Chapter lI

PRELIMINARY CONSIDERATIONS

I.AN OVERVIEW OF THE CRIMINAL

LITIGATION PROCESS

Introduction
1. The materials that follow are not written for the
seasoned litigator and do not contain every possible concept
which may arise in the course of litigation. They are written
for the law student and the bar candidate who need to be
equipped with the core knowledge necessary to pass the bar
examinations. They represent a mere basic roadmap for the
uninitiated. They are designed as a beginner's guide with the
candid purpose of simplifying what appears, at first glance,
to be an intricate exercise. As the reader progresses in his
readings, he will, in no time, see the logic embedded within
the rules and appreciate the rhyme and rhythm in the rules of
criminal procedure.
2. The study of criminal procedure, first and foremost,
requires a constant awareness of the mandatory application of
certain fundamental postulates. First, that in every step of the
litigation process, all parties are entitled toboth substantive
and procedural due process. Second, that criminal prosecutions
involve the obligation of the State to prove the elements of
the crime charged beyond reasonable doubt. Third, that
compliance with the rules is not an end in itself. It is merely
a means of dispensing the ultimate objective of every legal
system, i.e., justice. With this awareness securely entrenched
inthe learner's consciousness, he may now gradually inquire
intothe essential rules of criminal litigation from its inception
toits finality.
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3. A basic concept which the student must initially

understand is that a criminal action is instituted by the
State to prosecute a person for an act or omission punishabla
by law and that a criminal offense is deemed to have been
committed against the entire social order. This explains why
the complaint or information is filed in the name of the People
of the Philippines" and not in the name of a private person. It
is unlike a civil offense which is committed against a private
individual or entity and affects private, not public rights
Since, the action is brought for the enforcement or protection
of an individual right or the prevention or redress of a personal
wrong, it is not the State which prosecutes the civil action but
by the individual whose right has been violated.
Early in his readings, the student will discover that
a criminal action is judicially commenced by the filing of a
criminalcomplaint or information and that such complaint or
information is much more than a mere written accusation. If
it is a complaint, it is a sworn written statement
by the persons mentioned in the Rules. If it is an
subscribed
it is a written accusation information,
subscribed by the
Whether the written accusation be in the form of aprosecutor.
or information, he will come to know that complaint
each is required to
contain certain matters vital to its sufficiency like the
of the accused, name of the offended name
the offense charged, cause of party, designation of
accusation, aggravating and
qualifying circumstances, date of the commission of the
offense, and the place where the offense was
committed.
4. After he
gains familiarity with the rules in the
preparation of a complaint or information, the student will
then come to realize that said
cannot be filed before any court which complaint or information
the
because the law requires, for the validityprosecution
of
chooses
the judgment,
that it be filed with the court
over the offense charged. He willwhich exercises jurisdiction
learn that this jurisdiction,
commonly known as jurisdiction over the subject
conferred by law. This means that it is the law, not matter, 1s
the Rules
of Court, which designates the
over a particular offense. For court which has jurisdiction
instance, the law instructs that
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PRELIMINARY CONSIDERATIONS

violations of city or municipal ordinances and cases subject to

summary procedure arecognizable by Municipal Trial Courts.
It is also the law which mandates that, subject to certain
exceptions, all offenses punishable with imprisonment not
exceeding six years are, likewise, subject to the jurisdiction
of Municipal Trial Courts and that offenses punishable by
imprisonment in excessof six years are cognizable by Regional
Trial Courts.
As he goes on, he will know that while jurisdiction over
the subject matter is conferred by law, that same jurisdiction is
determined by the allegations of the complaint or information.
Thismeans that for the court to know or determine whether or
not it has jurisdiction over the offense charged, the court has
to look into the averments of the complaint or information. In
other words, the court will have to examine the complaint or
information for the purpose of ascertaining whether or not the
facts set out therein, as well as the punishment provided for
by law for such acts, fall within its jurisdiction.
5. Gradually, but steadily, the learner will find out
that jurisdiction over the subject matter or over the offense
charged is not the only type of jurisdiction involved in the
criminal litigation process. He will, likewise, find out that
jurisdiction over the territory is another type of jurisdiction
to be considered. This type refers to the
jurisdiction over
the place of the commission of the offense. This
jurisdiction
requires that the criminal action be filed in the place
the offense was committed or where any of its
where
essential
ingredients occurred; otherwise, the court would be deemed
acting without jurisdiction even if, under the law, the offense
is one within its subject matter jurisdiction.
Still, another type of jurisdiction, which the student
inevitably contend with, is jurisdiction over the person ofwill
accused. Without this jurisdiction, no valid judgment maythe be
rendered against the accused and that for the court to
this jurisdiction, the accused must have acquire
or must have voluntarily been validly arrested
of that court. submitted himself to the jurisdiction
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6. As he grapples with more rules in procedural law

