HANDOUTS ON

CRIMINAL PROCEDURE

Criminal Procedure - is the method prescribed by law for the apprehension and
prosecution of persons accused of any criminal offense, and for their punishment, in
case of conviction.
Criminal Procedure - is concerned with the procedural steps through which the
criminal case passes, commencing with the initial investigation of a crime and
concluding with the unconditional release of the offender.
It is a GENERIC TERM used to describe the network of laws and rules which govern
the procedural administration of criminal justice.

SOURCES OF CRIMINAL PROCEDURE:

1. Spanish Law of Criminal Procedure
2. General Order No. 58, dated April 23, 1900
3. Amendatory Acts passed by the Philippine Commission
4. The various quasi acts, the Philippine Bill of 1902, the Jones Law of 1916, the
Tydings-McDuffie Law, and the Constitution of the Philippines.
5. The Rule of Court of 1940, and the 1964, 1985, and 1988 Rules on Criminal
Procedure.
6. Various Republic Acts, (RA 240, Judiciary Act, RA 8249 Creating the
Sandiganbayan, Speedy Trial Act.)
7. Presidential Decrees
8. 1987 Constitution, particularly Article III Bill of Rights.
9. Civil Code, (Article 32,33,34)
10. Certain Judicial Decisions
11. RA 8393, The Speedy Trial Act
12. Circulars
13. The Revised Rules on Criminal Procedure (December 01, 2001)

SYSTEMS OF CRIMINAL PROCEDURE:

1. Inquisitorial. – The detection and prosecution of offenders are not left to the initiative
of private parties but to the officials and agents of the law.
Resort is made to secret inquiry to discover the culprit, and violence and torture
are often employed to extract confessions.
The judge is not limited to the evidence brought before him but could proceed
with his own inquiry which was not confrontive.
2. Accusatorial. – The accusation is exercised by every citizen or by a member of the
group to which the injured party belongs.
As the action is a combat between the parties, the supposed offender has the
right to be confronted by his accuser. The battle in the form of a public trial is judged
by a magistrate who renders the verdict.
The essence of the accusatorial system is the right to be presumed innocent. To
defeat this presumption, the prosecutor must establish proof of guilt beyond
reasonable doubt. (moral certainty)
3. The Mixed System. – This is a combination of the inquisitorial and the accusatorial
systems. The examination of defendants and other persons before the filing of the
complaint or information may be inquisitorial.

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 As a general rule, a court proceeding in our judicial set-up is accusatorial or
adversary and not inquisitorial in nature as it contemplates two contending parties
before the court which hears them impartially and renders judgment only after trial.

DISTINGUISH BETWEEN CRIMINAL LAW AND CRIMINAL PROCEDURE:

CRIMINAL LAW is substantive, it defines crimes treats of their nature, and provides for
their punishment. (WHAT)

CRIMINAL PROCEDURE, on the other hand is remedial or procedural, it provides for

the methods by which a person accused of a crime is arrested, tried, and punished.
(HOW)

Criminal Law declares what acts are punishable, while Criminal Procedure provides
how the act is to be punished.

HOW ARE THE RULES OF CRIMINAL PROCEDURE CONSTRUED?

- the rules of criminal procedure shall be liberally construed in favor of the
accused and strictly against the state to even the odds in favor of the accused against
whom the entire machinery of the state is mobilized.

DISTINGUISH JURISDICTION FROM VENUE:

Jurisdiction - is the power or authority to hear and try a particular offense and impose
the punishment for it. The general rule is that the jurisdiction of a court is determined by
(1) the geographical limits of the territory over which it presides, and (2) the actions (civil
and criminal) it is empowered to hear and decide. Jurisdiction is conferred by law (BP
129, as amended).

Venue- is the geographical division on which an action is brought to trial for criminal
action or proceeding. Venue is the territorial unit where the power of the court is to be
executed.

VENUE is thus procedural, while JURISDICTION is substantive.

In Civil cases, venue may be waived or stipulated by parties. On the other hand,
jurisdiction is granted by law or the Constitution and cannot be waived or stipulated.

CRIMINAL JURISDICTION
- is the authority to hear and try a particular offense and impose the punishment for
it.

Elements of Jurisdiction in Criminal Cases:

❖ The nature of the offense and/or penalty attached thereto; and

❖ The fact that the offense has been committed within the territorial jurisdiction of
the court.

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 REQUISITES FOR VALID EXERCISE OF CRIMINAL JURISDICTION:

1. It must have jurisdiction over the subject matter:

Jurisdiction over the subject matter is determined by the statute in force at the
time of the commencement of the action and not at the time of its commission
even if the penalty that may be imposed at the time of its commission is less and
does not fall under the court’s jurisdiction.
The jurisdiction of courts in criminal cases is determined by the allegations of
the complaint or information and not by the findings the court may make after
trial. Thus, where a complaint is presented in the Regional Trial Court charging the
defendant with murder and at the close of the trial the court finds that the crime
committed was just reckless imprudence resulting in homicide only falling under
the jurisdiction of the Municipal Trial Court, the RTC retains jurisdiction for the
purpose of imposing the penalty provided for by law for the crime proved to have
been committed.
Where the court has jurisdiction of the subject matter and the person of the
accused, it is not necessary, in order to maintain that jurisdiction, to decide the
case correctly. The court has jurisdiction to decide wrongly as well as rightly.

2. It must have jurisdiction over the territory where the offense was committed:
It is determined by the allegations in the complaint or information as to the
place of the commission of crime and this determines, in the first instance, whether
said court has jurisdiction to try the case.

3. It must have jurisdiction over the person of the accused:

Jurisdiction over the person of the accused is acquired upon his arrest or
voluntary appearance in court. Voluntary appearance in court is accomplished
either by his pleading to the merits (filing a motion to quash, appearing for
arraignment, or entering trial) or by filing bail.

