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CRIMINAL PROCEDURE

ARTHUR P. AUTEA

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General Matters

1. Concept of Criminal Procedure

1.1. Provides or regulates the steps by

which one who commits a crime is to be
punished.

[Bustos v. Lucero, 81 Phil. 640, 649-652 (1948)]

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1.2. As a general rule, a court proceeding in our judicial

set-up is accusatorial or adversarial and not inquisitorial in
nature. It contemplates two contending parties before the
court, which hears them impartially and renders judgment
only after trial. This basic philosophy would be violated if a
judge were permitted to act as inquisitor, pursue his own
independent investigation, arrive at a conclusion ex-parte,
and then summon the party affected so as to enable him, if
that were still possible, to show that the conclusion thus
arrived at is without justification.
[Queto v. Catolico, 31 SCRA 52, 58 (1970)]

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General Matters

2. Requisites for the exercise of Criminal

Jurisdiction

(a) The offense is one which the court is by law

authorized to take cognizance of (Jurisdiction over
the Subject Matter);

(b) The offense must have been committed within the

territorial jurisdiction (Jurisdiction over the
Territory); and

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General Matters

(c) The person charged with the offense

must have been brought into its forum for
trial, forcibly or by warrant of arrest or upon
his voluntary submission to the court
(Jurisdiction over the Person of the
Accused).

Arula v. Espino, 28 SCRA 540, 592-593, (1969)

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General Matters

3. Jurisdiction over the Subject Matter

3.1. The authority to hear and try a particular

offense and impose the punishment for it or that
the offense is one which the court is, by law,
authorized to take cognizance of.

[Antiporda, Jr. v. Garchitorena, 321 SCRA 551, 558 (1999)]

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General Matters

3.2. Jurisdiction over the subject matter is

conferred by law.
[Magno v. People, 647 SCRA 362, 371 (2011)]

- Not conferred by the consent or acquiescence of

any or all of the parties.
[Cojuangco, Jr. v. Republic, 686 SCRA 472, 505
(2012)]

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General Matters

- It cannot be acquired through a waiver or

enlarged by the omission of the parties or
conferred by the acquiescence of the court.
[Republic v. Bantigue Point Development Corporation, 668
SCRA 158 (2012)]

- It cannot be conferred by an erroneous belief of

the court that it had jurisdiction over a case.
[Regalado v. De La Pena, 848 SCRA 543 (2017)]

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General Matters

3.3. Jurisdiction of the court in criminal

cases is determined by the allegations of the
complaint or information and not by the
findings based on the evidence of the court
after trial.

[Mobilia Products v. Umezawa, 452 SCRA 736,

761-762 (2005)]

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General Matters
- Not determined by the evidence presented by the
parties at the trial [Adaza v. Sandiganbayan, 502 Phil.
702 (2005)] nor by the defenses set up in the answer
or upon the motion to dismiss. [Rapsing v. Ables, 684
SCRA 195, 200 (2012)]

- Not determined by what may be meted out to the

offender after the trial, but by the extent of the
penalty which the law imposes.
[People v. Purisima, 69 SCRA 341, 347 (1976)]

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General Matters

3.4. Subject matter jurisdiction of a court in

criminal law matters is properly measured by the
law in effect at the time of the commencement of
a criminal action, rather than by the law in effect
at the time of the commission of the offense
charged.
[People v. Lagon, 185 SCRA 442, 446 (1990)]

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General Matters

3.5. Objection based on the ground that the

court lacks jurisdiction over the offense
charged may be raised or considered motu
proprio by the court at any stage of the
proceedings or on appeal.
[Fukuzume v. People, 474 SCRA 570, 583 (2005)]

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General Matters
- A party cannot invoke the jurisdiction of a court to secure
affirmative relief against his opponent and, after obtaining
or failing to obtain such relief, repudiate or question that
same jurisdiction. The question whether the court had
jurisdiction either of the subject matter of the action or of
the parties was not important in such cases because the
party is barred from such conduct not because the
judgment or order of the court is valid and conclusive as an
adjudication, but for the reason that such a practice cannot
be tolerated — obviously for reasons of public policy.

[Tijam v. Sibonghanoy, 23 SCRA 29 (1968)]

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General Matters

4. Jurisdiction over the Territory

4.1. Venue is jurisdictional in criminal cases. The place
where the crime was committed determines not only the
venue of the action but is an essential element of
jurisdiction. It is a fundamental rule that for jurisdiction to
be acquired by courts in criminal cases, the offense should
have been committed or any one of its essential
ingredients should have taken place within the territorial
jurisdiction of the court.
[Treñas v. People, 664 SCRA 355, 366 (2012)]

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General Matters

5. Jurisdiction over the Person of the

Accused

5.1. Jurisdiction over the person of the accused is

acquired upon (1) his arrest or apprehension, with
or without a warrant, or (2) his voluntary
appearance or submission to the jurisdiction of the
court.
[Inocentes v. People, 789 Phil. 318, 326 (2016)]

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General Matters
- As a rule, one who seeks an affirmative
relief is deemed to have submitted to the
jurisdiction of the court.

[Jimenez v. Sorongon, 687 SCRA 151, 161 (2012)]

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General Matters
- The voluntary appearance of the accused, whereby the
court acquires jurisdiction over his person, is accomplished
either by his pleading to the merits (such as by filing a
motion to quash or other pleadings requiring the exercise
of the court's jurisdiction thereover, appearing for
arraignment, entering trial) or by filing bail [Santiago v.
Vasquez, 217 SCRA 633, 643 (1993)], entering into a
counsel-assisted plea, actively participating in the trial,
presenting evidence for the defense [People v. Rivera, 597
SCRA 299, 2009], or by filing a motion for determination of
probable cause. [David v. Agbay, 753 SCRA 526 (2015)]

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General Matters

5.2. Making a special appearance in court to question the

jurisdiction of the court over the person of the accused is not a
voluntary appearance, as when, in a criminal case, a motion to
quash is filed precisely on that ground. There is, likewise, no
submission to the jurisdiction of the court when the accused files
a motion to quash the warrant of arrest because it is the very
legality of the court process forcing the submission of the person
of the accused that is the very issue in a motion to quash the
information or the warrant of arrest.

[Miranda v. Tuliao, 486 SCRA 377, 390 (2006)]

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General Matters

6. Criminal Jurisdiction of Courts

6.1. Municipal Trial Court, Municipal Circuit Trial
Court, Metropolitan Trial Court
6.1.1. Exclusive original jurisdiction over all
violations of city or municipal ordinances
committed within their respective territorial
jurisdiction.
[Sec. 32(1), B.P. 129 as amended by R.A. 7691]

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General Matters

6.1.2. Exclusive original jurisdiction over all offenses

punishable with imprisonment not exceeding six (6)
years irrespective of the amount of fine, and
regardless of other imposable or accessory penalties,
including the civil liability arising from such offenses
irrespective of kind, nature, value or amount, except in
cases falling within the exclusive jurisdiction of the
Regional trial Court and of the Sandiganbayan.
[Sec. 32(2), B.P. 129 as amended by R.A. 7691]

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General Matters

6.1.3. Exclusive original jurisdiction over offenses

involving damage to property through criminal
negligence
[Sec. 32(2), B.P. 129 as amended by R.A. 7691]

6.1.4. Special jurisdiction to decide on applications for

bail in criminal cases in the absence of all RTC judges
in a province or city
[Sec. 35, B.P. 129 as amended by R.A. 7691]

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General Matters

6.1.5. Cases falling under summary procedure

committed within their jurisdiction:
(a) Violations of traffic laws, rules and regulations;
(b) Violations of the rental law;
(c) B.P. 22 cases;
(d) Violations of municipal or city ordinances;

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General Matters

(e) All other criminal cases where the penalty prescribed by

law for the offense charged is imprisonment not exceeding
six (6) months, or a fine not exceeding one thousand pesos
(P1,000.00), or both, irrespective of other imposable
penalties, accessory or otherwise, or of the civil liability
arising therefrom; and

(f) Offenses involving damage to property through criminal

negligence where the imposable fine does not exceed ten
thousand pesos (P10,000.00)
[Sec. 1(B), The 1991 Rule on Summary Procedure]

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General Matters

6.2. Regional Trial Court

6.2.1. Exclusive original jurisdiction in all criminal

cases not within the exclusive jurisdiction of any
court, tribunal or body, except those now falling
under the exclusive and concurrent jurisdiction of
the Sandiganbayan which shall be exclusively
taken cognizance of by the latter
[Sec. 20, B.P. 129, as amended by R.A. 7691]

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General Matters

6.2.2. Original jurisdiction in the issuance of writs of

certiorari, prohibition, mandamus, quo warranto,
habeas corpus and injunction enforceable in any part
of their respective regions.
[Sec. 21(1), B.P. 129, as amended by R.A. 7691]

6.2.3. Appellate jurisdiction over all cases decided by

the MTC in their respective territorial jurisdictions.
[Sec. 22, B.P. 129, as amended by R.A. 7691]

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General Matters

6.2.4. Special jurisdiction of certain branches to

handle exclusively criminal cases as the Supreme
Court may determine in the interest of a speedy
and efficient administration of justice.
[Sec. 23, B.P. 129, as amended by R.A. 7691]

6.2.5. Jurisdiction over criminal and civil aspects of

written defamation.
[Art. 360, Revised Penal Code]

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General Matters

6.2.6. Jurisdiction over cases of violation of the Comprehensive

Dangerous Drugs Act of 2002. [Sec. 90, R.A. 9165]

6.2.7. Jurisdiction over violations of intellectual property rights.

[A.M. No. 03-03-03-SC, Effective July 1, 2003 implementing the
Intellectual Property Code of the Philippines (R.A. 8293)]

6.2.8. Jurisdiction over money laundering cases, except those

committed by public officers and private persons, who are in
conspiracy with such public officers, which shall be under the
jurisdiction of the Sandiganbayan.
[Sec. 5, R.A. 9160, Anti-Money Laundering Act of 2001]

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General Matters
6.3. Sandiganbayan
6.3.1. Violations of R.A. 3019, as amended, otherwise known as
the Anti-Graft and Corrupt Practices Act, and R.A. 1379
otherwise known as An Act Declaring Forfeiture in Favor of the
State of Any Property Found to Have Been Unlawfully Acquired
by Any Public Officer or Employee, and Chapter II, Section 2,
Title VII, Book II of the Revised Penal Code (bribery and
corruption offenses), 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.
[Sec. 4(a), P.D. 1606, as amended by R.A. 7975 and R.A. 8249]

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General Matters

6.3.2. Other offenses or felonies whether simple or

complexed with other crimes committed by the public
officials and employees mentioned in Sec. 4(a), P.D. 1606,
as amended, in relation to their office.
[Sec. 4(b), P.D. 1606, as amended by R.A. 7975 and R.A. 8249]

6.3.3. Criminal cases filed pursuant to and in connection

with E.O. Nos. 1, 2, 14, and 14-A, issued in 1986.
[Sec. 4(c), P.D. 1606, as amended by R.A. 7975 and R.A. 8249].
The Executive Orders refer to orders on sequestration cases.

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General Matters

6.3.4. Money laundering cases committed by public officers

and private persons, who are in conspiracy with such public
officers, shall be under the jurisdiction of the
Sandiganbayan.
[Sec. 5, R.A. 9160, Anti-Money Laundering Act of 2001]

6.3.5. Prosecutions under the Plunder Law shall be within

the original jurisdiction of the Sandiganbayan.
[Sec. 3, R.A. 7080, An Act Defining and Penalizing the Crime of
Plunder]

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General Matters
6.3.6. In cases where none of the accused are
occupying positions corresponding to salary grade
‘27’ or higher, exclusive original jurisdiction thereof
shall be vested in the proper regional trial court,
metropolitan trial court, municipal trial court and
municipal circuit trial court, as the case may be,
pursuant to their respective jurisdiction as
provided in B.P. 129, as amended.
[Sec. 4, P.D. 1606, as amended by R.A. 7975 and R.A.
8249]

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General Matters

6.3.7. Exclusive appellate jurisdiction over

final judgments, resolutions or orders of
regional trial courts whether in the exercise
of their own original jurisdiction or their
appellate jurisdiction.
[Sec. 4, P.D. 1606, as amended by R.A. 7975 and
R.A. 8249]

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General Matters

6.3.8. Exclusive original jurisdiction over petitions

for the issuance of the writs of mandamus,
prohibition, certiorari, habeas corpus, injunctions,
and other ancillary writs and processes 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 under
E.O. 1, 2, 14 and 14-A, issued in 1986; Provided,
That the jurisdiction over these petitions shall not
be exclusive of the Supreme Court.
[Sec. 4, P.D. 1606, as amended by R.A. 7975 and R.A.
8249]
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General Matters

6.4. Court of Appeals

6.4.1. Original jurisdiction to issue writs of mandamus,
prohibition, certiorari, habeas corpus, and quo
warranto, and auxiliary writs or processes, whether or
not in aid of its appellate jurisdiction.
[Sec. 9(1), B.P. 129, as amended]

6.4.2. Exclusive original jurisdiction over actions for

annulment of judgments of Regional Trial Courts.
[Sec. 9(2), B.P. 129, as amended]

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General Matters

6.4.3. Exclusive appellate jurisdiction over all final

judgments, decisions, resolutions, orders or
awards of Regional Trial Courts, except those
falling within the appellate jurisdiction of the
Supreme Court.
[Sec. 9(3), B.P. 129, as amended] or the
Sandiganbayan. [Sec. 4, P.D. 1606, as amended by
R.A. 7975 and R.A. 8249]

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General Matters

6.4.4. Appellate jurisdiction where the penalty

imposed by the Regional Trial Court is reclusion
perpetua or life imprisonment, or where a lesser
penalty is imposed but for offenses committed on
the same occasion or which arose out of the same
occurrence that gave rise to the more serious
offense for which the penalty of death, reclusion
perpetua, or life imprisonment is imposed.
[Sec. 3(c), Rule 122, Rules of Court]

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General Matters

6.4.5. Automatic review in cases where the

Regional Trial Court imposed the death penalty.
[Sec. 3(d), Rule 122, Rules of Court]
6.5. Supreme Court
6.5.1. Appellate jurisdiction over cases decided by
the Court of Appeals or Regional Trial Court.
[Sec. 2(b)(c), Rule 122, Rules of Court; Sec. 13(c) and
Sec. 18, Rule 124, Rules of Court; Sec. 2, Rule 125,
Rules of Court]
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Prosecution of Offenses
(Rule 110)
1. Role of Private Offended Party

1.1. The private offended party is regarded

merely as a witness for the state.

