is withdrawn, the accused may invoke double
jeopardy
Original complaint or information is withdrawn with the Original information is dismissed upon filing of a new
consent of the court before filing of an amended complaint or information
complaint or information

Place where ACTIOn is to be INSTITUTED (Sec15,110)

(a) Subject to existing laws, the criminal action shall be instituted and tried in the court of the municipality or territory
where the offense was committed or where any of its essential ingredients occurred.
(b) Where an offense is committed in a train, aircraft, or other public or private vehicle in the course of its trip, the
criminal action shall be instituted and tried in the court of any municipality or territory where such train, aircraft, or
other vehicle passed during its trip, including the place of its departure and arrival.
(c) Where an offense is committed on board a vessel in the course of its voyage, the criminal action shall be instituted
and tried in the court of the first port of entry or of any municipality or territory where the vessel passed during such
voyage, subject to the generally accepted principles of international law.
(d) Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal Code shall be
cognizable by the court where the criminal action is first filed.
*see page 32 of Fundamentals of Crim Pro by Escatron for exceptions
EGAD Crim Pro (110 115)

Intervention of the Offended Party In Criminal Action where the civil action for recovery of civil liability is instituted in
the criminal action (Rule 111), the offended party may intervene by counsel in the prosecution of the offense subject
always to the direction and control of the public prosecutor
111: Prosecution of Civil Action
Institution of Civil Action
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General Rule: When a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense
charge shall be deemed instituted 6
Exceptions:
When the offended party waives his right to file civil action
When the offended party reserves his right to institute it separately
When the offended party institute the civil action prior to the criminal action
When the civil action was filed in court before the presentation on of evidence for the prosecution in the
criminal action where the presiding judge hearing criminal case was duly notified
Exception to the exceptions:
When the law does not allow reservation of independent civil action (e.g. BP22)
When the criminal action does not affect private right (e.g. Forestry Code, Anti-graft and corruption
practices)

(WHEN) Institution of separate civil action shall be made before the public prosecutor STARTS presenting evidence
and under the circumstances affording the private offended party a reasonable opportunity to make such
reservation
Art 100 of RPC: Every person criminally liable for FELONY shall also be civilly liable
(BASIS) Under legal principle that a person who is criminally liable is also civilly liable is the view that from the stand
point of its effect, a crime has dual character:
o An offense against the State because e of the disturbance of the social order; and
o As an offense against the private person injured by the crime unless involves the crime of treason, rebellion,
espionage, contempt and other offenses wherein part of the offender either because there are no damages
to compensated or there is no private person injured by the crime
Filing fee for civil action (which is instituted together with criminal action) are not included in the computation of
the actual damages claimed by the offended party. These are to be paid only if other items of damages such as
moral, nominal, temperate or exemplary damages are alleged in the complaint or information, or if there are not so
alleged, shall constitute as first lien on the judgment

Rules to be observed in Case a Separate Civil Action is instituted from Criminal Action (Sec 2, 111)
1. After the criminal action has commenced, the separate civil action arising therefrom cannot be instituted UNTIL final
judgment has been entered in the criminal action
2. If the criminal action is filed after the said civil action has been instituted, the civil action shall be suspended in
whatever stage it may be found before the judgment on the merit. The suspension shall last UNTIL final judgment
has been entered in the criminal action
3. During the pendency of the criminal action, the running period of the civil action which cannot be instituted
separately shall be tolled.
4. The extinction of the penal action does not carry with it the extinction of the civil action:
a. Where the acquittal is based on reasonable doubt
b. Where the court expressly declares that the liability of the accused is not criminal but only civil in nature
c. Where the civil liability is not derived from or based on the criminal act of which the accused is acquitted
5. (Sec 5, 111) A final judgment in a civil action absolving the defendant from the civil liability is not a bar to a criminal
action against the defendant for the same act of omission subject to the criminal actions

Generally, civil action shall be suspended when the criminal action has been filed EXCEPT:
o When civil action may proceed independently (Sec 3, 111) *see page 42 of Funda
EGAD Crim Pro (110 115)
Civil action arising from Art 32 of the New Civil Code regarding the violation of the constitutional
rights
Civil action arising under Art 33 of the NCC regarding defamation, fraud and physical injusries
Civil action arising under art 34 of the NCC regarding the liabilities of the Police Offices
Civil action under Art 2176 of the NCC regarding QUASI-DELICTS (Not a crime; no contract; semi crime)
Criminal actions to recover civil liability arising from delict and civil action based on a quasi-
delict may proceed simultaneously provided that the offended party is not allowed to Page |
recover on both scores and would be entitled in such eventuality only to a bigger award of 7
the 2, assuming the awards made in the 2 cases vary
The civil liability for the same act considered as a quasi-delict only and not as a crime is not
extinguished even by the declaration in the criminal case that the act has not happened or
has not been committed by the accused.
o A prejudicial civil action
Prejudicial Question (Sec 6 & 7, 111)
o Is a question arising from a civil action that is to intimately connected with the issues in the criminal
case that is determinative of the guilt of the accused and the resolution of the civil case is
determinative of the innocence of the accused
o Elements:
There is a previously instituted civil action which involves an issue similar or intimately
related to the issue raised in the subsequent criminal action; and
The resolution of such issue determines whether or not the criminal action may proceed
o A petition of suspension of criminal action by reason of prejudicial question may be filed at the
prosecutors office during preliminary investigation or at the trial court any time before the
prosecution rests its case
o Purpose of suspension of criminal action: to avoid duplicity of suits and prevent vexatious litigations,
conflicting judgments, confusion between litigants and courts
- When the civil action is subsequently consolidated with the criminal action before the judgment on merits
on a prior file civil action, the evidence already reduced in the civil action shall be deemed automatically
reproduced in the criminal action without prejudice to the right of the prosecution to cross-examine the
witnesses presented by the offended party in the criminal case. The consolidated actions shall be tried and
decided jointly