STAGES OF CRIMINAL PROCEDURE

➢ RULE 110: PROSECUTION OF OFFENSES
➢ RULE 111: PROSECUTION OF CIVIL ACTION
➢ RULE 112: PRELIMINARY INVESTIGATION
➢ RULE 113: ARREST
➢ RULE 114: BAIL
➢ RULE 115: RIGHTS OF ACCUSED
➢ RULE 116: ARRAIGNMENT AND PLEA
➢ RULE 117: MOTION TO QUASH
➢ RULE 118: PRE-TRIAL
➢ RULE 119: TRIAL
➢ RULE 120: JUDGMENT
➢ RULE 121: NEW TRIAL OR RECONSIDERATION
➢ RULE 122: APPEAL

PROSECUTION OF OFFENSES

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Institution of criminal actions - Criminal actions shall be instituted as follows:
(a) For offenses where a preliminary investigation is required pursuant to section 1 of
Rule 112, by filing the complaint with the proper officer for the purpose of conducting
the requisite preliminary investigation.
(b) For all other offenses, by filing the complaint or information directly with the
Municipal Trial Courts and Municipal Circuit Trial Courts, 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.
The institution of the criminal action shall interrupt the running period of prescription
of the offense charged unless otherwise provided in special laws.

The Complaint or Information — The complaint or information shall be in writing, in the

name of the People of the Philippines and against all persons who appear to be
responsible for the offense involved.

DISTINCTION BETWEEN COMPLAINT AND INFORMATION:

A Complaint - is a sworn statement charging a person with an offense, subscribed by

the offended party, any peace officer, and officer in charge of the law violated;
An Information - is also an accusation in writing charging a person with an offense
subscribed by the prosecutor and filed with the court.

Who must prosecute criminal actions? - all criminal actions must be prosecuted by
the Prosecutor, and in case the complainant hired a private lawyer to prosecute the
case, he can be under the strict supervision of the government prosecutor.
The crimes of adultery and concubinage shall not be prosecuted except upon a
complaint filed by the offended spouse and that both guilty parties must be included in
the charge if they are both alive.
The offenses of seduction, abduction and acts of lasciviousness shall not be
prosecuted except upon a complaint filed by the offended party or parents,
grandparents or guardian, or by the State if the offended party dies or becomes
incapacitated before she can file the complaint and she has not known parents,
grandparents or guardian.

A Complaint or information is sufficient if it states the following:

1. Name of the accused;
2. Designation of the offense by statute;
3. Act or omission complained of as constituting the offense;
4. Name of the offended party;
5. Approximate time of its commission; and
6. Place where the offense was committed.

The complaint or information must charge but one offense except in complex crimes.

Amendment - is the act of changing, correcting, improving or adding to the

complaint or information filed in court which may either be substantial or formal
amendment.

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 Substantial amendment - consists of changing, correcting, improving or adding the
recital of facts constituting the offense charged and determinative of the jurisdiction of
the court.
Formal amendment - consists of changing all other matters.

Instances of amendment of information or complaint:

✓ Before the accused pleads, complaint or information can be amended in form or
substance without leave of court.
✓ After the accused pleads, complaint or information can be amended in all matter
of form with leave and at the discretion of the court when the same can be done
without prejudice to the rights of the accused.
✓ After trial and before judgment, complaint or information can be amended when
there is mistake in charging the offense and the court will dismiss the original
complaint upon filing of a new one provided accused is not placed in double
jeopardy.

PROSECUTION OF CIVIL ACTION

Institution of criminal and civil actions. - Prosecution of civil action for the recovery of civil
liability – is, as a rule, impliedly instituted with the criminal action EXCEPT when there is (a)
waiver of civil action; (b) reservation of right to file separate civil action; and (c) prior
filing of separate civil action.

If the complainant reserved his right to institute civil action separately, then the
criminal action shall first be heard and only after it is terminated that the civil action shall
be heard.
The extinction of criminal action does not carry with it extinction of civil responsibility
except when the extinction proceeds from a declaration in a final judgment that the
fact from which the civil action might arise did not exist. Likewise, absolving the accused
from civil liability does not bar criminal prosecution.

Prejudicial question - is defined as to be that which arises in a case the resolution of

which is a logical antecedent of the issue involved in said case and the cognizance of
which pertains to another tribunal. The motion to suspend criminal proceeding based on
prejudicial question may be raised in preliminary investigation or trial which, if granted,
will suspend the criminal proceeding.

Elements of prejudicial question:

• The previously instituted civil action involves an issue similar or intimately related to
the issue in the subsequent criminal action;
• The resolution of such issue determines whether or not the criminal action may
proceed

PRELIMINARY INVESTIGATION

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 Preliminary Investigation - is defined as an inquiry or proceeding to determine
whether there is sufficient ground to engender a well-founded belief that a crime has
been committed and the respondent is probably guilty thereof, and should be held for
trial.
Preliminary Investigation - is the second prefatory stage in criminal action. It is the
stage at which the public prosecutor evaluates the findings of the police to determine if
prosecution of the suspect in court is warranted.

Objectives of preliminary investigations:

1. To protect the innocent against hasty, malicious and oppressive prosecution;
2. To protect the innocent from public accusation of a crime, from the trouble,
expense and anxiety of a public trial;
3. To protect the State from useless and expensive prosecution.

Cases that require preliminary investigation:

o All criminal cases cognizable by RTC;
o Criminal cases cognizable by MTCC, MCTC, and MTC of which the maximum
imposable penalty for offense charged ranges from 4 years, 2 months and 1 day.

Note: However, when the accused was lawfully arrested without a warrant of arrest
involving an offense which requires a preliminary investigation, the complaint or
information may file with the court by a prosecutor without need of such preliminary
investigation provided an inquest has been conducted. In the absence or unavailability
of an inquest prosecutor, the complaint may be filed by the offended party or a peace
officer directly with the proper court on the basis of the affidavit of the offended party or
arresting officer or person (Sec. 7, R112).

