Crim pro

Rule 113 arrest

Arrest is the taking of a person into custody so that he may be bound to answer for the commission of an
offense. There must be an offense committed.

 If nothing has been committed you cannot arrest anyone.

Q: if an officer will arrest a person what is the duty of the person making an arrest?
A: the person making an arrest has a duty to deliver the person arrested to the nearest police station or
municipal jail without unnecessary delay.

Q: so may there be a delay?

A: Yes but it should not be an unnecessary delay. It should be a justifiable delay. (Bar question)

Q: a policeman resides in bakakeng but his place of assignment in la Trinidad everyday he would go to la
Trinidad. One morning, when he was on his way to la Trinidad he saw a person committing a crime so he
stop arrested the person, loaded him in his car and then brought him in the police station of la Trinidad.
Is that correct?

A: no. there is a police station nearby. His duty to bring the person to the nearest police station or
municipal jail without unnecessary delay.

Q: x he was walking and then he was arrested brought to the city jail and detained. X claiming that his
arrest and detention are illegal. What is the remedy of x to assail the legality of his arrest and detention?

A: if no case has yet been filed against x in connection with the act for which he was arrested and
detained then his remedy is to file a petition for habeas corpus.

But if there is a case filed against him and he claims that he was illegally arrested and detained, his
remedy is file a motion to quash the complaint or info on the ground that the court has no jurisdiction
over his person.

Q; x filed against y within 10 days from the filing of an information. What will the court do? If he finds
probable cause, he will issue warrant of arrest. Y came to know the issuance of warrant of arrest but y
claims that issuance of the warrant is improper. Therefore the warrant itself is void. According to y how
could the judge determine probable cause wala naman sya dito sa baguio nasa Mindanao naman sya.
Info was filed on july 1, he came back july 16 and suddenly there was a warrant arrest dated july 9. The
rule says must personally evaluate cannot assign evaluation to anyone because it must be personal
evaluation. Y claimed warrant of arrest is void because it was issued improper. What is the remedy of y?

A: if y has not yet been arrested, his remedy is motion to quash the warrant of arrest. What he asked to
set aside is the warrant itself. But if y has already been arrested, then if the warrant is void, the arrest
must be illegal his remedy would be motion to quash the information or complaint on the ground that
the court has no jurisdiction over his person. Because when the warrant is void, the arrest is likewise
void.
Q: what is the lifetime of a warrant of arrest?

A: has no definite lifetime. Once issued the warrant of arrest shall remain in effect until it is enforced or
recalled by the court that issued it.

Q: search warrant?

A: has a life time of 10 days from the date of issue. After 10 days the search warrant automatically
becomes void. Has definite lifetime.

Rule 114 bail

Also referred as bond. Bail bond is not correct.

What is bail?

Is the security given for the release of person in custody furnished by him or his bondsman to guarantee
his appearance in court.

*bail is available only to person who is in custody.

Q: after committing a crime, the offender escapes and then he tells his family to find out how much his
bond is and post his bail. Is it correct?

A: no. he is still a free man, not in custody of the law. To be able to post bail the person must be in
custody.

Purpose of bail

To secure temporary liberty of a person

2 instances when a person who is not in custody and not even an accused may be required by the
court to give bail:

1. Mentioned in sec. 14 of rule 110

*when there is substitution of an information the witnesses may be required to post bail.

2. Sec 14 of rule 119.

*if the court is satisfied that a material witness will not appear at the trial then this witness may be
required to post bail.

in what form may bail be given? (bar question)

bail may be given in any of the following:

1. cash deposit
2. property bond
3. corporate surety
4. recognizance
what are the conditions of bail?

1. Once approved, the bail shall remain in effect, unless sooner cancelled, at all stages of trial until
promulgation of judgment by the rtc whether the case has been originally filed in or appealed to
it.

*The identity of the accused like the crime itself must be proven beyond reasonable doubt at the
trial the prosecution must prove the commission of the crime and identity of the accused who is
alleged to have committed the crime.

*So even let us say the crime can be proven but the identity of the one who committed it cannot
be proven then the accused must be acquitted that is why the appearance of the accused in
court may be required by the court for what is known as in court identification. The prosecution
will call witnesses and put them in stand and will testify like the testimony of witness should be
taken in question and answer form and should be upon questioning the examining counsel.