Effect of Death of the Accused: WON its extinguishes his civil liability
Before arraignment:
The case shall be dismissed without prejudice to any civil action the offended party may file against the estate of
the deceased.
After arraignment and during pendency of the appeal:
1. The death of the accused extinguishes his criminal liability and civil liability provided that the civil liability is
directly arising from and based solely on the offense committed, that is civil liability ex delicto in the strict
sense;
2. The claim for civil liability survives the death of the accused if it is predicted upon the source of obligation
other than a delict, such as one based on law contract quasi-contract or quasi-delict as provided in Article
1157 of NCC;
3. An action for the recovery of surviving civil liability may be pursued only by filing a separate civil action
against the executor/ administrator of the estate of the accused, depending on the source of the obligation
and subject to provisions of Sec 1 Rule 11 of RoC
4. If the civil action had been instituted together with the criminal action prior to the latters extinction, the
statute of limitations on the civil liability is deemed interrupted during the pendency of the criminal offense
conformably with Art 1155 of NCC
The heirs of the accused may be substituted for the deceased without requiring the appointment of an executor or
administrator and the court may appoint a guardian ad litem for the minor heirs.
The court shall order legal representative/s to appear and be substitutes within a period of 30 days from notice
EGAD Crim Pro (110 115)
A final judgement entered in favor of the offended party shall be enforced in the manner especially provided in
these Rules for prosecuting claims against the estate of the deceased
112: Preliminary Investigation
Preliminary Investigation- is an inquiry or proceeding conducted by authorized persons by law in order to determine
whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the
respondent is probable guilty thereof, and should be held for trial
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- Statutory right; can only be invoked only when specifically granted by the statute; a component part of due
process in criminal justice 8
- Substantive right
- Personal right; can be waived expressly and impliedly; failure of the accused to request for preliminary
investigation within a specified period is deemed a waiver of his right to a preliminary investigation
- Not part of trial;
- dismissal of prosecuting officer or absence of Preliminary Investigation
o does not bar filing of another complaint of the same offense and does not constitute double
jeopardy
o does not affect the jurisdiction of the trial court but merely the regularity of the proceedings
o does not impair the validity of the information or otherwise render it defective
o not a ground to quash the information
o does not nullify the arrest issued against him nor justify the release of the accused from detention
o the trial court should suspend the proceedings and order a preliminary investigation.

Cases which require Preliminary Investigation (Page 1 of this document)

Officers Authorized to conduct Preliminary Investigation (Sec 2, 112)

1. Provincial or City Prosecutors and their assistants
2. National and Regional State Prosecutors
3. Other officers as may be authorized by law
4. Duly authorized legal officers of the COMELEC
5. The Ombudsman in cases cognizable by Sandiganbayan
6. The PCGG for the recovery of ill-gotten wealth of the then Pres Marcos

Remedies of the offended party in case the public prosecutor refuses to file information despite existence of probable
cause or sufficient ground to hold a respondent or other respondents for trial (since filing is only discretionary with the
public prosecutor):
1) He may file a motion for reconsideration
2) He may file an action for mandamus to compel the prosecutor to file such information
3) He may take up the matter to the Secretary of Justice or Regional State Prosecutor, as the case maybe
4) He may file a criminal charges against the prosecutor
5) He may file an administrative case against the prosecutor
6) He may ask for the appointment of a new prosecutor
7) He may file a civil action for damages against the prosecutor

Probable Cause is the existence of such facts and circumstances that would lead a discreet and prudent person to
believe that an offense has been committed by the person sought to be arrested
Prima facie evidence is one which is supported by sufficient evidence and will support a finding in absence of evidence
to controvert it

REFER TO RULES OF COURT RULE 112 for the following:

1. Section 3 Procedure of Preliminary Investigation
2. Section 4 Resolution of Investigating Prosecutor and its review
3. Section 5 Resolution of Investigating Judge and its review
EGAD Crim Pro (110 115)
Suspension of Criminal Action
General Rule: No suspension of criminal action
Except:
a) To afford adequate protection of constitutional rights of the accused
b) When necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions
c) When there is a prejudicial question which is sub judice
d) When the acts of the officers are without or in excess of authority Page |
e) When the prosecution is under an invalid law, ordinance or regulation 9
f) When double jeopardy is clearly apparent
g) When the court has no jurisdiction over the offense
h) Where it is a case of persecution rather than prosecution
i) Where the charges are manifestly false and motivated by lust for vengeance
j) When there is clearly no prima facie case against the accused and a motion to quash on that ground has been
denied
k) Preliminary injuction has been issued by the Supreme Court to prevent the threatened unlawful arrest of petitioner

Action to be taken by Court where a complaint or information is filed (See Sec 6 and 7)
Within 10 days from the filing of the complaint or information, the judge shall personally evaluate the resolution
of the prosecutor and its supporting evidence. He may immediately dismiss the case if the evidence on the record clearly
fails to establish probable cause. If he finds probable cause he shall issue warrant of arrest, or a commitment order if the
accused has already been arrested pursuant to a warrant issued by the judge who conducted preliminary investigation
or when the complaint or information was filed.
In case of doubt on the existence of the probable cause, the judge may order the prosecutor to present
additional evidence within 5 days from notice and the issue must be resolved within 30 days from the filing of the
complaint or information.

