CRIMINAL PROCEDURE HOLD DEPARTURE ORDERS (HDO)

SUBJECT MATTER JURISDICTION Only the RTC where the case is assigned may issue an
HDO.
It is the authority of the court to hear and decide the
case. Simply put, it means jurisdiction over the offense Can the Sandiganbayan issue an HDO? Yes. (Miriam
charged. (UP BOC 2020, p. 354) Defensor-Santiago vs. Vasquez, et. al.)

JURISDICTION OF THE TRIAL COURTS Precautionary HDO – happens when the case is not yet
in court (the case is still pending in the office of the
In criminal cases, what determines jurisdiction is the prosecutor) and the prosecutor handling the case
length/period of imprisonment provided for by law (not determines probable cause to apply for a precautionary
by the judge). HDO.

 If the imprisonment, by provision of law, Note: It is the prosecutor who may apply for the same
exceeds 6 years, the RTC has jurisdiction, in court.
regardless of fine or accessory penalty.
Note: The DOJ cannot issue any kind of HDO. It is only
 If 6 years below, first level courts. the court who can. Thus, the need for the prosecutor to
apply for the same in court.
Atty. Tranquil: No ifs and buts. So long as the
imprisonment exceeds 6 years as provided for by law, Note: A family court can issue an HDO in connection
the RTC has jurisdiction. with a minor whose custody is subject to the
determination of the court.
Atty. Tranquil: There are certain laws that confers
jurisdiction to the RTC, regardless of the length/period JURISDICTION OF THE SANDIGANBAYAN (SB)
of imprisonment.
Under RA 8249, to determine whether the
Offenses where the imposable penalty is fine only Sandiganbayan has jurisdiction, lawyers must look into
two (2) criteria, namely:
 If it exceeds 4K, RTC.
1. The nature of the offense; AND
 If it does not exceed 4K, first level courts.
2. The salary grade of the public official.
JURISDICTION OVER THE PERSON OF THE DEFENDANT (Sandiganbayan official website)

How acquired? The Sandiganbayan has exclusive original jurisdiction

over public officers/employees who have at least Salary
1. Arrest; OR Grade 27 (SG 27) AND have committed particular
2. Voluntary Surrender. offenses such as:

Note: Not upon arraignment. (Atty. Tranquil) 1. Violations of RA 3019 (Anti-graft and Corrupt
Practices Law);
KATARUNGANG PAMBARANGAY
Personal note: Atty. Tranquil often says “acts
Offenses punishable by imprisonment NOT exceeding disadvantageous to the government”. This may
one (1) year OR a fine of 5K, must first go through be a good keyword for purposes of the bar.
Katarungang Pambarangay, before a court action may When I checked RA 3019, “entering, on behalf
be filed. of the Government, into any contract or
transaction manifestly and grossly
Note: Applicable only if the parties are actually residing disadvantageous to the same, whether or not
in the same city or municipality. the public officer profited or will profit thereby”
 is among those acts which constitute corrupt b) Alleges damage to the government OR bribery
practices. arising from the same or closely related
transactions/acts, in an amount not exceeding
2. RA 1379 (Forfeiture of Illegally Acquired one million pesos (P1,000,000.00). (R.A. 10660)
Wealth);
Note: Subject to the SB’s appellate jurisdiction.
3. Crimes by public officers or employees
embraced in Ch. II, Sec.2 Title VII, Bk. II of the OMBUDSMAN (OB)
RPC (Crimes committed by Public Officers)
namely: Nature of the Office of the OB

a) Direct Bribery under Art. 210; It is not a court. (Atty. Tranquil)

b) Indirect Bribery under Art. 211; What does it do?

c) Qualified Bribery under Art. 211-A; 1. Investigate AND prosecute on its own OR on
complaint by any person, any act or omission of
d) Corruption of public officials under Art. 212 any public officer or employee, office or agency,
when such act or omission appears to be illegal,
4. Other offenses or felonies whether simple or unjust, improper or inefficient. 
complexed with other crimes committed in
relation to their office. It has primary jurisdiction over cases cognizable
by the Sandiganbayan and, in the exercise of his
Note: Without the office, the crime would not primary jurisdiction, it may take over, at any
have been committed. (Atty. Tranquil) stage, from any investigatory agency of
Government, the investigation of such
Atty. Tranquil: In so far as the foregoing crimes are cases (Sec. 15(1) R.A. No. 6770; see also Sec.
concerned, there are those who do not have SG 27, but 13(1), Article XI, 1987 Constitution);
by provision of law are nevertheless under the
jurisdiction of the SB, such as city treasurers, city Atty. Tranquil: Aside from being able to
assessors, members of the sangguniang panlungsod, investigate on its own (fact-finding
sangguniang panlalawigan. investigations), the OB can determine probable
cause for the purpose of filing the proper
Another example are presidents, directors or trustees or Information in court.
managers of GOCCs, state universities or educational
institutions or foundations. While they do not have SG Atty. Tranquil: The office of the OB can
27, they fall within the jurisdiction of the prosecute through its ancillary office, the Office
Sandiganbayan. Personal note: See Sec. 4 (a) (1) of RA of the Special Prosecutor – they are the ones
8429. who appear in court before the SB and
prosecute for the State.
Allegation of Conspiracy
2. Direct, upon complaint OR at its own instance,
If the allegation will establish conspiracy, all the any officer or employee of the Government, or
conspirators will be charged at the Sandiganbayan, even of any subdivision, agency or instrumentality
though some of them are below SG 27 OR are private thereof, as well as any government-owned or
individuals, so long as one of them have SG 27. controlled corporations with original charter, to
1 million Threshold perform and expedite any act or duty required
by law, OR to stop, prevent, and correct any
The Regional Trial Court shall have exclusive original abuse or impropriety in the performance of
jurisdiction where the information: duties (Sec. 15(2) R.A. No. 6770; Sec 13(2)
Article XI, 1987 Constitution);
xxx
 3. Direct the officer concerned to take appropriate is dismissed, or the
action against a public officer or employee at penalty is (2) reprimand,
fault or who neglects to perform an act or (3) censure, (4)
discharge a duty required by law, AND suspension of not more
recommend his removal, suspension, demotion, than 1 month, or (5) fine
fine, censure, or prosecution, and ensure equivalent to 1 month
compliance therewith. salary, the decision shall
be final, executory, and
The refusal by any officer without just cause to unappealable. Hence,
comply with an order of the Ombudsman to the remedy is Rule 65 to
remove, suspend, demote, fine, censure, or the CA. (Atty. Tranquil;
prosecute an officer or employee who is at fault Section 7, Rule III,
or who neglects to perform an act or discharge Ombudsman
a duty required by law shall be ground for Administrative Order
disciplinary action against said officer (Sec. No. 7).
15(3) R.A. No. 6770; see also Sec 13(3), Article
XI, 1987 Constitution);

4. Determine the administrative liability of a public SOLICITOR GENERAL (OSG)

officer/employee. (Atty. Tranquil)
 It is the counsel of the State.
The Ombudsman can dismiss, suspend, censure,
or reprimand a public officer/employee. (Atty.  Before the CA and SC, it is the OSG who
Tranquil) represents the State. In the trial courts, it is the
public prosecutor who represents the State.
Note: Ombudsman Act of 1989 (RA 6770),
Section 21. Officials Subject to Disciplinary  The remedy against a judgment of acquittal is a
Authority; Exceptions. - The Office of the petition for certiorari under Rule 65. Important:
Ombudsman shall have disciplinary authority However, the offended party cannot question a
over all elective and appointive officials of the judgment of acquittal without the conformity
Government and its subdivisions, of the OSG.
instrumentalities and agencies, including
Members of the Cabinet, local government, OFFICE OF THE PROSECUTOR (OP)
government- owned or controlled corporations
and their subsidiaries, except over officials who  The OP is under the DOJ.
may be removed only by impeachment or over
Members of Congress, and the Judiciary. OMB OP
In sum, the OB can (1) investigate (fact-finding Can conduct its own Cannot conduct its own
investigation investigation.
investigations), (2) determine probable cause for the
purpose of filing the proper Information in court (2) It is the NBI (also under
prosecute, and (4) determine administrative liability. the DOJ) which conducts
investigations. If the NBI
(Atty. Tranquil) thinks that an offense
Remedies Available against OB’s Decision has been committed, it
will file a complaint in
the OP or OB.
Administrative Case Criminal Case
Rule 65 to the SC.
GR: Rule 43 to the CA. Can determine probable Can determine probable
cause cause
XPN: When the (1) case
 Can determine the Cannot determine the Equally guilty of the same failure to substantiate is the
administrative liability of administrative liability of trial court which relied merely on Cabral's complaint
a public a public affidavit in connecting the alleged offense within its
officer/employee. officer/employee. territorial jurisdiction. In its Order, the RTC simply
denied Bracamonte's Motion to Quash because "in
paragraph 7 of the x x x complaint affidavit, Cabral
Can prosecute Can prosecute. narrated that it was during their meeting in the old
warehouse of AVIVER and WFC located at Km. 17, West
Service Road, South Super Highway, Parañaque City that
Cannot conduct an in- Can conduct an in-quest Bracamonte was able to persuade and convince him to
quest sell his entire shares of stock x x x. There, they
triumphed in misleading and fooling him till finally the
latter acceded to their ploy. It was there that he finally
accepted their offer." A perusal of said Order, however,
VENUE IN CRIMINAL CASES IS JURISDICTIONAL
would show the RTC's failure to cite any evidence upon
which it based its conclusions.
The action can only be instituted in the place where
On the contrary, and as the appellate court pointed out,
the crime OR any one of its essential ingredients has
what were actually proven by the evidence on record
been committed.
are the following: (1) Cabral and Bracamonte executed a
MOA in Makati City; (2) Bracamonte issued and
Cabral vs. Bracamonte –
delivered a postdated check in Makati City simultaneous
to the signing of the agreement; (3) the check was
Note: This is an Estafa case, not BP 22.
presented for payment and was subsequently
dishonored in Makati City.
Facts: Bracamonte and Cabral executed a Memorandum
of Agreement (MOA) in Makati City for the purchase of
It is, therefore, clear from the foregoing that the
shares of stock in Wellcross Freight Corporation (WFC)
element of deceit took place in Makati City where the
and Aviver International Corporation (AVIVER).
worthless check was issued and delivered, while the
Simultaneous with the signing of the MOA, Bracamonte
damage was inflicted also in Makati City where the
issued a postdated check to Cabral.
check was dishonored by the drawee bank.
When the check was presented for payment, however,
To repeat, case law provides that in this form of estafa,
the drawee bank in Makati City dishonored the same for
it is not the non-payment of a debt which is made
lack of sufficient funds.
punishable, but the criminal fraud or deceit in
the issuance of a check. Thus, while Cabral is not wrong
For failure to settle the obligation, Cabral instituted a
in saying that the crime of estafa is a continuing or
complaint for estafa against Bracamonte in Parañaque
transitory offense and may be prosecuted at the place
City. 
where any of the essential ingredients of the crime took
place, the pieces of evidence on record point only to
Issue: Whether that RTC is devoid of jurisdiction to try
one place: Makati City. 
the criminal case against Bracamonte as venue was
improperly.
Atty. Tranquil: Pursuant to the rule that venue is
jurisdictional, you will find in the Information the place
Ruling: Yes. The RTC is devoid of jurisdiction to try the
of commission.
case against Bracamonte.
GR: Not required to provide the exact address where
It was merely stated in the Information, and alleged by
the crime was committed (general allegation).
Cabral in his complaint affidavit, that the crime of estafa
was committed in Parañaque City because it was there
All that is provided for in the Information is “within the
that he was convinced to sell the subject shares of
jurisdiction of Makati City”, and that would suffice. This
stock. Apart from said allegation, however, he did not
is because it gives the court an understanding that it is
present any evidence, testimonial or documentary, that
would support or corroborate the assertion.
within his competent jurisdiction, as venue is Atty. Tranquil: The rule that venue is jurisdictional does
jurisdictional. not strictly apply in search warrants.

