CRIMINAL PROCEDURE:

A. GENERAL MATTERS:

1. JURISDICTION OVER THE SUBJECT MATTER VS.

JURISDICTION OVER THE PERSON OF THE ACCUSED:

A. Jurisdiction over the subject matter: It is the authority of the court to hear and determine a
case of the general class to which the proceeding in question belongs.
 The case is one which, by law, the court is authorized to take cognizance of

B. Jurisdiction over the person of the accused: It is the jurisdiction of the court over the
person charged.
 Requires that the person charged be brought to the court for trial either by his arrest or
voluntary submission to the jurisdiction of the court.

2. REQUISITES FOR THE EXERCISE OF CRIMINAL

JURISDICTION:
1. Jurisdiction over the subject matter:

It is the authority to hear and determine a case of the general class to which the
proceeding in question belongs.

 How jurisdiction over the subject matter is conferred:

It is conferred by the sovereign authority which organized the court and given by law in
the manner and form prescribed by law.

 How jurisdiction over the subject matter is determined:

It is determined by the allegations in the complaint or information to ascertain whether
the facts set out therein and the penalty provided by law for such acts fall within the
jurisdiction of the court
 Statute applicable to criminal action: The jurisdiction of the court to try a criminal case is
determined by the statute in force at the time of the institution of the action and NOT at
the time of the commission of the offense

 Principle of adherence of jurisdiction/continuing jurisdiction:

Once the court acquires jurisdiction over a particular case, it shall continue to exercise
such jurisdiction until the final determination of the case and will not be affected by any
subsequent legislation vesting jurisdiction in another tribunal except:
a. When the statute expressly provides
b. When the statute is construed as intended to apply to pending actions before
its enactment

2. Jurisdiction over the person of the accused:

Acquired when the accused is arrested or apprehended or by his voluntary appearance or
submission to the jurisdiction of the court.

 The seeking of affirmative relief in court (filing a motion to quash, appearing for
arraignment, trial or posting a bond) is deemed submission to the jurisdiction of
the court, except if the seeking of affirmative relief such as:
i. Making an appearance before the court precisely to question the jurisdiction
of the court over the person of the defendant
ii. Filing a motion to quash the warrant of arrest because the very legality of the
court process forcing the submission of the person of the accused to the
jurisdiction of the court is the very issue
(In such cases, these are not deemed as voluntary submission to the jurisdiction of
the court)

3. Jurisdiction over the territory (Venue of criminal actions):

Requires that the offense must be committed within the territorial jurisdiction of the court
Gen. Rule: All criminal actions shall be commenced and tried in the court of the
municipality or territory where the offense was committed or where any of its essential
ingredients occurred.
 In criminal cases, venue is jurisdictional: Requires that the offense has been
committed or any of its essential ingredients occurred within the territorial
jurisdiction of the court (This is determined by the allegations in the complaint)
Exceptions:
 i. Offenses committed on a train, aircraft, public or private vehicle:
Shall be commenced and tried in the court of the municipality or territory
where the train, aircraft, vehicle had passed during its trip including the place
of departure and arrival

ii. Offenses committed on board a vessel:

Shall be commenced and tried in the court of the municipality or territory
where the vessel had passed during its voyage including the first port of entry

iii. Offenses in committed under Art 2 of the RPC:

Shall be cognizable by the court where the case is first filed

4. WHEN INJUNCTION MAY BE ISSUED TO RESTRAIN

CRIMINAL PROSECUTION:
Gen. Rule: Courts will not issue writs of prohibition or mandamus to restrain criminal
prosecution

Exceptions:
i. To protect the constitutional rights of the accused
ii. For the orderly administration of justice and to avoid oppression and multiplicity of
suits
iii. When there is a prejudicial question which is subjudice
iv. When the case is one of persecution rather than prosecution
v. When the prosecution is under an invalid law or regulation
vi. When there is no prima facie case against the accused and a motion to quash on that
ground has been denied
vii. When the court has no jurisdiction over the offense charged
viii. When the acts of the officer are without or in excess of authority
ix. When there is double jeopardy
x. When the charges are manifestly false and motivated by a lust for vengeance
RULE 110: PROSECUTION OF OFFENSES:

1. CRIMINAL ACTIONS; HOW INSTITUTED:

Criminal actions shall be instituted as follows:
A. For offenses where a preliminary investigation is required:
By filing the complaint with the proper officer for the purpose of conducting the
requisite preliminary investigation

B. For all other offenses:

By filing the complaint or information directly with the MTC or MCTC
By filing the complaint with the office of the prosecutor

In Manila and other chartered cities, by filing the complaint with the office of the
prosecutor unless otherwise provided in their charter

C. Effect of institution of the criminal action:

The institution of the criminal action shall interrupt the running of the prescriptive
period for the offense charged unless otherwise provided in special laws

NOTA BENE:

 No direct filing of the complaint with the RTC: RTC has jurisdiction over
offenses punishable by imprisonment of more than 6 years

Under Rule 110, for offenses requiring preliminary investigation (The penalty of
imprisonment provided by law is at least 4 years, 2 months and 1 day)—The
complaint shall be filed with the office of the prosecutor and the filing of the
complaint for purposes of conducting the requisite PI effectively tolls the running
of the prescriptive period
 Violation of RPC Violation of Special Violation of ordinances
Laws
 The filing of the  Same ruling: The  The filing of the
complaint with filing of the complaint or
the office of the complaint with information with
prosecutor the office of the the COURT
effectively prosecutor effectively
suspends the effectively suspends the
running of the suspends the running of the
prescriptive running of the prescriptive
period for the prescriptive period for the
offense charged. period for the offense charged.
offenses charged.

 Violation of municipal or city ordinances:

Covered by the Rules on Summary Procedure
Prescribes in 2 months from the time of the commission of the offense
Prescriptive period is suspended when the complaint or information is filed with
the court

Basis: The period of prescription is suspended when the proceedings against the
guilty person are instituted. (The proceedings referred to are judicial proceedings)

 Violation of Special Laws:

The filing of the complaint with the Office of the Prosecutor even for purposes of
PI effectively suspends the running of the prescriptive period for the offense
charged

In cases cognizable by an administrative agency of special competence (i.e., SEC)

and which are criminal in nature, the investigation conducted by such admin
agency of special competence is also equivalent to the investigation conducted by
the DOJ and such investigation conducted by the admin agency effectively
suspends the running of the prescriptive period for the offense charged.

2. CRIMES THAT CANNOT BE PROSECUTED DE

OFICIO; PROSECUTION OF PRIVATE CRIMES:

A. Adultery and concubinage:

 Shall not be prosecuted except upon a complaint filed by the offended spouse

 The offended party cannot institute the criminal action:

  Without including the guilty parties, if both are alive
 The offended spouse has consented to the offense
 The offended spouse has expressly or impliedly pardoned both the
offenders

B. Acts of Lasciviousness, Abduction and Seduction:

 Shall not be prosecuted except upon a complaint filed by the offended party, her
parents, grandparents or guardian or when the offender has been expressly
pardoned by any of them

 If the offended party dies or becomes incapacitated and she has no known parents,
grandparents or guardian, the State shall initiate the criminal action in her behalf

 The offended party, even if a minor, shall have the right to initiate the action for
the criminal prosecution of the crimes of abduction, seduction or acts of
lasciviousness independently of her parents, grandparents or guardian unless she
is incapable or incompetent of doing so

 If the minor fails to file the complaint, her parents, grandparents or guardian may
file the same. The right to file the complaint shall be exclusive of other people and
shall be exercised in the order stated

C. Defamation which consists in the imputation of the offenses of adultery, concubinage,

acts of lasciviousness, abduction or seduction:
 Shall not be prosecuted except upon a complaint filed by and at the instance of the
offended party.

3. -xxx-xxx-

4. CONTROL OF PROSECUTION; INTERVENTION BY

THE OFFENDED PARTY:
A. Control of the prosecution:
All criminal actions commenced by a complaint or information shall be prosecuted under
the direction and control of the public prosecutor.
In case of heavy work schedule or in the event of lack of public prosecutor, the private
prosecutor may be authorized in writing by the Chief of the Prosecution Office or
Regional State Prosecution subject to the approval of the court
 Once authorized to prosecute the criminal action, the private prosecutor shall
prosecute the criminal case up to the end of the trial even in the absence of a
public prosecutor unless his authority is revoked or otherwise withdrawn.

B. Intervention by the offended party:

Where the civil action for the recovery of civil liability is instituted in the criminal
action, the offended party may intervene by counsel in the prosecution of the case.

NOTA BENE:

 The prosecution of the criminal aspect of a case rests with the public prosecutor.

 Intervention of the offended party is allowed only on the civil aspect of the case:
The appointment of a private prosecutor by the offended party may be allowed
only in the civil aspect of the case such as when the civil action for the recovery
of civil liability is instituted in the criminal action
Thus, the offended party cannot appoint a private prosecutor if he or she has:
Waived the civil action
Reserves the right to institute the civil action separately
Institutes the civil action prior to the criminal action

 The institution of an independent civil action does not deprive the offended party
of the right to intervene in the prosecution of the offense
Basis: Rule 111: When the criminal action is instituted, the civil action for the
recovery of the civil liability arising from the offense charged is deemed
instituted in the criminal action—Therefore, independent civil actions which are
considered as separate and distinct from the civil liability arising from the offense
charge, may proceed independently from the criminal actions.

5. SUFFICIENCY OF THE COMPLAINT OR

INFORMATION:
 The complaint or information is sufficient if it states:
a. Designation of the offense given by the statute
b. Acts or omissions complained of constituting the offense
c. Date of the commission of the offense
d. Name of the accused
e. Place of the commission of the offense
f. Name of the offended party

6. DESIGNATION OF THE OFFENSE:

The complaint or information shall state the:
(a.) Designation of the offense given by the statute, if there is no designation of the
offense, reference must be made to the section or subsection punishing it
(b.)Aver the acts or omissions constituting the offense
(c.) Specify the qualifying or aggravating circumstances

 Failure to designate the offense given by the statue or to mention the provision of
the law violated does not vitiate the information if the facts alleged therein recite
the facts constituting the crime charged

 The qualifying and aggravating circumstances must be stated for the imposition of
the proper penalty—Failure to do so, the accused cannot be convicted of a crime
that carries with it a higher penalty than what is alleged in the information (There
is a violation of the right of the accused to be informed of the nature and cause of
accusations against him)

7. CAUSE OF THE ACCUSATION:

The acts or omissions complained of constituting the offense and the qualifying and
aggravating circumstances must be stated in an ordinary and concise language to enable a
person of common understanding to know the offense being charged as well as the
qualifying and aggravating circumstances for the court to pronounce its judgment.

