CRIMINAL PROCEDURE

I. PRELIMINARY CONSIDERATIONS

A. Basic Concepts
- Criminal procedure – series of processes by which the criminal laws are enforced and by which the
State prosecutes persons who violate penal laws.
- Starts with the initial contact of the alleged lawbreaker with the justice machinery.
ma chinery.
- Concludes with judgment exonerating accused or final imposition of a penalty against him.
- Ultimate goal – harmonizing the governmental functions of maintaining and promoting
law and order, while at the same time protecting the constitutional rights of its citizens.
- Philippines follows adversarial /accusatorial system
- Two contending parties (prosecution and defense) before court which hears them
impartially and renders judgment after trial
- Court has passive role (vs. inquisitorial system, where court plays active role and is not limited
to evidence presented before it)
- Criminal procedure rules are part of rules of court. Liberally interpreted in order to promote its
objective of securing a just, speedy, and inexpensive disposition of every action and proceeding.
- Due process is mandatory. Alonte v Savellano
S avellano,, requirements of due process in a criminal proceeding:
1. Court or tribunal trying case is properly clothed with judicial
ju dicial power
po wer to hear and determine the
matter before it
2. Jurisdiction is lawfully acquired by it over the person of the accused
3. Accused is given opportunity to be heard
4. Judgment is ren
rendered
dered only upon lawful hearing

B. Criminal Jurisdiction of Courts

- NB: jurisdiction over a criminal case is determined by the allegations in the information .
- Requisites for the exercise of criminal jurisdiction:
o ver the subject matter
1. Jurisdiction over
• Power and authority to hear and determine issues of facts and of law. Specifically,
authority to hear and try a particular offense and impose the punishment for it.
• Conferred by law.
• Conferment must be clear. Cannot be presumed. Thus, it cannot be fixed
by the will of parties nor can it be acquired/diminished by any act of the

•
parties.
Determined by the law in force at the time of the institution of the
action.
• If penalty is important in determining jurisdiction , consider penalty which
may be imposed, and not actual penalty imposed after trial. (NB: in
complex crimes, jurisdiction is with court having jurisdiction to impose
maximum and most serious penalty imposable .)
• Principle of adherence of jurisdiction/continuing jurisdiction – once a court has
acquired jurisdiction, jurisdiction continues until the court has done all that it
can do in the exercise of that jurisdiction
• Cannot be withdrawn or defeated by amendment of information.
Cannot also be lost by new law amending rules of jurisdiction.
• Exception – when the statute expressly so provides, or is construed to
such effect

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 • Objection and waiver
• Objection based on the ground that the court lacks jurisdiction over the
subject matter may be raised or considered by the court at any stage of
the proceeding or on appeal
• But Tijam v Sibonghanoy: a party may be estopped from questioning the
jurisdiction of the court for reasons of public policy , as when he initially
invokes the jurisdiction of the court then later on repudiates the same
jurisdiction.
only broughtHowever, is to
Tijamnot
to bear when exception rather
do so will thanthe
subvert general rule.
ends of Estoppel is
justice.
2. o ver the territory
Jurisdiction over
• Action shall be instituted and tried in the court of the municipality or territory
wherein the offense
off ense was committed, or where
wh ere any one of the essential
essen tial ingredients
took place.
• Exceptions:
a. Where the SC, pursuant to its constitutional powers, orders a change of
venue to avoid a miscarriage of justice.
b. If case cognizable by the Sandiganbayan, court can hold sessions at any time
and place, even outside the territorial boundaries of the Philippines,
where the interest of
o f justice so requires.
requires .
c. See other rules on venue below.
3. o ver the person of the accused
Jurisdiction over a ccused
•
Acquired uponu pon arrest/apprehension
arrest /apprehension or voluntary appearance or submission to the
jurisdiction of the court
• Voluntary submission – filing a motion to quash (except if in regard to
warrant of arrest), appearing for arraignment, participating in the trial, giving
bail
• Not considered voluntary submission – making a special appearance in court
to question court’s jurisdiction, filing motion to quash warrant of arrest
• Being under the jurisdiction of the court is different from being in the custody of law.
The latter refers to custody
cu stody over the bod
bodyy of the accused,
accused , e.g. detention
- Criminal jurisdiction of courts
a. Municipal Trial Court, Municipal Circuit Trial Court, Metropolitan Trial Court (MTC)
• Except cases falling within the exclusive original jurisdiction of RTC and of the
Sandiganbayan, exclusive original jurisdiction over:
1. All violations of city or municipal ordinances committed within their respective
territorial jurisdiction.
2. All offenses punishable with imprisonment not exceeding 6 years (regardless of
accessory penalties).
3. Offenses punishable by fine only, fine of not more than Php4000 .
4. Offenses involving damage to property through criminal negligence.
5. Violations of BP22 (Bouncing Checks Law)
6. Summary procedure in:
• Violations of traffic laws, rules, and regulations; rental law; municipal or
city ordinances
• All other criminal cases t he penalty prescribed by law is imprisonment
case s where the
not exceeding 6 months, or fine not exceeding Php1000, or both
• Offenses involving damage to property through criminal negligence
where imposable fine does not exceed Php10,000.
7. Special jurisdiction to decide on applications for bail in criminal cases, in the absence
of all RTC judges in a province or city.

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b. Regional Trial Court ( RTC)
1. Exclusive original jurisdiction in all criminal cases not within the exclusive
jurisdiction of any court, tribunal, or body.
2. Exclusive original jurisdiction over criminal cases under specific laws
• Written defamation
defama tion or libel
• Special commercial courts – violations of intellectual
intellectu al property rights
• Omnibus Election Code
•
Money laundering cases (unless committed by public officers, or private
individuals in conspiracy with public officers in which case
Sandiganbayan will have jurisdiction)
• CDDA (RA 9165)
• Family courts – criminal cases where one or more of the accused is 9-below
18, violations of RA7610 ( child abuse) or VAWC , or if offended party is a
minor
3. Appellate jurisdiction over all cases decided by the MTC within its territorial
jurisdiction
4. Special jurisdiction to handle exclusively criminal cases as designated by the
Supreme Court
c. Sandiganbayan, original jurisdiction in cases involving:
1. Violations of RA3019 (AGCP), RA1379 (forfeiture), Chapter II Section 2 Title VII
Book II of the RPC (bribery) – where one or more of the accused are officials
occupying the following positions in government, whether in a permanent, acting, or
interim capacity, at the time of the commission of the offense:
• Executive branch – positions of regional director and higher/ Grade 27 and
higher on Compensation and Position Classification Act . Specifically
including (nb: regardless of salary grade):
Provincial Governors, vice-governors, members of the sangguniang
officials panlalawigan, provincial treasurers, assessors, engineers, other
department heads
City Mayors, vice-mayors, members of the sangguniang
officials panlungsod, city treasurer, assessors, engineers, and other
department heads
Diplomatic Consul and higher
Army Army and air force colonels, naval captains, and higher
high er
PNP Provincial director, and senior superintendent or higher
Prosecs City and provincial prosecutors and their assistants, officials
and prosecutors, and special prosecutor in the Office of the
Ombudsman
GOCCs Presidents, directors or trustees, managers of GOCCS, state
universities or educational institutions or foundations