XPN: According to the case of Shell Filipinas, the power of to

issue a search warrant is an inherent power of the
1. Election Contest Cases – where there is a court.
requirement of the distance from a polling place
e.g., you should not be drinking liquor, in In one case, even it was applied for in another city, but
possession of a firearm on a particular day etc. implemented in the next/another town, the SC
sustained the validity of the search warrant because of
2. Arson – you have to be specific about the place the concept that the issuance of a search warrant is an
that was burned; inherent power of the court.

3. Violation of Domicile; OR I will explain thoroughly when we reach Rule 26. I just
had to state it here so that you would know that it is not
4. Trespass to Dwelling. ironclad.

Atty. Tranquil: What can be transferred is the venue of

the trial, NOT the venue for the purpose of the
institution/commencement of a criminal action.
(Maguindanao Massacre case; Atty. Tranquil)

Note: Such transfer of venue for purposes of trial must

be approved by the SC.

Atty. Tranquil: While the provision of the rules is very

clear that venue is jurisdictional, there are instances
where there are moving vehicles – the crime is
committed inside the moving vehicles.

1. Vessels – the action can be instituted in any of

the ports where it passed.

2. Airplanes – the action can be instituted in the

place of departure or arrival.

3. Other vehicles – the action can be instituted in

any of the place where it passed.

Note: He seems to imply local transit/travel by saying

“definitely should be in the Philippines”.

Atty. Tranquil: Even if the crime was committed

outside the PH (extraterritorially), it can be prosecuted
in the PH in certain cases:

1. Article 2 of the RPC;

2. Article 49 of the Anti-Terror Law (RA 11479);

3. VAWC – psychological abuse (AAA vs. BBB, G.R.

No. 212448)
 RULE 110 preliminary
PROSECUTION OF OFFENSES investigation. Office of the
Prosecutor
To institute a criminal action, you have to determine
whether it was in:
Note: The distinctions above would only matter if we
MANILA OR OUTSIDE are talking about institution of criminal actions.
CHARTERED MANILA OR
CITY UNCHARTERED When we are talking of subject jurisdiction of courts the
CITY rule is different. (See previous discussion)
If it requires Office of the Office of the
preliminary Prosecutor Prosecutor Atty. Tranquil: Judges may not conduct a preliminary
investigation. investigation.

Note: A
preliminary
investigation is
required to be
conducted
before the
filing of a
complaint or
information for
an offense
where the
penalty INTERRUPTION OF PRESCRIPTIVE PERIOD OF THE
prescribed by OFFENSE
law is at least
four (4) years, The institution of the criminal action shall interrupt the
two (2) months running period of prescription of the offense charged
and one (1) unless otherwise provided in special laws. (Rule 110,
day without Section 1)
regard to the
fine. (Rule 112, RPC SPL ORDINANCE
Section 1) Upon filing of Upon filing of Upon filing of
the complaint the complaint the complaint
If it does not Office of the Direct Filing in affidavit in the affidavit in the or Information
require Prosecutor Court (last office of the office of the in court.
preliminary section, Rule prosecutor. prosecutor.
investigation. 112)
Atty. Tranquil:
OR With more
reason that the
Office of the prescriptive
Prosecutor period of the
offense is
If covered by Office of the Direct Filing in interrupted
the Rules on Prosecutor Court (last when you file it
Summary section, Rule in court, as in
Procedure; 112) cases where
hence, does direct filing is
not require OR allowed.
 RULE 112
PRELIMINARY INVESTIGATION (PI) from receipt of the
subpoena with the
The pertinent provision when we speak of preliminary complaint and
investigation is Section 3 of Rule 112. supporting affidavits and
documents, the
PROCEDURE (SECTION 3) respondent shall submit
his counter-affidavit
and that of his witnesses
WHEN PRELIMINARY 1. The complainant and other supporting
INVESTIGATION (PI) IS prepares a complaint- documents relied upon
REQUIRED affidavit which shall be for his defense. 
signed and sworn to
Note: A preliminary before a prosecutor. The counter-affidavits
investigation is required shall be subscribed and
to be conducted before Only in the absence or sworn to and certified in
the filing of a complaint unavailability of a the same manner with
or information for an prosecutor that it can that of the complaint-
offense where the be sworn to before a affidavit.
penalty prescribed by notary public. It is the
law is at least four (4) office of the prosecutor Note: The respondent is
years, two (2) months (OP) that will certify the not allowed to file a
and one (1) day without unavailability of a motion to dismiss in lieu
regard to the fine. (Rule prosecutor. of a counter-affidavit.
112, Section 1)
2. The case will be 5. If the respondent
raffled to an cannot be subpoenaed,
investigating officer. For or if subpoenaed, does
our example, let us say not submit counter-
it has been raffled to an affidavits within the ten
Assistant City (10) day period, the
Prosecutor (ACP) investigating officer shall
resolve the complaint
3. The ACP has two based on the evidence
options: presented by the
complainant – may
3.1. Within ten (10) days dismiss the complaint-
after the filing of the affidavit or file the
complaint, the Information in court.
investigating officer shall
either dismiss it if he Note: The right to a PI is
finds no ground to a statutory right, not a
continue with the Constitutional right.
investigation; OR Therefore, the absence
of which will not in any
3.2. Issue a subpoena to way affect the rights of
the respondent the accused. (Atty.
attaching to it a copy of Tranquil)
the complaint and its
supporting affidavits and Note: The resolution of
documents. the ACP is merely
recommendatory to the
4. Within ten (10) days City/Chief Prosecutor.
 Therefore, if the ACP Note: The resolution of
releases a resolution the ACP is merely
without the authority of recommendatory to the
the City/Chief City/Chief Prosecutor.
Prosecutor, that can be
a subject of a Motion to
Quash on the ground
that the officer who WHEN THE CASE IS Same rule in “WHEN PI
filed the information COVERED BY THE RULES IS NOT REQUIRED”.
had no authority to do ON SUMMARY
so, without prejudice to PROCEDURE (PI NOT Atty. Tranquil: This
the refiling of the case. REQUIRED) classification will have a
difference later on when
6. If the respondent we discuss the issuance
submitted a counter- of a warrant of arrest.
affidavit, the ACP can
recommend the
dismissal of the counter-
REMEDY AGAINST THE RESOLUTION OF THE OFFICE OF
affidavit or the filing of
THE PROSECUTOR (CHIEF – PROVINCIAL/CITY
an Information in court.
PROSECUTOR)
Note: The resolution of
Petition for Review to the DOJ/SOJ.
the ACP is merely
recommendatory to the
Note: The basis of which is NPS RULES ON APPEAL of
City/Chief Prosecutor.
the DOJ, not Rule 42 nor 43 of the ROC.

Mina vs. Court of Appeals –

WHEN PI IS NOT When the provision of Facts: This case stemmed from an Affidavit-Complaint
REQUIRED the law/rules says that for Perjury, filed by petitioners against respondent
PI is not required, it only before the Office of the Provincial Prosecutor of
means that the ACP will Pangasinan (OPP).
not issue a subpoena
together with the After the requisite preliminary investigation
complaint-affidavit and proceedings, the OPP dismissed petitioners' criminal
other documents. complaint against respondent for lack of probable
cause. Aggrieved, petitioners appealed before the
Therefore, the Office of the Regional State Prosecutor (ORSP) located
respondent will not be in San Fernando City, La Union. However, the ORSP
required to submit his affirmed the OPP's findings that no probable cause
counter-affidavit. exists to indict respondent for the crime of Perjury.
Undaunted, petitioners filed a petition
It follows that the ACP for certiorari before the CA.
will resolve based only
on the complaint- The CA dismissed the petition outright on the ground
affidavit, affidavit of his that petitioners availed of a wrong remedy. It held that
witnesses, as well as under Department of Justice (DOJ) Department Circular
other supporting No. 70-A, petitioners should have first appealed the
documents.(Atty. adverse ORSP ruling to the Secretary of Justice (SOJ)
Tranquil) before elevating the matter to the regular courts.
Issue: Whether or not the CA erred in dismissing the attached thereto. This is, however, without prejudice on
petition for certiorari on the ground of petitioners' the part of the SOJ to review the ORSP ruling, should
supposed availment of a wrong remedy. the former deem it appropriate to