[Beams Philippine Export Corp. v. Castillo, 775

SCRA 489 (2015)]

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Prosecution of Offenses
(Rule 110)
1.2. In criminal cases where the offended
party is the State, the interest of the private
complainant or the private offended party is
limited to the civil liability, thus, in the
prosecution of the offense, the
complainant’s role is limited to that of a
witness for the prosecution.
[People v. Santiago, 174 SCRA 143, 152 (1989)]

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Prosecution of Offenses
(Rule 110)
2. Institution of Criminal Actions

2.1. Where a preliminary investigation is required

pursuant to Section 1 of Rule 112, the criminal
action shall be instituted by filing the complaint
with the proper officer for the purpose of
conducting the requisite preliminary investigation.
[Sec. 1(a), Rule 110, The Revised Rules of Criminal
Procedure]

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Prosecution of Offenses
(Rule 110)
2.2. If preliminary investigation is not required, either by
filing the complaint or information directly with the
Municipal trial Courts and Municipal Circuit Trial Courts, or
the complaint with the office of the prosecutor. In Manila
and other chartered cities, the complaint shall be filed with
the office of the prosecutor unless otherwise provided in
their charters.
[Sec. 1(b), Rule 110, The Revised Rules of Criminal Procedure]
2.3. The institution of the criminal action shall interrupt the
period of prescription of the offense charged unless
otherwise provided in special laws.
[Sec. 1, Rule 110, The Revised Rules of Criminal Procedure]

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Prosecution of Offenses
(Rule 110)
3. Who must Prosecute
3.1. All criminal actions shall be prosecuted under the
direction and control of the prosecutor.
[Sec. 5, Rule 110, The Revised Rules of Criminal Procedure]

3.1.1. Rationale: Since a criminal offense is an outrage

against the sovereignty of the State, it necessarily follows
that a representative of the State shall direct and control
the prosecution thereof.
[Chua v. Padillo, 522 SCRA 60, 66 (2007)]

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Prosecution of Offenses
(Rule 110)
3.1.2. In criminal actions before the Municipal Trial
Court or in a Municipal Circuit Trial Court, when
the prosecutor assigned thereto or to the case is
not available, the (a) offended party, (b) any
peace officer, or (c) public officer charged with the
enforcement of the law violated may prosecute the
case.
[OCA Circular No. 39-2002, 21 August 2002]

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Prosecution of Offenses
(Rule 110)
3.2. The public prosecutor may turn over the actual
prosecution of the criminal case to the private
prosecutor, in the exercise of his discretion, but he may,
at any time, take over the actual conduct of the trial.
[People v. Tan, 549 SCRA 489, 498-499 (2008)]

3.3. The prosecution of complaints for violation of

special laws shall be governed by the provisions thereof.
[Sec. 5, Rule 110, The Revised Rules of Criminal Procedure]

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Prosecution of Offenses
(Rule 110)
3.4. The private prosecutor may be authorized in
writing by the Chief of the Prosecution Office or
the Regional State Prosecution to prosecute the
case subject to the approval of the Court, in case
of heavy work schedule or in the event of lack of
public prosecutors.
[Sec. 5, Rule 110, The Revised Rules of Criminal
Procedure]

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Prosecution of Offenses
(Rule 110)
3.5. If there is a dismissal of a criminal case by the trial
court or if there is an acquittal of the accused, it is only the
Office of the Solicitor General (OSG), as the appellate
counsel of the People of the Philippines, that may bring an
appeal before the Court of Appeals or Supreme Court on
the criminal aspect representing the People.

3.5.1. Rationale: The People are deemed the real parties in

interest in the criminal case and not the private
complainant who is a mere complaining witness.
[People v. Piccio, 732 SCRA 254 (2014)]

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Prosecution of Offenses
(Rule 110)
3.5.2. Exception: In all cases elevated to the
Sandiganbayan and from the Sandiganbayan to
the Supreme Court, the Office of the Ombudsman,
through its special prosecutor, shall represent the
People of the Philippines, except in cases filed
pursuant to E.O. 1, 2, 14 and 14-A, issued in 1986.

[R.A. 8249; People v. Sandiganbayan, 712 SCRA 359, 403

(2013)]

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Prosecution of Offenses
(Rule 110)
4. Intervention of the Offended Party in the Prosecution
4.1. Where the civil action for recovery of civil liability is
instituted in the criminal action pursuant to Rule 111, the
offended party may intervene by counsel in the prosecution of
the offense [Sec. 16, Rule 110, The Revised Rules of Criminal
Procedure]. Hence, the offended party may not intervene in the
prosecution of the offense through a private prosecutor if the
offended party (a) waives the civil action, (b) reserves the right
to institute it separately, or (c) institutes the civil action prior to
the criminal liability.

[Villalon v. Chan, 736 SCRA 450, 458-459 (2014)]

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Prosecution of Offenses
(Rule 110)
4.1.1. In case of institution of independent civil
actions, as one of the direct consequences of the
independent character of actions brought under Arts.
32, 33, 34 and 2176 of the Civil Code, the ex delicto
civil liability in the criminal prosecution remains, and
the offended party may, subject to the control of the
prosecutor, still intervene in the criminal action, in
order to protect the remaining civil interest therein.
[Philippine Rabbit Bus Lines v. People, 427 SCRA 456, 471
(2004)]

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Prosecution of Offenses
(Rule 110)
5. Prosecution of Private Crimes

5.1. The crimes of adultery and concubinage shall

not be prosecuted except upon a complaint filed
by the offended spouse. The offended party
cannot institute criminal prosecution without
including the guilty parties, if both are alive, nor,
in any case, if the offended party has consented to
the offense or pardoned the offenders.

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Prosecution of Offenses
(Rule 110)
The offenses of seduction, abduction, and acts of
lasciviousness shall not be prosecuted except upon
a complaint filed by the offended party or her
parents, grandparents, or guardian, nor, in any
case, if the offender has been expressly pardoned
by any of them. If the offended party dies or
becomes incapacitated before she can file the
complaint, and she has no known parents,
grandparents or guardian, the State shall initiate
the criminal action in her behalf.

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Prosecution of Offenses
(Rule 110)
The offended party, even if a minor, has the right to initiate
the prosecution of the offenses of seduction, abduction and
acts of lasciviousness independently of her parents,
grandparents or guardian, unless she is incompetent or
incapable of doing so. Where the offended party, who is a
minor, fails to file the complaint, her parents,
grandparents, or guardian may file the same. The right to
file the action granted to parents, grandparents or guardian
shall be exclusive of all other persons and shall be
exercised successively in the order herein provided, except
as stated in the preceding paragraph.

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Prosecution of Offenses
(Rule 110)
No criminal action for defamation which
consists in the imputation of any of the
offenses mentioned above shall be brought
except at the instance of and upon
complaint filed by the offended party.
[Sec. 5, Rule 110, The Revised Rules of Criminal
Procedure]

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Prosecution of Offenses
(Rule 110)
6. Sufficiency of Complaint or Information

6.1. A complaint or information is sufficient if it states:

- The name of the accused;
- The designation of the offense given by the statute;
- The acts or omissions complained of as constituting
the offense;
- The name of the offended party;

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Prosecution of Offenses
(Rule 110)
- The approximate date of the commission of the
offense; and
- The place wherein the offense was committed.
When an offense is committed by more than one
person, all of them shall be included in the
complaint or information.
[Sec. 6, Rule 110, The Revised Rules of Criminal
Procedure]

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Prosecution of Offenses
(Rule 110)
6.2. The test for sufficiency of the complaint or
information is whether the crime is described in
intelligible terms with such particularity as to
apprise the accused, with reasonable certainty, of
the offense charged. The raison d'etre of the rule
is to enable the accused to suitably prepare his
defense.

[Miguel v. Sandiganbayan, 675 SCRA 560 (2012)]

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Prosecution of Offenses
(Rule 110)
6.3. Objections relating to the form of the complaint or
information cannot be made for the first time on
appeal. The accused should move before arraignment
either for a bill of particulars or for the quashal of the
information [People v. Teodoro, 607 SCRA 307, 321-322
(2009)]. Failure to object to the alleged defect before
entering plea amounts to a waiver of the defect.
[People v. Mamaruncas, 664 SCRA 182, 197-198 (2012)]

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Prosecution of Offenses
(Rule 110)
6.4. It is not necessary to state in the complaint or
information the precise date the offense was
committed except when it 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 commission.
[Sec. 11, Rule 110, The Revised Rules of Criminal
Procedure]

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Prosecution of Offenses
(Rule 110)
6.5. Positive identification pertains essentially to proof of identity
and not necessarily to the name of the assailant. A mistake in
the name of the accused is not equivalent, and does not
necessarily amount to, a mistake in the identity of the accused
especially when sufficient evidence is adduced to show that the
accused is pointed to as one of the perpetrators of the crime.
[People v. Amodia, 584 SCRA 518, 535 (2009)]
What matters in the conviction of a person of a particular crime
is his identification as the person who committed the crime, not
the name under which he is arrested or complained against.
[People v. Bonito, 342 SCRA 405, 429 (2000)]

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Prosecution of Offenses
(Rule 110)
6.6. The complaint or information shall
specify the qualifying and aggravating
circumstances attending the commission of
the crime.
[Secs. 8 and 9, Rule 110, The Revised Rules of
Criminal Procedure; People v. Vidaña, 708 SCRA
592, 605 (2013)]

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Prosecution of Offenses
(Rule 110)
6.6.1. The failure to state an
aggravating/qualifying circumstance, even if
duly proven at the trial, will not be
appreciated as such.

[People v. Feliciano, Jr., 734 Phil. 499 (2014)]

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Prosecution of Offenses
(Rule 110)
6.7. The acts or omissions complained of must be
alleged in such form as is sufficient to enable a
person of common understanding to know what
offense is intended to be charged and enable the
court to know the proper judgment. The
information must allege clearly and accurately the
elements of the crime charged.

[Serapio v. Sandiganbayan, 396 SCRA 443, 459-460

(2003)]

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Prosecution of Offenses
(Rule 110)
6.8. A complaint or information must charge only
one offense.
[Sec. 13, Rule 110, The Revised Rules of Criminal
Procedure]

6.8.1. Exception: When the law prescribes a single

punishment for various offenses.
[Sec. 13, Rule 110, The Revised Rules of Criminal
Procedure]

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Prosecution of Offenses
(Rule 110)
6.8.2. Rationale: To give the accused the
necessary knowledge of the charge against
him and enable him to sufficiently prepare
for his defense.