NOTA BENE:
 The acts or omissions constituting the offense must be alleged in the information.
  Any variance in the facts alleged in the information and the proof adduced during
the trial is fatal to the criminal action if it is prejudicial to the substantial rights of
the accused

 The acts or omissions complained of constituting the offense must be stated in an

ordinary and concise language so as to enable a person of common understanding
to know the offense being charged. The information must allege clearly and
accurately the elements of the crime charged to enable the accused to know the
charges against him and for him to properly prepare for his defense.

 Qualifying circumstances must be alleged and proved for the imposition of a

graver penalty (In cases of rape, both minority and relationship must be alleged
and proved to qualify the crime of rape and to impose a graver penalty)

8. DUPLICITY OF THE OFFENSE:

The complaint or information must charge only one offense except when the law
provides for a single punishment for various offenses
NOTA BENE:
 If the complaint or information charge more than one offense, a timely objection
must be made. Failure to do so, the court may convict the accused of as many
offenses as are charged and proved and impose upon the accuse the penalty for
each offense

9. AMENDMENT OR SUBSTITUTION OF THE

COMPLAINT OR INFORMATION:

A. Before plea:
 Amendment may be made as to form or substance
 May be made without leave of court

NOTA BENE:
If the amendment before plea downgrades the nature of the offense charged or
excludes any of the accused from the complaint or information:
 The amendment may be allowed provided:
It is upon motion by the prosecution
With notice to the offended party
With leave of court
 The court shall state its reasons for resolving the motion of the prosecutor and
copies of its order shall be furnished to all the parties especially the offended
party

B. After Plea and during trial:

Only a formal amendment may be made
With leave of court
Provided that it can be done without causing prejudice to the rights of the
accused

NOTA BENE:
 Test to determine if the amendment is a formal amendment or a substantial
amendment:

Whether the defense in the information as it originally stood would be

applicable after the amendment is made and whether the evidence which the
accused may have in the information would also be equally applicable after
the amendment is made:

If yes, it is a formal amendment

If no, it is a substantial amendment

 An amendment which does not change the nature or essence of the offense
charged or does not alter the theory of the prosecution is a mere formal
amendment

C. Substitution of the complaint or information:

If it appears at any time before judgment that a mistake has been made in
charging the proper offense, the court shall dismiss the original complaint or
information upon the filing of a new one charging the proper offense provided the
accused will not be placed in double jeopardy

NOTA BENE:
 Amendment vs. Substitution:
 Amendment Substitution
May refer to formal or substantial changes Substantial changes
May be made without leave of court if the Requires prior leave of court
amendment is made before the accused enters
his plea
If the amendment is only formal, there is no Requires the retaking of a new PI and plea
need to retake a new PI and plea
The offense charged in the original complaint Presupposes that there is change in the
or information is the same as that in the offense charged
amended complaint or information

RULE 112: PRELIMINARY INVESTIGATION:

1. NATURE OF THE RIGHT TO PRELIMINARY

INVESTIGATION:
The right to preliminary investigation is not a constitutional right but only of statutory character
and may be invoked only when expressly created by a statute.

The right to preliminary investigation, even if only a statutory right, becomes a component of
due process—Denial of the right to preliminary investigation is a denial of the right to due
process

NOTA BENE:
DOJ is not considered as a quasi-judicial body and its decisions are not appealable to the CA
under Rule 43.
(Basis: Quasi-judicial bodies are organs of the government other than the court or the legislature,
whose decisions affect the rights of the private parties and their decisions have the same effect of
the judgment of a court, thus, such is not the case when a public prosecutor conducts a PI to
determine whether there is probable cause to file an information against a person charged with a
criminal offense)
2. PURPOSE OF PRELIMINARY INVESTIGATION:
Preliminary investigation is an inquiry or a proceeding, the purpose of which is to
determine whether there is sufficient ground to engender a well-founded belief that:

a) A crime has been committed and that the respondent is probably guilty thereof
b) That the respondent should be held for trial
NOTA BENE:
 In the conduct of PI, the prosecutor merely determines the existence of
probable cause as to whether a crime has been committed and that the
respondent is probably guilty thereof. It requires more than bare suspicion but
less than that required to justify a conviction
 In the conduct of PI, it does not require that the accusations or defense be
valid nor the evidence be admissible since they are better ventilated during the
trial of the case

3. WHO MAY CONDUCT DETERMINATION OF THE

EXISTENCE OF PROBABLE CAUSE; EXECUTIVE VS.
JUDICIAL DETERMINATION OF PROBABLE CAUSE:
The following may conduct the determination of existence of probable cause:
Provincial and City Prosecutors and their assistants
National and Regional State Prosecutors
Other officers authorized by law
Preliminary Investigation:
Conducted by the public prosecutor to determine whether there is sufficient ground to
engender a well-founded belief that a crime has been committed and that the respondent
is probably guilty thereof and should be held for trial
Executive in nature

Preliminary Examination:
Conducted by the judge to determine probable cause for the issuance of a warrant of
arrest
Judicial in nature

NOTA BENE:
 Probable Cause in Preliminary Investigation:
Such facts and circumstances that would lead a person of ordinary caution and
prudence to entertain an honest and strong suspicion that the person charged is
probably guilty of the crime subject of the investigation

It does not require absolute certainty but only that which is more than bare
suspicion but less than evidence as to justify a conviction

Probable cause implies only probability of guilt—That the person charged is

probably guilty of the offense charged

EXECUTIVE DETERMINATION OF JUDICIAL DETERMINATION OF

PROBABLE CAUSE PROBABLE CAUSE
Made during preliminary investigation Conducted by the judge
Conducted by the prosecutor The purpose of which is to determine
whether a WOA should be issued against
the accused and that there is a necessity
to place him or her under custody in order
not to frustrate the ends of justice
The purpose of which is to determine
whether a crime has been committed and
that the person charged is probably guilty
thereof

Probable cause in Preliminary Probable Cause for the issuance of a

Investigation WOA
Such facts and circumstances that would Such facts and circumstances that would
lead a person of ordinary caution and lead a person of ordinary prudence and
prudence to an honest and strong caution to believe that the offense was
suspicion that the person charged is committed by the person sought to be
 probably guilty of the crime subject of arrested.
the investigation.

4. RESOLUTION OF THE INVESTIGATING PROSECUTOR

AND ITS REVIEW:

A. Resolution of the investigating prosecutor:

1. If the investigating prosecutor finds cause to hold the respondent for trial, the
investigating prosecutor shall prepare his resolution and information
2. The investigating prosecutor shall certify under oath the he, an authorized officer had:
a) Personally examined the complainant and his witnesses
b) That there is sufficient ground to engender a well-founded belief that a crime
has been committed
c) That the accused is probably guilty thereof
d) That the accused was informed of the complaint and the evidence submitted
against him
e) That the accused was given the opportunity to submit controverting evidence
3. Otherwise, the investigating prosecutor shall recommend the dismissal of the
complaint.

4. Within 5 days from his or her resolution, the investigating prosecutor shall forward
the records of the case to the Provincial or City Prosecutor or the Chief State
Prosecutor or the Ombudsman or his deputy (In cases cognizable by the
Sandiganbayan in the exercise of its original jurisdiction).

5. The Provincial or City Prosecutor or the Chief State Prosecutor or the Ombudsman or
his deputy shall act on the resolution within 10 days from receipt thereof and shall
inform the parties of such action.

6. No complaint or information shall be filed or dismissed by the investigating

prosecutor without the prior written authority or approval of the Provincial or City
Prosecutor or the Chief State Prosecutor or the Ombudsman or his deputy.

7. Disapproval by the Provincial or City Prosecutor or the Chief State Prosecutor or the
Ombudsman or his deputy of the order of dismissal of the case by the investigating
prosecutor:
 Ground for reversal: A probable cause exists
Remedy of the Provincial or City Prosecutor or the Chief State Prosecutor or the
Ombudsman or his deputy:
a) By himself, file the information against the respondent
b) Direct another assistant or state prosecutor to file the information without
conducting another PI
B. Review of the resolution of the Provincial or City Prosecutor or Chief State Prosecutor:
If upon a proper petition or motu proprio, the Sec of DOJ reverses or modifies the
resolution of the Provincial or City Prosecutor or Chief State Prosecutor, the DOJ Sec
shall direct the prosecutor concerned either to:

a) File the corresponding information without conducting another PI

b) Order the dismissal of the complaint or information with notice to the parties
NOTA BENE:
 Absence of the certification of PI does not vitiate the information since the
certification is not an essential part of the information\

 Reason for forwarding the records of the case within 5 days from the resolution of
the investigating prosecutor: No complaint or information shall be filed or
dismissed without the prior written authority or approval of the Provincial or City
Prosecutor or the Chief State Prosecutor or the Ombudsman or his deputy

 Under the present rule, the party aggrieved by the resolution may:

File an MR within 15 days from the receipt of the assailed resolution

In case the MR is denied, to appeal the assailed resolution to the Sec of DOJ
within 15 days from the receipt of the denial of the MR

 Appeal to the Sec of DOJ:

The appeal is made by filing a petition for review which must be verified and
copies of the petition for review must be given to the adverse party and the
prosecution office issuing the assailed resolution

The appeal does not suspend the filing of the corresponding information in court
based on the findings of probable cause as stated in the assailed resolution

The party filing the petition for review may file a motion for the suspension of
arraignment pursuant to Rule 116: The arraignment shall be suspended while the
petition for review of the resolution of the prosecutor is pending
 If the petition for review is filed after the arraignment of the accused: The petition
shall be given due course and does not bar the Sec of DOJ from exercising his
power of review

 Assailing the resolution of the DOJ Sec:

File a petition for review on certiorari under Rule 65
DOJ Sec’s decision is not appealable via petition for review to the CA under Rule
43 since DOJ is not among those listed under Rule 43 that may file a petition for
review to the CA under Rule 43

Ground: When the DOJ Sec in arriving in his decision acted with grave abuse of
discretion amounting to excess or lack of jurisdiction

Gen. Rule: The Court will not interfere in the conduct of PI. The investigating
prosecutor is given a wide latitude of discretion in determining the existence of
probable cause

Exception: When there is grave abuse of discretion amounting to lack or excess of

jurisdiction

Petition for certiorari under Rule 65 on the conduct of the prosecutor in

determining the existence of probable cause is the proper remedy

 Appeal to the decision, order or resolution of the DOJ Sec in the conduct of PI in
criminal cases may be brought to the President, provided:

a) The offense is punishable by Reclusion Perpetua to death

b) New and material issues were not presented to the DOJ and were not ruled
upon
c) The prescription of the offense is not due within 6 months from notice of
the assailed resolution
d) The petition for review is filed within 3 days from notice