Ruling: Yes. The CA erred in dismissing the petition for In this case, records show that petitioners filed a
certiorari. criminal complaint before the OPP accusing respondent
DOJ Department Circular No. 70 dated July 3, 2000, of Perjury. The complaint was, however, dismissed by
entitled the "2000 NPS Rule on Appeal," which governs the OPP and such dismissal was upheld by the ORSP.
the appeals process in the National Prosecution Service Since (a) the criminal complaint was filed outside of the
(NPS), provides that resolutions of, inter alia, the NCR; (b) perjury cases are cognizable by the first-level
Regional State Prosecutor, in cases subject of courts since the maximum penalty therefor is
preliminary investigation/reinvestigation shall be imprisonment for less than six (6) years; and (c) it
appealed by filing a verified petition for review before appears that the SOJ did not exercise its power of
the SOJ. However, this procedure was immediately control and supervision over the entire NPS by
amended by DOJ Department Circular No. 70-A dated reviewing the ORSP ruling, the ORSP's affirmance of the
July 10, 2000, entitled "Delegation of Authority to OPP ruling was with finality. As such, petitioners have
Regional State Prosecutors to Resolve Appeals in already exhausted its administrative remedies and
Certain Cases," which reads: may now go to the CA via a petition for certiorari.
xxxx Atty. Tranquil: If the case is filed in the NCR OR the
case, should it proceed to the courts, is cognizable by
In order to expedite the disposition of appealed cases the RTC, the remedy is to go straight to the DOJ/SOJ.
governed by Department Circular No. 70 dated July 3,
2000 ("2000 NPS RULE ON APPEAL"), all petitions for Let us now try to complete our discussion of Rule 112.
review of resolutions of Provincial/City Prosecutors in What we are discussing now (conduct of a PI) is only 1
eases cognizable by the Metropolitan Trial Courts, of the 3 functions (PI, inquest, and prosecute) of the
Municipal Trial Courts and Municipal Circuit Trial Office of the Prosecutor.
Courts, except in the National Capital Region, shall be
filed with the Regional State Prosecutor concerned Can the filing of the Petition for Review with the
who shall resolve such petitions with finality in DOJ/SOJ or the ORSP (as the case may be) stop the
accordance with the pertinent rules prescribed in the filing of the Information by the Chief – City/Provincial
said Department Circular. Prosecutor?

The foregoing delegation of authority notwithstanding, NO. As long as the City/Provincial prosecutor found
the Secretary, of Justice may, pursuant to his power of probable cause, the Information will be filed in court
supervision and control over the entire National cannot be stopped. (Atty. Tranquil)
Prosecution Service and in the interest of justice, review
the resolutions of the Regional State Prosecutors in Note: What can be stopped, however, is arraignment
appealed cases. with the filing of a Petition for Review as found in the
last section of Rule 116. If there is a pending Petition for
x x x x (Emphases and underscoring supplied) Review before the DOJ/SOJ or OSRP (as the case may
be), the arraignment, upon motion, shall be suspended
As may be gleaned above, DOJ Department Circular No. for 60 days (Atty. Tranquil)
70-A delegated to the ORSPs the authority to rule with
finality cases subject of preliminary
investigation/reinvestigation appealed before it,
provided that: (a) the case is not filed in the National
Capital Region (NCR); AND (b) the case, should it
proceed to the courts, is cognizable by the first level
courts – which includes not only violations of city or
municipal ordinances, but also 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
 CRESPO VS. MOGUL (LEADING CASE) should be left entirely for the determination of the
Court.

DUTY OF THE COURT ONCE THE INFORMATION IS

FILED (SEC. 6, R112)

RTC can either –

1. Dismiss the case for absence of probable cause;

OR

2. Issue a Warrant of Arrest if it finds probable

cause; OR

Note: The duty of the court to issue a WOA is

within a period of 10 days. (Atty. Tranquil)

Note: It is now a prohibited to file a motion for

the determination of probable cause. That is
already a non-meritorious motion. That is
prohibited in criminal cases. (Atty. Tranquil;
Guidelines on Continuous Trial)

Ratio: To prevent the practice of making the

judge resolve the motion, and thereafter filing
an MR, then eventually elevating the same in
order to delay the case (Atty. Tranquil;
Guidelines on Continuous Trial)

3. Conduct a Hearing to determine if there is

probable cause.

MTC –

Ordinary Procedure Summary Procedure

Same as the RTC, with Atty, Tranquil: Forget

little adjustments, to about Rule 112.
wit:
This is the only instance
1. For those which where the Warrant of
To avoid such a situation whereby the opinion of the
requires PI, exactly the Arrest is not
Secretary of Justice who reviewed the action of the
same with the RTC. immediately issued.
fiscal may be disregarded by the trial court, the
Secretary of Justice should, as far as practicable, refrain
2. For those which does Instead, the court would
from entertaining a petition for review or appeal from
NOT require PI: require you to appear.
the action of the fiscal, when the complaint or
information has already been filed in Court. The matter
 or has escaped while being transferred from
 Exactly the If despite repeated one confinement to another.”
same with RTC, notices for you to
except that it appear, you refused to Note: Other instances where warrantless arrest
can issue a do so, only then will the is allowed:
Warrant of court issue a WOA.
Arrest if it finds 1.  If a person lawfully arrested escapes or is
probable cause Therefore, at the first rescued, any person may immediately
OR Summons in instance, the issuance of pursue or retake him without a warrant at
lieu of WOA. the WOA is not an any time and in any place within the
option under the Rule Philippines. (Section 14, R113)
on Summary Procedure.
2. An accused released on bail may be re-
arrested without the necessity of a warrant
if he attempts to depart from the
Philippines without permission of the court
where the case is pending. (Par. 2, Section
23, R114)

Process After the Warrantless Arrest (Atty. Tranquil)

1. The person arrested by virtue of a valid

warrantless arrest shall be brought to the
police station.

2. The arrest will be booked – fingerprint, picture

taking, statement of the arresting officers will
be taken.

INQUEST PROCEEDINGS (SECTION 6, R112)

3. The entire record of the arrest will be brought
When you discuss inquest, you cannot avoid but discuss to the inquest prosecutor.
Section 5, R113 (Warrantless Arrest), to wit:
What should the inquest prosecutor do when
“A peace officer or a private person may, without a you are arrested? He must determine whether
warrant, arrest a person: the person arrested should:

(a) When, in his presence, the person to be a. Still be detained; OR

arrested has committed, is actually committing, b. Released for further preliminary
or is attempting to commit an offense; investigation.

(b) When an offense has just been committed, Note: Release does not necessarily mean that
and he has probable cause to believe based on the case will be dismissed – you will be released
personal knowledge of facts or circumstances only.
that the person to be arrested has committed it;
and If, on the other hand, the inquest prosecutor
thinks that the case against the arrested person
(c) When the person to be arrested is a prisoner is strong, he can order detention.
who has escaped from a penal establishment or
place where he is serving final judgment or is What are the options available for the person
temporarily confined while his case is pending, detained?
 1. Before the Information is filed, ask for a PI, but
he has to waive Article 125 of the RPC, in the SUFFICIENCY OF COMPLAINT OR INFORMATION (SEC.
presence of counsel; 6, R110)

2. Wait until the Information is filed, and once the No one comes to the bar exam without memorizing
same is filed, apply for bail; OR Section 6. (Atty. Tranquil)

Atty. Tranquil: The sufficiency of the complaint of

3. Within 5 days from knowledge of the filing of information is very important because if it is not, it
the Information, file a motion for preliminary becomes defective. Because it is defective, it may result
investigation. (Section 7, R112) to a dismissal of the case upon a Motion to Quash the
complaint or Information.
WHO MUST PROSECUTE CRIMINAL ACTIONS (SEC.
5, R110) Personal note: Under Section 3 (e), R117, that the
complaint or information “does not conform
GR: All criminal actions commenced by a complaint or substantially to the prescribed form” is a ground for a
information shall be prosecuted under the direction and Motion to Quash the complaint or Information.
control of the prosecutor.
Take note that under the present Guidelines on
XPN: In case of heavy work schedule of the public Continuous Trial, if you file a Motion to Quash with a
prosecutor OR in the event of lack of public ground not enumerated in R117, that is a non-
prosecutors: meritorious motion/a prohibited motion. If the ground
is defective Information, that is a meritorious/allowable
1. A private prosecutor may be authorized in motion. (Atty. Tranquil)
writing by the Chief of the Prosecution Office
OR the Regional State Prosecutor to prosecute A complaint or information is SUFFICIENT IF it states the
the case; and [PANDAN]:

2. Such authorization is however subject to the 1. Name of the accused;

approval of the court.
2. The designation of the offense given by the
GR: Once so authorized to prosecute the criminal statute;
action, the private prosecutor shall continue to
prosecute the case up to end of the trial even in the 3. The acts or omissions complained of as
absence of a public prosecutor constituting the offense;

