REQUISITES FOR A VALID EXERCISE OF CRIMINAL A Complaint is:1. a sworn written statement;2.

charging a person
JURISDICTION: with an offense;3. subscribed by the offended party, any peace officer
or other public officer charged with the enforcement of the law violated.
1. The offense, by virtue of the imposable penalty OR its nature, is one
which the court is by law authorized to take cognizance of, REQUISITES OF A COMPLAINT:
(jurisdiction over the SUBJECT MATTER).
1. it must be in writing and under oath;
2. The offense must have been committed within its territorial
jurisdiction, (jurisdiction over the TERRITORY). 2. it must be in the name of the People of the Philippines;

3. The person charged with the offense must have been brought to its 3. it must charge a person with an offense; and
presence for trial, forcibly by warrant of arrest or upon his
voluntary submission to the court, (jurisdiction over the 4. it must be subscribed by the offended party, by any peace officer or
PERSON OF THE ACCUSED). public officer charged with the enforcement of the law violated.

Section 4. Information defined.

Preliminary Investigation - is an inquiry or proceeding to determine An Information is:

whether there exists sufficient ground to engender a well-founded belief
that a crime has been committed and that the respondent is probably 1. an accusation in writing;
guilty thereof, and should be held for trial. (Sec. 1, Rule 112) 2. charging a person with an offense;
3. subscribed by the prosecutor and filed with the
Preliminary Investigation is required to be conducted BEFORE the court.
filing of a complaint or information for an offense where the penalty
prescribed by law is at least 4 years, 2 months and 1 day without regard REQUISITES OF AN INFORMATION
to the fine.
1. it must be in writing;
PURPOSES 2. it must charge a person with an offense;
3. it must be subscribed by the fiscal; and
1. to determine whether a crime has been committed and whether there 4. it must be filed in court.
is probable cause to believe that the accused is guilty thereof;

2. to preserve evidence and keep the witnesses within the control of the CONTENTS OF A VALID COMPLAINT OR INFORMATION
State;
Name of the accused, including any appellation or
3. to determine the amount of bail, if the offense is bailable. nicknameAn error in the name of the accused is not
reversible as long as his identity is sufficiently established and
PERSONS AUTHORIZED TO CONDUCT A PRELIMINARY this defect is curable at any stage of the proceedings as the
INVESTIGATION insertion of the real name of the accused is merely a matter of
form.
4. Provincial or city fiscal and their assistants The designation of the offense
The acts or omissions complained of as constituting the
5. Judges of the MTC and MCTC offense
The name of the offended party
6. National and regional state prosecutors The approximate time of the commission of the offense
The place wherein the offense was committed
7. Such other officers as may be authorized by law such as: the
COMELEC, Ombudsman and PCGG
Section 1. Institution of criminal and civil actions.

GENERAL RULE:
Section 2. Form of the complaint or information.
When a criminal action is instituted, the civil action for the recovery of
civil liability arising from the offense shall be deemed instituted with
FORM
the criminal action.
1. In writing;2. In the name of the People of the
EXCEPTIONS:
Philippines; and3. Against all persons who appear
1. when the offended party WAIVES the civil action

to be responsible for the offense 2. when the offended party RESERVES his right to
institute a separate civil action
involved. 3. when offended party INSTITUTES A CIVIL
ACTION PRIOR to the criminal action.
Section 3. Complaint defined.
PRIMACY OF CRIMINAL ACTION OVER CIVIL ACTION Rationale: to avoid two conflicting decisions.

1. After the filing of the criminal action, the civil action which has been ELEMENTS OF A PREJUDICIAL QUESTION
reserved CANNOT be instituted until final judgment has been rendered
in the criminal action. 8. The civil action must be instituted prior to the criminal action.