[People of the Philippines and AAA v. Court of

Appeals, 21st Division, Mindanao Station, et al.,
751 SCRA 675 (2015)]

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Prosecution of Offenses
(Rule 110)
6.8.3. Duplicity of the offense is a ground for a motion
to quash.
[Sec. 3(f), Rule 117, The Revised Rules of Criminal
Procedure]
6.8.3.1. An objection must be timely interposed by the
accused before he enters his plea, otherwise, the
defect is deemed waived.
[People of the Philippines and AAA v. Court of Appeals,
21st Division, Mindanao Station, et al., 751 SCRA 675
(2015)]

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Prosecution of Offenses
(Rule 110)
6.9. The criminal action shall be instituted
and tried in the court of the municipality or
territory (a) where the offense was
committed, or (b) where any of its essential
ingredients occurred.
[Sec. 15(a), Rule 110, The Revised Rules of
Criminal Procedure]

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Prosecution of Offenses
(Rule 110)
6.9.1. Exceptions:

(a) Extraterritoriality Principle. Offense shall be cognizable

by the court where the criminal action is first file.
[Art. 2, Revised Penal Code; Sec. 15(d), Rule 110, The Revised
Rules of Criminal Procedure]

(b) When the Supreme Court orders a change of venue to

avoid miscarriage of justice.
[Sec. 5(4), Art. VIII, 1987 Constitution of the Philippines]

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Prosecution of Offenses
(Rule 110)
(c) Offense is committed in a train, aircraft, or
other public or private vehicle in the course of its
trip. The criminal action may be instituted in the
court of any municipality or territory where said
train, aircraft, or vehicle passed during its trip,
including place of departure and arrival.
[Sec. 15(b), Rule 110, The Revised Rules of Criminal
Procedure]

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Prosecution of Offenses
(Rule 110)
(d) Offense is committed on board a vessel
in the course of its voyage. The criminal
action may be instituted in the court of the
first port of entry, or in the court of the
municipality or territory where the vessel
passed during the voyage.
[Sec. 15(c), Rule 110, The Revised Rules of
Criminal Procedure]

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Prosecution of Offenses
(Rule 110)
(e) Case is cognizable by the Sandiganbayan. Criminal
action may be instituted where the Court actually sits. Also,
when the greater convenience of the accused and of the
witnesses, or other compelling considerations so require, a
case originating from one geographical region may be
heard in another geographical region. For this purpose, the
presiding justice shall authorize any divisions of the court
to hold sessions at any time and place outside Metro Manila
and, where the interest of justice so requires, outside the
territorial boundaries of the Philippines.
(Sec. 2, R.A. 8249]

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Prosecution of Offenses
(Rule 110)
(f) Offense is written defamation.
[Art. 360, Revised Penal Code; Agbayani v. Sayo, 89 SCRA 699,
705 (1979); Foz, Jr. v. People, 603 SCRA 124, 135-136 (2009)]

(g) Perjury. Venue is where the affiant subscribes and

swears to his affidavit, or where the testimony under oath
is given, or at the place where the sworn statement is
submitted or where the oath was taken, as the case may
be.
[Union Bank of the Philippines v. People, 667 SCRA 113, 134
(2012)]

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Prosecution of Offenses
(Rule 110)
(h) Illegal recruitment. Venue is not only in the
Regional Trial Court of the province or city where
the offense was committed, but also where the
offended party actually resides at the time of the
commission of the offense.

[Sec. 9, R.A. 8042 or the Migrant Workers and Overseas

Filipinos Act of 1995; Sto. Tomas v. Salac, 685 SCRA 245,
258-259 (2012)]

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Prosecution of Offenses
(Rule 110)
(i) Transitory or continuing crimes

1. Violations of B.P. 22. The action can be

filed in any of the places where the check
was drawn, issued, delivered or
dishonoured.

[Rigor v. People, 442 SCRA 450, 464 (2004)]

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Prosecution of Offenses
(Rule 110)
2. Estafa by postdating or issuing a bad check. Its
basic elements of deceit and damage may arise
independently in separate places.
[People v. Grospe, 157 SCRA 154, 162 (1988)]

3. Malversation, abduction, kidnapping, illegal

detention, evasion of service of sentence.
[Parulan v. Director of Prisons, 22 SCRA 638, 640-641
(1968)]

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Prosecution of Offenses
(Rule 110)
6.10. Venue in criminal case is a jurisdictional matter

6.10.1. Principle: To ensure that the defendant is not

compelled to move to, and appear in, a different court
from that of the province where the crime was
committed as it would cause him great inconvenience
in looking for his witnesses and other evidence in
another place.

[Treñas v. People, 664 SCRA 355, 664 (2012)]

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Prosecution of Offenses
(Rule 110)
7. Amendment or Substitution of the
Complaint or Information

7.1. A complaint or information may be amended,

in form or in substance, without leave of court, at
any time before the accused enters his plea.
[Sec. 14, Rule 110, The Revised Rules of Criminal
Procedure]

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Prosecution of Offenses
(Rule 110)
7.1.1. Exception: Any amendment before plea
which (a) downgrades the nature of the offense
charged or (b) excludes any accused from the
complaint or information can be made only upon
motion by the prosecutor with notice to the
offended party and with leave of court
[Sec. 14, Rule 110, The Revised Rules of Criminal
Procedure]

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Prosecution of Offenses
(Rule 110)
7.2. After the plea and during the trial, a formal
amendment may only be made with leave of court and
when it can be done without causing prejudice to the rights
of the accused [Sec. 14, Rule 110, The Revised Rules of
Criminal Procedure]

7.2.1. After the entry of plea, only a formal amendment

may be made. After arraignment, a substantial amendment
is proscribed except if the same is beneficial to the accused
Fronda-Baggao v. People, 539 SCRA 531, 535 (2007)

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Prosecution of Offenses
(Rule 110)
7.3. Amendment to an information which
does not change the nature of the crime
alleged therein, does not affect the essence
of the offense, cause surprise, or deprive
the accused of an opportunity to meet the
new averment had each been held to be
one of form.

[Ricarze v. Court of Appeals, 515 SCRA 302, 315

(2007)]

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Prosecution of Offenses
(Rule 110)
7.4. The test as to when the rights of an accused are
prejudiced by the amendment of a complaint or
information is when a defense under the complaint or
information, as it originally stood, would no longer be
available after the amendment is made, when any
evidence the accused might have would no longer be
available after the amendment is made, and when any
evidence the accused might have would be
inapplicable to the complaint or information, as
amended.

[Kummer v. People, 705 SCRA 490, 507-508 (2013)]

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Prosecution of Offenses
(Rule 110)
7.5. If it appears at any time before judgment that
a mistake has been made in charging the proper
offense, the court shall dismiss the original
complaint or information upon filing of a new one
charging the proper offense in accordance with
Section 19, Rule 119, provided the accused would
not be placed in double jeopardy.
[Sec. 14, Rule 110, The Revised Rules of Criminal
Procedure]

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Prosecution of Offenses
(Rule 110)
7.5.1. Section 19, Rule 119 provides that when it
becomes manifest at any time before judgment
that a mistake has been made in charging the
proper offense and the accused cannot be
convicted of the offense charged or any other
offense necessarily included therein, the accused
shall not be discharged if there appears good
cause to detain him. The court shall commit the
accused to answer for the proper offense and
dismiss the original case upon the filing of the
proper information.

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Prosecution of Civil Action

(Rule 111)
1. Implied Institution of the Civil Action

1.1. When a criminal action is instituted, the

civil action for the recovery of civil liability
arising from the offense charged shall be
deemed instituted with the criminal action.
[Sec. 1(a), Rule 111, The Revised Rules of
Criminal Procedure]

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Prosecution of Civil Action

(Rule 111)
1.1.1. Exception: When the offended party
(a) waives the civil action, (b) reserves the
right to institute it separately, or (c)
institutes the civil action prior to the criminal
action.
[Sec. 1(a), Rule 111, The Revised Rules of
Criminal Procedure]

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Prosecution of Civil Action

(Rule 111)
1.2. When the accused in a criminal case is acquitted
on the ground that his guilt has not been proved
beyond reasonable doubt, a civil action for damages
for the same act or omission may still be instituted
against him, and only a preponderance of evidence is
required to hold the accused liable. The civil liability is
not extinguished by acquittal of the accused, where
the acquittal is based on reasonable doubt.

[Bonite v. Zosa, 162 SCRA 173 (1988)]

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Prosecution of Civil Action

(Rule 111)
1.3. The real parties in interest in the civil aspect
of a decision are the offended party and the
accused. Hence, either the offended party or the
accused may appeal the civil aspect of the
judgment. The public prosecutor generally has no
interest in appealing the civil aspect of a decision
acquitting the accused.
[Hun Hyung Park v. Eun Wong Choi, 515 SCRA 502,
512 (2007)]

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Prosecution of Civil Action

(Rule 111)
2. Independent Civil Liability
2.1. A single act or omission that causes damage to an
offended party may give rise to two separate civil liabilities
on the part of the offender: (1) civil liability ex delicto, that
is, civil liability arising from the criminal offense under Art.
100 of the Revised Penal Code, and (2) independent civil
liability, that is, civil liability separate from the criminal
action and may be pursued independently of the criminal
proceedings.
[Lim v. Kou Co Ping, 679 SCRA 114, 127-128 (2012)]

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Prosecution of Civil Action

(Rule 111)
2.1.1. Civil actions arising from Arts. 2176,
32, 33 and 34 of the Civil Code may be filed
independently and separately from the
criminal action because they do not arise
from the offense charged. However, the law
and rules proscribe double recovery.
[Art. 2177, Civil Code; Sec. 3, Rule 111, The
Revised Rules of Criminal Procedure]

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Prosecution of Civil Action

(Rule 111)
2.1.2. Independent civil action in Articles 32,
33, 34 and 2176 of the Civil Code is not
deemed instituted with the criminal action
but may be filed separately by the offended
party even without reservation.

[Casupanan v. Laroya, 388 SCRA 28, 37 (2002)]

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Prosecution of Civil Action

(Rule 111)
3. Death of the Accused

3.1. Death of the accused prior to final

judgment, as when he dies pending appeal
of his conviction, extinguishes his criminal
liability.

[People v. Culas, 825 SCRA 552 (2017)]

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Prosecution of Civil Action

(Rule 111)
3.2. The death of the accused after arraignment and
during the pendency of the criminal action shall
extinguish the civil liability arising from the delict.
However, the independent civil action instituted under
Sec. 3, Rule 111 or which thereafter is instituted to
enforce liability arising from other sources of obligation
may be continued against the estate or legal
representative of the accused after proper substitution
or against the said estate, as the case may be.
[Sec. 4, Rule 111, The Revised Rules of Criminal
Procedure]

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Prosecution of Civil Action

(Rule 111)
3.3. If the accused dies before arraignment,
the case shall be dismissed without
prejudice to any civil action the offended
party may file against the estate of the
deceased.
[Sec. 4, Rule 111, The Revised Rules of Criminal
Procedure]

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Prosecution of Civil Action

(Rule 111)
4. Effect of Acquittal or Extinction of Penal Action on
the Civil Action

4.1. The extinction of the penal action does not carry with
it extinction of the civil action. However, the civil action
based on the delict may be deemed extinguished if there is
a finding in a final judgment in the criminal action that the
act or omission from which the civil liability may arise did
not exist.
[Sec. 2, Rule 111, The Revised Rules of Criminal
Procedure]

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Prosecution of Civil Action

(Rule 111)
4.2. Our law recognizes two kinds of acquittal, with different effects on
the civil liability of the accused. First is an acquittal on the ground that
the accused is not the author of the act or omission complained of.
This instance closes the door to civil liability, for a person who has
been found to be not the perpetrator of any act or omission cannot and
can never be held liable for such act or omission. There being no delict,
civil liability ex delicto is out of the question, and the civil action, if any,
which may be instituted must be based on grounds other than the
delict complained of. This is the situation contemplated in Rule 111 of
the Rules of Court. The second instance is an acquittal based on
reasonable doubt on the guilt of the accused. In this case, even if the
guilt of the accused has not been satisfactorily established, he is not
exempt from civil liability which may be proved by preponderance of
evidence only.

[Daluraya v. Oliva, 749 Phil. 531 (2014)]

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Prosecution of Civil Action

(Rule 111)
5. Prejudicial Question
5.1. A prejudicial question generally exists in a situation
where a civil action and a criminal action are both pending,
and there exists in the former an issue that must be pre-
emptively resolved before the latter may proceed, because
howsoever the issue raised in the civil action is resolved
would be determinative juris et de jure of the guilt or
innocence of the accused in the criminal case.
[J.M. Dominguez Agronomic Co., Inc. v. Liclican, 764 SCRA 338
(2015)]

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Prosecution of Civil Action

(Rule 111)
5.2. Elements: (a) Previously instituted civil action
involving an issue similar or intimately related to
the issue raised in the subsequent criminal action;
(b) the resolution of such issue determines
whether or not the criminal action may proceed;
and (c) jurisdiction to try said question must be
lodged in another tribunal.
[Sec. 7, Rule 111, The Revised Rules of Criminal
Procedure; Magestrado v. People, 527 SCRA 125, 140
(2007)]

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Prosecution of Civil Action

(Rule 111)
5.3. A petition for suspension of the criminal action
based upon the pendency of a prejudicial question
in a civil action may be filed in the office of the
prosecutor or the court conducting the preliminary
investigation. When the criminal action has been
filed in court for trial, the petition to suspend shall
be filed in the same criminal action at any time
before the prosecution rests.
[Sec. 6, Rule 111, The Revised Rules of Criminal
Procedure]

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Prosecution of Civil Action

(Rule 111)
5.3.1. The determination of the pendency of
a prejudicial question should be made at the
first instance in the criminal action, and not
before the Supreme Court in an appeal from
the civil action.