Action to be taken by the court before the complaint or information is filed (Sec 7)
When an accused was lawfully arrested without warrant of arrest involving an offense which requires a
preliminary investigation, the court may act on the application for bail by the accused.
EGAD Crim Pro (110 115)
113: Arrest

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
Restraint on persons liberty
taken into custody of law when he is deprived of his freedom of action in any significant way
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Purpose: To prevent the accused from escaping while the case is pending for trial 10

How Made? 2 MODES: (Sec 2)

1) By actual restraint of the person to be arrested; or
2) By submission of the person to be arrested to the custody of the arresting officer
No violence or unnecessary force shall be used in making arrest. Resorting to dangerous means in effecting arrest is not
allowed. Only necessary restraint is permitted.

When? An arrest may be made any day or time of the day or night (No particular time)

Issuance of a Warrant
A warrant of arrest can only be issued upon filing of a written complaint or information and after the court finds
probable cause to determine personally by the judge after examination under oath or affirmation of the complainant
and witnesses, in case of Municipal Trial Courts, and case of Regional Trial Court, the judge may rely on the certification
of the prosecutor found in the information.

Ground for Quashal of Warrant of Arrest

Upon motion of the accused for having been issued without probable cause

Execution of a Warrant (Sec 4)

The head of the office to whom the warrant of arrest was delivered for the execution shall cause the warrant to be
executed within 10 days from its receipt. Within 10 days after the expiration of the period, the officer to was assigned
for execution shall make a report to the judge who issued the warrant. In case of his failure to execute it, he shall state
the reason thereof

Validity of the Warrant

Warrant of arrest remains valid and effective until it is executed or returned, quashed, lifted, set aside or recalled. The
10-day period stated in Section 4 is not the lifetime or period of enforceability of the warrant of arrest, unlike a search
warrant, warrant of arrest does not become functus officio by mere lapse of said period.

Persons authorized to make an arrest:

1) Private citizen under exceptional circumstances
2) Police officers
3) Authorized officers of the National Bureau of Investigation
4) Sheriff or deputy may arrest a person cited of contempt of court
5) Provincial or City Probation Officer
6) Commission of Land Transportation or his deputy
7) Bondsman
8) Commissioner of Customs
9) Commissioner of Bureau of Immigration and Deportation

Duties of arresting officer:

(executing the warrant of arrest) to arrest the accused and deliver him to the nearest police station or jail
without unnecessary delay
To inform him of his constitutional rights (Miranda Rights):
EGAD Crim Pro (110 115)
o Right to remain silent
o Right to have competent and independent counsel preferably his own choice, and
o Right to be informed of those rights (Custodial Rights)
If effected by a law enforcer and without a warrant (section 8)
o To inform the person to be arrested of his authority
o Cause of his arrest
Except: Page |
The person actually committing or attempting to commit an offense, pursued immediately has 11
escaped or forcibly resists before the officer has the opportunity to inform said person,
When the giving of such information would prejudice the suspect of his Miranda Rights or
imperil the arrest
o Deliver to the nearest person

If effected by private individual who is allowed to arrest without warrant (sec 9)

o Inform the person to be arrested the intention to arrest him
o Cause of the arrest
Except
The person has either committed, is actually committing, or attempting to commit, an offense
and is pursued immediately after its commission or has escaped of forcibly resist before his
opportunity to inform
When the giving of such information would prejudice the suspect of his Miranda Rights or such
information would imperil arrest
o Deliver to the nearest police station
o Execute an affidavit of arrest and testify in administrative bodies in court
If effected by a law enforcer with warrant of arrest (Sec 7)
o Inform the accused of the cause of arrest
o Fact that warrant has been issued
Except:
Subject person (a) flee, (b) forcibly resist or escaped before the officer has the opportunity to
inform him
When the giving of such information would prejudice the suspect of his Miranda Rights or
imperil the arrest
o Deliver the person to the court who issued the warrant
o Make written report of the said warrant of arrest to the court, who will issue a commit order for the safe
keeping of the arrested accused in jail

Lawful Warrantless Arrest; When?

Instances wherein a peace officer or a private person may arrest a person without a warrant of arrest, as follows:
A.
1) When in his presence, the person to be arrested has COMMITTED an offense; or
2) When in his presence, the person to be arrested is actually committing an offense; or
3) When in his presence, the person to be arrested is attempting to commit an offense
An offense is committed in the presence of within the view of an officer when an officer sees the offense,
although at a distance or hear disturbances created thereby and proceeds at once to the scene thereof
b) When an offense has been in fact just been committed and he has personal knowledge of facts indicating that the
person to be arrested has committed
Personal knowledge of facts must be based on probable cause which means such facts and circumstances
which would lead a reasonable discreet and prudent man to believe that an offense has been committed
Crime must be actually committed (undisputed fact)
The test of reasonable ground applies only to the identity of the perpetrator
c) When the person to be arrested is a prisoner-escape (Section 13)
EGAD Crim Pro (110 115)
A warrantless arrest may be made by police officer based on their personal knowledge culled from the information
supplied by the victim herself who pointed to the suspect as the man who raped her at the time of his arrest

Reason behind Warrantless Arrest

To hold that no criminal can, in any case, be arrested and searched without a warrant, would be to leave people in
society to a large extent at the mercy of shrewdest, the most expert and most deparaved of criminal facilitating their
escape in many instances Page |
12
Consequences if arrest illegally made:
1) If arrest is illegally made by a public officer, Arbitrary Detention is committed; or arresting officer can be held
liable
2) If arrest was done by private individual and:
a. The person arrested is delivered to the police or lawful authorities, Unlawful Arrest is committed
The person arrested was not delivered to the police or lawful authorities, Illegal Detention is committed

