Criminal Procedure Notes
Lectures by Dean Agranzamendez; AY 2017-2018
I. Jurisdiction
Definition of jurisdiction
 Latin origin: “I speak by the law”
 It is the power or authority of the court
to try and decide the case.
 Lack of jurisdiction can be a ground for
dismissal of the case.
Criminal jurisdiction
• It is the power to try and hear a criminal
offense and impose the penalty
prescribed by law.
Criminal case
• Also called “criminal action”
• It is a proceeding by which the State
prosecutes a person for an act or
omission punishable by law.
What determines jurisdiction of courts? O-P
• It is the offense alleged in the complaint
or information, and the corresponding
penalty prescribed by law for the offense
committed.
What happens when a case is filed in the RTC,
but during trial, the evidence proved a lesser
offense which falls under the MTC's
jurisdiction? Will the RTC be ousted of its
jurisdiction?
• No. Once jurisdiction is validly
acquired, it will continue, even if a lesser
offense is proven.
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In order for a court to validly try a case, it must 1. the offender must be in Section 4 of
have jurisdiction over: R.A. 106602; and
1. the offense; 2. commits violations of the following:
2. the person of the accused; and (a) RA 3019 (Anti-Graft & Corrupt
3. the territory. Practices Act)
(b) RA 1379 (Forfeiture of illegally-
A. Over the offense acquired wealth
(c) Chapter 2, Section 2, Title 7, Book 2
Over what offenses may the MTC1 exercise of the Revised Penal Code (such as
jurisdiction? bribery, malversation, illegal exaction,
MTC-O-ne6 and other crimes by public officers)
1. All violations of city or municipal (d) RA 7080 (Plunder Act), AMLA, Anti-
ordinances committed within their Gift giving Act
respective territorial jurisdiction; and (e) E.O.s 1,2,14,14-A (sequestration
2. All offenses punishable by imprisonment cases)
not exceeding 6 years, regardless of fine, (f) any other offenses, either simple or
except: LIEMD cosmplexed with other crimes,
(a) Libel; committed by government officials (in
(b) Infringement of copyright, in the absence of Sec. 4 of RA 10660) in relation to
special commercial courts in the place where the their office.
crime was committed;
(c) Election offenses; • The RTC has exclusive and regional
(d) Offenses involving minors, if there are no jurisdiction if the information:
Family Courts in the place where the crime was ◦ doesn't allege any damage; or
committed; and ◦ alleges but in an amount not
(e) Drug-related cases. exceeding P1,000,000.
The abovementioned, as well as offenses with a
penalty of imprisonment that exceeds 6 years are
2 This enumerated the officers and government employees
triable by the RTC.
triable by the Sandiganbayan, including but not limited to:
◦ governor, vice-governor
What offenses fall under the jurisdiction of the
◦ Sangguniang Panlalawigan
Sandiganbayan?
◦ department heads
• For Sandiganbayan to acquire ◦ city mayor, vice mayor
jurisdiction: ◦ city council
1 This includes all the trial courts at the first level, namely, ◦ city treasurer, city assessor
MTC, MCTC, MTCC, and MeTC. ◦ those with salary grade of 27 and higher
Criminal Procedure Notes
Lectures by Dean Agranzamendez; AY 2017-2018
Habitual Delinquency
• The accused is a habitual delinquent
when within 10 years from his
conviction of:
FRETSL
(a) less serious physical injuries;
(b) serious physical injuries;
(c) robbery;
(d) theft;
(e) estafa; or
(f) falsification,
the accused is found guilty of any of the
said offenses a third time or oftener.
• If the accused is found to be a habitual tried?
delinquent, an additional penalty is
imposed.
• But in determining which court has
jurisdiction, the additional penalty for
habitual delinquency is not taken into
account, for the simple reason that
habitual delinquency is not a crime.
B. Over the person of the accused
How may a court acquire jurisdiction over the
person of the accused?
1. By his valid arrest
2. By voluntary appearance in court
Custody of the law
• “Jurisdiction over the person of the
accused” is not the same as “in custody
of the law”.
• Custody of the law means literal custody
over the body of the person, i.e.,
detention.
• A person must be in custody of the law
when he applies for bail or posts his bail.
C. Over the territory
• In civil actions, venue and jurisdiction are
not the same.
• Venue is the place of trial.
• In criminal actions, there is no distinction
between venue and jurisdiction.
Where may a criminal action be instituted and
Where - C T V O
1. in the court where the criminal offense is
committed, or in the case of a continuing
crime, where any of its essential
ingredients (elements) occurred
2. if the crime is committed in train, aircraft
or vehicle, whether private or public, in
the course of its trip – in the court where
the train, aircraft, or vehicle, passed
during its trip, including the port of
departure and port of arrival
3. if the crime is committed on board a
vessel in the course of its voyage – in the
court of the first port of entry, or the court
of the municipality or territory where the
vessel passed
4. if the crime is committed outside the
Philippines but is punishable under Art. 2
of the RPC – in the court where the action
is first filed
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UC Law – JD 2021
• Note: Only the Supreme Court may order
a change of venue, the purpose being to
avoid a miscarriage of justice.
Where may a criminal action for libel be filed?
1. in the RTC of the city or province where
the libelous article was printed or first
published, whether the offended party is a
private person or a public officer
2. in the RTC of the city or province where
the offended party, if a private person,
actually resides at the time of the
commission of the offense
3. in the RTC of the city or province where
the offended party, if a public officer,
actually holds office at the time of the
commission of the offense
Where may a criminal action for perjury be
instituted?
• In the court of the place where the crime
was committed, either by:
(a) false testimony in a case other than a civil or
criminal case; or
(b) false affidavit.
II. Rule 110: Prosecution of Criminal Offenses
How may a criminal action be instituted?
Section 1, Rule 110 states that–
1. As to offenses requiring preliminary
investigation, by the filing of a complaint
with the proper officer.
2. As to all other offenses, by the filing of a
complaint or information directly with the
Criminal Procedure Notes
Lectures by Dean Agranzamendez; AY 2017-2018
MTC or MCTC, or prosecutor's office.
However, in Metro Manila and other chartered
cities, complaint shall be filed with the office of What are the distinctions between a complaint
the prosecutor.
When is preliminary investigation necessary?
PI-421
• Preliminary investigation is required if
the penalty is imprisonment of at least 4
years, 2 months and 1 day, regardless of
the amount of fine.
Complaint/Information
• Criminal prosecution must only be upon
a complaint or information.
• Section 2, Rule 110 states that a criminal
complaint or information must be:
WPA
1. in writing;
2. in the name of the People3 of the Philippines;
and
3. against all those who appears to be
responsible for the offense
Who represents the People in criminal actions?
The plaintiff is represented by:
1. the Office of the Prosecutor at the
MTC/RTC level
2. the Solicitor General at the CA/SC
level
3. the Ombudsman in cases involving
public officers at the
3 The People = plaintiff in a criminal action, because
when you commit a crime, you violate the sovereignty of
the State. The offended party/victim is just a witness and a
claimant with respect to the civil aspect of the case.
Sandiganbayan/SC level
and an information?
1. As to definition:
• A complaint is a sworn written
statement charging a person of an
offense, subscribed by the offended
party, peace officer, or a public officer
charged with the enforcement of the
law violated.
• An information is an accusation in
writing signed by the public
prosecutor.
2. As to who signs it:
• A complaint may be signed by:
◦ (a) the offended party;
◦ (b) the peace officer; or
◦ (c) the public officer charged with
enforcement of the law violated.
• An information may be signed only
by the public prosecutor.
3. As to form, a complaint must be made
under oath, while an information need not
be.
• Note: If a complaint is not made
under oath, the defect is only formal
and can be cured by amendment.
3. As to where to file:
• A complaint is filed either with:
(a) the Office of the prosecutor; or
(b) the court.
• An information is filed directly at
court.
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What makes a complaint/information sufficient?
When all of the following are stated:
N-D-A-N-P-A
1. name of the accused
2. designation of the offense, as given by
statute
3. the act or omission complained of as
constituting the offense
4. name of the offended party
5. place of commission
6. approximate date of commission
Why is it important for a complaint/information
to be sufficient?
• It must be sufficient so as:
◦ to give the accused all the information
he needs to prepare for trial; and
◦ to not violate his right to be informed
of the nature and cause of the
accusations against him.
What if the name of the accused is unknown?
1. The accused may be described (e.g.
“owner of Suzuki Jimny with plate
number HOE-69”); or
2. A fictitious name may be used (common
practice is the use of “John Doe” or “Jane
Doe”).
The moment the name is known, the
complaint/information may be amended to state
his/her correct name.
What if there are several accused?
• All the names of the individuals must be
included in the title and body of the
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Lectures by Dean Agranzamendez; AY 2017-2018 UC Law – JD 2021

information. will not be fatal to the case of the • The moment the information is filed, the
prosecution. court will issue an order directing:
When is it legally permissible to not include the • The exception to this rule is when the ◦ the accused to show cause; and
name of the accused in the date is an element of the offense, like in ◦ a pre-suspension hearing on why
complaint/information? the case of Infanticide. he/she shouldn't be preventively
The exception to the rule is in cases where the suspended.
accused has been admitted to the Witness May the complaint/information charge more than
Protection Program (RA 6981). one offense? Pre-suspension hearing
• No. The complaint/information must What is the issue in a pre-suspension hearing?
What if there is no designation of the offense charge only one offense. • It is the validity of the information filed.
committed? ◦ In case of duplicitious or
• The law or section of the law that has multiplicitious complaint/information, • This is also called suspension pendente
been violated may be mentioned (e.g. the defense may file a Motion to lite.
violation of B.P. 22, violated of Sec. 3(b) Quash. If this is not done and the • If the accused can show that the
of RA 3019) accused is arraigned, the defense information is not valid, he will not be
waives its objection and the accused suspended.
The acts or omissions complained of must refer may be convicted to as many offenses • The moment that the court finds that the
to the elements of the offense. as alleged. information is valid, however, it becomes
• If there are no elements, there is no • The exception is when the law prescribes its ministerial duty to suspend the public
crime at all, and the defense may file a a single punishment for various offenses: officer for a period not exceeding 90 days.
Motion to Quash on the ground that the ◦ complex crimes (when a single act • An indefinite suspension pendende lite is
facts charged do not constitute an constitutes two or more grave or less void.
offense. grave offenses, or when an offense is
a necessary means for committing the • The right to assail the validity of an
The place of commission will also show if the other)
court has proper jurisdiction. information includes the right to
◦ special complex crimes (such as Rape challenge:
with Homicide) ◦ the legality or validity of the
The date of commission alleged need not be ◦ when the offense is an element of the
exact. An approximate date (i.e., “on or about”) proceeding; and
other offense ◦ the propriety of the prosecution on the
is sufficient.
• Such that if the date of commission What happens when the information is filed ground that the facts charged don't
alleged is “July 16, 2016” but the against a public officer (for violation of RA 3019 constitute a violation of RA 3019 or a
evidence of the prosecution during trial or a provision in the RTC on Bribery) in the provision in the RPC on Bribery.
showed that the crime was actually Sandiganbayan, RTC, or MTC, as the case may
committed on July 6, 2016, this error be? Amendment of a Complaint/Information
• Amend means change, modify, alter,
Criminal Procedure Notes
Lectures by Dean Agranzamendez; AY 2017-2018
correct, delete, or add allegations.
Who may amend/file for an amendment?
• It is only the prosecution who may file
for an amendment of a complaint or
information.
What are the 2 kinds of amendment?
1. Formal amendment, or amendment as to
form, such as the correction of the:
• name/s of the accused
• date of the commission of the
offense
• penalty that the court may impose
after trial
2. Substantial amendment, or amendment
as to substance, is when:
• the nature of the offense is changed;
• the jurisdiction of the court is
affected; or
• the defense of the accused under the
original information is no longer
available, such as:
• when Homicide is amended to
Murder, or Simple Seduction to
Qualified, or Acts of
Lasciviousness to Rape.
Leave of court
• An amendment may be done:
1. with leave of court; or
2. without leave of court.
• Leave of court means permission from
the court.
• The rules to follow depends on when the
amendment is to be made:
1. Before the plea:
(a) The information may be amended
as to form or substance without
leave of court.
(b) If the purpose is to downgrade the
nature of the offense, or to
exclude an accused from the
complaint or information, the
amendment must be:
(i) upon a motion of the prosecution;
(ii) with notice to the offended party (who has the
right to oppose or resist said motion); and
(iii) with leave of court.
1. After the plea:
(a) The only amendment that can be
made is a formal one, and it must
be with leave of court.
◦ This is to uphold the
accused's right against double
jeopardy.
◦ An example is when the
prosecution wants to add a
generic aggravating
circumstance in a Homicide
case.
◦ But when what is to be added
is qualifying, like evident
premeditation, such
amendment is substantial as it
will already change the nature
of the offense.
(b) If the amendment is by reason of
a supervening fact, it must be What are the differences between an amendment
done with leave of court.
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◦ An example of this is when
the offended party in a
Frustrated Murder case dies
during trial. The accused may
now be found guilty of
Murder.
◦ Subsequent insanity of a rape
victim is another example.
This will produce the effect of
increasing the penalty of the
accused.
Substitution of a Complaint/Information
• When it appears at any time before
judgment that a mistake has been made in
charging the proper offense, and the court
cannot convict the accused of the crime
charged, then the court shall dismiss the
original complaint/information, and allow
the filing of the new one charging the
proper offense.
• An example is when the an accused was
charged with Theft but later on, when trial
proceeded, the totality of evidence
showed that crime committed was
actually Estafa. In a case like this, the
accused can neither be convicted of Theft
nor Estafa. The court cannot also just
acquit him. The remedy, therefore, is
substitution, and the court must allow the
filing of a new information that will now
charge the proper offense.
and a substitution?
Criminal Procedure Notes d.m.g.
Lectures by Dean Agranzamendez; AY 2017-2018 UC Law – JD 2021