XPN: When the authority is revoked or otherwise 4. The name of the offended party;
withdrawn.
5. The approximate date of the commission of the
Atty. Tranquil: The participation of the private offended offense; and
party’s counsel is limited to the civil aspect.
6. The place where the offense was committed.
Atty. Tranquil: In one case decided by the SC, the public
prosecutor was ill and had to go to the Heart Center of When an offense is committed by more than one
the PH. For that reason, he was not able to attend the person, all of them shall be included in the complaint or
hearing. Despite his absence, the judge allowed the information.
defense counsel to present the evidence of the
accused. Name of the accused (Section 7) and of the offended
party (Section 12)
The SC held that all of proceedings taken in the
absence of the public prosecutor are null and void Accused Offended Parry
because he is in control of the prosecution of the Must state the: Must state:
State.
1. Name and surname of
the accused; 1. The name and
surname of the person Designation of the offense (Section 8)
2. Any appellation or against whom or against
nickname by which he whose property the Shall state:
has been or is known; offense was committed;
OR 1. The designation of the offense given by the
2. Any appellation or statute;
3. If his name cannot be nickname by which such
ascertained, he must be person has been or is 1.1. If there is no designation of the offense,
described under a known. reference shall be made to the section or
fictitious name with a subsection of the statute punishing it;
statement that his true 3. If there is no better
name is unknown. way of identifying him, 2. Aver the acts or omissions constituting the
he must be described offense; AND
If the true name of the under a fictitious name.
accused is thereafter 3. Specify its qualifying and aggravating
disclosed by him or (a) In offenses against circumstances.
appears in some other property, if the name of
manner to the court, the offended party is Note: No. 3 has been asked in the bar several
such true name shall be unknown, the property times.
inserted in the must be described with
complaint or such particularity as to Cause of the accusation (Section 9)
information and record. properly identify the
offense charged. The acts or omissions complained of as constituting the
offense AND the qualifying and aggravating
(b) If the true name of circumstances must be stated in ordinary and concise
the of the person language and not necessarily in the language used in
against whom or against the statute but in terms sufficient to enable a person of
whose properly the common understanding to know what offense is being
offense was committed charged as well as its qualifying and aggravating
is thereafter disclosed or circumstances and for the court to pronounce
ascertained, the court judgment.
must cause the true
name to be inserted in Place of commission of the offense (Section 10)
the complaint or
information and the GR: Sufficient if it can be understood from its allegations
record. that the offense was committed OR some of the
essential ingredients occurred at some place within the
(c) If the offended party jurisdiction of the court
is a juridical person, it is
sufficient to state its XPN: When the particular place where it was committed
name, or any name or constitutes an essential element of the offense or is
designation by which it necessary for its identification.
is known or by which it
may be identified, Date of commission of the offense (Section 11)
without need of
averring that it is a GR: Not necessary to state in the complaint or
juridical person or that it information the precise date the offense was
is organized in committed.
accordance with law.
The offense may be alleged to have been committed on Indeed, it must be pointed out that the prosecution
a date as near as possible to the actual date of its filed a defective Information. An Information is fatally
commission. defective when it is clear that it does not really charge
an offense or when an essential element of the crime
Note: There must at least be an approximation of the has not been sufficiently alleged. In the instant case,
date of commission e.g., “on or about June 2021”. while the prosecution was able to allege the identity of
Merely stating the year of the commission is not the buyer and the seller, it failed to particularly allege
allowed. (Atty. Tranquil) or identify in the Information the subject matter of the
sale or the corpus delicti. We must remember that one
XPN: When it is a material ingredient of the offense e.g., of the essential elements to convict a person of sale of
infanticide, election offenses. prohibited drugs is to identify with certainty
the corpus delicti. Here, the prosecution took the
Note: A change in the date of the commission of rape is liberty to lump together two sets of corpora
not a matter of substance. Although it is a matter of delicti when it should have separated the two in two
form, it could still be accommodated after plea because different informations. To allow the prosecution to do
it will not prejudice the rights of the accused since the this is to deprive the accused-appellants of their right
date of commission is not a material element of the to be informed, not only of the nature of the offense
offense. Corollary, because the amendment is merely a being charged, but of the essential element of the
matter of form, it would not require a new PI – a new PI offense charged; and in this case, the very  corpus
is required only if there is substitution of the delicti of the crime.20 (Emphasis and underscoring
Information or there is an amendment of the supplied)
Information by reason of substance.
In the case at bar, the Information filed against Reyes
People vs. Reyes (G.R. No. 225736, 15 October 2018) failed to sufficiently identify therein all the components
of the first element of the crime of sale of dangerous
An Information was filed against Reyes in this case, the drugs, namely: the identity of the buyer, the object, and
accusatory portion of which reads as follows: the consideration. Much similar to the case of Posada,
therefore, the prosecution in this case likewise deprived
That on or about 12:15 in the early dawn of July 5, 2011 Reyes of his right to be informed of the offense charged
in Brgy. Malindong, Binmaley, Pangasinan and within against him. To repeat, for this reason alone, Reyes
the jurisdiction of this Honorable Court, the above- should already be acquitted.
named accused, did, then and there, willfully and
unlawfully sell Methamphetamine Hydrochloride or In what other instance is the sufficiency of the
"shabu", a dangerous drug, without any authority to sell complaint or Information material? It is also material
the same. for Bill of Particulars under Sec. 9 of R116, not only in a
Motion to Quash as I discussed a while ago.
Contrary to Section 5, Article II, of RA 9165.
Like in civil cases, when the Information is defective,
Issue: Whether or not the Information is defective. you will have to identify the defects and tell the court
the details desired.
Ruling: Yes. The Information is defective.
Note: In practice, you will not file a BOP if you are the
The Information filed against Reyes, makes a counsel of the accused. That is why filing of a BOP is not
conclusion of law – that he "did x x x sell" dangerous mandatory.
drugs – without specifically stating 1) the identity of the
buyer; 2) the amount of dangerous drugs supposedly Enrile vs. People (G.R. No. 213455, 11 August 2015):
traded by Reyes; and 3) the consideration for the sale.
 The Distinctive Role of a Bill of Particulars
In People v. Posada, the Information filed therein
erroneously lumped together the objects of illegal sale When allegations in an Information
and illegal possession of dangerous drugs. In ruling that are vague or indefinite, the remedy of the accused is
the said Information was defective, the Court in the said not a motion to quash, but a motion for a bill of
case held that: particulars.
 Atty. Tranquil: So if you are confronted with a question
The purpose of a bill of particulars is to supply vague in the bar exam involving BOP, you have to go back to
facts or allegations in the complaint or information to Sec. 6, R110 (Sufficiency of complaint or information)
enable the accused to properly plead and prepare for
trial. It presupposes a valid Information, one that GENERAL RULE: ONE OFFENSE, ONE INFORMATION
presents all the elements of the crime charged, albeit
under vague terms.  Notably, the specifications that a GR: A complaint or information must charge only one
bill of particulars may supply are only formal offense (Sec. 13, Rule 110)
amendments to the complaint or Information.
XPNS:
Notably, the failure of the accused to move for the
specification of the details desired deprives him of the 1. When the law prescribes a single punishment
right to object to evidence that could be introduced for various offenses. (Sec. 13, Rule 110)
and admitted under an Information of more or less
general terms but which sufficiently charges the 2. When two or more offenses are charged in a
accused with a definite crime. single complaint or information but the accused
fails to object to it before trial, the court may
 Motion to Quash vs. Motion for Bill of convict him of as many offenses as are charged
Particulars and proved, and impose on him the penalty for
each offense, setting out separately the findings
A bill of particulars presupposes a valid Information of fact and law in each offense. (Sec. 3, 120)
while a motion to quash is a jurisdictional defect on
account that the facts charged in the Information does
not constitute an offense. With all of the foregoing, you now understand what an
Information is. The next topic that I will discuss is
This Court mentioned that the proper remedy, if at all, something I do not want to miss out – amendment or
to a supposed ambiguity in an otherwise valid substitution.
Information, is merely to move for a bill of particulars
and not for the quashal of an information which AMENDMENT OF COMPLAINT OR INFORMATION (SEC.
sufficiently alleges the elements of the offense 14, R110)
charged.
The reckoning point is the plea.
If the information does not charge an offense, then a
motion to quash is in order. BEFORE PLEA AFTER PLEA
May be amended, in Only a formal
But if the information charges an offense and the form or in substance, amendment, which
averments are so vague that the accused cannot without leave of court. must be:
prepare to plead or prepare for trial, then a motion for
a bill of particulars is the proper remedy. Note: Amended in 1. With leave of
substance would require court; AND
 Atty. Tranquil’s Explanation of the Enrile Case a new PI.
2. When it can be
An Information for plunder against former senate done without
president Enrile was filed by the OB. causing
prejudice to the
Enrile filed a BOP in the SB which was denied, but was rights of the
later on partly granted by the SC saying that the details accused.
that would be necessary for him to defend himself of
the charges should have been explained, only up to the How to determine w/on
extent of how the funds was distributed to him, but not the amendment would
as to its source. prejudice the rights of
the accused?
 The relevant provisions as regards substitution are as
If it would make the follows:
penalty more grave OR
would require the Sec. 14, R110 Sec. 19, R119
accused to change the If it appears at any time Sec. 19, R119 – when it
nature of his defense. before judgment that a becomes manifest at
(Atty. Tranquil) mistake has been made any time before
in charging the proper judgment that a mistake
offense, the court shall has been made in
dismiss the original charging the proper
complaint or offense and the accused
information upon the cannot be convicted of
filing of a new one the offense charged or
Exclusion is ALLOWED NOT ALLOWED
charging the proper any other offense
offense in accordance necessarily included
Any amendment before
with section 19, Rule therein, the accused
plea, which excludes any
119, provided the shall not be discharged
accused from the
accused shall not be if there appears good
complaint or
placed in double cause to detain him. In
information, can be
jeopardy. such case, the court
made only upon motion
shall commit the
by the prosecutor, with
accused to answer for
notice to the offended
the proper offense and
party and with leave of
dismiss the original case
court.
upon the filing of the
proper information. 

Downgrading is NOT ALLOWED

ALLOWED
Atty. Tranquil: However, one thing you have to watch
Any amendment before
out for – while the rule allows substitution, the accused
plea, which downgrades
shall not be placed in double jeopardy.
the nature of the
offense charged can be
made only upon motion
by the prosecutor, with
notice to the offended
party and with leave of
court.

The court may require the witnesses to give bail for

their appearance at the trial. (14a)

Can I just change the Information?