2. The accused must appear in court whenever required by the court or rules of court.
3. The failure of the accused to appear In court when required notwithstanding notice to him and
without any justifiable cause will constitute as a waiver of his right to appear on the date of
which he was notified and he may be tried in absentia. (trial in absentia) but for trial in absentia
for it to happen it must be shown that the accused is notified of the date of the trial and
notwithstanding notice to him he failed to appear then he can be tried by his absence
4. That the accused must surrender himself to the court for the execution of final judgment of
conviction

Where to file bail or what court should the accused post his bail?

1. In the court where the case is pending

 But if the judge of that court is absent or unavailable then the accused may file his bail in the rtc
or mtc of the same place
 If the accused is arrested in the province, city or municipality other than where the case if
pending then he may post his bail in the rtc if not in the mtc of the same place

Eg: baguio have many rtc. Case is pending before rtc branch 5, accused is detained. He ask escorted with
the police officer along with his lawyer he went to rtc branch 5 to post bail and he was told the judge is
absent. (Friday afternoon) does he have any option?

A: he can go to any rtcs. But he was told that the judge is also absent. He went to mtc but he was told
the same thing. What else can he do? No more.

Q: the accused is not detained there was a p.i and there was probable cause filed against him so they
filed the information in the rtc. The rtc judge will determine existence of probable cause and if he
finds there is probable cause he will issue warrant of arrest. The accused was arrested in bauang la
union. Can he post his bail in rtc bauang?
A: yes and if here is rtc then in the mtc of the same place. The court in bauang has the authority to
approve the bail posted by the accused and that court will issue an order directing the release of the
accused from custody and also has the duty to transmit the bail of the accused to the court where
the case is pending

Q: can he come up to baguio and then post his bail in the court where the case is pending?

A; yes he can also do that. If the judge of this court is also absent he can go to other rtcs in baguio.

Q: when arrested in bauang it was 4 o’clock in the afternoon he was loaded in the police van and
coming up to baguio but was very slow. So that when the police van in Sablan at 4:47 so the accused
told ask to post bail in mtc Sablan. The judge approved his bail and issued order for his release. Is
that correct?

A: no. he cannot post his bail in any other place. Ha can post his bail only either in bauang or baguio.

2. Where bail is a matter of discretion or the accused desired to be release on recognizance the
application therefore may only be filed in the court where the case is pending.

*if the accused desires to be release on recognizance.

Recognizance- simply sign an undertaking to appear in court and then the accused will be released
to the custody of another person or he may be released on his own recognizance it depends on the
court or law.

3. A person who is in custody who has not yet been charged may apply for bail in any court of the
province, city or municipality where he is being held

Q: person is arrested and claimed it is valid warrantless arrest. What will happen to that person?

A; he will be brought into detention custody.

Q: there is no charge against him yet. Can he now post bail?

A: yes. Where? In any court of the prov, city or mun where he is being held

Actual case: person was arrested for carnapping and he was detained at camp crame then he applied
for bail with the rtc of Marikina approved his bail and issued an order for his release. When order is
brought into camp crame. The person who is in custody of person arrested refuse to release him. Is
the office correct?

A: yes. Because the application for bail should have been filed in any court in qc bcs camp crame is in
qc not in Marikina. Court of Marikina has no authority to approve the bail and issue an order.
Beyond its jurisdiction.

4. If the accused has been convicted by the rtc and bail is a matter of discretion. The accused may
file his bail on the same rtc notwithstanding that a notice of appeal has already been filed
provided the record of the case has not yet been transmitted to the appellate court.

*the accused must apply for his release

*If the accused is convicted by the rtc and the penalty imposed is not punishable by death, rp or life
imprisonment. He can post bail but it will depend on the discretion of the court

*the accused may file his application for bail in the same rtc.

*if the accused appeals from the judgment he will file notice of appeal. When the accused files
notice of appeal, upon filing of notice of appeal the court loses jurisdiction over the case. Case he
still file his bail? Yes provided that the record of the case has not yet been transmitted to the
appellate court.

5. if the judgment on conviction changes the nature of the offense from non bailable to bailable the
application, for bail may only be filed with and be acted upon by the appellate court.

*only the appellate court can act upon the application for bail

Q: when does this happen?

A: if the judgment on conviction changes the nature of the offense from nonbailable to bailable

Eg: accused is charged with murder pleaded not guilty and went to trial. He was convicted of
homicide. The judgment of conviction changes the nature of the offense from nonbailable to
bailable. When the accused would like to file application for bail in what court should he file his
application?

*when prosecution fails to prove qualifying circumstance like evident premeditation then the crime
committed is only homicide

A: with the appellate court he cannot file with the trial court.