Officers may summon assistance (sec 10)

An officer making lawful arrest may orally summon as many (Private) persons as he deem necessary to assist him in
effecting the arrest. The private person so aiding the officer is considered as an agent of law, so that the force or
intimidation against him is punishable as indirect assault. Also, a private person may not be compelled to render
assistance to an arresting office in making an arrest when such aid will cause detriment or harm to himself

Right of officer to break into and break out building: (Sec 11 and 12)
An officer making an arrest with or without a warrant may break into a building by opening a door or window provided:
a) The person to be arrested is in the building or enclosure is reasonable believed to be
b) The officer is refused admittance
c) He has announced his authority and purpose
When an officer has entered the building or enclosure in accordance to the ones mentioned above, he may break out
therefrom when necessary to liberate himself

The home, therefore cannot be guaranteed as a shelter of crime and bad faith, and for that reason, with the formalities
hereinafter enumerated, the public authorities may enter the house of any citizen in the following cases:
1) To arrest any person against whom a warrant of arrest has been issued
2) To capture the person of any known criminal either because of his having been caught in flagrante delicto, or
because there is a reasonable ground to belive he is guilty, although no warrant for his arrest has been actually
issued;
3) To prevent the consummation of a crime, the commission of which being planned or has already commenced;
4) To search for and seize the effects of crime or evidence of the commission of the same and of the identity of the
guilty parties
5) To detect and seize all contraband articles which the subject of state monopolies; and
6) For the purpose of attaching property

Remedies of Person Arrested Against Public Officer

1) Aggrieved party may file criminal action under Art 269 of RPC
2) Aggrieved party may file civil action under Art 32(4) of NCC
3) File for administrative sanctions under Civil Service Law
4) File for criminal sanction under RA No. 7438
Failure of arresting, detaining or investigating officer to inform any person arrested, detained or under
custodial investigation of his Miranda Rights and Custodial Rights shall suffer Php 6000 pesos or a
penalty of imprisonment of not less than 8 years but not more than 10 years or both. And for any officer
who obstruct, prevents or prohibits any lawyer, any member of the immediate family of a person
arrested, detained or medical doctor or priest or religious minister from visiting and conferring
EGAD Crim Pro (110 115)
privately chosen by him or any member of his immediate family with him shall suffer the penalty of not
less than 4 years nor more than 6 years and a fine of Php4,000.

Right to Visitation
Any member of the Philippine bar shall, at the request of the person arrested or of another acting in 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 of
the night (if urgent cases) subject to reasonable regulations. Page |
13
Custodial Investigation
- The questioning initiated by law enforcement officer after a person has been into custody or otherwise
deprived of his freedom of action in any significant way.
- The stage where the police investigation is no longer a general inquiry into an unsolved crime buy has begun
to focus on a particular suspect who has been taken into custody by the police who carry out a process of
interrogation that leads itself to illicit incriminating statements.

Custodial Rights of the Accused

1) Right against arbitrary detention
2) Right against torture, inhumane treatment
3) Right to remain silent
4) Right against solitary confinement
5) Right to be assisted by counsel at all times or by NGO or International NGO duly accredited by the Office of the
President
6) Right to be informed that anything he may say may be used against him
7) Right to privacy of correspondence and communication
8) Right against unreasonable searches and seizure
9) Right to have competent and independent counsel preferably of his own choice and be provided with one if he
cannot afford the service of counsel
10) Right to waive assistance of counsel provided:
a. In writing
b. In the presence of a counsel
*The right of the suspect to be informed of his Constitutional rights cannot be waived. What may be waived is the
existence of right to remain silent and the assistance of a counsel.

Instances wherein a person need not be informed of his custodial rights

1) Statement of witnesses
2) Volunteered statements
3) Confession given to a media practitioner
4) Extra-judicial admission of a person to be presented as state witness
5) Admission in the course of investigation by a citizen or private security officer

Duty of the Investigating Officer during Custodial Investigation

- To inform the accused of his rights in a manner that the information be adequately transmitted to the
accused and understood by them. The degree of explanation required will necessarily vary, depending upon
the education, intelligence and other relevant personal circumstance of the person under investigation.
Suffice to say that a simpler and more lucid explanation is needed where the subject is unlettered.

Duty of the Assisting Counsel at the Custodial Investigation

- Must be present from the beginning up to the end of the custodial investigation

Confession
- It is the declaration of an accused, acknowledging his guilt of the offense charged, or of any offense
necessarily included therein, which may be given evidence against him.
EGAD Crim Pro (110 115)
Requisites before Confession be Admissible in Evidence
1) Confession must be express and categorical
2) Given voluntarily
3) Given with assistance of a competent and independent counsel
4) Reduced into writing and in the language known to and understand by the confessant
5) Signed or thumb-marked by the confessant, if he does now know how to read and write
Page |
Exclusionary Rule 14
Any confession or admission obtained from the accused in violation of Section 12 (Custodial Investigation) or Sec 17
(Right against self-incrimination) of the Constitution shall be inadmissible in evidence against the accused. Illegally seized
documents are not admissible in evidence.
Except:
1) Confession executed before Jan 17, 1973 or 1973 Constitution took effect
2) Res Gaste statements statements given in administrative investigation
3) Official forms prepared and accomplished in the normal cause of audit regularly conducted by the Commission
on Audit
4) Volunteered statement
5) Statement given by the confessant to the radio practioner
6) Statement given to the TV-Media practioner
7) On the scene interview
8) X-ray examination of the body
EGAD Crim Pro (110 115)
114: Bail
Bail
-is the 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 as required under the conditions specified in Section 2, Rule 114. (sec 1)
Bail is not a bar to objections on illegal arrest, lack of or irregular preliminary investigation provided that he raises
them before he enters his plea. The court shall resolve the matter as early as practicable not less than the start of
the trail of case. (Sec 26) Page |
15
No person under detention by legal process shall be released or transferred except upon order of the court or when
he is admitted to BAIL. (Sec 3)
Purpose: to relieve an accused from imprisonment until his conviction and yet secure his appearance at the trial

