Criminal Procedure Reviewer

CRIMINAL PROCEDURE
Primer-Reviewer
Culled from the Book of Assoc. Justice Jose L. Sabio, Jr.
PRELIMINARY CHAPTER
CRIMINAL PROCEDURE
Is the method prescribed by law
for
the
apprehension
and
prosecution of persons accused
of any criminal offense and for
their punishment, in case of
conviction.
As applied to criminal law,
procedural law provides or
regulates the steps by which
one who has committed crime is
to be punished.
Criminal procedure is concerned
with
the
procedural
steps
through which the criminal case
passes, commencing with the
initial investigation of a crime
and
concluding
with
the
unconditional release of the
offender. It is a generic term
used to describe the network of
laws and rules which govern the
procedural administration of
criminal justice.
What does the law on criminal
procedure governs?
The law on criminal procedure
governs the interaction between
the individual and the States
authority in the administration
of criminal justice.
What are some of the statutory
enactments which regulate or
makes up the law of criminal
procedure?
Prominent among these statutes
are R.A. No. 7438 providing for
the rights of a person arrested,
detained or under custodial
interrogation;
the
Judiciary
Reorganization Act of 1980 (BP
Blg. 129) defining the criminal
jurisdiction of our courts; and
CARMELITA MHAY BINUYA-JUANZON
JURIS DOCTOR, PUP-COLLEGE OF LAW
R.A. No. 6981, the Witness

Protection Security and Benefit
Act.
Three Systems
Procedure
Of
Criminal
1. The Inquisitorial System in

this system, the detection and
the prosecution of offenders are
not left to the initiative of
private parties but to the
officials and agents of the law.
Resort is made to secret inquiry
to discover the culprit, and
violence and torture are often
employed
to
extract
confessions. The judge is not
limited to the evidence brought
before him but could proceed
with his own inquiry which is not
confrontational.
2. The Accusatorial System
every citizen or a member of the
group to which the injured party
belongs
may
bring
the
accusation against a person
suspected as the offender. AS
the action is a combat between
the
parties,
the
supposed
offender has the right to be
confronted by his accuser. The
battle takes the form of a public
trial and is judged by a
magistrate
who
renders
a
verdict.
The essence of the
accusatorial system is the right
to be presumed innocent. To
defeat this presumption, the
prosecution must establish proof
of guilt beyond reasonable
doubt or moral certainty.
3. The Mixed System a
combination of the inquisitorial
and accusatorial system. The
examination of defendants and
other persons before the filing of
CRIMINAL PROCEDURE
Primer-Reviewer
the complaint or information is

inquisitorial. It should be noted
that the judicial set-up in the
Philippines is accusatorial or
adversarial in nature.
It
contemplates two contending
parties before the court, which
impartially
hears
opposing
parties and renders judgment on
the case only after trial.
Distinguish Criminal Procedure
from Criminal Law
CRIMINAL
PROCEDURE
Remedial
or
procedural
Provides for the
method
by
which a person
accused of a
crime
is
arrested, tried
and punished.
Provides
how
the act is to be
punished
CRIMINAL
LAW
Essentially
substantive
Defines crimes,
treats of their
nature,
and
provides
for
their
punishment
Declares what
acts
are
punishable
JURISDICTION
JURISDICTION
As a general notion, jurisdiction
is the power or authority given
by the law to a court or tribunal
to hear and determine certain
controversies. It is the power of
courts to hear and determine a
controversy
involving
rights
which are demandable and
enforceable.
Distinguish Jurisdiction from
Venue
JURISDICTION
The power of
the
court
to
decide the case
on the merits
Substantive
Granted by law
or
by
the
Constitution and
cannot
be
waived
or
stipulated
VENUE
The
particular
country
or
geographical
area in which a
court
with
jurisdiction may
hear
and
determine
a
case. The place
of trial
Procedural
In civil cases,
venue may be
waived
or
stipulated
by
the parties
How are the rules of criminal

procedure construed?
The rules of criminal procedure
shall be liberally construed in
favour of the accused and
strictly against the State to even
the odds in favour of the
accused against whom the
entire machinery of the State is
mobilized.
CRIMINAL JURISDICTION
It is the authority to hear and try
a particular offense and impose
the punishment for it.
May the rules on Criminal

Procedure be given retroactive
effect?
It is a cardinal rule that the rules
of criminal procedure are given
retroactive effect in so far as
they benefit the accused.
Elements of Criminal
Jurisdiction
1. The nature of the offense and/or
the penalty attached thereto;
and
2. The fact that the offense has
been committed within the

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Primer-Reviewer
territorial
court.
jurisdiction
of
the
Requisites for a Valid Exercise

of Criminal Jurisdiction
1. Jurisdiction over the person;
2. Jurisdiction over the territory;
and
3. Jurisdiction over the subject
matter.
Principle
of
Adherence
of
Jurisdiction
GEN. RULE: The principle of
adherence of jurisdiction means
that once jurisdiction is vested
in the court, it is retained up to
the end of the litigation.
It
remains with the court until the
case is finally terminated.
EXCEPTION:
When a newly
enacted statute changing the
jurisdiction of a court is given
retroactive effect, it can divest a
court of jurisdiction over cases
already pending before it which
were filed before the statute
came into force or became
effective.
X was charged with an offense
whose penalty was below 6
years. The case was filed with
the MTC. After trial, the MTC
convicted him of an offense with
a higher penalty. X questioned
the conviction, claiming that the
MTC had no jurisdiction over the
offense
since
the
penalty
prescribed for it was higher than
6 years. Is X correct?
X is wrong. Jurisdiction over the
subject matter is determined by
the authority of the court to
impose the penalty imposable
given the allegation in the
information.
It
is
not
determined by the penalty that

may be meted out to the
offender after trial but to the
extent of the penalty which the
law imposes for the crime
charge in the complaint.
If during the proceedings, the
court finds that it has no
jurisdiction, how should it
proceed?
Where
the court
has
no
jurisdiction, lower courts should
simply dismiss the case. On the
other hand, when the case is
filed in the Supreme Court and
the Court of Appeals, these
courts may refer the case to the
court of proper jurisdiction.
JURISDICTION
OVER
THE
SUBJECT MATTER
It is the power to hear and
determine cases of the general
class to which the proceedings
in question belong and is
conferred by the sovereign
authority which organizes the
court and defines its powers.
Which law determines the
jurisdiction of the court the
law in force at the time of the
commission of the offense or
the one in force as of the time
when the action is filed?
GEN. RULE:
Jurisdiction is
determined by the law as of the
time when the action is filed,
not when the offense was
committed.
EXCEPTION: Where jurisdiction
is dependent on the nature of
the position of the accused at
the time of the commission of
the offense.
In this case,
jurisdiction is determined by the
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Primer-Reviewer
law in force at the time of the

commission of the offense.
JURISDICTION OF COURTS
IN CRIMINAL CASES
SUPREME COURT
1. Exclusive Original
Petitions
for
Certiorari,
prohibition and mandamus
against
the
CA
and
Sandiganbayan.
2. Concurrent
With CA petitions for
certiorari, prohibition and
mandamus against RTC;
With CA and RTC petitions
for certiorari, prohibition and
mandamus against lower
courts;
With
Sandiganbayan
petitions
for
certiorari,
prohibition,
mandamus,
habeas corpus, injunction
and ancillary writs in aid of
its appellate jurisdiction and
over petitions of similar
nature,
including
quo
warranto arising or that may
arise in cases filed or which
may be filed.
3. Exclusive Appellate
By petitioner for Review on
Certiorari from the CA, from
the Sandiganbayan, from the
RTC where only an error or
question of law is involved or
in cases commenced therein,
except those appealable to
the SC or the Sandiganbayan.
By Petition for Review from
the RTC in cases appealable
thereto from the lower courts
and not appealable to the
Sandiganbayan.
COURT OF APPEALS
Actions for annulment of

judgments of the RTC
With the SC petitions for
certiorari, prohibition and
mandamus against the RTC
With SC and RTC petitions
for certiorari, prohibition and
mandamus against lower
courts
From the RTC in all criminal
cases involving offenses for
which the penalty is reclusion
perpetua
or
life
imprisonment,
and
those
involving
other
offenses
which,
although
not
so
punished, arose out of the
same occurrence or which
may have been committed
by the accused on the same
occasion
Automatic
review
where
death penalty is imposed
SANDIGANBAYAN
Violations of RA 3019, as
amended, RA 1379, and
bribery
and
corruption
offenses under the RPC,
where one or more of the
accused
are
officials
occupying positions in the
government, whether in a
permanent, acting or interim
capacity, at the time of the
commission of the offense
Other offenses or felonies
whether simple or complexed
with other crimes committed
in relation to their office by
the
public
officials
and
employees mentioned in Sec.
4(a), 1 PD 1606, as amended
by RA 7975
CRIMINAL PROCEDURE
Primer-Reviewer
Criminal cases filed pursuant

to and in connection with EO
Nos. 1, 2, 14 and 14-A
From the RTC in cases under
PD 1606, as amended by PD
1861, whether or not the
cases were decided by them
in the exercise of their
original
or
appellate
jurisdictions
REGIONAL TRIAL COURT

all criminal cases not within
the exclusive jurisdiction of
any court, tribunal or body,
except those falling under
the exclusive and concurrent
jurisdiction
of
Sandiganbayan;
all criminal cases where the
penalty is higher than 6
years, including governmentrelated cases wherein the
accused is not one of those
falling under the jurisdiction
of the Sandiganbayan;
Whole complex crimes;
Criminal cases where one or
more of the accused is below
18 years of age but not less
than 9 years of age, or one or
more victim is a minor at the
time of the commission of
the offense;
Cases
against
minors
cognizable
under
the
Dangerous Drugs Act, as
amended;
Violation of RA 7610 (special
protection of children against
child abuse, exploitation and
discrimination
act)
as
amended by RA 7658;
Cases of domestic violence
against women and children.
all cases decided by the MTC

in their respective territorial
jurisdiction;
MUNICIPAL/METROPOLITAN
TRIAL COURT
all violations of city or
municipal
ordinances
committed
within
their
respective
territorial
jurisdiction;
all offenses punishable with
imprisonment not exceeding
six (6) years regardless of the
fine and other accessory
penalties and civil liability;
all offenses committed by
public officers and employees
in relation to their office
including GOCC, and by
private individuals charged
as co-principal, accomplices
or accessories, punishable by
not more than 6 years
imprisonment
(except
violation of RA 3019 or AntiGraft and Corrupt Practices
Act, RA 1379 or Forfeiture of
Ill-Gotten Wealth of Public
Officers and Employees; Arts.
210-212 of the RPC (Direct,
Indirect
and
Qualified
Bribery)
all offenses involving damage
to property through criminal
negligence;
in cases where the only
penalty provided by law is a
fine not exceeding P4,000;
in election offenses involving
failure to register or failure to
vote.
2. Special jurisdiction
writ of habeas corpus or
application for bail in the
province or city where the
RTC judge is absent;
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Primer-Reviewer
cases
involving
Batas
Pambansa Blg. 22 (Bouncing
Check Law).
information was incomplete.

