Criminal Procedure: San Beda College of Law

San Beda College of Law
135
MEMORY AID IN REMEDIAL LAW
CRIMINAL PROCEDURE
Criminal Jurisdiction power of the
State to try and punish a person for a
violation of its penal laws.
REQUISITES FOR A VALID EERCISE OF
CRIMINAL JURISDICTION!
1. The offense, by virtue of the
imposable penalty OR its nature,
is one which the court is by law
authorized to take conizance
of, !"urisdiction over the
S#$%&'T ()TT&R*.
+. The offense must have been
committed within its territorial
"urisdiction, !"urisdiction over
the T&RR,TOR-*.
.. The person chared with the
offense must have been brouht
to its presence for trial, forcibly
by warrant of arrest or upon his
voluntary submission to the
court, !"urisdiction over the
/&RSO0 O1 T2& )''#S&3*.
JURISDICTION
OVER T"E
SU#JECT MATTER
JURISDICTION
OVER T"E PERSON
OF T"E ACCUSED
3erived from the
law. ,t can never be
ac4uired solely by
consent of the
accused.
(ay be ac4uired by
consent of the
accused or by waiver
of ob"ections.
Ob"ection that the
court has no
"urisdiction of the
sub"ect matter may
be made at any stae
of the proceedin,
and the riht to
make such ob"ection
is never waived.
,f he fails to make his
ob"ection in time, he
will be deemed to
have waived it.
DETERMINATION OF CRIMINAL
JURISDICTION!
1.3etermined by the alleations in
the complaint or information not
by the results of proof or by the
trial court5s appreciation of the
evidence presented.
2. 3etermined by the law in force
at the time of the institution of
the criminal action. O0'&
6&ST&3, ,T ')00OT $&
7,T23R)70 $-8
a* subse4uent valid amendment
of the information9 or
b* a subse4uent statutory
amendment of the rules of
"urisdiction, #0:&SS the
amendatory law provides
otherwise.
RULE $$%
PROSECUTION OF OFFENSES
S&ction $' Institution o( criminal
actions'
For o((&ns&s )*&r& a +r&liminar,
in-&sti.ation is r&/uir&d ; by filin the
complaint with the proper officer for the
purpose of conductin the re4uisite
preliminary investiation.
/reliminary investiation is R&<#,R&3 for
offenses where the penalty prescribed
by law is at least = years, + months and
1day without reard to fine !Rule 11+,
Sec. 1 /ar.+*.
For all ot*&r o((&ns&s ; by filin the
complaint or information directly with
the (unicipal Trial 'ourts and (unicipal
'ircuit Trial 'ourts, or the complaint
with the office of the prosecutor.
DOES NOT APPL0 to offenses which are
sub"ect to summary procedure.
E((&ct o( institution o( t*& criminal
action!
,t interrupts the runnin of the period of
prescription of the offense chared
unless otherwise provided by special
laws.
REMEDIAL LAW COMMITTEE
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae
%en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'ia )Ci*il Proce+"re,- Alnai.a Hasi$an )S/ecial Ci*il Ac!ions an+
S/ecial
Procee+in0s,- Jeenice +e Sa0"n )Cri$inal Proce+"re,- Elaine Mas"ka! )E*i+ence,
136
R&m&di&s o( t*& o((&nd&d +art, i( t*&
+ros&cutor r&(us&s to (il& an
in(ormation!
1. file an action for mandamus, in
case of rave abuse of
discretion9
+. lode a new complaint before
the court havin "urisdiction
over the offense9
.. take up the matter with the
Secretary of %ustice in
accordance with the Rev.
)dministrative 'ode9
=. institute an administrative
chares aainst the errin
prosecutor9 and
>. file criminal action aainst the
prosecutor with the
correspondin civil action for
damaes.
Ma, In1unction Issu& to R&strain
Criminal Pros&cution2
3ENERAL RULE! 'riminal prosecutions
may 0OT be restrained or stayed by
in"unction, preliminary or final. The
reason bein, public interest re4uires
that criminal acts be immediately
investiated and prosecuted for the
protection of the society !Domingo vs.
Sandiganbayan, 322 SCRA 655*.
ECEPTIONS!
1. To afford ade4uate protection to the
constitutional rihts of the accused9
+. 7hen necessary for the orderly
administration of "ustice or to avoid
oppression or multiplicity of actions9
.. 7hen there is a pre"udicial 4uestion
which is sub"udice9
=. 7hen the acts of the officer are
without or in e?cess of authority9
>. 7hen the prosecution is under an
invalid law, ordinance or reulation9
@. 7hen double "eopardy is clearly
apparent9
A. 7hen the court had no "urisdiction
over the offense9
B. 7hen it is a case of persecution
rather than prosecution9
C. 7hen the chares are manifestly
false and motivated by lust for
veneance9 and
1D. 7hen there is clearly no prima facie
case aainst the accused and a
motion to 4uash on that round has
been denied.
S&ction 4' Form o( t*& com+laint or
in(ormation'
FORM
1. ,n writin9
+. ,n the name of the /eople of the
/hilippines9 and
.. )ainst all persons who appear
to be responsible for the offense
involved.
S&ction 5' Com+laint d&(in&d'
) Com+laint is8
1. a sworn written statement9
+. charin a person with an
offense9
.. subscribed by the offended
party, any peace officer or other
public officer chared with the
enforcement of the law violated.
The complaint mentioned in this section
refers to one filed in court for the
commencement of a criminal
prosecution for violation of a crime,
usually conizable by municipal trial
courts as well as to a complaint filed by
an offended party in private crimes or
those which cannot be prosecuted de
officio.
REQUISITES OF A COMPLAINT!
1. it must be in writin and under
oath9
+. it must be in the name of the
/eople of the /hilippines9
.. it must chare a person with an
offense9 and
=. it must be subscribed by the
offended party, by any peace
officer or public officer chared
with the enforcement of the law
violated.
PERSONS 6"O CAN FILE A COMPLAINT
1. Offended party
+. )ny peace officer
.. Other public officer chared
with the enforcement of the law
violated
S/ecial
137
e?. ,nternal Revenue Officer for
violation of the 0,R', custom
aents with respect to violations
of the Tariff and 'ustoms 'ode
S&ction 7' In(ormation d&(in&d'
)n In(ormation is8
1. an accusation in writin9
+. charin a person with an
offense9
.. subscribed by the prosecutor and
filed with the court.
REQUISITES OF AN INFORMATION
1. it must be in writin9
+. it must chare a person with an
offense9
.. it must be subscribed by the
fiscal9 and
=. it must be filed in court.
COMPLAINT INFORMATION
Subscribed by the
offended party, any
peace officer or other
officer chared with
the enforcement of
the law violated
Subscribed by the
fiscal
!indispensable
re4uirement*
it may be filed either
in court or in the
prosecutor5s office
it is filed with the
court
must be made under
oath
need not be under
oath
/rosecution in the RT' are always
commenced by information, &E'&/T8
1. in certain crimes aainst chastity
!concubinae, adultery,
seduction, abduction, acts of
lasciviousness*9 and
+. defamations imputin any of the
aforesaid offenses wherein a
sworn written complaint is
re4uired in accordance with
section > of this Rule.
S&ction 8' 6*o must +ros&cut&
criminal actions'
FULL DISCRETION AND CONTROL OF
T"E PROSECUTOR
)ll criminal actions commenced by a
complaint or information shall be
prosecuted under the direction and
control of the prosecutor.
) /R,6)T& /ROS&'#TOR may be
authorized to prosecute a criminal
action sub"ect to the followin
conditions8
1. the public prosecutor has a
heavy work schedule, or there is
no public prosecutor assined in
the province or city9
+. the private prosecutor is
authorized ,0 7R,T,0F by the
Reional State /rosecutor !RS/*,
/rovincial or 'ity /rosecutor9
.. the authority of the private
prosecutor must be approved by
the court9
=. the private prosecutor shall
continue to prosecute the case
until the end of the trial unless
the authority is withdrawn or
otherwise revoked by the RS/,
/rovincial or 'ity /rosecutor9
and
>. ,n case of the withdrawal or
revocation of the authority of
the private prosecutor, the same
must be approved by court.
!(emo 'irc. 0o. +>, )pril +@,
+DD+, Reardin )mendment to
Sec. >, Rule 11D*
,n appeals before the ') and the S', it is
only the Solicitor Feneral that is
authorized to brin and defend actions in
behalf of the /eople of the /hilippines
!People vs. Nano, 205 SCRA 155*.
,n all cases elevated to the
Sandianbayan and from the
Sandianbayan to the S', the Office of
the Ombudsman, throuh its Special
/rosecutor shall represent the /eople of
the /hilippines, &E'&/T in cases filed
pursuant to &.O. 0os. 1, +, 1= and 1=;),
issued in 1CB@ !Sec. =, R) B+=C*.
PROSECUTION OF CRIMES A3AINST
C"ASTIT0
6"O MA0 PROSECUTE
1. Concubinage and adultery only by
the offended spouse who should
S/ecial
138
have the status, capacity, and leal
representation at the time of filin
of the complaint, reardless of ae9
+. Seduction, Abduction and Acts of
Lasciviousness prosecuted
e?clusively and successively by the
followin persons in this order8
a* by the offended woman
b* by the parents, randparents or
lealG"udicial uardians in that
successive order
c* by the State in the e?ercise of
the riht of parens pariae,
when the offended party dies or
becomes incapacitated before
she could file the complaint and
she has no known parents,
randparents or uardian.
.. ) defamation imputing to a person
any of the foregoing crimes of
concubinae, adultery, seduction,
abduction, rape or acts of
lasciviousness can be prosecuted
only by the party or parties defamed
!)rticle .@D, last par., Revised /enal
'ode*.
,f the offended party is of leal ae )03
does not suffer from physical or mental
disability, she alone can file the
complaint to the e?clusion of all others.
6"O CAN 3IVE PARDON
1. Concubinage and adultery ; only
the offended spouse, not otherwise
incapacitated, can validly e?tend the
pardon or consent contemplated
therein.
+. Seduction, abduction, and acts of
lasciviousness
a* the offended minor, if with
sufficient discretion, can validly
pardon the accused by herself if
she has no parents or where the
accused is her own father and
her mother is dead9
b* the parents, randparents or
uardian of the offended minor,
in that order, ')00OT e?tend a
valid pardon in said crimes
7,T2O#T the conformity of the
offended party, even if the latter
is a minor9
c* if the offended woman is of ae
and not otherwise incapacitated,
only she can e?tend a valid
pardon.
The pardon refers to pardon $&1OR&
filin of the criminal complaint in court.
/ardon effected after the filin of the
complaint in court does 0OT prohibit the
continuance of the prosecution of the
offense &E'&/T in case of marriae
between the offender and the offended
party.
PARDON -s' CONSENT
'onsent refers to future acts, while
pardon refers to past acts of adultery.
The importance of this distinction is that
consent, in order to absolve the accused
from liability, is sufficient even if
ranted only to the offendin spouse,
whereas pardon must be e?tended to
both offenders

The S#$S&<#&0T ()RR,)F& between the
offended party and the accused
e?tinuishes the criminal liability of the
latter, toether with that of the co;
principals, accomplices and accessories.
ECEPT!
1. where the marriae was invalid
or contracted in bad faith in
order to escape criminal liability,
+. in Hprivate libelI
.. in multiple rape, insofar as the
other accused in the other acts
of rape respectively committed
by them are concerned.
The )'<#,TT): OR 3&)T2 of one of the
accused in the crime of adultery does
not bar the prosecution of the other
accused !People vs. !opi"o, e al., 35
P#il. $01*. 2O7&6&R, the death of the
offended spouse before the filin of the
complaint for adultery bars further
prosecution, $#T if the offended spouse
died after the filin of the correspondin
complaint, his death will 0OT prevent
the proceedin from continuin to its
ultimate conclusion.
3&S,ST)0'& of complainant does not
bar criminal prosecution but it operates
S/ecial
13
as waiver of the riht to pursue civil
indemnity.
S&ction 9' Su((ici&nc, o( com+laint or
in(ormation'
CONTENTS OF A VALID COMPLAINT OR
INFORMATION
1. 0ame of the accused, includin
any appellation or nickname
)n error in the name of the
accused is not reversible as lon
as his identity is sufficiently
established and this defect is
curable at any stae of the
proceedins as the insertion of
the real name of the accused is
merely a matter of form.
+. The desination of the offense
.. The acts or omissions
complained of as constitutin
the offense
=. The name of the offended party
>. The appro?imate time of the
commission of the offense
@. The place wherein the offense
was committed
PURPOSE OF T"E RULE
1. To inform the accused of the
nature and cause of accusation
aainst him.
+. To notify the defendant of the
criminal acts imputed to him so
that he can duly prepare his
defense.
Substantial defect in the information
cannot be cured by evidence that would
"eopardize the accused5s riht to be
informed of the true nature of the
offense he is bein chared with
S&ction :' Nam& o( t*& accus&d'
PURPOSE
The manifest intent of the provision is to
make a specific identification of the
person to whom the commission of an
offense is bein imputed.
S&ction ;' D&si.nation o( t*& o((&ns&'
The information or complaint must state
or desinate the followin whenever
possible8
1. The desination of the offense
iven by the statute.
+. The statement of the acts or
omissions constitutin the
offense, in ordinary, concise and
particular words.
.. The specific 4ualifyin and
aravatin circumstances must
be stated in ordinary and concise
lanuae.
The 4ualifyin and aravatin
circumstances cannot be appreciated
even if proved #0:&SS alleed in the
information.
,n case of alleation of aravatin
circumstance of 2)$,T#): 3&:,0<#&0'-,
it should not be enerally averred. The
information must specify the re4uisite
data reardin8
1. the commission of the crimes9
+. the last conviction or release9
.. the other previous conviction or
release of the accused.
ALLE3ATIONS PREVAIL OVER
DESI3NATION OF T"E OFFENSE IN T"E
INFORMATION
,t is not the desination of the offense in
the complaint or information that is
controllin !People vs. Samillano, 56
SCRA 5%3*9 the facts alleed therein and
not its title determine the nature of the
crime !People vs. &agdo'a, %3 P#il.
512*.
The accused may be convicted of a
crime more serious than that named in
the title or preliminary part if such
crime is covered by the facts alleed in
the body of the information and its
commission is established by evidence
!()#a vs. Co)r o* Appeals, 265 SCRA
%01*.
:imitation on the rule that an accused
may be convicted of a crime which is
S/ecial
1!"
more serious than that named in the
title so lon as the facts alleed the
more serious offense8
)n accused could not be convicted under
one act when he is chared with a
violation of another if the chane from
one statute to the other involves8
a* a chane in the theory of the
trial9
b* re4uires of the defendant a
different defense9 or
c* surprises the accused in any way
!+.S. vs. Panlilio, 2, P#il. 603*
.
S&ction <' Caus& o( t*& accusation'
PURPOSE
1. to enable the court to pronounce
proper "udment9
+. to furnish the accused with such
a description of the chare as to
enable him to make a defense9
.. as a protection aainst further
prosecution for the same cause.

RULE ON NE3ATIVE AVERMENTS
3ENERAL RULE! 7here the statute
penalizes enerally the acts therein
defined and is intended to apply to all
persons indiscriminately, the information
is sufficient even if does not allee that
the accused falls within the e?cepted
situation, for then the complete
definition of the offense is entirely
separable from the e?ceptions and can
be made without reference to the latter.
,n this case, the e?ception is a matter of
defense which the accused has to prove.
ECEPTION! 7here the statute alleed
to have been violated applies only to a
specific class of persons and to special
conditions, the information must allee
facts establishin that the accused falls
within the specific class affected and not
those affected from the coverae of law.
7here neative averment is an essential
element of the crime, it must be proved.
S&ction $%' Plac& o( commission o( t*&
o((&ns&
PURPOSE
To show territorial "urisdiction.
S&ction $$' Dat& o( commission o( t*&
o((&ns&
3ENERAL RULE!
,t is 0OT re4uired that the complaint or
information state with particularity the
/:)'& where the crime was committed
and the 3)T& of the commission of the
crime.
ECEPTION!
,f the /:)'&G3)T& of the commission of
the offense constitutes an essential
element of the offense.
S&ction $4' Nam& o( t*& o((&nd&d
+art,
3ENERAL RULE! The offended party
must be desinated by name, nickname,
any other appellation or by fictitious
name.
ECEPTION! ,n crimes aainst property,
the description of the property must
supplement the alleation that the
owner is unknown.
S&ction $5' Du+licit, o( o((&ns&'
There is duplicity when the complaint or
information chares + or more 3,ST,0'T
or 3,11&R&0T offenses.
3ENERAL RULE!
) complaint or information must chare
only one offense.
ECEPTIONS!
1. 'omple? crimes
+. Special 'omple? crimes
.. 'ontinuous crimes or delicto
continuado
=. 'rimes of which another offense
is an inredient
Should there be duplicity of offense in
the information, the accused must move
for the 4uashal of the same $&1OR&
arrainment
S/ecial
1!1
arrainment, otherwise, he is deemed to
have waived the ob"ection and maybe
found uilty of as many offenses as those
chared and proved durin the trial.
S&ction' $7' Am&ndm&nt or
su=stitution'
>INDS OF AMENDMENT
1. $&1OR& T2& /:&) covers both
substantial and formal
amendment, 7,T2O#T leave of
court.
+. )1T&R T2& /:&) covers only
formal amendment provided8
a* leave of court is obtained
b* such amendment is not
pre"udicial to the rihts of
the accused.
&E'&/T when a fact supervenes
which chanes the nature of the
crime chared in the information
or uprades it to a hiher crime,
in which case, there is a need
for another arrainment of the
accused under the amended
information.
)n amendment is only in form where it
neither affects nor alters the nature of
the offense chared OR where the
chare does not deprive the accused of a
fair opportunity to present his defense
OR where it does not involve a chane in
the basic theory of the prosecution.
Su=stitution ,f it appears at anytime
before "udment that a mistake has been
made in charin the proper offense, the
court shall dismiss the oriinal complaint
or information upon the filin of a new
one charin the proper offense,
provided the accused shall not be placed
in double "eopardy.
:imitation to the rule on substitution8
1. 0o "udment has yet been
rendered.
+. The accused cannot be convicted
of the offense chared or of any
other offense necessarily
included therein.
.. The accused would not be placed
in double "eopardy.
AMENDMENT SU#STITUTION OF
INFORMATION OR
COMPLAINT
(ay involve either
formal or substantial
chanes
,nvolves substantial
chane from the
oriinal chare
)mendment before
the plea has been
entered can be
effected without
leave of court.
Substitution of
information must be
with leave of court as
the oriinal
information has to be
dismissed.
)mendment is only
as to form, there is
no need for another
preliminary
investiation and the
retakin of the plea
of the accused.
)nother preliminary
investiation is
entailed and the
accused has to plead
anew to the new
information
)n amended
information refers to
the same offense
chared in the
oriinal information
or to an offense
which necessarily
includes or is
necessarily included
in the oriinal
chare, hence
substantial
amendments to the
information after the
plea has been taken
cannot be made over
the ob"ection of the
accused, for if the
oriinal information
would be withdrawn,
the accused could
invoke double
"eopardy.
Re4uires or
presupposes that the
new information
involves a different
offense which does
not include or is not
necessarily included
in the oriinal
chare, hence the
accused cannot claim
double "eopardy.
VARIANCE #ET6EEN INDICTMENT AND
PROOF ?Situations Cont&m+lat&d@
1. 7hen the offense proved is less
serious than, and is necessarily
included in, the offense chared,
in which case the defendant
shall be convicted of the offense
proved.
+. 7hen the offense proved is more
serious than and includes the
S/ecial
1!#
offense chared, in which case
the defendant shall be convicted
of the offense chared.
.. 7hen the offense proved is
neither included in, nor does it
include, the offense chared and
is different therefrom, in which
case the court should dismiss the
action and order the filin of a
new information charin the
proper offense.
The third situation set forth above is
substitution of information under Section
1=, Rule 11D.
S&ction $8' Plac& )*&r& action is to =&
institut&d'
PURPOSE
The purpose bein not to compel the
defendant to move to, and appear in a
different court from that of the territory
where the crime was committed, as it
would cause him reat inconvenience in
lookin for his witnesses and other
evidence in another place !$eltran vs.
Ramos, C@ /hil. 1=C*.