5. WHEN WARRANT OF ARREST MAY ISSUE:

a) Within 10 days from the filing of the complaint or information, the judge shall
personally evaluate the resolution of the investigating prosecutor and its
supporting evidence
 If the evidence on record fails to establish probable cause: The judge shall order
the dismissal of the complaint or information
 If there is doubt as to the existence of probable cause, the judge may order the
investigating prosecutor to submit additional evidence within 5 days from notice
  If the judge finds probable cause: The judge shall issue a WOA or commitment
order if the accused is already arrested
 The issue must be resolved within days from the filing of the complaint or
information

6. CASES NOT REQUIRING PRELIMINARY

INVESTIGATION:
A. If the complaint is filed directly with the prosecutor for offenses punishable by
imprisonment of less than 4 years, 2 months and 1 day, the complaint shall:

1. State the address of the respondent

2. 2 copies each for each of the respondent plus 2 copies for official file of:
Affidavits of the complainants and his or her witnesses
Other supporting documents
3. Subscribed and sworn to before any prosecutor, officer authorized to administer oaths
or notary public and stating that he or she personally examined the affiants and that
they voluntarily executed and understood their affidavits
The prosecutor shall act on the complaint within 10 days from its filing

B. The complaint or information is directly filed with the MTC or MCTC:

(i) If within 10 days from the filing of the complaint or information, the judge finds no
probable cause after personally evaluating the evidence or personally examining the
complainant and his or her witnesses in writing and under oath in the form of
searching questions and answers, he shall dismiss the case
 The judge may require the prosecutor to submit additional evidence to determine the
existence of probable cause within 10 days from notice. If after the expiration of the
period or after the submission of such additional evidence the judge still finds no
probable cause, he shall dismiss the complaint or information

(ii) If the judge finds probable cause, he shall issue a WOA or commitment order, if the
accused is already arrested
 The judge may issue summons instead of a WOA if there is no necessity of placing
the accused under custody

 When PI is not required even if the offense requires PI:

When the accused in lawfully arrested without warrant for an offense where PI is
necessary: PI is not required. Inquest proceedings is proper.
7. REMEDIES OF THE ACCUSED IF THERE IS NO
PRELIMINARY INVESTIGATION:
 If the accused is lawfully arrested without a warrant for an offense requiring PI:
a. The complaint or information may be filed by the prosecutor without the need for
PI provided that an inquest has been conducted
b. In case of absence of inquest prosecutor, the complaint may be filed in the proper
court by the offended party or the peace officer on the basis of affidavit of such
offended party or peace officer

 The person lawfully arrested without a warrant may ask for a PI be conducted
Must be made before the filing of the complaint or information
Must sign the waiver of the provisions of Art 125 of the RPC (Failure to deliver a person
arrested to the judicial authorities). The waiver must be signed by the accused in the
presence of a counsel
The application for PI does not bar the person arrested from applying for bail
The PI must be terminated within 15 days from inception

After the filing of the complaint or investigation, the person arrested may ask for the
conduct of PI within 5 days from the time he or she learns of the filing and shall have the
right to adduce evidence in his or her defense

NOTA BENE:
The person lawfully arrested without warrant may ask for the conduct of PI and does not
preclude him or her from applying for bail.

The application for bail must be made with the court having jurisdiction of the place
where he is arrested

 The accused may question the legality or the absence of the PI before he enters his plea
but not at the start of the trial
 Motion to quash is not the proper remedy in case of absence of PI: Absence of PI is not a
ground for a motion to quash
 Absence of PI does not divest of its jurisdiction over the case nor it renders the
information defective

8. INQUEST PROCEEDINGS:
Conducted when a person is lawfully arrested without warrant for an offense requiring PI
  Purpose: To determine whether the person arrested should remain under custody and
be charged in court
 Determine if the person is lawfully arrested in accordance with the provisions of Rule
113, Sec 5 (Lawful warrantless arrests). If the arrest is not in accordance with the
provisions of the ROC, the inquest prosecutor shall order the release of the detained
person.
 If the inquest prosecutor finds probable cause, he shall prepare the information and
file the same in court. If there is no probable cause, he shall order the release of the
detained person
NOTA BENE:
 The conduct of the inquest must pertain to the offense for which the arrest was made.
RULE 113: ARREST

1. ARREST; DEFINITION; HOW MADE:

A. Arrest: It is the taking of a person into custody in order that he or she may be bound
to answer for the commission of an offense

B. How arrest is made:

 By actual restrain of the person to be arrested

 By his or her voluntary submission to the custody of the person making the arrest
No violence or unnecessary force shall be used in making the arrest
The person arrested shall not subjected to a greater restrain than that is necessary for his
detention

NOTA BENE:
In cases where a crime has already been committed, the arrest must be:
a. Based on a probable cause
b. That the person making the arrest has personal knowledge of the facts and
circumstances that the person arrested has committed the offense

2. ARREST WITHOUT WARRANT; WHEN LAWFUL:

A peace officer or a private person (arresting person) may arrest a person without warrant:
i. If in his or her presence, the person to be arrested has committed, is actually
committing or attempting to commit an offense (In flagrante exception)

ii. If an offense has just been committed and the person making the arrest has probable
cause to believe based on personal knowledge of facts and circumstances that the
person to be arrested has committed it (hot pursuit exception)

iii. If the person to be arrested is a prisoner who has escaped:

 A penal establishment or in a place where he is serving his final judgment or where
he is temporarily confined while his case is pending
While being transferred from one penal establishment to another.

Addendum to the grounds for effecting a lawful warrantless arrest:

iv. A person previously lawfully arrested who escapes or is rescued may be pursued or
retaken by any person without warrant at any time and which may be in any place
within the Philippines

v. A bondsman may arrest an accused for the purpose of surrendering him to the court.
Also, a person released on bail may be re-arrested without warrant if he attempts to
depart from the Philippines without permission from the court where his case is
pending

NOTA BENE:

1. In flagrante delicto arrest:

When in the presence of the person making the arrest, the person to be arrested
has just committed, is actually committing or is attempting to commit an offense

Requisites to justify an in flagrante delicto arrest:

i. That the person to be arrested must perform an overt act indicating that an
offense has just been committed, is actually committing or is attempting
to commit an offense

ii. That the overt act must be done in the presence of the person making the
arrest

 To effect a valid warrantless arrest under the in flagrante delicto

exception:

a. the person to be arrested must be performing an overt act indicating that that
he or she has just committed an offense, is actually committing or is
attempting to commit
 b. That the person making the arrest must have personal knowledge that an
offense has just been committed by the person to be arrested or the latter is
actually committing or attempting to commit an offense (That the overt act
constituting the offense was done in his presence)

 Reliable information alone, without any overt act indicating that an

offense has just been committed in the presence or within the view of the
arresting officers is not sufficient to constitute probable cause to justify an
in flagrante delicto arrest

 Failure to comply with the requisites to justify a warrantless arrest under the in
flagrante delicto exception: The arrest is deemed invalid and the search incidental
thereto is also deemed invalid or illegal

2. Hot pursuit exception:

When an offense has just been committed and the person making the arrest has
probable cause to believe that based on personal knowledge of facts and
circumstance that the person to be arrested has committed it.

Requisites to justify warrantless arrest under the hot pursuit exception:

a. That an offense has JUST BEEN COMMITTED
b. That the person making the arrest has probable cause to believe based on
personal knowledge of the facts and circumstances that the person to be
arrested has committed it
 That the probable cause must be based on personal knowledge of facts and
circumstances: That there must be actual belief or reasonable grounds of
suspicion that the person to be arrested has committed the offense

3. METHOD OF ARREST:
A. By an officer by virtue of a warrant:
The officer shall inform the person to be arrested of the cause of his arrest and the fact
that a warrant has been issued for his arrest

Exception:
When the person to be arrested flees, forcibly resists the arrest or the giving of such
information would imperil the arrest
  The officer making the arrest need not be in possession of the WOA at the time of
his arrest but after the after the arrest, when the person arrested so requires, the
WOA shall be shown to him as soon as practicable
B. By an officer without a warrant:
The officer making the arrest shall inform the person to be arrested of his authority and
cause of his arrest

Exception: When the person to be arrested is engaged in the commission of an offense, is

immediately pursued after its commission, escapes, flees, forcibly resists before the
officer had the opportunity to inform him or when the giving of such information would
imperil the arrest

C. By a private person:
The person making the arrest shall inform the person to be arrested of his intention to
arrest and the cause of the arrest

Exception: When the person to be arrested in engaged in the commission of an offense, is

immediately pursued after its commission, escapes, flees, forcibly resists before the
person making the arrest had the opportunity to do so or when the giving of such
information would imperil the arrest

Arrest by virtue of a Arrest without a warrant Arrest by a private person

warrant
The officer making the The officer making the The person making the
arrest shall inform the arrest shall inform the arrest shall inform the
person to be arrested of person to be arrested of person to be arrested of
the: the: the:
Cause of the arrest Cause of the arrest Cause of the arrest
Fact that that a warrant was His authority to make the The intention to make the
issued for his arrest arrest arrest
The giving of the The giving of the The giving of the
information by the person information by the person information by the person
making the arrest as to the making the arrest as to the making the arrest as to the
cause of the arrest and the cause of the arrest and his cause of the arrest and his
fact that a warrant has been or her authority to make intention to do so against
issued against the person to the arrest against the the person to be arrested if
be arrested may not be person to be arrested if the the latter:
made if the latter: latter: Is engaged in the
Flees Is engaged in the commission of an offense
Escapes commission of an offense or immediately pursued
Forcibly resists the arrest or immediately pursued after its commission
before the officer making after its commission Escapes
the arrest had the Escapes Flees
opportunity to do so Flees Forcibly resists the arrest
When the giving of such Forcibly resists the arrest before the officer making
information would imperil before the officer making the arrest had the
the arrest the arrest had the opportunity to do so
opportunity to do so When the giving of such
When the giving of such information would imperil
information would imperil the arrest
the arrest

 The head of office to whom the WOA was delivered for its execution shall cause
the warrant to be executed within 10 days from its receipt
 Within 10 days after the expiration of the period (10 day period for the execution
of the warrant), the officer to whom the WOA was assigned shall make a report to
the judge who issued the warrant. In case of failure for its execution, he shall state
the reasons therefor.