• Congress – officials classified as Grade 27 and up

• Judiciary – all members, without prejudice to the provisions of the
Constitution
• Chairmen and members of Constitutional Commissions, without
prejudice to the provisions
p rovisions of the C Constitution
onstitution
• All other national
nat ional and local
l ocal officials classified
cla ssified as Grade
G rade 27 and higher (if
not, then RTC ! Sandiganbayan ! SC)

2. Other offensesofficials
by the public or felonies, whetherabove,
mentioned simpleinorrelation
complexed with office
to their other crimes committed

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 • Relation to office has to be such that, in the legal sense, the offense cannot
exist without the office
• Or the information avers (requires specific factual averments) an
intimate connection between the office and the offense
3. Civil and criminal cases filed pursuant to and in connection with EO 1, 2, 14, and 14-A
(1986)
• Exclusive original jurisdiction over amounts more than Php1M
•
Exclusive appellate jurisdiction over RTC judgments (no amount stated
or less than Php1M)
Exclusive original jurisdiction over petitions for the issuance of writs of
•

mandamus, prohibition, certiorari, habeas corpus, mas, etc.

d. Court of Tax Appeals
1. Exclusive original jurisdiction over criminal violations of the National Internal
Revenue Code, Tariff and Customs Code, other laws administered by the BIR or
Customs if principal amount of taxes and fees involved is at least Php1M. (If less than
Php1M, then RTC ! CTA ! SC)
2. Exclusive appellate jurisdiction in other tax cases and tax collection cases
e. Court of Appeals
1. Exclusive original jurisdiction over actions for annulment of RTC judgments
2. Exclusive appellate jurisdiction over all final judgments, decisions, resolutions,
orders, or awards of the RTC
•
Except those falling within appellate jurisdiction of the SC in accordance
with the Constitution,
Co nstitution, Labor
L abor Code, Judiciary
Judici ary Act, etc.
f. Supreme Court
1. Appellate jurisdiction over SB, CTA, and
a nd CA decisions .
2. Automatic review of all criminal cases in which the penalty imposed is reclusion
perpetua or higher
high er

II. PROSECUTION OF OFFENSES (RULE 110)

A. Institution of Criminal Actions

- How to institute criminal action:
1. If preliminary investigation required (penalty prescribed by law is at least 4 years, 2 months, and 1 day)
– file complaint
comp laint with the proper officer for the purpose of conducting the requisite preliminary investig
investigation.
ation.
2. For all other offenses – file:
a. Complaint or information directly with the MTC (Metropolitan TC ! City; Municipal TC !
municipality;
municipalit y; Municipal Circuit TC ! court servicing several municipalities)
b. Complaint with the office of the prosecutor
c. In Manila and other chartered cities, the complaint shall be filed with the office of the prosecutor unless
otherwise provided in their charters
- Institution of criminal action interrupts the running period of prescription of the offense charged unless otherwise provided in
special laws.
- RPC background: prescription runs from the day the crime is discovered by the offended
party, the authorities, or their agents, and shall be interrupted by the filing of the
complaint or information. Shall commence to run again when the proceedings terminate
without the accused being convicted or acquitted, or are unjustifiably unjustifiab ly stopped for any
reason not imputable to him.
- What exactly interrupts
i nterrupts prescription
pres cription
• “Institution of criminal action” – PI or direct filing with court.

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 • But can even be stopped earlier, such as if investigation of another body is indispensible
before PI (eg SEC v Interport). In general, whatever is the initial step of the
proceedings against the offender. If you can detect that a step is necessary before
filing case, then that’s the beginning of the interruption.
• People v Panglininan: even in special laws and municipal ordinances (governed by
Act3326), the rule
ru le should be the same.
- People v Bautista: prescription does not run again due to delays on the part of the

prosecution . Unjust
delays that are to deprive
not under the injured
his control. Moreparty of right course
appropriate to obtain vindication
of action on be
should account of
fling of
disciplinary action against erring officials.

B. Prosecution of Criminal Actions

- All criminal prosecutions are under the direction and control of the public prosecutor (PP).
- Because 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.
- Direction and control – public prosecutor
prosecut or alone has power
p ower to:
a. Determine whether a prima facie case exists ex ists
b. Decide which of the conflicting
conf licting testimonies should be believed
c. Subject only to the right against self-incrimination, determine which witnesses to
present in court
• He may turn over the actual prosecution of the case to the private prosecutor , in
the exercise of his discretion, but he may at any time, take over.
• Not even the Supreme Court can order against the discretion of the PP. The only
possible exception
ex ception to the rule is where there is an unmistakable un mistakable showing of GAD
on the part of the PP.
- Effect of absence:
• People v Go: people/PP indispensable
indispensab le party in criminal cases. If not impleaded,
jurisdictional defect.
• Pinote v Ayco: PP has right to participate in trial, and hearings conducted in his
absence are void. Denial of due process to the State.
- Exception: in MTC when the prosecutor assigned thereto or to the case is not available, the offended party, any
peace officer, or public
p ublic officer charged with the
t he enforcement
enf orcement of the
th e law violated (OPP) may prprosecute
osecute the case.
cas e. This
Thi s
authority ceases upon actual intervention
intervention of the prosecutor or upon elevation of the case to the RTC.
- Appearance of a private prosecutor
prosecu tor (RP)
- Where the civil action for recovery of civil liability is instituted in the criminal action, the offended party may
intervene by counsel in the prosecution of the offense.
- RP may prosecute up to the end of the trial even in the absence of PP if:
a. He is authorized to do so in writing by either the Chief of the Prosecution Office
or the Regional State Prosecutor.
b. Authorization is given because (i) ( i) PP has a heavy work schedule or (ii) there is a lack
of public prosecutors.
c. Written authorization
authorizat ion is approved by b y the court.
• NB: authorization may be revoked or withdrawn.
- Special rules with regard to private crimes and special laws:
- 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 alive,
nor, in any case, if the offended party has consented to the offense or pardoned the offenders.
•

- Consent/pardon
Seduction, abduction, may be express or implied.
and acts of lasciviousness:

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 • 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.
• The offended party – even if a minor.
• Where the offended party, who is a minor, fails to file the complaint, her parents,
grandparents,
grandpar ents, or guardian may file the same. The right to file the action granted to parents,
grandparents
grandpar ents or guardian shall be exclusive of all other persons and shall be exercised
successively in the order herein provided, except that…
•
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.
• People v dela Cerna: pardon must be given before complaint is filed. After filing of
complaint, control of prosecution is removed from offended party’s hands.
- Defamation which consists in the imputation of the above crimes – only offended party can initiate
criminal action.
- Special laws – shall be governed by the provisions thereof.