VENUE IS JURISDICTIONAL
6enue is "urisdictional as the court has
no "urisdiction to try an offense
committed outside its territorial
"urisdiction. ,t cannot be waived, or
chaned by areement of the parties, or
by the consent of the defendant.
3ENERAL RULE! Sub"ect to e?istin
laws, in all criminal prosecutions, the
action must be instituted and tried in
the courts of the municipality or
territory where the offense was
committed or any of its essential
inredients occurred.
ECEPTIONS TO T"E RULE OF VENUE!
1. 1elonies under )rt. + of the
Revised /enal 'ode
Shall be conizable by the
proper court where the
criminal action was first
filed.
+. 'omple? 'rimes
7here the crime chared is a
comple? crime, the RT' of
any province in which any
one of the essential
elements of such comple?
crime had been committed
has "urisdiction to take
conizance of the offense.
.. Continuin. O((&ns& ; is one
where the elements of which
occur in several places, !unlike a
:O'): O11&0S& ; one which is
fully consummated in one place*
The venue is in the place
where one of its essential
elements was consummated.
=. /iracy The venue of piracy,
unlike all other crimes, has no
territorial limits.
>. :ibel The action may be
instituted at the election of the
offended or suin party in the
province or city8
a* where the libelous article is
printed and first published9
b* if one of the offended
parties is a private
individual, where said
private individual actually
resides at the time of the
commission of the offense9
c* if the offended party is a
public official, where the
latter holds office at the
time of the commission of
the offense.
@. ,n e?ceptional circumstances to
ensure a fair trial and impartial
in4uiry. The S' shall have the
power to order a chane of
venue or place of trial to avoid
miscarriae of "ustice !Section
>J=K, )rticle 6,,,, 1CBA
'onstitution*.
S&ction $9' Int&r-&ntion o( t*&
o((&nd&d +art, in criminal action'
3ENERAL RULE! Offended party has the
riht to intervene by counsel in the
prosecution of the criminal action,
where the civil action for recovery of
S/ecial
1!3
civil liability is instituted in the criminal
action pursuant to Rule 111.
ECEPTIONS!
1. 7here from the nature of the
crime and the law definin and
punishin it, 0O civil liability
arises in favor of the offended
party9 and
+. 7here the offended party has
waived his riht to civil
indemnity OR has e?pressly
reserved his riht to institute a
civil action OR has already
instituted said action.
RULE $$$
PROSECUTION OF CIVIL ACTIONS
S&ction $' Institution o( criminal and
ci-il actions'
3ENERAL RULE!
7hen a criminal action is instituted, the
civil action for the recovery of civil
liability arisin from the offense shall be
deemed instituted with the criminal
action.
ECEPTIONS!
1. when the offended party 7),6&S
the civil action
+. when the offended party
R&S&R6&S his riht to institute a
separate civil action
.. when offended party ,0ST,T#T&S
) ',6,: )'T,O0 /R,OR to the
criminal action.

6"EN RESERVATION S"ALL #E MADE
1. before the prosecution starts to
present its evidence and
+. under circumstances affordin
the offended party to a
reasonable opportunity to make
such reservation.
O0:- the civil liability arisin from the
crime chared as a felony is now deemed
instituted. 'ivil liability arisin from
other sources of obliations are no
loner deemed instituted like those
under )rticle .+, .., .= and +1A@ of the
'ivil 'ode which can be prosecuted even
without reservation.
,n $/ ++ cases, no reservation to file
the civil action separately shall be
allowed.
RULES ON FILIN3 FEES OF CIVIL ACTION
DEEMED INSTITUTED 6IT" T"E
CRIMINAL ACTION
1. 0O filin fees are re4uired for
amounts of )'T#): 3)()F&S,
&E'&/T with respect to criminal
actions for violation of $/ ++, in
which case, the offended party
shall pay in full the filin fees
based on the face value of the
check as the actual damaes9
+. 3amaes other than actual
!moral, e?emplary and other
damaes* if specified in the
complaint or information, the
correspondin filin fees shall be
paid, otherwise the court will
not ac4uire "urisdiction over
such damaes9
.. 7here moral, e?emplary and
other damaes are 0OT specified
in the complaint or information,
the rant and amount thereof
are left to the sound discretion
of the trial court, the
correspondin filin fees need
not be paid and shall simply
constitute a first lien on the
"udment.
'ounterclaims, cross;claims, third
party complaints are no loner allowed
in a criminal proceedin. )ny claim
which could have been the sub"ect
thereof may be litiated in a separate
civil action.
S&ction 4' 6*&n s&+arat& ci-il action is
sus+&nd&d'
PRIMAC0 OF CRIMINAL ACTION OVER
CIVIL ACTION
1. )fter the filin of the criminal
action, the civil action which has
been reserved ')00OT be
instituted until final "udment
has been rendered in the
criminal action.
S/ecial
1!!
+. ,f the civil action is instituted
$&1OR& the filin of the criminal
action and the criminal action is
subse4uently commenced, the
pendin civil action shall be
suspended until final "udment
in the criminal action has been
rendered.
ECEPTIONS!
a* ,n cases of independent civil
actions based upon )rts. .+, ..,
.= and +1A@ of the 'ivil 'ode9
b* ,n cases where the civil action
presents a pre"udicial 4uestion9
c* ,n cases where the civil action is
consolidated with the criminal
action9 and
d* 7here the civil action is not one
intended to enforce the civil
liability arisin from the offense.
ACQUITTAL IN A CRIMINAL CASE DOES
NOT #AR T"E FILIN3 OF T"E CIVIL CASE
6"ERE!
1. the ac4uittal is based on
reasonable doubt, if the civil
case has been reserved
+. the decision contains a
declaration that the liability of
the accused is not criminal but
only civil in nature and
.. the civil liability is not derived
from or based on the criminal
act of which the accused is
ac4uitted !Sapiera vs. Co)r o*
Appeals, 31- SCRA 3%0*.
&?tinction of the penal action does not
carry with it the e?tinction of the civil
action, #0:&SS the e?tinction proceeds
from a declaration in a final "udment
that the fact from which the civil
liability miht arise did not e?ist.
The e?tinction of the civil liability
refers e?clusively to civil liability arisin
from crime9 whereas, the civil liability
for the same act considered as a 4uasi;
delict is not e?tinuished even by a
declaration in the criminal case that the
criminal act chared has not happened
or has not been committed by the
accused.
7here the criminal case was dismissed
before trial because the offended party
e?ecuted an affidavit of desistance, the
civil action thereof is similarly
dismissed.
S&ction 5' 6*&n ci-il action ma,
+roc&&d ind&+&nd&ntl,'
The institution of an independent civil
action aainst the offender under
)rticles .+, .., .= and +1A@ of the 'ivil
'ode may proceed independently of the
criminal case and at the same time
without suspension of either proceedin.
Recovery of civil liability under )rticles
.+, .., .= and +1A@ of the 'ivil 'ode
arisin from the same act or omission
may be prosecuted separately even
without a reservation. The reservation
and waiver herein refers only to the civil
action for the recovery of civil liability
arisin from the offense chared !D&P.
/mployees Credi Coop vs. 0ele1, 2.R.
No. 12$2,2, Nov. 2$, 2001*.
PURPOSE
To prevent the offended party from
recoverin damaes twice for the same
act or omission.
S&ction 7' E((&ct o( d&at* on ci-il
actions'
)1T&R arrainment and durin the
pendency of the criminal action ;
e?tinuishes the civil liability arisin
from the delict.
$&1OR& arrainment ; the case shall be
3S(,SS&3 without pre"udice to any civil
action the offended party may file
aainst the estate of the deceased.
2owever, the independent civil action
instituted under Section . of this Rule or
which thereafter is instituted to enforce
liability arisin from other sources of
obliation may be continued aainst the
estate or leal representative of the
accused after proper substitution or
aainst said estate, as the case may be.
S/ecial
1!5
S&ction :' El&m&nts o( +r&1udicial
/u&stion'
Pr&1udicial Qu&stion ; that which arises
in a case, the resolution of which is the
loical antecedent of the issue involved
therein, and the conizance of which
pertains to another tribunal. ,t must be
determinative of the case before the
court but the "urisdiction to try and
resolve the 4uestion must be loded in
another court or tribunal.
Rational&! to avoid two conflictin
decisions.
ELEMENTS OF A PREJUDICIAL QUESTION
1. The civil action must be
instituted prior to the criminal
action.
+. The civil action involves an issue
similar or intimately related to
the issue raised in the criminal
action.
.. The resolution of such issue
determines whether or not the
criminal action may proceed.
6"ERE TO FILE PETITION FOR
SUSPENSION #0 REASON OF
PREJUDICIAL QUESTION
1. Office of the prosecutor9 or
+. court conductin the preliminary
investiation9 or
.. court where the criminal action
has been filed for trial at any
time before the prosecution
rests.
RULE $$4
PRELIMINAR0 INVESTI3ATION
S&ction $' Pr&liminar, In-&sti.ation
d&(in&dA )*&n r&/uir&d'
Pr&liminar, In-&sti.ation ; is an in4uiry
or proceedin to determine whether
there e?ists sufficient round to
enender a well;founded belief that a
crime has been committed and that the
respondent is probably uilty thereof,
and should be held for trial. !Sec. 1,
Rule 11+*
/reliminary ,nvestiation is re4uired to
be conducted $&1OR& the filin of a
complaint or information for an offense
where the penalty prescribed by law is
at least = years, + months and 1 day
without reard to the fine.
There is 0O riht of preliminary
investiation under Section A, Rule 11+
when a person is :)71#::- arrested
unless there is a waiver of the provisions
of )rticle 1+> of the Revised /enal 'ode.

2O7&6&R, the accused can ask for
/reliminary ,nvestiation in the followin
cases8
1. if a person is arrested, he can
ask for preliminary investiation
$&1OR& the filin of the
complaintGinformation $#T he
must sin a waiver in accordance
with )rticle 1+>, R/'.
+. )1T&R the filin of the
informationGcomplaint, the
accused may, within > days from
the time he learns of its filin
ask for preliminary investiation.
PURPOSES
1. to determine whether a crime
has been committed and
whether there is probable cause
to believe that the accused is
uilty thereof9
+. to preserve evidence and keep
the witnesses within the control
of the State9
.. to determine the amount of bail,
if the offense is bailable.
PRELIMINAR0 INVESTI3ATION!
PERSONAL STATUTOR0 RI3"T
The riht to preliminary investiation is
a personal riht covered by statute and
may be waived e?pressly or by
implication.
)bsence of preliminary investiation
does not affect the "urisdiction of the
court or invalidate the information if no
ob"ection was raised by the accused.
S/ecial
1!6
REMEDIES OF T"E ACCUSED IF T"ERE
6AS NO PRELIMINAR0 INVESTI3ATION
1. Refuse to enter a plea upon
arrainment and ob"ect to
further proceedins upon such
round
+. ,nsist on a preliminary
investiation
.. 1ile a certiorari, if refused
=. Raise lack of preliminary
investiation as error on appeal
>. 1ile for prohibition
)s preliminary investiation is 0OT a
part of the trial, the dismissal of the
case by the investiator will not
constitute double "eopardy and will not
bar the filin of another complaint for
the same offense, but if re;filed, the
accused is entitled to another
preliminary investiation !#.S. vs.
(arfori, .> /hil. @@@*.
S&ction 4' O((ic&rs aut*oriB&d to
conduct +r&liminar, in-&sti.ation'
PERSONS AUT"ORICED TO CONDUCT A
1. /rovincial or city fiscal and their
assistants
+. %udes of the (T' and ('T'
.. 0ational and reional state
prosecutors
=. Such other officers as may be
authorized by law such as8 the
'O(&:&', Ombudsman and
/'FF
S&ction 5' Proc&dur&
,f respondent cannot be subpoenaed, or
if subpoenaed but does not submit his
counter;affidavit within 1D days,
investiatin officer shall resolve the
complaint based on the evidence
presented by the complainant.
RI3"TS OF RESPONDENT IN A
1. to submit counter;affidavits
+. to e?amine evidence submitted
by the complainant
.. to be present in the clarificatory
hearin.
The Rules do not re4uire the presence of
the respondent in the /reliminary
,nvestiation, what is re4uired is that he
S/ecial
2earin !optional*. ,t shall be held
within 1D days from submission of
counter;affidavits or from the
e?piration of the period of their
submission.
Resolution of
investigating prosecutor
(Sec. 4 & 5).
1ilin of the complaint
accompanied by the affidavits
and supportin documents.
7ithin 1D days after the filin, the
investiatin officer shall either
dismiss or issue subpoena.
,f subpoena is issued,
respondent shall submit a
counter;affidavit and other
supportin documents within 1D
days from receipt thereof.
1!7
be iven the opportunity to controvert
the evidence of the complainant by
submittin counter;affidavits.
S&ction 9' 6*&n )arrant o( arr&st ma,
issu&
Pro=a=l& Caus& D presupposes a
reasonable round for belief in the
e?istence of facts warrantin the
proceedins complained of9
; an apparent
state of facts found to e?ist upon
reasonable in4uiry which would induce a
reasonably intellient and prudent man
to believe that the accused person had
committed the crime chared.
,f the "ude finds probable cause, he
shall issue a warrant of arrest, or a
commitment order if the accused had
already been arrested and hold him for
trial. ,f the "ude is satisfied that there
is no necessity for placin the accused
under custody, he may issue summons
instead of warrant of arrest.
The RT' "ude need 0OT personally
e?amine the complaint and witnesses in
the determination of probable cause for
the issuance of the warrant of arrest. 2e
is only re4uired to8
1. /ersonally evaluate the report
and the supportin documents
submitted durin the preliminary
investiation by the fiscal9 and
+. On the basis thereof he may8
a* 3ismiss9
b* ,ssue warrant9 or
c* Re4uire further affidavits.
INSTANCES 6"EN MTC MA0 CONDUCT
PRELIMINAR0 INVESTI3ATION!
1. cases conizable by the RT' may
be filed with the (T' for
preliminary investiation9
+. cases conizable by the (T'
because it is an offense where
the penalty prescribed by law is
at least four !=* years, two !+*
months and one !1* day without
reard to the fine.
,n either situation, the (T' is
authorized to issue a warrant of arrest if
there is necessity of placin the
respondent under immediate custody, in
order not to frustrate the ends of
"ustice.
CONDITIONS #EFORE T"E
INVESTI3ATIN3 MUNICIPAL TRIAL JUD3E
CAN ISSUE A 6ARRANT OF ARREST
!2errera, p. +B+*
1. 2ave e?amined in writin and
under oath the complainant and
his witnesses by searchin
4uestions and answers9 searchin
4uestions and answers such
4uestions as may have the
tendency to show the
commission of the crime and the
perpetrator thereof9
+. $e satisfied that a probable
cause e?ists9 and
.. That there is a need to place the
respondent under immediate
custody in order not to frustrate
the ends of "ustice.
,f the (T' "ude found probable cause
but did not believe that the aforesaid
conditions were met, he cannot be
compelled by mandamus to issue the
same.
REMED0! The provincial fiscal, if he
believes that the accused should be
immediately placed in custody, may file
the correspondin information so that
the RT' may issue the necessary warrant
of arrest !Sam)lde vs. Salvani, 3r., 2.R.
No. %,606, Sep. 26, 1$,,*.
7hile the "ude may rely on the fiscal5s
certification thereof, the same is 0OT
conclusive on him as the issuance of said
warrant calls for the e?ercise of "udicial
discretion and, for that purpose, the
"ude may re4uire the submission of
affidavits of witnesses to aid him in
arrivin at the proper conclusion, OR he
may re4uire the fiscal to conduct further
preliminary investiation or
reinvestiation.
INSTANCES 6"EN 6ARRANT OF ARREST
NOT NECESSAR0
1. if the accused is already under
detention9
S/ecial
1!8
+. if the complaint or information
was filed after the accused was
lawfully arrested without
warrant9
.. if the offense is punishable by
fine only.
S&ction :' 6*&n accus&d la)(ull,
arr&st&d )it*out )arrant'
T6O SITUATIONS CONTEMPLATED
UNDER T"IS RULE!
1. 7hen a person is lawfully
arrested without a warrant for
an offense re4uirin a
preliminary investiation !sec. 1,
Rule 11+* and no complaint or
information has yet been filed,
he may ask for a preliminary
investiation by sinin a waiver
of the provisions of )rt. 1+> of
the R/' in the presence of his
counsel.
+. 7hen the complaint or
information was filed without
preliminary investiation, the
accused may, within > days from
the time he learns of the filin
of the information, ask for a
preliminary investiation with
the same riht to adduce
evidence in his favor in the
manner prescribed in this Rule.
The >;day period is ()03)TOR-, failure
to file the motion within the said period
amounts to waiver of the riht to ask for
preliminary investiation.
7here the information was amended
without a new preliminary investiation
havin been conducted, the >;day period
is computed from the time the accused
learns of the filin of said amended
information.