Yes. That is allowed in Rule 14 in relation to Sec. 19 of

R119, by way of substitution. It usually happens when
the prosecution thinks that it cannot prove the offense
charged in the Information. (Atty. Tranquil)
 RULE 111
PROSECUTION OF CIVIL ACTION If there is a civil case, administrative case, and
there is a criminal case plus a writ of amparo,
GR: When a criminal action is instituted, the civil action the latter would be consolidated with the
for the recovery of civil liability arising from the offense criminal case. It is always that way.
charged shall be deemed instituted with the criminal
action. EFFECT OF THE DEATH OF THE ACCUSED ON CIVIL
ACTIONS (SEC. 4, R111)
XPNS: When the offended party:
BEFORE PLEA AFTER PLEA
1. WAIVES the civil action; The criminal case is The death of the
extinguished, without accused, in whatever
Note: A unilateral relinquishment of a claim/ prejudice to proceeding stage (even on appeal),
right. against the estate of the the criminal action and
deceased. the civil liability arising
2. RESERVES the right to institute it separately; from the delict are
extinguished.
Note: two (2) things to remember:
Those arising from other sources of obligation
 Shall be made before the prosecution starts aside from delict (law, contact, quasi-contact, and
presenting its evidence; AND quasi-delict) AND independent civil actions
survive. Note: For all intents and purposes, these
 Under circumstances affording the offended are civil actions. (Atty. Tranquil) These may be
party a reasonable opportunity to make such continued against the estate or legal representative
reservation. of the accused after proper substitution or against
said estate, as the case may be. (Section 4, R111)
Note: You have to wait for the termination of
the criminal aspect before you can prosecute Note: Sec. 16 of R3 in relation to Sec. 4 of R111, the
the reserved civil aspect. counsel has the duty to inform the court and to
name the legal representative so there will be
Note: But for independent civil actions, there is substitution – not substitution as to the criminal
no need to reserve and you do not have to wait action and the civil liability arising from delict, but
for the termination of the criminal aspect to as to those obligations arising from other sources of
prosecute them e.g., Arts. 32, 33, 34, and 2176 obligation aside from AND independent civil
of the NCC. actions. (Atty. Tranquil)

3. INSTITUTES THE CIVIL ACTION PRIOR to the

criminal action. BP 22 CASES

Note: Once the criminal action is instituted, the The criminal action shall be deemed to include the
prosecution of the civil action instituted ahead corresponding civil action. No reservation to file such
will stop in whatever stage it may be because civil action separately shall be allowed.
the law gives preference to the criminal action.
Atty. Tranquil: You can file civil case ahead the criminal
Nonetheless, you have an option to consolidate case. However, the very moment the criminal action for
– so whatever evidence was presented in the BP 22 is filed, the civil action is suspended.
civil action instituted ahead can be consolidated
with the criminal action. FILING FEES

Side Note: In the light of the rule on the Writ of Actual Damages Moral, Nominal,
Amparo, if there is a petition for the issuance of Temperate, or
the writ and a subsequent criminal case, it will Exemplary (MENT)
be consolidated with the criminal case. Damages
 GR: No filing fees shall Filing fees is required –
be required. where the amount of  The issue in the civil case will determine the
damages, other than outcome of the criminal action (the guilt or
XPN: BP 22 – the actual, is specified in the innocence of the accused). That is why the
offended party shall pay complaint or criminal case will have to wait for the outcome
in full the filing fees information, the of the civil case. (Guidelines on Continuous
based on the face value corresponding filing fees Trial; Atty. Tranquil)
of the check, which shall shall be paid by the
be considered as the offended party upon the Effect of a Prejudicial Question
actual damages claimed. filing thereof in court.
Ratio: To prevent the Suspension of the criminal action (Sec. 6, Rule 111)
practice of financing Q: Should you amend
companies in using the Information if It does not prescribe the dismissal of the criminal action
court processes as a MENT is not alleged [Yap v. Paras, G.R. No. 101236, (1992)]
collection arm. therein?
Where filed and when filed
No, because if it is
proven in the course of A petition for suspension of criminal action based upon
the trial, the filing fees the pendency of a prejudicial question in a civil action
thereof shall constitute is filed in either:
a first lien on the
judgment awarding 1. Office of the prosecutor (in the PI stage); OR
such damages.
2. Court where criminal action has been filed for
trial, at any time before the prosecution rests.
(Sec. 6, Rule 111) [Atty. Tranquil; UP BOC 2020]
PREJUDICIAL QUESTION
Examples:
You have to take note of this because it has been so
long since this was asked in the bar. Prejudicial Question No Prejudicial Question
The civil action was for Mr. X, believing that his
Elements of a Prejudicial Question the determination of first marriage is void
who owned the entered into a second
1. There is a previously instituted civil action; property, and the marriage, but without
criminal action is for the having his first marriage
Note: What the court will look into is only a prejudicial violation of Article 316 declared void by the
question between a civil and a criminal case. (Atty. (1) of the RPC – any court (Bigamy)
Tranquil) person who, pretending
to be the owner of any There is no prejudicial
2. The previously instituted civil action involves an issue real property, shall question because the
similar or intimately related to the issue raised in the convey, sell, encumber crime of Bigamy was
subsequent criminal action; AND or mortgage the same. already consummated.
(Atty. Tranquil)
3. The resolution of such issue determines whether or There is a prejudicial
not the criminal action may proceed.  question because the
Note/s: issue in the civil action is
determinative of the
 You cannot file a motion to suspend the outcome of the criminal
criminal proceedings on the ground of a action. If the accused
prejudicial question if the criminal action was was the owner, then he
instituted prior the civil action. Thus, there could perfectly sell the
should be a civil action that has been instituted real property. (Atty.
ahead of the criminal action; AND Tranquil)
 RULE 114 (b) Nature and circumstances of the offense;
BAIL
(c) Penalty for the offense charged;
PRELIMINARIES (d) Character and reputation of the accused;
(e) Age and health of the accused;
Atty. Tranquil: The grant of bail is a judicial function.
ONLY COURTS CAN GRANT BAIL. (f) Weight of the evidence against the accused;
(g) Probability of the accused appearing at the
Personal note: In no case shall bail be allowed after the
accused has commenced to serve sentence. (Sec. 24, trial;
R114)
(h) Forfeiture of other bail;
NO RELEASE OR TRANSFER EXCEPT ON COURT ORDER (i) The fact that accused was a fugitive from
OR BAIL justice when arrested; and

No person under detention by legal process shall be (j) Pendency of other cases where the accused
released or transferred except upon order of the court is on bail.
or when he is admitted to bail. (Sec. 3, R114)
Note/s:
DEFINITION
 You may file a motion to reduce bail considering
Bail is the security given for the release of a person in the factors above
custody of the law, furnished by him or a bondsman, to
guarantee his appearance before any court as required  Excessive bail shall not be required.
under the conditions hereinafter specified. (Sec. 1,
R114) San Miguel vs. Judge Maceda – Where bail is a matter
of right, the existence of a high degree of
Note: Bail acts as a reconciling mechanism to probability that the defendant will abscond confers
accommodate both the accused’s interest in pretrial upon the court no greater discretion than to increase
(provisional) liberty and society’s interest in assuring the the bond to such an amount as would reasonably tend
accused’s presence at trial. (Leviste vs. Court of Appeals, to assure the presence of the defendant when it is
G.R. No. 189122, 17 March 2020) wanted, subject to the provision that excessive bail shall
not be required.
FORMS OF BAIL
Note: If bail is a matter of right, the judge cannot refuse
Bail may be given in the form of corporate surety, to grant bail. If the judge determines that the applicant
property bond, cash deposit, or recognizance. (Sec. 1, is is a flight risk, he can only increase the amount of
R114) bail. (Atty. Tranquil)

AMOUNT OF BAIL; GUIDELINES (Sec. 9, R114) Atty. Tranquil: In one case (qualified theft and the
applicant is a daughter of a fisherman), the trial court
imposed 20K as the amount of bail. The SC held that it
Note: In practice, the office of the prosecutor
was excessive.
recommends to the judge the amount of bail and the
amount thereof is found at the bottom of the
In the final analysis, you will see that the excessiveness
Information e.g., “recommended bail 200K”.
of bail depends on several factors. For one, what is not
excessive to some may be excessive to another. That is
The judge who issued the warrant or granted the
why Sec. 9 is important.
application shall fix a reasonable amount of bail
considering primarily, but not limited to, the following
CONDITIONS OF THE BAIL; REQUIREMENTS
factors:
Mandatory conditions of all kinds of bails
(a) Financial ability of the accused to give bail;
All kinds of bail are subject to the following conditions: bailable to bailable, the application for bail can only be
filed with and resolved by the appellate court.
(a) The undertaking shall be effective upon
approval, and unless cancelled, shall remain in Should the court grant the application, the accused may
force at all stages of the case until promulgation be allowed to continue on provisional liberty during the
of the judgment of the RTC, irrespective of pendency of the appeal under the same bail subject to
whether the case was originally filed in or the consent of the bondsman.
appealed to it;
Usares vs. People (G.R. No. 209047, 7 January 2019)
(b) The accused shall appear before the proper
court whenever required by the court of these Facts: Usares was found guilty of Homicide by the RTC.
Rules; The lawyer manifested that they intend to file a notice
of appeal within the period of 15 days from
(c) The failure of the accused to appear at the promulgation, and moved that Usares be released
trial without justification and despite due notice under the same bond that they have posted in the past,
shall be deemed a waiver of his right to be which the RTC granted in an Order dated 21 March
present thereat. In such case, the trial may 2012.
proceed in absentia; and
The opposing counsel filed a motion for issuance of
(d) The bondsman shall surrender the accused warrant arguing that Usares has no bond already. Note,
to the court for execution of the final judgment. however, that there was a manifestation in open court
made by the counsel of Usares that the Usares intends
BAIL AS A MATTER OF RIGHT to continue to avail of his original bail, which was
granted by the court.
FIRST LEVEL COURTS THE RTC
Before OR after Before conviction AND Issue: Did Usares jump bail?
conviction. if the penalty is not
Death, Life Ruling: No. Usares did not jump bail.
Note: “After conviction” Imprisonment or
means that he will still Reclusion Perpetua. Under Section 8, Rule 124 of the Rules of Court, the CA
available the remedies is authorized to dismiss an appeal, whether upon
provided by law; hence, motion of the appellee or motu proprio, once it is
the conviction is not yet determined that the appellant, among others, jumps
final and executory. bail, viz.:
(Atty. Tranquil)
Section 8. Dismissal of appeal for abandonment or
failure to prosecute. - The Court of Appeals may, upon
motion of the appellee or motu proprio and with notice
to the appellant in either case, dismiss the appeal if the
BAIL AS A MATTER OF DISCRETION
appellant fails to file his brief within the time prescribed
by this Rule, except where the appellant is represented
Bail, when discretionary – After conviction by the RTC
by a counsel de oficio.
of an offense not punishable by death, reclusion
perpetua, or life imprisonment, admission to bail is
The Court of Appeals may also,  upon motion of the
discretionary.
appellee or motu proprio, dismiss the appeal if the
appellant escapes from prison or confinement, jumps
GR: The application for bail may be filed and acted
bail OR flees to a foreign country during the pendency
upon by the trial court despite the filing of a notice of
of the appeal. (Emphasis and underscoring supplied)
appeal, provided it has not transmitted the original
record to the appellate court.
The reason behind this provision is not difficult to
discern. Same as one who escapes from prison or
XPN: If the decision of the trial court convicting the
confinement, or flees to a foreign country, an accused-
accused changed the nature of the offense from non-
appellant who jumps bail during the pendency of his
appeal is considered to have evaded the established Atty. Tranquil: It is not automatic that RTC will exercise
judicial processes to ensure his proper criminal its discretion. It must first check if there are bail-
prosecution, and in so doing, forfeits his right to pursue negating circumstances.
an appeal.
If there are bail-negating circumstances, the court
Here, the records reveal that Usares, through her cannot exercise discretion. (Atty. Tranquil; Leviste vs.
lawyer, had manifested in open court during the Court of Appeals, G.R. No. 189122, 17 March 2020)
promulgation of the RTC Decision, that she intended to
appeal within fifteen (15) days therefrom, and further Atty. Tranquil: The concept of bail-negating
moved that she be released under the same cash bail circumstances applies only to bail as a matter of
bond. As clearly reflected in the March 21, 2012 RTC discretion.
Order, the RTC granted the said motion.
Under Section 5, Rule 114 of the Rules of Court, when Again, if bail is a matter of right, the judge cannot refuse
the RTC, after the conviction of the accused, grants the to grant the same. If the judge have doubts, he can only
latter's application for bail based on its discretion, the increase the amount of bail.
accused-appellant may be allowed to continue on
provisional liberty during the pendency of the appeal NON-BAILABLE OFFENSES
under the same bail subject to the consent of the
bondsman. Personal Note: The rules here in non-bailable offenses
are separate and distinct from the rules governing bail
Note: Connect this with the discussions of Atty. Tranquil as a matter of right and as a matter of discretion, as the
in Sec. 1 (c) Rule, 115 (Rights of the Accused). case may be.