C. Complaint and Information

- Complaint – sworn written statement charging a person with an offense, subscribed by the OPP
- Information – an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the
court.
- Confers jurisdiction on the court over the person accused and the subject matter of the
accusation.
- The complaint or information shall be in writing, in the name of the People of the Philippines and against all persons who
appear to be responsible for the offense involved.
- Requisites – complaint or information sufficient if it states the:
1. Name of theth e accused
• If offense committed by more than one person, all of them shall be included
• Must state
stat e the name
na me and surname or any appellation
appella tion or nickname by which he has been or is known.
know n. If
his name cannot be ascertained, he must be described under a fictitious name with a statement that his
true name is unknown. If the true name of the accused is thereafter disclosed by him or appears in some
other manner to the court, such true name shall be inserted in the complaint or information and record.
• Defect – not fatal, especially when sufficient evidence is adduced to show that the
accused is pointed to as one of the perpetrators of the crime. However, the identity of
the accused must be proven.
2. Designation of the offense given by the statute
•

If there is it.
punishing ino
t. designation of the offense, reference shall be made to the section or subsection of the statute
• A complaint or information
informati on must charge but one offense, except when the law prescribes a single
punishmentt for various
punishmen vario us offenses.
offens es.
• Defect – not fatal, if the facts alleged clearly recite the facts constituting the crime
charged.
3. complaine d of as constituting the offense, with (if any) qualifying and aggravating
Acts or omissions complained
circumstances
• Must beb e stated
sta ted in
i n ordinary
ord inary and concise language and not necessarily
ne cessarily in the language used in the statute.
In terms sufficient to enable a person of common understanding to know what offense is being charged as
well as its qualifying and aggravating circumstances
circumstances and for the court to pronounce judgment.
• Need not be preceded by descriptive words such as “qualifying” etc. It is not the use of
the words that raises a crime to a higher category, but the specific allegations of
facts.
•
People v Bayabos: the elements of the crime must be in the information, and not
simply the technical term for the offense (hazing).

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 • Defect – fatal. Would result in quashal quas hal of information.
informat ion.
• If failed to mention qualifying circumstances, cannot be considered in
determination of penalty.
4. Name of the
th e offended
offende d party
• Name and surname, or any appellation
appella tion or nickname by which such person has been or is known. If
there is no better way of identifying him, he must be described under a fictitious name.
• If juridical person, it is sufficient to state its name, or any name or designation by which it is known or
by which it may be identified, without need of averring that it is a juridical person or that it is organized
in accordance with law.
• In offenses against property, if the name of the offended party is unknown, the property must be described
with such particularity as to properly identify the offense charged. If the true name is thereafter disclosed
or ascertained, the court must cause the true name to be inserted in the complaint or information and the
record.
• Defect – not fatal, for as long as the criminal act charged in the complaint or
information can be properly identified.
• Senador v People: in offenses against property, if the subject matter of the
offense is generic and not identifiable, an error in the designation of the
offended party is fatal. If the subject matter of the offense is specific and
identifiable, an error in the designation of the offended party is
immaterial.
5. Approximate
Approxima te date of the commission
commiss ion of the offense
o ffense
• Not necessary to state 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 its commission.
6. Place where the offense was committed.
• Sufficient if it can be understood from its allegations that the offense was committed or some of the
essential ingredients occurred
occurred at some place within the jurisdiction of the court, unless the particular place
where it was committed constitutes
constitutes an essential element of the offense or is necessary for its identification.
- Purpose of the requirement for validity and sufficiency is to enable the accused to
suitably prepare for his defense . The test is whether the crime is described in intelligible intelligible terms
with such particularity as to apprise the accused, with reasonable certainty, of the offense
charged.
- Waiver and objection – accused is deemed to have waived his right if he fails to object upon
arraignment or during trial (ie he voluntarily enters plea and participates in the trial).
- Lasoy v Zenarosa: conviction for lower offense/acquittal based on a valid information, even
though details in the information which do not affect its validity turn out to be wrong
(such as larger amount of drugs in this case), is final. The case cannot be reopened if it
would constitute
constitut e double jeopardy.

D. Venue
- Subject to existing laws, the criminal action shall be instituted and tried in the court of the municipality or territory where the
offense was committed or where any of its essential ingredients occurred.
occurred.
- Special circumstances to consider:
a. Offense committed in train, aircraft, or other public or private vehicle while in the course of its trip – court of
any municipality or territory where such train, aircraft or other vehicle passed during such trip, including the place
of its departure and arrival.
b. Offense committed on board a vessel in the course of its voyage – court of the first port of entry or of any
municipality or territory where the vessel passed during such voyage, subject to the generally accepted principles of
international law.

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 c. Crimes committed outside the Philippines but punishable under Art 2 RPC – cognizable by the court where the
criminal action is first filed.
• Offense while on a Philippine ship or airship
• Forgery or counterfeiting any coin or currency note of the Philippine Islands or
obligation and securities issued by the Government of the Philippines
• Acts connected with the introduction into these islands of the obligations and
securities mentioned above
•
While being public officer and employees, should commit an offense in the
exercise of their functions
• Any of the crimes against national security (Treason, conspiracy and proposal to
commit treason, misprision of treason, espionage , inciting to war and giving motives for
reprisal , violation of neutrality , correspondence with hostile country , flight to enemy’s
country) and the law of nations (piracy and mutiny under Art 122 and qualified piracy
under Art 123)
d. Written defamation
defam ation
• May be filed where the libelous article was printed and first published , or where
the offended party held office (if public official) or resided (if private individual)
at the time of the commission of the offense,
• Either one of these statements must be alleged in the information itself and the
absence of both from the very face of the information renders the latter fatally defective.
• If libelous material published online , can only be filed where any of the offended
parties reside.
e. If continuing crime, file in any court in place where any of the elements occurred , it being
understood that the first court taking cognizance of the case excludes the other.
• In BP22, material acts are drawing, issuing, delivery, and dishonor of check.
• In estafa, (a) property received in trust, (b) misappropriation, (c) to the prejudice
of another, (d) there is demand by offended party.
f. Perjury – if committed through the making of a false affidavit, committed at the time the
affiant subscribes and swears to affidavit. If committed through false testimony under
oath, venue is at the place where the testimony is given. If in lieu of or as supplement to
the actual testimony made, a written sworn statement is submitted, venue may either be
at the place where the sworn statement is submitted or where the oath was taken.