4. REQUISITES FOR THE ISSUANCE OF A VALID

WARRANT OF ARREST:
No WOA or SW shall issue except:
Upon a probable cause
To be determined personally by the judge
After examination under oath or affirmation of the complainant and the witnesses he
may produce
Specifying the place to be searched or the persons or things to be seized

NOTA BENE:
1. Probable cause for the issuance of a WOA: The existence of the facts and
circumstances that would lead reasonably discreet and prudent person to believe
that a crime has been committed and that the person sought to be arrested has
committed it

2. The judge is not required to personally examine the complainant and his or her
witnesses in the determination of the existence of probable cause for the issuance
of a WOA.
The judge may also:
 Evaluate the report and supporting documents submitted by the prosecutor as to
the existence of probable cause
If the judge still finds no probable cause, he may disregard the report submitted
by the prosecutor and may require the submission of affidavits of witnesses in
support of determining the existence of probable cause for the issuance of WOA.

 The personal examination of the complainant and his or her witnesses to

determine the existence of probable cause for the issuance of warrant of
arrest is NOT MANDATORY AND INDISPENSABLE.
Also, the judge should not only rely on the report and supporting
documents submitted by the prosecutor but should also evaluate the
affidavits submitted by the parties, including the counter affidavits of the
accused as well as the TSN’s to the case to determine the existence of
probable cause or lack thereof for the issuance of warrant of arrest

5. DETERMINATION OF PROBABLE CAUSE FOR THE

ISSUANCE OF A WARRANT OF ARREST:

NOTA BENE:
1. Judicial determination of probable cause:
Conducted by the judge for the purpose of issuance of WOA

Probable cause for the issuance of WOA: Such facts and circumstances that
would lead a reasonably discreet and prudent person that a crime has been
committed and that the person sought to be arrested has committed it

PRELIMINARY INQUIRY PRELIMINARY INVESTIGATION

(EXAMINATION) FOR THE FOR THE DETERMINATION OF
DETERMINATION OF PROBABLE CAUSE:
PROBABLE CAUSE
Judicial in nature Executive in nature
Conducted by the judge Conducted by the Prosecutor
Probable cause refers to such facts Probable cause refers to such facts
and circumstances that would lead a and circumstances that would lead a
reasonably discreet and prudent reasonably discreet and prudent
person to believe that a crime has person to believe that a crime has
 been committed and that the person been committed and that the
sought to be arrested committed it respondent is probably guilty thereof
and should be held for trial
The purpose of which is to The purpose of which is to
determine the existence of probable determine probable cause whether
cause for the issuance of a WOA crime has been committed by the
respondent and that he or she is
probably guilty thereof and should
be held for trial

RULE 126: SEARCHES AND SEIZURES:

1. NATURE OF SEARCH WARRANT:

It is an order in writing, in the name of the People of the Philippines
and signed by the judge directed to a peace officer and commanding
him to search for a personal property described therein and bring it
before the court.

NOTA BENE:

1. Search Warrant is a criminal process applicable only to cases of

public prosecutions and the issuance thereof is vested exclusively
to the trial judge

 Constitutional provision:
The right of the people to be secure in their persons, houses, papers and
effects against unreasonable searches and seizures of whatever nature
and for any purpose shall be inviolable.
No WOA or SW shall issue except upon a probable cause to be
determined personally by the judge after an examination under oath or
affirmation of the complainant and his witnesses he may produce
particularly describing therein the place to be searched and persons and
things to be seized

Any evidence obtained in violation of the above-mentioned section shall

be inadmissible for any purpose and in any proceeding
2. WARRANT OF ARREST VS. SEARCH
WARRANT:
Warrant of Arrest Search Warrant
Involves the seizure of a Covers a wider spectrum on
person. The person is taken the search of persons and
into custody places and the seizure of things
found therein
An arrest does not follow a A search follows an arrest
search provided that the arrest is
lawful
Probable cause for the issuance Probable cause for the issuance
of WOA refers to such facts of a SW refers to such facts
and circumstances that would and circumstances that would
lead a reasonably discreet and lead a person to believe that a
prudent person to believe that a particular thing in connection
crime has been committed and with a crime is found in a
the person sought to be particular location
arrested committed it
Does not necessarily require Requires the judge to
that the judge should conduct a personally examine the
personal examination of the complainant and the witnesses
complainant and the witnesses he may produce for the
he may produce to determined determination of the existence
the existence of probable cause of probable cause for the
for the issuance of a WOA issuance of SW

The judge may resort to the

reports and supporting
documents of the Prosecutor as
to the finding of the existence
of probable cause or to the
affidavits and other supporting
documents of the parties to the
case including the counter
affidavit of the accused and
TSN to determine the
existence or non-existence of
probable cause for the issuance
of a WOA
May be effected at any time May be effected only during
and on any day daytime except when the SW
provides that it may be
effected at any time of day and
on any day
 3. WHERE TO FILE THE APPLICATION FOR
SEARCH WARRANT:
Gen. Rule:
In the court within whose territorial jurisdiction the crime was
committed

Exception:
1. In any court within the judicial region where the crime was committed if
the place of the commission of the crime is known

2. In any court within the judicial region where the search warrant is to be
enforced

 If the criminal action is already filed in court, the application for SW shall
be made with the court where the case is pending

NOTA BENE:
1. Application for SW involving heinous crimes, illegal gambling,
illegal possession of firearms and illegal possession of dangerous
drugs:

The application for SW may be filed with the RTC of Manila and
QC and the SW may be served even in places outside the territorial
jurisdiction of said courts

4. PROBABLE CAUSE FOR THE ISSUANCE

OF SEARCH WARRANT:

Requisites for the issuance of search

warrant:

a. The probable cause must be in

connection with one specific offense
b. The determination of probable cause
must be made by the judge
personally
 c. The determination of probable cause
must be made upon examination
under oath or affirmation of the
complainant or the witnesses he may
produce
d. The search warrant must specifically
describe the place to be searched and
things to be seized which may be
anywhere in the Philippines

Probable cause in relation to SW:

Such facts and circumstances that would lead a reasonably discreet and prudent
person to believe that a crime has been committed and that the property in
connection with the crime is in the place sought to be searched.

 The complainant must have personal knowledge of the facts and

circumstances which constitute the offense and the court must ascertain
whether an offenses exists to justify the issuance of SW

Probable cause to search Probable cause to arrest

Such facts and circumstances that Such facts and circumstances that
would lead a reasonably discreet would lead a reasonably discreet
and prudent person to believe that and prudent person to believe that
the object in connection with the a crime has been committed and
crime is in the place to be that the person to be arrested had
searched committed it

5. PERSONAL EXAMINATION BY THE

JUDGE OF THE APPLICANT AND
WITNESSES:
Before issuing the SW, the judge must:
1. Personally examine the complainant and his witnesses in the
form of searching Q and A as to the facts personally known to
them
2. Attach to the records their sworn statements and affidavits
NOTA BENE:
 Procedure for the examination of the complainant and his witnesses
1. The examination must be made personally by the judge
2. The examination must be in the form of searching question and answers
3. The complainant and his witnesses must be examined as to the facts
personally known to them
4. The statements made by the complainant and his witnesses must be in
writing and under oath
5. The judge must attach to the records the sworn statements and affidavits of
the complainant and his witnesses

6. PARTICULARITY OF THE PLACE TO BE

SEARCHED AND THINGS TO BE SEIZED:

A. Particular description of the place to be searched:

The requirement that the SW must particularly describe the place to be searched is
satisfied if the place can be ascertained and identified by the officer with the warrant
using reasonable effort and can be distinguished from other places in the community

NOTA BENE:
The SW is valid despite error in the statement of the place to be searched as long as the
person against whom the warrant is issued is identified with reasonable certainty

B. Particular person to be searched:

Test to determine the legality of the warrant against whom it is issued:
If the person is described with such particularity as to sufficiently identify him with
reasonable certainty
The warrant is valid even if there is error in stating his or her name as long as the person
can be described particularly sufficient to identify him or her with reasonable certainty

C. Particular description of the items to be seized:

Purpose of particularly describing the things to be seized: To prevent general exploratory

searches and to prevent interference with a person’s right to privacy

General warrants: Warrants which do not comply with the required particularity of the
things to be seized
 7. PERSONAL PROPERTY TO BE SEIZED:
Property subject of the search warrant refers to personal property.
Personal property subject of the search warrant may be searched and seized
and refers to:
i. Property subject of the offense
ii. Property stolen or embezzled or property which are the
proceeds or fruit of the offense
iii. Property used or intended to be used in committing an
offense
NOTA BENE:
Only personal property described in the search warrant may be seized

8. EXCEPTIONS TO THE SEARCH WARRANT

REQUIREMENT:
Gen. Rule: Searches and the consequent seizure must be carried out with a judicial warrant
(If the search and seizure is without warrant, it becomes unreasonable and any evidence obtained
therefrom is inadmissible for any purpose in any proceeding)

Exceptions:
A. Search incidental to a lawful arrest:
A person lawfully arrested may be searched for dangerous weapons and anything which
may be used or would constitute as proof for the commission of an offense without
warrant

NOTA BENE:
1. That the person was previously lawfully arrested (That the person was arrested by
virtue of a warrant or by a valid warrantless arrest)
2. The arrest must precede the search. If the arrest is not lawful or valid, there can be no
valid search
3. Scope of allowable search incidental to a lawful arrest:
a) For any dangerous weapon
b) For anything that may be used in the commission of an offense
c) For anything that would be used as proof of the commission of an offense
d) For anything within the area of immediate control of the person lawfully arrested

B. Search of moving vehicle:

 Rationale for the exception to the requirement of a search warrant prior to the conduct
of search: It is not practical to secure a warrant since the vehicle may quickly move out
of the locality or territorial jurisdiction of the place where the warrant is sought to be
enforced

NOTA BENE:
1. To justify a warrantless search of a vehicle subjected an extensive search, the officer
conducting the search must have probable cause to believe prior to the search that the
instrumentality or evidence in connection with the crime is in the vehicle to be
searched

C. Consented search:
To be valid, the search must be given voluntarily and that the consent to be searched must
be proved by clear and convincing evidence

D. Check points:
1. Checkpoints are valid as long as neither the vehicle nor the body of its occupants are
searched and the inspection in limited only to a visual search and thus cannot be
regarded as violative of a person’s right against unreasonable searches.