Q: judgment of conviction changes from bailable to nonbailable?

A: no it cannot happen that way. The right to be inform would be violated. Cannot be convicted of
the crime higher than that.

Q: murder, can u be convicted with homicide?

A: yes because homicide is included in murder.

Q; may the accused be convicted of the crime proven even if is not the crime charged?

A: yes provided the crime proved is necessary included in the crime charged. Provided furthermore
that at the time of the filing of info/comp the crime proven has not yet prescribed.

BAIL IS A MATTER OF RIGHT

1. Before or after judgment of conviction by the mtc

2. Before judgment of conviction by the rtc of an offense punishable by death/rp/li.
3. Before a judgment of conviction by the rtc of an offense punishable by death/rp/li and the
evidence of guilt against the accused is not strong.
 BAIL IS A MATTER OF DISCRETION

1. After a judgment of conviction by the rtc of an offense not punishable by death/rp/li

*but if judgment becomes final it becomes neither a matter of right nor discretion (no.4)

BAIL IS NEITHER A MATTER OF RIGHT NOR DISCRETION

1. Before a judgment of conviction by the rtc of an offense punishable by death/rp/li and the
evidence of guilt against the accused is strong
2. After a judgment of conviction by rtc and the penalty imposed is death/rp/li
3. After a judgment of conviction by the rtc and the penalty imposed is imprisonment exceeding 6
years but less than death/rp/li and (bail negating circumstances)
a. The accused is recidivist, quasi recidivist, habitual delinquent or he committed the offense
with aggravating circumstance of reiteracion
b. The accused committed an offense while on parole, probation or conditional pardon
c. That he escapes from legal confinement, evaded service of sentence, or violated his
conditions of his bail
d. That there is undue risk that the accused will commit another offense if release for bail
e. There is strong probability to flight
4. Upon finality of judgment of conviction, unless the accused files an application for probation

Eg: judgment promulgated on july 1 then the accused has 15 days to appeal from judgment up to july 16.
After july 16 the judgment becomes final. Even if the conviction is for minor offense then you have to
serve sentence. You cannot post bail anymore. It applies to all offenses.

If he files application for bail on july 5 then the judgment becomes final on july 5 as of that moment.

Upon finality of judgment of conviction unless the accused files application for probation.

If the accused cannot post bail but files an application for probation he can be released on recognizance.

*Penalty imposed exceeds 6 years the accused cannot apply for probation. Probationable only if it does
not exceed 6 years.

Q: what is the remedy of the accused if he is charged with nonbailable offense?

A: his remedy is to file motion for bail then the court will conduct bail hearing. At the bail hearing the
prosecution has the duty to present evidence to prove that the evidence of guilt is strong. On the other
hand the accused may or may not present evidence. But after the bail hearing the court will issue an
order to resolve the motion for bail and the court will summarize the evidence presented and it will
make its conclusion as to whether the evidence of guilt is strong or not. If the court says in that order
that the evidence of guilt is not strong then bail is a matter of right. But if the evidence of guilt is strong it
becomes neither a matter of right nor discretion.
Instances when an accused may be released on recognizance:

1. In light offenses
2. If the accused is a youthful offender (acting with discernment when he committed the offense)
3. If the accused applies for probation but unable to post bail
4. The accused has been detained for a period equal to or more than the minimum imposable
penalty
5. If the accused is qualified to be release in recognizance under RA10389

If case is pending in court but he is in jail because unable to post bail or his offense is nonbailable
you call him detention prisoner

Person is in jail and now serving his sentence- prisoner serving sentence

He has been in jail equal to or more than the maximum of the penalty then he must be released
immediately.

Ra 10389 recognizance act of 2012

Recognizance - method of securing the release of a person in custody for commission of an offense but
unable to post bail because of abject poverty. (ung nasa law ung sundin wag to haha)

*inability to post bail because of abject poverty

Recognizance is a matter of right if offense is not punishable by d/rp/li but the accused must file an
application for recognizance. He should file it with the court where the case is pending before or after
judgment of conviction by the mtc or before judgment of conviction by the rtc and his application must
be accompanied by:

1. Sworn declaration by the accused that he is an indigent

2. Certification issued by the head of local social welfare agency of the city or municipality where
the accused actually resides that he is indigent

*must issue a certification that the accused is indigent

3. The accused has already been arraigned

4. The court must give notice of the application to the sangguniang panlungsod or sangguniang
bayan where the accused actually resides

*the application of the accused must be taken up by the local sangguniang in its regular or special
session.