Officers authorized to conduct preliminary investigation:

▪ Provincial or City Prosecutors and their assistants;
▪ National and Regional State Prosecutors; and
▪ Other officers as may be authorized by law.
E.g. Ombudsman, Comelec, PCGG, Lawyers of BIR, etc…

Procedure in the conduct of preliminary investigation:

The complaint shall state the known address of the respondent and be
accompanied by affidavits of the complainant and witnesses as well, as supporting
documents, in such number of copies as there are respondents, plus two copies for the
official file. The affidavits shall be subscribed and sworn to before any prosecutor or
government official authorized to administer oath, or, in their absence or unavailability,
before a notary public, each of whom must certify that he personally examined the
affiants and that he is satisfied that they voluntarily executed and understood their
affidavits.
Within 10 days after the filing of the complaint, the investigating officer shall either
dismiss the same if he finds no ground to continue with the inquiry, or issue a subpoena to
the respondent attaching to it a copy of the complaint and its supporting affidavits and
documents.
Within 10 days from receipt of the subpoena with the complaint and supporting
affidavits and documents, the respondent shall submit his counter-affidavit (not motion

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to dismiss) and that of his witnesses and other supporting documents relied upon for his
defense.
Such counter-affidavits and other supporting documents shall be subscribed and
sworn to and certified by the said authorized officers mentioned above, with copies
thereof furnished by him to the complainant.
If the respondent cannot be subpoenaed, or if subpoenaed, does not submit
counter-affidavits within 10 days period, the investigating officer shall resolve the
complaint based on the evidence presented by the complainant.
If the investigating officer believes that there are matters to be clarified, he may set
a hearing to profound clarificatory questions to the parties or their witnesses, affording
the parties an opportunity to be present but without the right to cross-examine or
examine the witnesses. If they so desire, they may submit questions to the investigating
officer which the latter may profound to the parties or witness concerned. The hearing
shall be held within 10 days from submission of the counter-affidavits and other
supporting documents or from the expiration of the period for their submission. It shall be
terminated within 5 days.
Thereafter, the investigation shall be deemed concluded, and the investigating
officer shall resolve the case within 10 days therefrom. The investigating officer shall
determine whether or not there is sufficient ground to hold the respondent for trial, in
which case, he will prepare a resolution and corresponding information for filing in court.

Note: Every resolution of an investigating officer must be approved by the provincial

or city prosecutor, or the ombudsman or his deputy in cases of offenses cognizable by
the Sandiganbayan in the exercise of its original jurisdiction, within 10 days from receipt
of the resolution.
Note: As regards offenses which do not require preliminary investigation nor covered
by the Rules on Summary Procedure (Section 9, Rule 112) such as involving an offense
punishable by imprisonment of less than four (4) years, two (2) months and one (1) day,
all that the public prosecutor is required to do is (a) examine the complaint and
supporting affidavits, and (b) personally satisfy himself that the affiants voluntarily
executed and understood their affidavits, and that the suspect has probably committed
the offense charged. This examination and determination he does ex parte, i.e., without
notice to and in the absence of the suspect. He then files the information or criminal
complaint directly with the proper first level Court, for trial and judgment.

When warrant of arrest may issue: 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 and if he finds probable cause, he shall issue a warrant of arrest, or
a commitment order if the accused has already been arrested without warrant or shall
immediately dismiss the case if the evidence on record clearly fails to establish probable
cause.
When warrant of arrest not necessary: A warrant of arrest shall not issue if the
accused is already under detention pursuant to a warrantless arrest or is for an offense
penalized by fine only.

BASIC COURT SYSTEM IN THE PHILIPPINES (A Four-Level Hierarchy):

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1. First Level Courts: Metropolitan Trial Courts, The Municipal Trial Courts in Cities (or
Municipalities) and Municipal Circuit Trial Courts - They are essentially trial courts.
2. Second Level Courts: Regional Trial Courts - In each region, there is a Regional Trial
Court, composed of several branches. Like first level courts, RTCs are trial courts.
3. Third Level Courts: Court of Appeals - It consists of a Presiding Justice and fifty
Associate justices who shall exercise their powers, functions, and duties, through
seventeen (17) divisions, each composed of three (3) members. The Court may sit en
banc only for the purpose of exercising administrative, ceremonial, or other non-
adjudicatory functions. Unlike MTC, etc and RTCs, Court of Appeals is essentially an
appellate court (not a trial court), reviewing cases appealed to it which may review
questions of fact or mixed questions of fact and law.
4. Fourth Level Court: The Supreme Courts - It is the highest court of the land. Like Court
of Appeals, the Supreme Court is a review court but a court of last resort, for no
appeal lies from its judgments and final orders.

SPECIAL COURTS:
1. The Sandiganbayan - Known as the Graft Court, It is a collegiate special court with
limited jurisdiction.
2. The Court of Tax Appeals - Known as the Tax Court, it is also a collegiate special court
vested with jurisdiction to review decisions of the Commissioner of Customs and
Commissioner of Internal Revenue. Its decisions are appealable to the Court of
Appeals.

JURISDICTION OF COURTS IN CRIMINAL CASES:

1. Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and
Municipal Circuit Trial Courts:
a. Exclusive original jurisdiction over all violations of city or municipal ordinances
committed within their respective territorial jurisdiction;
b. Exclusive original jurisdiction over all offenses punishable with imprisonment not
exceeding six (6) years irrespective of the amount of fine, and regardless of other
imposable accessory or other penalties, including the civil liability arising from such
offenses or predicated thereon, irrespective of kind, nature, value or amount
thereof; Provided, however, that in offenses involving damage to property through
criminal negligence, they shall have exclusive original jurisdiction thereof (Sec. 32,
BP 129, as amended).
2. Regional Trial Courts:
a. Exclusive original jurisdiction in all criminal cases in which the penalty provided by
law exceeds 6 years imprisonment and are not within the exclusive jurisdiction of
any court, tribunal or body (Sec. 20, BP 129, as amended);
b. Original jurisdiction in actions affecting ambassadors and other public ministers
and consul (Sec. 21, Id.)
c. Appellate jurisdiction over all cases decided by first level courts (MTCC, MTC,
MCTC).