the student will come to appreciate the application of the
substantive law principle that "every person criminally liable
for a felony is also civilly liable." He will find out that, as a
Consequence of this principle, when the criminal action is
instituted, the civil action for the recovery of the civil liability
arising from the offense charged shall also be deemed instituted
with the criminal action. He will also know that this rule is
absolute one because the implied institution of the civil
action will not apply when the offended party waives the civil
action, reserves the right to institute the same separately, or
institutes the civil action prior to the criminal action.
He will further come to know that an independent civil
action is not deemed instituted with the offense charged even
if it arises from the same act or omission constituting the
said offense. This is because an independent civil action is an
entirely separate source of liability. It proceeds independently
of the criminal proceedings and regardless of the results of
the latter. If, for instance, Mr. AA is charged with reckless
imprudence resulting in serious physical injuries, such
reckless imprudence not only gives rise to a civil action
arising from his felonious act. It also gives rise to a separate
civil action arising from a quasi-delict, an entirely distinct
source of obligation. Existing rules, however, caution that the
offended party cannot recover damages twice for the same act
or omission charged in the criminal action.
Commission of a crime
1. Thecriminal litigation process presupposes the prior
commission of a crime or at least the perception that a crime
has been committed. This is because there can be no criminal
action unless a crime is believed to have been committed.
2. When a crime is committed, there is an offender and,
generally, there is a victim. However, a crime may also be
committed by the mere possession of goods or things prohibited
by law.
The victim may be a private person, who may be either
natural or juridical person. The crimes of homicide, murder,
 CHAPTER I 5
PRELIMINARY CONSIDERATIONS

or parricide, for instance, are crimes committed against a

natural person and are classified as crimes against persons.
Crimes may also be committed against juridical or artificial
persons aswhen the offender commits theft or robbery against
the property of a partnership or a corporation. Crimes may
even be committed against public order like rebellion and
sedition and even against national security like treason and
espionage.
Contact with the law
1. No matter how or against whom the offense
is committed, the mere commission of a crime does not
automatically trigger the application of the rules on criminal
procedure. The rules come into operation only when acts are
initiated that would put the offender in contact with the law
the criminal justice system. This contact with the law may
start when the criminal act is brought to the attention of law
enforcement authorities and the offender is arrested, either by
virtue of a duly issued warrant or a valid warrantless arrest.
2. In not a few cases, the contact with the law occurs
when a person is lawfully arrested without a warrant by a
peace officer. Such kind of arrest may also be effected by a
private person under certain situations spelled out clearly
in theRules. For instance, the warrantless arrest is deemed
lawful under the so-called in flagrante delicto arrest when,
at the time the arrest is made, the person arrested has
committed, is actually committing or is attempting to commit
a crime in the presence of the person making the arrest.
The arrest is, likewise, lawful under the commonly termed
hot pursuit situation, which is an arrest made after a crime
has just been committed and the person making the arrest
has personal knowledge of facts and circumstances which
engenders in him a belief that there is probable cause that the
person to be arrested has committed the offense. In any of the
cited grounds for a warrantless arrest, the rules of procedure
mandate that the person arrested shall, without delay, be
delivered to the nearest police station or jail.
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Contact with the law may also occur when law enforcement.
officers search a place under the control of the alleged offender
and seize goods, articles or things illegally possessed and found
therein. When law enforcement authorities are in possession
of information on the existence of contraband or criminal
activities in a particular place, they may conduct a search
and seizure by virtue of a search warrant duly issued. The
search and seizure may also be conducted without a warrant
under well-recognized exceptions to the general rule requiring
a warrant for a search. For instance, a search incident to a
valid arrest does not require a warrant. A custom search does
not, likewise, require a warrant.When the valid search yields
property or effects constituting a crime, subjects of a crime, or
are means to commit a crime, the appropriate criminal actions
are then instituted against the offenders.