• In a subsequent amendment, there is a • When one of the exceptions above is case.

likelihood that the right against double present, the case is entirely criminal.
jeopardy might be violated. In • The judgment is two-fold:
substitution, there is no way for said (a) penalty for the offense
right to be violated. (b) judgment with respect to the civil liability,
like:
Who may file an action in cases of seduction, ▪ loss of income
abduction or acts of lascivousness? ▪ moral damages
• ▪ hospital expenses
What is the doctrine of parens patriae?
▪ loss of earning capacity
• case in the prescriptive period of filing a case?
• A person acquitted in a criminal case
III. Rule 111: Prosecution of Civil Actions may still be civilly liable.
• Only the civil action for recovery of
Section 1 states that–
civil liability arising from the offense
• When a criminal action is filed, the civil
(delict or act/omission punishable by
action for the recovery of civil liability is
law) is deemed instituted.
arising from the offense charged is
• All other civil actions (arising from
deemed instituted, subject to exceptions.
law, contract, quasi-contracts or quasi-
delicts) aren't deemed instituted.
When is a civil action for the recovery of civil
liability arising from the offense not deemed
Reservation of the right to file civil action
instituted upon filing of the criminal action?
separately
The exceptions to the rule are:
• Who may reserve the right to file the
1. when the offended party waives the
action separately?
civil action;
2. when the offended party reserves the ◦ The offended party.
right to file the civil action • When?
separately; and ◦ At any time before the prosecution
3. when the civil action is instituted starts presenting evidence, but always
prior to the criminal action. under circumstances as would enable
the offended party to make such
In a criminal action, there is just one case, but reservation.
there are two aspects, namely, the criminal and • In what court?
the civil. ◦ In the same court trying the criminal
Are there instances where the law doesn't allow
the reservation of right to file a civil action
separately?
Yes, in the following cases:
1. violations of B.P. 22
2. criminal actions against public officers
What is the effect of the reservation of the civil
•
May the offended party file the civil action while
the criminal action is pending in court?
• No, he has to wait for final judgment to be
rendered in the criminal case.
Suppose the accused is acquitted in the criminal
case. May the offended party still file the civil
action reserved?
• Yes, notwithstanding the acquittal.
Moreso if the acquittal was based on
reasonable doubt.
• The same evidence (which failed to
satisfy the quantum of proof beyond
reasonable doubt) may be sufficient to
satisfy the test of preponderance of
evidence.
• Preponderance of evidence means
“greater weight if evidence”.
◦ Thou art weighed in the balances, but
art found wanting. (Daniel 5:27)
◦ Tinimbang ka ngunit kulang.
Criminal Procedure Notes
Lectures by Dean Agranzamendez; AY 2017-2018
What happens when pending civil action, a
criminal action was instituted?
• The civil action must be suspended at
any stage it may be found, to await the
final judgment in the criminal case.
Is there an instance when it is the criminal
action that is suspended and not the civil case?
• Yes, when the civil action is a prejudicial
question.
Prejudicial Question
• In order for there to be a prejudicial
action:
(a) one case must be civil and the other
criminal4; and
(b) the civil case must be previously instituted.
• The requisites are:
(a) that the previously instituted civil action
involves an issue that is similar to or intimately
connected to the issue raised in the subsequent
criminal case; and
◦ (b) that the resolution of the issue
will determine the guilt or innocence Does the extinction of the civil action carry with
of the accused in the criminal case.
• An example is when a case for the
declaration of nullity of marriage is filed
by a “second wife” and later on, a
criminal case charging Bigamy is filed
by the first wife against the husband and
the second wife. On the part of the
4 There can't be a prejudicial question when one case is
civil and the other is administrative, or one is
administrative and the other criminal, or both are civil
cases.
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second wife, there is a prejudicial civil liability.
question because the validity of her 2. Acquittal based on reasonable doubt – the
marriage (the resolution of the issue in the accused may still be civilly liable.
civil case) will determine her guilt or
innocence in the Bigamy case (criminal Effect of the death of the accused
case). • In People vs. Bayotas, where the accused
who was found guilty by the RTC and
What will the court do? sentenced to pay damages, died while the
• The judge is only authorized to suspend case was on appeal/pending in the Court
the criminal action, and not permitted of Appeals, the Supreme Court ruled that
dismiss it outright on the ground of a not only the criminal liability was
previously instituted civil action extinguished, but also the civil liability
constituting a prejudicial question. based on the delict.
• But where the accused who was charged
Motion to Suspend of violation of B.P. 22 was convicted and
• Where to file: sentenced to pay the value of the check by
◦ if pending preliminary investigation – the trial court, and thereafter, when the
in the office conducting it case went on appeal and was pending, he
◦ if case is filed in court – in court died, the Court held that only his criminal
• When: at any time before the prosecution liability is extinguished. Hid civil liability
rests. cannot be extinguished because the civil
• Who: the accused (the defense). liability is based on a contract.
IV. Rule 112: Preliminary Investigation
it the extinction of the criminal?
• No. Rule 111, Section 2, last paragraph. Definition: Section 1 states that–
• However, the civil action shall be deemed • Preliminary investigation is a proceeding
extinguished if there is a pronouncement or inquiry to determine whether there is a
in a final judgment of the criminal action reasonable ground to engender a well-
that the act or omission from which the founded belief that a crime where the
civil liability may arise did not exist. penalty is at 4 years, 2 months and 1 day,
regardless of fine, has been committed,
Two Kinds of Acquittal and the respondent is probably guilty.
1. Where the court rules that the accused is • Purpose: to determine the existence of
not the author of the crime – there is no probable cause
Criminal Procedure Notes d.m.g.
Lectures by Dean Agranzamendez; AY 2017-2018 UC Law – JD 2021

• Probable cause means more likely than • citizen → after filing of complaint → was filed?
not, the accused is guilty of the offense. respondent → after filing of case against • Within 10 days from the filing of the
• A preliminary investigation is not an him → accused → if found guilty → information, the RTC judge shall
occasion for a full display of evidence. convict personally evaluate the resolution and the
• The existence of probable cause may be supporting evidence.
based on hearsay. Is the respondent entitled to a copy of the (a) If he finds probable cause, he shall issue a
• The admissibility or inadmissibilty of counter-affidavits of his co-respondents? warrant of arrest.
evidence is not an issue during the • No. This will not violate his right to due (b) If the evidence on record fails to establish
preliminary investigation. process. probable cause, the judge shall dismiss the case.
(c) If there is a doubt as to the existence of
Who may conduct a preliminary investigation? Suppose an offense required a preliminary probable cause, the judge shall issue an order
1. city/provincial prosecutor or their investigation, but none was conducted. An directing the prosecution to submit additional
assistants (Note: The city/provincial information was filed despite this. What is the evidence within 5 days from notice.
prosecutors used to be called fiscals.) accused's remedy? ◦ (i) If the judge now finds probable
2. national/state prosecutor • He may file a motion asking the court to cause, he shall issue a warrant of
3. other officers as may be authorized by suspend the proceedings in the meantime arrest.
law (e.g., Ombudsman, PCGG, and direct the prosecution to conduct a ◦ (ii) If there's still no probable cause,
COMELEC) preliminary investigation. he shall dismiss the case.
• If the accused enters his plea without
What happens after a finding of probable filing said motion, he waives his right to What are the 2 kinds of determination of
cause? the preliminary investigation. probable cause?
• The prosecutor will serve a subpoena to 1. Executive determination
the respondent directing him to file an May a preliminary investigation be conducted ex The officer who conducted the preliminary
answer within 10 days from receipt of parte (without the respondent's participation)? investigation has the duty to justify the filing of
subpoena. • Yes, in two instances: the information.
• The respondent shall file his counter- 1. if the respondent cannot be served 2. Judicial determination
affidavit, together with the supporting with a subpoena The judge of the RTC has the duty to determine if
evidence, such as affidavits of the 2. if the respondent is served a subpoena there is a basis for the issuance of a warrant of
witnesses, documentary evidence, or but he doesn't file a counter-affidavit arrest.
object evidence, if any. (Note: Based on AM No. 15-06-10-SC dated
• (Note: The plural form of subpoena is Is the irregularity in the preliminary September 1, 2017, a “Motion for Judicial
subpoenae, pronounced as sub-pee-nee, investigation a ground for a Motion to Quash? Determination of Probable Cause” is now
not sub-pee-na.) • No. prohibited.)