Can X invoke lack of jurisdiction
of the court over his person?
Which court has jurisdiction

over a complex crime?
Jurisdiction over the whole
complex crime is lodged with
the trial court having jurisdiction
to impose the maximum and
more serious penalty on an
offense forming part of the
complex crime.
No. X cannot invoke the lack of

jurisdiction of the court. One
who desires to object to the
jurisdiction of the court over his
person must appear in court for
that purpose only, and if he
raises
other
questions
he
waives the objection.
TERRITORIAL JURISDICTION
It means that a criminal action
should be filed in the place
where
the
crime
was
committed, except in those
cases provided by Art. 2 of the
Revised Penal Code.
JURISDICTION
OVER
THE
PERSON OF THE ACCUSED
It refers to the authority of the
court, not over the subject
matter, but over the person
charged.
Jurisdiction over the person of
the accused is acquired upon his
arrest or upon his voluntary
appearance or submission to the
court.
Jurisdiction over the person of
the accused may be waived.
For example, any objection to
the procedure leading to the
arrest must be opportunely
raised before the accused
enters his plea, or it is deemed
waived.
X was charged in court with an
offense. X filed a motion to
quash on the ground that the
court had no jurisdiction over
his person because the arrest
was illegal and because the
Is the presence of the accused

necessary in order for the court
to act on a motion?
It is not necessary for the court
to first acquire jurisdiction over
the person of the accused to act
on a motion, such as dismissing
a case or granting other relief.
The outright dismissal of the
case even before the court
acquires jurisdiction over the
person of the accused is
allowed, except in applications
for bail, in which instance the
presence of the accused is
mandatory.
RULE 110
PROSECUTION OF OFFENSES
Section 1 Institution of
Criminal Actions
Criminal
actions
shall
be
instituted as follows:
(a) For
offenses
where
preliminary investigation is
required,
by
filing
the
complaint with the proper
officer for the purpose of
conducting
the
requisite
preliminary investigation;
(b)For all other offenses, by
filing
the
complaint
or
information directly with the
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MTC or the complaint with

the office of the prosecutor.
What is the effect of the
institution of criminal actions
on the period of prescription of
the offense?
The institution of the criminal
action
shall
interrupt
the
running of the period of
prescription of the offense
unless otherwise provided in
special laws.
The rule does not apply to
violations
of
municipal
ordinances and special laws.
The prescriptive periods for
violations of special laws are
interrupted
only
by
the
institution
of
judicial
proceedings
for
their
investigation and punishment,
while violations of municipal
ordinances prescribe after two
months.
Distinguish
Institution
from
Commencement
INSTITUTION
COMMENCEMENT
A criminal action The
criminal
is instituted by action
is
filing
the commenced
complaint
for when
the
preliminary
complaint
or
investigation.
information is
filed in court.
Can the offended party go
directly to court to file a
criminal action?
GEN. RULE: No. Before a
criminal action is filed in court,
there should have been a
confrontation
between
the
parties
before
the
Lupon
chairman. The Lupon secretary
must certify that no conciliation
or settlement was reached

attested to by the Lupon
chairman. The complaint may
also be filed if the settlement is
repudiated by the parties.
EXCEPTIONS: Parties may go
directly to court to file a criminal
action where:
(1)The
accused
is
under
detention;
(2)A person has otherwise been
deprived of personal liberty
calling for habeas corpus
proceedings;
(3)The actions are coupled with
provisional remedies;
(4)The action may be barred by
the statute of limitations.
Section 2 The Complaint or
Information
The complaint or information
shall be in writing, in the name
of the People of the Philippines
and against all persons who
appear to be responsible for the
offense involved.
Why should a complaint or
information be in the name of
the people of the Philippines?
It is so because just as a crime
is considered an outrage against
the peace and security of the
people at large, its vindication
must also be in the name of the
people.
If the action is instituted in the
name of the offended party, or
of a particular city, the defect is
merely of form and may be
cured at any stage of the trial.
Why should the complaint or
information be in writing?
It should be in writing so that
the court has a basis for its
decision, to inform the accused
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of the nature and cause of the

accusation to allow him to
present his defense, and so that
given the fallibility of human
memory, nobody will forget the
charge.
Section 3 Complaint Defined
A complaint is a sworn written
statement charging a person
with an offense, subscribed by
the offended party, any peace
officer, or other public officer
charged with the enforcement of
the law violated.
The complaint may be filed by
the offended party, any peace
officer, or other public officer
charged with the enforcement of
the law violated.
Who is the offended party?
The offended party is the person
actually injured or whose feeling
is offended.
If the offended party dies
before he is able to file a
complaint, can his heirs file it
in his behalf?
No. The right to file a criminal
action is personal and abates
upon the death of the offended
party. It is not transmissible to
the heirs.
Can
you
file
a
criminal
complaint against a juridical
person?
A criminal action cannot lie
against a juridical person. If the
corporation violates the law, the
officer, through whom the
corporation
acts,
answers
criminally for his acts.
May criminal prosecutions be
enjoined?
GEN. RULE: Public interest

requires that criminal acts must
be immediately investigated
and
prosecuted
for
the
protection of society.
As a
general rule, courts will not
issue prohibitions or injunctions,
preliminary or final, to enjoin or
restrain criminal prosecution.
EXCEPTIONS:
Criminal
prosecutions may be enjoined
for the following reasons:
1. To afford adequate protection
to constitutional rights of the
accused;
2. When necessary for the
orderly
administration
of
justice or to avoid oppression
or multiplicity of actions;
3. Where there is prejudicial
question which is sub-judice;
4. When the acts of the officer
are without or in excess of
authority;
5. Where the prosecution is
under
an
invalid
law,
ordinance, or regulation;
6. When double jeopardy is
clearly apparent;
7. Where the court had no
jurisdiction over the offense;
8. Where it is a case of
persecution
rather
than
prosecution;
9. Where
the
charges
are
manifestly
false
and
motivated by the lust for
vengeance;
10.
When there is clearly
no prima facie case against
the accused and a motion to
quash on that ground has
been denied;
11.
Preliminary injunction
has been issued by the
Supreme Court to prevent
the
threatened
unlawful
arrest of petitioners.
CRIMINAL PROCEDURE
Primer-Reviewer
Section 4 Information Defined

An information is an accusation
in writing charging a person with
an offense, subscribed by the
prosecutor and filed with the
court.
Distinguish
between
a
complaint and an information
COMPLAINT
INFORMATION
May be signed Always
signed
by the offended by
the
party, any peace prosecuting
officer, or other officer
public
officer
charged with the
enforcement of
the law violated
Sworn to by the Need
not
be
person signing it under oath since
the prosecuting
officer filing it is
already
acting
under his oath of
office
May
be
filed Always filed with
either with the the court
office
of
the
prosecutor
or
with the court
Section
5
Who
Must
Prosecute Criminal Actions
GEN. RULE: All criminal actions
commenced by the filing of a
complaint or information shall
be
prosecuted
under
the
direction and control of the
prosecutor.
EXCEPTIONS: In the MTCs and
MCTCs, if the prosecutor is not
available, the offended party,
any peace officer, or other
officer
charged
with
the
enforcement of the law violated
may prosecute. This authority
ceases upon actual intervention

by a prosecutor or upon
elevation of the case to the RTC.
To whom should you appeal the
decision of the prosecutor?
The decision of the prosecutor
may be modified by the
Secretary of Justice or in special
cases by the President of the
Philippines.
The resolution of
the Secretary of Justice, in turn,
may be appealed to the Office
of the President in offenses
punishable
by
death
or
reclusion perpetua.
Is the prosecutor required to
be physically present in the
trial of a criminal case?
In People vs. Beriales, it was
held that the prosecutor should
be present, otherwise, it cannot
be said that the prosecution was
under his direction and control.
But in People vs. Malinao, it was
held that the proceedings are
valid even without the physical
presence of the Fiscal who left
the prosecution to the private
prosecutor under his supervision
and control.
After the case is filed in court,
to whom should motions be
addressed?
Once the information is filed in
court,
the
court
acquires
jurisdiction.
Whatever
dispositions the court may feel
would be proper in the case
thereafter should be addressed
for the consideration of the
court, subject only to the
limitation that the court should
not impair the substantial rights
of the accused or the right of
the people to due process.
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If the prosecutor thinks after

filing a case that a prima facie
case exists, can he refuse to
prosecute?
No,
he cannot
refuse
to
prosecute. He is obliged by law
to proceed and prosecute the
criminal action.
He cannot
impose his opinion on the court.
What
is
the
distinction
between the control by the
prosecution and the control by
the court?
BEFORE A CASE IS FILED IN
COURT, the prosecution has
control over the following:
1. What case to file, if need be;
2. Whom to prosecute;
3. The
manner
of
the
prosecution;
4. To conduct reinvestigation.
AFTER A CASE IS FILED IN
COURT, the court has control
over the following:
1. The
suspension
of
the
arraignment;
2. Reinvestigation;
3. Prosecution
by
the
prosecutor;
4. Dismissal or withdrawal of
the case;
5. Downgrading of the offense
or dropping of the accused
even before plea;
6. Review of the Secretarys
recommendation and reject it
if there is grave abuse of
discretion.
What are the limitations on the
control of the court?
The following limitations are
imposed on the control that a
court has over the case:
1. Prosecution is entitled to
notice;
2. The court must await the