*he will be released on custody by the qualified custodian. Read the qualifications of a custodian.

Q: the accused comply with all the requirements may his application be denied notwithstanding his
compliance with the requirements?

A: yes if it is shown that he has following disqualifications:

1. That he has made an untruthful statement in his sworn declaration

 2.6 bail negating circumstances
5. He has pending case involving an offense punishable by a penalty equal to or more than his
present offense.

Extradition

Q: may an extradite be allowed bail while the proceedings is pending against him?

A: yes provided he can prove by clear and convincing evidence:

1. He is not a flight risk

2. He is not a danger to the community
3. There is special, compelling and humanitarian reason for allowing him bail

Q: may the court impose as a condition that the accused must be first arraign?

A: no. the court cannot imposed that as a condition except that in recognizance the accused must have
already been arraigned.

Cancellation of bail

Either upon motion or application

What are the instances may be cancelled only upon application:

1. Proof of death of accused

2. Upon surrender of the accused to the court

*bondsmen can arrest the accused and surrender him in court.

Bail may be cancelled automatically:

1. Upon acquittal of the accused

2. Upon dismissal of the case
3. Upon execution of a final judgment

*no need to file because cancellation is automatic

Order of forfeiture

If the accused is required to appear in court and a notice is sent to him but notwithstanding such notice
he fails to appear then the court will issue a bench warrant for the arrest of the accused. The court will
issue an order (order of forfeiture) requiring the bondsmen within 30 days from receipt of order 1) to
produce the body of the accused in court 2) show cause why no final judgment should be render against
them for the amount of the bail 3) to explain why the accused failed to appear in court the first time he
required to do so

*if the bondsman fails to comply with any of this then the court will issue an order declaring the bond
confiscated in favor of the government. –order of confiscation. Explain first order of forfeiture
*accused does not appear in court, he will jump bail then the bondsmen can arrest him and surrender
him in court and ask for the bond be cancel otherwise the bondsmen will suffer the consequence of
having the bail confiscated in favor of the government.

Eg: accused unable to post bail come to x to put up his property as his bond. If he does not appear in
court, the bond may be confiscated in favor of the government.

Rule 115 rights of an accused

1. Right to be presumed innocent until his guilt is proven beyond reasonable doubt.

*burden of proof lies on the prosecution not the duty of the accused. Amount of evidence needed is
proof beyond reasonable doubt.

The court will weigh the evidence so that in the mind of the court the evidence is balance then the
balance will be tilted against the party who has the burden of proof. –equipoise rule

2. Right to be informed of the nature and cause of the accusation against him

*violated that may result in his acquittal

Q: Charged against the accused is rape when arraigned he pleaded not guilty what was proven in
evidence is seduction. May he be convicted of seduction?

A: No otherwise his right to be informed will be violated.

Q: may an accused be convicted even if it is not the crime charged?

A: yes. Provided the crime prove is necessary included in the crime charged and The crime proved has
not yet prescribed at the time complaint/information was filed

3. Right not to be compelled to testify against himself

*more than right against self-incrimination

Accused A witness W the prosecution would like them to testify. W cannot disobey the subpoena. If he
disobey he can put in prison for contempt of court. A can refuse to testify has the right not to be
compelled to testify against himself. W can testify but if the question tends to subject him to a
punishment for another offense, then he can claim his right against self-incrimination.

Right against self-incrimination applies only to testimonial evidence.

Q: person suspected of having in his possession some quantities of shabu and when the police came he
swallowed the plastic of shabu. He is now compelled to expel it in his body can he be compelled?

Yes because that is not right against self incrimination. Not testimonial evidence.

Q: woman can be compelled to take pregnancy test?

Yes, Not testimonial evidence. in p vs yadar A person can be compelled to provide a dna sample from his
own body. That is not included in right against self incrimination. This has been extended covered
anything that is communicative in nature like a person compelled to provide sample of hand writing that
is covered by right against self incrimination because that is communicative.
 if the accused would like to testify as his own witness but subject to cross examination on matters
covered by the direct examination.

Rule 116 arraignment and plea

Sec 1 accused must be arraigned in open court by reading to him the comp/info in the language or
dialect known to him and then he must personally enter his plea.

Arraignment has two components:

1. The reading of comp/info

2. The accused enters a plea

*Plea can be guilty or not guilty

*The accused must personally enter his plea.