Stages/nomenclatures of a criminal What will the RTC judge do after an information What if the case is filed with the MTC?
Criminal Procedure Notes
Lectures by Dean Agranzamendez; AY 2017-2018
1. For offenses requiring preliminary dismiss the case.
investigation (those with a penalty
within the bracket of 4 years, 2 months, Summons
1 day to 6 years, the judge shall issue • In civil actions, this directs the respondent
warrant as in the RTC judge: to file an answer.
Within 10 days from the filing of the information, the • In criminal actions, this may only be
RTC judge shall personally evaluate the resolution and the
supporting evidence.
issued in cases filed with the MTC where:
(a) If he finds probable cause, he shall issue a warrant of 1. preliminary investigation is not required; and
arrest. 2. probable cause is found but there is no
(b) If the evidence on record fails to establish probable necessity of placing the accused under immediate Defintion
cause, the judge shall dismiss the case. custody of the law.
(c) If there is a doubt as to the existence of probable
cause, the judge shall issue an order directing the
prosecution to submit additional evidence within 5 days Before a case may be filed in court, there must
from notice. be:
(i) If the judge now finds probable cause, he shall issue a 1. Inquest – an informal investigation by an What is the duty of the officer making the arrest?
warrant of arrest. inquest prosecutor to determine if there is
(ii) If there's still no probable cause, he shall dismiss the
case.
enough ground to commit the accused in
2. For offenses not requiring preliminary jail and for the filing of the case in court.
investigation, or those with a penalty 2. Before the information is filed, the
lower than 4 years, 2 months and 1 day: accused can ask for a preliminary
(a) if the case goes to court by means of an investigation, if none was conducted.
information, as in (1). • The accused will waive Art. 125 of When may a person be validly arrested without a
(b) if the case goes to court by means of RPC (Delay in the Delivery of warrant?
complaint, the MTC shall personally examine Persons Detained), so that he may Section 5 states that a peace officer or private
the complaint and witnesses, in writing, and now be detained indefinitely.
under oath, by means of searching questions, • To be an effective waiver, it must be
and: in writing and in the presence of
(i) if there is probable cause and a necessity to counsel.
place the accused in immediate custody of law, 3. Information – filed in court
the judge shall issue a warrant. ◦ Within 5 days from the time he learns
(ii) if there is probable cause and there is no of the filing of the information, the
necessity to place the accused in immediate accused may ask for a preliminary
custody of the law, the judge shall issue a investigation to be conducted.
summons. ▪ The nature of this 5-day period is
(iii) if there is no probable cause, the judge shall mandatory. If he fails to ask, he
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waives his right to ask it.
4. Commitment Order – issued by the court
because the accused is already in jail
◦ With this, the accused can now be
detained indefinitely unless he posts
bail.
V. Rule 113: Arrest
• It is the taking of a person in custody in
order that he may be bound to answer for
the commission of an offense.
• Section 3 states that it shall be the duty of
the officer making the arrest to deliver the
person to the nearest police station or
city/municipal jail without unnecessary
delay.
person may arrest without warrant:
1. when in his presence, the person to be
arrested:
(a) has committed an offense;
(b) is actually committing an offense; or
(c) attempting to commit an offense.
2. When an offense has just been committed
and he has probable cause to believe
based on personal knowledge of facts and
circumstances that the person to be
arrested has committed it.
Criminal Procedure Notes
Lectures by Dean Agranzamendez; AY 2017-2018
3. When the person to be arrested is a
prisoner who has escaped:
(a) from a penal establishment or place What is the lifetime of a warrant of arrest?
where he is serving final judgment;
(b) from a place where he is temporarily
confined while his case is pending;
or
(c) while he is being transferred from
one confinement to another.
4. In cases of “hot pursuit”.
What happens when a person is validly arrested
without a warrant?
• He will be brought to the nearest
city/municipal jail.
For how long can the accused be kept in jail?
• For an offense that requires a
preliminary investigation, he can't be In what form may bail be given?
detained for more than 36 hours. (Translation: What are the kinds of bail?)
Otherwise, the officer would be liable
for Delay in the Delivery of a detained
person, or Arbitrary Detention.
What is the remedy of a person claiming that his
arrest and detention are illegal?
It depends on whether a case has been filed in
court:
1. If no case has yet been filed against him
in relation to that for which he was
arrested, the remedy if a Petition for
Habeas Corpus.
2. If a case has already been filed, he can
file a Motion to Quash on the ground
that the court has no jurisdiction over his
person.
• A warrant will remain valid until it is
served or lifted.
VI. Rule 114: Bail
Definition
• Section 1 states that it is the secutiry
given for the release f a person who is in
custody of the law, to guarantee his
appearance in court whenever required by
the court or the Rules of Court.
• Note: Custody of the law means actual
custody of the person accused, i.e.,
detention.
1. Cash deposit
• The accused or any person in his
behalf posts bail in cash. After
depositing the amount required in
court, a receipt will be issued.
• The accused may file a Motion to
Reduce Bail.
• If acquitted, the accused gets back
what he deposited.
1. Property bond
• Any property owner can post bail for
the accused.
• If the assessed value is equal to or
more than the amount of bail, it can
be used to post bail.
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UC Law – JD 2021
1. Corporate surety
• The bonding company will post bail
for the accused. The accused will pay
the bonding company.
1. Recognizance
• It is a written undertaking to appear in
court.
When is bail a matter of right?
MTC-not DRL-not strong
1. Before or after the judgment of conviction
by the MTC.
2. Before the judgment of conviction by the
RTC of an offense not punishable by
death, reclusion perpetua, or life
imprisonment.
3. Before the judgment of conviction by the
RTC of an offense punishable by death,
reclusion perpetua or life imprisonment
but the evidence of guilt is not strong.
When is bail a matter of discretion?
• After judgment of conviction by the RTC
of an offense not punishable by death,
reclusion perpetua, or life imprisonment.
When is bail neither a matter of right or
discretion?
1. Before judgment of conviction by the
RTC of an offense punishable by death,
reclusion perpetua or life imprisonment,
and the evidence of guilt is strong.
2. After judgment of conviction by the RTC
of an offense punishable by death,
reclusion perpetua or life imprisonment.
Criminal Procedure Notes
Lectures by Dean Agranzamendez; AY 2017-2018
3. After judgment of conviction by the
RTC and the penalty imposed is
imprisonment exceeding 6 years but less
than death, reclusion perpetua or life
imprisonment, and any of the following
bail-negating circumstances is present:
(a) The accused is a recidivist, quasi-
recidivist, habitual delinquent, or he
has committed an offense with the
aggravating circumstance of
reiteration;
(b) The accused committed the offense
while on parole, probation, or
conditional pardon;
(c) The accused evaded service of
sentence, escaped legal confinement,
or violated the conditions of his bail
without valid justification;
(d) There is undue risk that he will
commit another crime during the Y was charged with Murder. No bail was
pendency of his appeal; or
(e) There is probability of flight.
4. After the finality of judgment of
conviction.
• The accused cannot post bail
anymore and can only apply for
probation.
◦ Promulgation of judgment
becomes final after 15 days
(period of taking up an appeal)
or after the filing of an
application for probation.
◦ Appeal and probation are
mutually exclusive remedies,
such that if you appeal, you
cannot file an application for
probation and vice versa.
◦ Note: One can file an
application for probation if the
penalty doesn't exceed 6 years
imprisonment.
• RA 10707
◦ If the accused was sentenced to
a non-probationable penalty
(more than 6 years), and he
appeals from the judgment, and
on appeal, the penallty is
reduced to a probationable
period, then the accused may
file an application for probation
with the court of origin at any
time before the judgment
becomes final.
recommended. What is the remedy of Y?
• Y May file a Motion for Bail.
Bail Hearing
• The motion will be sent for summary
hearing of which the prosecution will
present evidence to prove that the
evidence of guilt is strong.
• The accused may or may not present
evidence.
• When the hearing is over, and the motion
is submitted to the court for resolution,
the court will summarize the evidence
and make a conclusion as to whether the
evidence of guilt is strong or not.
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UC Law – JD 2021
• The court has 48 hours to resolve the
motion.
• If the evidence of guilt id not strong, bail
becomes a matter of right. But if the
evidence is strong, bail becomes neither a
matter of right or discretion. Bail will be
denied.
Recognizance
When may a person be released on
recognizance?
1. Light offenses
2. The accused has been detained for a
period equak to or greater than the
minimum imposable penalty, regardless of
the Indeterminate Sentence Law
3. youthful offender (over 15, under 18,
acted with discernment)
4. the accused files for probation
5. the accused is qualified under RA 10389
or the Recognizance Act of 2012
RA 10389
• Recognizance is a matter of right in all
offenses not punishable by death,
reclusion perpetua, or life imprisonment.
• Can it apply to Homicide? Yeah, man.
Because Homicide is punishable by
reclusion temporal.
• There must be a written application to be
released on recognizance.
• The accused must file it in the court where
the case is pending.
• He must support his application with the
following: SCAN
Criminal Procedure Notes
Lectures by Dean Agranzamendez; AY 2017-2018
1. He must execute a sworn declaration
that he is an indigent.
2. There must be a certification issued
by the head of a local social welfare
agency of the city or municipality
where the accused actually resides,
that the accused is an indigent.
3. The accused should've been already
arraigned.
4. The court must give notice about the
application by the accused to the
Sanggunian of the city or
municipality where the accused
actually resides.
• Such notice will be taken up in a
regular or special session, and
must be approved in the form of
a Resolution.
Note: If you are a millionaire, you cannot file
for Recognizance.
Is there an instance where even if the accused
has complied with all the requirements, his
application will still not be acted upon
favorably?
• Yes. Because it is not enough that he
shows that he has all the qualifications.
He must also show that he doesn't have
any of the disqualifications:
1. The accused made an untruthful
statement in his sworn declaration;
2. The accused is a recidivist, quasi-
recidivist, habitual delinquent, or he
has committed an offense with the
aggravating circumstance of
reiteration;
3. The accused committed the offense
while on parole, probation, or
conditional pardon;
4. The accused evaded service of
sentence, escaped legal confinement,
or violated the conditions of his bail
without valid justification;
5. There is undue risk that he will
commit another crime during the
pendency of his appeal;
6. There is probability of flight; or
7. The accused has a pending case in
which the penalty is equal to or
greater than the penalty for the
present offense.
In what court may bail be filed?
1. a. In the court where the case is pending;
b. but if the judge of that court is absent or
unavailable, cail may be filed in the RTC or
MTC of the same place; or
c. If the accused is arrested in a place other than May an extraditee be released on bail?
where it was filed, then bail may be filed in the
RTC of that place, and if there is no RTC, in the
MTC of the same place.
2. If the bail is a matter of discretion, or the
accused desires to be released on
recognizance, the application therefor
may only be filed with the court where Conditions of Bail
the case is pending, and not in any other
court.
3. If the accused has been convicted by the
RTC and bail is a matter of discretion, the
application for bail may be filed with the
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UC Law – JD 2021
same RTC notwithstanding that a notice
of appeal has already been filed (meaning,
the said RTC has already lost jurisdiction
over the case), provided that the record of
the case has not yet been transmitted to
the appellate court. Otherwise, it should
be filed with the CA
4. If the judgment of conviction by the RTC
changed 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.
Note: Where the nature of the offense is changed
from bailable to non-bailable, the question is
wrong because this cannot happen (such
judgment is void for violating the right of the
accused to be informed of the nature and cause of
the accusation against him).
5. Any person in custody but who hasn't
been charged yet in any court may apply
for bail in any court of the province, city,
or municipality where he is held.
• Yes, if he can show by clear and
convincing evidence that:
1. he is not a danger to the community;
and
2. he is not a flight risk.
1. Once approved, bail shall remain in effect
at all stages of the proceedings, unless
sooner cancelled (e.g. the accused jumps
bail), until the promulgation of judgment
by the RTC, whether the case has been
Criminal Procedure Notes
Lectures by Dean Agranzamendez; AY 2017-2018
originally filed in or appealed to it.
2. The accused must appear in court
whenever required by the court (e.g., for
in-court identification) or the Rules of
Court (e.g., in arraignment).
Note: The identity of the accused, like the crime How may bail be cancelled?
itself, must be proved beyond reasonable doubt.
3. The failure of the accused to appear in
court on the dates in which he had notice
will constitute a his waiver of his right to
appear, and he may be tried in absentia.
4. The accused must surrender himself to
the court for the execution of a final
judgment of conviction.
Suppose an accused is required in court.
Notwithstanding notice, he failed to appear, and
such failure was unjustified. What will the court
do?
• The court wiill issue an order declaring
his bond forfeited – Order of Forfeiture:
◦ This will require the bondsmen,
within 30 days from receipt of the
order to:
1. produce the body of the accused
in court;
2. explain why the accused failed to
appear in court the first time he
was required to do so; and
3. show cause why no final
judgment shall be rendered
against them for the amount of
bail.
• If the bondsmen failt to do any,
some, or all of the aforementioned, What is the equipoise rule?
the court will issue an order declaring
the bond confiscated, in favor of the
government – Order of Confiscation.
◦ This is an interlocutory order.
• Bail may be cancelled wither by
application or automatically.
1. By application means upon a motion
for cancellation, in the following
instances:
(a) upon the surrender of the accused
to the court; or the bondsmen will
file an application for
cancellation; or
(b) upon proof of death of the
accused.
2. Automatic cancellation happens:
(a) upon the dismissal of the case;
(b) upon the acquittal of the accused;
(c) upon the execution of a final
judgment of conviction.
VII. Rule 115: Rights of the Accused
• A person accused of a crime has so many
rights, but a victim has none, except the
right to become part of the statistic.
Right to be presumed innocent
• The accused has no duty to prove his
innocence. It is the duty of the
prosecution to prove his guilt.
• The burden of proof (of the guilt of the
accused) is always on the prosecution.
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UC Law – JD 2021
• When the evidence is capable of two
interpretations—one pointing to the
innocence of the accused and the other his
guilt—then the burden of proof beyond
reasonable doubt has not been satisfied,
therefore the accused must be acquitted.
• If the glove doesn't fit, you must acquit.
Right to be informed of the nature and cause of
the allegations against him
• This is accomplished by arraignment,
where the complaint or information will
be read to him in a language or dialect
that he understands.
• The complaint or information must be
sufficient to comply with this right.
• Violation of this right will result to
acquittal.
Examples:
1. The charge is Rape. During trial, what
was proven was Seduction. May the
accused be convicted of Seduction?
No. The two offenses do not have common
elements; Seduction is not included in Rape.
2. The charge was Murder. Homicide was
proven.
This time, the accused may be convicted of
Homicide, because Murder includes this offense.
3. The charge is “Rape through force,
violence and intimidation”. In trial, the
prosecution proved “Rape committed
while the woman was unconscious”.
The accused cannot be convicted of the latter
because such was not the charge. If the
Criminal Procedure Notes
Lectures by Dean Agranzamendez; AY 2017-2018
prosecution intended to charge him of this, then
it would've said so in the information. The
prosecution has all the facilities to determine
what crime is committed.
Right to not be compelled to be a witness
against oneself
• This right can be used interchangeably
with “right against self-incrimination”,
but strictly speaking, they are not the
same.
• The former includes the latter, but the
latter may or may not include the former.
• An accused may refuse to testify against
himself. But a witness cannot invoke the
same right when asked to testify against
the accused. The witness has the right
against self-incrimination, which he can
invoke only if the question asked is
incriminatory.
• A witness can be compelled to testify
except:
1. if the witness is the wife of the
accused—she cannot be
compelled to testify without the
consent of the party spouse
2. when parent-filial privilege
applies:
◦ No person can be
compelled to testify
against a parent or other
direct ascendants, or
against his child ot other
direct descendants.
◦ Exceptions: A child may
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UC Law – JD 2021
be compelled if his in absentia?
testimony is indispensable • No. The accused may only be tried in
in the crime commited by absentia if he had notice of the trial
his parent against said date.
child, or by one parent 2. PP vs. X – The accused X was a detention
against the other parent prisoner. He was notified of the trial date
(Family Code) on July 16. On July 14, two days before
May an accused be compelled to be a witness trial, he escaped from detention. Can X be
against himself? tried in abssentia?
• No, he cannot be compelled, but if he • Yes, because he had notice of the trial
wants to, he can testify as his own date.
witness, subject to cross-examination on
matters covered by direct examination. Suppose the trial was not finished on that date as
the prosecution still had other witnesses to
How about a witness? present, and the case was reset on August 15.
◦ If the witness is not the accused, he Can X be tried in absentia on August 15?
may be questioned on all matters • Yes, notwithstanding the lack of
relevant to the issue. notice. Being a detention prisoner who
escaped, he may be tried in absentia
Right to be present at all stages on all the dates, regardless of whether
• All stages of the proceedings – from he had notice or not.
arraignment to promulgation of
juddgment. VIII. Rule 116: Arraignment & Plea
When the accused is notified of the trial date but Definition
despite notice, he fails to appear on that day, • It is the formal mode of implementing the
may he be tried in abentia? constitutional right of the accused to be
• Yes. informed of the nature and cause of the
accusation against him.
Examples:
1. PP vs. A – The accused was out on bail. Both arraigmment and plea shall be made of
Trial was set on July 16. However, it was record but failure to do so will not affect the
not finished, so it was reset to another validity of the proceedings.
date (August 15), but the accused did not
have notice of this date. May he be tried What are the two components of arraignment?
Criminal Procedure Notes d.m.g.
Lectures by Dean Agranzamendez; AY 2017-2018 UC Law – JD 2021