Integrated Bar of the Philippines v. Atienza, 613

SCRA 518, 523-524 (2010)

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Prosecution of Civil Action

(Rule 111)
5.4. An independent civil action does not raise
a prejudicial question to stop the proceedings
in a pending criminal prosecution. This is
because the result of the independent civil
action is irrelevant to the issue of guilt or
innocence of the accused.
[Consing, Jr. v. People, 701 SCRA 132, 133
(2013)]

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Preliminary Investigation
(Rule 112)
1. Definition

1.1. 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.
[Sec. 1, Rule 112, The Revised Rules of Criminal
Procedure]

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Preliminary Investigation
(Rule 112)
2. Nature

2.1. A function that properly pertains to the public

prosecutor [Punzalan v. Plata, 704 SCRA 426, (2013)];
one that properly pertains at the first instance to the
public prosecutor and, ultimately, to the Secretary of
Justice, who may direct the filing of the corresponding
information or move for the dismissal of the case. [San
Miguel Corporation v. Puzon, Jr., 631 SCRA 48 (2010)]

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Preliminary Investigation
(Rule 112)
2.2. Courts will not interfere with the
executive determination of probable cause
for the purpose of filing an information in
the absence of grave abuse of discretion.

People v. Go, G.R. No. 210816, 10 December 2018

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Preliminary Investigation
(Rule 112)
3. Right to a Preliminary Investigation

3.1. The right is of a statutory character and may be

invoked only when specifically created by statute [Marinas
v. Siochi, 104 SCRA 423, 438-439 (1981)]. While the right
to a preliminary investigation is statutory rather than
constitutional in its fundament, since it has in fact been
established by statute, it is a component part of due
process in criminal justice. [Go v. Court of Appeals, 206 SCRA
138 (1992)]

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Preliminary Investigation
(Rule 112)
4. Right is Waivable

4.1. The right may be waived for failure to

invoke the right prior to or at the time of the
plea.

Go v. Court of Appeals, 206 SCRA 138, 153 (1992)

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Preliminary Investigation
(Rule 112)
5. Probable Cause in Preliminary
Investigation

5.1. The existence of such facts and circumstances

as would excite a belief that a crime has been
committed and that the person charged is
probably guilty of the said crime.
[Sarigumba v. Sandiganbayan, 451 SCRA 533, 550 (2005)]

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Preliminary Investigation
(Rule 112)
5.2. Need not be based on clear and convincing
evidence of guilt, neither on evidence establishing
guilt beyond reasonable doubt and definitely not
on evidence establishing absolute certainty of
guilt. It implies probability of guilt and requires
more than bare suspicion but less than evidence
which would justify conviction.

[Ramiscal, Jr. v. Sandiganbayan, 530 Phil. 773,

794 (2006)]

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Preliminary Investigation
(Rule 112)
6. Kinds of Determination of Probable Cause

6.1. The Court makes two kinds of determination

of probable cause: executive and judicial.
The executive determination of probable cause is
one made during the preliminary investigation. It
is a function that properly pertains to the public
prosecutor.

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Preliminary Investigation
(Rule 112)
The judicial determination of probable cause
(preliminary examination), on the other hand, is one
made by the judge to ascertain whether a warrant of
arrest should be issued against the accused. The judge
must satisfy himself that based on the evidence
submitted, there is necessity for placing the accused
under custody in order not to frustrate the ends of
justice. If the judge finds no probable cause, the judge
cannot be forced to issue the arrest warrant.
[Corpus, Jr. v. Pamular, G.R. No. 186403, 5 September
2018]

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Preliminary Investigation
(Rule 112)
7. Review of Findings of Prosecutors

7.1. Generally, the findings of the

prosecutors/Secretary of Justice are not
subject to interference by the courts.

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Preliminary Investigation
(Rule 112)
7.1.1. Exceptions: When there is (a) grave abuse
of discretion amounting to lack or excess of
jurisdiction; (b) gross misapprehension of facts;
(c) when the prosecutor/Secretary of Justice acts
in a manner so patent and gross as to amount to
an evasion of positive duty or a virtual refusal to
perform the duty enjoined by law; or (d) the
prosecutor/Secretary of Justice acts outside the
contemplation of law.
[Shu v. Dee, 723 SCRA 512 (2014)]

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Preliminary Investigation
(Rule 112)
8. Cases Requiring Preliminary Investigation
8.1. A preliminary investigation is required to be
conducted before the filing of a complaint or
information for an offense where the penalty
prescribed by law is at least four (4) years, two (2)
months and one (1) day without regard to the
fine.
[Sec. 1, Rule 112, The Revised Rules of Criminal
Procedure]
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Preliminary Investigation
(Rule 112)
9. When Accused Lawfully Arrested without
Warrant (Inquest)
9.1. 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 need of such
investigation provided an inquest has been conducted.
[Sec. 6, Rule 112, The Revised Rules of Criminal
Procedure]

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Preliminary Investigation
(Rule 112)
9.2. Before the complaint or information is
filed, the person arrested may ask for a
preliminary investigation in accordance with
Rule 112, but he must sign a waiver of the
provisions of Art. 125 of the Revised Penal
Code in the presence of his counsel.
[Sec. 6, Rule 112, The Revised Rules of Criminal
Procedure]

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Preliminary Investigation
(Rule 112)
9.2.1. After the filing of the complaint or
information in court without a preliminary
investigation, the accused may, within five (5)
days from the time he learns of its filing, ask for a
preliminary investigation with the same right to
adduce evidence in his defense.
[Sec. 6, Rule 112, The Revised Rules of Criminal
Procedure]

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Preliminary Investigation
(Rule 112)
10. Absence of Preliminary
Investigation
10.1. The right to preliminary investigation
is waived when the accused fails to invoke it
before or at the time of entering a plea at
arraignment.
[Larranaga v. Court of Appeals, 287 SCRA 581
(1998)]
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Preliminary Investigation
(Rule 112)
10.2. Does not affect the court’s jurisdiction over
the case nor does it impair the validity of the
information or otherwise, renders it defective.
[Enriquez v. Sarmiento, Jr., 498 SCRA 6, 15-16 (2006)]

10.3. Not a ground for the quashal of a complaint

or information.
[Socrates v. Sandiganbayan, 253 SCRA 773, 792 (1996)]

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Preliminary Investigation
(Rule 112)
11. Withdrawal of Information already filed
in Court

11.1. Once a complaint or information is filed in

Court, any disposition of the case, i.e., its dismissal
or the conviction or acquittal of the accused, rests
on the sound discretion of the Court.

[Caliwan v. Ocampo, G.R. No. 183270 (2009)]

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Preliminary Investigation
(Rule 112)
11.2. When confronted with a motion to withdraw an
Information on the ground of lack of probable cause
based on a resolution of the Secretary of Justice, the
bounden duty of the trial court is to make an
independent assessment of the merits of such motion.
Having acquired jurisdiction over the case, the trial
court is not bound by such resolution but is required to
evaluate it before proceeding further with the trial.

[Lanier v. People, 719 SCRA 477 (2014)]

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Arrest (Rule 113)

1. How Made

1.1. 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.
[Sec. 2, Rule 113, The Revised Rules of Criminal
Procedure]
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Arrest (Rule 113)

2. Method of Arrest with a Warrant

2.1. When making an arrest by virtue of a

warrant, the officer shall inform the person
to be arrested of the cause of the arrest and
the fact that a warrant has been issued for
his arrest.

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Arrest (Rule 113)

2.1.1. Exceptions: When the person to be arrested (a) flees

or (b) forcibly resists before the officer has opportunity to
so inform him, or (c) when the giving of such information
will imperil the arrest.
[Sec. 7, Rule 113, The Revised Rules of Criminal Procedure]
2.2. Officer need not have the warrant in his possession at
the time of the arrest but after the arrest, if the person
arrested so requires, the warrant shall be shown to him as
soon as practicable.
[Sec. 7, Rule 113, The Revised Rules of Criminal Procedure]

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Arrest (Rule 113)

3. Authority to Summon Assistance

3.1. 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
[Sec. 10, Rule 113, The Revised Rules of Criminal
Procedure]
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Arrest (Rule 113)

4. Person to be arrested is Inside a Building

4.1. An officer, in order to make an arrest with or without

warrant, may break into any building or enclosure where the
person to be arrested is or is reasonably believed to be, if he is
refused admittance thereto, after announcing his authority and
purpose.
[Sec. 11, Rule 113, The Revised Rules of Criminal Procedure]

4.2. The officer may break out therefrom when necessary to

liberate himself.
[Sec. 12, Rule 113, The Revised Rules of Criminal Procedure]

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Arrest (Rule 113)

5. Arrest without Warrant

5.1. A peace officer or a private person may, without a

warrant, arrest a person in the following instances: (a)
in flagrante delicto; (b) hot pursuit; or (c) the person
to be arrested is a prisoner who has escaped.

[Sec. 5, Rule 113, The Revised Rules of Criminal

Procedure; People v. Delos Reyes, 656 SCRA 417 (2011)]

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Arrest (Rule 113)

5.2. Other grounds for a lawful warrantless

arrest: (a) if a person lawfully arrested
escapes or is rescued [Sec. 13, Rule 113,
The Revised Rules of Criminal Procedure];
and (b) when an accused released on bail
attempts to depart from the Philippines
without permission of the court where the
case is pending. [Sec. 23, Rule 114, The
Revised Rules of Criminal Procedure]

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Arrest (Rule 113)

5.3. Elements of in flagrante delicto: (a) the

person to be arrested must execute an overt
act indicating that he has just committed, is
actually committing, or is attempting to
commit a crime; and (b) such overt act is
done in the presence or within the view of
the arresting officer.

[Dacanay v. People, 841 SCRA 30 (2017)]

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Arrest (Rule 113)

5.4. Elements of hot pursuit: (a) an offense

has just been committed; and (b) the
person making the arrest has probable
cause to believe based on personal
knowledge of facts or circumstances that
the person to be arrested has committed it.
People v. Comprado, G.R. No. 213225, 4 April
2018
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Arrest (Rule 113)

5.4.1. It does not require the arresting

officer or person to personally witness the
commission of the offense. In hot pursuit,
the person making the arrest knows for a
fact that a crime has been committed.

[People v. Villareal, 693 SCRA 549, 557 (2013)]

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Arrest (Rule 113)

5.4.2. The arresting officer may even rely on

information supplied by a witness or a victim
of the crime; and under the circumstances,
the arresting officer need not verify such
information.

Pestilos v. Generoso, 739 SCRA 337, 364-365,

(2014)

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Arrest (Rule 113)

6. Method of Arrest without a Warrant

6.1. If arresting person is a peace officer,

the officer shall inform the person to be
arrested of his authority and the cause of
the arrest.

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Arrest (Rule 113)

6.1.1. Exception: Information need not be given if

(a) the person to be arrested is engaged in the
commission of an offense, (b) or is pursued
immediately after its commission, (c) escapes,
flees, (d) or forcibly resists before the officer has
opportunity to so inform him, (e) or when the
giving of such information will imperil the arrest.
[Sec. 8, Rule 113, The Revised Rules of Criminal
Procedure]

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Arrest (Rule 113)

6.1.2. Secs. 11-12, Rule 113 also apply

here.

6.2. If arresting officer is a private person,

he shall inform the person to be arrested of
the intention to arrest him and the cause of
the arrest.

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Arrest (Rule 113)

6.2.1. Exception: Information need not be given if (a)

the person to be arrested is engaged in the
commission of an offense, (b) or is pursued
immediately after its commission, (c) escapes, flees,
(d) or forcibly resists before the private person has
opportunity to so inform him, (e) or when the giving of
such information will imperil the arrest.
[Sec. 9, Rule 113, The Revised Rules of Criminal
Procedure]
6.2.2. Secs. 11-12, Rule 113 do not apply here.

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Arrest (Rule 113)

7. Custodial Investigation

7.1. Custodial investigation begins to operate as soon

as the investigation ceases to be a general inquiry into
an unsolved crime and the interrogation is then aimed
on a particular suspect who has been taken into
custody and to whom the police would then direct
interrogatory questions that tend to elicit incriminating
statements.
[Luspo v. People, 739 SCRA 133, 144 (2014)]

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Arrest (Rule 113)

7.2. It shall include the practice of issuing an

“invitation” to a person who is investigated in
connection with an offense he is suspected to have
committed. Even those who voluntarily
surrendered before a police officer must be
apprised of their Miranda rights. For one, the same
pressures of a custodial setting exist in this
scenario.