E. Amendment/Substitution of Complaint or Information

- Amendment
- If done before accused enters plea – whether in substance or in form, valid even without
leave of court. (Leave of court = permission of the court)
•Exceptions – leave of court, upon motion by the prosecutor, and with notice to the offended party
required if (a) amendment downgrades the nature of the offense charged or (b) excludes any accused
from the complaint
com plaint or information.
informati on.
• Court is mandated to state reasons in resolving motion and to furnish all parties, especially
offended party, of copies of its order.
- After the plea
pl ea and during
d uring the trial
tri al
•Formal amendment only if (a) with leave of court and (b) when it can be done without causing prejudice
to the rights of the accused.
•How to know if formal or substantial – test is whether amendment would (a) alter the
theory of the prosecution and (b) change the defense/evidence the defendant
would need to present.
p resent.

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- Substitution
- 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 the filing of a new one charging the proper offense.
• Provided the accused shall not be placed in double jeopardy. (Needs to be completely different
offense in order not to institute double jeopardy , e.g. murder ! in furtherance of
rebellion)
- The court may require the witnesses to give bail for their appearance at the trial.

- Distinctions
•
from amendment:
Necessarily involves substantial change (vs. formal). Essentially charging a
distinct and different offense from original offense.
•There is identity between the two offenses when the evidence to support a
conviction for one offense would be sufficient to warrant a conviction for the
other, or when the second offense is exactly the same as the first, or when the
second offense is an attempt to commit or the frustration of, or when it
necessarily includes or is included in, the offense charged in the first
information.
• Would entail another
an other PI, plea, and
a nd information

III. PROSECUTION OF CIVIL ACTION (RULE 111)

- Basic- principles/ideas:
principles/i
Art 100 RPCdeas:– every person criminally liable for a felony is also civilly liable.
• Corpus v Siapno: court trying criminal case must also judge on civil liability of
accused.
• Exceptions – when no actual damage results from an offense (eg espionage,
violation of neutrality,
neu trality, etc).
etc) .
- Purpose of civil action – the resolution, reparation, or indemnification of the private
offended party for the damage or injury he sustained.
- Parties in interest in civil action – offended party and accused. Public prosecutor generally has
no interest.
- Applicable rule in civil action instituted with criminal action – Rules of Criminal
Procedure and not Rules of Civil Procedure.
- General rule: 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.
- Filing fees:
•Actual damages
damag es
•Except as otherwise
o therwise provided
p rovided in these Rules,
Ru les, no filing
fi ling fees shall
sh all be required
re quired for
fo r actual damages.
da mages.
•In cases of violation of BP 22. Offended party shall pay in full the filing fees based on
the amount of the check involved, which shall be considered as the actual damages claimed.
•Moral, exemplary, nominal, temperate, liquidated damages
•Corresponding filing fees shall be paid by the offended party upon the filing thereof in court.
•If no amount specified in complaint or information, the filing fees thereof shall constitute a first
lien on the judgment awarding such damages.
- No counterclaim,
counterclaim , cross!claim or third!party complaint may be filed by the accused in the criminal case, but any
cause of action which could have been the subject thereof may be litigated in a separate civil action.
- Exceptions :
1. Offended party waives civil action.
2. Or reserves the right to institute it separately.

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 • Shall be made before the prosecution starts presenting its evidence and under circumstances affording the
offended party a reasonable opportunity to make such reservation.
• Exception – no reservation to file civil action separately for violation of BP 22 shall be allowed.
• Sarmiento v CA:CA: if court decision is completely silent on civil liability, this is
deemed an implied reservation if such can be supported by the facts of the case
(such as if private prosecutor does not actively intervene in proceedings/when he moves
to withdraw his appearance)
3. Or institutes the civil action prior to the criminal action.
• If criminal action filed first – civil action cannot be instituted until after final judgment
• If the criminal action is filed after – civil action shall be suspended in whatever stage it may be found
before judgment on the merits, until final judgment is rendered in the criminal action.
• Pending civil action may also be consolidated with the criminal action in the court trying the
criminal action.
• How to consolidate – motion of the offended party, application with criminal court
• In case of consolidation, the evidence already adduced in the civil action shall be deemed
automatically reproduced in the criminal action without prejudice to the right of the prosecution
to cross!examine the witnesses presented by the offended party in the criminal case and of the
parties to present
pres ent additional
add itional evidence. The consolidated
cons olidated criminal and civil
civ il actions
action s shall
shal l be tried
and decided jointly.
• During the pendency of the criminal action, the running of the period of prescription of the civil action
which cannot be instituted separately or whose proceeding has been suspended shall be tolled.
4. In case of independent civil action
• Independent civil actions:
a . Art 32 CC – civil code counterpart of Bill of Rights
b. Art 33 CC – defamation, fraud, and physical injuries
c. Art 34 CC – member of city or municipal police force refuses or fails to
render aid or protection to any person in case of danger to life or property
d. Art 2176 CC – quasi-delicts
e. Contractual obligations, and all other civil actions based on obligations not
arising from the act or omission complained of as a felony.
• Shall proceed independently of the criminal action (and shall require only a preponderance of evidence).
Implications:
• Right to bring foregoing actions need not be reserved in criminal prosecution.
Institution or waiver of right to file separate civil action arising from the

crime
action.charged does not extinguish right to bring independent criminal
• Even if a civil action is filed separately, civil liability in criminal prosecution
remains.
• Independent civil action not affected by the results of criminal action.
• Qualification – offended party cannot recover damages twice for the same act or omission charged in the
criminal action.
- Effect of death of the accused on civil action
a. After arraignment
arrai gnment and during pendency
pen dency of criminal
crim inal action:
action :
• Civil liability arising from delict extinguished.
• Independent civil action may be continued
• If quasi-delict or based on injury to person or property, file against
executor/legal representative of estate.
• If contractual, file against estate.