1. The reading of the complaint ot he understands the allegations against guilty

information; and him, that he commits himsellf to Note: A conditional plea of guilty is void. If the
2. The enter of plea by the accused. appear, and that if he fails to appear, accused insists, the court will enter a plea of not
At this stage, the accused is a passive subject. he waives the reading of the guilty for him.
complaint/information, and authorizes 3. If the accused pleads guilty but presents
Reading of the complaint or information the court ro enter a plea of not guilty exculpatory evidence
• The complaint or information must be for him. Note: For instance, when the accused invokes the
read to the accused in a language or mitigating circumstance of incomplete self-
dialect he understands. May the accused be arraigned in absentia? defense to reduce his penalty, the court will
• No, except in a criminal case involving a consider his plea of guilty withdrawn and enter a
May the reading of the complaint or violation of an environmental law (e.g., plea of not guilty for him.
information be waived? PD 705). If he fails to appear, he waives 4. In criminal cases involving violation of an
• No, except in two instances: the reading of the complaint or environmental law if the accused posts
1. In multiple cases (charges), the information, and authorizes the court ro bail
accused may waive the reading, but enter a plea of not guilty for him.
the waiver must be express, in How is arraignment done/made?
writing, and with his and his Enter of Plea 1. In open court where the complaint or
counsel's consent. • The accused will personally plead information has been filed or assigned for
• The court must satisfy itself that “guilty” or “not guilty” to the charge. trial;
the accused understands the • In the US, they also say “no contest” but 2. by the judge or the clerk of court;
consequences of his waiver. that doesn't apply here. 3. the judge or clerk furnishes the accused
• AM No. 15-06-10-SC (2017) with a copy of the complaint or
requires that such waiver must be Are there instances where the court will be the information;
recorded in the minutes of the one to enter a plea of not guilty for the accused? 4. the judge or clerk of court reads the
case, and in the Certificate of Yes. The accused must personally make his plea, complaint or information in a language or
Arraignment and Order of but the court may enter a plea for him it in the dialect the accused knows and
Arraignment. following instances: understands; and
2. In criminal cases involving violations of 1. If the accused refuses to enter a plea 5. the accused is asked whether he pleads
an environmental law, if the accused will Note: This refusal doesn't necessarily mean lack guity or nor guilty.
post bail: of respect for the court or the law. The accused
◦ the judge of that court will read the may be doing this in order to preserve a right to When is arraignment made/held?
complaint/information to him in a question a certain procedure (e.g., lack of • Arraigment must be held within 30 days
language he understands, and the preliminary investigation) or pursue a remedy from the date acquires juristiction over the
accused will sign an undertaking to which he cannot use if he pleads. person of the accused, unless a shorter
appear in court for arraignment, that 2. If the accused enters a conditional plea of period is provided by special law or
Supreme Court circular, like in the
Criminal Procedure Notes d.m.g.
Lectures by Dean Agranzamendez; AY 2017-2018 UC Law – JD 2021