2. If the civil action is instituted BEFORE the filing of the criminal 9. The civil action involves an issue similar or intimately related to the
action and the criminal action is subsequently commenced, the pending issue raised in the criminal action.
civil action shall be suspended until final judgment in the criminal
action has been rendered.
10. The resolution of such issue determines whether or not the
criminal action may proceed.
EXCEPTIONS:
WHERE TO FILE PETITION FOR SUSPENSION BY REASON OF
a) In cases of independent civil actions based upon Arts. 32, 33, PREJUDICIAL QUESTION
34 and 2176 of the Civil Code;
b) In cases where the civil action presents a prejudicial question; 1. Office of the prosecutor; or

c) In cases where the civil action is consolidated with the 2. court conducting the preliminary investigation; or
criminal action; and
d) Where the civil action is not one intended to enforce the civil 3. court where the criminal action has been filed for trial at any time
liability arising from the offense. before the prosecution rests.

ACQUITTAL IN A CRIMINAL CASE DOES NOT BAR Section 6. When warrant of arrest may issueProbable Cause -
THE FILING OF THE CIVIL CASE WHERE: presupposes a reasonable ground for belief in the existence of facts
warranting the proceedings complained of;
1. the acquittal is based on reasonable doubt, if the civil case has
been reserved - an apparent state of facts found to exist upon reasonable inquiry which
2. the decision contains a declaration that the liability of the would induce a reasonably intelligent and prudent man to believe that
accused is not criminal but only civil in nature and the accused person had
3. the civil liability is not derived from or based on the criminal
act of which the accused is acquitted (Sapiera vs. Court of committed the crime charged.
Appeals, 314 SCRA 370).
INSTANCES WHEN WARRANT OF ARREST NOT NECESSARY

11. if the accused is already under detention;

Section 3. When civil action may proceed independently.
12. if the complaint or information was filed after the accused was
The institution of an independent civil action against the offender lawfully arrested without warrant;
under Articles 32, 33, 34 and 2176 of the Civil Code may proceed
independently of the criminal case and at the same time without
suspension of either proceeding. 13. if the offense is punishable by fine only.

Recovery of civil liability under Articles 32, 33, 34 and 2176 of the
Civil Code arising from the same act or omission may be prosecuted ARREST
separately even without a reservation. The reservation and waiver herein Section 1. Definition of arrest.
refers only to the civil action for the recovery of civil liability arising
from the offense charged (DMPI Employees Credit Coop vs. Velez, Arrest the taking of a person into custody in order that he may be
G.R. No. 129282, Nov. 29, 2001). bound to answer for the commission of an offense (Sec. 1 Rule 113).

PURPOSE Modes of Arrest

To prevent the offended party from recovering damages twice for the 1. arrest by virtue of a warrant
same act or omission. 2. arrest without a warrant under exceptional circumstances as
may be provided by statute (Sec. 5, Rule 113).

ESSENTIAL REQUISITES OF A VALID WARRANT OF ARREST

Section 7. Elements of prejudicial question.
1. It must be issued upon probable cause which must be
Prejudicial Question - that which arises in a case, the resolution of determined personally by a judge after examination under
which is the logical antecedent of the issue involved therein, and the oath or affirmation of the complainant and the witnesses he
cognizance of which pertains to another tribunal. It must be may produce
determinative of the case before the court but the jurisdiction to try and 2. The warrant must particularly describe the person to be seized
resolve the question must be lodged in another court or tribunal.
 A:

In the MTC, it is a matter of right before or after conviction, regardless

AWFUL WARRANTLESS ARREST of the offense.

1. When, IN HIS PRESENCE, the person to be arrested has committed, In the RTC,GR: it is a matter of right before conviction,
is actually committing, or is attempting to commit an offense (in
flagrante delicto arrests); XPNs: offenses punishable by death, reclusion perpetua, or life sentence
and the evidence of guilt is strong, in which case it is discretionary.
2. When an offense has in fact just been committed, and he has probable
cause to believe based on PERSONAL KNOWLEDGE of fact and Note: The prosecution cannot adduce evidence for the denial of bail
circumstance that the person to be arrested has committed it; (Doctrine where it is a matter of right. However where the grant of bail is
of Hot Pursuit) discretionary, the prosecution may show proof to deny the bail.