[People v. Chavez, 735 SCRA 728 (2014)]

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Arrest (Rule 113)

7.3. In the absence of a lawyer, no custodial

investigation shall be conducted and the suspected
person can only be detained by the investigating
officer in accordance with the provisions of Article
125 of the Revised Penal Code [Sec. 3, R.A. 7438].
Any waiver of the provisions of Article 125 shall be
in writing, and signed by the person arrested,
detained or under custodial investigation in the
presence of his counsel; otherwise, the waiver
shall be null and void. [Sec. 2(e), R.A. 7348]

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Arrest (Rule 113)

7.4. Any extrajudicial confession made shall also

be in writing and signed by the person detained or
under custodial investigation in the presence of his
counsel, or in the latter’s absence, upon a valid
waiver, and in the presence of any of the parents,
older brothers and sisters, his spouse, the
municipal mayor, the municipal judge, district
school supervisor, or priest or minister of the
gospel as chosen by him; otherwise, such
extrajudicial confession shall be inadmissible as
evidence in any proceeding.
[Sec. 2(d), R.A. 7438]
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Arrest (Rule 113)

8. Objections to Illegality of Arrest

8.1. Any objection involving a warrant of arrest or

procedure in the acquisition by the court of
jurisdiction over the person of an accused must be
made before he enters his plea, otherwise the
objection is deemed waived.

[Miclat, Jr. v. People, 672 Phil. 191, 203 (2011)]

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Arrest (Rule 113)

8.2. A waiver of an illegal, warrantless arrest

does not carry with it a waiver of the
inadmissibility of evidence seized during an
illegal warrantless arrest.

[Homar v. People, G.R. No. 182534 (2015)]

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Bail (Rule 114)

1. Definition

1.1. 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 appearance before
any court as required under the conditions
specified in Rule 114.
[Sec. 1, Rule 114, The Revised Rules of Criminal
Procedure]
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Bail (Rule 114)

2. Constitutional Basis

2.1. All persons, except those charged with offenses

punishable by reclusion perpetua when evidence of guilt is
strong, shall, before conviction, be bailable by sufficient
sureties, or be released on recognizance as may be
provided by law. The right to bail shall not be impaired
even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.
[Sec. 13, Art. III, 1987 Constitution of the Philippines]

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Bail (Rule 114)

3. Applicant must be in Custody

3.1. As bail is intended to obtain or secure one's
provisional liberty, the same cannot be posted
before custody over him has been acquired by the
judicial authorities, either by his lawful arrest or
voluntary surrender. It would be incongruous to
grant bail to one who is free.
[Paderanga v. Court of Appeals, 247 SCRA 741,
749 (1995)]

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Bail (Rule 114)

3.2. A person is allowed to petition for bail

as soon as he is deprived of his liberty by
virtue of his arrest or voluntary surrender.
An accused need not wait for his
arraignment before filing a petition for bail.

[Serapio v. Sandiganbayan, 396 SCRA 443, 471

(2003)]

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Bail (Rule 114)

4. Trial In Absentia

4.1. 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 case, the trial may proceed in
absentia.
[Sec. 2(c), Rule 114, The Revised Rules of Criminal
Procedure]

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Bail (Rule 114)

5. Bail as a Matter of Right

5.1. Before conviction by the MTC
5.2. After conviction by the MTC
5.3. Before conviction by the RTC of an offense
not punishable by death, reclusion perpetua, or life
imprisonment.
[Sec. 4, Rule 114, The Revised Rules of Criminal
Procedure]
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Bail (Rule 114)

6. Bail as a Matter of Discretion

6.1. Upon conviction by the RTC of an

offense not punishable by death, reclusion
perpetua, or life imprisonment.
[Sec. 5, Rule 114, The Revised Rules of Criminal
Procedure]

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Bail (Rule 114)

6.2. The grant of bail to an accused charged

with an offense that carries with it the
penalty of death, reclusion perpetua, or life
imprisonment is discretionary on the part of
the trial court. It is discretionary and calls
for a judicial determination that the
evidence of guilt is not strong in order to
grant bail.
[San Miguel v. Maceda, 520 SCRA 205, 214-215
(2007)]
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Bail (Rule 114)

7. When Bail should be Denied

7.1. if an accused who is charged with a crime punishable by reclusion
perpetua (including death or life imprisonment) is convicted by the trial
court and sentenced to suffer such a penalty, bail is neither a matter of
right on the part of the accused nor of discretion on the part of the
court. In such a situation, the court would not have only determined
that the evidence of guilt is strong — which would have been sufficient
to deny bail even before conviction — it would have likewise ruled that
the accused's guilt has been proven beyond reasonable doubt. Bail
must not then be granted to the accused during the pendency of his
appeal from the judgment of conviction.

[People v. Nitcha, 240 SCRA 283, 295 (1995)]

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Bail (Rule 114)

7.2. 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:

(a) That the accused is a recidivist, quasi-recidivist, or

habitual delinquent, or has committed the crime
aggravated by the circumstance of reiteration;

(b) That he has previously escaped from legal confinement,

evaded sentence, or violated the conditions of his bail
without valid justification;

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Bail (Rule 114)

(c) That he committed the offense while under

probation, parole, or conditional pardon;
(d) That the circumstances of his case indicate the
probability of flight if released on bail; or
(e) That there is undue risk that he may commit
another crime during the pendency of the appeal.
[Sec. 5, Rule 114, The Revised Rules of Criminal
Procedure]

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Bail (Rule 114)

8. Remedy when Bail is Denied

8.1. The remedy is to file a petition for certiorari if the
trial court committed a grave abuse of its discretion
amounting to excess or lack of jurisdiction in issuing
said order.
[People v. Gomez, 325 SCRA 61, 69 (2000)]

8.2. Mandamus may be availed of to compel the grant

of bail which is a matter of right

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Bail (Rule 114)

9. Hearing of Application for Bail in Offenses

Punishable by Death, Reclusion Perpetua, or
Life Imprisonment
9.1. 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.
[Sec. 8, Rule 114, The Revised Rules of Criminal
Procedure]

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Bail (Rule 114)

9.2. Bail cannot be allowed to a person

charged with a capital offense, or of an
offense punishable by reclusion perpetua or
life imprisonment, without a hearing upon
notice to the prosecution.

[Gacal v. Infante, 658 SCRA 535 (2011)]

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Bail (Rule 114)

10. Application for or Admission to Bail not a Bar to

Objections on Illegal Arrest, Lack of or Irregular
Preliminary Investigation
10.1. An application for or admission to bail shall not bar
the accused from challenging the validity of his arrest or
the legality of the warrant issued therefor, or from assailing
the regularity or questioning the absence of a preliminary
investigation of the charge against him, provided that he
raises them before entering his plea.
[Sec. 26, Rule 114, The Revised Rules of Criminal Procedure]

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Rights of the Accused

(Rule 115)
1. Rights of the Accused at the Trial
1.1. To be presumed innocent.
1.2. To be informed of the nature and cause of the
accusation against him.
1.3. To be present and defend in person and by counsel at
every stage of the proceedings, from arraignment to
promulgation of the judgment.
1.4. To testify as a witness in his own behalf but subject to
cross-examination on matters covered by direct examination.
His silence shall not in any manner prejudice him.

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Rights of the Accused

(Rule 115)
1.5. To be exempt from being compelled to be a witness against
himself
1.6. To confront and cross-examine the witnesses against him at
the trial
1.7. To have compulsory process issued to secure the
attendance of witnesses and production of other evidence in his
behalf
1.8. To have a speedy, impartial and public trial
1.9. To appeal in all cases allowed and in the manner prescribed
by law.
[Sec. 1, Rule 115, The Revised Rules of Criminal Procedure]

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Rights of the Accused

(Rule 115)
2. Presumption of Innocence
2.1. The presumption of innocence in favor of the accused
behooves the People of the Philippines, as the plaintiff in
criminal cases, to prove beyond reasonable doubt not only
each element of the crime but also the identity of the
accused as the criminal.
[People v. Cuyacot, 706 SCRA 704 (2013)]
2.2. This presumption prevails over the presumption of
regularity in the performance of official duty.
[People v. Alivio, 649 SCRA 318, 327 (2011)]

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Rights of the Accused

(Rule 115)
3. Equipoise Rule
3.1. The rule provides that where the
evidence in a criminal case is evenly
balanced, the constitutional presumption of
innocence tilts the scales in favor of the
accused.
[People v. Lagmay, 306 SCRA 157 (1999)]

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Rights of the Accused

(Rule 115)
3.2. If the inculpatory facts and circumstances are
capable of two or more explanations, one of which
is consistent with the innocence of the accused
and the other consistent with his guilt, then the
evidence does not fulfil the test of moral certainty
and is not sufficient to support a conviction
[People v. Godoy, 243 SCRA 64 (1995)]. Under
such circumstances, the presumption of innocence
must prevail and the court must acquit. [Balerta v.
People, 748 Phil. 806, 822-823 (2014)]

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Rights of the Accused

(Rule 115)
4. Right to Counsel

4.1. One need not be an accused to avail of the

right to counsel and the right to counsel does not
commence only during the trial. Every person
under the custody of the law enjoys the right. Sec.
2(a) R.A. 7438 provides that any person arrested,
detained or under custodial investigation shall at
all times be assisted by counsel.

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Rights of the Accused

(Rule 115)
4.2. The purpose of providing counsel to a
person under custodial investigation is to
curb the uncivilized practice of extracting
confession by coercion.

[People v. Paule, 261 SCRA 649 (1996)]

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Rights of the Accused

(Rule 115)
5. Police Line-up
5.1. Police line-up is not part of the custodial investigations since the
accused at that stage is not yet being investigated. In the line-up, the
right to counsel does not yet attach [Gamboa v. Cruz, 162 SCRA 642
(1988)]. This is because during a police line-up, the process has not
yet shifted from the investigatory to the accusatory and it is usually the
complainant who is interrogated and who gives a statement during the
line-up. However, when the police investigation is no longer a general
inquiry into an unsolved crime but has begun to focus on a particular
suspect taken into custody by the police who starts the interrogation
and propounds questions to the person to elicit incriminating
statements, custodial investigation is said to have started and the right
to counsel may now be invoked. [People v. Ibañez, 698 SCRA 161, 173
(2013)]
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Rights of the Accused

(Rule 115)
6. Right to Choose a Counsel is not Plenary
6.1. The choice of counsel by the accused in a criminal
prosecution is not a plenary one. If the chosen counsel
deliberately makes himself scarce, the court is not
precluded from appointing a de oficio counsel, which it
considers competent and independent, to enable the trial
to proceed until the counsel of choice enters his
appearance. Otherwise, the pace of a criminal prosecution
will be entirely dictated by the accused, to the detriment of
the eventual resolution of the case.
[People v. Siongco, 623 SCRA 501, 514 (2010)]

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Rights of the Accused

(Rule 115)
7. Right to Counsel may be Waived

7.1. The right to counsel may be waived but

the waiver must be in writing and in the
presence of the counsel of the accused.

[People v. Del Castillo, 439 SCRA 601 (2004)]

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Rights of the Accused

(Rule 115)
8. Right to Speedy Trial
8.1. The right to speedy trial does not preclude
justifiable postponements and delay when
warranted by the situation. In the application of
the right to speedy disposition of cases, particular
regard must also be taken of the facts and
circumstances peculiar to each case.

[Domondon v. Sandiganbayan, 476 SCRA 496, 504 (2005)]

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Rights of the Accused

(Rule 115)
9. Right against Self-incrimination
9.1. The accused occupies a different tier of protection
from an ordinary witness. Whereas an ordinary
witness may be compelled to take the witness stand
and claim the privilege as each question requiring an
incriminating answer is shot at him, an accused may
altogether refuse to take the witness stand and refuse
to answer any and all questions.
[Chavez v. Court of Appeals, 24 SCRA 663, 680 (1968)]

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Rights of the Accused

(Rule 115)
9.2. The main purpose of the constitutional
provision against compelling a person in any
criminal case to be a witness against himself is to
prohibit testimonial compulsion by oral
examination [United States v. Ong Siu Hong, 36
Phil. 735, 736 (1917)]. The privilege applies only
to evidence that is communicative in essence
taken under duress.

[Herrera v. Alba, 460 SCRA 197, 218-219 (2005)]

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Rights of the Accused

(Rule 115)
9.3. Forced re-enactments, like uncounselled and
coerced confessions, come within the ban against self-
incrimination. Thus, all evidence based on such a re-
enactment are to be deemed in violation of the
Constitution and, hence, incompetent evidence. Here,
the accused is not merely required to exhibit some
physical characteristics; by and large, he is made to
admit criminal responsibility against his will. It is a
police procedure just as condemnable as an
uncounselled confession.