following instances: Before arraignment, what are the options of the

1. when the accused is under preventive Plea Bargaining accused?
detention, he shall be arraigned within • To plea bargain means to plead guilty to a 1. He may file a Motion for a Bill of
10 days from receipt by the judge of the lesser offense which is necessarily Particulars, to enable him to properly
records of the case (Sec 1 par e, Rule included in the crime charged. plead and prepare for trial. The motion
116) • In one case, it has been held that it could shall specify the alleged defects of the
2. when the offended party in a acriminal also mean to plead guilty to one or some complaint or information, and the details
case is about to depart from the of the counts in a multi-count charge. desired (Section 9).
Philippines with no definite date of 2. When the court has appointed a counsel
return, the case should take precedence Is plea bargaining allowed for offenses penalized de oficio5 to defend him, said counsel
over all other cases (except election and by RA 9165 (Dangerous Drugs Act)? must be given reasonable time with the
habeas corpus cases), the accused must • Section 23 of RA9165 prohibits plea accused so as to discuss his plea, before
be arraigned without delay (RA 4908); bargaining in drug-related cases. proceeding with arraigment.
3. cases under the Child Abuse Act (RA However, in Salvador Estipona vs. Frank 3. Suspension of the arraignment may be
7610); Ordrigo, et al. (August 2017), said section allowed in the following cases, and upon
4. drug-related cases (RA 9165); and was declared unconstitutional as it the motion by the proper party (Section
5. cases under SC AO 104-96; those violates the rule-making power of the 11):
involving heinous crimes, violations of Supreme Court. Thus, plea bargaining in (a) when the accused appears to be
the Intellectual Property Rights Law, and cases involving violations of RA 9165 is suffering from unsound mental
libel cases. now allowed. condition which effectively renders
him unable to fully understand the
Is the offended party always required to appear What are the rules in plea bargaining? charge against him and plead
at the arraignment? 1. It must be done with the consent of both intelligently thereto;
No. The Rules of Court requires a private the offended party and the prosecution. (b) when a prejudicial question exists;
offended party to appear for the following But when the offended party failes to (c) when a petition for review of the
purposes: appear in court despite due notice to him, resolution of the prosecutor is pending
1. plea bargaining; the court may allow plea bargaining with before the DOJ or the Office of the
Note: This should always be done with the the consent of the prosecution alone. President, but the suspension must not
consent of the accused and his counsel. 2. It must be done at the arraignment. exceed 60 days from the filing of the
However, if the accused fails to make an 3. It may also be allowed after arraignment petition with the reviewing office.
appearance despite due notice, the court may but before trial. The accused must 5 A counsel de oficio is a membr of the Bar in good
allow the accused to plead to a lesser offense withdraw his plea of not guilty. standing who, by reason of experience and skill can
necessarily included in the charge with the competently defend the accused.
4. No amendment of the complaint or
consent of the prosecution alone. information is necessary.
2. deterination of civil liability; and
3. other matters requiring his presence.
Criminal Procedure Notes
Lectures by Dean Agranzamendez; AY 2017-2018
4. The accused may challenge the vallidity
of the arrest or the legallity of the warrat
issued, or assail the regularity of the
preliminary investigation. (Otherwise, he
is deemed to have waived these
objections after enter of plea.)
5. The accused may file a Motion to Quash
at any time before the enter of plea.
After conviction, the accused-appellant assailed
the judgment, claiming that he was not properly
arraigned, and thus, his rights were violated. It •
turned out that he was only arraigned after the
case had already been submitted for decision.
Were the rights of the accused violated?
• In the case of People vs. Pangilinan, the
Court held that the rights of the accused
were not prejudiced. The absence of the Improvident plea of guilty
arraignment was cured because no
protest was made when he was
subsequently arraigned, and the record
of the case showed that he actvely
participated in the hearings conducted.
In what instances may an arraigment made
after the prosecution had already rested its case
be considered cured?
1. When the accused fails to object on the
ground of lack of arraignment during
trial
2. When the counsel of the accused had full
opportunity to cross-examine the
witnesses of the prosecution
The accused cannot properly invoke violated of
due process in those instances.
Plea of Guilty
• It is an unconditional admission of guilt,
made:
1. freely;
2. voluntarily;
3. with full knowledge of the
consequences of his admission;
and
4. with a clear understanding of the
precise nature of the crime
charged in the complaint or
information.
It must be of such nature as to foreclose
the defendant's right to defend himself
from said charge, leaving the court no
alternative but to impose the penalty fied
by law.
• It is a plea of guilty based upon a
mistaken assumpption ora misleading
information or advice.
• Under Section 5, Rule 116 states that at
any time before the judgment becomes
final, the court may permit an
improvident plea to be withdrawn and be
substituted with a plea of not guilty.
• Note: Judgment becomes final 15 days
after promulgation.
◦ AM 15-06-10-SC: In non-capital
offenses, where the accused pleads
guilty, judgment will be promulgated
on the same day he pleads guilty.
• In the case of People vs. Derilo, the Court
held that a judgment of conviction may be
set aside if the plea of guilty was the sole
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UC Law – JD 2021
basis of such judgment. But the Court
may validly convict the accused if there is
adequate evidence of guilt, independent of
the plea itself.
• The withdrawal of the plea is not a matter
of right of the accused, but a matter of
sound discretion of the trial court.
Example:
PP vs X & Y – The two accused men were
charged with Homicide. X pleaded not guilty. Y
pleaded guilty. They were represented by to
different attorneys. Trial was conducted as to X.
X presented evidence showing that the killing was
justified, proving self-defense on the part of both
X and Y. Should the court convict Y?
• No. The court should consider the plea of
guilty of Y withdrawn, and enter a plea of
not guilty for him.
In capital offenses, where the accused pleads
guilty, what should the court do?
The court has the following duties:
1. Conduct a searching inquiry into the
voluntariness and full comprehension of
the consequences of his plea.
2. Require the prosecution to prove the
accused‘s guilt and the precise degree of
his culpability. (The prosecution is not
automatically relieved of this burden.)
3. Allow the accused to present evidence in
his behalf, if he so desires.
IX. Rule 117: Motion to Quash
Criminal Procedure Notes
Lectures by Dean Agranzamendez; AY 2017-2018
Definition
• A motion to quash is a special pleading
filed by the accused before entering his
plea, which hypothetically admits the
truth of the facts in the ccomplaint ot
information, and sets up a matter which,
if proven, would preclude further
proceedings.
• A Motion to Quash is a hypothetical
admission of the facts alleged in the
information. The court, in resolving the
motion, cannot consider facts contrary to
those alleged in the information or which
do not appear on the face of the
information, except those admitted by
the prosecution.
When may a motion to quash be filed?
• Section 1 states that the accused may
move to quash the complaint or
information at any time before entering
his plea.
What are the requisites of a valid motion to
quash?
Section 2 prescribes the form and contentsof a
motion to quash, to wit:
1. It must be in writing.
2. It must be signed by the accused or
his counsel.
3. It must distinctly specify the factual
and legal grounds.
Note: the court will only consider the grounds
stated in the motion filed. But Section 2 also
states one exception—lack of jurisdiction over
the offense charged. Thus, the court may consider
this ground even if it is not stated in the motion.
What are the grounds?
Section 3 enumerates the nine grounds for the
quashal of a complaint or information:
FJJOCMELD
1. that the facts charged do not constitute an
offense;
2. that the court trying the case has no
jurisdiction over the offense charged;
3. that the court trying the case has no
jurisdiction over the person of the
accused;
4. that the officer who filed the information
had no authority to do so;
Note: Section 4, Rule 112 requires that for a
complaint or information to be valid, the
investigating prosecutor who files it must have a
prior written authority or approval of the
provincial or city prosecutor, or chief state
prosecutor, or the Ombudsman or his deputy, as
the case may be.
• People vs Garfin (2004): Without the
approval of the city/provincial
prosecutor, the information is void.
Hence, the court never acquired
jurisdiction. This defect cannot be
cured even by the silence of the
accused—he may invoke this ground
at any time.
• Quisay vs People (2016): There must
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be a showing that there was a prior
approval of the city/provincial
prosecutor. Merely stating such fact in
a certification, especially one that is
self-serving, is not good enough.
1. that it does not conform substantially to
the prescribed form;
2. that more than one offense is charged,
except when a single punishment for
various offenses is prescribed by law;
• Note: This is also called
“duplicitous” or “multiplicitous”
charge.
1. that the criminal action or liability has
been extinguished;
• Note: Criminal liability is totally
extinguised by:
(a) death of the convict
(b) service of sentence
(c) amnesty
(d) absolute pardon
(e) prescription of the crime
(f) prescription of the penalty
(g) marriage of the offended
woman in applicable cases
under Article 344 of the RPC.
1. that it contains averrments which, if true,
would constitute a legal excuse or
justification; and
• Note: Only exempting
circumstances constitute a legal
excuse. Justifying factors, like
self-defense, must be proven.
1. double jeopardy.
• Note: There is double jeopardy when
Criminal Procedure Notes
Lectures by Dean Agranzamendez; AY 2017-2018
the accused has been previously
convicted or acquitted of the offense
charged, or the case against him was
dismissed or terminated without his
express consent.
Can there be other grounds?
• No. The grounds for a motion to quash is
sui generis or a class of its own. No
other grounds may be considered by the
court except for the nine grounds
enumerated in Section 3, Rule 117.
• People vs. Yutila: Lack of preliminary
investigation is not a valid ground for a
motion to quash, not only because it is
not in Section 3, Rule 117, but because it
does not impair the validity of the
information or render it defective. It also
doesn't affect the jurisdiction of the court
over the case.
What is the effect of a failure to move to quash
or allege any ground?
• Section 9 states that if the accused fails
to file a motion to quash or fails to allege
any of the grounds before the enter of his
plea, such failure shall be deemed a
waiver of such grounds.
• What are the exceptions? May a motion
to quash still be filed after plea?
• Only on the following grounds:
1. the facts charged do not
constitute an offense;
2. lack of jurisdiction over the
offense charged;
3. the action or liability has been
extinguished; and
4. double jeopardy.
When is there double jeopardy?
1. A previous case must've been filed and:
(a) the complaint or information was
sufficient in form and substance to
sustain conviction;
(b) the court had jurisdiction;
(c) there was valid arraigment and the
accused entered a plea;
(d) there was a final judgment of
acquittal, conviction, or dismissal
without his express consent.
2. Then a subsequent complaint or
information was filed containing a charge
of:
(a) the same offense;
(b) an attempt or frustration of the first
offense; or
(c) an offense which necessarily includes
the first offense, or is necessarily
included in the first offense
If the motion to quash is denied, what are the
remedies of the accused?
1. The accused may enter a plea and go to
trial.
2. If convicted, he may appeal, assigning as
error the denial of the motion to quash.
If the motion is granted, what are the remedies of Is the order granting the motion appealable?
the prosecution?
1. If the defect of the ccomplaint or
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information can be cured by amendment,
the court may order such amendment to
be made. The court should not dismiss the
case; it should allow the proseccution a
reasonable opportunity to amend the
information.
Note: If the prosecution refuses to make
the amendment, or makes it but despite
such amendment, the defect still remains,
the court will now dismiss the case.
Grounds: FCML
(a) that the facts charged do not
constitute an offense
(b) that the information doesn't
conform substantially to the form
prescribed
(c) that more than one offense was
charged
(d) that the information contains
averments which, if proven,
constitute a legal excuse or
justification
1. Refile the complaint ot information.
Ground: that the court does not have
jurisdiction over the offense
2. Appeal from the order of dismissal or
grant of the motion to quash.
Grounds:
(a) that the criminal action or
liability has been extinguished;
or
(b) double jeopardy.
• Yes, because the order is a final order, and
not merely an interlocutory one. The
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accused cannot invoke double jeopardy to an acquittal. must be shown in the record of the case;
because he has not been arraigned yet, • Despite being under Rule 117, it also not 2. notice to the offended party.
and the dismissal was upon his motion. tantamount to quashal. 3. Order of the court dismissing the case, a
copy of which must be served tot he
Is the order denying a motion to quash Motion to Quash vs Provisional Dismissal prosecution.
appealable? The distinctions between a Motion to Quash and
• No. This time, such order is an Provisional Dismissal are: When does an Order of Dismissal become
interlocutory order and therefore not 1. A motion to quash is filed by the permanent?
appealable. The accused should now accused, while a motion of Section 8 further states that the dismissal
plead to the charge, go to trial, and if provisional dismissal is initiated by becomes permanent:
convicted, appeal in the manner the prosecution, or the accused, or 1. one year after the issuance of the Order, if
prescribed by the Rules. both acting jointly. the offense is punishable by imprisonment
2. A motion to quash must be in writing not exceeding 6 years or a fine of any
May the court or judge initiate a motion to and signed by the accused or his amount, or both, without the case being
quash? counsel, while a motion for revived; or
• No. The rules do not authorize the judge provisional dismissal may be in any 2. two years after the issuance of the Order,
to motu proprio dismiss a case, except form—written, oral, or partially of the offense if punishable by
on the ground of lack of jurisdiction. The written and partially oral. imprisonment of more than 6 years,
rules categorically state that it is only the 3. A motion to quash may only be filed without the case having been revived.
accused who may initiate or file a based on the grounds under Rule 117,
motion to quash. while a provisional dismissal may be Note: In civil cases, the rough equivalent of a
• People vs. Nitafan (1999): The judge based on any reason, or on no reason provisional dismissal is a dismissal of a civil
was wrong when he initiated the at all. complaint without prejudice. This dismissal is not
dismissal of the case by ordering the 4. A motion to quash is filed before the final, hence, it can be refiled. In criminal cases,
prosecution to “show cause” why the enter of plea, while a provisional the lapse of the stated periods (above) time-bars
informations against the accused should dismissal may be done at any time. the revival (not refiling) of the cases.
not be dismissed on the ground of
double jeopardy, despite the fact that the When may there be a provisional dismissal? X. Rule 118: Pretrial
accused has not filed any motion yet. Section 8 states that there must be:
1. express consent6 of the accused, which  In civil and criminal cases, pretrial is
6 Express consent means positive, direct, and mandatory. It cannot be dispensed with.
Provisional Dismissal unequivocal consent, where no further inference is  Usually after arraignment, the case will be
required to supply meaning. reset to another date for pretrial. They are
• Provisional means “temporary” or
“ephemeral”. held on different dates.
• Provisional dismissal is not tantamount  But if the accused doesn’t plead guilty to
Criminal Procedure Notes
Lectures by Dean Agranzamendez; AY 2017-2018
the offense charged, or to a lesser
offense included in the offense charged,
then pretrial will be held on the same
day immediately after the arraignment.
 If the accused pleads guilty, there will be
no pretrial on the same day. There will
be a promulgation of judgment.
 If the accused pleads guilty to a capital
offense, the court has the following
duties:
a. To conduct a searching inquiry;
b. To require the prosecution to
prove the guilty of the accused;
and
c. To allow the accused to present
evidence in his behalf, if he
wants to.
What are the purposes of pretrial?
PSM-WMS
1. Plea bargaining
2. Stipulation of facts
3. Marking for identification of evidence of
the parties
4. Waiver of objections to the admissibility
of evidence
5. Modification of the order of trial if the
accused admits to the charge but
interposes a lawful defense
6. Such matters as will promote a fair and
expeditious trial of the criminal and civil
aspects of the case
Stipulation of facts
 The judge must be active in getting the
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parties to stipulate on facts. When pretrial is over and the case is set for trial,
 These facts need not be proven anymore and in the course of the trial, the accused made
because they have already been admitted. certain admissions not reduced into writing and
signed by the accused and counsel, and the
 The general rule is: Prove what you have accused is convicted on the basis of the
alleged. But there are matters that don’t admissions made, is the rule on pretrial
need evidence, namely: applicable?
1. Those matters that the court can take  No. The form required under Section 2 of
judicial notice of (e.g., political Rule 118 is only required in admissions
boundaries, time); made during pretrial.
2. Those matters that are judicially
admitted; and Marking of evidence
3. Those matters that are presumed.  You need evidentiary facts (factum
probads) to prove the ultimate facts
 Judicial admissions are made by a party (factum probandum)
to a case in the course of the proceedings  Marking of evidence is not equivalent to
in the same case. These don’t need offer of evidence. What you so at pretrial
evidence. is simply to mark. Any attempt to offer is
 During pretrial, no agreements or void.
admissions made or entered therein can
be used against the accused unless: What is a reversed trial?
a. reduced in writing; and  In a criminal case, if the accused admits to
b. signed by the accused and the charge but interposes a lawful defense,
counsel. then there would be a reversed trial.
 When the accused has been convicted  Note: Self-defense partakes the nature of a
based on admissions made which were confession and avoidance of liability.
not reduced in writing and signed by the
accused and counsel, the case will be set Is the presence of the parties required?
aside and the accused may be acquitted.  No. During pretrial, both the offended
 When the admission pertains to a party and the accused can be absent,
qualifying circumstance that increases the provided that the prosecutor and the
penalty to death, such admission must be counsel of the accused (defending
proven by the prosecution counsel) are present.
notwithstanding the admission.
Pretrial Order
Criminal Procedure Notes
Lectures by Dean Agranzamendez; AY 2017-2018
 After pretrial, the court will issue a
Pretrial Order containing:
1. The actions taken;
2. The facts stipulated; and
3. The evidence marked.
 Once issued, the Pretrial Order shall
control the course of the proceedings.
The trial will be limited to the issues
mentioned in the Order
Mediation
 After pretrial, if the civil aspect of the
case is mediatable, it will be referred to
the Philippine Mediation Center. This
applies to cases of estafa, simple theft,
quasi-offenses, reckless imprudence, etc.
 All civil cases are mediatable.
 This is called court-annexed mediation.
XI. Rule 119: Trial
Order of trial
1. The prosecution will be the first to
present evidence. It will call witnesses to
testify. It is up to the prosecution to
decide on the number of witnesses.
2. The accused may or may not present
evidence.
Note: The prosecution must present evidence in
order to fulfill its duty to prove the accused’s
guilt beyond reasonable doubt. The accused is
not required to present evidence.
3. If the accused presents evidence, the
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prosecution may present rebuttal  In criminal cases, the remedy is to take his
evidence. conditional examination. This applies
The accused then may or may not present whether W is a defense or prosecution
surrebuttal. These are optional. witness.
4. The court may also order for the
submission of memorandum or hear oral Is there a difference between taking the
arguments, in the proper cases. conditional examination of a prosecution witness
5. Upon admission of evidence, the case and that of a defense witness?
shall be deemed submitted for decision.  Yes. If the witness is a prosecution
6. Then, there shall be promulgation of witness, his conditional examination may
judgment. be taken before the court where the case is
pending.
Rule when the witness is not able to testify:  But if he is a defense witness, his
Suppose the prosecution or the defense has a conditional examination may be taken
witness but the witness is about to depart the before (a) a judge; or (b) a member of the
Philippines without a fixed date of return, or Bar in good standing.
lives more than 100km from the place of trial, or
is otherwise unable to testify due to infirmities. Discharge7 of an accused to be utilized as a state
What is the remedy of the prosecution/defense? witness
 Segway note: In civil cases, the remedy  This is governed by Rule 119 of the Rules
would be to take the deposition of the of Court.
witness. Such that if a case is pending in  The order discharging him operates as an
Baguio City and a material witness acquittal.
resides in General Santos City, such Admission into the Witness Protection Program
witness cannot be compelled to testify by  This is governed by RA 6982.
means of a subpoena because he has a  The effect is also acquittal.
viatory (not sure) right. The way to do it
is to take the deposition of the witness in What are the requisites in order for an accused to
Gen San. be discharged so that he would be utilized as a
o There are two ways to take a state witness?
deposition: 1. There must be a case filed against several
1. By means of an oral accused.
examination; or 2. The prosecution must file a motion in
2. By means of written
interrogatories. 7 Discharge means to remove, to exclude or to drop the
accused.
Criminal Procedure Notes
Lectures by Dean Agranzamendez; AY 2017-2018
court, asking for the discharge of one or
some of the accused, before it rests its
case.
3. The motion must be set for hearing.
There will be a date set by the court.
Evidence will be presented by the
prosecution.
There must be a sworn statement of the
accused whose discharge is being
requested. Said accused must give his
consent. The sworn statement must
narrate (a) how the crime was
committed; and (b) his complicity in the
commission of the crime.
4. After the hearing, the court must be
satisfied that:
NOSAC
a. There is absolute necessity for
the testimony of the accused
whose discharge is being
requested.
b. There is no other evidence
available for the proper
prosecution, other than his
testimony.
c. The testimony can be
substantially corroborated on its
material points.
d. The accused doesn’t appear to be
the most guilty.
Note: He need not be the least
guilty. What is important is that
he is not the most guilty. The
right-hand man of the
mastermind of the crime may be
discharged.
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e. The accused has not been accused cannot be re-included in the
convicted of any offense that information, except in the following
involves moral turpitude. cases:
5. The court will issue an order discharging 1. If he refuses; or
the accused. 2. If he testifies contrary to what he
has stated in his sworn statement.
The discharge of an accused to be used as a state  There should be a motion filed by the
witness must be upon a motion filed by the prosecution.
prosecution. The motion will be set for hearing.  There is no need to amend the complaint
During this hearing, the prosecution will present or information.
evidence in support of the motion to discharge.  Note: The order will still be effective and
Among the evidence to be presented is a sworn the accused cannot be re-included if he
statement of the accused. did not or was not able to testify due to
causes beyond his control—if it was not
Is the sworn statement of the accused whose his fault, e.g., when later on, the
discharge is being requested admissible in prosecution would no longer need his
evidence? testimony or for some reason, the
 If the motion to discharge is denied, and prosecution forgets to call him as a
therefore the accused is not discharged, witness.
then his sworn statement is not admissible
in evidence. Sample Case: People vs ABC
Note: This is logical because the accused All the accused were arraigned and all pleaded
asking to be discharged is facing the risknot guilty. At trial, during the first day, the judge
that the sworn statement will be used asked the fiscal if he had witnesses. He called on
against, in case the motion is denied. Mr. A. Mr. B objected because Mr. A has not been
 But if the motion is granted, and the discharged, describing the situation as “putting
accused is discharged, then his sworn the cart before the horse”. Can Mr. A testify?
statement is admissible.  Yes. There is a distinction between a
 The evidence presented at the hearing discharged accused and an accused like
shall be deemed reproduced at trial Mr. A in this case.
without need of retaking them.  Mr. A is still an accused. He can testify,
but the court must satisfy itself that Mr. A
What is the effect of the order discharging the understands the consequences of his
accused to be used as a state witness? testimony—that he is testifying
 The order will operate as an acquittal. The voluntarily, that he is fully aware of his
Criminal Procedure Notes
Lectures by Dean Agranzamendez; AY 2017-2018
right against self-incrimination, and that
he could be convicted on the basis of his
testimony.
Suppose Mr. A has already testified. May the
prosecution file a motion for his discharge after
the testimony?
1. Yes, when there is a compelling reason,
e.g., his life would be put in grave
danger.
What are the differences between Discharge of
an Accused under Rule 119 and Admission to
the Witness Protection Program?
1) The Witness Protection Program (WPP)
applies only to a grave felony or its
equivalent under a special law. Rule 119
can apply to any offense.
2) The WPP requires that the witness or a
member of his family within the second
degree of consanguinity or affinity (like
a brother or mother-in-law) is subjected
to threat to life or bodily injuries. In
Rule 119, there is no such requirement.
3) The WPP doesn’t apply to a member of a
law enforcement body. In Rule 119,
there is no such limitation.
4) In order to be qualified for the WPP, the
witness need not be charged of any
offense. In Rule 119, he must’ve been
already charged.
5) In the WPP, the witness enjoys benefits
like Cost of Living Allowance, housing,
assistance from the DOJ, and change of
identity. Rule 119 does not mention such
benefits.
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6) In the WPP, the immunity is granted by c. The witness is not a member of
the DOJ, which has the prerogative to any law enforcement agenct.
approve/admit or not to admit a witness
into the program. The immunity granted Case: Ampatuan vs De Lima
in Rule 119 comes from the court. Kenny Dalandag executed two sworn statements
narrating his participation in the commission of
Sample case: the Maguindanao Massacre. Datu Andal
W applied for admission to the WPP. His Ampatuan, Jr. wrote to Leila De Lima, the
application was approved by the DOJ, which is secretary of the DOJ back then. In his letter, he
the sole authority to approve or not approve any asked for the inclusion of Dalandag as one of the
application for admission to the WPP. For a accused in the case, because he admitted his
person like W, should there be a criminal case participation. De Lima refused to include Kenny.
against him pending in court? So Ampatuan filed a petition for mandamus to
1. No, unlike in a discharge under Rule 119 compel De Lima to include Kenny as an accused.
where there must be a case filed in court. The RTC denied the petition for mandamus.
Ampatuan then elevated the matter to the
Sample case 2: People vs XYZ Supreme Court. The Court sustained the RTC,
X, Y, and Z were arraigned. While the case was holding that:
undergoing trial, the DOJ issued to X a 1) The DOJ is the sole authority in
certificate of admission to the WPP, so that X approving or not approving admission to
may testify as a state witness. Y and Z opposed the WPP; and
the presentation of X as a witness against them. 2) There’s no need to first include the
They alleged that there was non-compliance to witness as the accused before he may be
the requirement of a sworn statement, and that excluded from the information as an
there was no motion for the discharge of X. Can accused.
X testify as a state witness? Is this procedurally
correct? Immunity: There are two categories of immunity
2. Yes, because this is admission to the (that belong to a witness):
WPP. The law that applies is RA 698, not 1) Transactional immunity
Rule 119. X can testify, provided that: 2) Use and derivative use immunity
a. There is a grave felony or its Transactional Immunity
equivalent under a special law.  This is also called blanket or total
b. The witness or a family member immunity.
within the second degree is  A witness cannot be prosecuted for
subjected to life threat or bodily any crime that may arise out of the
injuries. transaction or occurrence to which his
Criminal Procedure Notes
Lectures by Dean Agranzamendez; AY 2017-2018
testimony relates.
Sample case:
After being given transactional immunity, Mr. W
testified against Mr. A in a pending case. He
testified that he was employed as a chemist in
Mr. A’s shabu lab. He also transported
containers of shabu for him. Can he be
prosecuted?
 No because he is covered by a
transactional immunity provided under
RA 9165.
Use or Derivative Use Immunity
 The testimony of a witness cannot be
used against him in any other future
prosecution.
 He can be prosecuted but his testimony
cannot be used against him.
Diplomatic Immunity
1) Status immunity gives a full and
complete exemption from local criminal
and civil jurisdiction.
2) Functional immunity is where the person
is exempt from criminal jurisdiction for
acts which he committed in the
performance of his official duties.
Suppose you have an immunity granted by law
or agreement, like RA 6981, where you gave
your consent by applying or being offered
admission to the WPP, and you were issued a
Certificate of Admission. Notwithstanding said
certificate, you were included as an accused in
a case. You now want to raise the issue of you
having been granted an immunity. How will you What is the distinction between filing a demurrer
do it?
 By filing a motion to quash on the ground of court?
that the court has no jurisdiction. Proving
the grant of immunity will prevent the
court from acting on your case.
Demurrer to Evidence
Who files it?
 The accused
When?
 After the prosecution rests, that is, when
it has completed the presentation of
evidence and has no more witnesses to
call
On what ground?
 Insufficiency of evidence
After the prosecution rests, the court may dismiss
the criminal action on the ground of insufficiency
of evidence upon:
a. Its own initiative, after giving the
prosecutor an opportunity to be heard; or
b. The filing of a demurrer to evidence by
the accused with or without leave of
court.
Suppose in the mind of the court, the evidence is
not sufficient to sustain a conviction beyond
reasonable doubt, may the court dismiss the
criminal action on its own initiative even without
the filing of a demurrer to evidence?
 Yes, but it must give the prosecution an
opportunity to be heard.
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to evidence with leave of court and without leave
 An accused who files a demurrer without
leave of court waives the right to present
evidence and submits the case for
judgment by the court on the basis of the
evidence that was presented by the
prosecution.
o Here, the case will be submitted
for decision. There will be no
presentation of evidence by the
accused. A Notice of Promulgation
will be issued and a judgment will
be promulgated either (a)
acquitting; or (b) convicting the
accused.
 An accused who files it with leave of
court doesn’t lose the right to present
evidence in the event that his demurrer to
evidence is denied by the court.
o Here, the court will rule on the
Demurrer to Evidence, either (a)
granting; or (b) denying it.
o If granted, the case will be
dismissed on the ground of
insufficiency of evidence, which
would amount to an acquittal.
o If denied, there will be no
judgment. The case will be set for
continuance of trial, and the
accused will present his evidence.
Can the State appeal to a grant of Demurrer to
Criminal Procedure Notes d.m.g.
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Evidence? of court. assailing the validity of the judgment. If