result of a petition for review;
3. The prosecutions stand to
maintain prosecution should
be respected by the court.
What is a Private Crime?
It is a private offense which
cannot be prosecuted except
upon a complaint filed by the
aggrieved
party.
Strictly
speaking, there is no such thing
as a private offense since all
offenses are an outrage against
the
State.
They
are
denominated as private offenses
only to give deference to the
offended party who may prefer
not to file the case instead of
going through the scandal of a
public trial.
What are the examples of
private crimes?
1. Adultery and concubinage;
2. Seduction, abduction, acts of
lasciviousness;
3. Defamation which consists in
the imputation of an offense
mentioned above.
After a complaint for a private
crime has been filed in court,
what is the effect of a pardon
by the offended party?
The pardon will not have any
effect on the prosecution of the
offense. Once a complaint has
been filed in court, jurisdiction
over the offense will be acquired
and will continue to be exercised
by the court until termination of
the case.
Can a father or mother file a
complaint on behalf of their
daughter for concubinage?
CRIMINAL PROCEDURE
Primer-Reviewer
No.
The rule allowing the
parents,
grandparents,
and
guardians to file a complaint on
behalf of the minor applies only
to the offenses of seduction,
abduction
and
acts
of
lasciviousness. A complaint for
adultery or concubinage may be
filed only by the offended
spouse.
If
the
offended
party
in
abduction, seduction and acts
of lasciviousness is of age, can
her parents file the complaint
for her?
No.
If the offender party is
already of age, she has the
exclusive right to file the
complaint unless she becomes
incapacitated. The successive
authority to file the case is
applicable only to minors.
If the victim dies during the
pendency of the case, is the
criminal liability of the accused
extinguished?
No. Death of the complainant
during the pendency of the case
is not a ground for the
extinguishment
of
criminal
liability whether total or partial.
X filed a sworn complaint for
acts of lasciviousness before the
prosecutor.
Before
the
prosecutor could file the case in
court, X died.
Can the
prosecutor
still
file
the
information in court?
Yes. The desire of X to file the
case is evident by her filing of
her sworn complaint with the
prosecutor.
An information for robbery with
rape was filed against X.
X
moved
to
dismiss
the
information on the ground that
there was no complaint filed by
the offended party. Should the
case be dismissed?
No. In robbery with rape, the
complaint of the offended party
is not necessary since the
offense of robbery is not a
private offense.
Prosecution
can be commenced without the
complaint of the offended party.
Section 6 Sufficiency of
Complaint or Information
A complaint or information is
sufficient if it states:
1. The name of the accused;
2. The
designation
of
the
offense given by the statute;
3. The
acts
or
omissions
complaint of as constituting
the offense;
4. The name of the offended
party;
5. The approximate date of the
commission of the offense;
6. The place of the commission
of the offense.
When an offense is committed
by more than one person, all of
them shall be included in the
complaint or information.
Section 7 Name of the
Accused
must state the name and
surname of the accused or any
appellation or nickname by
which he has been or is known.
If
his
name
cannot
be
ascertained,
he
must
be
described under a fictitious
name with a statement that his
true name is unknown.
If the true name of the accused
is thereafter disclosed by him or
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Primer-Reviewer
appears in some other manner

to the court, such true name
shall
be
inserted
in
the
complaint or information and
record.
When is the error in the name
of the accused not fatal to an
information?
Error in the name of the accused
will not nullify the information if
it contains sufficient description
of the person of the accused.
When should the error in the
name or identity be raised by
the accused?
The error should be raised
before arraignment, or else it is
deemed waived.
Section 8 Designation of the
Offense
shall state the designation of
the offense given by the statute,
aver the acts or omissions
constituting the offense, and
specify
its
qualifying
and
aggravating circumstances.
If
there is no designation of the
offense, reference shall be made
to the section or subsection of
the statute punishing it.
What is controlling in the
complaint or information, the
recital
of
facts
or
the
designation of the offense?
It is the recital of facts, not the
designation of the offense, that
is controlling.
X was charged with homicide.
Can he possibly be convicted of
murder?

Yes.
If the recitals in the
complaint or information of the
acts and omissions constituting
the offense actually allege
murder, X can be convicted of
murder. The reason is that it is
the recital of facts and not the
designation of the offense that
is controlling.
In imposing the penalty for the
crime of murder the trial court
considered the circumstance of
the use of an unlicensed firearm
as proven during the trial to
qualify the crime pursuant to RA
8294, even if not alleged in the
information. Valid?
No.
The culprits use of an
unlicensed
firearm
is
an
essential element, of which
circumstances which must be
alleged.
X was charged with estafa, but
the recital of facts actually
alleges theft.
Can X be
convicted of theft?
Yes, because it is the recital of
facts, not the designation of the
offense, that is controlling.
X was charged with estafa, and
the recital of facts alleged
estafa. Can X be convicted of
theft?
No.
The two crimes have
elements that are different from
each other. To convict X of theft
under an information that
alleges estafa would violate his
right to be informed of the
nature and cause of the
accusation against him.
CRIMINAL PROCEDURE
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X was charged with rape of a

10-year old daughter of his
common-law
wife.
The
information
only
alleged
minority. The court convicted
the accused or ape and imposed
the death penalty after the
relationship of the accused with
the victims mother was proven.
Was the court correct?
No. While under Art. 335 of the
RPC, amended by RA 7659, the
accused may be sentenced to
death if the victim is a minor
and the offender is a parent,
ascendant,
step-parent,
guardian,
relative
by
consanguinity or affinity within
the third civil degree, or the
common-law spouse of the
parent of the victim, the twin
requisites
of minority
and
relationship must be alleged
and proved to warrant the
imposition of the death penalty.
Section 9 Cause of the
Accusation
The
acts
or
omissions
complained of as constituting
the offense and the qualifying
and aggravating circumstances
must be stated in ordinary and
concise
language
and
not
necessarily in the language
used in the statute but in terms
sufficient to enable a person of
common understanding to know
what offense is being charged
as well as its qualifying and
aggravating circumstances and
for the court to pronounce
judgment.
In what case can accused not
be
convicted
of
a
crime
different from that designated
in the complaint even if the

recitals allege the commission
of the crime?
The
accused
cannot
be
convicted if:
1. It involves a change of the
theory of the trial;
2. It requires of the defendant a
different defense; and
3. It surprises the accused in
any way.
In the information for rape the
ages and relationships of the
victims were stated but were
not alleged with specifity as
qualifying circumstances.
In
imposing the penalty, the court
considered them as qualifying
circumstances. Proper?
The requirement under Sec. 8 is
satisfied
as
long
as
the
circumstances are alleged in the
information even if these are
not specified as aggravating or
qualifying circumstances.
X was accused of illegal
possession of firearms, but the
information did not allege that X
did not have any license to
possess the firearm.
Is the
information valid?
No. The absence of the license
is an essential element of the
offense. Therefore, it should be
alleged in the complaint or
information.
The trial court found that the
aggravating circumstances of
superior strength and disregard
of sex attended the commission
of
the
crime
and
were
sufficiently proven. The court
thus
considered
them
in
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Primer-Reviewer
convicting
and
accused. Valid?
sentencing
No. Aggravating circumstances

even if proven during the trial
could affect the culprits liability
if the information failed to
allege such circumstances.
X was charged with illegal
possession of opium.
X
contends that the information
was invalid for failure to allege
that he did not have a
prescription from a physician. Is
X correct?
No.
The absence of the
prescription is not an essential
element of the offense and is
only a matter of defense. It
need not be alleged in the
information.
Section 10 Place of the
Commission of the Offense
The complaint or information is
sufficient if it can be understood
from its allegations that the
offense was committed or some
of its essential ingredients
occurred at some place within
the jurisdiction of the court,
unless the particular place
where
it
was
committed
constitutes an essential element
of the offense charged or is
necessary for its identification.
For which offense is the
particular place where the
offense
was
committed
essential?
The particular place where the
offense
was
committed
is
essential in the following crimes:
1. Violation of domicile;

2. Penalty
on
the
keeper,
watchman, visitor of opium
den;
3. Trespass to dwelling;
4. Violation of election law
(prohibiting the carrying of a
deadly weapon within a 30meter
radius
of
polling
places).
Section 11 Date of the
Commission of the Offense
GEN. RULE: It is not necessary
to state in the complaint or
information the precise date of
the offense was committed.
EXCEPTION: When the date is a
material
ingredient
of
the
offense.
The offense may be alleged to
have been committed on a date
as near as possible to the actual
date of its commission.
For which offenses is the time
of the commision of the crime
essential?
The time of the commission of
the crime is essential in the
following crimes:
1. Infanticide;
2. Violation of Sunday Statutes
(Election Law);
3. Abortion.
Accused was charged and
convicted of rape committed on
or about the month of August
1996. Valid?
Yes.
If appellant was of the
belief that the complaint was
defective, he should have filed a
motion for a bill of particulars
with the trial court before his
arraignment
CRIMINAL PROCEDURE
Primer-Reviewer
Section 12 Name of the

Offended Party
In what case is the name of the
victim dispensable?
In offenses against property, the
name of the victim may be
dispensed with as long as the
object taken or destroyed is
particularly
described
to
properly identify the offense.
In what cases is the name of
the victim indispensable?
In cases involving slander and
robbery
with
violence
or
intimidation.
When should the accused raise
an error in his name?
Upon arraignment, otherwise,
he is deemed to have waived
the question of his identity on
appeal.
Section 13 Duplicity of the
Offense
GEN. RULE: A complaint or
information must charge only
one offense.
EXCEPTION: When the law
provides only one punishment
for various offenses (compound
and complex crimes under Art.
48 of the RPC and special
complex crimes).
What is the effect of failure of
the accused to object to a
duplicitous information?
If the accused fails to object
before arraignment, the right is
deemed waived, and he may be
convicted of as many offenses
as there are charged.
What
is
the
principle
of
absorption?
When
another
crime
is
committed in the course of a
crime, said crime is deemed

absorbed either as means
necessary for its commission or
as an unintended effect thereof.
They cannot be charged as
separate offenses themselves.
X fired his gun once, but the
bullet killed two persons. He
was charged with two counts of
homicide in one information.
Can he be convicted under that
information?
Yes. It falls under the exception
to the rule. This is a compound
crime in which one act results in
two or more grave or less grave
felonies. The law provides only
one penalty for the two
offenses.
X was charged with both
robbery and estafa in one
information.
Can he be
convicted of both offenses?
It depends. If he objects to the
duplicitous information before
arraignment, he cannot be
convicted
under
the
information. But if he fails to
object before arraignment, he
can be convicted of as many
offenses as there are in the
information.
X was speeding on a highway
when his car collided with
another car. The other car was
totally wrecked and the driver of
the other car suffered serious
physical injuries.
How many
information
or
complaints
should be filed against X?
Only one information should be
filed for serious physical injuries
CRIMINAL PROCEDURE
Primer-Reviewer
and
damage
to
property
through reckless imprudence.
The information against X
cannot be split into two because
there was only one negligent
act resulting in serious physical
injuries
and
damage
to
property.
Same case as above, but the
injuries suffered by the driver
were
only
slight
physical
injuries. How many information
should be filed?
Two informations, one for the
slight physical injuries and the
other for damage to property
because light felonies cannot be
complexed.
Section 14 Amendment or
Substitution
When can a complaint or
information be amended?
BEFORE PLEA, it can be
amended
in
form
or
in
substance without leave of
court, except if the amendment
will downgrade the offense or
drop an accused from the
In
such a case, the following
requisites must be observed:
1. The amendment must be
made upon motion of the
prosecutor;
2. With notice to the offended
party;
3. With leave of court;
4. The court must state its
reason in
resolving
the
motion; and
5. Copies of the resolution
should
be
furnished
all
parties, esp. the offended
party.