Institution of the criminal action; preliminary investigation

1. After the offender's initial contact with the law, the
aggrieved party or the arresting officer may initiatethe filing
of a complaint directly with the trial court or with a proper
officer for purposes of preliminary investigation.
As will be learned later, not all cases require a preliminary
investigation. There are times when a complaint or acriminal
information may be filed directly in court without need for
such investigation. Under current rules, either the direct
filing of a complaint or information in court, or the fling of
a complaint with the investigating officer for the purpose of
conducting a preliminary investigation, is an accepted mode
of instituting a criminal action.
Knowing when the criminal action is instituted is
significant for the application of the rule on prescription of
actions. The prevailing rule declares that "T]he institution
of the criminal action shall interrupt the period of the offense
charged unless otherwise provided in special laws."
2. An important question which a student of Criminal
Procedure will, inevitably, have to contend with is: How is a
criminal action instituted?
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PRELIMINARY CONSIDERATIONS

The answer is not difficult to find. It merely requires

an inqury into the nature of the offense in relation to the
imposable penalty for the same. Thus, the decisive question
to be answered is: ls the offense one which is subject to a
preliminary investigation or one which requires no such
investigation?
If the offense requires a preliminary investigation, a
criminal action is instituted by filing a complaint with the
proper officer for purposes of preliminary investigation. For
other offenses where no preliminary investigation is mandated
by the Rules, the action is instituted by filing the complaint or
information directly with the first level court (MTC) or by filing
acomplaint with the office of the prosecutor, depending on the
charter of the place where the offense was committed. Be it
noted that in Manila and other chartered cities, the complaint
shall, as a rule, be filed with the office of the prosecutor, unless
otherwise provided in their charters.
3. Under the Rules, where the penalty prescribed by
law for the offense is at least four (4) years, two (2) months
e(1) day, a preliminary investigation is required. Thus,
the crime of slight physical injuries requires no preliminary
investigation. Under the Revised Penal Code, the penalty
for such offense is merely arresto menor or a penalty not
exceeding thirty (30) days. However, homicide requires, as a
rule, a preliminary investigation, since the penalty for such
offense is reclusion temporal or a penalty ranging from twelve
(12) years and one (1) day to twenty (20) years.
The rules on preliminary investigation begin to grind
when a complaint is filed before an authorized officer for
the purpose of conducting apreliminary investigation. This
investigation is an inquiry aimed at determining whether a
crime has been committed, whether the person
complained of
is probably guilty thereof and, hence, must be held
short,the investigation is aimed at finding for trial. In
charge the respondent in court. probable cause to
is worthy to remember at this
filed before the investigating officerstage that the complaint
is distinct from the
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refers to the complaint

complaint filed in court. The former
investigation while the latter
that initiates a preliminary
one which commences the judicial proceedings
refers to the
against the accused.
filed with
4. Assume that a complaint has now been
the investigating prosecutor for the purpose
of preliminary
on the
investigation. How shall it be resolved? The rule
evaluate the
matter is clear. It mandates the prosecutor to
complaint and its accompanying evidence. If he finds no
ground to continue with the investigation, he shall dismiss
the complaint. If he finds a reason to proceed with the
investigation,he shall issue a subpoena to the respondent who
shall submit hiscounter-affidavit and those of his witnesses.
He may also submit supporting documents relied upon for his
defense. He is not, however, allowed to file a motion to dismiss
in lieu of the submission of a counter-affidavit.
After the required preliminary investigation has
been completed, the investigating prosecutor may either
recommend the dismissal of the complaint or the filing of
an information in court with an accompanying resolution to
that effect. Such resolution is subject to further action by a
higher officer in the prosecution hierarchy without whose
written authority or approval, no complaint or information
may be filed or dismissed by the investigating
resolution may be further prosecutor. The
subject review by the Secretary
of Justice in accordance with
to
the Rules of
DOJ rules on appeal. The Secretary may Court and existing
reverse or modify the
resolution of the provincial or city prosecutor
state prosecutor. or of the chief
When the criminal
of the case information
is filed in court,
disposition now rests any
within the exclusive
jurisdiction and discretion of the said
bythe prosecution court. Hence, any motion
to withdraw the
be addressed to
judicial discretioninformation
and
will now solely
dismissal, which may be authorized by the determination. The
merely based on the court, cannot be
findings of the
Secretary Justice. The Supreme prosecutor or even of the
of
the matter require Court's
that the dismissal be pronouncements On
based on the court s
 CHAPTER I
PRELIMINARY CONSIDERATIONS