Constitutional Mandate
All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall,
before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right
to bail shall not be impaired even when the writ of habeas corpus is suspended. Excessive bail shall not required.
*writ of habeas corpus requires a person under arrest to be brought before a judge; ensures a prisoner can be released from
unlawful detention

Person Required to Post Bail

1) Accused (Rule 114)
2) Material Witness (Sec 11, Rule 119 & Sec 14(3), Rule 110)

Conditions of Bail (Sec 2)

1) The undertaking shall be effective upon approval, and unless cancelled, shall remain in form at all stages of the
case until promulgation of the judgement of the Regional Trial Court, irrespective of whether the case was
originally filed in or appealed to it;
2) The accused shall appear before the proper court whenever required by the court or these Rules
a. During arraignment
b. During trial for identification purposes
c. Promulgation of judgement
3) The failure of the accused to appear in the trial without justification and despite due notice shall be deemed a
waiver of his right to be present Trial in Absentia: (Requisites of Trial in Absentia)
a. The accused had been properly arraigned
b. The accused or his counsel has been duly notified
c. His failure to appear was unjustified
4) The bondsman shall surrender the accused to the court for execution of final judgment

The bail guarantees that

1) Before conviction, the accused will appear during the trial and the bond shall be effective until its promulgation
of judgment
2) After conviction, the accused will surrender to the court for the execution of final judgment. Incase accused fails
to do so the surety will surrender the accused to the court for the execution of judgement

Bail, as a matter of right (Sec 4 and Sec 13, Article 3 of 1987 Consti)
All persons, EXCEPT THOSE CHARGED WITH OFFENSES PUNISHABLE BY DEATH, RECLUSION PERPETUA OR LIFE
IMPRISONMENT WHEN THE EVIDENCE OF GUILT IS STRONG, shall, before conviction, be bailable by sufficient sureties,
or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the writ of
habeas corpus is suspended. Excess bail shall now be required. An accused is entitled to bail as a matter of right in the
following cases:
1) Before or after conviction by the MTCs
2) Before conviction by the RTD of offenses not punishable by death
EGAD Crim Pro (110 115)

Remedy when bail, as a matter of right, is denied

1) Accused may file Petition for Mandamus to compel trial judge to admit the accused to bail
2) Accused may file for petition for Certiorari under Rule 65
3) Accused may file for Petition for Habeas Corpus under Rule 102

Bail, as a matter of discretion Page |

Upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life 16
imprisonment, admission to bail is discretionary. The application for bail may be filed and acted upon by the trial court
despite the filing of a notice of appeal, provided it has not transmitted the original record to the appellate court.
However, if the decision of the trial court convicting the accused changed the nature of the offense from non-bailable to
bailable, the application for bail can only be filed with and resolved by the appellate court.
Should the court grant the application, the accused may be allowed to continue on provisional liberty during the
pendency of the appeal under the same bail subject to the consent of the bondsman.
If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the accused shall be denied
bail, or his bail shall be cancelled upon a showing by the prosecution, with notice to the accused, of the following or
other similar circumstances:
(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime aggravated by
the circumstance of reiteration;
(b) That he has previously escaped from legal confinement, evaded sentence, or violated the conditions of his
bail without valid justification;
(c) That he committed the offense while under probation, parole, or conditional pardon; (d) That the
circumstances of his case indicate the probability of flight if released on bail; or
(e) That there is undue risk that he may commit another crime during the pendency of the appeal.
The appellate court may, motu proprio or on motion of any party, review the resolution of the Regional Trial Court after
notice to the adverse party in either case. (5a)

Period to Post Bail (When)

From the time a person is arrested or deprived of his liberty. [the right to bail presupposes that the accused is
under legal custody]
No bail after judgment of conviction has become final and the accused has started to serve his sentence (Sec 24)

Venue for Application for Bail

A. Where the grant of bail is a matter of right, bail in the amount fixed by may be filled with the court:
1) Where the case is pending; or
2) With any RTC judge, MTC judge in the (same) province, city, or municipality (where the case is pending), in
case of absence or unavailability of the judge where the case is pending; or
3) With any RTC of the place where the accused was arrested, if the accused is arrested in a province, city or
municipality other than where the case is pending; or
4) If no RTC judge is available at the place where accused was arrested, bail may also be filed with any MTC
judge therein
B. Where the grant of bail is a matter of discretion, or the accused seeks to be released on recognizance, the
application may ONLY be filed in the court where the case is pending, whether on preliminary investigation, trial, or
appeal
C. Where a person is in custody but not yet charge in court, bail may be filed with any court in the province, city or
municipality where he is held.