[People v. Olvis, 154 SCRA 513 (1987)]

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Rights of the Accused

(Rule 115)
9.4. As to the incriminatory nature of writing
exemplars or samples, writing is something
more than moving the body, or the hands,
or the fingers; writing is not a purely
mechanical act; it requires the application of
intelligence and attention; writing means to
furnish, through a testimonial act, evidence
against himself.

[Beltran v. Samson, 53 Phil. 570 (1929)]

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Rights of the Accused

(Rule 115)
9.5. Forms of criminal immunity available to a witness:
(a) Transactional Immunity: Broader in scope of its
protection. By its grant, a witness can no longer be
prosecuted for any offense whatsoever arising out of the
act or transaction to which the testimony relates;
(b) Use-and-derivative-use Immunity: A witness is only
assured that his or her particular testimony and evidence
derived from it will not be used against him or her in a
subsequent prosecution.
[Tanchanco v. Sandiganbayan, 512 Phil. 590 (2005)]

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Rights of the Accused

(Rule 115)
10. Right to Testify as a Witness

10.1. Questions asked of the accused in the

cross-examination are limited to the matters
covered by the direct examination.
[Sec. 1(d), Rule 115, The Revised Rules of
Criminal Procedure]

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Rights of the Accused

(Rule 115)
11. Right to Cross-examine Witnesses
11.1. The right is a personal one which may be waived,
expressly or impliedly, by conduct amounting to a
renunciation of the right of cross-examination. Where the
party has had the opportunity to cross-examine a witness
but failed to avail himself of it, he necessarily forfeits the
right to cross-examine and the testimony given on direct
examination of the witness will be received or allowed to
remain in the record.
[Savory Luncheonette v. Lakas ng Manggagawang Pilipino, 62
SCRA 258 (1975)]

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Rights of the Accused

(Rule 115)
11.2. The right has always been understood
as requiring not necessarily an actual cross-
examination but merely an opportunity to
exercise the right to cross-examine if
desired. What is prohibited is the absence of
the opportunity to cross-examine.

[Bangayan v. Commercial Banking Corporation,

647 SCRA 8, 37 (2011)]

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Rights of the Accused

(Rule 115)
12. Right to Appeal

12.1. The right to appeal is statutory. Its

suppression would be a violation of due
process, a right guaranteed by the
Constitution.
[Hilario v. People, 551 SCRA 191, 209 (2008)]

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Rights of the Accused

(Rule 115)
12.2. In criminal cases, an appeal throws
the whole case wide open for review and
the reviewing tribunal can correct errors,
though unassigned in the appealed
judgment or even reverse the trial court's
decision on the basis of grounds other than
those that the parties raised as errors.

[People v. Dulay, 681 SCRA 638 (2012)]

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Arraignment and Plea

(Rule 116)
1. Arraignment
1.1. Arraignment is indispensable in bringing the accused to court and
in notifying him of the nature and cause of the accusations against
him. The importance of arraignment is based on the constitutional right
of the accused to be informed. Procedural due process requires that
the accused be arraigned so that he may be informed of the reason for
his indictment, the specific charges he is bound to face, and the
corresponding penalty that could be possibly meted against him. It is
at this stage that the accused, for the first time, is given the
opportunity to know the precise charge that confronts him. It is only
imperative that he is, thus, made fully aware of the possible loss of
freedom, even of his life, depending on the nature of the imputed
crime.
[Kummer v. People, 705 SCRA 490, 508-509 (2013)]

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Arraignment and Plea

(Rule 116)
2. Absence of Arraignment

2.1. The absence of arraignment results in

the nullity of the proceedings before the trial
court.

[Taglay v. Daray, 678 SCRA 640, 650 (2012)]

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Arraignment and Plea

(Rule 116)
3. Options of the Accused before
Arraignment and Plea
3.1. The accused may move for a bill of particulars
to enable him to properly plead and prepare for
trial. The motion shall (a) specify the alleged
defects of the complaint or information, and shall
(b) specify the details desired.
[Sec. 9, Rule 116, The Revised Rules of Criminal
Procedure]
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Arraignment and Plea

(Rule 116)
3.2. Upon motion by the proper party, the
arraignment shall be suspended in the following
cases:

(a) The accused appears to be suffering from an

unsound mental condition which effectively
renders him unable to fully understand the charge
against him and to plead intelligently thereto;

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Arraignment and Plea

(Rule 116)
(b) There exists a prejudicial question; and
(c) A petition for review of the resolution of
the prosecutor is pending at either the DOJ
or the Office of the President; provided, the
period of suspension shall not exceed sixty
(60) days counted from the filing of the
petition with the reviewing office.
[Sec. 11, Rule 116, The Revised Rules of Criminal
Procedure]

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Arraignment and Plea

(Rule 116)
3.3. The accused may move to quash the complaint or
information on any of the grounds provided under Sec.
3, Rule 117, in relation to Sec. 1, Rule 117
3.4. Challenge the validity of the arrest or legality of
the warrant issued or assail the regularity or question
the absence of a preliminary investigation of the
charge.
[Sec. 26, Rule 114, The Revised Rules of Criminal
Procedure]

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Arraignment and Plea

(Rule 116)
4. Arraignment under an Amended/Substituted
Information
4.1. Where the accused has been already arraigned and
subsequently, the information was substantially amended,
an arraignment on the amended information is mandatory
because the accused has the constitutional right to be
informed of the accusation against him. If he is not
arraigned and is convicted under the second information,
the conviction constitutes reversible error.
Cabangangan v. Concepcion, 95 Phil. 87, 90 (1954)

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Arraignment and Plea

(Rule 116)
4.2. Where the amendment is only as to form, there is
no need for another preliminary investigation and the
retaking of the plea of the accused.

[Teehankee, Jr. v. Madayag, 207 SCRA 134, 143 (1992)]

4.3. In substitution of information, another preliminary

investigation is entailed and the accused has to plead
anew to the new information.

[Teehankee, Jr. v. Madayag, 207 SCRA 134, 143 (1992)]

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Arraignment and Plea

(Rule 116)
5. Presence of the Accused

5.1. The accused must be present at the

arraignment and must personally enter his
plea.
[Sec. 1(b), Rule 116, The Revised Rules of
Criminal Procedure]

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Arraignment and Plea

(Rule 116)
6. Presence of the Offended Party
6.1. The private offended party shall be required to appear
at the arraignment for purposes of plea bargaining,
determination of civil liability, and other matters requiring
his presence. In case of failure of the offended party to
appear despite due notice, the court may allow the accused
to enter a plea of guilty to a lesser offense which is
necessarily included in the offense charged with the
conformity of the trial prosecutor alone.
[Sec. 1(f), Rule 116, The Revised Rules of Criminal
Procedure]
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Arraignment and Plea

(Rule 116)
7. When Plea of Not Guilty shall be Entered
7.1. A plea of not guilty shall be entered for the accused if
he (a) refuses to plead or (b) makes a conditional plea.
[Sec. 1(c), Rule 116, The Revised Rules of Criminal Procedure]
or (c) pleads guilty but presents exculpatory evidence. [Sec.
1(d), Rule 116, The Revised Rules of Criminal Procedure]
7.2. When a plea of guilty is not definite or ambiguous, or
not absolute, the same amounts to a plea of not guilty.
[People v. Strong, 63 SCRA 133, 135-136 (1975)]

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Arraignment and Plea

(Rule 116)
8. Plea of Guilty to a Lesser Offense
8.1. Requisites:
(a) The lesser offense is necessarily included in the offense
charged; and
(b) The plea must be with the consent of both the offended
party and the prosecutor [Sec. 2, Rule 116, The Revised Rules
of Criminal Procedure]. Consent of offended party will not be
required if said party, despite due notice, fails to appear
during the arraignment. [Sec. 1(f), Rule 116, The Revised
Rules of Criminal Procedure]

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Arraignment and Plea

(Rule 116)
9. Plea of Guilty to a Capital Offense
9.1. When the accused pleads guilty to a capital
offense, the court shall conduct a searching inquiry
into the voluntariness and full comprehension of the
consequences of his plea and shall require the
prosecution to prove his guilt and the precise degree
of culpability. The accused may present evidence in his
behalf.
[Sec. 3, Rule 116, The Revised Rules of Criminal
Procedure]
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Arraignment and Plea

(Rule 116)
9.2. Rationale: The courts must proceed with more
care where the possible punishment is in its
severest form, for the reason that the execution of
such sentence is irreversible. The primordial
purpose then is to avoid improvident pleas of guilt
on the part of an accused where grave crimes are
involved since he might be admitting his guilt
before the court and thus forfeit his life and liberty
without having fully understood the meaning,
significance, and consequences of his plea.
[People v. Gambao, 706 SCRA 508, 522 (2013)]

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Arraignment and Plea

(Rule 116)
10. Improvident Plea of Guilty
10.1. At any time before the judgment of
conviction becomes final, the court may
permit an improvident plea of guilty to be
withdrawn and be substituted by a plea of
not guilty.
[Sec. 5, Rule 116, The Revised Rules of Criminal
Procedure]

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Motion to Quash (Rule 117)

1. Omnibus Motion
1.1. A motion to quash is an omnibus motion since the
rule impliedly requires that all the objections available
at the time the motion is filed should be invoked. The
failure to assert any ground of a motion to quash
before a plea to the complaint or information shall be
deemed a waiver of any objections.
[Sec. 9, Rule 117, The Revised Rules of Criminal
Procedure]

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Motion to Quash (Rule 117)

2. Grounds not waived

2.1. The following grounds are not waived despite not
being raised in a motion to quash:
(a) The facts charged do not constitute an offense.
[Sec. 3(a), Rule 117, The Revised Rules of Criminal
Procedure]
(b) The court trying the case has no jurisdiction over the
offense charged.
[Sec. 3(b), Rule 117, The Revised Rules of Criminal
Procedure]

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Motion to Quash (Rule 117)

(c) Criminal action or liability has been

extinguished.
[Sec. 3(g), Rule 117, The Revised Rules of
Criminal Procedure]

(d) Double jeopardy.

[Sec. 3(i), Rule 117, The Revised Rules of Criminal
Procedure]

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Motion to Quash (Rule 117)

3. Remedy from Denial of Motion

3.1. Remedy is for the movant to go to trial without

prejudice to reiterating the special defenses invoked in
the motion to quash. However, if the court in denying
the motion to quash acts without or in excess of
jurisdiction or with grave abuse of discretion, then
certiorari or prohibition lies.

[Javier v. Sandiganbayan, 599 SCRA 324, 336 (2009)]

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Motion to Quash (Rule 117)

4. Effect of Sustaining the Motion to Quash

4.1. If the motion to quash is sustained, the court may
order that another complaint or information be filed.
[Sec. 5, Rule 117, The Revised Rules of Criminal
Procedure]
4.1.1. Exceptions: (a) Extinction of criminal liability
and (b) Double jeopardy.
[Sec. 6, Rule 117, The Revised Rules of Criminal
Procedure]
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Motion to Quash (Rule 117)

5. Double Jeopardy
5.1. Requisites:
(a) Valid indictment/complaint or information;
(b) before a court of competent jurisdiction;
(c) Arraignment of the accused;
(d) Valid plea entered by accused; and
(e) Acquittal or conviction of the accused, or the dismissal
or termination of the case against him without his express
consent.
[Saldariega v. Panganiban, 755 SCRA 627 (2015)]

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Motion to Quash (Rule 117)

5.2. Double jeopardy covers another prosecution

for the offense charged, or for any attempt to
commit the same or frustration thereof, or for any
offense which necessarily includes or is necessarily
included in the offense charged in the former
complaint or information.
[Sec. 7, Rule 117, The Revised Rules of Criminal
Procedure]

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Motion to Quash (Rule 117)

5.3. Also called “res judicata in prison grey”.

Caes v. Intermediate Appellate Court, 179 SCRA 54, 59
(1989)

5.4. Double jeopardy finds no application in

administrative cases [Cayao-Lasam v. Ramolete, 574
SCRA 439, 450 (2008)] or in preliminary
investigation. [Nicomedes v. Chief of Constabulary,
110 Phil. 52 (1960)]

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Motion to Quash (Rule 117)

5.5 As a rule, an acquittal rendered by a

court of competent jurisdiction after trial on
the merit is immediately final and cannot be
appealed because of double jeopardy
(Finality-of-acquittal Doctrine).

[People v. Sandigabayan, 631 SCRA 128, 132

(2010)]

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Motion to Quash (Rule 117)

5.6. Accused may appeal from a judgment

of conviction but when the accused appeals
from the sentence of the trial court, he
waives his constitutional safeguard against
double jeopardy and throws the whole case
open to the review of the appellate court.