own independent assessment or evaluation of the merits of

the case.
5. Asearlier noted, there are caseswhich do not require
a preliminary investigation because the penalty is less than
four (4) years, two (2) months and one (1) day. In these cases,
a complaint may be filed directly with the prosecutor or the
Municipal Trial Court, not for preliminary investigation,
but for evaluation of the evidence of the complainant. If
filed with the prosecutor, he shall act on the complaint
based on the supporting affidavits and other supporting
documents submitted by the complainant and his witnesses.
The prosecutor may either dismiss the complaint, or file the
information in court.
6. If a complaint or information is directly filed with
the Municipal Trial Court, such court shall evaluate the
evidence submitted by the complainant and his witnesses. The
evidence may consist of their affidavits and other supporting
documents that would establish probable cause. Since no
prior preliminary investigation has been conducted on the
case, the rule grants the court the option to conduct a written
personal examination under oath of the complainant and his
witnesses. Such examination shall be in the form of searching
questions and answers. The court may, likewise, require the
presentation of additional evidence to aid it in determining
probable cause.
The determination of probable cause by the court is called
apreliminary examination and is conducted to determine
whether or not the court shall issue a warrant of arrest against
the accused. It is distinct from the preliminary investigation
conducted by an investigating prosecutor the basic purpose
of which is to determine whether or not the respondent is
probably guilty of the offense and should be made to stand
trial. A preliminary examination is a judicial function, A
preliminary investigation is an executive function performed
through the Department of Justice.
If the court (MTC) finds no probable cause after
undertaking the prescribed procedures, it shall dismiss the
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case. If the court,however, finds probable cause, it shallissue

a warrant of arrest. If the accused has already been taken into
custody, the court, instead of issuing a warrant of arrest, shall
issue a commitment order. The court may 1ssue summons.
instead of a warrant of arrest, if the judge is satisfied that
there is no necessity for placing the accused in custody.
7. Itneeds to beemphasized at this juncture,that there
could be an instance when the accused is not automatically
entitled to a preliminary investigation even if the offense he is
alleged to have committed carries with it an imposable penalty
of at least or even higher than four (4) years, two (2) months
and one (1) day. This situation arises when the accused is
lawfully arrested without a warrant as when he is arrested in
the act of committing robbery. In such a case, he shall not, as
rule, undergo apreliminary investigation even if, under the
Rules, the offense involves a penalty which normally would
require such investigation.
Hence, when a person is lawfully arrested without a
warrant while in the act of committing murder, the
of the offense will not involve prosecution
conducting usual preliminary
investigation even if the offense
the
is punishable by reclusion
perpetua, penalty which involves
a
twenty (20) years and one (1) day to fortyimprisonment from
be emphasized that it is not a (40) years. It must
mnere
which dispenses with the need for a lawful warrantless arrest
but a lawful and
warrantless arrest.preliminary investigation
Even if no
the offender was preliminary investigation is held because
lawfully
or information arrested without a warrant, the
complaint
the prosecutor as long may, nevertheless, be filed by
as an inquest has been
Conducting inguest,
an conducted.
of an inquest prosecutor.however,
Where presupposes
an
the availability
available, the complaint may be inguest prosecutor is not
a peace officer
directly filed by the offended party or
with the
affidavit of such offended partyproper
or
court on the basis of the
This proper court may be
the imposable the MTCarresting
or the RTCofficer or person.
penalty for the depending on
offense. Hence, if the offense is
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CHAPTER I
PRELIMINARY CONSIDERATIONS

murder, the charge shall be instituted with the RTC. If it is

less serious physical iniuries. it shall be filed with the MTC.
Under existing rules of the Department of Justice, the
inquest prosecutor mav, instead of filing the criminal action,
release the person for further proceedings. This occurs when,
for instance, the prosecutor finds that the arrest made does
not comply with the rules on a valid arrest. The person
arrested is then released to be notified later on of a subsequent
preliminary investigation.
8. The rule that a complaint or information may be
fled against the person lawfully arrested without a warrant,
even if no preliminary investigation is conducted, is not an
absolute one. Before a complaint or information is filed, the
person arrested may, nevertheless, ask for a preliminary
investigation. However, he can only do so after validly signing
awaiver of the provisions of Article 125 of the Revised Penal
Code. Notwithstanding the waiver, he may apply for bail even
before he is charged in court. The rule allows any person in
custody, who is not yet charged in court, toapply for bail with
any court in the province, city or municipality where he is
held.
May the person lauwfully arrested ask for a preliminary
investigation even after the information is filed? Fortunately,
for the person arrested, who is now an accused, he may still
do so, Even after the filing of the complaint or information,
the rule still allows the accused to ask for a preliminary
investigation as long as it is made within îve (5) days from
the time he learns of its filing.