Instances where bail may be granted

A. In cases where the offense charged is Capital Offense (Sec 6 & 7)
1. No person charged with a capital offense or an offense punishable by reclusion perpetua or life
imprisonment, shall be admitted to bail WHEN EVIDENCE OF GUILT IS STRONG, regardless of stage of
criminal action.
EGAD Crim Pro (110 115)
2. Burden of proof of Evidence of Guilt is Strong: Prosecution (Sec 8)
3. A capital offense is an offense which, under the law existing at the time of its commission and of the
application for admission of bail, may be punished by death
4. The capital offenses in RPC are punished by death now Reclusion perpetua due to abolition of death penalty
are as follows:
i. Treason
ii. Qualified Piracy Page |
iii. Parricide 17
iv. Murder
v. Infanticide
vi. Kidnapping and Serious Illegal Detention
vii. Arson
viii. Robbery with Homicide
ix. Rape
B. In cases where the offense charge is a Non- capital Offense the accused may pply for bail:
1. Before conviction by the MTCs bail as a matter of right (sec 4)
2. After conviction by the MTCs bail as a matter of right
3. Before conviction by the RTC and Sandiganbayan as a matter of right; if an offense not punishable by
death, reclusion perpetua or life imprisonment
4. After conviction by the RTC and Sandiganbayan as a matter of discretion; if an offense not punishable by
death, reclusion perpetua or life imprisonment (Sec 5)
C. Application for Bail for a case PENDING on Appeal as a matter of discretion

Instances where Bail is not required

1) When the accused is a youthful offenser
2) When the accused in under probation
3) When a person has been in custody for a period equal to or more than the possible maximum imprisonment
prescribed for the offense charged
4) Person charge of light felonies or violation of City or Municipal Ordinace
5) If the maximum penalty to which the accused may be sentenced is distierro
6) If a person is under custody for a period equal to or more than the maximum of the principal prescribed for the
offense charged without application of the inderterminate sentence law

Petition for Bail Not Entertained

A court cannot entertain an accused motion for bail unless he is in custody of the law or otherwise deprived of
his liberty

Duties of the Prosecution when Bail is Applied for

The prosecution is duty bound to show that the evidence of guilt is strong to justify the courts denial for bail (for cases
under Sec 7)

The evidence presented by the prosecution on a petition for bail to prove that the evidence of guilt is strong need not be
repeated or retaken during trial because it is automatically. However, either the prosecution or the defense may recall
any witness for additional questions except he is (1) dead, (2) outside the Philippines, (3) unable to testify or under Rule
115 Par 1(d) of Rules of Court, (4) incapacitated to testify, and (5) cannot be found in the Philippines

Grant of bail in capital offense, without hearing the prosecution evidence, is not called for. It is an irregularity and
granting of bail is considered void.

Duties of the Court (Judge) In Case of Application of Bail for Capital Offenses punishable by death, reclusion perpetua
or life imprisonment
EGAD Crim Pro (110 115)
1) Notify the prosecutor of the hearing of the application for bail or require him to submit his/ her
recommendation
2) Conduct a hearing of the application for bail regardless of whether or not the prosecution refuses to present
evidence to show that the guilt of the accused is strong for the purpose of enabling the court to exercise it
sound discretion
3) Decide whether the evidence of guild of the accused is strong based on the summary of the evidence of the
prosecution Page |
4) If the guilt of the accused is not strong, discharge the accused upon the approval of the bail bond. Otherwise, 18
petition should be denied.
5) Issue an order containing a summary of evidence presented by the prosecution and defense, if any.

Guidelines for the Amount of Bail

Who shall fix? Judge
Principal Factor be considered: Probability of the appearance of the accused or his flight to avoid punishment
Reasonable amount of bail considering primarily, but not limited to, the following factors:
a) Financial ability of the accused to give bail
b) Nature and circumstance of the offense
c) Penalty for the offense charged
d) Character and reputation of the accused
e) Age and health of the accused
f) Weight of the evidence against the accused
g) Probability of the accused appearing the trial
h) Forfeiture of bail
i) The fact that the accused was fugitive from justice when arrested
j) Pendency of other cases where the accused is on baol
k) Excessive bail is not required

Increase or reduction of bail

After the accused is admitted to bail, the court may, upon good cause, either increase or reduce its amount. When
increased, the accused may be committed to custody if he does not give bail in the increased amount within a
reasonable period. An accused held to answer a criminal charge, who is released without bail upon filing of the
complaint or information, may, at any subsequent stage of the proceedings and whenever a strong showing of guilt
appears to the court, be required to give bail in the amount fixed, or in lieu thereof, committed to custody. (20a)

Release on Bail
The accused must be discharged upon approval of the bail by the judge with whom it was filed in accordance
with Section 17 of this Rule (Bail, where filed).
When bail is filed with a court other than where the case is pending, the judge who accepted the bail shall
forward it, together with the order of release and other supporting papers, to the court where the case is pending,
which may, for good reason, require a different one to be filed. (19a)

Duties of a Bondsman
He takes charge of and absolutely becomes responsible for the accuseds custody
It is his inevitable obligation, not a right, to keep the accused at all times under his surveillance, in as much as
the authority emanating from his character as surety is no more or less than the Governments authority to hold
the said accused under preventive imprisonment
The undertaking of the bondsman covers 3 stages:
o During trial
o During promulgation of judgment; and
o The execution of sentence
After the execution of sentence or judgment, the bondsman is released from his responsibility and entitled to
the surety he submitted for bail bond
EGAD Crim Pro (110 115)
In cases of forfeiture of bail

Forfeiture of Bail
If the accused fails to appear when he is required by the court and the bondsman, counsel and accused was duly notified
of the given date and time, his bail shall be declared forfeited and the bondsmen, within 30 days, must:
(a) produce the body of their principal or give the reason for his non-production; and
(b) explain why the accused did not appear before the court when first required to do so. Page |
Failing in these two requisites, a judgment shall be rendered against the bondsmen, jointly and severally, for the amount 19
of the bail. The court shall not reduce or otherwise mitigate the liability of the bondsmen, unless the accused has been
surrendered or is acquitted. (21a)