7here the trial court has ranted a
motion for reinvestiation, it must hold
in abeyance the arrainment and trial of
the
the accused until the prosecutor shall
have conducted and made a report on
the result of such reinvestiation.
The riht to bail pendin /reliminary
,nvestiation under Section A, Rule 11+,
a person lawfully arrested may post bail
before the filin of the information or
even after its filin without waivin his
riht to preliminary investiation,
provided that he asks for a preliminary
investiation by the proper officer within
the period fi?ed in the said rule !People
vs. Co)r o* Appeals, &ay 2$, 1$$5*.
S&ction ;' R&cords
Records of the preliminary investiation
shall 0OT automatically form part of the
records of the case. 'ourts are not
compelled to take "udicial notice
thereof. ,t must be introduced as an
evidence.
S&ction <' Cas&s not r&/uirin. a
+r&liminar, in-&sti.ation nor co-&r&d
=, t*& Rul& on Summar, Proc&dur&'
PROCEDURE TO #E FOLLO6ED IN CASES
6"IC" DO NOT REQUIRE PRELIMINAR0
INVESTI3ATION
1. &valuate the evidence presented
+. 'onduct searchin 4uestions or
answers
.. Re4uire the submission of
additional evidence
1or cases under the Revised Rules on
Summary /rocedure, no warrant shall be
issued e?cept where the accused fails to
appear after bein summoned.
,f the complaint is filed with the
prosecutor involvin an offense
punishable by imprisonment of less than
= years, + months and 1 day, the
procedure in Rule 11+, Section . !a* shall
be observed.
,f the complaint is filed with the (T',
the same procedure under Rule 11+,
Section . !a* shall be observed.
RULE $$5
ARREST
S&ction $' D&(inition o( arr&st'
S/ecial
1!
Arr&st E the takin of a person into
custody in order that he may be bound
to answer for the commission of an
offense !Sec. 1 Rule 11.*.
Mod&s o( Arr&st
1. arrest by virtue of a warrant
+. arrest without a warrant under
e?ceptional circumstances as
may be provided by statute !Sec.
>, Rule 11.*.
ESSENTIAL REQUISITES OF A VALID
6ARRANT OF ARREST
1. ,t must be issued upon probable
cause which must be determined
personally by a "ude after
e?amination under oath or
affirmation of the complainant
and the witnesses he may
produce
+. The warrant must particularly
describe the person to be seized
) warrant of arrest has 0O e?piry date.
,t remains valid until arrest is effected
or warrant is lifted.
REMED0 FOR 6ARRANTS IMPROPERL0
ISSUED
7here a warrant of arrest was
improperly issued, the proper remedy is
a petition to 4uash it, 0OT a petition for
habeas corpus, since the court in the
latter case may only order his release
but not en"oin the further prosecution or
the preliminary e?amination of the
accused !Alimpoos vs. Co)r o* Appeals,
106 SCRA 15$*.
/ostin of bail does not bar one from
4uestionin illeal arrest !Section +@,
Rule 11=, Rules of 'ourt*.
S&ction 4' Arr&stA *o) mad&'
MODES OF EFFECTIN3 ARREST
1. $y an actual restraint of the
person to be arrested.
+. $y his submission to the custody
of the person makin the arrest.
#pon arrest, the followin may be
confiscated from the person arrested8
1. Ob"ects sub"ect of the offense or
used or intended to be used in
the commission of the crime9
+. Ob"ects which are the fruits of
the crime9
.. Those which miht be used by
the arrested person to commit
violence or to escape9
=. 3anerous weapons and those
which may be used as evidence
in the case.
S&ction 8' Arr&st )it*out )arrantA
)*&n la)(ul
LA6FUL 6ARRANTLESS ARREST
1. 7hen, ,0 2,S /R&S&0'&, the
person to be arrested has
committed, is actually
committin, or is attemptin to
commit an offense !in flarante
delicto arrests*9
+. 7hen an offense has in fact "ust
been committed, and he has
probable cause to believe based
on /&RSO0): L0O7:&3F& of
fact and circumstance that the
person to be arrested has
committed it9 !3octrine of 2ot
/ursuit*
.. 7hen the person to be arrested
is a prisoner who has escaped
from a penal establishment or
place where he is servin final
"udment or temporarily
confined while his case is
pendin, or has escaped while
bein transferred from one
confinement to another.
=. 7here a person who has been
lawfully arrested escapes or is
rescued !Sec. 1., Rule 11.*9
>. $y the bondsman for the purpose
of surrenderin the accused
!Sec. +., Rule 11=*9 and
@. 7here the accused attempts to
leave the country without
permission of the court !Sec. +.,
Rule 11=*.
,f the arrest was effected without
warrant, the arrestin officer must
comply with the provisions of )rt. 1+> of
S/ecial
15"
the R/', otherwise, he may be held
criminally liable for arbitrary detention
under )rticle 1+= of the R/'.
RULES ON ILLE3ALIT0 OF ARREST
1. )n accused who enters his plea
of 0OT uilty and participates in
the trial waives the illeality of
the arrest. Ob"ection to the
illeality must be raised before
arrainment, otherwise it is
deemed waived, as the accused,
in this case, has voluntarily
submitted himself to the
"urisdiction of the court.
+. ,lleality of warrantless arrest
maybe cured by filin of an
information in court and the
subse4uent issuance by the
"ude of a warrant of arrest.
.. Once a person has been duly
chared in court, he may no
loner 4uestion his detention by
petition for habeas corpus, his
remedy is to 4uash the
information andGor the warrant
of arrest.
S&ction 9' Tim& o( maFin. arr&st'
#nlike a search warrant which must be
served only in daytime, an arrest may be
made on any day and at any time of the
day or niht, even on a Sunday. This is
"ustified by the necessity of preservin
the public peace.
S&ction :' M&t*od o( arr&st o( o((ic&r
=, -irtu& o( )arrant'
#nder this rule, an arrest may be made
even if the police officer is not in
possession of the warrant of arrest
!(allari vs. 'ourt of )ppeals, +@> S'R)
=>@*. &?hibition of the warrant prior to
the arrest is not necessary. 2owever, if
after the arrest, the person arrested so
re4uires, the warrant shall be shown to
him as soon as practicable.
S&ction ;' M&t*od o( arr&st =, o((ic&r
)it*out )arrant'
S&ction <' M&t*od o( arr&st =, +ri-at&
+&rson'
CitiB&nGs arr&st ; arrest effected by a
private person.
M&t*od o(
arr&st
EHc&+tion to
t*& rul& on
.i-in.
in(ormation
Sec. A The officer
shall inform
the person to
be arrested
the cause of
the arrest and
the fact that
the warrant
has been
issued for his
arrest.
Not&! The
officer need
not have the
warrant in his
possession at
the time of
the arrest $#T
must show the
same after the
arrest, if the
person
arrested so
re4uires.
1. when the
person to be
arrested flees9
+. when he
forcibly resists
before the
officer has an
opportunity to
inform him9
and
.. when the
ivin of such
information
will imperil the
arrest.
Sec. B The officer
shall inform
the person to
be arrested of
his authority
and the cause
of the arrest
wGout a
warrant
1. when the
person to be
arrested is
enaed in the
commission of
an offense or is
pursued
immediately its
commission9
+. when he
has escaped,
flees, or
forcibly resists
before the
officer has an
opportunity to
so inform him9
S/ecial
151
and
.. when the
ivin of such
information
will imperil the
arrest.
Sec. C The private
person shall
inform the
person to be
arrested of
the intention
to arrest him
and the cause
of the arrest.
0ote8 /rivate
person must
deliver the
arrested
person to the
nearest police
station or "ail,
otherwise, he
may be held
criminally
liable for
illeal
detention.
1. when the
person to be
arrested is
enaed in the
commission of
an offense or is
pursued
immediately its
commission9
+. when he
has escaped,
flees, or
forcibly resists
before the
officer has an
opportunity to
so inform him9
and
.. when the
ivin of such
information
will imperil the
arrest.
S&ction $%' O((ic&r ma, summon
assistanc&'
Only an officer makin the arrest is
overned by the rule. ,t does not cover a
private individual makin an arrest.
S&ction $$' Ri.*t o( o((ic&r to =r&aF
into =uildin. or &nclosur&'
Re4uisites before an officer can break
into a buildin or enclosure to make an
arrest8
1. That the person to be arrested is
or is reasonably believed to be in
said buildin9
+. That he has announced his
authority and purpose for
enterin therein9
.. That he has re4uested and been
denied admittance.
Fenerally, a lawful arrest may be made
anywhere, even on private property or in
a house. This rule is applicable both
where the arrest is under a warrant, and
where there is valid warrantless arrest.
S&ction $4' Ri.*t to =r&aF out o( t*&
=uildin. or &nclosur& to &((&ct r&l&as&'
) private person makin an arrest
')00OT break in or out of a buildin or
enclosure because only officers are
allowed by law to do so.
S&ction $5' Arr&st a(t&r &sca+& or
r&scu&'
7here a person lawfully arrested
escapes or is rescued, any person may
immediately pursue or retake him
without a warrant at any time and in any
place within the country. The pursuit
must be immediate.
S&ction $7' Ri.*t o( Attorn&, or
r&lati-& to -isit +&rson arr&st&d'
R) A=.B defined certain rihts of persons
arrested, detained, or under custodial
investiation, with the penalties for
violations thereof.
RULE $$7
#AIL
S&ction $' #ail d&(in&d'
#ail ;; the security iven for the release
of a person in custody of the law,
furnished by him or a bondsman,
conditioned upon his appearance before
any court as re4uired under the
conditions specified by the rule !Sec. 1,
Rule 11=*.
) person is in the custody of law when
he has been either arrested or otherwise
deprived of his freedom or when he has
voluntarily submitted himself to the
"urisdiction of the court by surrenderin
to the proper authorities.
S/ecial
15#
)ll persons, e?cept those chared with
offenses punishable by reclusion
perpetua when evidence of uilt is
stron, shall, before conviction, be
bailable by sufficient sureties, or be
released on reconizance as may be
provided by law !Section 1., )rticle ,,,,
1CBA 'onstitution*.
Forms o( =ail!
1. corporate surety
+. property bond
.. cash deposit
=. reconizance
#AIL#OND RECO3NICANCE
)n obliation under
seal iven by the
accused with one or
more sureties, and
made payable to the
proper officer with
the condition to be
void upon
performance by the
accused of such acts
as he may leally be
re4uired to perform
an obliation of
record, entered into
before some court or
maistrate duly
authorized to take it,
with the condition to
do some particular
act9
/rosecution witnesses may also be
re4uired to post bail to ensure their
appearance at the trial of the case
where8
1. there is a substitution of
information !Sec. =, Rule11D*,
and
+. where the court believes that a
material witness may not appear
at the trial !Sec. 1=, Rule 11C*.
S&ction 4' Conditions o( t*& =ailA
r&/uir&m&nts'
CONDITIONS OF #AIL
1. The undertakin shall be
effective upon approval, and,
unless cancelled, shall remain in
force at all staes of the case
until promulation of the
"udment of the RT',
irrespective of whether the case
was oriinally filed in or
appealed to it9
+. The accused shall appear before
the proper courts whenever so
re4uired by the court or these
Rules9
.. The failure of the accused to
appear at the trial without
"ustification despite due notice
shall be deemed a waiver of his
riht to be present thereat. ,n
such case, the trial may proceed
in absentia9
=. The bondsman shall surrender
the accused to court for
e?ecution of the final "udment.
0o additional conditions can be imposed.
) detention prisoner who escaped waives
his riht to cross;e?amination !3imene1
v. Na1areno*.
$y filin a fake bail bond, an appellant is
deemed to have escaped from
confinement durin the pendency of his
appeal and in the normal course of
thins, his appeal should be dismissed.
0o release or transfer e?cept on court
order or bail.
0o person under detention by leal
process shall be released or transferred
e?cept upon order of the court or when
he is admitted to bail !Sec. .*.
S&ction 7' #ailI a matt&r o( ri.*tA
&Hc&+tion'
7hen a matter of riht8
1. before or after conviction in the
lower courts9 )03
+. before conviction by the RT',
&E'&/T when the imposable
penalty is death, reclusion
perpetua or life imprisonment
and evidence of uilt is stron.
,n instances where bail is a matter of
riht and the bail to be ranted is based
on the recommendation of the
prosecution as stated in the information
or complaint, a hearin is 0OT necessary.
$ut where, however, there is a reduction
of bail as recommended or after
S/ecial
153
conviction by the RT' of an offense not
punishable by death, reclusion perpetua,
or life imprisonment wherein the rant
of bail is discretionary, there must be a
hearin before a bail is ranted in order
to afford the prosecution the chance to
oppose it !(angayan vs. ()a4an, 3-5
SCRA 301*.
The prosecution cannot adduce evidence
for the denial of bail where it is a matter
of riht. 2owever, where the rant of
bail is discretionary, the prosecution may
show proof to deny the bail.
)n e?traditee is not entitled to bail. The
'onstitutional provision on $ail as well
as Sec. = of Rule 11= applies only when a
person has been arrested and detained
for violation of /hilippine 'riminal laws.
,t does not apply to e?tradition
proceedins because e?tradition courts
do not render "udments of conviction or
ac4uittal !2ov. o* +S vs. 3)dge
P)rganan, Sep. 2-, 2002*.
S&ction 8' #ailI )*&n
discr&tionar,'
RULES ON AVAILA#ILIT0 OF #AIL
1. Reardless of stae of the
criminal prosecution, no bail
shall be allowed if the accused is
chared with a capital offense or
an offense punishable by
reclusion perpetua )03 the
evidence of uilt is stron !Sec.
A*9
+. $efore and after conviction by
the (T', (unicipal Trial 'ourt or
('T', bail is a matter of riht
!Sec.=*.
.. $efore conviction by the RT'
whether in the e?ercise of its
oriinal or appellate "urisdiction,
bail is a matter of riht. !Sec.=*
=. #pon conviction by the RT' of an
offense not punishable by death,
reclusion perpetua or life
imprisonment, admission to bail
is discretionary !Sec. >*9
>. )fter conviction by the RT'
wherein a penalty of
imprisonment e?ceedin @ but
not more than +D years is
imposed, and not one of the
circumstances below is present
and proved, bail is a matter of
discretion !Sec.>*.
a* Recidivism, 4uasi;recidivism
or habitual delin4uency or
commission of crime
aravated by the
circumstances of reiteration.
b* /revious escape from leal
confinement, evasion of
sentence or violation of the
conditions of bail without
valid "ustification.
c* 'ommission of the offense
while on probation, parole or
under conditional pardon
d* 'ircumstance of the accused
or his case indicates the
probability of fliht if
released on bail
e* #ndue risk of commission of
another crime by the
accused durin pendency of
appeal.
@. )fter conviction by the RT'
imposin a penalty of
imprisonment e?ceedin @ years
but not more than +D years and
any of the circumstance
enumerated above and other
similar circumstance is present
and proved, no bail shall be
ranted !Sec.>*9
A. )fter "udment has become final
unless accused applied for
probation before commencin to
serve sentence of penalty and
offense within purview of
probation law !Sec. +=*.
S&ction 9' Ca+ital O((&ns&I d&(in&d'
Ca+ital O((&ns& is an offense which,
under the law e?istin at the time of its
commission )03 at the time of the
application to be admitted to bail, may
be punished with death.
,f the law at the time of commission
does not impose the death penalty, the
subse4uent amendment of the law
increasin the penalty cannot apply to
S/ecial
15!
the case, otherwise it would be e? post
facto, and penalties are determined by
the law at the time of the commission of
the offense.
,f the law at the time of the application
for bail has amended the prior law which
imposed the death penalty by reducin
such penalty, such favorable law
enerally has a retroactive effect.
S&ction :' Ca+ital O((&ns& not =aila=l&'
'apital offense or those punishable by
reclusion perpetua, life imprisonment or
death are 0OT $),:)$:& when evidence
of uilt is stron.
ECEPTION! ,f the accused chared with
a capital offense is a minor.
S&ction ;' #urd&n o( +roo( in =ail
a++lication'
The hearin should be summary or
otherwise in the discretion of the court
but the riht of the prosecution to
control the 4uantum of evidence and the
order of presentation of witnesses must
be e4uated with the purpose of the
hearin to determine the bailability of
the accused.
The burden of provin that the evidence
of uilt is stron lies within the fence of
the prosecution. !Comia vs. Anona, 33%
SCRA 656*
&vidence of uilt is stron when proof is
evident or the presumption of uilt is
stron. The test is 0OT whether the
evidence establishes uilt beyond
reasonable doubt but rather whether it
shows
shows evident uilt or a reat
presumption of uilt.
S&ction <' Amount o( =ailA .uid&lin&s'
FACTORS TO #E CONSIDERED IN FIIN3
T"E REASONA#LE AMOUNT OF #AIL
?NOT ECLUSIVE@
1. 1inancial ability of the accused
to ive bail9
+. 0ature and circumstances of the
offense9
.. /enalty for the offense chared9
=. 'haracter and reputation of the
accused9
>. )e and health of the accused9
@. 7eiht of evidence aainst the
accused9
A. /robability of the accused
appearin at the trial9
B. 1orfeiture of other bail9
C. The fact that the accused was a
fuitive from "ustice when
arrested9 and
1D. /endency of other cases when
the accused is on bail
$ail must not be in a prohibitory
amount. &?cessive bail is not to be
re4uired for the purpose of preventin
the accused from bein admitted to bail.
S&ction $$' Pro+&rt,I *o) +ost&d'
Pro+&rt, #ond is an undertakin
constituted as a lien on the real property
iven as security for the amount of the
bail !sec11*9
,t is re4uired that the annotation of a
lien on the land records of the property
posted as bail, otherwise the property
bail bond shall be cancelled.
S&ction $4' Quali(ications o( sur&ti&s in
+ro+&rt, =ond'
/hilippine residency is re4uired of a
property bondsman. The reason for this
is that bondsmen in criminal cases,
residin outside of the /hilippines, are
not within the reach of the processes of
its courts !0illase"or vs. Abano, 21 SCRA
312*.
S&ction $5' Justi(ication o( sur&ti&s'
The purpose of the rule re4uirin the
affidavit of 4ualification by the surety
before the "ude, is to enable the latter
to determine whether or not the surety
S/ecial
155
possesses the 4ualification to act as
such, especially his financial worth.
The "ustification bein under oath, any
falsity introduced thereto by the surety
upon a matter of sinificance would
render him liable for per"ury.
S&ction $7' D&+osit o( cas* as =ail'
EFFECT OF DEPOSITIN3 CAS" AS #AIL
)ccused shall be dischared from
custody as it is considered as bail.
S&ction $8' R&co.niBanc&
R&co.niBanc& ; an obliation of record,
entered into before some court or
officer authorized to take it with a
condition to do some particular act and
the accused is often allowed to obliate
himself to answer the chare.
S&ction $9' #ail )*&n not r&/uir&dA
r&duc&d =ail on r&co.niBanc&'
,nstances wherein the accused may be
released on reconizance, without
puttin bail or on reduced bail8
')0 $&
R&:&)S&3
7,T2O#T $),:
1. Offense chared is
violation of an
ordinance, liht
felony or a criminal
offense, the
imposable penalty
wherefore does not
e?ceed @ months of
imprisonment andGor
fine of / +,DDD under
R.).@D.@.
+. 7here the accused
has applied for
probation and
before the same has
been resolved but no
bail was filed or the
accused is incapable
of filin one, in
which case he may
be released on
reconizance
.. ,n case of a
youthful offender
held for physical or
mental e?amination,
trial or appeal, if
unable to furnish bail
and under the
circumstances under
/3 @D., as amended
O0 R&3#'&3
$),: OR O0 2,S
O70
R&'OF0,M)0'&
) person in custody for a
period e4ual to or more
than the minimum of the
principal penalty
prescribed for the
offense chared, without
application of the
indeterminate sentence
law or any modifyin
circumstance shall be
released on reduced bail
or on his own
reconizance.
#03&R T2&
R&6,S&3 R#:&S
O0 S#(()R-
/RO'&3#R&
Feneral Rule8 no bail
&?ception8
1. 7hen a warrant of
arrest is issued for
failure to appear when
re4uired by the court
+. 7hen the accused
; is a recidivist9
; is a fuitive from
"ustice9
; is chared with
physical in"uries
; does not reside in the
place where the
violation of the law or
ordinance is
committed9 or
;has not reside in the
place where the
violation of the law or
ordinance is
committed9 or
;has no known
residence
S&ction $:' #ailI )*&r& (il&d'
1. (ay be filed with the court
where the case is pendin, or in
the absence or unavailability of
the "ude thereof, with another
S/ecial
156
branch of the same court within
the province or city.
+. 7henever the rant of bail is a
matter of discretion, or the
accused seeks to be released on
reconizance,
.. the application therefor may be
filed only in the particular court
where the case is pendin,
whether for preliminary
investiation, trial or appeal.
=. )ny person in custody who is not
yet chared in court may apply
for bail with any court in the
province, city or municipality
where he is held.
S&ction $;' Notic& o( a++lication to
+ros&cutor'
Such notice is necessary because the
burden of provin that the evidence of
uilt is stron is on the prosecution and
that the discretion of the court in
admittin the accused to bail can only
be e?ercised after the fiscal has been
heard reardin the nature of the
evidence in his possession. !People vs.
Raba, 130 P#il. 3,-*
S&ction $<' R&l&as& on =ail'
Once the accused has been admitted to
bail, h is entitled to immediate release
from custody. )n officer who fails or
refuses to release him from detention
notwithstandin the approval by the
proper court of his bailbond, may be
held liable under )rticle 1+@ of the
Revised /enal 'ode for delayin release.
S&ction 4%' Incr&as& or r&duction o(
=ail'
The uidelines provided for in Section C,
Rule 11=, in fi?in the amount of bail are
also applicable in reducin or increasin
the bail previously fi?ed.
7here the offense is bailable as a
matter of riht, the mere probability
that the accused will escape, or even if
he had previously escaped while under
detention, does not deprive him of his
riht to bail. The remedy is to increase
the amount of the bail, provided such
amount would not be e?cessive. !Sy
2)an vs. Amparo, %$ P#il. 6%0*
S&ction 4$' For(&itur& o( =ail'
7ithin .D days from the failure of the
accused to appear in person as re4uired,
the bondsmen must8
). /RO3#'& the body of their
principal or ive the reason for
his non;production9 )03
$. &E/:),0 why the accused did not
appear before the court when
first re4uired to do so.
The .D;day period ranted to the
bondsmen to comply with the two
re4uisites for the liftin of the order of
forfeiture cannot be shortened by the
court but may be e?tended for ood
cause shown.
.
ORDER OF FORFEITURE VS' ORDER OF
CONFISCATION
1. an OR3&R O1 1OR1&,T#R& is
conditional and interlocutory,
there bein somethin more to
be done such as the production
of the accused within .D days as
provided by the rules an order of
forfeiture is not appealable
+. an OR3&R O1 'O01,S')T,O0 is
not independent of the order of
the order of forfeiture. ,t is a
"udment ultimately determinin
the liability of the surety
thereunder, and therefore final
and e?ecution may issue at once.
S&ction 44' Canc&llation o( =ail=ond'
INSTANCES 6"EN #AIL #OND CAN #E
CANCELLED
1. upon application by the
bondsman with notice to the
fiscal and upon surrender of the
accused9 and
+. upon proof that the accused
died.
The bail bond is automatically cancelled
upon the ac4uittal of the accused or
dismissal of the case or e?ecution of the
S/ecial
157
final order of conviction, without
pre"udice to any liability on the bond
incurred prior to their dischare.
MET"ODS #0 6"IC" SURETIES MA0
RELIEVE T"EMSELVES FROM
RESPONSI#ILITIES
a. )rrest the principal and deliver
him to the proper authorities9
b. They may cause his arrest to be
made by any police officer or
other person of suitable ae or
discretion9 or
c. $y endorsin the authority to
arrest upon a certified copy of
the undertakin and deliverin it
to such officer or person
S&ction 45' Arr&st o( accus&d out on
=ail'
)n accused released on bail may be re;
arrested without a warrant if he
attempts to depart from the /hilippines
without prior permission of the court
where the case is pendin.
S&ction 47' No =ail a(t&r (inal
1ud.m&ntA &Hc&+tion'
3ENERAL RULE! The finality of the
"udment terminates the criminal
proceedin. $ail becomes of no avail.
The "udment contemplated is a
"udment of conviction. The "udment is
final if the accused does not appeal the
conviction.
0o bail shall be ranted after "udment,
if the case has become final even if
continued confinement of the accused
would be detrimental or danerous to his
health. The remedy would be to submit
him to medical treatment or
hospitalization.
ECEPTION! ,f the accused applies for
probation he may be allowed temporary
liberty under his e?istin bail bond, or if
no bail was filed, or is incapable of filin
one, he may be released on
reconizance to the custody of a
responsible member of the community
The application for probation must be
filed within the period of perfectin an
appeal. Such filin operates as a waiver
of the riht to appeal. The accused in
the meantime, is entitled to be released
on bail or reconizance. !Sec. =, /3 C@B,
as amended*
S&ction 48' Court su+&r-ision o(
d&tain&&s'
The employment of physical,
psycholoical or deradin punishment
aainst any prisoner or detainee or the
use of substandard or inade4uate penal
facilities under subhuman conditions
shall be dealt with by law !Section 1C!+*,
)rticle ,,,, 1CBA 'onstitution*.
S&ction 49' #ail not a =ar to o=1&ction
on ill&.al arr&stI lacF o( or irr&.ular
+r&liminar, in-&sti.ation'
AN APPLICATION FOR OR ADMISSION TO
#AIL S"ALL NOT #AR T"E ACCUSED
a. from challenin the validity of
his arrest OR
b. leality of the warrant issued
therefore, OR
c. from assailin the reularity or
4uestionin the absence of
preliminary investiation of the
chare aainst him, /RO6,3&3,
he raises them before enterin
his plea.
RULE $$8
RI3"TS OF T"E ACCUSED
This rule enumerates the rihts of a
person accused of an offense, which are
both constitutional as well as statutory,
save the riht to appeal, which is purely
statutory in character.
S&ction $' Ri.*ts o( t*& accus&d at t*&
trial'
S/ecial
158
$' TO #E PRESUMED INNOCENT
,n all criminal prosecutions, the accused
is presumed innocent until the contrary
is proved beyond reasonable doubt.
R&asona=l& Dou=t is that doubt
enendered by an investiation of the
whole proof and an inability, after such
investiation, to let the mind rest easy
upon the certainty of uilt. )bsolute
certainty of uilt is not demanded by the
law to convict of any criminal chare but
moral certainty is re4uired, and this
certainty is re4uired as to every
proposition of proof re4uisite to
constitute the offense.
&4uipoise rule where the evidence of
the parties in a criminal case are evenly
balanced, the constitutional presumption
of innocence should tilt in favor of the
accused and must be ac4uitted.
4' TO #E INFORMED OF T"E NATURE
AND T"E CAUSE OF T"E ACCUSATION
A3AINST "IM'
)n accused cannot be convicted of an
offense unless it is clearly chared in the
complaint or information. To convict him
of an offense other than that chared in
the complaint or information would be a
violation of this constitutional riht
!People vs. 5rega, 2%6 SCRA 166*.
7hen a person is chared in a complaint
with a crime and the evidence does not
show that he is uilty thereof, but does
show that he is uilty of some other
crime or a lesser offense, the court may
sentence e him for the lesser offense,
/RO6,3&3 the lesser offense is a conate
offense and is included in the complaint
with the court.
5' TO #E PRESENT AND DEFEND IN
PERSON AND #0 COUNSEL AT EVER0
STA3E OF T"E PROCEEDIN3
T"E PRESENCE OF T"E ACCUSED IS
REQUIRED ONL0
=. 3urin arrainment !Sec. 1b,
rule 11@*
>. /romulation of "udment
&E'&/T when the conviction is
for a liht offense, in which
case, it may be pronounced in
the presence of his counsel or a
representative
@. 7hen ordered by the court for
purposes of identification
0ot applicable in S' and ') ; The law
securin to an accused person the riht
to be present at every stae of the
proceedins has no application to the
proceedins before the 'ourt of )ppeals
and the Supreme 'ourt nor to the entry
and promulation of their "udments The
defendant need not be present in court
durin the hearin of the appeal. !Sec. C
Rule 1+=*
)ccused may waive his riht to be
present durin the trial. 2O7&6&R, his
presence may be compelled when he is
to be identified. !A6)ino, 3r. vs. &iliary
Commission, 63 SCRA 5-6*
EFFECTS OF 6AIVER OF T"E RI3"T TO
APPEAR #0 T"E ACCUSED
1. waiver of the riht to present
evidence9
+. prosecution can present
evidence if accused fails to
appear9
.. the court can decide without
accused5s evidence.
TRIAL IN A#SENTIA
,t is important to state that the provision
of the 'onstitution authorizin the trial
in absentia of the accused in case of his
non;appearance )1T&R )RR),F0(&0T
despite due notice simply means that he
thereby waives his riht to meet the
witnesses face to face amon others.
Such waiver of a riht of the accused
does not mean a release of the accused
from his obliation under the bond to
appear in court whenever so re4uired.
The accused may waive his riht but not
his duty or obliation to the court.
REQUIREMENTS FOR TRIAL IN A#SENTIA
1. accused has been arrained
S/ecial
15
+. he has been duly notified of the
trial
.. his failure to appear is
un"ustified
)n escapee who has been duly tried in
absentia waives his riht to present
evidence on his own behalf and to
confront and cross;e?amine witnesses
who testified aainst him. !2imene1 vs.
Na1areno, 160 SCRA 1*
D' RI3"T TO COUNSEL
The riht covers the period beinnin
from custodial investiation, well into
the rendition of the "udment and even
on appeal. !People vs. Ser1o, 3r., 2%-
SCRA 553*
,f durin the investiation the assistin
lawyer left, or come and o, the
statement sined by the accused is still
inadmissible because the lawyer should
assist his client from the time the
confessant answers the first 4uestion
asked by the investiatin officer until
the sinin of the e?tra"udicial
confession. !People vs. &orial, 363 SCRA
$6*
The riht to counsel and the riht to
remain silent do not cease even after a
criminal complaintGinformation has
already been filed aainst the accused,
)S :O0F )S he is still in custody.
The duty of the court to appoint a
counsel de oficio when the accused has
no leal counsel of choice and desires to
employ the services of one is
()03)TOR- only at the time of
arrainment. !Sec. @ Rule 11@*
E' TO TESTIF0 AS 6ITNESS IN "IS O6N
#E"ALF
) denial of the defendant5s riht to
testify in his behalf would constitute an
un"ustifiable violation of his
constitutional riht. !People vs.
Saniago, -6 P#il. %3-*
,f the accused testifies, he may be cross;
e?amined but O0:- on matters covered
by his direct e?amination, unlike an
ordinary witness who can be cross;
e?amined as to any matter stated in the
direct e?amination or connected
therewith !Section @, Rule 1.+*. 2is
failure to testify is not taken aainst him
but failure to produce evidence in his
behalf is considered aainst him !+.S.
vs. (ay, $% P#il. -$5*.
F' RI3"T A3AINST SELFD
INCRIMINATION
The accused is protected under this rule
from 4uestions which tend to incriminate
him, that is, which may sub"ect him to
penal liability.
The riht may be waived by the failure
of the accused to invoke the privilee at
the proper time, that is, )1T&R the
incriminatin 4uestion is asked and
before his answer9
The privilee of the accused to be
e?empt from testifyin as a witness
involves a prohibition aainst testimonial
compulsion only and the production by
the accused of incriminatin documents,
and articles demanded from him. !+.S.
vs. !an !eng, 23 P#il. 1-5*
ECEPTIONS! immunity statutes such as8
1. R) 1.AC 1orfeiture of ,lleally
obtained wealth
+. R) A=C $ribery and Fraft cases
RI3"T OF T"E ACCUSED A3AINST SELFD
INCRIMINATION VS' RI3"T OF T"AT OF
AN ORDINAR0 6ITNESS
The ordinary witness may be compelled
to take the witness stand and claim the
privilee as each 4uestion re4uirin an
incriminatin answer is shot at him, an
accused may altoether refuse to take
the witness stand and refuse to answer
any and all 4uestions.
3' RI3"T TO CONFRONT AND CROSSD
EAMINE T"E 6ITNESSES A3AINST "IM
AT TRIAL
Con(rontation is the act of settin a
witness face;to;face with the accused so
that the latter may make any ob"ection
he has to the witness, and the witness
S/ecial
16"
may identify the accused, and this must
take place in the presence of the court
havin "urisdiction to permit the
privilee of cross;e?amination.
The main purpose of the riht to
confrontation is to secure the
opportunity of cross;e?amination and the
secondary purpose is to enable the "ude
to observe the demeanor of witnesses.
,n any criminal proceedin, the
defendant en"oys the riht to have
compulsory process to secure the
attendance of witnesses and the
production of evidence in his behalf.
"' RI3"T TO SPEED0I IMPARTIAL AND
PU#LIC TRIAL
The riht to a speedy trial is intended to
avoid oppression and to prevent delay by
imposin on the courts and on the
prosecution an obliation to proceed
with reasonable dispatch.
The courts, in determinin whether the
riht of the accused to a speedy trial has
been denied, should consider such facts
as the lenth of the delay, the accused5s
assertion or non;assertion of his riht,
and the pre"udice to the accused
resultin from the delay.