AFTER PLEA, only formal

amendments may be made but
with leave of court and when it
can be done without causing
prejudice to the rights of the
accused.
When
a
complaint
or
information be substituted?
A complaint or information may
be substituted at any time
before judgment if it appears
that a mistake has been made
in charging the proper offense,
and the accused cannot be
convicted of the offense charged
or
of
any
other
offense
necessarily included therein,
provided that he will not be
placed in double jeopardy.
Distinguish
between
amendment and substitution
AMENDMENT
SUBSITUTION
May
involve Necessarily
either formal or involves
a
substantial
substantial
changes
change
Before plea can Always
done
be
effected with leave of
without leave of court since it
court
involves
the
dismissal of the
original
complaint
If only as to If only as to
form, there is no form,
another
need for a new preliminary
preliminary
investigation
investigation or and plea would
plea
be required.
An
amended Substitution
information
requires that the
refers
to
the new information
same
offense is for a different
charged or to offense
which
one
which does not include
necessarily
or
is
not
CRIMINAL PROCEDURE
Primer-Reviewer
includes or is necessarily
included in the included in the
original charge original charge.
thus, substantial
amendments
after
plea
cannot be made
when
the
accused objects.
When are the rights of the
accused
prejudiced
by
an
amendment?
1. When a defense which he had
under the original information
would no longer be available;
2. When any evidence which he
had
under
the
original
information would no longer be
available;
3. When any evidence which he
had
under
the
original
information would no longer be
applicable to the amended
information.
What
are
substantial
amendments?
These
are
amendments
involving the recital of facts
constituting the offense and
determinative of the jurisdiction
of the court. All other matters
are merely of form. After plea,
substantial amendments are
prohibited.
Is an additional allegation of
habitual
delinquency
and
recidivism
a
substantial
amendment?
No.
These allegations only
relate to the range of the
imposable penalty but not the
nature of the offense.
Is the amendment of an
information
from frustrated
murder
to
consummated
murder
a
substantial
amendment?
No.
It is merely a formal
amendment and the accused
does not have to be rearraigned.
Is the change in the items
stolen
by
the
accused
a
substantial amendment or a
formal amendment?
It is substantial amendment
because it affects the essence of
the imputed crime and would
deprive the accused of the
opportunity to meet all the
allegations in preparation of his
defense.
Is an additional allegation of
conspiracy and change in the
nature of the offense due to
supervening
event
a
substantial amendment?
No.
They are merely formal
amendment.
What are the limitations for the
substitution of complaint or
information?
The right to substitution of the
complaint or information is
subject to following limitations:
1. That no judgment has been
rendered yet;
2. That the accused cannot be
convicted of the offense
charged or of any other
offense necessarily included
therein;
3. That the accused will not be
placed in double jeopardy.
Section 15 Place Where
Action Is To Be Instituted
A criminal action should be
instituted:
CRIMINAL PROCEDURE
Primer-Reviewer
(a) In
the
court
of
the
municipality
or
territory
where
the
offense
was
committed or where any of
its
essential
ingredients
occurred, except those cases
involving
offenses
falling
under
the
exclusive
jurisdiction
of
the
Sandiganbayan;
(b)If the offense was committed
in a train, aircraft, or any
other
public
or
private
vehicle, in the court of any
municipality
or
territory
where the vehicle passed
during its trip, including the
place of departure or arrival;
(c) If committed on board a
vessel, in the court of the
first port of entry or of any
municipality
or
territory
where the vessel passed
during the voyage, subject to
the
generally
accepted
principles of international
law;
(d)If committed outside the
Philippines but is punishable
under Art. 2 of the RPC, any
court where the action is first
filed.
What is a transitory offense?
These are crimes where some
acts material and essential to
the crimes and requisite to their
commission
occur
in
one
municipality or territory and
some acts are done in another
place (Ex: estafa, abduction,
malversation).
What is a continuing offense?
These are crimes which are
consummated in one place, yet
by its nature, the violation of the
law is deemed continuing (Ex:
rebellion,
libel
where
the
libellous matter is published or
circulated from one place to
another).
How
do
you
determine
jurisdiction over a continuing
crime?
The courts of the territories
where the essential ingredients
of the crime took place have
concurrent jurisdiction. But the
court
which
first
acquires
jurisdiction excludes the other
courts.
Section 16 Intervention of the
Offended Party In Criminal
Action
GEN. RULE: Where the civil
action for recovery of civil
liability is instituted in the
criminal action pursuant to Rule
111, the offended party may
intervene in the prosecution of
the criminal action.
EXCEPTIONS: If the offended
party has waived his right, has
reserved it, or has already
instituted
the
criminal
action. The basis for this rule is
Art. 100 of the RPC which
provides that every person
criminally liable shall also be
civilly liable. Another reason is
that certain offenses cannot be
prosecuted except upon the
complaint of the offended party.
Do the offended parties have
the right to move for the
dismissal of a case?
No. The right belongs only to
the government prosecutor who
is the representative of the
plaintiff.
CRIMINAL PROCEDURE
Primer-Reviewer
Can the offended party file a

civil action for certiorari in his
own
name
if
the
court
dismisses an information?
Yes. In case of grave abuse of
discretion amounting to lack of
jurisdiction, the petition may be
filed by the offended party
because he has an interest in
the civil aspect of the case.
RULE 111
PROSECUTION OF CIVIL ACTION
Section 1 Institution of
Criminal and Civil Actions
GEN. RULE: When a criminal
action is instituted, the civil
action for the recovery of the
civil liability arising from the
offense charged under Art. 100
of the RPC shall be deemed
instituted with the criminal
action.
EXCEPTIONS: The civil action is
not deemed instituted in the
following cases:
1. When the offended party has
waived the civil action;
reserved the right to institute
it separately;
instituted the civil action
prior to the institution of the
criminal action.
What is the dual concept of
civil liability?
The dual concept of civil liability
means that civil liability may
arise from crimes or from quasidelicts. Thus, a negligent act
which causes damage may
produce two kinds of civil
liability: one arising from crime
and another from quasi-delict.
The only limitation is that the

offended party may not recover
twice from the same act.
Distinguish between a crime
and a quasi-delict
CRIMES
QUASIDELICTS
Affect
public Affects only of
interest
private concern
The
RPC The Civil Code
punishes
or merely repairs
corrects
the the damage by
criminal act
means
of
indemnification
Punished only if Include all acts
there is a law where fault or
providing
for negligence
their
intervenes
punishment
hence
under
the CC, these
may
be
punishable
when fault or
negligence
is
present.
What constitutes civil liability?
According to Art. 104 of the RPC,
civil liability includes restitution,
reparation and indemnification
for consequential damages.
If the complaint does not
contain
an
allegation
of
damages, is the offender still
liable for them?
Yes, because every person
criminally liable is also civilly
liable.
This is subject to
exception when the offended
party has waived or has
reserved the right to institute
the civil action separately.
What is the rule on payment of
docket fees on civil liability?
CRIMINAL PROCEDURE
Primer-Reviewer
If the offended party seeks to

enforce civil liability against
accused by way of moral,
nominal,
temperate
or
exemplary damages other than
actual, the following are bases
for the docket fees:
1. If amount is stated, it will be
based on the stated amount;
2. If no amount is stated, no
docket fees will be paid yet
but the docket fees to be
paid will constitute a lien on
the damages that will be
awarded.
When should the reservation
be made?
And what is the
reason for the rule requiring
reservation?
The reservation should be made
before the prosecution presents
its
evidence
and
under
circumstances
affording
the
offended party a reasonable
opportunity
to
make
such
reservation.
The reason is to prevent double
recovery from the same act or
omission.
In a BP 22 case, can the
offended
party
make
a
reservation of the civil action?
No. The criminal action shall be
deemed to include the civil
action, and the offended party is
not allowed to make the
reservation.
The
actual
damages and the filing fees
shall be equivalent to the value
of the check.
Section 2 When Separate Civil
Action Is Suspended
After the criminal action has
been commenced, the separate
civil action arising therefrom
cannot be instituted until final

judgment has been entered in
the criminal action.
If the criminal action is filed
after the civil action was
instituted, the civil action shall
be suspended in whatever stage
it
may
be
found
before
judgment on the merits. The
suspension shall last until final
judgment is rendered in the
criminal action
Nonetheless, the civil action
may be consolidated with the
criminal action at any time
before judgment on the merits
upon motion of the offended
party with the court trying the
criminal action.
The evidence presented at the
civil action shall be deemed
reproduced in the criminal
action without prejudice to the
right of the prosecution to crossexamine the witness presented
by the offended party in the
criminal case and of the parties
to present additional evidence.
The
consolidated
criminal
actions shall be tried and
decided jointly.
The only exception is that a
prejudicial question arising in a
previously filed civil action
should be resolved first.
Are
the
independent
civil
actions
also
deemed
suspended with the filing of
the criminal action?
No. Only the civil action arising
from the crime under Art. 100 is
suspended.
The independent
civil actions are not suspended
and may continue even if the
criminal
action
has
been
instituted.
However,
the
offended party may not recover
CRIMINAL PROCEDURE
Primer-Reviewer
twice from the same act. He

should only get the bigger
award.
What is the effect of an
acquittal on the civil action?
GEN. RULE: The civil action is
not necessarily extinguished by
the acquittal of the accused.
Even if the accused is acquitted,
the court can still award civil
liability in the following cases:
1. When the acquittal is based
on reasonable doubt;
2. When there is a declaration
in the decision that the
liability of the accused is only
civil;
3. When the civil liability is not
derived from or based on the
criminal act of which the
accused is acquitted.
EXCEPTION: If the decision
contains a finding that the act
from which the civil liability may
arise does not exist, the civil
liability is extinguished.
What is the reason for allowing
the civil liability to subsist in
spite of the acquittal of the
accused?
The reason is that the parties in
the criminal action and civil
action are different.
In the
criminal action, the party is the
State, while in the civil action,
the party is the private offended
party.
Also, the twin actions
require different quantum of
evidence. The criminal action
requires proof of guilt beyond
reasonable doubt, while the civil
action
requires
mere
preponderance of evidence.
Section 3 - When Civil Actions
May Proceed Independently
Independent civil action may be