Note: Any branch of RTC shall be designated as family court which shall exercise
exclusive original jurisdiction over all cases involving minors, domestic violence,
etc………….

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3. Court of Appeals: Exclusive appellate jurisdiction over all final judgments, decisions,
resolutions, orders or awards of Regional Trial Courts and quasi-judicial agencies,
except those falling within the appellate jurisdiction of the Supreme Court in
accordance with the Constitution (Sec. 9, BP 129, as amended).
4. Supreme Court: Appellate jurisdiction over cases decided by the Court of Appeals
and exclusive appellate jurisdiction over cases decided by the Regional Trial Courts
when the penalty imposed by it is death (automatic review), reclusion perpetua, or
life imprisonment.
5. Sandiganbayan:

Exclusive original jurisdiction in all cases involving:

a. Violation of RA 3019, as amended, otherwise known as the Anti-Graft and Corrupt
Practices Act, RA 1379 otherwise known as Forfeiture in favor of the State any
property found to have been unlawfully acquired by any public officer or employee,
and Chapter II, Section 2, Title VII of the Revised Penal Code.
b. Other offenses or felonies committed by public officers and employees in relation to
their office, including those employed in the government-owned or controlled
corporations, whether simple or complexed with other crimes, where the penalty
prescribed by law is higher than prision correcccional or imprisonment for six (6) years,
or a fine of P6,000.00: Provided, however, That offenses or felonies mentioned in this
paragraph where the penalty prescribed by law does not exceed prision
correccional or imprisonment for six (6) years or a fine of P6,000.00 shall be tried by the
proper Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court and
Municipal Circuit Trial Court.
c. Official of the executive branch occupying the positions of regional director and
higher, otherwise classified as Salary Grade 27 and higher, specially including: (1)
Provincial Governor, Vice Governor and members of the SP; (2) Mayor, Vice Mayor
and members of the SP/SB; (3) Official of the diplomatic service occupying the
position of the consul or higher; (4) Army and Air Force Colonels and Navy Captains;
(5) Provincial Director of the PNP and those holding the rank of Senior Superintendent;
(6) City and Provincial Prosecutors or fiscals; (7) President, Directors, Trustees or
Managers of government-owned corporations, etc.

If the accused is possessing a salary grade lower than Grade 27, then his case shall
be brought to the proper regular court. However, appeal of the decision by the
accused can be filed with the Sandiganbayan.

Exclusive appellate jurisdiction:

a. On appeal, from the final judgments, resolutions or orders of the Regional Trial Courts
in cases originally decided by them in their respective territorial jurisdiction;
b. By petition for review, from the final judgments, resolutions or orders of the Regional
Trial Courts in the exercise of their appellate jurisdiction over cases originally decided
by the Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial
Courts in their respective jurisdiction.

ARREST

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 Arrest - is defined as the taking of a person into custody in order that he may be
bound to answer for the commission of an offense.
Arrest how made: An arrest is made by an actual restraint of the person to be
arrested, or by his submission to the custody of the person making the arrest.
Time of making arrest: An arrest may be made on any day and any time of the day
or night.

Two kinds of Arrest:

1. Arrest with warrant issued by the court; and
2. Arrest without warrant (warrantless arrest) effected under any of the following
instances:
When, in the presence of arresting peace officer or private person, the person to be
arrested has committed, is actually committing, or is attempting to commit an offense;
When an offense has just been committed and the arresting peace officer or private
person has probable cause to believe based on personal knowledge of facts or
circumstances that the person to be arrested has committed it; and
When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily confined while
his case is pending, or has escaped while being transferred from one confinement to
another.

Methods and duties of effecting arrest:

 The arresting officer shall inform the person to be arrested of the cause of the
arrest and the fact that a warrant has been issued if the arrest is by virtue of
warrant of arrest;
 He shall show warrant of arrest when the person arrested so requires if the arrest is
by virtue of warrant of arrest;
 He may summon assistance of other persons to make arrest;
 He may break into any building or enclosure to effect arrest or may break out
therefrom for the purpose of liberating himself;
 He shall deliver the person arrested to the nearest police station or jail;
 He shall inform the person arrested of his constitutional rights such as the right to
remain silent, to counsel, not to be tortured in order to obtain confession and to be
informed of these rights.

Search and Seizure - the body of law that covers the issue of examining a persons
property with the intention of finding evidence not in plain view (search) and taking
possession of that property against the will of its owner or possessor (seizure)

BAIL

Bail - is defined as the security given for the release of a person in custody of the law,
furnished by him or a bondsman, to guarantee his appearance before any court.
(SECTION 13, 1987 PHILIPPINE CONSTITUTION)

KINDS OR FORMS OF BAIL BOND:

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 ➢ Corporate Surety Bond - it is a bail bond subscribed jointly by the accused and the
officer duly authorized by the Board of Directors of the corporation licensed as
surety in accordance with law.
➢ Property Bond - it is a bond constituted as lien on the real property given as
security for the amount of the bail.
➢ Cash Bond - a cash is deposited with the clerk of court equivalent to the amount
of bail fixed by the court or recommended by the prosecutor.
➢ Recognizance - it is an obligation of record entered into by the accused or that of
a responsible person before the court in order that the court may release a person
in custody for the crime charged

When bail is a matter of right (accused should not be denied bail):