Bail-negating circumstances No person charged with a capital offense, or an offense

punishable by reclusion perpetua or life imprisonment,
If the penalty imposed by the RTC is imprisonment shall be admitted to bail when evidence of guilt is
exceeding six (6) years, the accused shall be denied bail strong, regardless of the stage of the criminal
OR his bail shall be cancelled upon a showing by the prosecution.
prosecution, with notice to the accused, of the
following or other similar circumstances: Capital offense – A capital offense is an offense which,
under the law existing at the time of its commission and
(a) That he is a recidivist, quasi-recidivist, or of the application for admission to bail, may be
habitual delinquent, or has committed the punished with death.
crime aggravated by the circumstance of
reiteration; Burden of proof in bail application – if the offense
punishable by death, reclusion perpetua, or life
(b) That he has previously escaped from legal imprisonment, the prosecution has the burden of
confinement, evaded sentence, or violated the showing that evidence of guilt is strong.
conditions of his bail without valid justification;
Note: Even if the offense is punishable by
(c) That he committed the offense while under death, reclusion perpetua, or life imprisonment, you
probation, parole, or conditional pardon; may still apply for bail. But now, the burden is upon the
prosecution to show that the evidence of guilt is strong.
(d) That the circumstances of his case indicate (Atty. Tranquil)
the probability of flight if released on bail; or
Note/s: The process are as follows:
(e) That there is undue risk that he may commit
another crime during the pendency of the  Applicant files a Petition for Bail.
appeal.
 There will be a summary hearing, and under the
The appellate court may, motu proprio or on motion of guidelines on Continuous Trial.
any party, review the resolution of the RTC after notice
to the adverse party in either case.
  The court has to resolve the petition no later thereof is
than 30 days from the termination of the or available Personal
summary hearing. unavailabi note: In bail
lity of the with any first as a matter
 Again, the prosecution has the burden to show judge level court of
that the evidence of guilt is strong. In fact, the thereof, judge of discretion,
applicant does not need to present evidence. with any Marikina Sec. 5 of
RTC or City. R114
 If the prosecution is able to prove that the first level provides
evidence of guilt is strong, the applicant will not court that: “If the
be entitled to bail. Otherwise, during the judge of decision of
pendency of the case, the applicant is Quezon the trial
provisionally released. City. court
convicting
Note: You only file a petition for bail when the fiscal the accused
recommends that it is non-bailable. Otherwise, what changed the
will apply is bail as a matter of right or discretion will nature of
apply, as the case may be. (Atty. Tranquil) the offense
from non-
Tip: Leviste vs. Court of Appeals, G.R. No. 189122, 17 bailable to
March 2020is a good case for those who are having bailable, the
difficulty in understanding bail. (Atty. Tranquil) application
for bail can
WHERE TO APPLY FOR BAIL? only be filed
with and
So that you would easily remember, I would not give resolved by
you the provision of the rule, but I will give you facts the
showing you how to apply the rules. appellate
court.”
PENDING PENDING ANY WHEN BAIL
CASE IN CASE IN PERSON IS A
QUEZON QUEZON IN MATTER OF
CITY AND CITY BUT CUSTOD DISCRETION
ARRESTE ARRESTED IN Y WHO , OR THE
D IN MARIKINA IS NOT ACCUSED Note: Whenever allowed by law or these Rules, the
QUEZON CITY YET SEEKS TO BE court may release a person in custody to his own
CITY CHARGE RELEASED recognizance or that of a responsible person. (Sec. 15,
D IN ON R114)
COURT RECOGNIZA
NCE BAIL, WHEN NOT REQUIRED; REDUCED BAIL OR
RECOGNIZANCE (SEC. 16, R114)

1. 1. With the With any May only be No bail shall be required when the law or these Rules so
Primarily court where court in filed in the provide.
with the the case is the court where
court pending; province, the case is WHEN A PERON HAS A PERSON IN CUSTODY
where the city, or pending, BEEN IN CUSTODY FOR FOR A PERIOD EQUAL
case is 2. With any municipa whether on A PERIOD EQUAL TO OR TO OR MORE THAN THE
pending; RTC of lity preliminary MORE THAN THE MINIMUM OF THE
OR Marikina where he investigatio POSSIBLE MAXIMUM PRINCIPAL PENALTY
City; OR is held. n, trial, or IMPRISONMENT PRESCRIBED FOR THE
2. In the on appeal. PRESCRIBEDFOR THE OFFENSE CHARGED,
absence 3. If no judge
 OFFENSE CHARGED W/O APPLICATION OF construed as a final order, hence subject to an appeal.
ISLAW OR ANY (Atty. Tranquil citing the case of Reliance Surety vs.
MODIFYING Amante)
CIRCUMSTANCE
He shall be released He shall be released on CANCELLATION OF BAIL
immediately, without a reduced bail OR on his
prejudice to the own recognizance, at VOLUNTARY AUTOMATIC
continuation of the trial the discretion of the CANCELLATION
or the proceedings on court. Upon application of the Upon:
appeal. bondsmen, with due
notice to the 1. Acquittal of the
prosecutor, the bail may accused;
be cancelled upon:
Note: If the maximum penalty to which the accused 2. Dismissal of the case;
may be sentenced is destierro, he shall be released after 1. Surrender of the OR
thirty (30) days of preventive imprisonment. accused; OR
3. Execution of the
FORFEITURE 2. Proof of his death. judgment of conviction.

When the presence of the accused is required by the

court or these Rules, his bondsmen shall be notified to
produce him before the court on a given date and time. ARREST OF ACCUSED OUT ON BAIL

Effect of failure to appear For the purpose of surrendering the accused, the
bondsmen may:
If the accused fails to appear in person as required:
1. Arrest him; OR
1. His bail shall be declared forfeited; AND
2. The bondsmen given thirty (30) days within 2. Upon written authority endorsed on a certified
which to: copy of the undertaking, cause him to be
arrested by a police officer or any other person
a) Produce the body of their principal OR give of suitable age and discretion.
the reason for his non-production; AND
Re-arrest of an accused released on bail without
b) Explain why the accused did not appear warrant
before the court when first required to do
so. An accused released on bail may be re-arrested without
the necessity of a warrant if he attempts to depart from
Note: Failing in a) and b), a judgment shall be rendered the Philippines without permission of the court where
against the bondsmen, jointly and severally, for the the case is pending.
amount of the bail.
NO BAIL AFTER FINAL JUDGMENT; EXCEPTION
The court shall not reduce or otherwise mitigate the
liability of the bondsmen, unless the accused has been GR: No bail shall be allowed after the judgment of
surrendered or is acquitted. conviction has become final.

What is the remedy if your bail is forfeited? XPN: If before such finality, the accused has applies for
probation, he may be allowed temporary liberty under
The immediate remedy in case of forfeiture of bail is a his bail.
motion for reconsideration to reinstate the bail.
When no bail was filed or the accused is incapable of
Moreover, jurisprudence has confirmed that the filing one, the court may allow his release on
judgment against the bondsmen in the bond may be
recognizance to the custody of a responsible member of
the community.

Note: The application for probation must be within the

reglementary period (before it becomes final and
executory). Otherwise, he will serve his sentence. (Atty.
Tranquil)

Atty. Tranquil’s explanation:

 There are times the accused is no longer willing

to appeal, and applies for probation instead.

 The accused can be released for the meantime

while his documents are being processed for
probation – he either be released based on his
original bail OR if he does not one then he can
be released by recognizance

BAIL NOT A BAR TO OBJECTIONS ON ILLEGAL

ARREST, LACK OF OR IRREGULAR PRELIMINARY
INVESTIGATION

An application OR an admission to bail shall not bar the

accused from challenging or questioning the:

1. Validity of his arrest;

2. Legality of the arrest warrant;
3. Regularity of PI; OR
4. Absence of PI.

Provided, that the accused raises them before entering

his plea.

The court shall resolve the objections as early as

practicable but not later than the start of the trial of the
case. (Sec. 26, Rule 114)
 RULE 115 When an accused under custody escapes, he shall be
RIGHTS OF THE ACCUSED deemed to have waived his right to be present on all
subsequent trial dates until custody over him is
Section 1. Rights of accused at the trial. — In all criminal regained.
prosecutions, the accused shall be entitled to the
following rights: Upon motion, the accused may be allowed to defend
himself in person when it sufficiently appears to the
(a) To be presumed innocent until the contrary is court that he can properly protect his right without the
proved beyond reasonable doubt. assistance of counsel.