brought by the offended party
and
it
shall
proceed
independently of the criminal
action and shall require only a
preponderance of evidence.
In no case, however, may the
offended party recover damages
twice for the same act or
omission charged in the criminal
action.
What are the independent civil
actions?
The independent civil actions
are those provided in Articles
32, 33, 34 and 2176 of the New
Civil Code.
Section 4 Effect of Death on
Civil Actions
If the accused dies after
arraignment and during the
pendency of the criminal action,
both the criminal and civil
liability arising from the crime
shall be extinguished. However,
the independent civil actions
may be filed against the estate
of the accused after proper
substitution, and the heirs of the
accused may also be substituted
for the deceased.
If the accused dies before
arraignment, the case shall be
dismissed, without prejudice to
any civil action that the
offended party may file against
the estate of the deceased.
Section 5 Judgment in Civil
Action Not A Bar
A final judgment rendered in a
civil
action
absolving
the
defendant from civil liability is
not a bar to a criminal action
against the defendant for the
CRIMINAL PROCEDURE
Primer-Reviewer
same act or omission subject of

the civil action.
When
the
defendant
is
absolved of civil liability in a
civil action, can a criminal
action still be filed against
him?
Yes.
While every person
criminally liable is also civilly
liable, the converse is not true.
Therefore, even if the defendant
is absolved of civil liability in a
civil action, a criminal action can
still be filed against him. The
outcome of the civil case is not
in any way determinative of the
guilt or innocence of the
respondent in a civil case.
Besides, the State is a party in a
criminal action, while only the
private offended party is a party
in the civil action. Moreover,
the quantum of evidence in the
civil
action
is
only
preponderance
of
evidence,
while that required in the
criminal action is proof beyond
reasonable doubt.
Section 6 Suspension By
Reason Of Prejudicial Question
In case the civil action was
instituted ahead of the criminal
action, the same shall be
suspended in whatever stage if
may be found and before
judgment is the merits upon
commencement of the criminal
action.
Prejudicial Question
Prejudicial question is one based
on a fact separate and distinct
from the crime but is so
intimately related to it that it
determines
the
guilt
or
innocence of the accused
What is the rationale behind

the prejudicial question rule?
To
avoid
two
conflicting
decisions.
Section
7
Elements
of
Prejudicial Question
The elements of a prejudicial
question:
1. The previously filed civil
action involves an issue
which
is
similar
or
is
intimately related with an
issue
raised
in
the
subsequent criminal action;
2. The resolution of the issue
will determine whether or not
the criminal action may
proceed.
When
is
an
action
for
annulment
of
marriage
prejudicial to a bigamy case?
An action for annulment of
marriage is prejudicial to a
bigamy case only if the accused
in the bigamy case is also the
one asking for annulment of the
second
bigamous
marriage
based on vitiation of consent.
This is because in such a case, if
the court declares that the
partys consent was indeed
vitiated
and
annuls
the
marriage, then it would also
mean that the party did not
willingly commit the crime of
bigamy.
It would thus be
determinative of the guilt or
innocence of the accused.
RULE 11
PRELIMINARY INVESTIGATION
Section
1
Investigation
Preliminary
CRIMINAL PROCEDURE
Primer-Reviewer
Preliminary investigation is an
inquiry
or
proceeding
to
determine whether there is
sufficient ground to engender a
well-founded belief that a crime
has been committed and the
respondent is probably guilty
thereof, and should be held for
trial.
When
is
preliminary
investigation required?
GEN. RULE: Before a complaint
or
information
is
filed,
preliminary
investigation
is
required to be conducted for all
offenses
punishable
by
imprisonment of at least 4
years, 2 months, and 1 day,
regardless of the fine.
EXCEPTION: If the accused was
arrested by virtue of a lawful
arrest without warrant.
In such a case, the complaint or
information may be filed without
a
preliminary
investigation
unless the accused asks for a
preliminary investigation and
waives his right under Art. 125
of the RPC.
What is the purpose of a
preliminary investigation?
1. To determine if there is
sufficient ground to engender
a well-founded belief that a
crime has been committed
and
the
respondent
is
probably guilty thereof, and
should be held for trial;
2. To protect the accused from
the inconvenience, expense,
and burden of defending
himself in a formal trial
unless
the
reasonable
probability of his guilt shall
have been first ascertained in

a fairly summary proceeding

by a competent officer;
3. To
secure
the
innocent
against hasty, malicious and
oppressive prosecution, and
to protect him from an open
and public accusation of a
crime, from the trouble,
expenses and anxiety of a
public trial;
4. To protect the state from
having to conduct useless
and expensive trials.
What
is
the
scope
of
Preliminary
investigation
is
merely inquisitorial and it is
often the only means of
discovering whether the offense
has been committed and the
persons responsible for it to
enable the fiscal to prepare his
complaint or information. It is
not a trial on the merits and has
no purpose but to determine
whether there is probable cause
to believe that an offense has
been committed and that the
accused is probably guilty of it.
It does not place the accused in
jeopardy.
Is the right to a preliminary
investigation a fundamental
right?
No, it is a statutory right and
may be waived expressly or by
silence.
It is also not an
element of due process, unless
is expressly granted by law.
While the right to a preliminary
investigation
may
be
substantial, nevertheless it is
not a constitutional right.
Can accused demand the right
to confront and cross-examine
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his witness during preliminary

investigation?
No.
The
preliminary
investigation is not part of the
trial.
It is summary and
inquisitorial in nature, and its
function is not to determine the
guilt of the accused but merely
to determine the existence of
probable cause.
If the complaint or information
is amended, should a new
preliminary investigation be
conducted?
No,
unless
the
amended
complaint
or
information
charges a new offense. A new
preliminary
investigation
is
required only in cases where the
complaint or information is
substituted.
Section 2 Officers Authorized
To
Conduct
Preliminary
Investigation
The following may conduct a
preliminary investigation:
1. Provincial or City prosecutors
and their assistants;
2. National and Regional State
prosecutors;
3. Comelec with respect to
election offenses;
4. Ombudsman with respect to
Sandiganbayan offenses and
other offenses committed by
public officers;
5. PCGG with respect to illgotten wealth cases.
Section 3 Procedures In
Preliminary Investigation
The preliminary investigation
shall be conducted in the
following manner:
1. The complaint shall state the
address of the respondent and
shall be accompanied by the

affidavits of the complainants
and his witnesses as well as
other documents to establish
probable cause. The affidavits
must be subscribed and sworn
to before the prosecutor or
government official authorized
to administer oath or notary
public.
2. Within 10 days from the filing of
the complaint, the investigating
officer shall either:
a. Dismiss it if he finds no
ground
to continue the
investigation; or
b. Issue a subpoena to the
respondent accompanied by
the complaint and affidavits.
c. The respondent shall have
the right to examine the
evidence submitted by the
complainant which he may
not have been furnished and
to copy them at his expense.
If the evidence is voluminous,
the complainant may be
required to specify those
which he intends to present
against the respondent, and
these shall be made available
for examination or copying
by the respondent at his
expense.
3. Within 10 days from receipt of
the subpoena, the respondent
shall
submit
his
counteraffidavit, the affidavits of his
witnesses, and other documents
in his defense. Affidavits should
also be sworn and subscribed.
The respondent cannot file a
motion to dismiss in lieu of a
counter-affidavit.
4. If the respondent cannot be
subpoenad of if he fails to file
his counter-affidavit within 10
days, the investigating officer
shall resolve the complaint
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based
on
the
evidence
submitted by the complainant.
5. If there are facts and issues
which need to be clarified, the
investigating officer may set a
hearing the parties can be
present, but they cannot crossexamine. The hearing shall be
held within 10 days from the
submission of the counteraffidavits or from the expiration
of
the
period
of
their
submission.
It
shall
be
terminated within 5 days.
6. Within 10 days from the
termination of the investigation,
the investigating officer shall
determine whether or not there
is probable cause to hold the
respondent for trial.
Is a preliminary investigation a
judicial proceeding?
Yes, it is a judicial proceeding
where
the
prosecutor
or
investigating officer acts as
quasi-judicial officer. Parties are
given the opportunity to be
heard and to produce evidence
which shall be weighed and
upon which a decision shall be
rendered. Since it is a judicial
proceeding, the requirement of
due
process
in
judicial
proceeding is also required in
preliminary investigations.
What is the difference between
criminal
investigation
and
Criminal investigation is a factfinding investigation carried out
by law enforcement officers for
the purpose of determining
whether they should file a
complaint
for
preliminary
investigation.
Preliminary
investigation is conducted for
the purpose of determining if
there is probable cause to hold a

person for trial.
Probable Cause
Is the existence of such facts
and circumstances as would
excite the belief in a reasonable
mind, acting on the facts within
the
knowledge
of
the
prosecutor, that the person
charged was guilty of the crime
for which he was prosecuted.
Is the presence of counsel in
the preliminary investigation
mandatory?
No. Preliminary investigation is
a summary proceeding and is
merely inquisitorial in nature.
The accused cannot yet invoke
the full exercise of his rights.
However, if a confession is to be
obtained from a respondent, an
uncounselled confession would
be inadmissible.
Section 4 Resolution of
Investigating Prosecutor and
Its Review
If the investigating prosecutor
finds
cause
to
hold
the
respondent for trial, he shall
prepare the resolution and
information.
He shall certify
under oath in the information
that:
1. He has personally examined
the complainant and his
witnesses;
2. That there is reasonable
ground to believe that a
crime has been committed
and that the accused is
probably guilty thereof;
3. That
the
accused
was
informed of the complaint
and
of
the
evidence
submitted against him;
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4. That he was given an

opportunity
to
submit
controverting evidence.
finds no probable cause, he shall
recommend the dismissal of the
complaint.
Within
5
days
from
his
resolution, he shall forward the
record of the case to the
provincial or city prosecutor or
chief state prosecutor, or the
Ombudsman. The latter shall
act on the resolution within 10
days from receipt and shall
immediately inform the parties
of such action.
No complaint or information
may be filed or dismissed by an
investigating prosecutor without
the prior written authority or
approval of the provincial or city
prosecutor
or
chief
state
prosecutor, or the Ombudsman.
recommends the dismissal of
the
complaint,
but
his
recommendation is disapproved
by the provincial or city
prosecutor
or
chief
state
prosecutor, or the Ombudsman
on the ground that probable
cause exists, the latter may
either:
a. By
himself,
filed
the
information; or
b. Direct
another
assistant
prosecutor
to
file
the
information without need for
a
new
preliminary
investigation.
The Secretary of Justice may,
upon petition by a proper party
or by itself, reverse or modify
the resolution of the provincial
or city prosecutor, the chief
state
prosecutor
or
the
Ombudsman. In such a case, he