There is 0O violation of the riht where
the delay is imputable to the accused.
!Solis vs. Agloro, 6- SCRA 3%0*
REMEDIES AVAILA#LE TO T"E ACCUSED
6"EN "IS RI3"T TO A SPEED0 TRIAL IS
VIOLATED
1. 2e should ask for the trial of the
case not for the dismissal9
+. #nreasonable delay of the trial
of a criminal case as to make the
detention of defendant illeal
ives round for habeas corpus
as a remedy for obtainin
release so as to avoid detention
for a reasonable period of time
.. )ccused would be entitled to
relief in a mandamus proceedin
to compel the dismissal of the
information.
IMPARTIAL TRIAL
3ue process of law re4uires a hearin
before an impartial and disinterested
tribunal, and that every litiant is
entitled to nothin less than the cold
neutrality of an impartial "ude. !&aeo,
3r. vs. 0illal)1, 50 SCRA 1,0*
Pu=lic trial one held openly or
publicly9 it is sufficient that the relatives
and friends who want to watch the
proceedins are iven the opportunity to
witness the proceedins.
ECLUSION OF T"E PU#LIC IS VALID
6"EN!
1. evidence to be produced is
offensive to decency or public
morals9
+. upon motion of the accused9
!Sec. +1, Rule 11C*
RULE ON TRIAL #0 PU#LICIT0
The riht of the accused to a fair trial is
not incompatible to a free press.
/ervasive publicity is not per se as
pre"udicial to the riht to a fair trial. To
warrant a findin of pre"udicial publicity,
there must be alleations and proof that
the "udes have been unduly influenced,
not simply that they miht be, by the
barrae of publicity. !People vs.
!ee#an7ee, 2-$ SCRA 5-*
I' RI3"T TO APPEAL ON ALL CASES
ALLO6ED #0 LA6 AND IN T"E MANNER
PRESCRI#ED #0 LA6'
The riht to appeal from a "udment of
conviction is fundamentally of statutory
oriin. ,t is not a matter of absolute
riht, independently of constitutional or
statutory provisions allowin such
appeal.
6AIVER OF T"E RI3"T TO APPEAL
The riht to appeal is personal to the
accused and similarly to other rihts of
kindred nature, it may be waived either
e?pressly or by implication. 2O7&6&R,
where death penalty is imposed, such
riht cannot be waived as the review of
the "udment by the 'O#RT O1 )//&):S
is automatic and mandatory !).(. 0O.
DD;>;D.;S'*.
S/ecial
161
T"E SPEED0 TRIAL ACT OF $<<;
?RA ;7<5@
DUT0 OF T"E COURT AFTER
ARRAI3NMENT OF AN ACCUSED
'ourt S2):: order a pre;trial conference
to consider the followin8
1. plea barainin9
+. stipulation of facts9
.. markin for identification of
evidence of parties9
=. waiver of ob"ections to
admissibility of evidence9 and
>. such other matter as will
promote a fair and e?peditious
trial9
TIME LIMIT FOR T"E TRIAL OF CRIMINAL
CASES! S2):: 0OT &E'&&3 1BD days
from the first day of trial, 2O7&6&R,
this rule is 0OT )$SO:#T&, for the law
provides for the followin ECEPTIONS!
1. those overned by the Rules on
Summary /rocedure9 or
+. where the penalty prescribed by
law 3O&S 0OT &E'&&3 @ months
imprisonment or a fine of /1,DDD
or both9
.. those authorized by the 'hief
%ustice of the S'9
PERIOD FOR ARRAI3NMENT OF T"E
ACCUSED
7ithin .D days from the filin of the
information, or from the date the
accused appealed before the
"usticeG"udeGcourt in which the chare
is pendin, whichever date last occurs.
6"EN S"ALL TRIAL COMMENCE AFTER
ARRAI3NMENT
7ithin .D days from arrainment,
2O7&6&R, it may be e?tended $#T only8
1. for 1BD days for the first 1+
calendar month period from the
effectivity of the law9
+. 1+D days for the second 1+
month period9 and
.. BD days for the third 1+ month
period.
RULE $$9
ARRAI3NMENT AND PLEA
S&ction $' Arrai.nm&nt and +l&aA *o)
mad&'
Arrai.nm&nt the formal mode of
implementin the constitutional riht of
the accused to be informed of the
nature of the accusation aainst him.
6"ERE AND "O6 MADE!
1. $efore the court where the
complaint or information has
been filed or assined for trial9
+. in open court, by the "ude or
clerk by furnishin the accused a
copy of the complaint or
information with the list of the
witnesses, readin it in a
lanuae or dialect known to him
and askin him of his plea9
RULES!
1. Trial in absentia is allowed only
)1T&R arrainment9
+. %udment is enerally void if the
accused has not been arrained9
.. There can be no arrainment in
absentia !accused must
personally enter his plea*9
=. if the accused went to trial
without arrainment, but his
counsel had the opportunity to
cross;e?amine the witness of the
prosecution and after the
prosecution he was arrained the
defect was cured9
,f an information is amended
()T&R,)::-, arrainment on the
amended information is ()03)TOR-,
e?cept if the amendment is only as to
form9
Pl&a the matter which the accused, on
his arrainment, allees in answer to the
chare aainst him.
S/ecial
16#
PERIOD TO PLEA
7hen the accused is under preventive
detention8 his case shall be raffled and
its records transmitted to the "ude to
whom the case was raffled within . days
from the filin of the information or
complaint and the accused arrained
within 1D days from the date of the
raffle. The pre;trial conference of his
case shall be held within 1D days after
arrainment.
7hen the accused is 0OT under
preventive detention8 unless a shorter
period is provided by special law or
Supreme 'ourt circular, the arrainment
shall be held within .D days from the
date the court ac4uires "urisdiction over
the person of the accused. The time of
the pendency of a motion to 4uash, or
for bill of particulars, or other causes
"ustifyin suspension of the arrainment,
shall be e?cluded in computin the
period.
6"EN S"OULD A PLEA OF NOT 3UILT0
#E ENTERED
1. when the accused so pleaded
+. when he refuses to plead
.. where in admittin the act
chared, he sets up matters of
defense or with lawful
"ustification
=. when he enters a conditional
plea of uilt
>. where, after a plea of uilt, he
introduces evidence of self;
defense or other e?culpatory
circumstances
@. when the plea is indefinite or
ambiuous
)n unconditional plea of uilt admits of
the crime and all the attendant
circumstances alleed in the information
includin the alleations of conspiracy
and warrants of "udment of conviction
without need of further evidence
ECEPT! !'), 30*
1. 7here the plea of uilty was
compelled by violence or
intimidation.
+. 7hen the accused did not fully
understand the meanin and
conse4uences of his plea.
.. 7here the information is
insufficient to sustain conviction
of the offense chared.
=. 7here the information does not
chare an offense, any
conviction thereunder bein
void.
>. 7here the court has no
"urisdiction.
S&ction 4' Pl&a o( 3uilt, to a l&ss&r
o((&ns&'
)n accused may enter a plea of uilty to
a lesser offense /RO6,3&3 that there is
consent of the offended party and the
prosecutor to the plea of uilty to a
lesser offense which is necessarily
included in the offense chared.
)fter arrainment but $&1OR& trial, the
accused may still be allowed to plead
uilty to a lesser offense after
withdrawin his plea of not uilty. ,n this
plea of uilty to a lesser offense, no
amendment of the complaint or
information is necessary.
,f the accused entered a plea to a lesser
offense 7,T2O#T the consent of the
offended party and the prosecutor )03
he was convicted, his subse4uent
conviction of the crime chared would
0OT place him in 3ouble %eopardy.
S&ction 5' Pl&a o( .uilt, to ca+ital
o((&ns&A r&c&+tion o( &-id&nc&'
7hen the accused pleads uilty to a
capital offense, the court shall8
1. conduct a searchin in4uiry into
the voluntariness and full
comprehension of the
conse4uences of his plea9
+. re4uire the prosecution to prove
his uilt and the precise deree
of his culpability9
.. ask the accused if he desires to
present evidence in his behalf
and allow him to do so if he
desires.
S/ecial
163
To constitute searchin in4uiry, the
4uestionin must focus on8
1. the voluntariness of the plea9
and
+. 7hether the accused understood
fully the conse4uence of his
plea.
S&ction 8' 6it*dra)al o( im+ro-id&nt
+l&a o( .uilt,'
Pl&a o( 3uilt, an unconditional
admission of uilt, freely, voluntarily and
made with full knowlede of the
conse4uences and meanin of his act and
with a clear understandin of the precise
nature of the crime chared in the
complaint or information9
INSTANCES OF IMPROVIDENT PLEA
1. plea of uilty was compelled by
violence or intimidation
+. the accused did not fully
understand the meanin and
conse4uences of his plea
.. insufficient information to
sustain conviction of the offense
chared
=. information does not chare an
offense, any conviction
thereunder bein void
>. court has no "urisdiction
)t any time before the "udment of
conviction becomes final, the court may
permit an improvident plea of uilty to
be withdrawn and be substituted by a
plea of not uilty.
The withdrawal of a plea of uilty is not
a matter of riht to the accused but of
sound discretion to the trial court.
!People vs. 8ambrino, 103 P#il. 50-*
S&ction 9' Dut, o( t*& court to in(orm
accus&d o( *is ri.*t to couns&l'
DUTIES OF T"E COURT 6"EN T"E
ACCUSED APPEARS #EFORE IT 6IT"OUT
COUNSEL
1. ,t must inform the defendant
that it is his riht to have an
attorney before bein arrained9
+. )fter ivin him such
information, the court must ask
him if he desires the aid of an
attorney9
.. ,f he desires and is unable to
employ one, the court must
assin an attorney de oficio to
defend him9 and
=. ,f the accused desires to procure
an attorney of his own, the court
must rant him reasonable time
therefor.
S&ction :' A++ointm&nt o( couns&l d&
o(icio'
PURPOSE
To secure to the accused, who is unable
to enae the services of an attorney of
his own choice, effective representation
by makin it imperative on the part of
the court to consider in the appointment
of counsel de oficio, the ravity of the
offense and the difficulty of the
4uestions likely to arise in the case vis;N;
vis the ability and e?perience of the
prospective appointee.
S&ction ;' Tim& (or couns&l d& o(icio to
+r&+ar& (or arrai.nm&nt'
)s to what is reasonable time, it
depends upon the circumstances
surroundin the case like the ravity of
the offense, comple?ity of the
alleations in the complaint or
information, whether a motion to 4uash
or a bill of particulars has to be filed,
and other similar considerations.
S&ction <' #ill o( +articulars'
)ccused may, )T or $&1OR& arrainment,
move for a bill of particulars to enable
him properly to plead and to prepare for
trial.
S/ecial
16!
%ust in civil cases, the bill of particulars
here should be considered an interal
part of the complaint or information
which it supplements.
The remedy aainst an indictment
that fails to allee the time of
commission of the offense with
sufficient definiteness is a motion
for a bill of particulars, not a
motion to 4uash.