3. When the person to be arrested is a prisoner who has escaped from a Q: Is notice of hearing required?
penal establishment or place where he is serving final judgment or
temporarily confined while his case is pending, or has escaped while
A: Whether bail is a matter of right or of discretion, reasonable notice of
being transferred from one confinement to another.
hearing is required to be given to the prosecutor or fiscal or at least he
must be asked for his recommendation because in fixing the amount of
4. Where a person who has been lawfully arrested escapes or is rescued bail, the judge is required to take into aout a ue of fatos
(Sec. 13, Rule 113); suh as the appliats character and reputation, forfeiture of other
bonds or whether he is a fugitive from justice.
5. By the bondsman for the purpose of surrendering the accused (Sec.
23, Rule 114); and Hearing, however is not required where Bail is recommended by the
prosecution and it is a matter of right.
6. Where the accused attempts to leave the country without permission
of the court (Sec. 23, Rule 114). Q: When the accused is entitled as a matter of right to bail, may the
court refuse to grant him bail on the ground that there exists a high
degree of probability that he will abscond or escape? Explain.

Section 1. Bail defined. A: No. What the court can do is to increase the amount of bail. One of
the guidelines that the judge may use in fixing a reasonable amount of
Bail -- the security given for the release of a person in custody of the bail is the probability of the accused appearing in trial. (1999 Bar
law, furnished by him or a bondsman, conditioned upon his appearance Question
before any court as required under the conditions specified by the rule
(Sec. 1, Rule 114). note: Where the offense is bailable, the mere probability that the
accused will escape or if he had previously escaped while under
detention does not deprive him of his right to bail. The remedy is to
Forms of bail: increase the amount of bail, provided the amount is not excessive

1. corporate surety
2. property bond Q: When is bail a matter of discretion?
3. cash deposit
4. recognizance A: Bail is a matter of discretion

CONDITIONS OF BAIL 1. Upon conviction by the RTC of an offense not punishable

by death, reclusion perpetua or life imprisonment;
The undertaking shall be effective upon approval, and unless cancelled, 2. If the penalty of imprisonment exceeds six (6) years but not
shall remain in force at all stages of the case until promulgation of the more than 20 years, bail shall be denied upon a showing by
judgment of the RTC, irrespective of whether the case was originally the prosecution, with notice to the accused, of the following or
filed in or appealed to it; other similar circumstances:
a. That he is a recidivist, quasi- recidivist or habitual
2. The accused shall appear before the proper courts whenever so delinquent, or has committed the crime aggravated
required by the court or these Rules; by the circumstance of reiteration;
b. That he previously escaped from legal confinement,
evaded sentence, or has violated the conditions of
3. The failure of the accused to appear at the trial without justification
his bail without valid justification;
despite due notice shall be deemed a waiver of his right to be present
c. That he committed the offense while on probation,
thereat. In such case, the trial may proceed in absentia;
parole, or under conditional pardon;
d.That the circumstances of his case indicate the probability of
4. The bondsman shall surrender the accused to court for execution of flight if released on bail; or
the final judgment. e. That there is undue risk that during the pendency of the
appeal, he may commit another crime (Sec. 5).
3. Regardless of the stage of the criminal prosecution, a person
charged with a capital offense, or an offense punishable by
Q: When is bail a matter of right? reclusion perpetua or life imprisonment, when evidence of
guilt is not strong (Sec. 7); and
 4. Juvenile charged with an offense punishable by death, Without prejudice on any liability on the bail
reclusion perpetua or life imprisonment evidence of guilt is
strong (Sec. 17, A.M. No. 02-1-18-SC). ORDER OF FORFEITURE VS. ORDER OF CONFISCATION