Atty. Tranquil: Atty. Tranquil:

 Disputable presumption. The accused is entitled to a counsel of choice.

 It will only arise if a person is charged of a If he does not have one, the court can appoint a counsel
criminal offense. Absence thereof, the right de oficio.
cannot be invoked.
 The counsel de officio can be appointed for
 Ratio: To minimize the imbalance in the purposes of arraignment only or for the rest of
adversarial system where the accused is pitted the proceedings.
against the awesome prosecutory machinery of
the State.  Under Sec. 13 of R122,  it is the duty of the clerk
of the trial court, upon filing of a notice of
(c) To be present and defend in person and by counsel appeal, to ascertain from the appellant, if
at every stage of the proceedings, from arraignment to confined in prison, whether he desires the RTC,
promulgation of the judgment. CA or SC to appoint a counsel de oficio to
defend him and to transmit with the record x x x
The accused may, however, waive his presence at the a certificate of compliance with this duty and of
trial pursuant to the stipulations set forth in his bail, the response of the appellant to his inquiry.
unless his presence is specifically ordered by the court
for purposes of identification.  The CA can appoint a counsel de oficio for the
accused if it appears from the record of the case
Note: The accused can make it as a as transmitted that (a) the accused is confined
condition/stipulation in his bail that he waives his right in prison, (b) is without counsel de parte on
to be present at the trial, and that he will only appear appeal, or (c) has signed the notice of appeal
for the purpose of identification. Therefore, his himself, the clerk of court of the Court of
appearance can be waived without in any way exposing Appeals shall designate a counsel de oficio.
him to an arrest. But he can be required by the court to
appear only for purposes of identification. (Atty.  The SC can appoint a counsel de oficio for the
Tranquil) accused.

Note: If there is no such condition or stipulation in his (f)

bail, and the accused jumps bail, he waives his
appearance in all subsequent proceedings. If he had Note: Section (f) was the basis of the amendment of
jumped bail before arraignment and cannot be arrested Sec. 49, R130 (Exception to the Hearsay Rule).
by his bondsmen, the case will be archived. On the
other hand, if he jumped bail after arraignment, trial in Rule 115, Sec. 1 (f) Rule 130, Sec. 49
absentia will proceed. (Atty. Tranquil) Section 1. Rights of Section 49. Testimony
accused at the trial. — or deposition at a
The absence of the accused without justifiable cause at In all criminal former proceeding. –
the trial of which he had notice shall be considered a prosecutions, the The testimony or
waiver of his right to be present thereat. accused shall be entitled deposition of a witness
deceased or out of the
 to the following rights: Philippines or who Speedy Trial
cannot, with due
xxx diligence, be found  The violation of the right to a speedy trial can
therein, or is be invoked even during trial. (Guidelines on
(f) x x x Either party may unavailable or Continuous Trial of 2017)
utilize as part of its otherwise unable to
evidence the testimony testify, given in a  Under the provisions of the guidelines of speedy
of a witness who is former case or trial, the trial should have been completed
deceased, out of or proceeding, judicial or within a period of 180 days, and the decision
cannot with due administrative, must be promulgated within a period of 90
diligence be found in involving the same days.
the Philippines, parties and subject
unavailable or matter, may be given in  If the trial, without any justification or what you
otherwise unable to evidence against the call as “exclusions” provided under Sec. 3 of
testify, given in another adverse party who had R119, is not completed within a period of 180
case or proceeding, the opportunity to days, the right to a speedy trial is violated.
judicial or cross-examine him or
administrative, her. Said exclusions enumerated in Sec. 3 of R119
involving the same are periods of delay excluded in the counting of
parties and subject the 180-day period of trial. In general, these are
matter, the adverse delays beyond the control of the prosecution.
party having the
opportunity to cross- Speedy Disposition
examine him.
Magante vs. Sandiganbayan (G.R. Nos. 230950-51, 23
July 2018)
Note: This is to show and make it uniform in both
civil and criminal cases that the excuse of the Facts:  The Order of the Ombudsman requiring
person in not appearing is not flimsy. Otherwise, he respondents to file their counter-affidavits was issued
has to appear. (Atty. Tranquil) on February 15, 2011. No clarificatory hearing or further
investigation was conducted that could have added a
Note: The most important is the opportunity to new dimension to the case. On May 6, 2011, the
cross-examine. (Atty. Tranquil) criminal complaint was then already deemed submitted
for resolution. Yet, it would only be on April 15, 2016
(g) To have compulsory process issued to secure the when petitioner would once again hear about the case,
attendance of witnesses and production of other through his receipt of the adverse ruling finding
evidence in his behalf. probable cause to charge him.

(h) To have speedy, impartial and public trial. Issue: Whether or not the right of Magante  to speedy
disposition of the investigation of the case as prescribed
Atty. Tranquil: in section 16, article III of the 1987 Constitution was
violated.
Speedy Trial Speedy Disposition
Ruling: Yes.
Provided for under the Provided for under the
Rules of Court. Constitution (Bill of
The prosecution did not offer any acceptable
Rights)
explanation for this gap between February 15, 2011
Applies only to judicial Applies to judicial,
and April 15, 2016.
bodies. quasi-judicial, and
administrative bodies.
Contrary to the finding of the Sandiganbayan, there is a
Can be invoked even Can be invoked any
hiatus on the part of the Ombudsman during this
during trial. time.
period. Left unsatisfactorily explained, this amounts to a
violation of petitioner's constitutional right to a speedy
disposition of case, corollarily warranting the dismissal
of the criminal case against him.

We must distinguish between fact-finding

investigations conducted before and after the filing of a
formal complaint, to wit:

 When a formal criminal complaint had been

initiated by a private complainant, the burden is
upon such complainant to substantiate his
allegations by appending all the necessary
evidence for establishing probable cause. The
fact-finding investigation conducted by the
Ombudsman after the complaint is filed should
then necessarily be included in computing the
aggregate period of the preliminary
investigation.

 On the other hand, if the fact-finding

investigation precedes the filing of a complaint
as in incidents investigated motu proprio by the
Ombudsman, such investigation should be
excluded from the computation. The period
utilized for case build-up will not be counted in
determining the attendance of inordinate delay.

It is only when a formal verified complaint had been

filed would the obligation on the part of the
Ombudsman to resolve the same promptly arise. Prior
to the filing of a complaint, the party involved is not
yet subjected to any adverse proceeding and cannot
yet invoke the right to the speedy disposition of a case.

(i) To appeal in all cases allowed and in the manner

prescribed by law.
 RULE 116 Shall be made in open court by the judge or clerk by
ARRAIGNMENT AND PLEA furnishing the accused with a copy of the complaint or
information, reading the same in the language or dialect
PRELIMINARIES known to him, and asking him whether he pleads guilty
Arraignment or not guilty. The prosecution may call at the trial
witnesses other than those named in the complaint or
It is the stage where issues are joined and without information. [Sec. 1 (a), Rule 116]
which the proceedings cannot advance further or, if
held, will otherwise be void [People v. Albert, G.R. No. Requirement for the accused to be present at the
114001 (1995)]. arraignment

The accused must be informed of: The accused must be present at the arraignment and
must personally enter his plea.
1. The reason for the indictment
2. The specific charges the accused is bound to Note: Both arraignment and plea shall be made of
face record, but failure to do so shall not affect the validity of
3. The corresponding penalty for the charges the proceedings.

Rationale What if the accused is under preventive detention?

Its importance is based on the constitutional right of the His case shall be raffled and its records transmitted to
accused to be informed. It is at this stage that the the judge to whom the case was raffled within three (3)
accused, for the first time, is given the opportunity to days from the filing of the information or complaint.
know the precise charge that confronts him [Kummer v. Thereafter, the accused shall be arraigned within ten
People, G.R. No. 174461 (2013)] (10) days from the date of the raffle.