The failure to ask for $ill of /articulars
amounts to a waiver of such riht.
S&ction $%' Production or ins+&ction o(
mat&rial &-id&nc& in +oss&ssion o(
+ros&cution'

S&ction $$' Sus+&nsion o( arrai.nm&nt
3ROUNDS FOR SUSPENSION
1. the accused appears to be
sufferin from an unsound
mental condition which
effectively renders him unable
to fully understand the chare
aainst him and to plead
intelliently thereto9
+. there e?ists a valid pre"udicial
4uestion9 and
.. a petition for review of the
resolution of the prosecutor is
pendin at the 3epartment of
%ustice or the Office of the
/resident9 provided that the
period of suspension shall not
e?ceed @D days counted from the
filin of the petition.
RULE $$:
MOTION TO QUAS"
S&ction $' Tim& to mo-& to /uas*'
Motion to Quas* D this presupposes that
the accused hypothetically admits the
facts alleed, hence the court in
resolvin the motion cannot consider
facts contrary to those alleed in the
information or which do not appear on
the face of the information, e?cept
those admitted by the prosecution.
3ENERAL RULE! The accused may move
to 4uash the complaint or information at
any time $&1OR& enterin his plea.
ECEPTION D ,nstances where a motion
to 4uash may be filed )1T&R plea8
1. failure to chare an offense
+. lack of "urisdiction over the
offense chared
.. e?tinction of the offense or
penalty
=. the defendant has been in
former "eopardy.
Motion to Quas* D&murr&r to
E-id&nc&
filed before the
defendant enters his
plea
filed after the
prosecution has
rested its case
3oes not o into the
merits of the case
but is anchored on
matters not directly
related to the
4uestion of uilt or
innocence of the
accused
based upon the
inade4uacy of the
evidence adduced by
the prosecution in
support of the
accusation
Foverned by Rule
11A of the Rules of
'riminal /rocedure
overned by Rule 11C
of the Rules of
'riminal /rocedure
S&ction 4' Form and cont&nts.
FORM AND CONTENTS OF A MOTION TO
QUAS"
1. in writin
+. sined by the accused or his
counsel
.. shall specify distinctly the
factual and leal rounds
therefor.
The court shall consider no rounds
other than those stated in the motion,
&E'&/T lack of "urisdiction over the
offense chared and when the
information does not chare an offense.
) motion to suspend the issuance of a
warrant of arrest should be considered
as a motion to 4uash if the alleations
therein are to the effect that the facts
chared in the information do not
constitute an offense.
S/ecial
165
RESOLUTION OF A MOTION TO QUAS"
) motion to 4uash must be resolved
$&1OR& trial and cannot defer the
hearin and determination of said
motion until trial on the merits as it
would impair the riht of the accused to
speedy trial.
,t may also be resolved at the
preliminary investiation since the
investiatin officer or "ude has the
power to either dismiss the case or bind
the accused over for trial by the proper
court, dependin on its determination of
lack or presence of probable cause.
S&ction 5' 3rounds'
1. That the facts chared do not
constitute an offense9
+. That the court tryin the case
has no "urisdiction over the
offense chared9
.. That the court tryin the case
has no "urisdiction over the
person of the accused9
=. That the officer who filed the
information had no authority to
do so9
>. That it does not conform
substantially to the prescribed
form9
@. That more that one offense is
chared e?cept when a sinle
punishment for various offenses
is prescribed by law9
A. That the criminal action or
liability has been e?tinuished9
B. That it contains averments
which, if true would constitute a
leal e?cuse or "ustification9 and
C. That the accused has been
previously convicted or
ac4uitted of the offense
chared, or the case aainst him
was dismissed or otherwise
terminated without his e?press
consent.
S&ction 7' Am&ndm&nt o( com+laint or
in(ormation
,f an alleed defect in the complaint or
information, which is the basis of a
motion to 4uash, can be cured by
amendment, the court shall order the
amendment instead of 4uashin the
complaint or information. ,f, after the
amendment, the defect is still not
cured, the motion to 4uash should be
ranted.
S&ction 8' E((&ct o( sustainin. t*&
motion to /uas*'
EFFECTS IF COURT SUSTAINS T"E
MOTION TO QUAS"
1. ,f the round of the motion is
either8
a* that the facts chared do not
constitute an offense9 or
b* that the officer who filed
the information had no
authority to do so, or
c* that it does not conform
substantially to the
prescribed form9 or
d* that more than one offense
is chared,
the court may order that another
information be filed or an
amendment thereof as the case
may be within a definite period.
,f such order is 0OT ()3&, or if
havin been made, another
information is 0OT 1,:&3 within
a time to be specified in the
order, or within such time as the
court may allow, the accused, if
in custody, shall be dischared
therefrom, unless he is also in
custody on some other chare.
2. ,f the motion to 4uash is sustained
upon any of the followin rounds8
a* that a criminal action or
liability has been
e?tinuished9
b* that it contains averments
which, if true, would
constitute a leal e?cuse or
"ustification9 or
c* that the accused has been
previously convicted or
chared,
the court must state, in its order
rantin the motion, the release
of the accused if he is in custody
S/ecial
166
or the cancellation of his bond if
he is on bail.
3. ,f the round upon which the
motion to 4uash was sustained is
that the court has 0O
"urisdiction over the offense, the
better practice is for the court
to remand or forward the case to
the proper court, not to 4uash
the complaint or information.
The prosecution may elevate to the
2iher 'ourts an order rantin a motion
to 4uash.
PROCEDURE IF MOTION TO QUAS" IS
DENIED
1. accused should plead9
+. accused should o to trial
without pre"udice to the special
defenses he invoked in the
motion9
.. appeal from the "udment of
conviction, if any, and interpose
the denial of the motion as an
error.
)n order denyin a motion to 4uash is
,0T&R:O'#TOR- and 0OT )//&):)$:&.
)ppeal in due time, as the proper
remedy, implies a previous conviction as
a result of a trial on the merits of the
case and does not apply to an
interlocutory order denyin a motion to
4uash.
The denial by the trial court of a motion
to 4uash ')00OT be the sub"ect of a
petition for certiorari, prohibition or
mandamus in another court of
coordinate rank.
S&ction 9' Ord&r sustainin. t*& motion
to /uas* not a =ar to anot*&r
+ros&cution'
) motion S#ST),0,0F the motion to
4uash is 0OT a bar to another
prosecution for the same offense
UNLESS!
1. the motion was based on the
round that the criminal action
or liability has been
e?tinuished, )03
+. that the accused has been
previously convicted or in
"eopardy of bein convicted or
chared.
S&ction :' Form&r con-iction or
ac/uittalA dou=l& 1&o+ard,'
3ouble %eopardy means that when a
person is chared with an offense and
the case is terminated either by
ac4uittal or conviction or in any other
manner without the consent of the
accused, the latter cannot aain be
chared with the same or identical
offense.
REQUISITES FOR DOU#LE JEOPARD0
UNDER SECTION :
,t is necessary that in the first case that;
1. the complaint or information or
other formal chare was
sufficient in form and substance
to sustain a conviction9
+. the court had "urisdiction9
.. the accused had been arrained
and had pleaded9 and
=. he was convicted or ac4uitted or
the case was dismissed without
his e?press consent9
7hen all these circumstances are
present, they constitute a $)R to a
second prosecution for
1. the same offense, or
+. an attempt to commit the said
offense, or
.. a frustration of the said offense,
or
=. any offense which necessarily
includes or is necessarily
included in the first offense
chared.
S/ecial
167
The dischare of a defendant on a
preliminary investiation is 0OT such an
ad"udication in his favor as will bar
subse4uent prosecution for the offense.
This is because, a preliminary
investiation is not a trial and does not
have for its ob"ect that of determinin
definitely the uilt of the accused.
1urther, the accused ha snot yet been
arrained.
DISMISSAL -s' ACQUITTAL
)c4uittal is always based on the merits,
that is, the defendant is ac4uitted
because the evidence does not show
defendant5s uilt beyond reasonable
doubt9 but 3ismissal does not decide the
case on the merits or that the defendant
is not uilty.
,f an act is punished by a law and an
ordinance, even if they are considered
as different offenses, conviction or
ac4uittal under either shall constitute a
bar to another prosecution for the same
act.
,f a sinle act is punished by two
different provisions of law or statutes,
but each provision re4uires proof of an
additional fact which the other does not
so re4uire, neither conviction nor
ac4uittal in one will bar a prosecution
for the other. !Pere1 vs. Co)r o*
Appeals, 163 SCRA 236*
TESTS FOR DETERMININ3 6"ET"ER
T"E T6O OFFENSES ARE IDENTICAL!
A' SAME OFFENSE TEST ; There is
,3&0T,T- between two offenses not
only when the second offense is
e?actly the same as the first, but
):SO when the second offense is an
attempt to or frustration of, OR is
necessarily included in the offense
chared in the first information.
ECEPTIONS TO T"E IDENTIT0 RULE!
1. The raver offense developed
due to supervenin facts arisin
from the same act or omission
constitutin the former chare.
+. The facts constitutin the raver
chare became known or were
discovered only after a plea was
entered in the former complaint
or information.
.. The plea of uilty to the lesser
offense was made without the
consent of the prosecutor and of
the offended party9 e?cept when
the offended party failed to
appear durin the arrainment.
,n any of these instances, such period of
the sentence as may have been served
by the accused under the former
conviction shall be credited aainst and
deducted from the sentence he has to
serve should he be convicted under the
subse4uent prosecution.
#' SAME EVIDENCE TEST ; whether the
facts as alleed in the second
information, if proved, would have
been sufficient to sustain the former
information, or from which the
accused may have been ac4uitted or
convicted.
S&ction ;' Pro-isional dismissal'