▪ Before or after conviction by the MTCC, MCTC, MTC;
▪ Before conviction by the RTC of an offense not punishable by death, reclusion
perpetua, or life imprisonment and when evidence of guilt is strong.
When bail is discretionary (accused may be granted or denied bail):
▪ Upon conviction by the RTC of an offense not punishable by death, reclusion
perpetua or life imprisonment.
When bail may be cancelled or denied:
▪ If the penalty imposed by the trial court is imprisonment exceeding 6 years but not
more than 20 years, the accused shall be denied bail or his bail cancelled upon
showing by the prosecution, with notice to the accused, of the following or other
circumstances:
1. The accused is a recidivist, quasi-recidivist, or habitual delinquent, or has committed
the crime aggravated by the circumstance of reiteration;
2. He has previously escaped from legal confinement, evaded sentence, or violated the
conditions of his bail without valid justification;
3. He committed the offense while under probation, parole, or conditional pardon;
4. The circumstances of his case indicate the probability of flight if released on bail;
5. There is undue risk that he may commit another crime during the pendency of the
appeal.

Capital offense - is defined as an offense which, under the law existing at the time of
its commission and of the application for admission to bail, may be punished with death.

Guidelines in fixing the amount of bail:

• Financial ability of the accused
• Nature and circumstances of the offense
• Penalty of the offense charged
• Character and reputation of the accused
• Age and health of the accused
• The weight of evidence against the accused
• Probability of the accused appearing in trial
• Forfeiture of other bonds
• The fact that the accused is a fugitive from justice when arrested; and
• The pendency of other cases in which the accused is under bond

Note: Excessive bail shall not be required.

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 When bail is not required (RA 6036): Bail shall not be required in cases of violation of
Municipal or City ordinances and in criminal offenses when the prescribed penalty for
such offenses is not higher than arresto mayor and/or a fine of two thousand pesos or
both except when the accused:
❖ Is caught committing the offense in flagrante;
❖ Confessed of the commission of the offense;
❖ Has previously escaped from legal confinement;
❖ Has violated his undertaking to report to the clerk of court;
❖ Is recidivist or habitual delinquent;
❖ Commits offense while on parole or under conditional pardon;
❖ Has previously been pardoned by the mayor for violation of ordinance for at least
two times.

Where bail is filed:

With the court where the case is pending, or in the absence of the judge thereof,
with any RTC, MTCC, MCTC, or MTC judge;
If the accused is arrested in a province, city or municipality other than where the
case is pending, with any RTC judge of said place, or in his absence, with any MTCC,
MCTC, MTC judge;
Where the 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.

RIGHTS OF THE ACCUSED

Rights of accused at the trial. — In all criminal prosecutions, the accused shall be
entitled to the following rights:
➢ Right to be presumed innocent until the contrary is proved beyond reasonable
doubt.
➢ Right to be informed of the nature and cause of the accusation against him.
➢ Right to be present and defend in person and by counsel at every stage of the
proceedings, from arraignment to promulgation of the judgment.
➢ Right to testify as a witness in his own behalf but subject to cross-examination on
matters covered by direct examination. His silence shall not in any manner
prejudice him.
➢ Right to be exempt from being compelled to be a witness against himself.
➢ Right to confront and cross-examine the witnesses against him at the trial.
➢ Right to have compulsory process issued to secure the attendance of witnesses
and production of other evidence in his behalf.
➢ Right to have speedy, impartial and public trial.
➢ Right to appeal in all cases allowed and, in the manner prescribed by law.

ARRAIGNMENT AND PLEA

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 Arraignment - consists of: (1) A reading in open court by the judge or clerk of court
of the complaint or information in the language or dialect known to the accused; (2)
Asking the accused whether he pleads guilty or not guilty; and (3) Furnishing the
accused a copy of the complaint or information with the list of witnesses.
Arraignment - is the first stage in a criminal action proper. It shall be held within thirty
(30) days from the date the court acquires jurisdiction over the person of the accused or
after the accused has been arrested. In case the accused is detained (because he
cannot afford bail or his offense is non-bailable), his case is given preference in the
scheduling of the arraignment which shall be held within ten (10) days from the date of
the raffle, pre-trial which shall be held within ten (10) days after arraignment and trial
which shall commence within 30 days from receipt of the pre-trial order.
Plea - in a criminal proceeding, it is the defendant's declaration in open court that he
or she is guilty or not guilty.The defendant's answer to the charges made in the
information.

Requisites of plea of guilty to lesser offense:

• When the offense pleaded to is necessarily included in the offense charged; and
• With the consent of the offended party and the prosecutor

Grounds for suspension of arraignment:

1. Insanity of the accused
2. Existence of a valid prejudicial question in a related civil action
3. Filing of petition for review with the Department of Justice
4. Reinvestigation.

Bill of particulars - is a manifestation by which a party asks for a more definite

statement of any matter which is not averred with definiteness or particularity to enable
a party to prepare his responsive pleading and to prepare for trial. This is made before
arraignment.

MOTION TO QUASH

Motion to quash – is a motion filed with the trial court before arraignment or with the
prosecutor during preliminary investigation.
The granting of a motion to quash, EXCEPT on grounds of prescription and double
jeopardy, may result in the court ordering the amendment of the complaint or
information, or the dismissal of the case and the filing of a new one, or if new information
is filed within the specified period, the discharge of the accused from custody if
detained.

Grounds for motion to quash:

1. The facts charged do not constitute and offense;
2. The court trying the case has no jurisdiction over the offense charged;
3. The court trying the case has no jurisdiction over the person of the accused;
4. The officer who filed the information had no authority to do so;
5. The complaint does not conform substantially to the prescribed form;
6. More than one offense is charged except complex crime;
7. The criminal action or liability has been extinguished;

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 8. The complaint contains justifying or exempting circumstances;
9. The accused is placed on double jeopardy;

Double jeopardy - means that when a person is charged with an offense and the
case is terminated either by acquittal or conviction of the accused or dismissal of the
case without the consent of the accused, the latter cannot again be charged with the
same identical offense.
Provisional dismissal of criminal case: shall be ordered by the court only when there
is express consent of the accused and with notice to the offended party. Instance:
When the prosecution fails to present its evidence.