1. an ORDER OF FORFEITURE is conditional and interlocutory, there

Property Bond is an undertaking constituted as a lien on the real being something more to be done such as the production of the accused
property given as security for the amount of the bail (sec11); within 30 days as provided by the rules an order of forfeiture is not
appealable
It is required that the annotation of a lien on the land records of the
property posted as bail, otherwise the property bail bond shall be 2. an ORDER OF CONFISCATION is not independent of the order of
cancelled. the order of forfeiture. It is a judgment ultimately determining the
liability of the surety thereunder, and therefore final and execution may
issue at once.
EFFECT OF DEPOSITING CASH AS BAIL

Accused shall be discharged from custody as it is considered as bail. Q: What are the rights of the accused at the trial?

Section 15. Recognizance A: Right:

Recognizance - an obligation of record, entered into before some court 1. to be presumed innocent until the contrary is proved beyond
or officer authorized to take it with a condition to do some particular act reasonable doubt;
and the accused is often allowed to obligate himself to answer the
charge. 2. to be informed of the nature and the cause of the accusation
against him;

Q: When may the court increase or reduce the amount of bail? 3. to be present and defend in person and by counsel at every
stage of the proceeding;
after the accused is admitted to bail.
4. to testify as a witness in his own behalf but subject to cross-
Upon good cause examination on matters covered by direct examination;

5. to exempt from being compelled to be a witness against

himself (against self- incrimination);
: What is the remedy if the bail is increased and the accused did not
give the increased amount of bail within a reasonable time? 6. to confront and cross examine the witnesses against him at
the trial;
A: When the amount of bail is increased, the accused may be committed
to custody if he does not give bail in the increased amount within a 7. . to have compulsory process issued to secure the attendance
reasonable period. of witnesses and production of other evidence in his behalf;

Note: Where the offense is bailable as a matter of right, the mere 8. to have speedy, impartial and public trial; and
probability that the accused will escape, or even if he had previously
escaped while under detention does not deprive him of his right to bail. 9. to appeal on all cases allowed by law and in the manner
The remedy is to INCREASE the amount of the bail, provided such prescribed by law (Sec. 1).
amount would not be excessive. (Sy Guan v. Amparo, 79 Phil 670)

Q: When is bail forfeited?

Q: What is the meaning of the right of presumption of innocence?
A: If the accused fails to appear in person as required, his bail shall be
declared forfeited and the bondsmen within 30 days from the failure of A: The right means that the presumption must be overcome by evidence
the accused to appear in person must: of guilt beyond reasonable doubt. Guilt beyond reasonable doubt means
that there is moral certainty as to the guilt of the accused. Conviction
1. PRODUCE the body of their principal or give the reason for should be based on the strength of the prosecution and not on the
non- production; and weakness of the defense. The significance of this is that accusation is
2. EXPLAIN why the accused did not appear before the court not synonymous with guilt.
when required to do so
Q: What is reasonable doubt?A: It is the doubt engendered by an
investigation of the whole proof and an inability, after such
investigation, to let the mind rest easy upon the certainty of guilt.
Q: When is bail cancelled? A: Bail is cancelled: Absolute certainty is not demanded by law to convict of any criminal
charge but moral certainty is required as to every proposition of proof
1. Upon application of the bondsmen with due notice to the prosecutor, requisite to constitute the offense.
upon surrender of the accused or proof of his death;
Q: What is the equipoise rule?
2. Upon acquittal of the accused;3. Upon dismissal of the case; or4.
Execution of judgment of conviction A: Where the evidence of the parties in a criminal case are evenly
balanced, the constitutional presumption of innocence should tilt in 3. Mandamus proceeding to compel the dismissal of the information; or
favor of the accused who must be acquitted.
4. Ask for the trial of the case and then move to dismiss (Gandicela v.
Lutero, G.R. No. L-4069, Mar. 5, 1951).