3ENERAL RULE! 7here the case was
dismissed HprovisionallyI with the
consent of the accused, he ')00OT
invoke double "eopardy in another
prosecution therefor OR where the case
was reinstated on a motion for
reconsideration by the prosecution.
ECEPTIONS! 7here the dismissal was
actually an ac4uittal based on8
a* lack or insufficiency of the
evidence9 or
b* denial of the riht to speedy
trial, hence, even if the accused
ave his e?press consent to such
dismissal or moved for such
dismissal, such consent would be
immaterial as such dismissal is
actually an ac4uittal.
REQUISITES
1. consent of the prosecutor
+. consent of the accused
.. notice to the offended party
,f a case is provisionally dismissed with
the consent of the prosecutor and the
S/ecial
168
offended party, the failure to reinstate it
within the iven period will make the
dismissal permanent.
PERIOD FOR REINSTATEMENT!
a. offenses punishable by
imprisonment not e?ceedin @
years O O0& -&)R
b. offenses punishable by
imprisonment of more than @
years O T7O -&)RS
Otherwise the dismissal shall be removed
from bein provisional and becomes
permanent.
S&ction <' Failur& to mo-& to /uas* or
to all&.& an, .round t*&r&(or'
)ll rounds for a motion to 4uash are
7),6&3 if 0OT seasonably raised,
ECEPT!
a* when the information does not
chare an offense9
b* lack of "urisdiction of the court9
c* e?tinction of the offense or
penalty9 and
d* double "eopardy.
RULE $$;
PREDTRIAL
S&ction $' Pr&DtrialA mandator, in
criminal cas&s'
/re;trial is ()03)TOR- in all criminal
cases.
The court shall after arrainment and
within .D days from the time the court
ac4uires "urisdiction over the person of
the accused, unless a shorter period is
provided for by special laws or circular
of the Supreme 'ourt, order a pre;trial.
MATTERS CONSIDERED IN PREDTRIAL
CONFERENCE
a* plea barainin9
b* stipulation of facts9
c* markin for identification of
evidence of the parties9
d* waiver of ob"ections to
admissibility of evidence9
e* modification of the order of trial
if the accused admits the chare
but interposes a lawful defense9
f* such matters as will promote a
fair and e?peditious trial of the
criminal and civil aspects of the
case. !Sections. + P ., 'irc. .B;
CB*.
Pl&a =ar.ainin. the process whereby
the accused, the offended party and the
prosecution work out a mutually
satisfactory disposition of the case
sub"ect to court approval. ,t usually
involves the defendant5s pleadin uilty
to a lesser offense or to only one or
some of the counts of a multi;count
indictment in return for a lihter
sentence than that for the raver
chare.
S&ction 4' Pr&Dtrial a.r&&m&nt'
R&/uisit&s =&(or& t*& +r&Dtrial
a.r&&m&nt can =& us&d as &-id&nc&!
1. they are reduced to writin
+. the pre;trial areement is sined
by the accused and his counsel.
The re4uirement in section + is intended
to safeuard the riht of the accused
aainst improvident or unauthorized
areements or admissions which his
counsel may have entered into, or which
any person may ascribe to the accused
without his knowlede, as he may have
waived his presence at the pre;trial
conference.
The omission of the sinature of the
accused and his counsel, as mandatorily
re4uired by the rules, renders the
stipulation of facts inadmissible in
evidence.
S&ction 5' NonDa++&aranc& at +r&Dtrial
con(&r&nc&'
The court may impose proper sanctions
and penalties for non;appearance at pre;
trial conference by the counsel for the
S/ecial
16
accused or the prosecutor without
acceptable e?cuse.
The sanctions or penalty may be in the
form of reprimand, fine or
imprisonment. ,nasmuch as this is similar
to indirect contempt of court, the
penalty for indirect contempt may be
imposed.
PURPOSE
To enforce the mandatory re4uirement
of pre;trial in criminal cases.
The accused is not the one compelled to
appear, but only the counsel for the
accused or the prosecutor. The principal
reason why accused is not included in
the mandatory appearance is the fear
that to include him is to violate his
constitutional riht to remain silent.
S&ction 7' Pr&Dtrial ord&r'
)fter the pre;trial, the court issues an
order recitin actions taken, facts
stipulated and evidence marked, and
thereafter the trial on the merits will
proceed on matters not disposed of
durin the pre;trial.
To prevent manifest in"ustice, however,
the pre;trial order may be modified by
the court, upon its own initiative or at
the instance of any party.
RULE $$<
TRIAL
S&ction $' Tim& to +r&+ar& (or trial'
Trial ; the e?amination before a
competent tribunal accordin to the
laws of the land, of the facts put in issue
in a case for the purpose of determinin
such issue.
The trial shall commence within .D days
from receipt of the pre;trial order.
S&ction 4' Continuous trial until
t&rminat&dA +ost+on&m&nts'
CONTINUOUS TRIAL S0STEM
Trial once commenced shall continue
from day to day as far as practicable
until terminated9 but it may be
postponed for a reasonable period of
time for ood cause.
LIMITATION OF T"E TRIAL PERIOD
,t shall in no case e?ceed 1BD days from
the first day of the trial, e?cept as
otherwise provided by the Supreme
'ourt.
Re4uisites before a trial can be put;off
on account of the absence of a witness8
1. that the witness is material and
appears to the court to be so
+. that the party who applies has
been uilty of no nelect
.. that the witnesses can be had at
the time to which the trial is
deferred and incidentally that no
similar evidence could be
obtained
=. that an affidavit showin the
e?istence of the above
circumstances must be filed.
Remedies of accused where a
prosecutin officer without ood cause
secures postponements of the trial of a
defendant aainst his protest beyond a
reasonable period of time8
1. mandamus to compel a dismissal
of the information
+. if he is restrained of his liberty,
by habeas corpus to obtain his
freedom.
The S' adopted the continuous trial
system as a mode of "udicial fact;findin
and ad"udication conducted with speed
and dispatch so that trials are held on
the scheduled dates without
postponement, the factual issues for
trial well;defined at pre;trial and the
whole proceedins terminated and ready
for "udment within CD days from the
date of initial hearin, unless for
meritorious reasons an e?tension is
permitted.
The system re4uires that the /residin
%ude8
S/ecial
17"
1. adhere faithfully to the
session hours prescribed by
laws9
+. maintain full control of the
proceedins9 and
.. effectively allocate and use time
and court resources to avoid
court delays.
The non;appearance of the prosecution
at the trial, despite due notice, "ustified
a provisional dismissal or an absolute
dismissal dependin upon the
circumstances.
S&ction 7' Factors (or .rantin.
continuanc&'
PURPOSE! To control the discretion of
the "ude in the rant of continuance on
his instance or on motion of any party
litiant.
S&ction 8' Tim& limit (ollo)in. an
ord&r (or n&) trial'
The trial shall commence within .D days
from the date the order for a new trial
becomes final.
S&ction :' Pu=lic Attorn&,Gs duti&s
)*&r& accus&d is im+rison&d'
These public attorneys enter their
appearance in behalf of the accused
upon his re4uest or that of his relative or
upon bein appointed as counsel de
oficio by the court.
S&ction ;' Sanctions'
>inds!
a. criminal
b. administrative
c. contempt of court
S&ction $$' Ord&r o( Trial
ORDER OF TRIAL!
1. The prosecution shall present
evidence to prove the chare
and, in the proper case, the civil
liability
+. The accused may present
evidence to prove his defense
and damaes, if any, arisin from
the issuance of a provisional
remedy in the case.
.. The prosecution and the defense
may, in that order, present
rebuttal and sur;rebuttal
evidence unless the court, in
furtherance of "ustice, permits
them to present additional
evidence bearin upon the main
issue
=. #pon admission of the evidence
of the parties, the case shall be
deemed submitted for decision
unless the court directs them to
arue orally or to submit written
memoranda.
>. 7hen the accused admits the act
or omission chared in the
complaint or information but
interposes a lawful defense, the
order of trial may be modified.
3ENERAL RULE!
The order in the presentation of
evidence must be followed. The accused
may not be re4uired to present his
evidence first before the prosecution
adduces its own proof.
ECEPTION!
7here a reverse procedure was adopted
without the ob"ection of the defendant
and such procedure did not pre"udice his
substantial rihts, the defect is not a
reversible error.
) departure from the order of the trial is
not reversible error as where it was
areed upon or not seasonably ob"ected
to, but not where the chane in the
order of the trial was timely ob"ected by
the defense.
7here the order of the trial set forth
under this section was not followed by
the court to the e?tent of denyin the
prosecution an opportunity to present its
evidence, the "udment is a nullity.
!/eople vs. $alisacan*
S/ecial
171
S&ction $4' A++lication (or &Hamination
o( )itn&ss (or accus&d =&(or& trial'
)ccused may have his witness e?amined
conditionally in his behalf $&1OR& trial
upon motion with notice to all other
parties.
The motion must state8
1. name and residence of witness
+. substance of testimony
.. witness is so sick to afford
reasonable round to believe
that he will not be able to
attend the trial or resides more
that 1DD km and has no means to
attend the same, or other similar
circumstances e?ist that would
make him unavailable or prevent
him from attendin trial.
S&ction $5' EHamination o( d&(&ns&
)itn&ssA *o) mad&'
,f the court is satisfied that the
e?amination of witness is necessary as
provided in S&'T,O0 =, order shall be
made and a copy served on the fiscal.
The e?amination shall be taken before
any "ude or if not practicable any
member of the $ar in ood standin
desinated by the trial court, or by a
lower court desinated by a court of
superior "urisdiction which issue the
order.
S&ction $7' #ail to s&cur& a++&aranc&
o( mat&rial )itn&ss'
,f the court is satisfied, upon proof or
oath, that a material witness will not
testify when so re4uired, it may on
motion of either party order the witness
to post bail in such sum as may be
deemed proper. Should the witness
refuse to post such bail as re4uired, the
court may commit him to prison until he
complies or is leally dischared after his
testimony has been taken.
S&ction $8' EHamination o( )itn&ss (or
t*& +ros&cution'
The conditional e?amination of
prosecution witnesses shall be conducted
before the "ude or the court where the
case is pendin and in the presence of
the accused, unless he waived his riht
after reasonable notice. The accused
will have the riht to cross;e?amine such
prosecution witness, hence such
statements of the prosecution witnesses
may thereafter be admissible in behalf
of or aainst the accused !Realado, p.
=@D*.
S&ction $9' Trial o( s&-&ral accus&d
3ENERAL RULE!
7hen two or more persons are "ointly
chared with an offense, they shall be
tried "ointly. This rule is so desined as
to preclude a wasteful e?penditure of
"udicial resources and to promote an
orderly and e?peditious disposition of
criminal prosecutions.
ECEPTION!
The court, upon motion of the fiscal or
of any of the defendants, may order a
separate trial for one or more accused.
The rantin of a separate trial when
two or more defendants are "ointly
chared with an offense is purely
discretionary with the trial court.
The motion for separate trial must be filed
BE!RE the commencement of the trial
and cannot be raised for the first time on
appeal. "f a separate trial is granted# the
testimon$ of one accused imputing the
crime to his co%accused is not admissible
against the latter. "n &oint trial# it 'ould be
admissible if the latter had the opportunit$
for cross%e(amination.
S&ction $:' Disc*ar.& o( accus&d to =&
stat& )itn&ss'
(otion to dischare should be made by
the prosecution $&1OR& restin its case.
REQUISITES FOR DISC"AR3E
1. absolute necessity for the
testimony
+. no other direct evidence
available for the prosecution
.. testimony can be substantially
corroborated in its material
S/ecial
17#
points
=. accused not the most uilty
>. accused has never been
convicted of an offense involvin
moral turpitude
)bsence of any of the re4uisites for the
dischare of a particeps criminis is a
round for ob"ection to the motion for
his dischare, $#T such ob"ection must
be raised $&1OR& the dischare is
ordered.

EFFECTS OF DISC"AR3E
1. &vidence adduced in support of the
dischare shall automatically form
part of the trial9
+. ,f the court denies the motion to
dischare the accused as state
witness, his sworn statement shall
be inadmissible in evidence9
.. 3ischare of accused operates as an
ac4uittal and bar to further
prosecution for the same offense.
ECEPTIONS!
1. ,f the accused fails or refuses to
testify aainst his co;accused in
accordance with his sworn
statement constitutin the basis
of the dischare
+. 1ailure to testify refers
e?clusively to defendant5s will or
fault
.. 7here an accused who turns
state5s evidence on a promise of
immunity but later retracts and
fails to keep his part of the
areement, his confession of his
participation in the commission
of the crime is admissible as
evidence aainst him.
S&ction $<' 6*&n mistaF& *as =&&n
mad& in c*ar.in. t*& +ro+&r o((&ns&'
7hen the offense proved is neither
included in, nor does it include, the
offense chared and is different
therefrom, the court should dismiss the
action and order the filin of a new
information charin the proper offense.
This rule is predicated on the fact that
an accused person has the riht to be
informed of the nature and cause of the
accusation aainst him, and to convict
him of an offense different from that
chared in the complaint or information
would be an unauthorized denial of that
riht. !+.S. vs. Campo, 23 P#il. 36$*
S&ction 4%' A++ointm&nt o( actin.
+ros&cutor'
See Section >, Rule 11D.
S&ction 4$' EHclusion o( t*& +u=lic'
3ENERAL RULE!
The accused has the riht to a public
trial and under ordinary circumstances,
the court may not close the door of the
courtroom to the eneral public.
ECEPTION!
7here the evidence to be produced
durin the trial is of such character as to
be offensive to decency or public
morals, the court may motu propio
e?cludes the public from the courtroom.
S&ction 44' Consolidation o( trials o(
r&lat&d o((&ns&s'
This contemplates a situation where
separate informations are filed8
1. for offenses founded on the
same facts9
+. for offenses which form part of a
series of offenses of similar
character
S&ction 45' D&murr&r to &-id&nc&'
)fter the prosecution rests its case, the
court may dismiss the action on the
round of insufficiency of evidence8
1. on its own initiative after ivin
the prosecution the opportunity
to be heard9 or
+. upon demurrer to evidence filed
by the accused with or without
leave of court.
The arrest rule allows the accused in a
criminal case to present evidence even
after a motion to dismiss /RO6,3&3 the
demurrer was made with the e?press
consent of the court.
The filin of the motion to dismiss
S/ecial
173
7,T2O#T leave of court results in the
submission of the case for decision on
the basis of the evidence on record and
does not lie from such order denyin the
motion to dismiss.
,f said motion to dismiss is sustained,
such dismissal bein on the merits is
e4uivalent to an ac4uittal, hence the
prosecution cannot appeal as it would
place the accused in double "eopardy.
)n order denyin a demurrer to evidence
bein interlocutory is 0OT )//&):)$:&.
S&ction 47' R&o+&nin.'
)t any time $&1OR& finality of the
"udment of conviction, the "ude may,
motu propio or upon motion, with
hearin in either case, reopen the
proceedins to avoid miscarriae of
"ustice. The proceedins shall be
terminated within .D days from the
order rantin it.
RULE $4%
JUD3MENT
S&ction $' Jud.m&ntA d&(inition and
(orm'
Jud.m&nt ; the ad"udication by the
court that the accused is uilty or not
uilty of the offense chared and the
imposition of the proper penalty and
civil liability provided for by the law.
,t is not necessary that the "ude who
tried the case be the same "udicial
officer to decide it. ,t is sufficient if he
be apprised of the evidence already
presented by a readin of the transcript
of the testimonies already introduced, in
the same manner as appellate courts
review evidence on appeal.
S&ction 4' Cont&nts o( t*& 1ud.m&nt'
%udment must be
1. in writin9
+. in the official lanuae,
.. personally and directly prepared
and sined by the "ude,
=. with a concise statement of the
fact and the law on which it is
based.
REMED0 IF JUD3MENT IS NOT PUT IN
6RITIN3! file a petition for mandamus
to compel the "ude to put in writin the
decision of the court.
,f the "udment is one of 'O06,'T,O0,
"udment must state8
1. :eal ratification of the offense
constituted by the admissions of
the accused and the aravatin
and mitiatin circumstances
attendin its commission
+. /articipation of the accused,
whether as principal, accomplice
or accessory
.. /enalty imposed upon the
accused
=. 'ivil liability or damaes caused
by the wronful act, unless
separate civil action has been
reserved or waived
,f the "udment is one of )'<#,TT):, it
must make a findin on the civil liability
of the accused, unless there is clear
showin that the act from which the civil
liability miht arise did not e?ist.
R&asona=l& dou=t ; state of the case
which, after full consideration of all
evidence, leaves the mind of the "ude
in such a condition that he cannot say
that he feels an abidin conviction, to a
moral certainty, of the truth of the
chare.
Ac/uittal a findin of not uilty based
on the merits, that is, the accused is
ac4uitted because the evidence does not
show that his uilt is beyond reasonable
doubt, or a dismissal of the case after
the prosecution has rested its case upon
motion of the accused on the round
that the evidence fails to show beyond
reasonable doubt that the accused is
uilty.
,t is well;settled that ac4uittal, in a
criminal case is immediately final and
e?ecutory upon its promulation, and
S/ecial
17!
that accordinly, the State may not seek
its review without placin the accused in
double "eopardy. !(arbers vs. 8ag)io,
3r., 351 SCRA 606*
)n ac4uittal of an accused based on
reasonable doubt 3O&S 0OT bar the
offended party from filin a separate
civil action based on other sources of
obliation.
S&ction 5' Jud.m&nt (or t)o or mor&
o((&ns&s'
7hen two or more offenses chared in
the complaint or information, and the
accused fails to ob"ect to it before trial,
the court may convict the accused of as
many offenses as chared and proved.
)n accused can be convicted of an
offense only when it is both chared and
proved. ,f it is not chared althouh
proved, OR if it is not proved althouh
chared, the accused ')00OT be
convicted thereof.
6ariance between the alleation and the
proof cannot "ustify a conviction for
either the offense chared or the
offense proved unless either is included
in the other !Section =*.
S&ction 8' 6*&n an o((&ns& includ&s or
is includ&d in anot*&r'
3ENERAL RULE8 ,f what is proved by the
prosecution evidence is an offense which
is included in the offense chared in the
information, the accused may validly be
convicted of the offense proved.
EECEPTION! 7here facts supervened
after the filin of information which
chane the nature of the offense.
)n offense chared necessarily includes
another when some essential elements
or inredients of the offense chared
constitute the offense proved, or when
the essential elements or inredients of
the offense chared constitute or form
part of those constitutin the offense
proved, then one offense is included in
the other.
S&ction 9' Promul.ation o( 1ud.m&nt.
Promul.ation o( 1ud.m&nt ; official
proclamation or announcement of
"udment. ,t consists of readin the
"udment or sentence in the presence of
the accused and any "ude of the court
renderin the "udment.
RULES ON T"E VALIDIT0 OF
PROMUL3ATION OF JUD3MENT!
1. The "udment must have been
rendered and promulated
durin the incumbency of the
"ude who sined it.
+. The presence of counsel durin
the promulation of "udment is
not necessary.
E((&ct o( Promul.ation o( Jud.m&nt in
A=s&ntia he shall lose all remedies
available in these Rules aainst the
"udment and the court shall order his
arrest.
S&ction :' Modi(ication o( 1ud.m&nt'
#pon motion of the accused, a "udment
of conviction may be modified or set
aside by the court $&1OR& it has become
final or $&1OR& an appeal has been
perfected.
) "udment becomes final8
a. when the period for perfectin
appeal an appeal has lapsed9
b. when the sentence is partially or
totally satisfied or served9
c. when the accused e?pressly
waives in writin his riht to
appeal9 and
d. when the accused applies for
probation.
) "udment of ac4uittal becomes final
immediately after promulation and
cannot be recalled for correction or
amendment.
The prosecutor cannot ask for the
modification or settin aside of a
"udment of conviction because the
rules clearly provide that a "udment of
S/ecial
175
conviction may be modified or set aside
by the court renderin upon motion of
the accused.
The trial court can validly amend the
civil portion of its decision within 1>
days from promulation thereof even
thouh the appeal had in the meantime
already been perfected by the accused
from "udment of conviction.
The trial court may lose "urisdiction over
the "udment even $&1OR& the lapse of
1> days8
1. when the defendant voluntarily
submits to the e?ecution of the
"udment9
+. when the defendant perfects his
appeal9
.. when the accused withdraws his
appeal9
=. when the accused e?pressly
waives in writin his riht to
appeal9
>. when the accused files a petition
for probation.
S&ction ;' Entr, o( 1ud.m&nt'
The final "udment of the court is
carried into effect by a process called
HmittimusI.
Mittimus ; ) process issued by the court
after conviction to carry out the final
"udment, such as commandin a prison
warden to hold the accused in
accordance with the terms of the
"udment.
S&ction <' EHistin. +ro-isions .o-&rnin.
sus+&nsion o( s&nt&nc&I +ro=ation and
+arol& not a((&ct&d =, t*is Rul&'
RULE $4$
NE6 TRIAL OR RECONSIDERATION
S&ction $' N&) trial or r&consid&ration'
N&) trial ; the rehearin of a case
already decided but before the
"udment of conviction therein rendered
has become final, whereby errors of law
or irreularities are e?puned from the
record or new evidence is introduced, or
both steps are taken.
) motion for new trial or reconsideration
should be filed with the trial court
within 1> days from the promulation of
the "udment and interrupts the period
for perfectin an appeal from the time
of its filin until notice of the order
overrulin the motion shall have been
served upon the accused or his counsel.
) motion for the reconsideration of the
"udment may be filed in order to
correct errors of law or fact in the
"udment. ,t does not re4uire any
further proceedin.
) new trial be ranted at any time
before the "udment of conviction
becomes final8
1. on motion of the accused
+. on motion of the court but with the
consent of the accused
The award of new trial or takin of
additional evidence rests upon the sound
discretion of the court. !People vs.
A4osa, $, P#il. 6-2*
Once the appeal is perfected, the trial
court steps out of the case and the
appellate court steps in. Should it come
to pass then that durin the pendency of
the appeal, new and material evidence,
for e?ample, have been discovered, the
accused may file a motion for new trial
with the appellate court.
'ases when the trial court lose
"urisdiction over its sentence even
before the lapse of 1> days8
1. 7hen the defendant voluntarily
submits to the e?ecution of the
sentence
+. 7hen the defendant perfects his
appeal. The moment the appeal
is perfected the court a 4uo
loses "urisdiction over it, e?cept
for the purpose of correctin
clerical errors.
N&) Trial R&o+&nin. o( t*&
S/ecial
176
cas&
1iled after "udment
is rendered but
before the finality
thereof
made by the court
before the "udment
is rendered in the
e?ercise of sound
discretion
)t the instance or
with the consent of
the accused
does not re4uire the
consent of the
accused9 may be at
the instance of either
party who can
thereafter present
additional evidence
S&ction 4' 3rounds (or n&) trial'
3ROUNDS FOR A NE6 TRIAL IN
CRIMINAL CASES!
1. errors of law or irreularities
committed durin the trial
pre"udicial to the substantial
rihts of the accused.
+. new and material evidence
discovered.
REQUISITES #EFORE A NE6 TRIAL MA0
#E 3RANTED ON T"E 3ROUND OF
NE6L0 DISCOVERED EVIDENCE!
1. that the evidence was
discovered after trial9
+. that such evidence could not
have been discovered and
produced at the trial even with
the e?ercise of reasonable
dilience9
.. that it is material not merely
cumulative, corroborative or
impeachin9 and
=. the evidence is of such a weiht
that it would probably chane
the "udment if admitted.
(istakes or errors of counsel in the
conduct of his case are not rounds for
new trial. This rule is the same whether
the mistakes are the result of inorance,
ine?perience, or incompetence. !+.S. vs.
+mali, 15 P#il. 3%*
,f the incompetence, inorance or
ine?perience of counsel is so reat and
the error committed as a result thereof
is so serious that the client, who
otherwise has a ood cause, is
pre"udiced and denied his day in court,
the litiation may be reopened to ive
the client another chance to present his
case.
S&ction 5' 3rounds (or r&consid&ration'
Frounds of motion for reconsideration
1. errors of law9
+. errors of fact in the "udment,
which re4uire no further
proceedins.
The principle underlyin this rule is to
afford the trial court the opportunity to
correct its own mistakes and to avoid
unnecessary appeals from bein taken.
The rant by the court of
reconsideration should re4uire no further
proceedins, such as the takin of
additional proof.
S&ction 7' Form o( motion and notic&
to t*& +ros&cutor'
Re4uisites for a motion for new trial or
reconsideration8 The motion for a new
trial or reconsideration shall be8
1. in writin
+. filed with the court
.. State rounds on which it is
based
=. ,f the motion for new trial is
based on a newly discovered
evidence, it must be supported
by the affidavits of the witness
by whom such evidence is
e?pected to be iven, or duly
authenticated copies of
documents which it is proposed
to introduce in evidence.
>. 0otice of the motion for new
trial or reconsideration shall be
iven to the fiscal.
7hile the rule re4uires that an affidavit
of merits be attached to support a
motion for new trial based on newly
discovered evidence, yet the defect of
lack of it may be cured by testimony
under oath of the defendant at the
hearin of the motion. !Paredes vs.
(or9a, 3 SCRA -$5*
S/ecial
177
S&ction 8' "&arin. on motion'
7here a motion for new trial calls for
resolution of any 4uestion of fact, the
court may hear evidence thereon by
affidavits or otherwise.
PURPOSE
To determine whether the new trial
re4uested should be ranted or not. ,t is
not the new trial proper where newly
discovered evidence, for e?ample will be
received by the court. !/amaran, p. @DB*
S&ction 9' E((&cts o( .rantin. a n&)
trial or r&consid&ration'
EFFECTS OF 3RANTIN3 A NE6 TRIAL OR
RECONSIDERATION
1. when a new trial is ranted on the
round of errors of law or
irreularities committed durin the
trial, all proceedins and evidence
not affected by the commission of
such errors and irreularities shall
stand, $#T those affected thereby
shall be set aside and taken anew.
The court may, in the interest of
"ustice, allow the introduction of
additional evidence.
+. 7hen a new trial is ranted on the
round of newly discovered
evidence, the evidence already
taken shall stand, and the newly
discovered and such other evidence
as the court may, in the interest of
"ustice, allow to be introduced, shall
be taken and considered toether
with the evidence already in the
record.
.. ,n all cases, when the court rants
new trial or reconsideration, the
oriinal "udment shall be set aside
and a new "udment rendered
accordinly.
The effect of the rantin of a new trial
is not to ac4uit the accused of the crime
of which the "udment finds him uilty,
but precisely to set aside said "udment
so that the case may be tried de novo as
if no trial had been before.
#nlike the rule in 'ivil 'ases, the
remedy of the arieved party bein
appeal in due time, an order rantin a
new trial rendered in 'riminal 'ases is
also interlocutory $#T is controllable by
certiorari or prohibition at the instance
of the prosecution.
RULE $44
APPEAL
S&ction $' 6*o ma, a++&al'
)ny party may appeal from a "udment
or final order, #0:&SS the accused will
be placed in double "eopardy.
A++&al ; a proceedin for review by
which the whole case is transferred to
the hiher court for a final
determination
)ppeal is not an inherent riht of
convicted person. The riht of appeal is
and always has been statutory.