 No because this will violate the right of he succeeds, the judgment will be
the accused against double jeopardy. A What is the effect of a grant of Demurrer? nullified. It will be void from the
grant of a Demurrer to Evidence  The case will be dismissed. The plaintiff beginning, as if there had been no
amounts to a judgment of acquittal. (the People) may not appeal because this judgment at all. Hence, the requisite of
What is the remedy of the accused whose will violate the right of the accused judgment in double jeopardy is not
Demurrer to Evidence, filed with leave of court, against double jeopardy. The rules on present.
is denied? finality of acquittal will apply.
 He shall present his evidence. An  Note: In civil cases, a grant of Demurrer In resolving the Demurrer, should the court also
accused who files with leave of court is appealable because double jeopardy pass upon the civil liability of the accused?
does not lose his right to present only applies to criminal cases. 1) If the Demurrer is filed without leave of
evidence in the event that the Demurrer court, the accused waives his right to
is denied. If an appeal is not available as a remedy against present evidence, the case will be
an order granting a Demurrer, is there a remedy submitted for decision, and the judgment
In what instances can it be said that the accused at all? will be based on the evidence of the
is filing with leave of court? Without leave of  Yes. A petition for certiorari under Rule prosecution. Here, the court will resolve
court? 65 is available in the following cases: both the civil and the criminal aspect of
 Under the new rule (Revised Rules on a. If the state was denied due the case.
Continuous Trial; AM No. 15-06-10- process ; 8 a. If the court finds him guilty, there
SC), after the prosecution rests its case, or will be a finding as to his civil
the judge will ask the defense if it wants b. If in granting the demurrer, the liability.
to file a Demurrer or present its court has acted without b. If the court acquits him, there can
evidence. If the defense chooses to file, jurisdiction, or in excess of still be civil liability if the
it will move orally that the accused be jurisdiction, or with grave abuse acquittal is based on reasonable
granted leave to file a Demurrer. If of discretion amounting to lack or doubt. But if the liability is based
granted by the court, the defense or excess of jurisdiction. on the delict, it is deemed
accused has 10 days to file. After notice extinguished if there is a finding
of filing, the prosecution has 10 days to In a petition for certiorari, the right against that the act or omission from
file a comment. Then the court has 30 double jeopardy is not violated. Why is that? which the civil liability may arise
days to decide on the Demurrer. Here,  The right against double jeopardy is not did not exist.
the accused is deemed to have filed with violated because unlike in an appeal 2) If the Demurrer is filed with leave of
leave of court. where the appellant is questioning the court:
 If the court denies the oral motion, the correctness of the judgment, in a a. If the demurrer is denied, and the
accused can still file a Demurrer. Here, certiorari petition, the petitioner is accused will present evidence to
he is deemed to have filed without leave 8 Due process is not a one-way traffic. It is not only for the refute the prosecution’s evidence
accused. The State is also entitled to it. regarding his criminal and civil
Criminal Procedure Notes
Lectures by Dean Agranzamendez; AY 2017-2018
liability, the case will be
submitted for decision and the
court will also pass upon the civil
aspect of the case.
b. If the demurrer is granted, the
case will be dismissed because
the evidence is not sufficient to
sustain a judgment of conviction
beyond reasonable doubt. But
that same evidence may be
sufficient to sustain a judgment
on the civil liability based on a
preponderance of evidence. The
civil aspect may proceed if the
court holds that the evidence is
sufficient as to the civil liability.
The accused will then present
evidence as to the civil aspect of
the case, and the case is reduced
to a purely civil action.
XII. Rule 120: Judgment
Definition
 It is a written adjudication of the court
that the accused is guilty or not guilty of
the offense charged, and the imposition
of the proper penalty, and the civil
liability, if any.
Requisites of a valid judgment
WPS-JC
1) It must be in writing. It must be written
in an official language.9
9In the Philippines, the official languages are English or
Filipino.
d.m.g.
UC Law – JD 2021
2) It must be personally and directly he did not sign it.
prepared by the judge.
3) It must state distinctly and clearly the How may a judgment be promulgated?
facts and the law upon which it is based.10  Judgment is promulgated by reading it to
Note: A judgment that doesn’t state the the accused in open court.
facts and the law upon which it is based is  But if he is convicted of a light offense,
a void judgment. This is also called a sin judgment may be read in the presence of
perjuicio. his counsel or representative.
4) It must be signed by the judge.  The accused must be notified of the
5) It must be filed with the clerk of court. promulgation. Notice to the bondsmen is
notice to the accused.
The judgment must be signed and it must be
promulgated during the incumbency of the judge Suppose the accused was notified of the
who signed the judgment. If the judge who promulgation but notwithstanding the notice, he
signed it is no longer the judge when it was fails to appear in court for the promulgation.
promulgated, then the judgment is void11. May the judgment be promulgated even if the
accused is not in open court?
May the judgment be promulgated by the clerk of  Yes. There can be a promulgation in
court? absentia, provided that the accused has
 Yes, when the judge is absent or outside been notified.
the province or city.
How will the judgment be promulgated in
When does a judge cease to be the incumbent absentia?
judge? Two things are done:
 In many cases including: 1) The judgment12 is recorded in the criminal
a. If he dies; docket; and
b. If he is dismissed; 2) The accused is served a copy of the
c. If he gets promoted to a higher judgment through his counsel or his last
office; or known address.
d. If he resigns.
 Note: If the judge becomes incapacitated Sample case:
before he can sign, the judgment is void Suppose that on July 16, at 8:30 in the morning,
not because of his incapacity but because the accused was notified of the promulgation, but
10This is a constitutional requirement 12What is recorded in the criminal docket is the dispositive
11A judgment may either be valid or void. There is no portion of the decision. This is also called the decretal or
voidable judgment. the “fallo”.
Criminal Procedure Notes d.m.g.
Lectures by Dean Agranzamendez; AY 2017-2018 UC Law – JD 2021