Rules when provisional dismissal shall become permanent:

▪ The provisional dismissal of offenses punishable by imprisonment not exceeding 6
years or a fine of any amount, or both shall become permanent 1 year after
issuance of the order without the case having been revived.
▪ For offenses punishable by imprisonment of more than 6 years, their provisional
dismissal shall become permanent 2 years after issuance of the order without the
case having been revived.

Failure to file motion to quash is considered a waiver except:

1. Facts charged do not constitute an offense
2. Lack of jurisdiction over the offense charged
3. Extinction of offense or penalty
4. Double jeopardy

PRE-TRIAL

Pre-Trial - as in civil actions, there is a pre-trial in criminal actions. The purpose is the
same: to explore ways of quickly ending the case (as by a change of a not-guilty plea to
one of guilty or plea bargaining) or otherwise expediting the trial.

Stages of pre-trial:
1. Preliminary conference – is a proceeding conducted by the clerk of court which
consists, among others, marking of exhibits, number and names of witnesses to be
presented and asking the parties whether there is possibility of amicable
settlement. Thereafter, the clerk of court shall prepare minutes of the proceedings
to be signed by the counsel and the parties and submitted to the court.
2. Pre-trial conference – is conducted by the judge of the court where the case has
been filed.

Subjects of pre-trial conference:

 Plea bargaining
 Stipulation of facts
 Marking for identification of evidence of the parties
 Waiver of objections to admissibility of evidence
 Modification of the order of trial if the accused admits the charge but interposes a
lawful defense

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  Such other matters as will promote a fair and expeditious trial of the criminal and
civil aspects of the case.

After the pre-trial conference, the judge shall issue order stating all the proposals and
admissions of the parties and all other matters subject of the pre-trial.

Pre-trial agreement - is one where all agreements or admissions made or entered

during the pre-trial conference shall be reduced in writing and signed by the accused
and counsel, otherwise, they cannot be used against the accused.

TRIAL

Trial - judicial examination and determination of issues of law and fact disputed by
parties to lawsuit.
Trial - follows more or less the same pattern as in civil actions. The prosecution
commences the presentation of evidence, the accused follows, and the prosecution
may present rebuttal evidence and the accused sur-rebuttal evidence. The parties may
also present written arguments or memoranda after which the case is deemed
submitted for decision.
Trial court - local court that initially hears all cases in dispute.

Forms of trial:
❖ Joint trial - is the trial of 2 or more persons for the same or similar offenses
conducted within the framework of one trial.
❖ Consolidated trial - is the trial of 2 or more actions involving offenses founded on
the same facts or involving common questions of facts or law or forming part of
series of offenses of similar character conducted within the framework of one
proceeding.
❖ Separate trial - is the individual trial of each of several persons jointly accused of
an offense.

Order of trial:
✓ Prosecution shall present evidence to prove the charge
✓ Accused may present evidence to prove his defense
✓ Both the prosecution and the accused in that order may respectively present
rebuttal evidence/additional evidence and sur-rebuttal evidence
✓ Both parties in that order shall formally offer exhibits and rest its respective cases
✓ The case shall be submitted for decision

Time limit of trial: trial once commenced shall continue from day to day as far as
practicable and, unless postponed for a reasonable period of time for good cause and
justifiable delays, shall be terminated within 180 days.
Remedy where accused is not brought to trial within the time limit: the information
may be dismissed on motion of the accused on the ground of denial of his right to
speedy trial.
Discharge of accused to be state witness: When two or more persons are jointly
charged with the commission of any offense, one or more of them, with their consent,

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may be discharged from the charge and be a state witness. Discharge of accused to
be state witness is tantamount to acquittal.

Requisites for the discharge of an accused to be become state witness:

1. Two or more accused are jointly charged with the commission of an offense.
2. The motion for discharge is filed by the prosecutor before he rests his case
3. The prosecution is required to present evidence and the sworn statement of each
proposed state witness at a hearing in support of discharge
4. The said accused gives his consent to be state witness
5. The trial court is satisfied that:
6. There is absolute necessity for the testimony of the accused whose discharge is
requested
7. There is no direct evidence available for the proper prosecution of the offense
committed, except the testimony of said accused
8. The testimony of said accused can bed substantially corroborated in its material
points
9. Said accused does not appear to be the most guilty
10. Said accused has not at any time been convicted of any offense involving moral
turpitude

Demurrer to evidence - is a motion to dismiss a criminal case after the prosecution

has rested its case on the ground of insufficiency of evidence. If the motion was without
leave of court, the accused can no longer present evidence in case of denial of the
court, in which case, the case is submitted for decision on the strength of the evidence
of the prosecution.
Reopening of the case: At any time before finality of the judgment of conviction,
the judge may motu proprio or upon motion, with hearing in either case, reopen the
proceedings to avoid miscarriage of justice. The proceedings shall be terminated within
30 days from the order granting it.

JUDGMENT

Judgment - is defined as the adjudication by the court that the accused is guilty or
not guilty of the offense charged and the imposition on him of the proper penalty and
civil liability, if any.
Judgment - shall be rendered within ninety (90) days after the case is submitted for
decision. Unlike in civil case- where the judgment is promulgated by its delivery by the
judge to the clerk of court, who thereafter sends copies to the parties- the judgment in
criminal actions is promulgated by reading it to the accused in open court. This is done
on a date and time scheduled by the Court of which the accused shall have reasonable
notice.