Only final "udments and orders are
appealable.
EFFECT OF AN APPEAL
)n appeal in a criminal case opens the
whole case for review and this includes
the review of the penalty, indemnity,
and the damaes involved. 'onse4uently,
on appeal, the appellate court may
increase the penalty, indemnity, or the
damaes awarded by the trial court,
althouh the offended party had not
appealed from said award, and the party
who souht a review of the decision was
the accused.
Final 1ud.m&nt Final Ord&r
a "udment which
would become final
if no appeal is taken
disposes of the whole
sub"ect matter or
terminates a
particular issue
leavin nothin to be
done but to enforce
by e?ecution what
has been determined
S/ecial
178
1rom a "udment convictin the
accused, two appeals may accordinly be
taken8
1. The accused may seek a review
of said "udment, as reards
both actions9 or
+. The complainant may appeal
with respect only to the civil
action, either because the lower
court has refused or failed to
award damaes, or because the
award made is unsatisfactory to
him.
3ENERAL RULE! ) private prosecutor in
a criminal case has 0O authority to act
for the /eople of the /hilippines before a
court on appeal. ,t is the overnment5s
counsel, the Solicitor Feneral, who
appears in criminal cases or their
incidents before the Supreme 'ourt. )t
the very least, the /rovincial 1iscal
himself, with the conformity of the
Solicitor Feneral.
ECEPTION! The civil award in a
criminal case may be appealed by the
private prosecutor on behalf of the
offended party or his successors.
S&ction 4' 6*&r& to a++&al'
S&ction 5' "o) a++&al taF&n'
"O6 APPEAL IS TA>EN
1. )ppeal to the Reional Trial
'ourt8 by filin a notice of
appeal with the court that
rendered the "udment or order
appealed from and servin a
copy to the adverse party
+. )ppeal to the 'ourt of )ppeals
from decision of the Reional
Trial 'ourt in the e?ercise of its
oriinal "urisdiction8 by filin a
notice of appeal with the court
which rendered the "udment or
order appealed from and servin
a copy to the adverse party
.. )ppeal to the 'ourt of )ppeals in
cases decided by Reional Trial
'ourt in the e?ercise of its
appellate "urisdiction8 by
petition for review
=. )ppeal to the 'ourt of )ppeals in
cases where penalty imposed is
life imprisonment or where a
lesser penalty is imposed but
involvin offenses committed on
the same occasion or arisin out
of the same occurrence that
ave rise to the more serious
offense for which the penalty of
death or life imprisonment is
imposed8 by filin a notice of
appeal with the 'ourt of
)ppeals.
>. 3eath penalty8 automatic review
by the 'ourt of )ppeals. !).(.
0o. DD;>;D.;S', October 1>,
+DD=*
@. Other appeals to the Supreme
'ourt8 by petition for review on
certiorari.
Error o( Jud.m&nt Error o(
Jurisdiction
the court may
commit in the
e?ercise of
"urisdiction
renders an order of
"udment void or
voidable
reviewable by appeal reviewable by
certiorari
Mod&s o( r&-i&)
The Rules of 'ourt reconize = modes by
which the decision or final order of the
court may be reviewed by a hiher
tribunal, viz.8
1. ordinary appeal
+. petition for review
.. petition for review on certiorari
=. automatic appeal
S&ction 7' S&r-ic& o( notic& o( a++&al'
PU#LICATION OF NOTICE OF APPEAL
,f copy of the notice of appeal cannot be
served on the adverse party or his
counsel, it may be done by publication.
Service by publication is made in a
newspaper of eneral circulation in the
vicinity once a week for a period not
e?ceedin .D days.
S&ction 8' 6ai-&r o( notic&'
S/ecial
17
The appellee may waive his riht to a
notice that an appeal has been taken.
2O7&6&R, the appellate court may, in
its discretion, entertain an appeal
notwithstandin failure to ive such
notice if the interests of "ustice so
re4uire. !8lamas vs. &os4oso, $5 P#il.
%35*
S&ction 9' 6*&n a++&al to =& taF&n'
)n appeal must be filed within 1> days
counted from the promulation or notice
of the "udment or order appealed from.
The period for appeal is interrupted
from the time the motion for new trial is
filed up to the receipt by the accused of
the notice of the order Hoverrulin the
motionI.
S&ction ;' Transmission o( +a+&rs to
a++&llat& court u+on a++&al'
7ithin > days from the filin of the
notice of appeal, the clerk of the court
with whom the notice of appeal was
filed must transmit to the clerk of court
of the appellate court the complete
record of the case, toether with said
notice.
S&ction $%' Transmission o( r&cords in
cas& o( d&at* +&nalt,'
,n case of death penalty, the records
shall be forwarded to the 'ourt of
)ppeals for automatic review and
"udment, within +D days but not earlier
than 1> days after the promulation of
the h e
the "udment or notice of denial of any
motion for new trial or reconsideration.
The transcript shall also be forwarded
within 1D days after the filin thereof by
the stenoraphic reporter !).(. 0o. DD;
>;D.;S', Oct. 1>, +DD=*.
S&ction $4' 6it*dra)al o( a++&al'
)n appellant may withdraw his appeal
$&1OR& the record has been forwarded
by the clerk of court to the proper
appellate court as provided by Section B,
in which case the "udment shall become
final.

The court may also, in its discretion,
allow the appellant to withdraw his
appeal, /RO6,3&3 a motion to that
effect is filed $&1OR& the rendition of
the "udment in the case on appeal.
Once appeal is withdrawn, the decision
or "udment appealed from becomes at
once final and e?ecutory. !People vs.
D)e"o, $0 SCRA 23*
S&ction $5' A++ointm&nt o( couns&l d&
o(icio (or accus&d on a++&al'
The riht to counsel de oficio does not
cease upon the conviction of an accused
by a trial court but continues, even
durin appeal.

3uties of the clerk of the trial court to
the appellant who is confined in prison
upon the presentation of notice of
appeal8
1. he shall ascertain from the
appellant, whether he desires
the 'ourt of )ppeals or the
Supreme 'ourt to appoint an
attorney to defend him de
oficio9
+. he shall transmit with the
record, upon a form to be
prepared by the clerk of the
appellate court, a certificate of
compliance with this duty of the
response of the appellant to his
in4uiry.
RULE $45
PROCEDURE IN T"E MUNICIPAL TRIAL
COURTS
S&ction $' Uni(orm Proc&dur&'
Proc&dur& to =& o=s&r-&d in
M&tro+olitan Trial CourtsI Munici+al
Trial Courts and Munici+al Circuit Trial
Courts! They shall observe the same
procedure as in the Reional Trial 'ourts
ECEPT!
S/ecial
18"
1. where a particular provision
e?pressly or impliedly applies
only to the (etropolitan Trial
'ourts, (unicipal Trial 'ourts
and (unicipal 'ircuit Trial 'ourts
or Reional Trial 'ourts
+. ,n criminal cases overned by
the Rules on Summary /rocedure
in Special 'ases adopted on
)uust 1, 1CB. and revised on
0ovember 1>, 1CC1.
RULE $47
PROCEDURE IN T"E COURT OF APPEALS
S&ction 4' A++ointm&nt o( couns&l d&
o(icio (or t*& accus&d.
REQUISITES #EFORE AN ACCUSED CAN
#E 3IVEN A COUNSEL DE OFICIO ON
APPEAL
1. that he is confined in prison
+. without counsel de parte on
appeal
.. sined the notice of appeal
himself
ECEPTIONS! )n accused;appellant not
confined to prison can have a counsel de
oficio if re4uested by him in the
appellate court within 1D days from
receipt of the notice to file brief and the
riht thereto is established by affidavit.
S&ction 5' 6*&n =ri&( (or t*& a++&llant
to =& (il&d'
A copies of the brief shall be filed within
.D days from receipt by the appellant or
his counsel of the notice from the clerk
of court of the 'ourt of )ppeals that the
evidence, oral and documentary, is
already attached to the record.

#ri&( ; literally means a short or
condensed statement. The purpose of
the brief is to present to the court in
concise form the points and 4uestions in
controversy, and by fair arument on the
facts and law of the case, to assist the
court in arrivin at a "ust and proper
conclusion.
PURPOSE
To present to the court in concise form
the points and 4uestions in controversy
and, by fair arument on the facts and
law of the case, to assist the court in
arrivin at a "ust and proper conclusion.
S&ction 7' 6*&n =ri&( (or a++&ll&& to
=& (il&dA r&+l, =ri&( o( t*& a++&llant'
The appellee shall file A copies of the
brief with the clerk of court within .D
days from receipt of the brief of the
appellant accompanied by proof of
service of + copies thereof upon the
appellant
S&ction 8' EHt&nsion o( tim& (or (ilin.
=ri&(s'
0ot allowed &E'&/T for ood and
sufficient cause and only if the motion
for e?tension is filed before the
e?piration of the time souht to be
e?tended.
S&ction :' Cont&nts o( =ri&(s'
#nlike the procedure in civil cases, it has
been held that it is not essential for the
accused to make assinment of errors in
his brief, as on appeal, the whole record
of the case is submitted to and
reviewable by the appellate court.
,ssues that were never raised in the
proceedins before the trial court
cannot be considered and passed upon
on appeal.
S&ction ;' Dismissal o( a++&al (or
a=andonm&nt or (ailur& to +ros&cut&'
3ROUNDS FOR DISMISSAL OF APPEALS
1. 1ailure on the part of the
appellant to file brief within the
relementary period, e?cept
when he is represented by a
counsel de oficio9
+. &scape of the appellant from
prison or confinement9
S/ecial
181
.. 7hen the appellant "umps bail9
and
=. 1liht of the appellant to a
forein country durin the
pendency of the appeal.
DISMISSAL OF APPEALA NEED OF NOTICE
TO APPELLANT
The 'ourt of )ppeals may dismiss motu
propio or on motion by appellee an
appeal for failure on the part of the
appellant to file his brief on time, $#T it
must have a notice served upon the
appellant of the action to be taken by
said court before dismissin motu propio
the appeal.
E((&ct o( Esca+& o( Accus&dA
A=andonm&nt o( A++&als
1. ,f the convict escapes from
prison or confinement or refuses
to surrender to the proper
authorities, "umps bail or flees
to a forein country he is
deemed to have abandoned his
appeal )03 the "udment of the
court below becomes final.
+. ,n that case, the accused cannot
be afforded the riht to appeal
#0:&SS !a* he voluntarily
submits to the "urisdiction of the
court or !b* is otherwise arrested
within 1> days from notice of the
"udment aainst him.
S&ction <' Prom+t dis+osition o( cas&s.
,t is discretionary for the appellate court
whether to order a hearin of the case
before it or decide the appeal solely on
the evidence submitted to the trial
court.
,f the 'ourt of )ppeals chose not to hear
the case, the %ustices composin the
division may "ust deliberate on the case,
evaluate the recorded evidence on hand
and then decide it.
S&ction $%' Jud.m&nt not to =&
r&-&rs&d or modi(i&d &Hc&+t (or
su=stantial &rror'
3ENERAL RULE!
The findins of the "ude who tried the
case and heard the witnesses are not
disturbed on appeal.
ECEPTION!
7hen it is shown that the trial court has
overlooked certain facts of substance
and value that, if considered, miht
affect the result of the case. !People vs.
Cabiling, %- SCRA 2,5*
The reversal of "udments entered in the
court below is prohibited, &E'&/T for
pre"udicial error that which tends to
pre"udice a substantial riht of a party
to the proceedins.
S&ction $$' Sco+& o( Jud.m&nt'
The appeal confers upon the appellate
court full "urisdiction and renders it
competent to e?amine the records,
revise the "udment appealed from,
increase the penalty and cite the proper
provision of the law.
)n invocation of the constitutional
immunity from double "eopardy will not
lie in case of appeal by the accused. The
reason bein that when the accused
appeals from the sentence of the trial
court, he waives the constitutional
safeuard aainst double "eopardy and
throws the whole case open to the
review of the appellate court.
S&ction $4' Po)&r to r&c&i-& &-id&nc&'
PURPOSE
To speed up the disposition of court
cases.
Ot*&r +o)&rs o( t*& Court o( A++&als!
1. to try cases and conduct
hearins9
+. receive evidence9
.. perform any and all acts
necessary to resolve factual
issues raised in cases8
a. fallin under its oriinal and
appellate "urisdiction9
S/ecial
18#
b. includin the power to rant
and conduct new trials or
further proceedins.
S&ction $5' Quorum o( t*& courtA
c&rtti(ication or a++&al o( cas& to t*&
SC'
a. 7henever the 'ourt of
)ppeals finds that the
penalty of death should be
imposed, the court shall
render "udment bur
R&1R),0 from makin an
entry of "udment and
forthwith certify the case
and elevate its entire record
to the S' for review.
b. ,n cases where the 'ourt of
)ppeals imposes reclusion
perpetua, life imprisonment
or a lesser penalty, it shall
render and enter "udment
imposin such penalty. The
"udment may be appealed
to the S' by notice of appeal
filed with the 'ourt of
)ppeals. !).(. 0o. DD;>;D.;
S', Oct. 1>, +DD=*
S&ction $7' Motion (or n&) trial'
(otion for new trial based on 0ewly
3iscovered &vidence may be filed at any
time )1T&R the appeal from the lower
court has been perfected )03 $&1OR&
the "udment of the appellate court
convictin the accused becomes final.
Once an appeal is perfected, the trial
court steps out and the appellate court
steps in. ) motion for new trial must
then be filed with the appellate court,
not with the court from whose "udment
the appeal is taken.
S&ction $9' R&*&arin. or
r&consid&ration'
) motion for reconsideration shall be
filed within 1> days from notice of the
decision or final order of the 'ourt of
)ppeals.
) re;hearin is 0OT a matter of riht but
a privilee to be ranted or not, as the
court sees fit, the matter bein solely
within its discretion.
0ew 4uestions ')00OT be presented for
the first time on a motion for rehearin,
especially where they are inconsistent
with positions taken on the oriinal
hearin, or waived on the oriinal
submission of the case.
) second motion for rehearin or
reconsideration of a final "udment or
order is 0OT allowed because if parties
are allowed to file as many motions for
rehearin or reconsideration as their
discretion or caprice suits, the
proceedins would become
undeterminable and unnecessarily
voluminous.
The (,TT,(#S is the final process of
carryin into effect the decision of the
appellate court and the transmittal
thereof to the court of oriin is
predicated upon the finality of the
"udment. ,t shall be stayed durin the
pendency of the motion for rehearin or
reconsideration.
) motion for reconsideration of its
"udment or final resolution shall be
resolved by the 'ourt of )ppeals within
CD days from the time it is submitted for
resolution, and no +
nd
motion for
reconsideration for the same party shall
be entertained.
The only;one;motion;for;reconsideration
rule does not apply where the first
motion for reconsideration resulted in a
reversal or substantial modification of
the oriinal decision or final resolution.
The party adversely affected thereby
may file a motion for reconsideration.
S&ction $:' Jud.m&nt transmitt&d and
(il&d in trial court'
Transmittal of "udment to court a 4uo
)fter the "udment has been entered, a
certified copy of the entry should be
transmitted to the clerk of the court of
oriin.
S/ecial
183
The copy of the entry serves as the
formal notice to the court from which
the appeal was taken of the disposition
of the case in the appellate court, so
that the "udment may be e?ecuted
andGor placed or noted in the proper
file.
S&c' $;' A++lication o( c&rtain rul&s in
ci-il to criminal cas&s'
The correspondin amendment was
made pursuant to the chanes
introduced under the 1CCA Rules of
/rocedure.
Rul& 7: ?Annulm&nt o( Jud.m&nts o(
Final Jud.m&nt and R&solutions@ DOES
NOT APPL0 TO CRIMINAL CASES' T*&
a++ro+riat& r&m&d, (or lacF o(
1urisdiction or &Htrinsic (raud is
CERTIORARI ?Rul& 98@ or "A#EAS
CORPUS ?Rul& $%4@'
RULE $48
PROCEDURE IN T"E SUPREME COURT
S&ction $' Uni(orm Proc&dur&'
The procedure in the Supreme 'ourt in
oriinal, as well as in appealed cases, is
the same as in the 'ourt of appeals,
&E'&/T when otherwise provided by the
'onstitution or the law.
) case may reach the Supreme 'ourt in
the followin manner8
1. automatic review
+. ordinary appeal
.. petitioner for review on
certiorari
EFFECT OF DIRECT APPEAL TO T"E
SUPREME COURT ON QUESTION OF LA6
IN CRIMINAL CASES
) direct appeal to the Supreme 'ourt on
4uestions of law in criminal cases in
which the penalty imposed is not death
or life imprisonment precludes a
review of the facts.
'ases involvin both 4uestions of law
and fact come within the "urisdiction of
the 'ourt of )ppeals.
)ppeal to the S' is 0OT ) ()TT&R O1
R,F2T, but a matter of sound "udicial
discretion. The prescribed mode of
appeal is by certiorari.
S&ction 4' R&-i&) o( d&cisions o( t*&
Court o( A++&als'
3ENERAL RULE! 1indins of fact in the
') is conclusive upon the S'
ECEPTIONS!
1. when the conclusion is a findin
rounded entirely on
speculation, surmises or
con"ectures
+. when the inference made is
manifestly absurd, mistaken or
impossible
.. when there is rave abuse of
discretion in the appreciation of
facts
=. when the "udment is
premised on a misapprehension
of facts
>. when the findins of fact are
conflictin
@. when the 'ourt of )ppeals in
makin its findins went beyond
the issues of the case and the
same is contrary to the
admissions of both appellant and
appellee
A. when certain material facts
and circumstances had been
overlooked which, if taken into
account would after the result as
it would ive rise to reasonable
doubt to ac4uit the accused.
Qu&stion o( la) ; when the doubt or
difference arises as to what the law is on
a certain state of facts. ,t must not
involve an e?amination of the probative
value of the evidence presented by the
litiants or any of them.
S/ecial
18!
Qu&stion o( (act ; when the doubt or
difference arises as to the truth or the
falsehood of alleed facts.
S&ction 5' D&cision i( o+inion is &/uall,
di-id&d'
The Supreme 'ourt, the 'onstitution
ordains, shall be composed of a 'hief
%ustice and 1= associate "ustices. ,t mat
sit en banc or in its discretion, in
divisions of ., >, or A members !Section
=!1*, )rticle 6,,,, 1CBA 'onstitution*.
) criminal case shall be reheard by the
Supreme 'ourt when the 'ourt en banc
is e4ually divided in opinion or the
necessary ma"ority cannot be had, if no
decision is reached the conviction of the
lower court shall be reversed and the
accused ac4uitted.
)ccordin to the 'onstitution, only the
Supreme 'ourt en banc may modify or
reverse a doctrine or principle of law or
rulin laid down by the 'ourt in a
decision rendered en banc or in division.
RULE $49
SEARC" AND SEICURE
S&ction $' S&arc* )arrant d&(in&d'
S&arc* 6arrant an order in writin
issued in the name of the /eople of the
/hilippines, sined by a "ude and
directed to a peace officer commandin
him to search for personal property
described therein and brin it before the
court.
ELEMENTS OF SEARC" 6ARRANT!
1. order in writin
+. sined by the "ude in the name
of the /eople of the /hilippines
.. commandin a peace officer to
search personal property
=. brin the property before the
court
NATURE OF SEARC" 6ARRANTS
Search warrants are in the nature of
criminal process and may be invoked
only in furtherance of public
prosecutions. Search warrants have no
relation to civil process or trials and are
not available to individuals in the course
of civil proceedins, nor for the
maintenance of any mere private riht.
SEARC" -s' SEICURE
The term search as applied to searches
and seizures is an e?amination of a
man5s house or other buildins or
premises or of his person with a view to
the discovery of contraband or illicit or
stolen property or some evidence of uilt
to be used in the prosecution of a
criminal action for some offense with
which he is chared.
) seizure is the physical takin of a thin
into custody.
3&n&ral 6arrant E a search warrant
which vauely describes and 3O&S 0OT
particularize the personal properties to
be seized without a definite uideline to
the searchin team as to what items
miht be lawfully seized, thus ivin the
officers of the law discretion reardin
what articles they should seize.
) eneral warrant is 0OT 6):,3 as it
infrines on the constitutional mandate
re4uirin particular description of the
thins to be seized.
6ARRANT OF
ARREST
SEARC" 6ARRANT
Order directed to the
peace officer to
e?ecute the warrant
by takin the person
stated therein into
custody that he may
be bound to answer
for the commission
of the offense.
Order in writin in
the name of the R/
sined by the "ude
and directed to the
peace officer to
search personal
property described
therein and to brin
it to court.
!sec. 1*
3oes not become
stale
validity is for 1D days
only !sec. C*
(ay be served on any
day and at any time
of day or niht.
!sec. @, rule 11.*.
to be served only in
daytime unless the
affidavit allees that
the property is on the
person or in the place
S/ecial
185
to be searched. !sec.
B*
upon probable cause to be determined
personally by the "ude after e?amination
in writin and under oath in the form of
searchin answers and 4uestions.
Only issued if there
is a necessity of
placin accused
under immediate
custody
sworn statements
and affidavits of
complainant and
witnesses must be
submitted to court.
T&st to d&t&rmin& Particularit,
1. 7hen the description therein as
specific as the circumstances
will ordinarily allow
+. 7hen the description e?press a
conclusion of fact; not of law
which the warrant officer may
be uided in makin the search
and seizure.
.. 7hen the thins described are
limited to those which bear
direct relation to the offense for
which the warrant is bein
issued.
ECEPTION!
)0 )//:,')T,O0 1OR S&)R'2 7)RR)0T
S2):: $& 1,:&3 7,T2 T2& 118
1. any court within whose
territorial "urisdiction a crime
was committed9
+. any court within the "udicial
reion where the crime was
committed if the place of the
commission of the crime is
known, or any court within the
"udicial reion where the
warrant shall be enforced9
.. 2O7&6&R, if the criminal action
has been filed, the application
shall only be made in the court
where the criminal action is
pendin.
S&ction 5' P&rsonal +ro+&rt, to =&
s&iB&d'
Linds of property to be seized by virtue
of a warrant8
1. sub"ect of the offense9
+. proceeds or fruits of the offense9
.. the means used or intended to
be used for committin an
offense.
The rule does not re4uire that the
property to be seized should be owned
by the person aainst whom the search
warrant is directed. ,t may or may not
be owned by him.
,n a search incidental to an arrest even
7,T2O#T a warrant the person arrested
may be searched for8
1. danerous weapons, and
+. anythin which may be used as
proof of the commission of an
offense.