Modes of Cancellation of Bailbond

1) Upon application of the bondsman:
a. Upon surrender of the accused
b. Upon proof of death of the accused
2) Automatic cancellation of bail such as:
a. Upon aquital of the accused
b. Upon dismissal of the case
c. Upon execution of the judgement of conviction
3) Forfeiture of Bail (see above) Confiscation of Bail

Four Types of Bail Bond

1) Corporate Surety Bond or Bail Bond
2) Property Bond
3) Cash Bond
4) Recognizance

Corporate Surety Bond

- Is an obligation given by the accused with one or more sureties on one side and the state on the other
condition upon performance by the accused of such acts as he may be legally required to perform by the
court
Corporate Surety
- Any domestic or foreign corporation, licensed as a surety in accordance with law and currently authorized to
act as such, may provide bail by a bond subscribed jointly by the accused and an officer of the corporation
duly authorized by its board of directors
Requisites for the Acceptance of Surety Bond:
1) Photocopy of the certification issued by the SC, accompanied by the photocopies of the receipts
payment by the surety company of the requisite fee of the SC, is attached to the bond
2) Certificate of the Clerk of Court of the Regional Trial Court where the case is filed and pending showing
that the bonding company does not have any pending obligations or liabilities to the government,
consisting of writ of execution and/or confiscated bonds in criminal cases and that boonding company
was issued certificate of authority by the Insurance Commission and has updated its obligations
3) Certificate of Authority issued by the Insurance Commissioner
4) Photographs of the accused

Property Bond
A property bond is an undertaking constituted as lien on the real property given as security for the amount of the bail.
How Posted?
Within ten (10) days after the approval of the bond, the accused shall cause the annotation of the lien on the certificate
of title on file with the Registry of Deeds if the land is registered, or if unregistered, in the Registration Book on the space
provided therefor, in the Registry of Deeds for the province or city where the land lies, and on the corresponding tax
declaration in the office of the provincial, city and municipal assessor concerned.
EGAD Crim Pro (110 115)
Within the same period, the accused shall submit to the court his compliance and his failure to do so shall be
sufficient cause for the cancellation of the property bond and his re-arrest and detention. (11a)
Qualifications of sureties in property bond
The qualifications of sureties in a property bond shall be as follows:
(a) Each must be a resident owner of real estate within the Philippines;
(b)Where there is only one surety, his real estate must be worth at least the amount of the undertaking;
(c) If there are two or more sureties, each may justify in an amount less than that expressed in the undertaking but the Page |
aggregate of the justified sums must be equivalent to the whole amount of the bail demanded. 20

In all cases, every surety must be worth the amount specified in his own undertaking over and above all just debts,
obligations and properties exempt from execution. (12a)

Justification of sureties
Every surety shall justify by affidavit taken before the judge that he possesses the qualifications prescribed.He shall
describe the property given as security, stating the nature of his title, its encumbrances, the number and amount of
Other bails entered into by him and still undischarged, and his other liabilities. The court may examine the sureties upon
oath concerning their sufficiency in such manners it may deem proper. No bail shall be approved unless the surety is
qualified. (13a)

Cash Bond
- Cash amount of bail fixed by court
- The money deposited shall be considered as bail and applied to the payment of fine and costs while the
excess, if any, shall be returned to he accused or to whoever made the deposit. (14a)
Where to deposit?
The accused or any person acting in his behalf may deposit in cash with the nearest collector of internal revenue
or provincial, city, or municipal treasurer the amount of bail fixed by the court, or recommended by the
prosecutor who investigated or filed the case.
Requirements:
1) The official receipt or Certificate of deposit of the amount of bail fixed by court; and
2) The written undertaking, executed by the accused containing all the conditions contained in Section 2,
Rule 114 of the Revised Rules on Procedure

Recognizance
- The court may release a person in custody on his own recognizance or that of a responsible person
- Defined as an obligation of record entered into before some court or magistrate duly authorized to take it,
with the condition to do some particular act, the most usual condition in criminal cases being the
appearance of the accused for trial; a contract between the sureties and the State for the production of the
principal at the required time
May be allowed in the following instances:
1) The charge against the accused is for violation of a municipal or city ordinance, alight felony or a criminal offnse
prescribed penalty for which is not higher than 6 months imprisonment or a fine of Php2000 or both under
Recognizance Law (RA6036). Provided the accused has established, to the satisfaction of the court, the inability
to post the required cash or bail bond;
2) When the accused has been in custody for a period equal to or more than the possible maximum imprisonment
of the offense charged to which he may be sentenced;
3) At the discretion of the court, if the accused has been in custody for a period equal to or more than the
minimum of the principal penalty prescribed for the offense charged, without applying the Indeterminate
Sentence Law or any modifying circumstances and
4) At the discretion of the court, and upon the recommendation of the DSWD or other agency/ies, if the accused is
a youthful offender (Over 9 but under 18) at the time of the commission of the offense charged, in whch case,
the accused may be released on his own recognizance or to the custody of his parents or of a suitable person
who shall be punishable for the appearance of the accused.
EGAD Crim Pro (110 115)
115: Rights of the Accused [at trial]
1. Right to be presumed innocent
- Constitutional presumption
- Prosecution must overcome with contrary proof beyond reasonable doubt
- Presumption must prevail unless overturned by competent and credible proof