Q: What are the effects of waiver of the right to appear by the Q: What is the nature of the right to appeal?
accused?
A: The right to appeal from a judgment of conviction is fundamentally
A: of statutory origin. It is not a matter of absolute right independently of
constitutional or statutory provision allowing such appeal.
1. It is also a waiver to present evidence;
Q: Distinguish the right to counsel during trial from right to
2. Prosecution can present evidence despite the absence of the accused; counsel during custodial investigation?
and
A: Right to counsel during trialmeans the right of the accused to an
3. The court can decide even without effectivecounsel. Counsel is not to prevent the accused from confessing
but to defend the accused. On the other hand, right to counsel during
custodial investigation requires the presence of competent and
Q: What is the scope of the right against self- incrimination? independent counsel who is preferably the choice of the accused. The
reason for such right is that in custodial investigation, there is a danger
that confessions can be exacted against the will of the accused since it is
The right covers only testimonialcompulsion and not the compulsion
not done in public.
to produce real and physical evidence using the body of the accused.
What is custodial investigation?
: What does the right of the accused to confront and cross-examine
a witness against him contemplate?
A: Custodial Iestigatio is the stage hee the police
investigation is no longer a general inquiry into an unsolved crime but
A: Confrontation is the act of setting a witness face- to-face with the
has begun to focus on a particular suspect taken into custody by the
accused so that the latter may make any objection he has to the witness
police who carry out a process of interrogation that lends itself to eliit
which must take place in the court having jurisdiction to permit the
iiiatig stateets People v. Sunga, 399 SCRA 624).
privilege of cross-examination.
Sec. 2(f) of RA 7438 expanded the meaning of custodial investigation.
In addition, the accused is entitled to have compulsory process issued to
It shall include the practice of issuig a iitatio to a peso
secure the attendance of witness and production of other evidence in his
ho is investigated in connection with an offense he is suspected to
behalf [Sec. 1 (g)].
have committed, without prejudice to the liailit of the iitig
offie fo a iolatio of law.
Note: The main purpose of this right to confrontation is to secure the
opportunity of cross-examination and the secondary purpose is to enable
Q: When do the rights in custodial investigation attach?
the judge to observe the demeanor of witness.
A: The rights begin to operate at once as soon as the investigation
Q: What is the right to compulsory process mean?
ceases to be a general inquiry into an unsolved crime and direction is
then aimed upon a particular suspect who has been taken into custody
A: This refers to the right of the accused to have a subpoena and/or and to whom the police would then direct interrogatory question which
subpoena ducestecum issued in his behalf in order to compel the tend to elicit incriminating statements (People v. Jose Ting LanUy, G.R.
attendance of witnesses and the production of other evidence. No. 157399, Nov. 17, 2005). It includes the patie of issuig a
iitatio to a peso who is investigated in connection with an
Q: What is the effect if a witness refuses to testify when he is offense he is suspected to have committed.
required?
Q: What is the importance of the right to counsel in custodial
A: The Court should order the witness to give bail or order his arrest, if investigation?
necessary. Failure to obey a subpoena amounts to contempt of court
A: The importance of the right to counsel is so vital that ude
What are the facts to be considered to determine if the right to eistig la, i the asee of a lawyer, no custodial
speedy trial has been violated? investigation shall be conducted and the suspected person can only be
detained by the investigating officer in accordance with the provisions
A: Length of the delay Reason for the delay; Accuseds assertion of Art. 125 of the Revised Penal Code. (Section 3c RA 7438)
or non assertion of the right, Prejudice to the accused resulting from the
delay. The purpose of providing counsel to a person under custodial
investigation is to curb the uncivilized practice of extracting a
REMEDIES confession. (People v. Duenas, Jr. 426 SCRA 666).

1.Ask for the trial of the case;

2. Unreasonable delay of the trial of a criminal case as to make the

detention of defendant illegal gives ground for habeas corpus as a
remedy for obtaining release;