shall direct the prosecutor

concerned to either file the
information without need for a
new preliminary investigation or
to dismiss or move for its
dismissal if already filed in
court.
If there was no preliminary
investigation conducted, what
is the remedy of the accused?
The accused may do any of the
following:
1. Refuse to enter plea;
2. Insist
on
a
preliminary
investigation;
3. File certiorari if refused;
4. Raise it as an error on
appeal;
5. File a petition for prohibition.
May
the
Regional
State
Prosecutor file an information
in court?
No, unless he has a prior written
approval of the city provincial or
chief state prosecutor.
What should the Secretary of
Justice do if an information
already
filed
in
court
is
appealed to him?
He should, as far as practicable,
refrain from entertaining the
appeal. The matter should be
left to the determination of the
court.
If the Secretary of Justice gives
due course to the appeal, what
should the trial judge do?
The trial judge should suspend
proceedings
and
defer
arraignment
pending
the
resolution of the appeal.
Section 5 When Warrant of
Arrest May Issue
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BY THE RTC within ten (10)

days from the filing of the
complaint or information, the
judge shall personally evaluate
the resolution of the prosecutor
and its supporting evidence. If
the evidence on record fails to
establish probable cause, he
may immediately dismiss the
case.
If he finds probable
cause, he shall issue a warrant
of arrest, of a commitment order
if the accused has already been
arrested pursuant to a warrant
or when the accused was
lawfully arrested without a
warrant. In case of doubt on the
existence of probable cause, the
judge may order the prosecutor
to present additional evidence
within five (5) days from notice
and the issue must be resolved
by the court within thirty (30)
days from the filing of the
If issued by the MTC and if
the preliminary investigation
was conducted by a prosecutor,
the same procedure as above is
followed.
When is a warrant of arrest not
necessary?
A warrant of arrest is not
necessary in the following
instances:
1. When the accused is already
under detention issued by
the MTC;
2. When the accused was
arrested by virtue of a lawful
arrest without warrant;
3. When the penalty is a fine
only.
Warrant of Arrest
A legal process issued by
competent authority, directing
the arrest of a person or persons

upon grounds stated thereto.
Preliminary Examination
A preliminary examination is a
proceeding usually conducted
by the judge for the purpose of
determining probable cause for
the issuance of a warrant of
arrest.
Purpose
of
Preliminary
Examination
Its purpose is to determine the
(a) fact of commission of a
crime; and (b) the probability
that the person sought to be
arrested committed the crime.
Distinguish
Preliminary
Investigation from Preliminary
Examination
PRELIMINARY
PRELIMINARY
INVESTIGATIO
EXAMINATION
N
Executive
Judicial function
function
May be done by Done by judges
a prosecutor, the only
PCGG
or
a
Comelec official
May not be done Done ex-parte
ex-parte
Done
by
the Done
by
the
prosecutor
to judge
to
determine
determine
probable cause probable cause
in order to file a for the purpose
complaint
or of
issuing
a
information
warrant of arrest
What are the remedies of a
party against whom a warrant
of arrest has been issued?
A party against whom a warrant
of arrest has been issued may:
1. Post bail;
2. Ask for an investigation;
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3. File a petition for review;

4. File a motion to quash the
information;
5. If denied, he may appeal the
judge
after
trial
(no
certiorari).
If the judge did not issue a
warrant for the arrest of the
accused
during
preliminary
investigation,
what
is
the
remedy of the prosecutor if he
believes
that
the
accused
should be immediately placed
under custody?
The prosecutor should file the
information in court, so that the
RTC may issue the warrant of
arrest.
He cannot file for
mandamus because that could
take two years to resolve.
Is the finding of a judge that
probable cause exists for the
purpose of issuing a warrant of
arrest
subject
to
judicial
review?
No. That would tantamount to
asking the court to examine and
assess such evidence submitted
by the parties before trial and
on the basis thereof and to
make a conclusion as whether
or not it suffices to establish the
guilt of the accused.
Can the accused file a motion
to quash based on insufficiency
of evidence?
No. He cannot pre-empt trial by
filing a motion to quash on the
ground
of
insufficiency
of
evidence. Whether the function
of determining probable cause
has
been
correctively
discharged by the prosecutor is
a matter that the trial court

itself does not and may not pass

upon.
What is the remedy of the
complainant if the Secretary of
Justice does not allow the filing
of a criminal complaint against
the
accused
because
of
insufficiency of evidence?
The complainant can file a civil
action for damages against the
offender based on Art. 35 of the
Civil Code. This would require a
mere
preponderance
of
evidence.
What is a John Doe warrant?
Are they valid?
A John Doe warrant is a warrant
for the apprehension of a person
whose true name is unknown.
Generally, John Doe warrants
are void because they violate
the
constitutional
provision
which requires that warrants of
arrest
should
particularly
describe the person or persons
to be arrested. But if there is
sufficient description to identify
the person to be arrested, then
the warrant is valid.
Section 6 When Accused
Lawfully
Arrested
Without
Warrant
How should the complaint of
information be filed when the
accused is lawfully arrested
without warrant?
When a person is lawfully
arrested without a warrant
involving an offense which
requires
a
preliminary
investigation, the complaint or
information may be filed by a
prosecutor without a need of
such investigation provided an
inquest proceeding has been
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conducted in accordance with

existing rules. In the absence of
an inquest prosecutor, the
offended party or any peace
officer may file the complaint
directly in court on the basis of
the affidavit of the offended
party or peace officer.
person
arrested
without
warrant
if
he
wants
a
Before
the
complaint
or
information is filed, a person
arrested without warrant may
ask
for
a
preliminary
investigation provided that he
signs a waiver of his rights
under Art. 125 of the RPC in the
presence of counsel. He may
still apply for bail in spite of the
waiver. The investigation must
be terminated within 15 days.
After
the
complaint
or
information is filed but before
arraignment, the accused may,
within 5 days from the time he
learns of his filing, ask for a
preliminary investigation.
Inquest
It is an informal and summary
investigation conducted by a
public prosecutor in a criminal
case involving persons arrested
and detained without the benefit
of a warrant of arrest issued by
the court for the purpose of
determining
whether
said
persons should remain under
custody and correspondingly
charged in court.
Section 7 Records
Records
supporting
the
information or complaint An
information or complaint filed in
court shall be supported by the

affidavits and counter-affidavits
of
the
parties
and
their
witnesses, together with the
other supporting evidence and
the resolution on the case.
Records
of
preliminary
investigation The record of
preliminary
investigation,
whether
conducted
by
a
prosecutor or other officers as
may be authorized by law shall
not form part of the record of
the case, unless introduced as
evidence during the trial.
Section 8 Cases Not Requiring
A Preliminary Investigation Nor
Covered By The Rule On
Summary Procedure
a) If
filed
with
the
prosecutor the prosecutor
shall act on the complaint based
on the affidavits and other
supporting
documents
submitted by the complainant
within 10 days from its filing
b) If filed with the Municipal
Trial Court and within 10 days
from the filing of the complaint
or information, the judge finds
no
probable
cause
after
personally
examining
the
evidence in writing and under
oath of the complainant and his
witnesses in the form of
searching
questions
and
answers, he shall dismiss the
He
may, however, require the
submission
of
additional
evidence, within 10 days from
notice, to determine further the
existence of probable cause. If
he still finds no probable cause,
he shall dismiss the case. If he
finds probable cause, he shall
issue a warrant of arrest or a
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commitment
order
if
the
accused had already been
arrested, and hold him for trial.
If he thinks that there is no
necessity
for
placing
the
accused under custody, he may
issue summons instead of a
warrant of arrest.
2. Within 10 days after the

expiration of the period, the
officer to whom it was assigned
for execution shall make a
report to the judge who issued
the warrant.
3. In case of his failure to execute
the warrant, he shall state the
reasons therefor.
RULE 113 ARREST
Within what period must a

warrant of arrest be served?
There is no limitation of period.
A warrant of arrest is valid until
the arrest is effected or until it is
lifted.
Section 1 Definition Of Arrest

Arrest is the taking of a person
into custody in order that he
may be bound to answer for the
commission of an offense.
Section 2 Arrest; How Made
An arrest is made by an actual
restraint of a person to be
arrested, or by his submission to
the custody of the person
making the arrest.
No violence or unnecessary
force shall be used in making an
arrest.
The person arrested
shall not be subject to a greater
restraint than is necessary for
his detention.
Section 3 Duty Of Arresting
Officer
It shall be the duty of the officer
executing the warrant to arrest
the accused and deliver him to
the nearest police station or jail
without unnecessary delay.
Section 4 Execution Of
Warrant
1. The head of the office to whom
the warrant of arrest was
delivered for execution shall
cause the warrant to be
executed within 10 days from its
receipt.

What is the lifetime of a

warrant of arrest?
A warrant of arrest remains valid
until the arrest is effected or the
warrant is lifted.
To validly effect arrest, must
the peace officer have in his
possession the warrant of
arrest?
Police officers may effect arrest
without the warrant in their
possession at the time of the
arrest.
Section 5 Arrest Without
Warrant; When Lawful
A peace officer or private person
may arrest a person even
without a warrant:
1. When in his presence, the
person to be arrested has
committed,
is
actually
committing, or is about to
commit an offense;
2. When an offense has just
been committed, and he has
probable cause based on
personal knowledge of facts
and circumstances that the
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person to be arrested has

committed it; and
3. When the person to be
arrested is a prisoner who
has escaped from a penal
establishment or place where
he is serving final judgment
or is temporarily confined
while his case is pending or
has escaped while being
transferred
from
one
confinement to another.
A police officers was chasing a
person who had just committed
an offense. The person went
inside a house, so the police
officer followed.
Inside the
house, the police officer saw
drugs lying around.
Can he
confiscate the drugs and use
them as evidence?
Yes. The plain view doctrine is
applicable this case because
there was a prior valid intrusion.
The police officer inadvertently
discovered the evidence, he had
a right to be there, and the
evidence
was
immediately
apparent.
What if the officer merely peeks
through the window of the
house and sees the drugs, can
he confiscate them and use
them as evidence.
He can confiscate them, without
prejudice to his liability for
violation of domicile. He cannot
use them as evidence because
the seizure cannot be justified
under the plain view doctrine,
there being no previous valid
intrusion.