2. Checkpoints conducted in the exigency of public order and conducted in the least
intrusive way to the motorists are permissible

E. Plain view situation:

Objects falling in the plain view of the officer who has the right to be in the position to
have that view are subject to seizure and may be used in evidence

Requisites:
a) That the law enforcement officer in search of evidence has prior justification for
the intrusion or that he is in the position from which he can view a particular area
b) That the discovery of the items in plain view is inadvertent
c) That it is immediately apparent for the officer that the items observed may be
used in evidence or may be subjected to seizure
NOTA BENE:
1. It is necessary that the officer must have probable cause to believe that the seized
evidence is an object of the crime
2. To justify the validity of the plain view rule, the officer must not have known in advance
the location of the evidence and that its discovery is not anticipated
 F. Stop and Frisk Situation (Terry Doctrine)
To justify the validity of the stop and frisk rule:
a) There must be a valid stop: That the law enforcement officer must have
reasonable belief that a crime has been committed or that a crime is about to be
committed
b) That there must be a valid frisk:
That there must be reasonable belief that the person stopped is carrying a weapon
that could be used against the law enforcement officer
NOTA BENE:
 To effect a valid stop, the law enforcement officer must have reasonable belief in the
light of experience and circumstances that a crime has been committed or is about to be
committed
 To effect a valid frisk, the search must only be a surface search of the outer clothing of
the person stopped to check if he or she is armed with a dangerous weapon which may be
used against the law enforcement officer
 In stop and frisk situation, it only requires that the law enforcement officer has reasonable
belief (genuine ground) to believe that a crime has been or is attempted to be committed
and that the person stopped has deadly weapons that may be used against the law
enforcement officer. It does not require probable cause but only reasonable belief or
genuine reason

SEARCH INCIDENTAL TO A STOP AND FRISK

LAWFUL ARREST
Requires probable cause Does not require probable cause but only
reasonable belief
There is full scale arrest. A person is taken Short of a full scale arrest. Limited only
under the custody of the arresting officer to a valid stop and followed by a valid
frisk which is limited only to the outer
surface of the clothing of a person
Used in search of evidence which may be The purpose is to search for any deadly
used or may constitute as proof of the weapon that may be used against the law
commission of the crime enforcement officer

9. REMEDIES FROM UNLAWFUL SEARCH AND SEIZURE:

File a Motion to quash the warrant and/or to suppress the evidence obtained
The motion to quash the search warrant and/or to suppress the evidence obtained may filed in
and acted upon only by the court where the criminal action has been instituted
 If no criminal action has been filed, the motion may be filed with the court which issued
the search warrant
NOTA BENE:
1. Who may assail the issuance of a search warrant: The party whose rights have been
prejudiced by the issuance of the SW. Objection to an unlawful search and seizure is
personal and may not be invoked by third parties
2. Proper remedy to avail if there is unwarranted quashal of a SW: Petition for review on
certiorari (Rule 65)

RULE 114: BAIL

1. NATURE, MEANING AND PURPOSE OF BAIL:

A. Meaning of Bail: It is the security given for the release of a person under custody,
given by him or by a bondsman, to guarantee his appearance before any court
Bail may be given in the form of corporate surety, property bond, cash deposit or
recognizance
Purpose of bail: To guarantee the appearance of a person before any court when so
required

Nature of bail: It is a constitutional right and is personal and thus waivable

B. Provisions on the right to bail:

1. Constitution:
Gen. Rule: All persons shall, before conviction, be bailable by sufficient
sureties or released on recognizance
 Exception: Except those charged with offenses punishable by Reclusion
Perpetua when evidence of guilt is strong

 The right to bail shall not be impaired even when the privilege of the writ of
habeas corpus is suspended
 Excessive bail shall not be required

2. ROC:
No person charged with a capital offense or of an offense punishable by
Reclusion Perpetua or Life Imprisonment shall be admitted to bail when
evidence of guilt is strong regardless of the stage of the criminal action

NOTA BENE:
1. The grant or denial of bail is dependent whether or not the evidence of guilt is strong.
The right to bail is denied if according to the facts and circumstances of the case, that
a crime has been committed, that the accused is probably guilty thereof and that the
capital punishment will be meted if the law is administered

“When evidence of guilt is strong” – Does not require proof beyond reasonable doubt
but only great presumption of guilt

2. The right to bail does not extend to the military

3. Right to bail in extradition proceedings:

The right to bail in extradition cases may be granted if the potential extraditee
a) Has shown by clear and convincing evidence that he or she is not a potential
flight risk or does not pose any danger to the community
b) That there exists humanitarian, special and compelling reasons or
circumstances as to be allowed to bail

4. Right to bail in deportation cases:

The right to bail in deportation cases rests on the discretion of the Commissioner of
the Bureau of Immigration

Basis: An alien under arrest in a deportation proceeding may be released on bond or

upon any condition imposed by the Commissioner of Immigration
 The right to bail in deportation proceedings is not a criminal action and thus the
constitutional guarantee of the right to bail cannot be invoked by an alien in a
deportation proceeding
5. Applicant for bail must be under custody:
Custody of the law is required before the court may act on the application for bail but
such requirement is not required for the adjudication of other reliefs sought by the
defendant

A person is deemed to be under the custody of the law when he is arrested either by
virtue of a warrant or by a lawful warrantless arrest or when he voluntarily submitted
his person to the jurisdiction of the court (voluntary appearance)

6. Bail to guarantee the appearance of the material witness:

Bail required to secure the appearance of a material witness is an exception to the rule
requiring that a person may only post bail if under the custody of the law

If a material witness does not testify when required, the court may order such witness
to post bail as it may deem proper and if such witness refuses to post bail, the court
shall order his commitment in prison until he complies or is legally discharged after
he has taken his testimony

7. A person under custody of the law but not yet charged may apply for bail in the court
of the province, city or municipality where he is being held
8. Arraignment is not a condition sine qua non for the grant of bail. Bail must be granted
prior to the arraignment

Basis for grant of bail even before arraignment: The accused is entitled to the right to
bail as soon as the person is deprived of liberty either by arrest or voluntary surrender

2. BAIL; WHEN A MATTER OF RIGHT; EXCEPTIONS:

A person under custody shall be admitted to bail as a matter of right with sufficient
sureties or released on recognizance:

a. Before or after conviction by MTC, MCTC, MTCC or METC

b. Before conviction by the RTC for an offense not punishable by Reclusion Perpetua,
Death or Life Imprisonment
NOTA BENE:
 1. In cases where bail is a matter of right and the accused has a high probability of
absconding—The remedy is to increase the amount of bail to ensure the attendance of the
accused and not to cancel the same

2. Right to bail is not a matter of right when a person is charged with a capital offense or
when the penalty for the offense is Reclusion Perpetua or Life Imprisonment

3. Remedy if the petition for bail as a matter of right is denied: Petition for certiorari under
Rule 65 on ground of grave abuse of discretion amounting to lack or excess of
jurisdiction

3. WHEN BAIL IS A MATTER OF DISCRETION:

After conviction by the RTC for an offense NOT punishable by death, Reclusion
Perpetua or death, admission to bail is discretionary

The application for bail may be filed and acted upon by the trial court despite the filing of
the NOA provided that it has not transmitted the original records to the appellate court
 If the decision of the trial court changed the nature of the offense from non
bailable to bailable, the application for bail may only be filed and acted upon by
the appellate court

 If the application for bail is granted, the accused may be allowed to continue on
provisional liberty during the pendency of the appeal under the same bail subject
to the consent of the bondsman

If the penalty imposed by the trial court is exceeding 6 years, he may be denied bail or his bail
may be cancelled, upon showing by the prosecution and with noticed to the accused that the
accused is:
a) A recidivist, quasi recidivist, habitual delinquent or committed the crime
aggravated by the circumstance of reiteration
b) Has previously escaped legal confinement, evaded the service of sentence or
violated the conditions of his bail without valid justification
c) Has committed an offense while on probation, parle or conditional pardon
d) That there is a probability of flight if released on bail
e) That there is undue risk that he will commit another crime while on bail
 The resolution of the trial court denying or cancelling the bail may be
reviewed by the appellate court motu proprio or upon motion of any party
with notice to the adverse party
NOTA BENE:
  If the accused is convicted by the RTC of a crime punishable by death, Reclusion
Perpetua or life imprisonment, the application for bail must be denied since there is
showing that the evidence of guilt is strong—That the guilt of the accused is proved
beyond reasonable doubt

 If the accused is charged with an offense which provides for the penalty of death,
reclusion perpetua or life imprisonment—The grant to bail is discretionary on the part of
the court. The application for bail may be granted provided that the evidence of guilt is
not strong

4. HEARING OF APPLICATION FOR BAIL IN OFFENSES

PUNISHABLE BY DEATH, RECLUSION PERPETUA OR
LIFE IMPRISONMENT:
Hearing on the application for bail must be conducted if a person is in custody for the
commission of an offense punishable by death, Reclusion Perpetua or life imprisonment
 Bail is not a matter of right since the penalty imposed is death, Reclusion Perpetua or
Life Imprisonment
 Hearing is to be conducted to determine whether or not the evidence of guilt is strong
If evidence of guilt is strong: Bail must be denied
If evidence of guilt is not strong: Bail must be granted

 The hearing conducted is not on the merits of the case but only with respect to the weight
of evidence to determine whether the evidence of guilt is strong for purposes of bail
 The prosecution has the burden of proving that the evidence of guilt is strong but the
judge has the duty to determine whether or not the evidence of guilt is strong
Offenses NOT punishable by Death, Offenses PUNISHABLE by Death, Reclusion
Reclusion Perpetua or Life Imprisonment Perpetua or death
Before conviction by the RTC: Bail is a If evidence of guilt is strong: Bail is denied
matter of right
After conviction by the RTC: Bail is If evidence of guilt is not strong: Bail is
discretionary granted
If the person under custody is only
CHARGED with an offense punishable by
death, reclusion perpetua or life
 imprisonment: Bail may either be granted or
denied depending on whether the evidence of
guilt is strong
If the accused is CONVICTED of an offense
punishable by death, reclusion perpetua or life
imprisonment: BAIL IS DENIED since the
evidence of guilt is strong—That the guilt of
the accused is proved beyond reasonable
doubt

5. GUIDELINES IN FIXING THE AMOUNT OF BAIL:

Factors to consider in fixing the amount of bail:
a) Financial capability of the accused to give bail
b) Nature and circumstances of the offense
c) Penalty for the offense charged
d) Character and reputation of the accused
e) Age and health of the accused
f) Weight of evidence against the accused
g) Probability of the accused appearing at the trial
h) Forfeiture of other bail
i) The fact that the accused was a fugitive from justice when arrested
j) Pendency of other cases against the accused while on bail

NOTA BENE:
 No excessive bail shall be required
 If there is a high probability of the accused to abscond, the court shall increase the
amount of the bail to secure the attendance of the defendant when required