S&ction 7' R&/uisit&s (or issuin. S&arc*
)arrant'
REQUISITES
1. must be issued upon probable
cause9
+. probable cause must be
determined by the issuin "ude
personally9
.. the "ude must have personally
e?amined, in the form of
searchin 4uestions and answers,
the applicant and his witnesses
and taken down their written
depositions9
=. the search warrant must
particularly describe or identify
the property to be seized as far
as the circumstances will
ordinarily allow9
>. the warrant issued must
particularly describe the place
to be searched and the persons
or thins to be seized9
@. it shall issue only for one specific
purpose9 and
A. it must not have been issued
more than 1D days prior to the
search made pursuant thereto.
) search warrant shall not issue but upon
probable cause in connection with one
specific offense.
S/ecial
186
Part, )*o ma, /u&stion -alidit, o(
s&arc* and s&iBur&!
7ell settled is the rule that the leality
of a seizure can be contested only by the
party whose rihts have been impaired
thereby, and that the ob"ection to an
unlawful search and seizure is purely
personal and cannot be availed of by
third parties.
REMEDIES FROM AN UNLA6FUL SEARC"
1. a motion to 4uash the search
warrant, and
+. a motion to suppress as evidence
the ob"ects illeally taken.
!&E':#S,O0)R- R#:& any
evidence obtained throuh
unreasonable searches and
seizures shall be inadmissible for
any purpose in any proceedin*
.. Replevin, if the ob"ects are
leally possessed.
The remedies are alternative9 if a
motion to 4uash is denied, a motion to
suppress cannot be availed of
subse4uently.
7here the search warrant is a /)T&0T
0#::,T-, certiorari lies to nullify the
same.
The illeality of the search warrant does
not call for the return of the thins
seized, the possession of which is
prohibited by law. 2O7&6&R, those
personalities seized in violation of the
constitutional immunity whose
possession is not of itself illeal or
unlawful ouht to be returned to their
rihtful owner or possessor.
)ny evidence obtained in violation of the
constitutional immunity aainst
unreasonable searches and seizures are
inadmissible for any purpose in any
proceedin !Section +, )rticle ,,,, 1CBA
'onstitution*.
7hen may a search warrant be said to
particularly describe the thin to be
seized8
1. the description therein is as
specific as the circumstances
will allow9
+. when it e?presses a conclusion of
fact by which the warrant may
be uided9 or
.. when the thins described are
limited to those which bear a
direct relation to the offense for
which the warrant is issued.
PRO#A#LE CAUSE ; facts and
circumstances which could lead a
reasonable, discreet and prudent man to
believe that the property sub"ect of an
offense is in the place souht to be
searched.
JMULTI FACTOR #ALANCIN3 TESTJ in
determinin /robable 'ause8
One which re4uires the officer to weih
the manner and intensity of the
interference on the riht of the people,
the ravity of the crime committed, and
the circumstances attendin the
incident.
S&ction 8' EHamination o( com+lainantA
r&cord'
(anner on how a "ude should e?amine a
witness to determine the e?istence of
probable cause8
1. the "ude must e?amine the
witnesses personally
+. the e?amination must be under
oath
.. the e?amination must be
reduced to writin in the form of
searchin 4uestions and answers
Such personal e?amination is necessary
in order to enable the "ude to
determine the e?istence or non;
e?istence of a probable cause.
S&ction 9' Issuanc& and (orm or s&arc*
)arrant'
ISSUANCE OF SEARC" 6ARRANT
The 'onstitution ordains that no warrant
shall issue but upon probable cause
supported by oath or affirmation.
FORM OF SEARC" 6ARRANT
The search warrant must be in writin
and must contain such particulars as the
S/ecial
187
name of the person aainst whom it is
directed, the offense for which it was
issued, the place to be searched and the
specific thins to be seized.
)n application for a search warrant is
heard e?;parte. ,t is neither a trial nor a
part of the trial. The e?amination or
investiation, which must be under oath
may not be in public. ,t may be even
held in the secrecy of the chambers. ,t
must be under oath and must be in
writin.
S&ction ;' S&arc* o( *ous&I roomI or
+r&mis&s to =& mad& in +r&s&nc& o(
t)o )itn&ss&s'
,n order to insure that the e?ecution of
the warrant will be fair and reasonable,
and in order to insure that the officer
conductin the search shall 0OT e?ceed
his authority or use unnecessary severity
in e?ecutin the search warrant, as well
as for the officer5s own protection
aainst un"ust accusations, it is re4uired
that the search be conducted in the
presence of the8
1. lawful occupant of the place to
be searched,
+. or any member of his family,
.. or in their absence, in the
presence of two witnesses of
sufficient ae and discretion
residin in the same locality.
This re4uirement is mandatory.
S&ction <' Tim& o( maFin. s&arc*'
3ENERAL RULE!
) search warrant must be served in the
day time.
ECEPTION!
) search warrant may be made at niht
when it is positively asserted in the
affidavit that the property is on the
person or in the place ordered to be
searched !Alvares vs. C:. o* !ayabas, 6-
P#il. 33*. The affidavit makin such
assertion must itself be sufficient as to
the fact so asserted, for if the same is
based upon hearsay, the eneral rule
shall apply.
) search warrant conducted at niht
without direction to that effect is an
unlawful search. The same rule applies
where the warrant left blank the HtimeI
for makin the search.
) public officer or employee who
e?ceeds his authority or uses
unnecessary severity in e?ecutin the
warrant is liable under )rticle 1+C of the
Revised /enal 'ode.
S&ction $%' Validit, o( s&arc* )arrant'
1D days from its date, thereafter, it shall
be void. ) search warrant can be used
only once, thereafter it becomes functus
oficio.
7hile, under section 1D, a search
warrant has a validity of 1D days,
0&6&RT2&:&SS, it ')00OT be used every
day of said period and once articles have
already been seized under said warrant,
it ')00OT be used aain for another
search and seizure, &E'&/T when the
search conducted on one day was
interrupted, in which case the same may
be continued under the same warrant
the followin day if not beyond 1D day
period. !+y ;#eyin vs. 0illareal, -2
P#il. ,,6*
S&ction $4' D&li-&r, o( K+ro+&rt, and
in-&ntor, t*&r&o( to courtA r&turn and
+roc&&din.s t*&r&on'
The law imposes upon the person makin
the search the duty to issue a detailed
receipt for the property seized.
)dditionally, he is likewise re4uired to
make a return of the warrant to the
court which issued it, toether with an
inventory of the property seized.
S&ction $5' S&arc* incid&nt to la)(ul
arr&st'
6"EN MA0 T"ERE #E A SEARC"
6IT"OUT 6ARRANT
1. in times of war within the area
of military operation9
S/ecial
188
+. as an incident of a lawful arrest,
sub"ect to the followin
re4uisites8
a. arrest must be lawful9
b. search and seizure must be
contemporaneous with
arrest9
c. search must be within
permissible area9
!i.e. HSTO/ )03 1R,SLI search
which allows a limited protective
search of outer clothin for
weapons*
.. when there are prohibited
articles open to eye and hand9
!/:),06,&7 3O'TR,0&*
=. when there is consent, sub"ect
to the followin conditions8
!consented search*
a. there is a riht9
b. there must be knowlede of
the e?istence of such riht9
c. there must be intention to
waive9
>. when it is incident of inspection9
@. under the Tariff and 'ustoms
'ode for purposes of enforcin
customs and tariff laws9
A. searches and seizures of vessels
and aircraft9 this e?tends to the
warrantless search of a motor
vehicle for contraband9
Search and seizure of vessels and
aircraft may validly be made without a
search warrant because the vessel or
aircraft can 4uickly move out of the
"urisdiction before such warrant could be
secured.
The remedy for 4uestionin the validity
of a search warrant can only be souht in
the court that issued it, not in the sala
of another "ude of concurrent
"urisdiction. &?cept where there is
already a case filed, the latter shall
ac4uire "urisdiction to the e?clusion of
other courts.
Waiver of legality and admissibility
Ob"ection to the leality of the search
warrant as to the admissibility of the
evidence obtained or deemed waived
where no ob"ection of the search
warrant was raised durin the trial of
the case nor to the admissibility of the
evidence obtained throuh said warrant.
S&ction $7' A motion to /uas* a s&arc*
)arrant or to su++r&ss &-id&nc&A
)*&r& to (il&'
,0 72)T 'O#RT ()- ) (OT,O0 TO
<#)S2 $& 1,:&38
1. before the court that issued the
warrant9
+. under the 'R,(,0): ')S& R#:&,
all the incidents arisin from the
Search 7arrant should be
consolidated in the court where
the criminal case is pendin9
.. under the ):T&R0)T,6& R&(&3-
R#:&, with the court which
issued the search warrant. ,n this
motion, all rounds for ob"ection
e?istent or available and known
at the time (#ST $& ,06OL&3,
otherwise, they are deemed
waived.
The leality of the search warrant should
be addressed to the court issuin the
search warrant and not to any other
court to foster "udicial stability
!/akalinawan vs. Fomez, +. S'R)
1+A>*.
1ilin of motion to 4uash is without
pre"udice to any proper recourse to the
appropriate hiher court by the party
arieved.
Rul& $4:
PROVISIONAL REMEDIES IN CRIMINAL
CASES
S&ction $' A-aila=ilit, o( +ro-isional
r&m&di&s'
NATURE OF PROVISIONAL REMEDIES
1. Those to which parties litiant may
resort for the preservation or
S/ecial
18
protection of their rihts or interests
and for no other purposes durin the
pendency of the action.
+. They are applied to a pendin
litiation for the purpose of securin
the "udment or preservin the
status 4uo, and in some cases after
"udment, for the purpose of
preservin or disposin of the
sub"ect matter.
The re4uisites and procedure for availin
of these provisional remedies shall be
the same as those for civil cases.
The provisional remedies under this rule
are proper only where the civil action
for the recovery of civil liability e?
delicto has not been e?pressly waived or
the riht to institute such civil action
separately is not reserved in those cases
where reservation may be made.
7here the civil action arisin from a
criminal offense is suspended by the
filin of the criminal action, the court
wherein said civil case is pendin can
issue the aforesaid au?iliary writs since
such orders do not involve a
determination of the merits of the case.
!(abala vs. Aba"o, $0 P#il. ,2%*
>inds o( +ro-isional r&m&di&s
1. attachment
+. in"unction
.. receivers
=. delivery of personal property
>. support pendente lite
S&ction 4' Attac*m&nt
6*o ma, a++l, (or +r&liminar,
attac*m&nt
The arieved party in whose behalf the
civil aspect of the criminal action is
prosecuted may apply for the issuance of
a writ of preliminary attachment, he
bein the person primarily and directly
interested thereby. The prosecutor in
the criminal action may make such an
application in behalf of or for the
protection of the interest of the
offended party.
,t was held by the Supreme 'ourt that
the public prosecutor has the authority
to apply for preliminary attachment as
may be necessary to protect the interest
of the offended party.
Notic& to ad-&rs& +art,I not r&/uir&d
0o notice to the adverse party, or
hearin on the application is re4uired
before a writ of preliminary attachment
may issue as a hearin would defeat the
purpose of the provisional remedy. The
time which such a hearin would take,
could be enouh to enable the defendant
to abscond or dispose of his property
before a writ of attachment issue and
the only re4uisites from the issuance of
a writ of preliminary attachment are the
affidavit and bond of applicant.
!&indanao Savings, e4. vs. Co)r o*
Appeals, 1%2 SCRA -,0*
)ttachment may be availed of O0:-
when the civil action arisin from the
crime has not been e?pressly waived or
not reserved and only in the followin
cases8
a. when the accused is about to
abscond from the /hilippines9
b. when the criminal action is based on
a claim for money or property
embezzled or fraudulently
misapplied or converted to the use
of the accused who is a public
officer or a corporate officer or an
attorney, broker, or aent or clerk in
the course of employment or by a
person in a fiduciary capacity9
c. when the accused has concealed,
removed or about to dispose of his
property9
d. when the accused resides abroad.
CRIMINAL PROCEDURE! In(ormation
S/ecial
REPU#LIC OF T"E P"ILIPPINES
NATIONAL CAPITAL JUDICIAL RE3ION
RE3IONAL TRIAL COURT
MANILAI #RANC" <$$
PEOPLE OF T"E P"ILIPPINES
PLAINTIFFI
DVERSUSD
CRIM' CASE NO' LLLLLLLLLLL
"ANNA" MAE VENTURA
ACCUSED'
INFORMATION
4
The undersined accuses 2)00)2 ()& 6&0T#R) of the crime of (#R3&R
.
,
committed as follows8
That on or about 3ecember >, +DD=
=
, in $atute, (anila
>
, /hilippines, within the "urisdiction
of this court, the said accused did, then and there, with malice aforethouht and with
deliberate intent to take the life of R&0&& %O, M)$):)
@
, willfully, unlawfully, feloniously,
suddenly, une?pectedly, and treacherously attack the latter with a metal fork, first
woundin her in the back, and afterwards, when enfeebled and unable to defend herself,
aain stabbed her in the neck, both wounds bein necessarily mortal
A
, thereby causin the
direct and immediate death of said R&0&& %O, M)$):).
'O0TR)R- TO :)7.
)pril +B, +DD>.
QQSd. 1iscal 2appyQQ
!'ityG/rovincial 1iscal*
B

0ame of the accused, Sec. A, Rule 11D.
+
,nformation, Sec. =, Rule 11D.
.
3esination of the offense, Sec. B, Rule 11D.
=
3ate of commission of the offense, Sec. 11, Rule 11D.
>
/lace of commission of the offense, Sec. 1D, Rule 11D.
@
0ame of the offended party, Sec. 1+, Rule 11D.
A
'ause of the accusation, Sec. C, Rule 11D.
B
Subscribed by the prosecutor, Sec. =, Rule 11D.

Criminal Procedure: San Beda College of Law

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