later on did not appear in court for it. The Is there anything that the accused can do to order to better serve the interests of
judgment was recorded in the criminal docket regain the remedies he has lost when he failed to justice. After all, the reason was
and the accused received a copy of it on July appear despite notice? meritorious.
19. When he opened the envelope, he was not  Yes. Within 15 days from promulgation of
surprised that he lost because his lawyer has an judgment, the accused must (a) surrender Finality of judgment
untarnished record of losing. So he decided to himself to the court; and (b) file a motion  If it is a judgment of acquittal, it is final
appeal. He was told that he has 15 days to do for leave to avail the remedies. He must immediately upon its promulgation. This
so. When will he start counting the 15 days? do both things to regain the remedies. is why the State can no longer appeal
Until when can he appeal?  In his motion, he must explain why he from it, as it will violate the right of the
 The question is misleading because the failed to appear on the date of accused against double jeopardy.
accused cannot appeal in this case. promulgation. If the court finds the
 By failing to appear despite notice, the explanation meritorious, the motion will If a criminal case is dismissed, may the State or
accused loses all remedies against the be granted, the court will issue an order to the People or the prosecution appeal from the
judgment. the effect, and a copy of the order will be order of dismissal?
served to the accused. Then the accused  Yes, except in the following cases (which
When is there “rendition of judgment”? will have 15 days from the service of the are actually final orders of dismissal):
 Judgment is rendered upon the filing of copy of the order to avail himself of the a. If the dismissal amounts to an
the judgment with the clerk of court. remedies he has lost. acquittal; or
 Note: Rendition is not the same as  An example of a meritorious reason is b. If the dismissal is upon the motion
promulgation of judgment. hospital confinement, if the accused can of the accused who invokes his
 If the dispositive portion is inconsistent show evidence of it. right to speedy trial (e.g., in a case
with the body of the decision, the where the prosecution repeatedly
dispositive portion will prevail. Sample case: asks for postponement of the
The accused failed to appear during the case).
What remedies are available to the accused promulgation. The judgment was promulgated in
before the judgment attains finality? his absence. Within 15 days, the accused was When does a judgment become final?
 The following may be availed: arrested. While in jail, he filed a motion for leave Except when the death penalty is imposed13,
a. Appeal to avail of the remedies. He mentioned the reason judgment becomes final in any of the following
b. New trial why he failed to appear, and the court found it to instances:
c. Reconsideration be meritorious. The prosecution opposed the 1) After the lapse of the period to appeal (15
d. Reopening of trial motion for leave, arguing that here, the accused days from promulgation of judgment);
 But in the case of an accused who fails did not surrender himself—he was, in fact, 2) When the sentence is partially or totally
to appear in court for the promulgation, arrested. If you were the judge, would you grant satisfied or served;
he loses the abovementioned remedies. the motion for leave? 3) When the accused waives in writing the
 Yes. Technicalities should be set aside in 13
When the death penalty is imposed, the case goes to the
CA on automatic review.
Criminal Procedure Notes
Lectures by Dean Agranzamendez; AY 2017-2018
right to appeal; or
4) When the accused files an application
for probation.
Neypes Rule
In criminal cases, the rule laid down in Neypes
vs CA (2005) also applies14:
 Within the period for perfecting an
appeal, instead of filing an appeal, the
accused may file a motion for new trial
or motion for reconsideration.
 If the motion is denied, the accused will
receive a notice (another notice) and 15
days from that notice, he may file an
appeal.
 This is also called a “fresh 15-day period
to appeal”.
Probation
 Appeal and probation are mutually
exclusive.
Youthful offender
 If the accused is a youthful offender,
and the judgment is a judgment of
conviction, then the judgment will be
suspended; A youthful suspender is
entitled to a suspended sentence.
 The age of doli incapax in the
Philippines is 15 years or under, by
virtue of RA 9344.
o If the crime was committed
while the offender is within
this age bracket, he is exempt
from criminal liability. His
14 Yu vs Samson-Tatad (2011)
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UC Law – JD 2021
exemption is total and give the benefit of suspended sentence to
absolute. the accused even if at the time of
o But if the offender is 15 years promulgation, he is already over 21.
and 1 day old, but under 18,
the exemption is qualified. He The benefit of suspension of sentence is not
is exempt, unless it could be available to a youthful offender who commits a
shown that he acted with crime punishable by death, reclusion perpetua, or
discernment. life imprisonment.
 Note: This refers to the penalty imposable
What if the accused is 16 when he committed the under the law, not the penalty actually
crime but the trial went on for so many years and imposed by the court after trial.
so when the judgment was promulgated, he was
already 41 years old. Is he still entitled?
 Yes. In the case of People vs Mantalaba XIII. Rule 121: New Trail & Reconsideration
(2011), the Supreme Court held that a
youthful offender is entitled to the benefit Who files a motion for new trial/reconsideration
of a suspended sentence, provided that at of a judgment?
the time of promulgation, even if he is  Only the accused may file these motions.
over 18, he is still under 21 years of age.
Is the accused entitled to the benefit of suspended May the court grant new trial or reconsideration
sentence even if he did not ask for it? of a judgment even if the accused did not file a
 Yes, the youthful offender is still entitled motion? May it be done at the court’s own
to a suspended sentence even if he did not initiative?
file a motion.  Yes but it should be done with the consent
 Suspension of sentence in the case of a of the accused.
youthful offender is automatic. The  When? He may file within the time for
accused need not file a motion. perfecting an appeal, that is, 15 days from
promulgation.
What if the youthful offender is already over 21
years of age at the time of promulgation? Is he May the accused appeal from the judgment
still entitled to the benefit of a suspended without first filing a motion for new
sentence? trial/reconsideration?
 Yes. In People vs Monticalbo (2013), the  Yes but he may also file his motion. And
Supreme Court held that it is more if he does, and it is denied, then the
consistent with the spirit of the law to Neypes rule also applies—he will have
Criminal Procedure Notes d.m.g.
Lectures by Dean Agranzamendez; AY 2017-2018 UC Law – JD 2021

another 15 days from notice of denial. Can the employer appeal?