6. BAIL; WHEN NOT REQUIRED:

Bail is not required when the law or the rules so provide
 If the period of custody is equal to or more than the maximum period of imprisonment for
the offense charged: The accused shall be released immediately without prejudice to the
continuation of the trial or proceedings on appeal
 If the maximum penalty for the offense charged is destierro: The accused shall be
released after 3 days of preventive imprisonment
  If the period of custody is equal to or more than the minimum of the principal penalty for
the offense charged without applying ISLAW or any modifying circumstance: The
accused shall be released on a reduced bail or on his own recognizance, at the discretion
of the court
NOTA BENE:
 If the offense charged in punishable by a penalty of less than 4 years, 2 months and 1 day
and the judge finds that there is no necessity of placing the accused under custody, the
judge shall issue summons instead of WOA: No bail shall be required

7. INCREASE OR REDUCTION OF BAIL:

The court may increase or reduce the amount of bail for a good cause
If the amount of bail is increased, the accused may be committed into custody if he does
not give the increased amount within a reasonable time

8. FORFEITURE AND CANCELLATION OF BAIL:

A. Forfeiture of bail:
If the accused fails to appear before the court when required:
His bail shall be forfeited
The bondsman is given 30 days to produce their principal and to show cause why no
judgment should be rendered against them for the amount of bail

Within 30 days, the bondsman shall:

Produce the body of the accused or to state the reason for his non production
Explain why the accused did not appear before the court when required to do so

Failure to do so, a judgment shall be rendered against the bondman for the amount of
the bail and the court shall not reduce or mitigate the liability of the bondsman unless
the accused has been surrendered or acquitted

B. Cancellation of the bail:

Cancellation upon application of the bondsman:
Must be made with notice to the prosecution
May be made upon the surrender of the accused or proof of his death

Automatic cancellation;
May be made upon showing of:
Death of the accused
Execution of the judgment of conviction
Acquittal of the accused
 9. APPLICATION FOR OR ADMISSION TO BAIL IS NOT
A BAR ON THE OBJECTIONS TO ILLEGAL ARREST
OR LACK OR IRREGULAR PRELIMINARY
INVESTIGATION:

Application or admission to bail does not preclude objections as to the legality of the arrest or
lack or irregular preliminary investigation.

Must be made before the accused enters his plea

The matter must be resolved as early as practicable but not later than the start of the trial of the
case

RULE 116: ARRAIGNMENT AND PLEA:

1. HOW MADE; WHEN PLEA OF NOT GUILTY SHOULD BE
MADE:
A. Shall be made in the court where the complaint or information is filed or assigned for
trial.
Shall be made in open court by the judge or the COC and furnishing the accused with
a copy of the complaint or information and reading the same in the language or
dialect known to him and asking him whether he pleads guilty or not guilty

B. The accused must be present during the arraignment and must personally enter his
plea and shall be made of record. Failure to do so does not affect the validity of the
proceedings

C. If the accused refuses to plea or makes a conditional plea: Plea of not guilty shall be
entered

D. If the accused pleads guilty but presents exculpatory evidence: Plea of guilty shall be
withdrawn and a plea of not guilty shall be entered

E. If the accused is under preventive detention, the case shall be raffled and the records
of the case shall be transmitted to the judge to whom the case was raffled within 3
days from the filing of the complaint or information
 The accused shall be arraigned within 10 days from the raffle of the case
The pre trial of the case shall be held within 10 days from the arraignment of the
accused

F. The offended party shall be required to be present during the arraignment for
purposes of plea bargaining, determination of civil liability or other matters requiring
the presence of the accused.

If the offended party fails to appear at the arraignment despite due notice: The
accused may plea to a lesser offense necessarily involved in the offense charged with
the conformity of the offended party alone

G. The arraignment shall be held within 30 days from the time the court acquires
jurisdiction over the person of the accused
The pendency of the resolution of motion to quash or for bill of particulars or other
circumstances justifying the suspension of the arraignment shall be excluded in the
computation of the period

NOTA BENE:
 If the case is submitted for decision before the accused has been arraigned: The defect is
cured if there is an active participation of the counsel without raising the objection that
his client is yet to be arraigned
 Plea of guilty subject to the condition that a lesser penalty should be imposed is not a plea
to a lesser offense but considered as a conditional plea—A plea of not guilty should be
entered for the accused
 A plea of guilty is a judicial confession and necessarily admits all the material facts
alleged in the information including the aggravating circumstances stated therein but such
aggravating circumstances, if disproved by evidence shall be disallowed in the judgement
(They will not be considered in imposing the proper penalty)

2. PLEA OF GUILTY TO A LESSER OFFENSE:

A. At arraignment: The accused may be allowed to plead guilty to a lesser offense which is
necessarily included in the offense charged subject to the consent of the prosecutor and of
the offended party
 B. After arraignment but before trial:

The accused may still be allowed to plead to a lesser offense which is necessarily
included in the offense charged subject to the withdrawal of the plea of not guilty

 Amendment of the complaint or information is not necessary

NOTA BENE:
1. Plea of guilty to a lesser offense; Requisites:
a) That the offense is necessarily included in the offense charged
b) That there must be consent of the prosecutor and of the offended party
2. Plea bargaining is not a matter of right but is addressed to the sound discretion of the
court
3. Plea of guilty to a lesser offense is not considered as mitigating circumstance under the
RPC -To be considered as a mitigating circumstance, the plea of guilty must be for the
offense charged

3. ACCUSED PLEAD GUILTY TO A CAPITAL OFFENSE;

WHAT THE COURT SHOULD DO:
When the accused pleads guilty to a capital offense, the court must:

a) Conduct a searching inquiry as to voluntariness and full comprehension of the

consequence of the plea of guilty
b) The prosecution must prove the guilt of the accused and the precise degree of his
culpability
c) To allow accused to adduce evidence in his behalf

4. SEARCHING INQUIRY:
There is no hard and fast rule as to the conduct of a searching inquiry as long as the
voluntariness of the plea and the full comprehension of the consequence of the plea of
guilt is ascertained, the plea of guilty must be sustained

Guidelines in the conduct of searching inquiry:

a) The conditions on how the accused was brought into custody of the law must be
ascertained, that the accused must be assisted by a counsel during custodial
 investigation and preliminary investigation and that the condition of the detention
and interrogation of the accused during investigation must also be ascertained
b) That the defense counsel must have fully explained the consequence of the plea of
guilty
c) That the crime and its elements must have been stated to the accused
d) That the defense counsel must have informed the accused of the nature of the
penalty that may be imposed upon the accused
e) That the court must conduct personal profiling of the accused
f) That the questions posed to the accused must be understood by him in a language
known to him
g) That the court must ascertain that the accused is truly guilty of the crime charged

5. IMPROVIDENT PLEA:
The improvident plea of guilty may be withdrawn and substituted by a plea of not guilty
provided that it be made before the judgment of conviction becomes final

NOTA BENE
 When there is failure to conduct a searching inquiry as to the voluntariness and
full comprehension of the consequences of the plea of guilty: The plea of guilty as
to the offense charged is deemed improvidently made

 In case of improvident plea if guilty: The conviction is set side if it is the only
basis for the judgment. If there is sufficient and credible evidence to hold the
accused guilty of the crime charged, the judgment must be sustained.

RULE 117: MOTION TO QUASH:

1. GROUNDS FOR A MOTION TO QUASH:

a) That the facts charged does not constitute an offense
b) That the court has no jurisdiction over the offense charged or that it has no
jurisdiction over the person of the accused
c) That the officer filing the information has no authority to do so
d) That the averments, if true, would constitute a legal excuse or justification
e) That the accused has been previously convicted or acquitted of the offense
charged or that the case was terminated or dismissed without his express
consent (Double jeopardy)
f) That it does not substantially conform to the prescribed form
 g) That there are more than one offense charged unless the law provides a single
punishment for various offenses
h) That the criminal action or liability has been extinguished

NOTA BENE:
 The grounds for motion to quash are exclusive. Therefore:
 Execution of an affidavit of desistance is not a ground for the quashal of the
information once the action has been instituted in court
 Absence of probable cause in the issuance of a WOA is not a ground for the
quashal of the information—The proper remedy is to file a motion for the
dismissal of the case
 Matters of defense are not grounds for a motion to dismiss since their existence
must be proved during a full-blown trial
 Absence of PI is not a ground for the quashal of the information: The proper
remedy is a motion for reinvestigation (Motion to conduct PI)
 In cases where the ground for the motion to quash is based on the ground that the
facts charged do not constitute an offense: It is necessary to prove that the facts
alleged, if hypothetically admitted, would establish the elements of the offense
charged as defined by law.

 Failure to allege a ground for a motion to quash:

Failure to allege a motion to quash before the accused pleads to the complaint or
information is deemed a waiver of the objection on that ground

This may be due to:

Failure to allege the ground in the motion
Failure to file the motion


Gen. Rule:
Failure to allege the grounds for the motion to quash is deemed a waiver thereof

Exception: The following grounds are not deemed waived despite the failure to allege the same
in the motion to quash;
1. Lack of jurisdiction over the offense charged
2. The criminal action or liability is extinguished
3. Double jeopardy
 4. That the facts charged do not constitute an offense

 Denial of a motion to quash; remedy and exceptions:

Denial of motion to quash: The remedy is to proceed with the trial of the case without prejudice
to the special defenses invoked in the motion to quash

Exception: In case the finding of probable cause by the investigating officer is tainted with
arbitrariness. That he acted with grave abuse of discretion amounting to lack or excess of
jurisdiction—Rule 65

2. MOTION TO QUASH VS. DEMURRER TO EVIDENCE:

MOTION TO QUASH DEMURRER TO EVIDENCE

Filed before the accused enters his plea Filed after the prosecution rested its
case
Does not require leave of court May or may not require leave of court
a) Grounds: That the facts Grounds: Insufficiency of evidence
charged does not
constitute an offense
b) That the court has no
jurisdiction over the
offense charged or that
it has no jurisdiction
over the person of the
accused
c) That the officer filing
the information has no
authority to do so
d) That the averments, if
true, would constitute a
legal excuse or
justification
e) That the accused has
been previously
convicted or acquitted
of the offense charged
 or that the case was
terminated or dismissed
without his express
consent (Double
jeopardy)
f) That it does not
substantially conform
to the prescribed form
g) That there are more
than one offense
charged unless the law
provides a single
punishment for various
offenses
h) That the criminal action
or liability has been
extinguished

Grounds for a motion to quash is found in Grounds for demurrer to evidence

the complaint or information may be found in matters outside the
complaint or information
If the motion to quash is granted—It does If granted-Amounts to an acquittal
not result in the dismissal of the action and thus precludes the filing of a new
information or complaint charging the
A new complaint or information may be same offense
filed since the grant of a motion to quash
does not preclude the filing of a new
complaint or information