People v. Las Piñas Jr., 377 SCRA 377 (2002)

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Motion to Quash (Rule 117)

5.7. The State may assail the acquittal by a special civil

action of certiorari under Rule 65 of the Rules of Court,
when the Court that absolved the accused gravely abused
its discretion resulting in loss of jurisdiction, or when
mistrial has occurred.
[Castro v. People, 559 SCRA 676, 683-684 (2008)]
5.8. The Finality-of-acquittal Doctrine does not apply when
the judgment of acquittal is reviewed via the special civil
action of certiorari under Rule 65.
[People v. Asis, 629 SCRA 250 (2010)]

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Motion to Quash (Rule 117)

5.9. Double jeopardy applies in quasi offenses. The essence of

quasi offense under Art. 365 of the Revised Penal Code lies in
the execution of an imprudent or negligent act that, if
intentionally done, would be punishable as a felony. The law
penalizes the negligent or careless act and not the result
thereof. The gravity of the consequence is only taken into
account to determine the penalty and it does not qualify the
substance of the offense. And, as the careless act is single,
whether the injurious result should affect one person or several
persons, the offense remains one and the same, and cannot be
split into different crimes and prosecutions.
[Ivler v. Modesto-San Pedro, 635 SCRA 191 (2010)]

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Pre-Trial (Rule 118)

1. Where Pre-trial Mandatory

1.1. In all criminal cases cognizable by the

Sandiganbayan, RTC, and MTC.
[Sec. 1, Rule 118, The Revised Rules of Criminal
Procedure]

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Pre-Trial (Rule 118)

2. Non-appearance at Pre-trial

2.1. If the counsel for the accused or the

prosecutor does not appear at the pre-trial
conference and does not offer an acceptable
excuse for his lack of cooperation, the court may
impose sanctions or penalties.
[Sec. 3, Rule 118, The Revised Rules of Criminal
Procedure]

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Pre-Trial (Rule 118)

3. Pre-trial Agreements

3.1. All agreements or admissions made or entered

during the pre-trial conference shall be reduced in
writing and signed by the accused and counsel,
otherwise, they cannot used against the accused.
[Sec. 2, Rule 118, The Revised Rules of Criminal
Procedure]

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Pre-Trial (Rule 118)

4. Pre-trial Order
4.1. The order shall bind the parties, limit
the trial to matters not disposed of, and
control the course of the action during the
trial, unless modified by the court to prevent
manifest injustice.
[Sec. 4, Rule 118, The Revised Rules of Criminal
Procedure]
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Trial (Rule 119)

1. Discharge of Accused to be a State Witness

1.1. Requisites:
(a) Two or more persons are jointly charged with the
commission of any offense;
(b) It is upon motion of the prosecution before resting its
case;
(c) Accused gives his consent to be a state witness;
(d) Prosecution is required to present evidence and the
sworn statement of each proposed state witness at a
hearing in support of the discharge; and

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Trial (Rule 119)

(e) The court is satisfied that:

- There is absolute necessity for the
testimony of the accused;
- There is no other direct evidence available
for the proper prosecution of the offense
committed, except the testimony of the
accused;

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Trial (Rule 119)

- Testimony can be substantially corroborated in its material

points;
- Accused does not appear to be the most guilty; and
- Accused has not at any time been convicted of any offense
involving moral turpitude.
[Sec. 17, Rule 119, The Revised Rules of Criminal Procedure]

1.2. If the motion for discharge of the accused as state witness

is denied, his sworn statement shall be inadmissible in evidence.
[Sec. 17, Rule 119, The Revised Rules of Criminal Procedure]

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Trial (Rule 119)

1.3 The discharge of the accused shall amount to

an acquittal and shall be a bar to future
prosecution for the same offense, unless the
accused fails or refuses to testify against his co-
accused in accordance with his sworn statement
constituting the basis for his discharge.
[Sec. 18, Rule 119, The Revised Rules of Criminal
Procedure]

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Trial (Rule 119)

2. Trial In Absentia
2.1. Requisites:
(a) Accused has already been arraigned;
(b) Accused has been duly notified of the trial or
hearings; and
(c) The absence of the accused or his failure to appear
is unjustified.
Bernardo v. People, 520 SCRA 332, 343 (2007); Sec. 14(2),
Art. III, 1987 Constitution of the Philippines

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Trial (Rule 119)

3. Comments/Questions of the Judge during Trial
3.1. The Court has acknowledged the right of a trial judge
to question witnesses with a view to satisfying his mind
upon any material point which presents itself during the
trial of a case over which he presides. But not only should
his examination be limited to asking clarificatory questions,
the right should be sparingly and judiciously used. For the
rule is that the court should stay out of it as much as
possible, neither interfering nor intervening in the conduct
of trial.
[Tabuena v. Sandiganbayan, 268 SCRA 332, 386-397
(1997)]
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Trial (Rule 119)

4. Demurrer to evidence
4.1. Filed after the prosecution rests its case.
[Sec. 23, Rule 119, The Revised Rules of Criminal
Procedure]
4.2. It is an objection by one of the parties in an action to
the effect that the evidence which his adversary produced
is insufficient in point of law to make out a case or sustain
the issue. The party demurring challenges the sufficiency of
the whole evidence to sustain a verdict.
[Consino v. People, 756 SCRA 256 (2015)]

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Trial (Rule 119)

4.3. Grant of demurrer to evidence amounts to an

acquittal and cannot be appealed because it would
place the accused in double jeopardy. The order is
reviewable only by certiorari under Rule 65 if it was
issued with grave abuse of discretion amounting to
lack or excess of jurisdiction.

[People v. Sandiganbayan (Third Division), 645 SCRA

726, 731 (2011)]

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Trial (Rule 119)

4.4. Initiated either by the accused or by the court on its

own initiative on the ground of insufficiency of evidence.
[Sec. 23, Rule 119, The Revised Rules of Criminal
Procedure]
4.5. Demurrer filed by accused may be with or without
leave of court.

4.5.1. If the court denies the demurrer to evidence filed

with leave of court, the accused may adduce evidence in
his defense.

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Trial (Rule 119)

4.5.2. When the demurrer to evidence is

filed without leave of court, and the
demurrer is denied, the accused waives the
right to present evidence and submits the
case for judgment on the basis of the
evidence for the prosecution.

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Trial (Rule 119)

4.5.3. The order denying the motion for

leave of court to file demurrer to evidence
or the demurrer itself shall not be
reviewable by appeal or by certiorari before
judgment.
[Sec. 23, Rule 119, The Revised Rules of Criminal
Procedure]

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Judgment (Rule 120)

1. Requisites
1.1. (a) Written in the official language;
(b) Personally and directly prepared and signed by
the judge; and
(c) Must contain clearly and distinctly a statement
of the facts and the law upon which it is based.
[Sec.1, Rule 120, The Revised Rules of Criminal
Procedure]

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Judgment (Rule 120)

2. Judgment for Two or More Offenses

2.1. When two or more offenses are charged in a
single complaint or information but the accused fails to
object to it before trial, the court may convict him of
as many offenses as are charged and proved, and
impose on him the penalty for each offense, setting
out separately the findings of fact and law in each
offense.
[Sec.3, Rule 120, The Revised Rules of Criminal
Procedure]
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Judgment (Rule 120)

3. Judgment Rendered by Judge who did not hear

the Case

3.1. The fact that the trial judge who rendered judgment
was not the one who had occasion to observe the
demeanor of the witness during trial, but merely relied on
the records of the case, does not render the judgment
erroneous, especially where the evidence on record is
sufficient to support its conclusion.
[People v. Paling, 645 SCRA 627, 636-637 (2011)]

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Judgment (Rule 120)

4. Variance Doctrine

4.1. Exception to the rule that the accused

may be convicted only of the crime with
which he is charged.

[Navarrete v. People, 513 SCRA 509, 515 (2007)]

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Judgment (Rule 120)

4.2. When there is a variance between the offense charged in the

complaint or information and that proved, and the offense as charged
is included in or necessarily includes the offense proved, the accused
shall be convicted of the offense proved which is included in the
offense charged, or of the offense charged which is included in the
offense proved. An offense charged necessarily includes the offense
proved when some of the essential elements or ingredients of the
former, as alleged in the complaint or information, constitute the latter.
And an offense charged is necessarily included in the offense proved,
when the essential ingredients of the former constitute or form part of
those constituting the latter.
[People v. Pareja, 714 SCRA 131 (2014)]

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Judgment (Rule 120)

5. Accused Fails to Appear in the

Promulgation of Judgment (Promulgation In
Absentia)
5.1. If the accused fails to appear despite notice,
the promulgation shall be made by recording the
judgment in the criminal docket and serving him a
copy thereof at his last known address or thru his
counsel.
[Sec.6, Rule 120, The Revised Rules of Criminal Procedure]

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Judgment (Rule 120)

5.2. If the judgment is for conviction and the failure of the

accused to appear was without justifiable cause, he shall lose
the remedies available under the Rules against the judgment
and the court shall order his arrest. Within fifteen (15) days
from promulgation of judgment, the accused may surrender
and file a motion for leave of court to avail said remedies. He
shall state the reasons for his absence and if he proves that
his absence was for a justifiable cause, he shall be allowed to
avail of said remedies within fifteen (15) days from notice.
[Sec.6, Rule 120, The Revised Rules of Criminal Procedure]

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Judgment (Rule 120)

6. Modification of Judgment
6.1. A judgment of conviction may, upon
motion of the accused, be modified or set
aside before it becomes final or before
appeal is perfected.
[Sec.7, Rule 120, The Revised Rules of Criminal
Procedure]

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Judgment (Rule 120)

7. When Judgment Becomes Final

7.1. Judgment becomes final (a) after the lapse of
the period for perfecting an appeal, or (b) when
the sentence has been partially or totally satisfied
or served, or (c) when the accused has waived in
writing his right to appeal, or (d) has applied for
probation.
[Sec.7, Rule 120, The Revised Rules of Criminal
Procedure]
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New Trial or Reconsideration

(Rule 121)
1. New Trial or Reconsideration

1.1. At any time before a judgment of conviction

becomes final, the court may, on motion of the
accused or at its own instance but with the
consent of the accused, grant a new trial or
reconsideration.
[Sec.1, Rule 121, The Revised Rules of Criminal
Procedure]

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New Trial or Reconsideration

(Rule 121)
2. Grounds for New Trial
2.1. (a) Errors of law or irregularities prejudicial to the
substantial rights of the accused have been committed
during the trial
(b) New and material evidence has been discovered which
the accused could not with reasonable diligence have
discovered and produced at the trial and which if
introduced and admitted would probably change the
judgment.
[Sec.2, Rule 121, The Revised Rules of Criminal Procedure]

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New Trial or Reconsideration

(Rule 121)
3. Newly Discovered Evidence
3.1. Refers to that which is (a) discovered after trial; (b)
could not have been discovered and produced at the trial
even with the exercise of reasonable diligence; (c) is
material, not merely cumulative, corroborative or
impeaching; and (d) is of such weight that it would
probably change the judgment if admitted. The most
important requisite is that the evidence could not have
been discovered and produced at the trial even with
reasonable diligence; hence, the term “newly discovered”.
[Tadeja v. People, 691 SCRA 252, 266 (2013)]

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New Trial or Reconsideration

(Rule 121)
4. Grounds for Reconsideration
4.1. (a) Errors of law in the judgment which
requires no further proceedings; and
(b) Errors of fact in the judgment which
requires no further proceedings.
[Sec.3, Rule 121, The Revised Rules of Criminal
Procedure]

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New Trial or Reconsideration

(Rule 121)
5. Neypes Rule

5.1. The Neypes Rule or the “Fresh Period”

Rule also applies to appeals in criminal
cases.

[Yu v. Samson-Tatad, 642 SCRA 421 (2011)]

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Appeals (Rules 122, 124, 125)

1. Subject Matter of Appeal

1.1. In criminal cases, an appeal throws the entire

"case wide open for review and the reviewing tribunal
can correct errors, though unassigned in the appealed
judgment, or even reverse the trial court's decision
[based on] x x x grounds other than those that the
parties raised as errors.

People v. Saludes, 451 Phil. 719, 728 (2003)

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Appeals (Rules 122, 124, 125)

2. Appeal by Accused
2.1. When an accused appeals from the
sentence of the trial court, he waives the
constitutional safeguard against double
jeopardy and throws the whole case open to
the review of the appellate court.
[People v. Torres, 735 SCRA 687 (2014)]

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Appeals (Rules 122, 124, 125)

2.2. The appeal confers upon the appellate court

full jurisdiction over the case and renders such
court competent to examine records, revise the
judgment appealed from, increase the penalty and
cite the proper provision of the penal law violated.