Duty of the court upon the filing of the complaint or

information
Assume that a preliminary investigation has been duly
conducted. Assume further that the information or complaint
has now been filed in court. What duty does the judge have?
Under the Rules, the judge is required, within ten (10)
days from the filing of such complaint or information, to
personally evaluate the resolution of the prosecutor and
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the evidence supporting said resolution. This evaluation.

earlier mentioned, is called a preliminary examination,
a judicial function separate and distinct from a preliminary
investigation. To reiterate, the latter is a function of the
prosecutor and is conducted todetermine probable cause that
would justifythe filing of a complaint or information against
the respondent. The former is ajudicial function conducted
after the information is filed in court to determine the propriety
of issuing a warrant of arrest.
In conducting the preliminary examination, the judge
may order the prosecutor to present additional evidence if
there is doubt as to the existence of probable cause. After
evaluating the evidence on record, including the additional
evidence submitted, and the judge finds no probable cause,
he shall dismiss the case. On the other hand, if the judge
finds probable cause, he shall issue a warrant of arrest. If
the accused has been previously arrested, the judge shall,
instead of issuing a warrant of arrest, issue a commitment
order. The court, in conducting a preliminary examination,
is not required to conduct a written personal examination
under oath of the complainant and his witnesses when the
case had previously undergone a preliminary investigation.
The option of conducting a personal examination exists only
in case there is a direct filing in court of a criminal
or information. complaint

Availment of provisional remedies

1. When the
complaint or
the civil action arising from the information is filed and
instituted in accordance with the offense charged is properly
avail of the provisional remedies Rules, thein prosecution may
available civil actions.
For instance, the
the accused attached prosecution may have the property of
hed as
as
security for the satisfaction of any
judgment that may be recovered from the accused when
circumstances arise justifying the attachment, as when the
criminal action is based on a claim for
embezzled the
by accused. money or property
 CHAPTER I 13
PRELIMINARY CONSIDERATIONS

2. Where the civil liability includes support for the

offspring as a consequence of the crime, the accused may also
be ordered to provide support pendente lite to the child born
to the offended party as long as the civil aspect has not been
waived, reserved or instituted prior to the criminal action.
Bail
1.
Recall that after the investigating prosecutor finds
probable cause to hold the respondent for trial, he shall prepare
the information and the supporting resolution. When the
information is filed, the respondent now becomes an accused.
When the court issues a warrant of arrest and the accused is
arrested, the court now acquires jurisdiction over his person.
Note that jurisdiction over the person of the accused may also
be acquired by other means as when he voluntarily surrenders,
thereby submitting himself to the court's jurisdiction. The
accused, who is now in jail, by virtue of his arrest or voluntary
surrender, may gain temporary liberty by availingof the right
to bail.

Bail is a security to guarantee the appearance of the

accused before the court. It is also the security given for the
release of a person under the custody of the law. Hence, a
person outside the custody of the law, while being a fugitive
from justice, is not entitled to apply for bail. The basic rule is:
A freeman cannot avail of the right to bail.
A person under the custody of the law may gain his
release from confinement by availing of the constitutional
right to bail which may be given in the form of corporate
surety, property bond, cash deposit, or recognizance. He may
apply for bail before or after he is formally charged and, as
a rule, the application shall be made in the court where his
case is pending but no bail shall be allowed after a judgment
of conviction has become final. If before such finality, the
accused applies for probation, he may be allowed temporary
liberty under his bail.
2. Bail may be availed of only after the fling of the
complaint orinformation. Aperson in custody of the law who
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is not yet charged in court may apply for bail

with
in the province, city, or municipality where he is held.any court
3. Worthyof note is the rule that an application for Or
admission to bail shall not bar the accused from
the validity of his arrest or the legality of the challenging
for his arrest provided that he raises his warrant issued
entering his plea. The application or admission objections before
accused shall not also bar him from assailing the to bail by the
absence of a preliminary investigation of the chargeregularity or
him provided the matter is also raised by against
his plea. him before he enters
4. Bail may be a matter of right or a
discretion. When bail is a matter of right, thematter of judicial
be denied bail even if there is a applicant cannot
probability that he may jump
bail. The remedy is to increase the
amount of his bail.
Before or after the conviction of the
bail is a matter of right. It is accused in the MTC,
his conviction in the RTC also a matter of right
before
provided is charged with an
offense not punishable by death, he
imprisonment. However, reclusion
if he is convicted inperpetua, or life
offense not punishable by death, the RTC of an
imprisonment, bail becomes a matter reclusion perpetua, or life
of the court. of discretion on the part
5.
Even a person charged with an
by reclusion perpetua or life offense punishable
when evidence of his guilt imprisonment may be allowed bail
is not strong and
circumstances which would justify the grant ofthere are other
bail. In other
words, the grant or denial of bail to a
offense punishable by reclusion person charged with an
is perpetua or life
dependent on whether or not the evidence imprisonment
strong. That the evidence of guilt is of his guilt is
prosecution has the burden of proving.strong is one which the
Strong evidence does not mean proof
doubt. The latter is required only for beyond reasonable
purpose of denying bail. However, if conviction but not for the
the accused is convicted
by the RTC of
reclusion perpetua or life
imprisonment, he lS
 CHAPTER I 15
PRELIMINARY CONSIDERATIONS