3. EFFECTS OF SUSTAINING A MOTION TO QUASH: EXCEPTION TO THE

RULE:
If the motion to quash is sustained: The court may order the filing of a new complaint
or information except if the ground for sustaining the motion to quash is:
Double jeopardy
That the criminal action or liability is extinguished
If in case the motion for quashal of information is sustained and the accused is in
custody, the he shall not be discharge unless admitted to bail
 If no new order for the filing of new information or complaint is made or when no new
complaint or information is filed, the accused shall be discharged unless in custody for
another offense
NOTA BENE:
 An order sustaining a motion to quash does not bar prosecution for the same offense
except on grounds of:
Double jeopardy
The criminal action or liability is extinguished

 Gen Rule: An order sustaining a motion to quash is not a bar for the prosecution for the
same offense
Exception:
If the ground relied upon is :
The criminal action or liability is extinguished
Double jeopardy

4. DOUBLE JEOPARDY:

Constitutional provision:
No person shall be twice put in jeopardy of punishment for the same offense. If an act
is punished by a law or ordinance, conviction or acquittal under either shall constitute
a bar to another prosecution for the same act

ROC provision:
The accused has been convicted or acquitted or when the case against him has been
dismissed or terminated without his express consent by a court of competent
jurisdiction

Upon a complaint or information sufficient in form and substance to sustain a

conviction

After the accused has pleaded

 The conviction, acquittal or dismissal of the case against the accused shall bar another
prosecution for the offense charged or for the attempt to commit the same or frustration
thereof or for an offense that is necessarily included in the offense charged

Exception: Conviction of the accused shall not be a bar for the prosecution of an
offense which is necessarily included in the offense charged when:

a) The graver offense developed due to supervening facts arising from the same
act or omission constituting the former charge
 b) The facts constituting the graver offense were discovered only after the plea
was made in the original complaint or information
c) The plea of guilty to a lesser offense was made without the consent of the
offended party and the prosecutor
NOTA BENE:
 Double jeopardy (Res judicata in prison grey): Prohibits the prosecution for a crime
which a person has been previously convicted or acquitted
 Presupposes that the first jeopardy had attached and thus prohibits the attachment of the
second jeopardy
 Double jeopardy exists when the accused has been convicted or acquitted or the case
against him has been dismissed or terminated without his express consent and thus bars
another prosecution for the offense charged or an attempt to commit the same or
frustration thereof or when the offense necessarily includes or is necessarily included in
the offense charged in the original information
 The accused may appeal from the judgment of conviction but will result in the waiver of
the constitutional safeguard against double jeopardy such as when the case is subjected
for review by the appellate court
 The filing of MR is deemed a waiver of the right against double jeopardy
 The order of acquittal given by the court to the accused is final and unappealable on
ground of double jeopardy except when the trial court committed grave abuse of
discretion or when there is mistrial
 In case of acquittal of the accused, the offended party is not precluded from prosecuting
the civil aspect of the case—Double jeopardy has reference only to the criminal aspect of
the case and has no effect on the civil aspect of the case
 Requisites of double jeopardy:

That the first jeopardy had attached

That the first jeopardy is validly terminated
That the second jeopardy is for the same offense or an attempt to commit the same or
frustration thereof or the offense is necessarily included or includes the offense charged

How to determine whether the first jeopardy attached:

That the accused was acquitted or convicted or the case against him was dismissed or
terminated without his express consent
That the it was made by a court of competent jurisdiction
That it was based upon a valid complaint or information sufficient in form and substance
to sustain a conviction
That the accused has pleaded to the offense
That the subsequent prosecution is for an offense which is the same in the original
complaint or information or for an attempt to commit the same or frustration thereof or
when the offense is included or necessarily includes the offense charged
 Court must be one of competent jurisdiction: The information must be filed before the
court having jurisdiction over the offense charged
 In the conduct of PI: Double jeopardy does not attach since PI is not a trial on the merits
of the case
 The rule on double jeopardy does not apply in admin cases. Thus, when an act results in
criminal and admin liability, the dismissal of the admin case is not a ground to invoke
double jeopardy in the criminal case—the admin and criminal cases are distinct and
separate actions from each other--Double jeopardy has reference only to admin cases
 For double jeopardy to attach, that there must be a valid complaint or information or
other formal charge sufficient to sustain a judgment of conviction (in the original
complaint or information)
 Failure of the accused to plead to the original complaint or information: Double jeopardy
cannot be invoked
 If the accused moves for the dismissal of the case and such motion was granted: There is
no double jeopardy since the case was terminated with the express consent of the accused
 The right against double jeopardy may be invoked when the case is dismissed or
terminated without the express consent of the accused
If there is a dismissal of the case based on the express consent of the accused, there is no
double jeopardy

Exception:
Dismissal of the case on the ground of violation of the right to speedy trial is not a waiver
of the right against double jeopardy even if the accused moved for the termination of the
proceedings

 The grant of demurrer to evidence is tantamount to an acquittal and double jeopardy will
apply even if the dismissal is with the express consent of the accused
 Reckless imprudence is a single quasi offense and not merely a means to commit other
crimes: The conviction or acquittal for a quasi-offense bars subsequent prosecution for
the same quasi offense regardless of the various resulting acts: Double jeopardy applies
in quasi offenses

5. PROVISIONAL DISMISSAL:
Provisional dismissal shall be made upon notice to the offended party and with
express consent of the accused

When a provisional dismissal becomes a permanent dismissal:

 Offenses punishable by a penalty of Offenses punishable by a penalty of
LESS THAN 6 YEARS or Fine or Both MORE 6 YEARS
The dismissal shall become permanent The dismissal shall become permanent
after 1 year from the date of the issuance after 2 years from the date of the
of the order without the case having been issuance of the order without the case
revived having been revived

NOTA BENE:
 With express consent of the accused: To prevent the defense of double jeopardy when the
provisionally dismissed case is revived
 The case is revived upon the refiling of the information or filing of a new information
 In case where some witnesses to the case died or when new witnesses for the prosecution
appears or when additional people are charged in the new information for the same
offense: Requires the conduct of a new PI

RULE 118: PRE-TRIAL

1. MATTERS TO BE CONSIDERED DURING PRE-TRIAL:

a) Plea bargaining
b) Stipulation of facts
c) Marking for identification of evidence of the parties
d) Waiver of objections to the admissibility of evidence
e) Modification of the order of the trial such as when the accused admit the charge but
interposes a lawful defense
f) Such other matters that will promote a fair and expeditious trial of the criminal and civil
aspects of the case
Held after arraignment and within 30 days from the time the court acquires jurisdiction over
the person of the accused unless a shorter period is provided by law or by the SC

NOTA BENE:
 Failure to attend to the pre trial conference by the counsel for the offended party
and the prosecutor is meted with sanctions and penalties, if the non-appearance is
without a valid cause
 2. DUTY OF THE COURT WHEN THE PROSECUTOR AND
THE OFFENDED PARTY AGREE TO THE PLEA
OFFERED BY THE ACCUSED:
A. During pre-trial, the judge shall consider all the plea-bargaining arrangements except in
cases for violations of RA 9165
B. If a plea bargaining is agreed upon, the judge shall:
a) Issue an order to that effect
b) Receive evidence with respect to the civil aspect of the case
c) Promulgate the judgment of conviction including the civil liability and damages
duly established by evidence

3. PRE-TRIAL AGREEMENTS:
All agreements and admissions made during the pre trial conference must be in writing
and signed by the accused and his counsel. If the matters involve agreements with
reference to the matters to be considered during the pre trial, it must be approved by the
court

 Failure to do so, such admissions or agreements cannot be used against the

accused

4. PRE-TRIAL ORDER:
Given after the conduct of pre trial conference
The pre trial order shall state:
a) The actions taken
b) Facts stipulated
c) Evidence marked
d) Number of witnesses to be presented
e) Schedule of the trial
Effect of pre trial order:
a) Bind the parties
b) Limit the trial to matters not disposed of
c) Control the course of the trial
 Unless modified by the court to prevent manifest injustice
 RULE 119: TRIAL:

1. INSTANCES WHEN PRESENCE OF THE ACCUSED IS

REQUIRED BY LAW:
a) During arraignment and plea: Under the ROC: The accused must be present
during the arraignment and must personally enter his plea
b) At the trial: For purposes of identification of the accused as the person who is the
perpetrator of the crime and the person named in the complaint or information
c) At the promulgation of judgment: The ROC requires that judgment must be
promulgated in the presence of the accused

Except for light offenses where promulgation may be made to the counsel of the
accused

2. REQUISITES BEFORE TRIAL CAN BE SUSPENDED ON

ACCOUNT OF ABSENCE OF WITNESSES:
Refers to the absence of an essential witness

The suspension of the trial on account of absence of an essential witness is justified

when:
a) His whereabouts is unknown
b) His whereabouts cannot be determined by reasonable diligence
3. TRIAL IN ABSENTIA:
Requisites where trial in absentia may be allowed:
a) That the accused has been arraigned
b) That the accused has been notified of the trial
c) That the failure of the accused to appear in unjustified

4. REMEDY WHEN THE ACCUSED IS NOT BROUGHT TO

TRIAL WITHIN THE PRESCRIBED PERIOD:

Trial shall commence within 30 days from the receipt of the pre trial order
Effect if the accused is not brought to trial within the prescribed period:
 The accused may move for the dismissal of the information
 Ground: Right of the accused to speedy trial
 The accused has the burden of proving the ground for his motion
 The prosecution has the burden of going forward with evidence that the delay
belongs to the exclusion of time mentioned in the Rules of Court
 The dismissal of the information shall be subject to the rules on double jeopardy
 The motion must be made by the accused before the trial. Failure to do so shall
constitute as a waiver of the right to dismiss the charges against him

5. REQUISITES FOR THE DISCHARGE OF AN ACCUSED

AS A STATE WITNESS; EFFECT OF DISCHARGE OF AN
ACCUSED AS STATE WITNESS:
When two or more accused are charged jointly for an offense, they may be tried jointly
unless the court, upon motion of the prosecutor, orders a separate trial for one or more of
the accused

One or more of the accused tried jointly may be discharged with their consent to be a
witness for the State provided:
The prosecution files a motion for their discharge as witnesses
 The motion must be filed before the prosecution rests its case

Upon receipt of the motion, the court shall:

Require the prosecution to present evidence and sworn statements of the proposed state
witness
Shall conduct a separate hearing in support of the discharge