Form of judgment: judgment must be written in the official language personally and
directly prepared by the judge and signed by him and shall contain clearly and
distinctively a statement of the facts proved or admitted by the accused and the law
upon which the judgment is based.
Promulgation of judgment: it is promulgated by reading the same in the presence of
the accused and the judge of the court in which it was rendered. However, if conviction

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is for light offense, the judgment may be pronounced in the presence of his counsel or
representatives.
When accused fails to appear during the scheduled promulgation: the
promulgation shall be made by recording the judgment in the criminal docket and
serving the accused a copy thereof at his last known address or thru his counsel.
However, if the judgment is for conviction, the accused shall lose available remedies
and the court shall order his arrest. Within 15 days from promulgation of the judgment,
however, the accused may surrender and file a motion for leave of court to avail of the
remedies, stating the reasons for his absence at the scheduled promulgation.
Modification of judgment: A judgment of conviction may, upon motion of the
accused, be modified or set aside before it becomes final or before appeal is perfected.
Entry of judgment - means the recording of the judgment or order in the book of
entries of judgment by the clerk of court containing the dispositive part of the judgment
when no appeal or motion for new trial is made.
Finality of judgment: it shall become final after the lapse of 15 days without the
accused filing an appeal.

NEW TRIAL OR RECONSIDERATION

Motion for new trial or reconsideration – is one filed with the court by the accused at
any time before judgment of conviction becomes final. Or, on its own initiative, with the
consent of the accused, the court may order new trial or reconsideration.
New Trial or Reconsideration - is available after promulgation of judgment of
conviction but before the lapse of 15 days therefrom. If the court grants the motion for
new trial, it may order the trial anew of the case by receiving evidence not discovered
and produced at the trial. If the court grants the motion for reconsideration, it may
acquit the accused or modify the decision.

Grounds for new trial:

1. Errors of law or irregularities prejudicial to the substantial rights of the accused have
been committed during the trial;
2. New and material evidence has been discovered which the accused could not
with reasonable diligence have discovered and produced at the trial and which if
introduced and admitted would probably change the judgment.

Ground for reconsideration:

Errors of law or fact in the judgment which requires no further proceedings.

Effects of granting a new trial new trial or reconsideration:

• When a new trial is granted on the ground of errors of law or irregularities
committed during the trial, all the proceedings and evidence affected thereby
shall be set aside and taken anew. The court may, in the interest of justice, allow
the introduction of additional evidence.
• When a new trial is granted on the ground of newly-discovered evidence, the
evidence already adduced shall stand and the newly discovered and such other
evidence as the court may, in the interest of justice, allow to be introduced, shall
be taken and considered together with the evidence already in the record.

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 • In all cases, when the court grants new trial or reconsideration, the original
judgment shall be set aside or vacated and a new judgment rendered
accordingly.

Effect of denying motion for new trial or reconsideration:

▪ The 15-day period of perfecting an appeal that was interrupted by the filing of the
motion shall begin to run again upon receipt of the order of denial

APPEAL

Appeal - is a legal remedy whereby a party seeks for a review by a superior court the
judgment rendered by the trial court. It is done by the accused if convicted. If
acquitted, the State cannot appeal on the ground of double jeopardy.
Appeal – is in lieu of moving for new trial or reconsideration- or after denial of such a
motion- the convicted accused may appeal to the courts of higher level.

MODES OF APPEAL:
1. Ordinary appeal - is a matter of right and is normally made simply by filing of a notice
of appeal with the Court whose judgment is sought to be reviewed.
2. Petition for review - like ordinary appeals, may raise both questions of fact as well as of
law. But unlike ordinary appeals, appeals by petition for review are not a matter of
right, but of discretion.
3. Petition for review on certiorari - is not a matter of right. The SC will exercise appellate
jurisdiction only if it deems it proper, in its discretion. Only pure questions of law may be
raised.
4. Automatic appeal - when death penalty has been imposed

Where and how appeal is taken:

1. In cases decided by the MTC, MCTC, and MTCC, appeal can be done to RTC;
2. In cases decided by the RTC, appeal shall be filed with the CA;
3. In cases decided by the CA, appeal by petition for review shall be filed with the
SC.

When appeal is taken: an appeal must be taken within 15 days from promulgation of
the judgment or from notice of the final order appealed from. This period for perfecting
an appeal shall be suspended from the time a motion for new trial or reconsideration is
filed until notice of the order overruling the motion has been served upon the accused or
his counsel at which time the balance of the period begins to run.
Withdrawal of appeal: appeal even already perfected may be withdrawn upon
motion of the accused before the record has been forwarded by the clerk of court to
the proper appellate court in which case the judgment shall become final.
Search warrant - is defined as an order in writing issued in the name of the People of
the Philippines, signed by a judge and directed to a peace officer, commanding him to
search for personal property described therein and bring it before the court.

Where court shall application for search warrant be filed:

1. Any court within whose territorial jurisdiction a crime was committed.

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2. For compelling reasons stated in the application, any court within the judicial region
where the crime was committed if the place of the commission of the crime is known,
or any court within the judicial region where the warrant shall be enforced. However, if
the criminal action has already been filed, the application shall only be made in the
court where the criminal action is pending.

Personal property that may be subject of search warrant:

1. Subject of the offense;
2. Stolen or embezzled and other proceeds, or fruits of the offense; or
3. Used or intended to be used as the means of committing an offense.

Requisites for issuing search warrant:

1. It must be issued upon a probable cause;
2. The probable cause must be determined personally by the judge himself after
examination under oath and affirmation by the complainant and the witness he may
produce;
3. The search warrant must particularly describe the place to be searched and the tings
to be seized;
4. The search warrant must be issued in connection with one specific offense.

Probable cause - is defined as such facts and circumstances which led a reasonable,
discreet and prudent mind or man to believe that the offense has been committed and
that the objects sought in connection with the offense are in the place sought to be
searched.

Validity or lifetime of search warrant: it is valid for 10 days from its date. Thereafter, it shall
be void.