not entitled to bail because it is obvious that evidence of his

guilt is not merely strong. His guilt has actually been proven
beyond reasonable doubt.
Arraignment
1. Whether or not the accused is under detention
or out on bail, the court shall thereafter set the case for
arraignment. Arraignment is the formal mode and manner
of implementing the constitutional right of an accused to be
informed of the nature and cause of the accusation against
him.Without arraignment, the accused is not deemed tohave
been informed of such accusation. If before his arraignment,
the accused escapes, the court has no authority to try him in
absentia.
2. The rule requires the presence of the accused during
arraignment for him topersonally enter his plea. The accused
is to be arraigned before the court where the complaint
or information was filed or assigned for trial. It is made in
open court by the judge or clerk and consists in furnishing
the accused with a copy of the complaint or information, the
reading of the same in a language he understands,and asking
him whether he pleads guilty or not guilty.
If the accused refuses to plead, a plea of not guilty shall
beentered for him. The same rule shall be applied if he makes
a conditional plea as when he undertakes to plead guilty on
the condition that the court shall impose upon him only a
slight penalty.
There are instances when the accused pleads guilty,
but at the same time presents exculpatory evidence like self
defense. In such situations, the rule requires that, despite
a plea of guilty, a guilty plea shall not be entered for him.
Instead, the plea shall be deemed withdrawn and a plea of not
guilty shall be entered for him.
There are occasions when a guilty plea is deemed
withdrawn. To illustrate: Assume that the accused pleads
guilty to homicide. To help the court determine the penalty to
be imposed, the court required the accused to present evidence
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present.
of mitigating circumstances and the prosecution to
evidence of aggravating circumstances. No aggravating
circumstances were offered by the prosecution but the
accused successfully presented evidence of self-defense, an
exculpatory evidence. In this situation, it is not proper for the
court to render a verdict of acquittal. Instead, the court shall
declare that the earlier plea of guilty of the accused is deemed
withdrawn and a plea of not guilty be entered for him. A trial
should then follow as a matter of course.
The accused may also enter a plea of guilty to a lesser
offense as when he is charged with attempted homicide and
he pleads guilty merely to physical injuries. For this kind of
plea to merit the approval of the court, the lesser offense must
be one which is necessarily included in the offense charged.
In addition, the plea also requires the consent of both the
offended party and the prosecutor.
3. During the date set for arraignment, the accused
need not enter his plea outrightly because, before the
arraignment and plea, the accused has several options. The
accused may move for a bill of particulars if there are defects
in the information or complaint which prevent him
from
properly pleading to the charge and preparing for trial. He
may also move for the suspension of the
arraignment when
justifiable reasons do exist for its suspension, as
others, the accused appears to be suffering fromwhen, an
among
mental condition which effectively renders him unsound
understand the charge against him and to pleadunable to fully
thereto.The accused may,likewise, at any time intelligently
his plea, move to quash, i.e., to before entering
information. He may, before entering dismiss the complaint or
the validity of his arrest, the his plea, also challenge
his arrest, or assail the legality of the warrant issued for
investigation. absence or regularity of a
preliminary
Motion to quash the complaint or
1 One of the options of theinformation
his plea, when called for accused before he enters
quash the complaint or arraignment, is to file a motion to
information. The motion is required tO
 CHAPTER I 17
PRELIMINARY CONSIDERATIONS

be in writing, filed before the accused enters his plea, signed

by the accused or his counsel, and distinctly specifies both the
factual and legal grounds relied upon for the dismissal of the
complaint or information.
2. An accused may move to quash the complaint or
information on any of the grounds provided for by the Rules.
For instance, he may move to quash on the ground that the
facts charged do not constitute an offense, or that the court
trying the case has no jurisdiction over the offense charged or
Over the person of the accused.
3. The filing of the motion is of vital importance to the
defense of the accused. His failure to file the motion or his
failure to assert any of the allowable grounds shall be deemed
a waiver of the grounds not invoked. There are, however,
grounds which are not deemed waived even if not invoked
like: (a) that the facts charged do not constitute an offense;
(b) that the court trying the case has no jurisdiction over the
offense charged; (c) that the criminal action or liability has
been extinguished; and (d) that the accused shall be placed in
double jeopardy.
4. When a valid ground supports the motion to quash,
the quashal or dismissal of the complaint or information does
not necessarily follow or come about as a matter of course. There
are times when the court may not grant the motion as when it
is based on an alleged defect in the complaint or
which can be cured by amendment. Instead of quashing information
the
complaint or information, the court may give the prosecution
an opportunity tocorrect the defect. If the prosecution fails to
effect the amendment or the complaint or information suffers
from the same defect after the amendment, then the court is
left with no recourse but to grant the motion.
Also, when a motion to quash is sustained, the
may even order that another complaint or information court
be
filed against the accused. Pursuant to the Rules, an
order
sustaining the motion to quash is not a bar to another
prosecution for the same offense unless the motion is based on
(a) the extinguishment of the criminal action, or
(b)that the accused shall be placed in double liability, or
jeopardy.
 CRIMINAL PROCEDURE
Series)
18
(The Bar Lectures