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 b. Before arraignment – case shall be dismissed without prejudice to any civil action the offended party may file
against the estate of the deceased.
- Prejudicial question:
- Definition – an issue involved in a civil case which is similar or intimately related to the issue
raised in the criminal action , the resolution of which determines whether or not the
criminal action may proceed. Allows for the suspension of the criminal case in order to
await resolution of prejudicial question in civil case.
- Requisites:
a. Civil action is instituted previously or ahead of criminal action.
• Also means that civil action is being tried in a tribunal different from that
trying criminal action.
• San Miguel v Perez: action for specific performance is civil, although according to
the rules it is filed with administrative body.
b. Involves an issue similar or intimately related to the issue raised in the subsequent criminal action
c. Resolution of such issue determines whether or not the criminal action may proceed.
• San Miguel v Perez: prejudicial question need not conclusively resolve the
guilt or innocence of the accused. It is enough for the prejudicial
question to simply test the sufficiency of the allegations in the
information in order to sustain the further prosecution of the criminal
case.
- A petition for
f or suspension
suspen sion of the criminal action
a ction based upon the pendency
p endency of a prejudicial
prejudici al question
questio n may be filed:
fi led:

a. When
b. In the office of the prosecutor
the criminal conducting
action has been filedtheinpreliminary investigation.
investigatio
court for trial, n. to suspend shall be filed in the
the petition
same criminal action at any time before the prosecution rests.
- More on the relationship of criminal and civil actions:
- Final judgment rendered in a civil/administrative action absolving the defendant from civil liability is not a bar
to a criminal action against the defendant for the same act or omission subject of the civil action.
- Payment of or compromise upon civil liability does not extinguish criminal liability.
- The extinction of the penal action does not carry with it extinction of the civil action.
• Where reasons for extinction of penal action are (a) acquittal based on reasonable
doubt, (b) court declares that liability of the accused is only civil, (c) civil liability is
independent of crime.
• However, civil action based on delict shall be 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.
• Trial court, in case of acquittal of accused, must state whether prosecution
absolutely failed to prove guilt or merely failed to prove guilt beyond reasonable
doubt. And in either case, it shall determine if the act or omission from which the civil
liability might arise did not exist.

IV. PRELIMINARY INVESTIGATION (RULE 112)

- 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 responde
respondent
nt is probably
probabl y guilty thereof, and should be held for
trial.
- Ultimate purpose – to secure innocent against hasty, malicious, and oppressive
prosecution and to protect him from an open and public accusation of a crime, from the
trouble, expenses, and anxiety of a public trial , and also to protect the State from useless
and expensive prosecutions.

Criminal Procedure Reviewer | VaMitch| 11

 • Not a trial. Does not involve the examination of witnesses by way of direct or cross-
examination. Not the occasion for the full and exhaustive display of the parties’
evidence. Purpose is not to declare respondent guilty beyond reasonable doubt.
• Executive in nature. Not a judicial function.
• Public prosecutor exercises a wide latitude of discretion in determining whether
a criminal case should be filed in court. Courts must respect the exercise of
such discretion when (a) the information filed against the person is valid on
its face, and that (b) no manifest error or grave abuse of discretion (Rule
65) can be imputed to the public prosecutor. (Compare with if quasi-judicial,
then the courts may interfere through review – Rule 43).
• Cannot be compelled through mandamus since such would apply only
for ministerial functions.
• No need to strictly conform with rules of procedure.
- Probable cause
• Does not import absolute certainty. Requires more than bare suspicion but less than
evidence to justify a conviction.
• Based on reasonable belief, the judgment of the
average/ordinary/prudent/cautious man based on common sense.
• Ombudsm an: hearsay evidence can even be admitted, as long as there is
Estrada v Ombudsman:
substantial basis for crediting hearsay.
• Note – other instances in law in which probable cause is determined:
2. Warrant of arrest
arres t (judge)
3. Search warrant (judge)
4. Warrantless arresta rrest (arresting officer)
of ficer)
- Nature of the right to a preliminary investigation:
• Not a fundamental right and not included in the Bill of Rights. May be invoked only
when specifically
speci fically created
create d by statute.
statute .
• But when granted by a statute, the right is not a mere formal or technical right, but a
substantive right (thus, can be waived)
• Waiver or objection
objec tion
• Accused must raise issue before he enters his plea (by refusing to enter
plea, or filing motion for reinvestigation). The court shall resolve the matter as
early as practicable but not later than the start of the trial.
• Failure to invoke right before entering plea will amount to a waiver.
•
Participation in irregular preliminary investigation amounts to estoppel.
• An application for or admission of the accused to bail does not bar him from
raising such question.
- When required:
requi red:
- Offenses where the penalty prescribed by law is at least 4-2-1 without regard to the fine.
- Exception: when a person is lawfully arrested without a warrant. In which case, three possible outcomes:
1. Conduct an inquest – summary investigation, whose purpose is to determine whether
or not the person detained should remain under custody and then charged in
court.
• Inquest officer will summarily examine the arresting officers on the
circumstances surrounding the arrest or apprehension of the detained person. If
inquest officer finds that:
" Arrest should not have been made – recommend release of
detainee. Note: may be a release for further investigation (in which
case detainee shall be given notice of preliminary investigation).

Criminal Procedure Reviewer | VaMitch| 12

 " Arrest properly effected – inquest shall proceed, but first ask
detainee if he wants to avail of preliminary investigation.
• Documents submitted to inquest officer: (a) affidavit of arrest, (b)
investigation report, (c) statements of the complainant and the witnesses ,
(d) other supporting evidence gathered. The first three shall be subscribed
and sworn to before the inquest officer by the affiants.
• Detained person shall be present during the inquest proceedings unless
reasons exists shall
inquest officer that require
would thedispense
presencewith of his
the presence.
complaining If witnesses
necessary, and
the
subject them to an informal and summary investigation for purpose of
determining the existence of probable cause.
• If inquest officer finds that:
" Probable cause exists – prepare corresponding information.
" No probable cause is found – recommend release of detainee.
• Note: inquest must be for the offense for which the detainee was arrested.
2. In the absence or unavailability of an inquest prosecutor, complaint may be filed directly with the proper
court on the basis of the affidavit of the offended party or arresting officer or person.
3. Person arrested may ask for a preliminary investigation.
• Must ordinarily be done before complaint or information is filed . If an
information has already been filed, person arrested may still ask for PI within 5
days from the time he learns of its filing. Accused should address the motion to the
court who has attained jurisdiction of his case.
• Must sign a waiver
w aiver of the provisions o f Article 125 of the RPC (delay in delivery
provisio ns of
of detained persons – 12h for light penalties, 18h for correctional
penalties, 36h for afflictive penalties) . Waiver must be done in the presence of
his counsel. And shall be in writing, and signed by such person. Otherwise, null
and void.
• Notwithstanding
Notwiths tanding the waiver, heh e may apply
appl y for bail.
bail .
• Investigationn must be terminated within 15 days from its inception.
Investigatio
- Who may perform preliminary investigation:
in vestigation:
a. Provincial or City Prosecutors and their assistants
b. National and Regional
Region al State Prosecutors
P rosecutors
c. Other officers as may be authorized by law
• Comelec – all elections offenses punishable under the Omnibus Election Code. Power
to investigate is concurrent with other prosecuting arms of government.
• Office of the Ombudsman – primary jurisdiction over cases cognizable by the
Sandiganbayan, and may take over, at any stage, from any investigation agency of the
government the investigation of such cases.
• SEC – for offenses under the Revised Securities Act
• Etc.
- Their authority to conduct preliminary investigations
investigations shall include all crimes cognizable by the proper court in their
respective territorial jurisdictions.
jurisdictions.
- Procedure for conducting preliminary investigation:
1. File complaint with investigating prosecutor . Sec3(a) – complaint shall:
a. State the address of the respondent
b. Be accompanied by the affidavits of the complainant and his witnesses, as well as other supporting
documents (AS) to establish probable cause.
• The affidavits shall be subscribed and sworn to before any prosecutor or government official