The court, after hearing, may direct the accused to be discharged as a state witness upon
showing:
a) That there is a necessity for the testimony of the accused whose discharge is
sought
b) That there is no other direct evidence available for the prosecution of the offense
committed other than the testimony of the accused whose discharge is requested
c) That the testimony can be substantially corroborated on material points
d) That the accused does appear to be the most guilty
e) That the accused has not been previously convicted of a crime involving moral
turpitude

Effect of discharge of an accused as a State witness:

Has the effect of an acquittal
Constitutes a bar to another prosecution for the same offense unless the accused refuses or fails
to testify against his co accused in accordance with his sworn statement used as a basis for the
discharge

6. DEMURRER TO EVIDENCE:
After the prosecution rested its case, the court may:
Dismiss the action, provided that the prosecution is given the opportunity to be heard
Dismiss the action upon a demurrer to evidence filed with or without leave of court

WHEN DEMUURER TO EVIDENCE IS WHEN DEMURRER TO EVIDENCE IS

FILED WITH LEAVE OF COURT AND FILED WITHOUT LEAVE OF COURT
THE DEMURRER IS DENIED AND THE DEMURRER IS DENIED
The accused may adduce evidence in his The accused waives the right to present
defense evidence

The accused is deemed to have submitted

 the case for judgment on the basis of the
evidence presented by the prosecution

 Motion to file demurrer to evidence with leave of court:

Must state the grounds
Made within a non extendible period of 5 days from the time the prosecution rested its
case
The prosecution may oppose the motion within the same period
From the receipt of the motion

If the motion for leave of court to file demurrer to evidence is granted: The accused shall
file the demurrer to evidence within 10 days from receipt of the order
The prosecution may oppose the demurrer within the same period

If the demurrer to evidence is granted: Has the effect of an acquittal

An order denying the motion for leave of court to file demurrer to evidence shall not be
reviewable by appeal or certiorari before judgment

 Motion to file demurrer to evidence without leave of court:

If granted: Has the effect of an acquittal

If denied:
The accused waives the right to present evidence
The case is submitted for judgment on the basis of the evidence presented by the
prosecution

Exception: The order denying the demurrer to evidence may be reviewed by certiorari
under Rule 65 such as when the denial of the demurrer is tainted with GAD amounting to
lack or excess of jurisdiction

NOTA BENE:

 Not every motion to dismiss is a demurrer to evidence: To be considered as a demurrer to

evidence, it must make reference to the insufficiency of evidence of the prosecution

 The grant of a demurrer to evidence is equivalent to an acquittal and may not be appealed
without placing the accused on double jeopardy unless the grant of demurrer to evidence
is tainted with GAD amounting to lack or excess of jurisdiction

DEMURRER TO EVIDENCE IN DEMURRER TO EVIDENCE IN CIVIL

CRIMINAL CASES CASES
 Ground: Insufficiency of evidence Ground: That upon facts and law, the
plaintiff failed to show that he is entitled
to relief
May be made with or without leave of Made without prior leave of court
court
If denied: If denied:
Accused loses his right to present Defendant does not lose his right to
evidence present evidence
The case is deemed submitted for
judgment on the basis of the evidence
presented by the prosecution
If granted: There is no appeal since this is If granted: The plaintiff may appeal. If the
in violation of the rule on doube jeopardy dismissal is reversed, the defendant is
deemed to have waived his right to
present evidence

RULE 120: JUDGMENT:

1. REQUISITES OF A JUDGMENT:
a) It must be written in the official language
b) It must be personally and directly prepared by the judge
c) It must be signed by the judge
d) It must contain the statement of facts and the law upon which it is based

2. CONTENTS OF JUDGMENT:
A. Judgment of conviction:
a) Legal qualification of the offense constituted by the acts committed by the
accused
b) Civil liability and damages caused by the wrongful act or omission to be
recovered by the offended party from the accused unless the enforcement of the
civil liability in a separate civil action has been waived or reserved
c) The participation of the accused in the offense
d) The penalty to be imposed\
e) The aggravating and mitigating circumstances that attended the commission of the
offense
B. Judgment of acquittal:
The judgment shall state that the evidence of the prosecution failed to prove the guilt of
the accused or failed to prove the guilt of the accused beyond reasonable doubt

Shall also state if the act or omission from which the civil liability might arise did not
exist

3. PROMULGATION OF JUDGMENT; INSTANCES OF

PROMULGATION OF JUDGMENT IN ABSENTIA:
Judgement shall be promulgated by reading it in the presence of the accused and any
judge of the court where it was rendered
 If the conviction is for a light offense, the judgement may be promulgated by reading it in
the presence of the counsel of the accused

If the accused is confined or detained in another province, city or municipality, the

judgment may be promulgated by the Executive Judge of the province, city or
municipality where the accused is confined or detained upon the request of the court
which rendered the judgment

Promulgation of judgment in absentia:

a. If the accused fails to appear at the scheduled promulgation of judgment:
The judgment shall be recorded in the criminal docket
Copies of the judgment shall be given to the accused sent to his last known address
or thru his counsel

b. If the judgment is for a conviction and the accused fails to appear at the promulgation
of judgment without any valid reason:

He shall lose all the remedies available under the ROC

The court shall order his arrest

Remedy of the accused: Within 15 days from the promulgation of judgment, the
accused may:

Surrender
File a motion for leave of court to avail of the remedies under the ROC
 The accused must state the reasons for his non appearance during the promulgation of
judgment and if the court finds it to be justifiable, the accused may avail of the
remedies under the ROC within 15 days from notice

4. WHEN JUDGMENT BECOMES FINAL:

a) After the lapse of the period for perfecting an appeal
b) When the accused waives the right to perfect an appeal
c) When the sentence has been partially or totally served
d) When the accused applies for probation

RULE 121: NEW TRIAL OR

RECONSIDERATION:

1. GROUNDS FOR NEW TRIAL:

Must be filed by the accused at any time before the judgment of conviction becomes final

New trial is allowed provided;

The motion for new trial must be filed before the judgment of conviction becomes final
That there is a new and material evidence which could not be produced during the trial
despite reasonable diligence but if introduced would probably change the judgment

Grounds:
That error of law has been committed
That irregularities prejudicial to the substantial rights of the accused has been committed
That a new and material evidence has been discovered

 Newly discovered evidence; as justifiable ground for granting new trial; Requisites:

That the evidence was produced after trial

That it could not have been produced during trial despite reasonable diligence
That the evidence is new and material
That if the newly discovered evidence, if admitted, would probably change the judgment
2. GROUNDS FOR RECONSIDERATION:
Errors of law in judgment which requires no further proceedings
Errors of fact which requires no further proceedings

3. EFFECT OF GRANT OF NEW TRIAL OR

RECONSIDERATION:
A. Grant of New Trial on grounds that errors of law has been committed or that
irregularities prejudicial to the substantial rights of the accused has been committed:
The proceedings and evidence affected thereby are set aside, taken anew and the court
may allow additional evidence

B. Grant of New Trial on ground of newly discovered evidence:

The evidence already presented shall stand and the newly discovered evidence shall
be taken and considered together with the other evidence already presented

C. When the new trial or reconsideration has been granted:

The original judgment shall be set aside
The new judgment shall be rendered accordingly

RULES 122, 124 AND 125: APPEALS:

Any party may appeal from the judgment or final order except when the accused will be
placed in double jeopardy

 If the accused appeals the judgment of conviction, he waives the right against double
jeopardy

 If the appeal is taken by the People of the Philippines before the CA or SC: Only the
OSG has the sole authority to represent the people before such courts

1. WHERE TO APPEAL:
In cases decided by the MTC: Appeal is taken to the RTC
 In cases decided by the RTC: Appeal is taken to the CA/SC
In cases decided by the CA: Appeal is taken to the SC

2. HOW TO APPEAL:
A. Appeal from the judgment of the MTC:
Appeal shall be made by filing a NOA with the court which rendered the judgment being
appealed(MTC)
Appeal shall be taken to the RTC

B. Appeal from the judgment of the RTC:

If the judgment is rendered by the RTC in the exercise of its ORIGINAL
JURISDICTION: Appeal shall be taken by filing a NOA with the court which
rendered the judgment being appealed (RTC)
Appeal shall be taken to the CA

If the judgment is rendered by the RTC in the exercise of its APPELLATE

JURISDICTION: Appeal shall be taken to the CA via a petition for review under
Rule 42

If the penalty imposed by the RTC is Reclusion Perpetua or Life Imprisonment:

Appeal shall be taken by filing a NOA with the court which rendered the judgment
imposing such penalty (RTC)
Appeal shall be taken to the CA

C. Appeal from judgment of the CA;

Appeal from the judgment of CA shall be made by filing a PETITION FOR REVIEW
ON CERTIORARI under Rule 45
Appeal shall be taken to the SC

Appeal from the judgment of the CA imposing a penalty of life imprisonment,

reclusion perpetua or a lesser penalty:
Appeal shall be made by filing a NOA with the CA
Appeal shall be taken to the SC

3. EFFECT OF APPEAL BY ANY OF THE SEVERAL

ACCUSED:
A. An appeal of one or more of several accused does not affect those who did not appeal
except insofar as the judgment of the appellate court is favorable and applicable to the
latter
B. The appeal by the offended party from the civil aspect of the case does not affect the
criminal aspect of the judgment appealed from
C. Upon the perfection of the appeal, the execution of the judgment shall be stayed as to the
appealing party

4. GROUNDS FOR THE DISMISSAL OF AN APPEAL:

The appellate court, upon motion of the appellee or motu proprio and with notice to the
appellant, may dismiss the appeal for failure of the appellant to file his brief within the
time prescribed by the ROC

The appellate court, upon motion of the appellee or motu proprio, may dismiss the appeal
if the appellant escapes legal confinement, jumps bail or flees to another country during
the pendency of the appeal

PROVISIONAL REMEDIES IN
CRIMINAL CASES:

A. The provisional remedies in civil actions may be availed of in connection with the
civil action which is deemed instituted in the criminal action

 If there is a civil liability, the civil action must be arising from the offense charged and is
deemed instituted in the criminal action

B. Preliminary attachment:
The offended party may attach the property of the accused for the satisfaction of
judgment which may be recovered from the accused and may be availed of in cases:

i. When the accused resides outside the Philippines

ii. When the accused is about to abscond from the Philippines
iii. When the accused has concealed, removed or disposed of his property or is about
to do so
iv. When the criminal action is based on a claim for money property which has been
embezzled, converted or misappropriated for the own use of the accused who is a
public officer, officer of a corporation, agent, attorney, broker, clerk or any person
acting in fiduciary capacity or for a willful violation of duty