complaint or information is not dismissed Or

If the not guilty is entered, th
quashed, and a subsequent plea of
pre-trial.
then
the case shall be set for

Pre-trial
1. Under the Rules, after the
arraignment of the
court
accused and within thirty (30) days from the date the
acquires jurisdiction over the person of the accused, the court
shall order the mandatory trialconference to consider certain
atters including plea bargaining, stipulation of facts
marking of the evidence, waiver of objections to admissibility
possible modification of the order of thetrial, and such other
matters that will promote a fair and expeditious trial of the
criminal and civil aspects of the case.
Under existing rules, no evidence shall be allowed to
be presented and offered during the trial other than those
identified and marked during the pre-trial except when
allowed by the court for good cause shown.
2. After the pre-trial
conference, the court shall issue
an order reciting the actions taken, the facts
the evidence marked. The pre-trial order shall stipulated and
parties, limit the trial to matters not disposed of, andbind the
the course of the action during the trial, control
prevent manifest injustice. unless modified to
An important rule worth noting at
principle that all agreements or admissionsthis point is the
made or entered
during the pre-trial conference shall be
signed by the accused and counsel; reduced in writing and
used against the accused. otherwise, they cannot be
Trial; demurrer
1.
Within
trial order, trial thirty (30) days from the
shall commence. The rulereceipt of the pre
trial is commenced, it is that once the
as practicable until shall continue from day to day as far
reasonable period ofterminated, but it may be
time for good cause. postponed for a
 CHAPTER I 19
PRELIMINARY CONSIDERATIONS
Also, the Supreme Court has set a time limit with respecu
to the period from arraignment to trial. If the accused is
nou
brought to trial within the time limit set. the information may
be dismissed on motion of the accused on the ground of denial
of his right to speedy trial. He must move for dismissal On
such ground prior to trial. Failure to do so shall constitute a
waiver of the right tohave the information dismissed under
the provision authorizing the dismissal.
2. Normally, the trial begins with the prosecution
presenting its evidence, but when the accused admits the act
omission charged but interposes a lawful defense, the order
of trial may be nmodified or reversed. Hence, if the accused is
charged with homicide and he inyvokes self-defense or defense
of relatives, he may ask the court to have the order of trial
modified. When the order of trial is modified, the accused
shall be allowed to present his evidence ahead of that of the
prosecution.
3. When the prosecution rests its case, and the order of
trial is not modified, it is now the turn of the accused to present
his evidence to prove his defense. However, the accused may,
instead of presenting his evidence, choose to move to dismiss
the case by presenting a demurrer to evidence on the ground
of insufficiency of evidence. This demurrer may be presented
with or without leave of court.
If the demurrer to evidence filed with leave of court is
denied, theaccused may adduce evidence in his defense, but
shall waive the right to present evidence if the demurrer fled
without leave of court is denied.
The prosecution and the defense may,in the same order,
present rebuttaland sur-rebuttal evidence. Upon admission of
the evidence of the parties, the case shall be deemed submitted
for decision unless the court directs them to argue orally or to
submit written memoranda.

Judgment
1. After trial, the judgment of the court shall follow.
Ajudgment is the adjudication by the court on the guilt or
 CRIMINAL PROCEDURE
Series)
20
(The Bar Lectures

innocence of the accused and the imposition on him of the

any. lt is required
proper penalty and civil liability, if directl.
be written in the official language, personally and contain
prepared by the judge and signed by him and shall
clearly and distinctly a statement of the facts and the law.
upon which it is based.
2. The judgment is promulgated by reading it in the
presence of the accused and any judge of the court in which it
was rendered, unless it is for a light offense, in which case, the
judgment may be pronounced in the presence of his counsel or
representative.
3. If the judgment is for conviction and the accused
fails to appear during the promulgation of judgment and such
failure is without justifiable cause, he shall lose the remedies
against the judgment. The only way for him to regain the
right to avail of such remedies is to surrender within
(15) days from the promulgation of the judgment andfifteen
motion for leave to avail of the remedies. file a