Instances when person may be searched even without search warrant (warrantless
search):
Search incident to lawful arrest;
1. Consented warrantless search;
2. Search in plain view;
3. Search based on probable cause;
4. Search of moving vehicles;
5. Search of vessels and aircrafts for violation of custom laws.

Provisional remedies in criminal cases - are available only in connection with the civil
action attached with the criminal action.

Provisional remedies in criminal cases:

1. Attachment-
2. Preliminary Injunction-
3. Receivership-
4. Delivery of Personal property-
5. Support pendent lite-

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Rules on Summary Procedure – is one which covers cases under the exclusive jurisdiction
of MTC, MTCC and MCTC.

Criminal cases covered by the rules on summary procedure:

1. Violations of traffic laws, rules and regulations;
2. Violations of the rental law;
3. Violations municipal or city ordinances;
4. All other criminal cases where penalty prescribed by law for the offense charged is
imprisonment not exceeding six months, or a fine not exceeding one thousand pesos,
or both, irrespective of other imposable penalties, accessory or otherwise, or of the civil
liability arising therefrom: Provided, however, that in offenses involving damage to
property through criminal negligence, rules on summary procedure govern where the
imposable fine does not exceed ten thousand pesos.

Procedure of the proceedings under Rules on Summary Procedure:

1. Upon the filing of a criminal action, either by complaint or information, the Court shall
issue an order declaring whether or not the case shall be governed by the summary
rules;
2. The complaint or information shall be accompanied by the affidavits of the
complainant and of his witnesses in such number of copies as there are accused plus 2
copies for the court’s files. If this requirement is not complied with within 5 days from
date of filing, the case may be dismissed;
Or, where the case is such that referral to the Lupon is required and there is no
showing of compliance with such requirement, the same shall be dismissed without
prejudice, and may be revived only after such requirement shall have been complied
with. This requirement shall not apply to criminal cases where the accused was
arrested without warrant.
3. If from the evidence accompanying the complaint or information the Court finds that
the same are being patently without basis or merit the case shall be dismissed outright
and the accused released if in custody, otherwise, the court shall issue an order which,
together with copies of the affidavits and other evidence submitted by the
prosecution, shall require the accused to submit his counter-affidavit and the affidavits
of his witnesses as well as any evidence in his behalf, serving copies thereof on the
complainant or prosecutor not later than 10 days from receipt of said order. The
prosecution may file reply affidavits within 10 days after receipt of the counter-
affidavits of the defense;
4. Should the court, upon a consideration of the complaint or information and the
affidavits submitted by both parties, find no cause or ground to hold the accused for
trial, it shall order the dismissal of the case; otherwise, the court shall set the case for
arraignment and trial;
If the accused is in custody for the crime charged, he shall be immediately
arraigned and if he enters a plea of guilty, he shall forthwith be sentenced;
5. Before conducting the trial, the court shall call the parties to a preliminary conference
during which a stipulation of facts may be entered into, or the propriety of allowing the
accused to enter a plea of guilty to a lesser offense may be considered, or such other
matters may be taken up to clarify the issues and to ensure a speedy disposition of the
case. However, no admission by the accused shall be used against him unless

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 reduced to writing and signed by the accused and his counsel. A refusal or failure to
stipulate shall not prejudice the accused;
6. At the trial, the affidavits submitted by the parties shall constitute the direct testimonies
of the witnesses who executed the same. Witnesses who testified may be subjected to
cross-examination, redirect or re-cross examination. Should the affiant fail to testify, his
affidavit shall not be considered as competent evidence for the party presenting the
affidavit, but the adverse party may utilize the same for any admissible purpose.
Except on rebuttal or surrebuttal, no witness shall be allowed to testify unless his
affidavit was previously submitted to the court.
However, should a party desire to present additional affidavits or counter-affidavits
as part of his direct evidence, he shall so manifest during the preliminary conference,
stating the purpose thereof. If allowed by the court, the additional affidavits of
the prosecution or the counter-affidavits of the defense shall be submitted to the court
and served on the adverse party not later than 3 days after the termination of the
preliminary conference. If the additional affidavits are presented by the prosecution,
the accused may file his counter-affidavits and served the same on the prosecution
within 3 days from such service.
The affidavits required to be submitted under this Rule shall state only facts of
direct personal knowledge of the affiants which are admissible in evidence, and shall
show their competence to testify to the matters stated therein. A violation of this
requirement may subject the party or the counsel who submits the same to disciplinary
action, and shall be cause to expunge the inadmissible affidavit or portion thereof
from the record.
7. The court shall not order the arrest of the accused unless for failure to appear
whenever required. Release of the person arrested shall either be on bail or on
recognizance by a responsible citizen acceptable to the court;
8. Where a trial has been conducted, the court shall promulgate the judgment not later
than 30 days after the termination of trial.
9. The judgment or final order shall be appeal able to the appropriate RTC which shall
decide the same in accordance with Section 22, BP 129.

Subject matter for amicable settlement under the provisions of the Katarungang
Pambarangay: The lupon of each barangay shall have authority to bring together the
parties actually residing in the same city or municipality for amicable settlement of all
disputes.

Cases or disputes outside of the jurisdiction of Katarungang Pambarangay:

1. Where one party is the government or any subdivision or instrumentality thereof;
2. Where one party is a public officer or employee, and the dispute relates to the
performance of his official functions;
3. Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding
P5,000.00;
4. Offenses where there is no private offended party;
5. Where the dispute involves real properties located in different cities or municipalities
unless the parties thereto agree to submit their differences to amicable settlement by
an appropriate lupon;
6. Disputes involving parties who actually reside in barangays of different cities or
municipalities, except where such barangay units adjoin each other and the parties

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 thereto agree to submit their differences to amicable settlement by an appropriate
lupon;
7. Such other classes of dispute which the President may determine in the interest of
justice or upon the recommendation of the Secretary of Justice.

SUCCESS REQUIRES PERSISTENCE. . . :')

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