2. Right to be informed of the nature and cause of accusation against him Page |
- Constitutional Right 21
- Accused should be given the necessary date as to why he is being proceeded against
- An accused cannot be convicted of a crime higher than he is charged at the complaint or information and
tried BUT he may be convicted of a lower offense that charged in the complaint or information under the
Rule on Variance between allegation and proof
- The complaint or information must be in writing charging a person with an offense (Sec 4 of 110). It cannot
charge more than 1 offense except where existing laws prescribe a single punishment for various offenses,
otherwise the accused may move to quash the information (Sec 13 of 110). If the information is vague the
accused is entitled to move for bill of particulars (Sec 9 of 116), so that he may be fully informed of the
charge against hi,.
3. Right to be PRESENT, to DEFEND, and to COUNSEL
- Substantive right; may be waived
- Exercised at every stage of the proceeding (from arraignment to promulgation of the sentence

Right to be Present
- An accused may waive his presence at trial except when his presence is specifically required by the court of
by the Rules of Court for the purpose of his identification by the witnesses except when he stipulations and
admit his identity during the pretrial that he is the person named as the accused in the case on trial
- The presence of the accused becomes an obligation or a duty and therefore indispensable during:
arraignment, at the trial for the purpose of identification, and at the promulgation of judgement except for
light offenses

Trial in Absentia when the accused failed to appear on trial, the court can proceed with the trial provided that
the following requisites are present:
1. The accused was duly notified;
2. The accused had been arraigned; and
3. His failure to appear therein is unjustified
- the court has the duty to rule upon the evidence presented in court and need not to wait for the
accused to appear or be in custody
- after the trial in absentia, the court can render judgement in the case and promulgation may be made
by simply recording the judgement in the criminal docket with a copy thereof served upon his counsel,
PROVIDED that the notice requiring him to be present at the promulgation is served through his
bondsman or warden and counsel
- for an accused NOT IN CUSTODY of the law, his non-appearance constitutes waiver to be right to be
present only for the trial set on the particular date
- for an accused who is IN CUSTODY and later on ESCAPES, waives his right on all subsequent trial dates
until his custody is regained.

Right to Counsel (Rule 115; Section 12 (1), Art III of 1987 Consti)
- An accused has the right to competent counsel of his own choice at the trial from the arraignment to
promulgation of judgment
- The right to counsel does not cover the police line-up for it is not part of custodial investigation and the
suspect is not yet held to answer criminal offense
EGAD Crim Pro (110 115)
- It is the duty of the court to give counsel de officio as counsel of an accused who cannot afford during
arraignment. The counsel de officio shall be given an opportunity to study the case to enable him to
effectively represent the accused

4. Right to testify as a witness in his own

- An accused person has the right to testify as a witness in his own behalf but subject to cross-examination on
matters covered by direct examination Page |
- His silence and refusal to testify shall not prejudice him and cannot be construed as an admission of guilt 22

5. Right against self-incrimination (Right to exempt from testimonial compulsion)

- No person shall be compelled to be a witness against himself
- The prosecution must prove its case without the help of the accused
- Prohibition against oral examination or testimonial self-incrimination
- Not on MECHANICAL ACTS (Blood sample, photographing, etc) and where evidence sought is an OBJECT
EVIDENCE
- Substantial right; may be waived voluntarily, intelligently and claimed
6. Right to confront and cross-examine witnesses against him at the trial
- Substantial Right (Cross-examine)
- Purposes:
o The chief purpose of confrontation is to secure the opportunity for cross-examination
o Second, to allow to observe the deportment and appearance of the witness while testifying
- Affidavits, med certs, sworn statements are inadmissible in evidence unless the person who prepared the
documents is presented as witness to be confronted and cross-examined
- Testimonies without cross-examination are considered hearsays and inadmissible in evidence.
- In trial in absentia of the accused, it means the accused has waived his right to meet the witnesses face to
face.

7. Right to have compulsory process to secure attendance of witnesses and production of evidence in his behalf
- Courts have the inherent power to compel the attendance of persons to testify in a case pending therein
through SUBPOENA
- If a witness failed to appear in court despite duly served subpoena, the court cite him for contempt of
court or arrested, if necessary.
- VIATORY RIGHT - where one is excused from appearance before the court if he resides morethan 100km
from the place of trial; can only be exercised at a CIVIL CASE!

8. Right to have a SPEEDY, IMPARTIAL, and PUBLIC TRIAL

Right to Speedy a trial that can be had as soon as possible, after a person is indicted and within such time as the
prosecution with reasonable diligence, could prepare for it. The trial should be free from vexation, capricious and
oppressive delay.
- Starts from the time the information is filed
- No deprivation when delay in trial was due to his motion for postponement
- Purpose: To assure an innocent person may be freed from anxiety and expense of court litigation or if,
otherwise, of having his guilt determined within the shortest possible time compatible with the presentation
and consideration of whatever legitimate defense he may interpose
- Remedies:
o HABEAS CORPUS under Rule 102 of Rules of Court.
o If the accused was retrained of his liberty, CERTIORARY (Rule 65), PROHIBITION or MANDAMUS.
o Dismissal of the case
- Factors to be considered to determine the right to speedy is violated:
o Length of delay
o Reason of delay
EGAD Crim Pro (110 115)
o Assertion of the right of the accused
o Prejudicial to the accused

Right to Impartial the trial implies an absence of actual bias on the part of the judge. The judge must act in a manner
completely free from suspicion as to its fairness and as to integrity

Right to Public Trial every person who wanted to may be inclined to watch, in all cases, as permitted to attend the trial Page |
- The court may exclude the public from the court room if the evidence to be presented during the trial is of 23
such character as to be offensive to the decency or public morals

9. Right to appeal
Statutory right; may be waived
May be exercised in the manner and in accordance with the provision of the law