Plea Appearance of the private offended party

Pertains to the matter which the accused, on his The private offended party shall be required to appear
arraignment, alleges in answer to the charge against at the arraignment for purposes of:
him.
1. Plea bargaining
ARRAIGNMENT AND PLEA HOW MADE (SEC. 1) 2. Determination of civil liability; and
3. Other matters requiring his presence.
Where made
Effect of failure of the private offended party to appear
Before the court where the complaint or information at arraignment despite due notice
was filed or assigned for trial. [Sec. 1 (a), Rule 116]
The court may allow the accused to enter a plea of
When held guilty to a lesser offense which is necessarily included in
the offense charged with the conformity of the trial
Shall be held within thirty (30) days from the date the prosecutor alone.
court acquires jurisdiction over the person of the
accused, unless a shorter period is provided by special WHEN A PLEA OF NOT GUILTY SHOULD BE ENTERED
law or Supreme Court circular
1. When the accused so pleaded;
Note: The time of the pendency of a motion to quash or
for a bill of particulars or other causes justifying 2. When he refuses to plead [Sec. 1(c), R116];
suspension of the arraignment shall be excluded in
computing the period. 3. When he makes a conditional plea [Sec. 1(c),
R116]; OR
How and by whom made
 Conditional Plea of Guilty – A plea entered by on its own
the accused subject to the proviso that a certain grant the
penalty be imposed upon him. It is equivalent to change of plea.
a plea of not guilty. [People v. Madraga, G.R.
No. 129299, (2000)] Please of Guilty to a Non-Capital Offense; Reception of
Evidence, Discretionary (Sec. 4)
4. When he pleads guilty but presents exculpatory
evidence. [Sec. 1(d), R116] The court may receive evidence from the parties to
determine the penalty to be imposed.
TYPES OF PLEA
Atty. Tranquil:
Plea of guilty to a lesser offense (Section 2)
 Here, the court can enter a sentence already.
It can be made:
 There is no need of a hearing.
During After After the trial
Arraignment arraignment has begun  The hearing, if the court deems it proper to
but before trial have one, is only for the purpose of determining
(pre-trial) the penalty to be imposed, not his culpability.
Requisites: The accused Requisites
may still be [People v. Plea of Guilty to Capital Offense; Reception of
1. The lesser allowed to Villarama, G.R. Evidence (Sec. 3)
offense is plead guilty to No. 99287
necessarily said lesser (1992)]: The court shall:
included in the offense after
offense withdrawing It may be 1. Conduct a searching inquiry into the
charged; AND his plea of not granted by the voluntariness and full comprehension of the
guilty. court: consequences of his plea; AND
2. The plea
must be with Note: No 1. After the 2. Require the prosecution to prove his guilt AND
the consent of amendment of prosecution the precise degree of culpability.
both the the complaint has rested its
offended party or information case; Note/s:
and the is necessary
prosecutor. (Sec. 2, Rule 2. With the  The accused may present evidence in his behalf.
(Sec. 2, Rule 116) approval of the
116) prosecutor and  A plea of guilty to a capital offense does not
the offended result to an immediate rendering of judgment.
In case of party; AND [Riano, 407, 2016 Ed.]
failure of the
offended party 3. If the Searching Inquiry
to appear prosecution
despite due does not have A “searching inquiry” means more than informing
notice, the sufficient cursorily the accused that he faces a jail term but so
court may evidence to also, the exact length of imprisonment under the law
allow the same establish the and the certainty that he will serve time at the national
with the guilt of the penitentiary or a penal colony [People v. Bello, G.R. No.
conformity of accused for the 130411-14 (1999)]
the trial crime charged.
prosecutor The procedure in Sec. 3, Rule 116, when the accused
alone [Sec. 1(f), Note: The pleads guilty to a capital offense, is mandatory. [Riano
Rule 116] judge cannot 407, 2016 Ed., citing People v. Oden, G.R. No. 155511-22
(2004)]
 serve as a trustworthy index of his capacity to
The plea must be clear, definite and unconditional. It give a free and informed plea of guilty.
must be based on a free and informed judgment.
4. Inform the accused the exact length of
A plea of guilty to a capital offense can be held null and imprisonment or nature of the penalty under
void where the trial court has inadequately discharged the law and the certainty that he will serve such
the duty of conducting the prescribed "searching sentence. For not infrequently, an accused
inquiry” [People v. Durango, G.R. Nos. 135438-39 pleads guilty in the hope of a lenient treatment
(2000)] or upon bad advice or because of promises of
the authorities or parties of a lighter penalty
Rationale should he admit guilt or express remorse. It is
the duty of the judge to ensure that the accused
This is to enjoin courts to proceed with more care does not labor under these mistaken
where the possible punishment is in its severest form impressions because a plea of guilty carries with
and to avoid improvident pleas of guilt [People v. it not only the admission of authorship of the
Samontanez, G.R. No. 134530 (2000)] crime proper but also of the aggravating
circumstances attending it, that increase
Guidelines for conducting a search inquiry [People v. punishment.
Pastor, G.R. No. 140208 (2002)]
5. Inquire if the accused knows the crime with
The searching inquiry must determine whether the plea which he is charged and fully explain to him the
of guilt was based on a free and informed judgment. elements of the crime which is the basis of his
Hence, it must focus on (1) the voluntariness of the indictment. Failure of the court to do so would
plea, and (2) the full comprehension of the constitute a violation of his fundamental right
consequences of the plea. to be informed of the precise nature of the
accusation against him and a denial of his right
Although there is no definite and concrete rule to due process.
as to how a trial judge must conduct a
"searching inquiry," we have held that the 6. All questions posed to the accused should be in
following guidelines should be observed: a language known and understood by the latter.

1. Ascertain from the accused himself (a) how he 7. The trial judge must satisfy himself that the
was brought into the custody of the law; (b) accused, in pleading guilty, is truly guilty. The
whether he had the assistance of a competent accused must be required to narrate the
counsel during the custodial and preliminary tragedy or reenact the crime or furnish its
investigations; and (c) under what conditions he missing details.
was detained and interrogated during the
investigations. This is intended to rule out the IMPROVIDENT PLEA
possibility that the accused has been coerced or
placed under a state of duress either by actual It is a plea given without having fully understood the
threats of physical harm coming from meaning and consequence of the plea. (People vs.
malevolent quarters or simply because of the Pagal, G.R. No. 241257, 29 September 2020; Atty.
judge's intimidating robes. Tranquil)

2. Ask the defense counsel a series of questions as Plea as Admission of Material Facts General
to whether he had conferred with, and
completely explained to, the accused the GR: A plea of guilty is a judicial confession of guilt. It is
meaning and consequences of a plea of guilty. an admission of material facts alleged in the
Information, including the circumstances alleged.
3. Elicit information about the personality profile [People v. Comendador, G.R. No. L-38000 (1980)]
of the accused, such as his age, socio-economic
status, and educational background, which may XPN: Improvident plea.
Withdrawal of improvident plea of guilty c) A petition for review of the resolution of the
prosecutor is pending at either the
At any time before the judgment of conviction Department of Justice, or the Office of the
becomes final, the court may permit an improvident President; provided, that the period of
plea of guilty to be withdrawn and be substituted by a suspension shall not exceed sixty (60) days
plea of not guilty. (Sec. 5, R116) counted from the filing of the petition with the
reviewing office. (12a)
The withdrawal of a plea of guilty is not a matter of right
of the accused but of sound discretion of the trial court
[People v. Lambino, G.R. No. L-10875 (1958)]

The reason for this is that trial has already begun and
the withdrawal of the plea will change the theory of the
case and put all past proceedings to waste. (UP BOC
2020, p. 403)

Moreover, at this point, there is a presumption that the

plea was made voluntarily. (UP BOC 2020, p. 403)
People vs. Pagal (G.R. No. 241257, 29 September 2020)

Two things to remember (Atty. Tranquil):

The Supreme Court has sustained convictions involving

improvident pleas of guilt because, in any case, the
sentence of conviction is supported by proof beyond
reasonable doubt independent of the accused's plea of
guilty.

However, where the conviction is predicated solely on

the basis of an improvident plea of guilty, the Supreme
Court has consistently chosen to set aside said
conviction and, instead, remand the case to the lower
court for further proceedings. This was the ruling in an
unbroken line of jurisprudence. "Further proceedings"
usually entails re-arraignment and reception of
evidence from both the prosecution and the defense in
compliance with Sec. 3, Rule 116.

SUSPENSION OF ARRAIGNMENT (SEC 11)

Upon motion by the proper party, the arraignment shall

be suspended in the following cases [PUP]:

a) The accused appears to be suffering from an

unsound mental condition which effective
renders him unable to fully understand the
charge against him and to plead intelligently
thereto. In such case, the court shall order his
mental examination and, if necessary, his
confinement for such purpose;

b) There exists a prejudicial question; and

OTHER MATTERS DISCUSSED BY ATTY. TRANQUIL
WHILE IN R116 If it is made as a condition of the bail, not only is
Mostly not included in the coverage of the 2021 bar the reading waived, but also the entry of a plea
exam. if the accused is absent. In other words, the
condition of the bail is that the court will be
 GR: The very moment the court acquires allowed to enter a plea of not guilty if he is
jurisdiction over the person of the accused, the absent.
ARRAIGNMENT AND PRE-TRIAL shall be held
within 30 days. The purpose of which is so that the case can
proceed even in absentia.
XPN: 10 days for persons detained.
 Archiving of Criminal Cases (ADMINISTRATIVE
 The notice of arraignment AND notice of pre- CIRCULAR NO. 7-A-92 June 21, 1993)
trial shall be sent to the accused and his
counsel, the private complainant, the law a) A criminal case may be archived only if after the
enforcement officer, including public issuance of the warrant of arrest, the accused
prosecutor. remains at large for six (6) months from the
delivery of the warrant to the proper peace
 Who should be present during pre-trial? The officer. An order archiving the case shall require
public prosecutor or private prosecutor, as the the peace officer to explain why the accused
case may be, the accused, and his counsel. was not apprehended. The court shall issue an
alias if the original warrant of arrest is returned
The private complainant is only a witness. by the peace officer together with the report.
Therefore, his absence has no serious
consequences, unless he is specifically required b) The court, motu proprio or upon motion of any
by the court to appear. His absence will not party, may likewise archive a criminal case
result to the dismissal of the case because he is when proceedings therein are ordered
only the complaining witness? suspended for an indefinite period because:

 What if the accused is absent during pre-trial? 1) the accused appears to be suffering from an
The court will issue a warrant for his immediate unsound mental condition which effectively
arrest if there is no reason for his absence. renders him unable to fully understand the
There also danger that his bail will be forfeited charge against him and to plead
in favor of the government. intelligently, or to undergo trial, and he has
to be committed to a mental hospital;
 Can there be waiver of the reading of the
information? Yes. In the light of the guidelines 2) a valid prejudicial question in a civil action is
on continuous trial, the “reading” of the invoked during the pendency of the criminal
Information can be waived. case unless the civil and the criminal cases
are consolidated;
In such case, it is the duty of the court to
conduct a personal examination of the accused 3) an interlocutory order or incident in the
– that the accused makes an express consent criminal case is elevated to, and is pending
and understands the consequences of the resolution/decision for an indefinite period
same. In addition, the counsel is also required before a higher court which has issued a
to make an express consent. So, the counsel temporary restraining order or writ of
and the accused will have to waive it expressly. preliminary injunction; and

Procedural requirements of the waiver – such 4) when the accused has jumped bail before
waiver must appear in the minutes, certificate, arraignment and cannot be arrested by his
and order of arraignment. bondsmen.

 Criminal procedure in environmental cases

Note: If the accused jumps bail after
arraignment, what would take place is trial
in absentia.
 RULE 117
MOTION TO QUASH

PROVISIONAL DISMISSAL (SECTION 8)

A case shall not be provisionally dismissed except with

the express CONSENT OF THE ACCUSED and with
NOTICE TO THE OFFENDED party.

Atty. Tranquil:

 There is no ground provided for under Rule 117.

It could be for a lot of reasons. Among the
common reasons are as follows:

 Unavailability of witness e.g., stranded

abroad because of the pandemic, and
would only be able to come back at the PH
in 4-6 months.

 Unavailability of records/documents e.g.,

records needed to prove the culpability of
the accused placed in a warehouse, and the
person in charge thereof could not be
reached because of the pandemic.

 GR: Any act of provisional dismissal is subject to

revival.

XPN: If the penalty for the offense exceeds 6

years, it will become permanent from the time