Post-judgment remedies
1. The person
Court certain remediesconvicted
is allowed by the Rules of
t0 modify or reverse the
conviction within the period to appeal. Under judgment of
period to appeal is within fifteen (15)
days
existing law, the
judgment or final order. As a rule, from notice of the
for perfecting an appeal, after the lapse of the period
final. Thus, before the the judgment of conviction
before an appeal is judgmenttheof conviction becomesbecomes finalor
for the perfected, accused may file a motion
modifcation
the same. Also, of the
within the judgment or for the setting aside of
same
proprio or upon motion, with period, the judge may, motu
the hearing in either case, reopen
proceedings
2.
to avoid a
miscarriage of justice.
There are other
convicted. At any time remedies available to the
becomes final, the accusedbefore the
judgment conviction
of person
reconsideration. A motion formay move for a new
upon errors of law or new trial shall be trial or a
irregularities during the trial and the
predicated
 21
CHAPTER I
PRELIMINARY CONSIDERATIONS

discovery of new or material evidence. Within the same period,

a motion for reconsideration may also be filed on the grounds
of errors of law or fact in the judgment. The court also may,
its own motion, with theconsent of the accused, grant a neW
trial or reconsideration.
Where the motion for new trial or reconsideration 1s
denied, jurisprudence allows the accused to file an appeal
within a fresh period of fifteen (15) days from notice of the
denial of the motion. The same rule applies to civil cases.
3. Before the finality of the judgment, the accused may
also appeal from a judgment of conviction in accordance with
the procedure set forth in the Rules.
4. The rules on appeal normally follow the doctrine of
hierarchy of courts. Cases decided by the Metropolitan Trial
Court, Municipal Trial Court in Cities, Municipal Trial Court
or the Municipal Circuit Trial Court shall be appealed to the
Regional Trial Court. Cases decided by the Regional Trial
Court shall be appealed either to the Court of Appeals or to
the Supreme Court in the proper cases provided for by law.
Cases decided by the Court of Appeals or the Sandiganbayan
shall be appealed to the Supreme Court.
5. The appeal to the Regional Trial Court., or to the
Court of Appeals in cases decided by the Regional Trial Court
in theexercise of its original jurisdiction, shall be by notice of
appeal fled with the court which rendered the judgment or
final order appealed from.
6. The appeal to the Court of Appeals in cases
by the Regional Trial Court in the exercise of its decided
appellate
jurisdiction shall be bypetition for review under Rule
7. In cases, for instance,
where the penalty
the RTC is reclusion perpetua or ite imposed by
imprisonment,
shall be to the Court of Appeals by notice of
the appeal
the trial court. A review of the case by the appeal fled with
is now necessary before the same is
Court of Appeals
elevated to the Supreme
Court. In cases where the Court of Appeals
perpetua or life imprisonment, the judgmentimposes reclusion
may be appealed
 CRIMINAL PROCEDURE
Lectures Series)
22 (The Bar

way of notice of appeal filed with the

tothe Supreme Court by
Court of Appeals. Sandiganbae
Decisions and final orders of the
8.
appealable to the Supreme Court by petition for
shall be with Rule 45 of the Rules e
review on certiorari in accordance
Court.

Entry of judgment
When all remedies have been exhausted and the judgment
has become final, the same shall be entered in accordance with
existing rules.

II. BASIC CONCEPTS

Concept of criminal procedure

1.Criminal procedure is "a generic term to
the network of laws and rules which governs the describe
administration of justice" (Black's Law Dictionary, procedural
Edition, 1979). As such, it treats of the rules and Fifth
which the criminal laws are enforced and by processes by
prosecutes persons who violate such laws. which the State
In the clear language of the
applied to criminal law, "provides Court,
or
procedural law, as
which one who committed a crime is to regulates the steps by
Lacson, 400 SCRA 267, 306). be punished" (People U.
2.While criminal law
criminal, defines crimes and declares what conduct is
crimes,criminal procedure laysprescribes punishment for such
an offender down the
is made to
answer for the processes by which
crime he
Criminal
the penalties
law confines itself to
the
committed.
of general applicable for such offenses,definition
and the
of offenses,
the questionprinciples for liability. It
does formulation
his crime. Foras to how the offender is tonot,be however, answer
thereof, definesinstance,
the
the Revised
crime of Penal
made liable for
Code, in Art. 249
same be
punishable by reclusionhomicide and provides that
temnporal. The the
Revised