What is the ground for a motion for  No. Being a non-party to the case, the
What are the grounds for new trial? reconsideration? employer cannot appeal. He cannot act
1) That irregularities prejudicial to the  In a criminal case, there’s just one independently of his employee.
substantial rights of the accused were ground: an error of law or fact was
committed at the trial; or committed in the judgment. Execution of judgment
2) That there is newly-discovered evidence, Case: Basolilonia vs Villaluz (2015)
that is, evidence that: The accused was convicted over 20 years ago.
a. couldn’t have been discovered XIV. Rule 122: Appeal Upon conviction, he went into hiding. In 2015, he
during the trial even with the use reappeared. The offended party filed a motion for
of ordinary diligence; and Who may file an appeal? execution. The accused opposed the motion
b. discovered only after trial; 1) The State, provided it will not place the arguing that the penalty, as well as the civil
c. and if presented and admitted, accused in double jeopardy; liability, has prescribed. If the accused correct?
would probably change the result 2) The accused in a judgment of conviction;  No. The claim of the accused that the
of trial; and penalty has prescribed is wrong. The
d. provided that there is no final 3) The offended party but only as to the civil prescription of the penalty never
judgment yet. aspect of the case. commenced to run. The only way for the
Note: A non-party cannot appeal. penalty to prescribe is for the accused to
New Trial vs Reopening commit another crime, which is evasion
 New trial is governed by Rule 121 and Case: Philippine Rabbit Bus, Inc. vs People of sentence. He must escape confinement.
the grounds are specified therein, (2004) But in the present case, he was never
 Reopening of trial is a remedy under The driver was charged with reckless confined. The penalty, therefore, has not
Ruel 119, Section 24. There is only one imprudence. He was convicted and ordered to prescribed. But as to the civil liability, his
ground, and that is to avoid a pay damages. Judgment was promulgated and claim is correct.
miscarriage of justice. 15 the driver had 15 days to appeal. During the time  There is no need to file a motion for
to perfect an appeal, the driver jumped bail. execution as to the criminal aspect of the
What is the effect of the order granting new As regards the civil damages, the case.
trial? employee is primarily liable. In case of
 It vacates the judgment. The case will insolvency, the employer will be subsidiarily Modes of Appeal
stand for trial de novo. The evidence at liable. A motion must be filed in the same case in 1) Ordinary – appeal by writ of error
the former trial not affected by the error order to enforce the employer’s subsidiary 2) Petition for review
of law or irregularity shall be deemed liability. 3) Petition for review on certiorari
reproduced at the new trial without the In this case, the employer took it upon
need to retake them. The court will himself to file an appeal, arguing that the Ordinary Appeal
render another judgment. liability of the employee (driver) will eventually  It is done by filing a Notice of Appeal
15 This ground is as wide as the universe. become his liability.
Criminal Procedure Notes d.m.g.
Lectures by Dean Agranzamendez; AY 2017-2018 UC Law – JD 2021

with the court that rendered the What should be contained in the Appellant’s XV. Appeal from the Sandiganbayan
judgment being appealed from. Brief?
1) Statement of the case I
What should be stated in a Notice of Appeal? 2) Statement of the facts a) The SB imposes (if exercising original
1) Copy the title of the case 3) Statement of the issues involved jurisdiction) or affirms (if appellate
2) Caption (docket no., case no., etc) 4) Assignment of errors jurisdiction) a penalty less than death,
3) “Notice of Appeal” 5) Arguments (on the assigned errors) reclusion perpetua or life imprisonment
4) “Accused-appellant, by counsel, b) Appeal is to the SC by filing a petition for
respectfully gives notice that he is Note: In a notice of appeal, you don’t argue yet. review on certiorari, if only questions of
appealing from the judgment on July 1, Once you have (a) filed the notice; and (b) paid law are raised
2017, finding him guilty of Homicide, to the docket fees, you have already perfected your
the Court of Appeals, on the ground that appeal. This means you have filed your appeal in Note: Questions of law, when the controversy is
the judgment is contrary to law… due time. on what the law should be based on a settled
- Signed - application, will not require a re-evaluation of
- Copy- furnished – ” Can you file a motion asking for extension of the evidence.
period to file a Notice of Apeal?
The process  No. But you can file a motion to extend If the petitioner raises a question of fact (when
If the judgment is rendered by the RTC the time of filing an Appellant’s Brief. the controversy is on the falsity or truthfulness of
in the exercise of its regional jurisdiction, appeal Because this is not easy to prepare. the facts) or a mixed question of law and of fact,
may be made to the Court of Appeals, by filing the court will dismiss the petition. Here, the
a Notice of Appeal with the same RTC. An ordinary appeal from MTC to RTC is question presented will require re-evaluation of
In due time, the clerk of court will governed by Rule 14. evidence.
assemble the record of the case. Then the record
will be transmitted to the CA. This is also called An ordinary appeal from the RTC to the CA is II
“original record”. governed by Rule 41. a) The SB is exercising original jurisdiction
The CA, upon receipt of the record of and imposes the penalty of reclusion
the case, will notify the parties—the appellant If the case comes from the MTC then the RTC by perpetua or life imprisonment
and the appellee. notice of appeal, and it is elevated to the CA, the b) Appeal is to the SC by Notice of Appeal
The notice will order the appellant to file mode of appeal is petition for review to be filed to the SB
his Appellant’s Brief16, within 30 days from with the CA.
notice. The appellee will be furnished a copy III
and he will also have 30 days to file his own A petition for review on certiorari is the mode of a) The SB is exercising original jurisdiction
brief called the Appellee’s Brief. appeal filed with the SC, when the questions and imposes death
being raised are pure questions of law. b) The case will automatically go to the SC
16 This is one brief that’s very long.  on automatic review
c) The accused doesn’t have to do anything
Criminal Procedure Notes
Lectures by Dean Agranzamendez; AY 2017-2018
IV
a) The SB is exercising appellate
jurisdiction because the case came from
the RTC which imposed death, reclusion
perpetua or life imprisonment
b) The SB imposes death, reclusion
perpetua or life imprisonment
c) The SB shall render judgment but refrain
from entering it and instead elevate the
record of the case to the SC for review
XVI. Appeal involving regular courts of
justice
I questions of law, then there can be a
a) The case came from the MTC
b) Judgment is appealable by means of a
Notice of Appeal with the MTC
c) Then the case goes up to the RTC
d) From the RTC, appeal will be by petition
for review with the CA
Note: Here, the questions that may be
raised can be those of fact, or law, or a
mix of both.
e) From the CA, appeal will be to the SC
via petition for review on certiorari
Note: this time, only questions of law
can be raised or presented.
II
a) The case came from the RTC which is
exercising original jurisdiction
b) The penalty imposed by the RTC is less
than death, reclusion perpetua, or life
d.m.g.
UC Law – JD 2021
imprisonment  Yes, provided that the crime proved has
c) Appeal is to the CA via Notice of Appeal not yet prescribed at the time of filing,
with RTC and the crime proved is included in the
d) From the CA, appeal is to the SC via crime charged
petition for review on certiorari
May the accused be convicted of the crime
III charged even if it is not the crime proved?
a) The penalty imposed by the RTC is  Yes, if the crime charged is included in
reclusion perpetua or life imprisonment the crime proved
b) Appeal is to the CA by filing a Notice of
Appeal with RTC Suppose the accused appeals from the judgment
c) From the CA, appeal is to the SC by of conviction. What is the effect?
filing a NoA with the CA  The appeal shall stay the judgment
Note: This is an appeal as a matter of appealed from.
right  Stay means suspend; stay means the
d) If the appeal will raise only pure judgment will not become final in the
meantime, while an appeal is pending
direct appeal from the RTC to the SC by
filing a petition for review on certiorari
Suppose there are several accused. One or some
Note: this is an appeal as a matter os appealed. The others did not. What is the effect of
discretion on the part of the SC, but only
an appeal filed by one or some of the accused?
questions of law can be raised  The judgment is stayed as to the accused
who has filed an appeal. But as to those
IV who did not, the judgment has become
a) The RTC imposed the penalty of death final. They will have to serve their
b) The case goes to the CA on automatic sentence.
review Note: In an appeal, the entire case is open for
c) The CA shall render judgment but refrain review.
from entering judgment; instead, the
record of the case will be elevated to the Suppose the CA or appellate court renders
SC judgment on the appealed case. Will the judgment
affect the accused who did not appeal?
Suppose there is a variance between the  No, the appellate court’s judgment will
allegation and the proof. May the accused be not affect the accused who did not file an
convicted of the crime proved even if it is not the appeal, except if the judgment is
crime charged?
Criminal Procedure Notes
Lectures by Dean Agranzamendez; AY 2017-2018
favourable and applicable to him.
Post-conviction Remedies
Is there still a remedy against a judgment that
has become final?
 Yes. In criminal cases, the remedy is to
file a petition for habeas corpus, in the
following cases:
1) When a violation of a constitutional
right results in the restraint of a
person;
2) When the court has no jurisdiction to
impose the sentence;
3) When the penalty imposed is
excessive and it is void as to the
excess; and
4) When the result of a DNA
examination shows that the accused
did not commit the crime.
May an accused be compelled to provide DNA
sample from his own body?
 Yes. The Court has held that compulsory
testing or DNA examination will not
violate the right against self-
incrimination because that right only
applies to testimonial evidence. It does
not apply to object evidence like DNA
evidence.
The judgment has become final and the accused
is now serving his sentence in prison. Here, a
DNA test may be conducted upon the request of
the accused himself or his representative, or
upon the request of the prosecution.
Is there a need for a court order?
 No. A DNA test may be conducted
without the need of a court order,
provided that the following requisites are
present:
1) There exists a DNA sample.
2) The DNA sample is relevant.
3) The result of the DNA examination is
likely to result in or cause a
modification or reversal of the
judgment of conviction.
 Assuming all the requisites are present,
the next step is to file a petition for
habeas corpus. It may be filed with the
CA, SC, or the court of origin.
Who may file a petition for habeas corpus?
 The accused or the prosecution may file
it.
 A hearing will be set to present evidence
to prove the allegations in the petition.
 If based on the evidence, the court finds
the allegations to be not true, then the
court will simply dismiss the petition.
 But if the court finds them to be true, then
the court will issue an order granting the
petition, setting aside the judgment of
conviction and ordering the release of the
accused from detention.
 This is because if the accused did not
commit the crime, as alleged in the
petition, then his detention is illegal,
notwithstanding the judgment of
conviction.
d.m.g.
UC Law – JD 2021
XVII. Search & Seizure
The lifetime of a search warrant is 10 days from
the date it was issued. After that, it automatically
becomes void and may no longer be extended.
Definition
A search warrant is an:
a) Order in writing;
b) In the name of the People of the
Philippines;
c) Signed by the judge;
d) Addressed to a peace officer;
e) Commanding him to search a personal
property described therein; and
f) Bring it before the court.
May a search warrant be oral?
No. It must be in writing.
May a search warrant be issued in a civil case?
No because a search warrant is in the
nature of a criminal process.
May a search warrant be issued by the highest
ranking PNP officer in the region?
No. It cannot be issued by the police. Not
even the fiscal. It may only be issued by the
court/judge.
Suppose there is no particular or definite
description in the search warrant. Is it valid?
No. A search warrant must describe the
property to be searched in particular. A general
search warrant is not a valid warrant.
Criminal Procedure Notes d.m.g.
Lectures by Dean Agranzamendez; AY 2017-2018 UC Law – JD 2021

Can a search warrant be valid if it charges two If the search warrant is void, the evidence  If the application is filed as an incident,
or more offenses? obtained by means of that search warrant is not the order quashing the search warrant is
No, a scattershot warrant is not valid. admissible. interlocutory (it doesn’t put an end to the
case) and the remedy is a petition for
A peace officer will file an application for the The remedies are in the alternate. If you file a certiorari.
issuance of a search warrant. motion to quash and the court denies it, a motion  If the application is filed as an
to suppress is no longer available. This is because independent proceeding, the order
There is no need to accompany the application you will be litigating the same issues. quashing the search warrant is a final
for a search warrant with a certificate of non- order (it terminates the case), and the
forum shopping because that only applies to In what court may the motions be filed? remedy is an appeal.
civil cases. The motion to quash or suppress may be filed
with, and be acted upon by:
When or in what court should it be filed? 1) The court where the criminal action is
1) It should be filed with the court within pending;
whose territory the crime is committed. 2) If there is no criminal action yet, the court
Note: There must be a crime. Otherwise, that issued the search warrant;
there will be no basis. 3) If the motion has not been resolved, and a
It is the territory, not the jurisdiction, criminal is subsequently filed in another
because this is not a criminal action. It is court, then the motion must be resolved
a separate proceeding. by the latter court.
2) If there is a compelling reason, the
application may be filed with the court Suppose the search warrant was issued by the
within the juridical region where the RTC. When the criminal action was instituted, it
crime is committed, if the place of was filed with the MTC because of the penalty
commission is known, or with the court involved. Where will the motion to quash or
where the search warrant is to be suppress evidence be filed?
enforced.  It should be filed with the MTC where the
3) If the criminal action has already been criminal action is pending.
instituted, the application may be filed
only with that court. The supplication for search warrant may be filed
as: (a) an incident to a pending criminal case; or
What is the remedy against a search warrant? (b) an independent proceeding.
1) Motion to quash the search warrant; or
2) Motion to suppress illegally-obtained Suppose a motion to quash is filed and granted.
evidence. What is the remedy against an order quashing
the search warrant?