What
is
the
effect
if
a
warrantless arrest is illegal?
It does not render void all other
proceedings, including those
leading to the conviction of the
accused nor can the state be
deprived of its right to convict
the guilty when all the facts on
record points to his culpability.
Section 6 Time Of Making
Arrest
An arrest may be made any day
and at any time of the day and
night.
Section 7 Method Of Arrest By
Officer By Virtue Of Warrant
When making an arrest by virtue
of a warrant, the officer shall
inform the suspect of the cause
of the arrest and that a warrant
has been issued for his arrest,
except when he flees or forcibly
resists before the officer has
opportunity to inform him, or
when the giving of such
information will imperil the
arrest.
The officer need not have the
warrant in his possession at the
time of the arrest but after the
arrest, if the suspect so requires,
the warrant shall be shown to
him as soon as practicable.
Officer Without Warrant
When making an arrest without
a warrant, the officer shall
inform the suspect of his
authority and the cause of the
arrest, unless the latter is either
engaged in the commission of
an
offense,
is
pursued
immediately
after
its
commission, has escaped, flees,
or forcibly resists before the
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officer has opportunity to inform

him, or when the giving of such
arrest.
Private Person
When making an arrest, a
private person shall inform the
suspect of the intention to arrest
him and the cause of the arrest,
unless the latter is either
engaged in the commission of
an
offense,
is
pursued
immediately
after
its
commission, has escaped, flees,
or forcibly resists before the
officer has opportunity to inform
him, or when the giving of such
arrest.
Section 10 Officer May
Summon Assistance
An officer making a lawful arrest
may orally summon as many
persons as he deems necessary
to assist him in effecting the
arrest
Every person so summoned by
an officer shall assist him in
effecting the arrest when he can
render such assistance without
detriment to himself.
Section 11 Right Of Officer To
Break
Into
Building
Or
Enclosure
An officer, in order to make an
arrest either by virtue of a
warrant, or without a warrant as
provided in Sec. 5, may break
into any building or enclosure
where the person to be arrested
is or is reasonable believed to
be, if he is refused admittance
thereto, after announcing his
authority and purpose.
Section 12 Right To Break Out

From Building Or Enclosure
Whenever an officer has entered
the building or enclosure in
accordance with the preceding
section, he may break out
therefrom when necessary to
liberate himself.
Section 13 Arrest After
Escape Or Rescue
If a person lawfully arrested
escapes or is rescued, any
person may immediately pursue
or retake him without a warrant
at any time and in any place
within the Philippines.
Section 14 Right Of Attorney
Or Relative To Visit Person
Arrested
Under RA 7438, any person
arrested or detained or under
custodial investigation shall be
allowed visits by or conferences
with any member of his
immediate
family,
or
any
medical doctor, or priest or
religious minister chosen by him
or by any member of his
immediate family or by his
counsel, or by any national nongovernmental organization duly
accredited by the Commission
on Human Rights or by any
international non-governmental
organization duly accredited by
the Office of the President.
RULE 114 BAIL
Section 1 Bail Defined
Bail is the security given for the
release of a person in custody of
the law, furnished by him or a
bondsman, to guarantee his
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appearance before any court as

required.
Bail may be given in the form of
corporate surety; property bond;
cash deposit; or recognizance.
What is recognizance?
It is an obligation or record,
entered into before a court or
magistrate duly authorized to
take it, with the condition to do
some particular act, the most
usual condition in criminal cases
being the appearance of the
accused for trial.
When is the right to bail
available?
The right to bail only accrues
when a person is arrested or
deprived of his liberty. The right
to bail presupposes that the
accused is under legal custody.
Section 2 Conditions Of Bail,
Requirements
All kinds of bail are subject to
the following conditions:
1. The undertaking shall be
effective upon approval, and
unless
cancelled,
shall
remain in force at all stages
of
the
case
until
promulgation
of
the
judgment
of
the
RTC,
irrespective of whether the
case was originally filed in or
appealed to it;
2. The accused shall appear
before the proper court
whenever required by the
court or these Rules;
3. The failure of the accused to
appear at the trial without
justification and despite due
notice shall be deemed a
waiver of his right to be

present thereat. In such a
case, the trial may proceed in
absentia; and
4. The
bondsman
shall
surrender the accused to the
court for execution of the
final judgment.
Requirements of Bail
1. Original papers which shall state
the full name and address of the
accused;
2. Amount of the undertaking and
the condition required by this
Section;
3. Photographs
(passport
size)
taken within the last 6 months
showing the face, left and right
profiles of the accused which
must be attached to the bail.
Can the court impose other
conditions or limitations on the
bail?
Yes. The trial court may impose
other conditions in granting bail
where the likelihood of the
accused jumping bail or of
committing other harm to the
citizenry is feared. The court
even has the power to prohibit a
person admitted to bail from
leaving
the
Philippines
or
restrict his right to travel.
Section 3 No Release Or
Transfer Except On Court Order
Or Bail
No person under detention by
legal process shall be released
or transferred except upon order
of the court or when he is
admitted to bail.
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Section 4 Bail, A Matter Or

Right; Exception
GEN. RULE: Before conviction
of any criminal offense, all
persons in custody, under arrest
or detention or restraint by the
officers of the law, shall be
admitted to bail as a matter of
right.
EXCEPTION: When such person
is charged with a capital offense
and the evidence of guilt is
strong.
Section
5
Bail,
When
Discretionary
Upon conviction by the RTC of
an offense not punishable by
death, reclusion perpetua, or life
imprisonment admission to bail
is discretionary. The application
for bail may be filed and acted
upon by the trial court despite
the filing of a notice of appeal,
provided it has not transmitted
the original record to the
appellate court.
However, if the decision of the
trial
court
convicting
the
accused changed the nature of
the offense from non-bailable to
bailable, the application for bail
can only be filed with and
resolved by the appellate court.
Should the court grant the
application, the accused may be
allowed
to
continue
on
provisional liberty during the
pendency of the appeal under
the same bail subject to the
consent of the bondsman.
When can the prosecution
move for the cancellation or
denial of bail of the accused?
If the penalty imposed by the

trial court is imprisonment
exceeding six (6) years, the
accused shall be denied bail, or
his bail shall be cancelled upon
a showing by the prosecution,
with notice to the accused, of
the following or other similar
circumstances:
1) That he is a recidivist, quasirecidivist,
or
habitual
delinquent, or has committed
the crime aggravated by the
circumstance of reiteracion;
2) That
he
has
previously
escaped
from
legal
confinement,
evaded
sentence, or violated the
conditions of his bail without
valid justification;
3) That he committed the
offense
while
under
probation,
parole,
or
conditional pardon;
4) That the circumstances of his
case indicate the probability
of flight if released on bail; or
5) That there is undue risk that
he may commit another
crime during the pendency of
the appeal.
When may person not be
admitted to bail?
When the evidence of guilt is
strong, a person shall not be
admitted to bail if charged with
a capital offense, or when
charged with an offense that
under the law is punishable with
reclusion perpetua at the time
of its commission and at the
time of the application for bail.
When
is
a
bail
hearing
necessary?
Under the present rules, bail
hearing
is
mandatory
on
CRIMINAL PROCEDURE
Primer-Reviewer
granting bail, whether it is a

matter of right or discretion.
Even in cases where there is no
petition for bail, a hearing
should still be had.
What is required of the judge
who denies an application for
bail?
The order denying bail issued by
the judge should contain a
summary
of
the
evidence
presented and the reason for
the denial, otherwise it shall be
void. The reason is that there is
a need for clear grounds before
a person can be denied of his
liberty. This is to safeguard the
constitutional
right
to
presumption of innocence.
If there is a possibility that the
accused would jump bail, what
should the court do?
The court may do the following:
1. Increase the amount of bail;
2. Require periodic reports of
the accused to court;
3. Warn the accused that should
he jump bail, the trial court
may proceed in absentia.
Doctrine of Residual Powers
Where the trial court retains
power even after the perfection
of an appeal
X was charged and convicted
with a crime so he filed a notice
of appeal. If he wants to put up
bail, where should he file his
application?
If the records of the case have
not yet been transmitted to the
appellate court, X can file the
application with the trial court.
However, once the records have
been
transmitted
to
the
appellate court, the trial court
loses jurisdiction over the bail
application.
Is the doctrine absolute?
No. If the decision of the trial
court upgraded the offense from
non-bailable to bailable, the
application for bail can only be
filed with and resolved by the
appellate court.
Section 6 Capital Offense
Defined
A capital offense is an offense
which, under the law existing at
the time of its commission and
of the application for admission
to bail, may be punished with
death.
How is the capital nature of an
offense determined?
The capital nature of an offense
is determined by the penalty
prescribed by law. What is to be
considered is the prima facie
evidence, not the penalty that
may be imposed taking into
account
modifying
circumstances.
Section 7 Capital Offense, Not
Bailable
No person charged with a
capital offense, or an offense
punishable
by
reclusion
perpetua or life imprisonment,
shall be admitted to bail when
evidence of guilt is strong,
regardless of the stage of the
criminal prosecution.
In an information filed before
the RTC, RP was charged with
violation of PD No. 1866 for
illegal possession of firearms
CRIMINAL PROCEDURE
Primer-Reviewer
punishable
by
reclusion
temporal maximum to reclusion
perpetua. Pending trial, RP was
released on bail. Thereafter, RP
was convicted as charged and
meted an indeterminate penalty
of 17 years, 4 months and 1 day
of reclusion temporal to 21
years of reclusion perpetua. On
appeal, RPs conviction was
affirmed and his bail was
cancelled and RP appealed this
decision and prayed to be
allowed
to
post
bail
for
temporary liberty. Is RP entitled
to bail?
In this case, appellant was
convicted of a crime punishable
by reclusion perpetua. He is
therefore not entitled to bail as
his conviction clearly imports
that the evidence of his guilt is
strong.
Furthermore,
a
summary hearing for his bail
application for the sole purpose
of determining whether or not
evidence
is
strong
is
unnecessary.
The extensive
trial before the lower court and
the appeal before respondent
court are more than sufficient in
accomplishing the purpose for
which a summary hearing for
bail application is designed.
Section 8 Burden of Proof in
Bail Application
At the hearing of an application
for bail filed by a person who is
in custody for the commission of
an offense punishable by death,
reclusion
perpetua,
or
life
imprisonment, the prosecution
has the burden of showing that
evidence of guilt is strong.
The evidence presented during
the bail hearing shall be
considered
automatically
reproduced at the trial but, upon
motion of either party, the court
may recall any witness for
additional examination unless
the latter is dead, outside the
Philippines, or otherwise unable
to testify.
What are the duties of the trial
judge in case an application for
bail is filed?
In case an application for bail is
filed, the trial judge should:
1. Notify the prosecutor of the
hearing or require him to
submit his recommendation;
2. Conduct a hearing;
3. Decide whether the evidence
of guilt is strong based on the
summary of evidence of the
prosecution;
4. If the guilt of the accused is
not strong, discharge the
accused upon the approval of
the bailbond. If the evidence
of guilt is strong, the petition
should be denied.
Evident Proof
Means clear, strong evidence
while leads a well-grounded
dispassionate judgment to the
conclusion that the offense has
been committed as charged,
that the accused is the guilty
agent, and that he will probably
be punished capitally if the law
is administered.
Presumption Great
Exists when the circumstances
testified to are such that the
inference of guilt naturally to be
drawn therefrom is strong, clear,
and convincing to an unbiased
judgment and excludes all
reasonable probability of any
other conclusion.
CRIMINAL PROCEDURE
Primer-Reviewer
Section 9 Amount of Bail;