authorized to administer
unavailability, oath (such
before a notary publicas(PGN),
NBI, Senate
each of officer,
who mustetc.), or,
o r, that
certify in their absence or
he personally

Criminal Procedure Reviewer | VaMitch| 13

 examined the affiants and that he is satisfied that they voluntarily executed and understood
their affidavits.
• If no certification, will not invalidate complaint. Mere defect in form.
c. In such number of copies as there are respondents, plus 2 copies for the official file.
2. Within 10 days after the filing of complaint, the investigating officer shall either:
a. Dismiss it if he finds no ground to continue with the investigation
b. Issue a subpoena to the respondent attaching to it a copy of the complaint and its supporting affidavits

and documents
• Note: objects as evidence need not be furnished a party but shall be made available for
examination, copying, or photographing at the expense of the requesting party. If the evidence is
voluminous, the complainant may be required to specify those which he intends to present
against the respondent, and these shall be made available for examination or copying by the
respondent at his expense.
• Note: rule does not include affidavits of other respondents
3. If subpoena is issued:
• Within 10 days from receipt of the subpoena with the complaint and AS, responden respondentt shall submit his
counter!affidavit and that of his witnesses and other supporting documents relied upon for his defense.
• The counter!affidavits shall be subscribed and sworn to and certified as above, with copies
thereof furnished by him to the complainant.
• The respondent shall not be allowed to file a motion to dismiss in lieu of a counter!affidavit.
• Reply to counter-affidavit (reply-affidavit) and rebut to reply-affidavit
(rejoinder-affidavit) also allowed.
• If the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter !affidavits within the
10 day period, the investigating officer shall resolve the complaint based on the evidence presented by the
complainant (ex-parte investigation).
• But respondent is allowed to have proceedings reopened. Should be done
before prosecutor has issued a resolution in the case and should contain
an explanation for the failure to timely file the counter-affidavit.
4. Clarificatory hearing – investigating officer may set a hearing if there are facts and issues to be clarified from a
party or a witness.
w itness.
• The parties can be present at the hearing but without the right to examine or cross!examine. They may,
however, submit to the investigating officer questions which may be asked to the party or witness
concerned.
• The hearing shall be held within 10 days from submission of the counter !affidavits and other documents
or from the expiration of the period for their submission. It shall be terminated within 5 days.
5. Resolution – within 10 days after the investigation, the investigating officer shall determine whether or not there
is sufficient ground to hold the respondent for trial.
• If he finds no cause to hold respondent for trial – recommend dismissal of the complaint.
• If he finds – prepare information.
• He shall certify under oath in the information that he, or as shown by the record, an
authorized officer, has personally examined the complainant and his witnesses; that there is
reasonable ground to believe that a crime has been committed and that the accused is probably
guilty thereof; that the accused was informed of the complaint and of the evidence submitted
against him; and that he was given an opportunity to submit controverting evidence.
• If certification absent, information is still valid.
6. Forward case to boss within 5 days:
• No complaint or iinformatio
nformationn may
m ay be
b e ffiled
iled or dismissed
d ismissed by an investigating
investigati ng prosecutor
p rosecutor without the prior
written authority or approval of the provincial or city prosecutor or chief state prosecutor or the
Ombudsman (for offenses cognizable by the Sandiganbayan in the exercise of its original
jurisdiction) or his deputy.

Criminal Procedure Reviewer | VaMitch| 14

 • They shall act on the resolution within 10 days from their receipt thereof and shall immediately inform
the parties of such action.
• Resolution is to dismiss case – if disapproved by the boss on the ground that a probable cause
exists, the latter may, by himself, file the information against the respondent, or direct any other assistant
prosecutor or state prosecutor
pr osecutor to do
d o so without
witho ut conducting another preliminary
pr eliminary investigatio
i nvestigation.
n.
7. Appealing the decision of the t he prosecutor:
prosecuto r:
• Aggrieved party not precluded
preclude d from filing an MR.
•
If MR is denied, aggrieved party may appeal to Secretary of Justice/Ombudsman.
Justice/Ombudsman.
•Secretary of Justice/Ombudsman shall direct the prosecutor concerned either to file the
corresponding information without conducting another preliminary investigation, or to dismiss
or move for dismissal of the complaint or information with notice to the parties. If he finds
the same to be patently without merit or manifestly intended for delay, or when
the issues raised therein are too insubstantial to require consideration, he may
dismiss the petition outright.
•Chan v DOJ Sec: if case already filed in court, authority of the Justice
Secretary to review the prosecutor’s findings subsists. Court, however, is
not bound by the Resolution of the Justice Secretary, but must evaluate it before
proceeding with the trial. While the ruling of the Justice Secretary is
persuasive, it is not binding on courts.
• If aggrieved party does not like the decision of the Secretary of Justice:
•May file MR.
•May further appeal to the Office of the President if the following conditions conditions
are present, which have to be established as jurisdictional facts: (a) offense
involved is punishable by reclusion perpetua to death, (b) new and material
issues are raised which were not previously presented before the DOJ and
thus were not ruled upon, (c) appeal or petition for review is filed within 30
days from notice, (d) prescription of offense off ense not due with
withinin 6 months.
" If adverse decision, appeal to CA under Rule 43, and then to SC under
Rule 45.
•If decision tainted with grave abuse of discretion, petition for certiorari under
Rule 65 with the Court of Appeals, whose decision may then be appealed to the
SC by way of a petition for review on certiorari.
8. File complaint or information in court.
• Shall be supported by AS.
•