[People v. Manlao, G.R. No. 234023, 3 September

2018]

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Appeals (Rules 122, 124, 125)

3. Change of Theory on Appeal

3.1. A party cannot change his theory on appeal, nor
raise in the appellate court any question of law or fact
that was not raised in the court below or which was
not within the issue raised by the parties in their
pleadings because this would be offensive to the basic
rules of fair play, justice and due process.
[Heirs of Cesar Marasigan v. Marasigan, 548 SCRA 409
(2008)]

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Appeals (Rules 122, 124, 125)

4. Effect of Appeal by any of Several Accused

4.1. An appeal taken by one or more of several accused shall not

affect those who did not appeal except insofar as the judgment
of the appellate court is favorable and applicable to the latter.
[Sec. 11(a), Rule 122, The Revised Rules of Criminal Procedure]

4.2. Upon perfection of the appeal, the execution of the

judgment or final order appealed from shall be stayed as to the
appealing party.
[Sec. 11(c), Rule 122, The Revised Rules of Criminal Procedure]

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Appeals (Rules 122, 124, 125)

5. Court of Appeals

5.1. The Court of Appeals may reverse, affirm, or

modify the judgment and increase or reduce the
penalty imposed by the trial court, remand the
case to the RTC for new trial or retrial, or dismiss
the case.
[Sec. 11, Rule 124, The Revised Rules of Criminal
Procedure]

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Appeals (Rules 122, 124, 125)

5.2. The Court of Appeals shall have the power to

try cases and conduct hearings, receive evidence
and perform all acts necessary to resolve factual
issues raised in cases falling within its original and
appellate jurisdiction, including the power to grant
and conduct new trials or further proceedings.
[Sec. 12, Rule 124, The Revised Rules of Criminal
Procedure]

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Appeals (Rules 122, 124, 125)

6. Supreme Court en banc Opinion Equally Divided

6.1. When the Supreme Court en banc is equally divided in
opinion or the necessary majority cannot be had on
whether to acquit the appellant, the case shall again be
deliberated upon and if no decision is reached after re-
deliberation, the judgment of conviction of the lower court
shall be reversed and the accused acquitted.
[Sec. 3, Rule 125, The Revised Rules of Criminal
Procedure]

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Search and Seizure (Rule 126)

1. Nature

1.1. An application for a search warrant is not a criminal

action. Hence, any aggrieved party may question an order
quashing the same without need for the conformity of the
public prosecutor. The rule in Sec. 5, Rule 10 of the Rules
of Court, that criminal actions shall be prosecuted under
the direction and control of the public prosecutor, does not
apply.
[Worldwide Web Corporation v. People, 713 SCRA 18 (2014)]

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Search and Seizure (Rule 126)

2. Rule against Unreasonable Search and

Seizure
2.1. The rule does not extend to acts committed
by private individuals and entities. It is intended as
a restraint against the Government and its agents
tasked with law enforcement.

[Sesbreno v. Court of Appeals, 720 SCRA 57 (2014)]

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Search and Seizure (Rule 126)

3. Application for Search Warrants

3.1. An application for search warrant shall be filed with
the following:
(a) Any court within whose territorial jurisdiction a crime
was committed;
(b) For compelling reasons stated in the application, any
court within the judicial region where the crime was
committed if the place of the commission of the crime is
known, or any court within the judicial region where the
warrant shall be enforced;

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Search and Seizure (Rule 126)

(c) If the criminal action has already been

filed, the application shall only be made in
the court where the criminal action is
pending.
[Sec. 2, Rule 126, The Revised Rules of Criminal
Procedure]

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Search and Seizure (Rule 126)

4. Search Warrants involving Heinous Crimes

and Others
4.1. In cases involving heinous crimes, illegal
gambling, dangerous drugs, and illegal possession of
firearms, the following are authorized to act on all
applications for search warrants involving said crimes
filed by the PNP, NBI, Presidential Anti-Organized
Crime Task Force (PAOC-TF), and the Reaction Against
Crime Task Force (REACT-TF) with the RTCs of Manila
and Quezon City:

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Search and Seizure (Rule 126)

(a) The Executive Judge and Vice Executive Judges of RTCs

of Manila and Quezon City
[A.M. No. 99-20-09-SC (25 January 2000)]

4.2. The applications shall be personally endorsed by the

Heads of said Agencies, for the search of places to be
particularly described therein, and the seizure of property
or things as prescribed in the Rules of Court, and to issue
the warrants of arrest, if justified, which may be served in
places outside the territorial jurisdiction of said courts.
[A.M. No. 99-20-09-SC (25 January 2000)]

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Search and Seizure (Rule 126)

5. Subject Property

5.1. Property subject of a search warrant is

personal property, not real property. A search
warrant may be issued not only for the search but
also for the seizure of the following:

(a) Personal property subject of the offense;

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Search and Seizure (Rule 126)

(b) Personal property stolen or embezzled

and other proceeds, or fruits of the offense;
or

(c) Personal property used or intended to be

used as a means of committing an offense.
[Sec. 3, Rule 126, The Revised Rules of Criminal
Procedure]

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Search and Seizure (Rule 126)

6. Requisites for Issuance of a Search Warrant

6.1. It shall not issue except (a) upon probable cause in

connection with one specific offense (b) to be determined
personally by the judge (c) after examination under oath or
affirmation of the complainant and the witnesses he may
produce, and (d) particularly describing the place to be
searched and the things to be seized which may be
anywhere in the Philippines.
[Sec. 4, Rule 126, The Revised Rules of Criminal
Procedure]

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Search and Seizure (Rule 126)

7. Ownership of Property Seized

7.1. The law does not require that the property to
be seized should be owned by the person against
whom the search warrant is directed. Ownership is
of no consequence. It is sufficient that the person
against whom the warrant is directed has control
and possession of the property sought to be
seized.
[Yao v. People, 525 SCRA 108, 138 (2007)]
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Search and Seizure (Rule 126)

8. Validity of Search Warrant

8.1. It shall be valid for ten (10) days from

its date. Thereafter, it shall be void.
[Sec. 10, Rule 126, The Revised Rules of Criminal
Procedure]

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Search and Seizure (Rule 126)

9. Time of Making Search

9.1. The warrant must direct that it be served in
the day time, unless the affidavit asserts that the
property is on the person or in the place ordered
to be searched, in which case a direction may be
inserted that it be served at any time of the day or
night.
[Sec. 9, Rule 126, The Revised Rules of Criminal
Procedure]
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Search and Seizure (Rule 126)

10. Manner of Making the Search

10.1. No search of a house, room, or any other

premises shall be made except (a) in the presence of
the lawful occupant thereof or (b) any member of his
family or (c) in the absence of the latter, two
witnesses of sufficient age and discretion residing in
the same locality.
[Sec. 8, Rule 126, The Revised Rules of Criminal
Procedure]

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Search and Seizure (Rule 126)

11. Right to Break Door or Window to Effect

Search
11.1. The officer, if refused admittance to the place of
directed search after giving notice of his purpose and
authority, may break open any outer or inner door or
window of a house or any part of a house or anything
therein to execute the warrant or liberate himself or
any person lawfully aiding him when unlawfully
detained therein.
[Sec. 7, Rule 126, The Revised Rules of Criminal
Procedure]
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Search and Seizure (Rule 126)

12. Assailing the Issuance of a Search

Warrant
12.1. The legality of a seizure can be contested
only by the party whose rights have been impaired
thereby, and the objection to an unlawful search
and seizure is purely personal and cannot be
availed of by third parties.
Santos v. Pryce Gases, Inc., 538 SCRA 474, 481
(2007)

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Search and Seizure (Rule 126)

13. Warrantless Search

13.1. (a) Warrantless search incidental to a lawful
arrest;
(b) Seizure of evidence in plain view;
(c) Search of a moving vehicle (Carroll Doctrine);
(d) Consented warrantless search;
(e) Customs search;

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Search and Seizure (Rule 126)

(f) Stop and frisk/Terry searches;

(g) Exigent and emergency circumstances;
(h) Search of vessels and aircraft; and
(i) Inspection of buildings and other premises for
the enforcement of fire, sanitary and building
regulations.
[Valeroso v. Court of Appeals, 598 SCRA 41, 54
(2009)]

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Search and Seizure (Rule 126)

14. Search Incident to Lawful Arrest

14.1. A person lawfully arrested may be
searched for (a) dangerous weapons or (b)
anything which may have been used in the
commission of an offense or (c) constitute
proof in the commission of an offense.
[Sec. 13, Rule 126, The Revised Rules of Criminal
Procedure]
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Search and Seizure (Rule 126)

15. Area of Search in Search Incident to

Lawful Arrest
15.1. It is the duty and right of the arresting
officer to conduct a warrantless search not only on
the person of the suspect but also within the
permissible area within the latter’s reach/within
the area of his immediate control.
[Valeroso v. Court of Appeals, 598 SCRA 41, 54
(2009)]

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Search and Seizure (Rule 126)

16. Car Search Doctrine/Carroll Doctrine

16.1. Warrantless search of a moving vehicle is

justified on the ground that it is not practicable to
secure a warrant because the vehicle can be
quickly moved out of the locality or jurisdiction in
which the warrant must be sought.

[People v. Tuazon, 532 SCRA 152, 167-168 (2007)]

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Search and Seizure (Rule 126)

16.2. Peace officers are limited only to routine checks

where the examination of a vehicle is limited to visual
inspection. When a vehicle is stopped and subject to
extensive search, such would be permissible only if the
officers made it upon probable cause, i.e., upon a belief,
reasonably arising out of circumstances known to the
seizing officer, that an automobile or other vehicle contains
an item, article or object which by law is subject to seizure
and destruction.
[People v. Lacerna, 278 SCRA 561 (1997)]

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Search and Seizure (Rule 126)

17. Checkpoints
17.1. Under exceptional circumstances, checkpoints may be
allowed and installed by the government. However, when
the situation clears and such grave perils are removed,
checkpoints will have absolutely no reason to remain. For
as long as the vehicle is neither searched nor its occupants
subjected to a body search, and the inspection of the
vehicle is limited to visual search, said routine checks
cannot be regarded as violative of an individual’s right
against unreasonable search.
[Valmonte v. De Villa, 185 SCRA 665, 668-669 (1990)]

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Search and Seizure (Rule 126)

17.2. There is nothing in the law that

authorizes checkpoint-manning policemen to
order the occupant of a car to get out of the
vehicle for a search of both his body and the
vehicle.

[Sydeco v. People, 740 SCRA 288 (2014)]

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Search and Seizure (Rule 126)

18. Plain View Doctrine

18.1. Requisites:

(a) The law enforcement officer in search of

the evidence has a prior justification for an
intrusion or is in a position from which he
can view a particular area;

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Search and Seizure (Rule 126)

(b) Discovery of the evidence in plain view is

inadvertent; and
(c) It is immediately apparent to the officer that
the item he observes may be evidence of a crime,
contraband or otherwise subject to seizure.

[Zalameda v. People, 598 SCRA 537, 553-554 (2009)]

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Search and Seizure (Rule 126)

18.2. An object is in plain view if it is plainly exposed to

sight. If the package proclaims its contents, whether by its
distinctive configuration, its transparency, or if its contents
are obvious to an observer, then the contents are in plain
view and may be seized. If the package is such that an
experienced observer could infer from its appearance that
it contains the prohibited article, then the article is deemed
in plain view.

[People v. Nuevas, 516 SCRA 463, 478 (2007)]

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Search and Seizure (Rule 126)

18.3. The officer must not have known in

advance of the location of the evidence and
discovery is not anticipated.

[United Laboratories v. Isip, 461 SCRA 574, 596

(2005)]

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Search and Seizure (Rule 126)

19. Terry Search/Stop and Frisk

19.1. The officer should have a reasonable belief

based on a genuine reason, and in the light of the
officer’s experience and the surrounding
circumstances, that a crime has either taken place or
is about to take place and the person to be stopped is
armed and dangerous.

[Esquillo v. People, 629 SCRA 370, 383-384 (2010)]

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Search and Seizure (Rule 126)

19.2. Genuine reason should emanate from the

officer’s own observation and assessment of the facts.
[People v. Cogaed, 731 SCRA 427 (2014)]

20. Consented Search

20.1. Consent must be voluntary.
[People v. Nuevas, 516 SCRA 463, 482 (2007)]

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Search and Seizure (Rule 126)

20.2. Consent must be shown by clear and

convincing evidence. It is the State which
has the burden of proving, by clear and
positive testimony, that the necessary
consent was obtained and that it was freely
and voluntarily given.

[Valdez v. People, 538 SCRA 611, 614 (2007)]

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Search and Seizure (Rule 126)

21. Fruit of the Poisonous Tree

Doctrine

21.1. Any evidence obtained through an

unlawful search is inadmissible in evidence
against the accused for any purpose in any
proceeding.

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Search and Seizure (Rule 126)

21.2. The illegality of the search and seizure

will result in the application of the
exclusionary rule and will prevent, upon
proper motion or objection, the admission of
evidence illegally obtained.

[Villanueva v. People, 740 SCRA 456 (2014)]

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Provisional Remedies
(Rule 127)
1. Availability

1.1. The provisional remedies in civil actions,

insofar as they are applicable, may be availed of in
connection with the civil action deemed instituted
with the criminal action.
[Sec. 1, Rule 127, The Revised Rules of Criminal
Procedure]

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