Guidelines
The judge who issued the
warrant
or
granted
the
application shall fix a reasonable
amount of bail considering
primarily, but not limited to, the
following factors:
1. Financial
ability
of
the
accused to give bail;
2. Nature and circumstances of
the offense;
3. Penalty
for
the
offense
charged;
4. Character and reputation of
the accused;
5. Age and health of the
accused;
6. Weight of the evidence
against the accused;
7. Probability of the accused
appearing at the trial;
8. Forfeiture of other bail;
9. The fact that the accused
was a fugitive from justice
when arrested; and
10.
Pendency
of
other
cases where the accused is
on bail.
Excessive bail shall not be
required.
What happens when the judge
imposes excessive bail?
He may be administratively
sanctioned and fined as the
judge violates the constitutional
right of the accused to bail.
accused if he is denied bail?
He should file a special civil
action in the Court of Appeals
not the Supreme Court, within
60 days.
Section 10 Corporate Surety
Any
domestic
or
foreign
corporation, licensed as a surety
in accordance with law and
currently authorized to act as
such, may provide bail by a
bond subscribed jointly by the
accused and an officer of the
corporation duly authorized by
its board of directors.
Can the court refuse to accept
a corporate surety and require
instead the posting of a cash
bond?
No, the trial court may not reject
otherwise acceptable sureties
and insist that the accused
obtain his provisional liberty
only through a cash bond. The
posting of a cash bond would
entail a transfer of assets into
the possession of the court, and
its procurement could work
untold hardship on the party of
the accused as to have the
effect of altogether denying the
accuseds constitutional right to
bail.
On the other hand, a
surety bond may be obtained by
the accused upon the payment
of a relatively small premium. A
surety or property bond does
not require an actual financial
outlay on the party of the
bondsman or the property
owner. Only the reputation or
credit standing of the bondsman
or the expectancy of the price at
which the property can be sold
is placed in the hands of the
court
to
guarantee
the
production of the body of the
accused
at
the
various
proceedings
leading
to
conviction or acquittal.
Section 11 Property Bond,
How Posted
CRIMINAL PROCEDURE
Primer-Reviewer
A
property
bond
is
an
undertaking constituted as lien
on the real property given as
security for the amount of the
bail. Within 10 days after the
approval of the bond, the
accused
shall
cause
the
annotation of the lien on the
certificate of title on file with the
Registry of Deeds if the land is
registered, or if unregistered, in
the Registration Book on the
space provided therefore, in the
Registry of Deeds for the
province or city where the land
lies, and on the corresponding
tax declaration in the office of
the
provincial,
city
and
municipal assessor concerned.
Within the same period, the
accused shall submit to the
court his compliance and his
failure to do so shall be
sufficient
cause
for
the
cancellation of the property
bond and his re-arrest and
detention.
Section 12 Qualifications of
Sureties in Property Bond
The qualifications of sureties in
a property bond shall be as
follows:
1. Each must be a resident
owner of real estate within
the Philippines;
2. Where there is only one
surety, his real estate must
be worth at least the amount
of the undertaking;
3. If there are two or more
sureties, each may justify in
an amount less than that
expressed in the undertaking
but the aggregate of the
justified
sums
must
be
equivalent to the whole

amount
of
the
bail
demanded.
In all cases, every surety must
be worth the amount specified
in his own undertaking over and
above all just debts, obligations
and properties exempt from
execution.
Section 13 Justification of
Sureties
Every surety shall justify by
affidavits taken before the judge
that
he
possesses
the
qualifications prescribed in the
preceding section.
He shall
describe the property given as
security, stating the nature of
his title, its encumbrances, the
number and amount of other
bails entered into by him and
still undischarged, and his other
liabilities.
The court may
examine the sureties upon oath
concerning their sufficiency in
such manner as it may deem
proper.
No bail shall be
approved unless the surety is
qualified.
What
are
the
minimum
requirements for sureties?
The surety must be a resident
owner of real estate within the
Philippines. If there is only one
surety, his real estate must be
worth the amount of the
undertaking; if there are two or
more sureties, the aggregate of
the sums must be equivalent to
the whole amount of the bail
demanded, and every surety
must be worth the amount
specified in his own undertaking
over and above all just debts,
obligations
and
properties
exempt from execution.
CRIMINAL PROCEDURE
Primer-Reviewer
May the court additionally

require that the surety be a
resident
not
only
of
the
Philippines but of the province?
Yes.
The provision which
requires that the sureties must
be a resident householder or
freeholder within the Philippines
is but a minimum requirement.
And where this requirement
would
not
prejudice
the
petitioner, the judge has the
power to add such requirement.
Section 14 Deposit of Cash as
Bail
The accused or any person
acting in his behalf may deposit
cash with the nearest collector
of internal revenue or provincial,
city, or municipal treasurer the
amount of bail fixed by the
court, or recommended by the
prosecutor who investigated or
filed the case. Upon submission
of a proper certificate of deposit
and a written undertaking
showing compliance with the
requirements of section 2 of this
Rule, the accused shall be
discharged from custody. The
money
deposited
shall
be
considered as bail and applied
to the payment of fine and costs
while the excess, if any, shall be
returned to the accused or to
whoever made the deposit.
Section 15 Recognizance
Whenever allowed by law or
these Rules, the court may
release a person in custody on
his own recognizance or that of
a responsible person.
Section 16 Bail When Not
Required; Reduced Bail of
Recognizance
No bail shall be required when

the law or these Rules so
provide.
When a person has been in
custody for a period equal to or
more
than
the
possible
maximum
imprisonment
prescribed
for
the offense
charged, he shall be released
immediately, without prejudice
to the continuation of the trial or
the proceedings on appeal. If
the maximum penalty to which
the accused may be sentenced
is destierro, he shall be
released after 30 days of
preventive imprisonment.
A person in custody for a period
equal to or more than the
minimum
of
the
principal
penalty prescribed for the
offense
charged,
without
application of the Indeterminate
Sentence Law or any modifying
circumstance, shall be released
on a reduced bail or on his own
recognizance, at the discretion
of the court.
Section 17 Bail, Where Filed
GEN. RULE: Bail may be filed
with the court where the case is
pending. In the absence of the
judge thereof, bail may be filed
with any RTC or MTC judge in
the
province,
city
or
municipality. If the accused is
arrested in a province, city, or
municipality other than where
the case is pending, bail may
also be filed with any RTC of said
place, or if no judge is available,
with any MTC judge therein.
EXCEPTION: Where bail is a
matter of discretion or where
the accused seeks to be
released on recognizance, bail
CRIMINAL PROCEDURE
Primer-Reviewer
may only be filed in the court

where the case is pending.
Any person in custody who is
not yet charged may apply for
bail with any court in the
province, city, or municipality
where he is held.
Section
18
Notice
of
Application to Prosecutor
In the application for bail under
section 8 of this Rule, the court
must give reasonable notice of
the hearing to the prosecutor or
require him to submit his
recommendation.
Why is notice to the prosecutor
required?
Such
notice
is
necessary
because the burden of showing
that the evidence of guilt is
strong is on the prosecution.
Section 19 Release on Bail
The
accused
must
be
discharged upon approval of the
bail by the judge with whom it
was filed in accordance with
section 17 of this Rule.
When bail is filed with a court
other than where the case is
pending,
the
judge
who
accepted the bail shall forward
it, together with the order of
release and other supporting
papers, to the court where the
case is pending, which may, for
good reason, require a different
one to be filed.
Section 20 Increase or Reduction
of Bail


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CRIMINAL PROCEDURE

R.A. No. 6981, the Witness

1. The Inquisitorial System in

the complaint or information is

How are the rules of criminal

May the rules on Criminal

CARMELITA MHAY BINUYA-JUANZON

Requisites for a Valid Exercise

determined by the penalty that

law in force at the time of the

Actions for annulment of

Criminal cases filed pursuant

REGIONAL TRIAL COURT

all cases decided by the MTC

information was incomplete.

Which court has jurisdiction

No. X cannot invoke the lack of

Is the presence of the accused

MTC or the complaint with

or settlement was reached

of the nature and cause of the

GEN. RULE: Public interest

Section 4 Information Defined

ceases upon actual intervention

If the prosecutor thinks after

2. The court must await the

appears in some other manner

CARMELITA MHAY BINUYA-JUANZON

X was charged with rape of a

in the complaint even if the

No. Aggravating circumstances

CARMELITA MHAY BINUYA-JUANZON

Section 12 Name of the

crime, said crime is deemed

CARMELITA MHAY BINUYA-JUANZON

AFTER PLEA, only formal

Can the offended party file a

The only limitation is that the

If the offended party seeks to

cannot be instituted until final

twice from the same act. He

Independent civil action may be

same act or omission subject of

What is the rationale behind

CARMELITA MHAY BINUYA-JUANZON

a fairly summary proceeding

his witness during preliminary

shall be accompanied by the

there is probable cause to hold a

4. That he was given an

CARMELITA MHAY BINUYA-JUANZON

shall direct the prosecutor

BY THE RTC within ten (10)

the arrest of a person or persons

3. File a petition for review;

CARMELITA MHAY BINUYA-JUANZON

itself does not and may not pass

conducted in accordance with