Thetherecord
of recordofofthethepreliminary investigation,
case. However, the court,whether conducted
on its own by aorjudge
initiative or a fiscal,
on motion of anyshall not may
party, formorder
part
the production of the record or any its part when necessary in the resolution of the case or any incident
therein, or when it is to be introduced as an evidence in the case by the requesting party. (This is
because judgment should be based on independent decision of the court and that the
evidence in the PI is not offered by parties as part of the trial)
- Procedure upon filing of complaint or information:
1. Within 10 days from the filing of the complaint or information, the judge shall personally evaluate the resolution of
the prosecutor and its supporting evidence.
•Prosecutor’s report does not bind the judge.
•Note: judicial determination of probable cause is not appellate review. Prosecutor
still maintains direction and control of prosecuting case.
2. May find that:
a. Evidence fails
f ails to establish
es tablish probable
p robable cause
ca use – dismiss
dism iss case.
b. Engenders
within a doubt
5 days. Issueas
amust
s to the
be existence
ex istence within
resolved of probable
p robable cause
30 days – order
from ord er prosecution
filing prosecu tion toorsubmit
of complaint subinformation.
mit additional
additi onal evi
evidence
dence

Criminal Procedure Reviewer | VaMitch| 15

 c. probabl e cause – issue warrant of arrest. Exceptions (when warrant of arrest not
Establish es probable
Establishes
necessary):
i. Complaint or information was filed pursuant to lawful warrantless arrest (in which case,
commitment order)
ii. Offense penalized by fine only.
iii. When the casecas e is subject
subjec t to the rules
rul es on summary procedure.
3. The court shall then proceed in the exercise of its original jurisdiction.
•

Crespo Mogul: once a criminal

beforev arraignment), complaint
any disposition or information
of the is filed
case, dismissal, in courtconviction
acquittal, (and even
rests within the exclusive jurisdiction, competence, and discretion of the trial
court.
• Court’s jurisdiction nor validity of information is not adversely affected by
deficiencies in the preliminary investigation. Absence or irregularity of preliminary
investigation is not one of the grounds for a motion to quash . Courts should not
dismiss information, but should remand the case to the prosecutor so that the
investigation may be conducted.
- Rules for filing when no preliminary investigation required:
1. If the complaint is filed directly with the prosecutor
• Procedure outlined in section 3(a) shall be observed.
• The prosecutor shall act on the complaint based on the affidavits and other supporting documents
submitted by the complainant within 10 days from its filing.
2. If direct filing with court
• Procedure in section 3(a) shall be observed.
• Within 10 days after filing of complaint or information, judge must personally evaluate evidence, or
personally
personal ly examine in writing
writin g and under
un der oath the complainant
compl ainant and
a nd his witnesses in the form
f orm of searching
questions and answers.
a. If no probable cause – dismiss.
b. If insufficient evidence – require the submission of additional evidence, within 10 days
from notice. If the judge still finds no probable cause despite the additional
addition al evidence, he shall,
within 10 days from its submission or expiration of said period, dismiss the case.
c. If probable cause – issue a (i) warrant of arrest, or a (ii) commitment order if the accused had
already been arrested, or (iii) summons if the judge is satisfied that there is no necessity for
placing the accused under
und er custody. And hold him for trial.
tri al.

V. ARREST, SEARCH,
SEAR CH, AND SEIZURE
SEIZU RE
A. Arrest Rule 113)
- Arrest – the taking of a person into custody in order that he may be bound to answer for the commission of an offense.
- An arrest is made by an actual restraint of a person to be arrested, or by his submission
submissio n to the custody of the
person making
mak ing the arrest.
arre st.
- Implies control over the person under custody and as a consequence, a restraint on his liberty
to the extent that he is not free to leave on his own volition.
- General rule: a warrant of arrest is necessary before an arrest is made. Exception: lawful
warrantless arrests
arres ts.
- Requisites for valid warrant of arrest (Bill of Rights): issued upon probable cause to be determined personally by the
judge, and particularly
particula rly describing
describi ng the persons
perso ns to be seized.
se ized.
- Probable cause – existence of facts that would lead a reasonably discreet and prudent man to
believe that a crime has been committed and that it was likely committed by the person sought to
be arrested.
- Determined personally by judge

Criminal Procedure Reviewer | VaMitch| 16

 • Underscores the exclusive and personal responsibility of the judge to satisfy himself of
the existence of probable cause. What the law requires is that he make a personal
determination, and not rely solely on prosecutor’s report.
• Personal examination of witnesses not mandatory .
• He shall: (a) personally evaluate the report and the supporting documents
submitted by the fiscal, or (b) if he finds no probable cause, he may disregard the
fiscal’s report and require the submission of supporting affidavits of witnesses to
aid him in arriving at a conclusion.
• Note: if the complaint or information is directly filed with MTC, see rule above.
- Lawful warrantless arrests:
1. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit
an offense (in flagrante delicto). Requisites:
a. Person to be arrested must execute an overt act that would indicate that he has
committed, is actually committing, or is attempting to commit an offense.
• Reliable information alone, absent any over act indicative of a felonious
enterprise, is not sufficient to constitute probable cause
• People v Edano: flight is not a reliable indicator of guilt without other
circumstances.
b . Overt act is done in the presence or within the view of the arresting officer or
private person.
• Usual case – arrest made after entrapment .
• Distinguish from instigation (an absolutory cause)
• Details of transaction during entrapment must be clearly shown and must be
subject to strict scrutiny (following objective test). At the same time, however,
conduct of police should not disable courts into ignoring accused’s
predisposition to commit the crime. If there is overwhelming evidence of
habitual delinquency, recidivism, or plain criminal proclivity, then this must also
be considered (subjective test).
• No textbook method of conducting buy-bust operations. Selection of
effective means is left to discretion of police authorities. Prior surveillance not
required.
2. When an offense has just been committed, and he has probable cause to believe based on personal knowledge of
facts or circumstances
circum stances that
tha t the person arr ested has committed it (hot pursuit). Requisites:
perso n to be arrested
a . An offense has just been committed.
b . The person making the arrest has personal knowledge of facts indicating that the
person to be arrested
arres ted has committed it.
• Does not require arresting officers to personally witness commission of offense.
• Personal knowledge means actual belief or reasonable grounds of
suspicion. The grounds are reasonable based on actual facts/strong supporting
evidence, coupled with good faith on the part of the officers making the
arrest. And understand that officer is acting within a limited time frame, and in
haste.
3. When the person to be arrested is an escaped prisoner (detainee or by final judgment)
- In addition:
4. If a person lawfully arrested escapes or is rescued, any person may immediately pursue or retake him without a
warrant at any time and in any place within the Philippines.
5. An accused released on bail, if he attempts to depart from the Philippines without permission
of the court where the case is pending.
- And for the above exceptions
exc eptions to apply, note no te further that there must have been no opportunity
for the arresting officer to obtain a search warrant.

Criminal Procedure Reviewer | VaMitch| 17

 - Lawful warrantless arrests may be made either by a peace officer or a private person (citizen’s arrest).
- How to make an arrest:
- Arrest with warrant:
Warrant of arrest is issued by a judge.
•

The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant
•

to be executed within 10 days from its receipt.

Officer shall (a) inform the person to be arrested of the cause of the arrest and (b) of the fact that a
•

warrant has been issued for his arrest, except when he (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.
• The officer need not have the warrant in his possession at the time of the arrest but after the arrest, if the
person arrested
ar rested so requires,
r equires, the
th e warrant shall be shown
s hown to him
hi m as soon as practicable.
practica ble.
• Within 10 days after the expiration of the period, the officer to whom it was assigned for execution shall
make a report to the judge who issued the warrant. In case of his failure to execute the warrant, he shall
state the reasons therefor.
- Arrest without warrant:
warra nt:
• Arrest by officer
offic er – the officer shall inform the person to be arrested of (a) his authority and (b) the
cause of the arrest.
• Arrest by private person – person shall inform the person to be arrested of the intention to arrest
him and cause of the arrest.
• Neither officer nor private person need to give the above information to person arrested
if he is (a) engaged in the commission of an offense, (b) is pursued immediately after its commission, (c)
has escaped, flees or (d) forcibly resists before the officer has opportunity so to inform him, or (e) when the
giving of such
su ch information
informa tion will imperil
i mperil the arrest.
- For arrests whether with or without warrant:
• Time of arrest – an arrest may be made on any day and at any time of the day or night.
• No violence or unnecessary
unnecessar y force shall be used in making an arrest. The person arrested shall not be
subject to a greater restraint than is necessary for his detention.
• An officer making a llawful awful arrest may orally summon as many persons as he deems d eems 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.
• An officer,
off icer, in
i n order
orde r to make aann arrest,
arre st, may
ma y break
brea k into any building
bui lding or enclosure
encl osure where
w here the person
pe rson to be
arrested is or is reasonably believed to be, if he is refused admittance thereto, after announcing his
authority and purpose. And he may break out therefrom when necessary to liberate himself.
• Duty of the officer executing the arrest to deliver the accused to the nearest police station or jail without
unnecessary delay.
- Rights of a person arrested (RA7438):
1. Right to be assisted by counsel at all times
• Competent and independent counsel, preferably of his own choice.
• If such person cannot afford the services of his own counsel, he must be provided with a competent and
independent counsel by the investigating officer.
2. Right to remain silent .
3. Right to be informed of the above rights.
4. Right to be visited by immediate members of family, counsel, national or international NGOs (duly accredited by
CHR or OP, respectively), medical doctor, priest/religious minister.
5. The following must be done in the presence of counsel, in writing, and signed by arrested person:
• Waiver of provisions of Art 125 of the RPC (otherwise, null and void)
• Extrajudiciall confession
Extrajudicia confessi on (otherwise,
(otherwi se, inadmissible
inadm issible as
a s evidence in any proceeding)
pro ceeding)
• If no counsel, upon valid waiver, may be done in the presence of any of the parents, elder
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.

Criminal Procedure Reviewer | VaMitch| 18

 •Custodial investigation (otherwise, null and void)
Before person signs or thumbmarks, shall be read and adequately explained to him by his
•

counsel or by provided assisting counsel in the language or dialect known to him.

Note: "custodial investigation"
• investigation" 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.
- Persons not subject to arrest:
- Senator or member of HR (a) while Congress is in session in (b) all offenses punishable by
not more than 6 years imprisonment (Constitution).
- Sovereigns and other chiefs of state, ambassadors ministers plenipotentiary, ministers
resident, charge d’affaires (generally accepted principles of international law).
- Duly accredited ambassadors, public ministers of a foreign country, their duly registered
domestics, subject to the principle of reciprocity (RA75).
- Illegal arrest
- Issue should be raised in a motion to quash at any time before entering plea .
- Waiver of objection:
objec tion:
• Waived when person arrested submits to arraignment
arrai gnment without
witho ut objection.
objectio n.
• But waiver of illegal arrest does not also mean waiver of inadmissibility of
evidence during an illegal warrantless arrest.
- Effects:
• Not a sufficient cause to set aside a valid judgment.
• Could determine whether PI needed.
• May lead to inadmissibility of evidence product of arrest .
• May lead to administrative/criminal charge against arresting officer

B. Searches and Seizures

- Search warrant – an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to
a peace officer, commanding him to search for personal property described therein and bring it before the court.
- Not a criminal action. Not a proceeding against a person but is solely for the discovery and to get
possession of personal property.
- May only be applied for the furtherance of public prosecutions .
- General rule: warrant needed. Exception: lawful warrantless searches.
- Requisites for valid search warrant:
1. Pr o b a b le c a u s e
• Probable cause – such facts and circumstances which would lead a reasonably discreet
and prudent man to believe that an offense has been committed and that the
objects sought in connection with the offense are in the place to be searched.
2. In connection with one specific offense
• Not necessary that a particular person be implicated.
3. To be determined personally by the judge after examination under oath or affirmation of the complainant
and the witnesses he may produce
4. And particularly describing the place to be searched
• Description is sufficient if the officer with the warrant can, with reasonable effort,
ascertain and identify the place intended and distinguish it from other places in
the community.
• If a person is described, sufficient if described with particularity enough to
identify him with reasonable certainty (even if his name is unknown or
erroneously written).
• If name is unknown, describe his occupation, personal appearance and
peculiarities, place of residence, etc. Also sufficient if he is described as the one
occupying and having control of a specific address.

Criminal Procedure Reviewer | VaMitch| 19

 5. And the things to be seized which may be anywhere in the Philippines.
•Purpose: to prevent general and exploratory searches, to leave officers of the law with
no discretion regarding what articles should be seized.
•Description (a) must be as specific as circumstances will ordinarily allow , (b)
expresses a conclusion of fact and not of law by which the warrant officer may be
guided , and (c) things described are limited to those which bear direct relation to
the offense for which the warrant is being issued.
•
Further, warrants may not authorize a search broader than the facts supporting
its issuance.
• High degree of particularity required for items such as books, films, etc
that have not yet been adjudged obscene. Because constitutionally
protected.
• Not required that the property to be seized should be owned by the person against
whom the search warrantw arrant is directed. Sufficient that he has control and possession of
the property sought to be seized.
- Absence of any of the requirements will cause the nullification nullif ication of the search warrant.
- How a search warrant is issued:
- An application
applica tion for search
se arch warrant
warra nt shall be
b e filed with
w ith the following:
fol lowing:
a. Any court within
wit hin whose territorial jurisdiction a crime waswa s 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. (An example of a compelling reason would be if the
accused has leaks in the city due to his power)
c. If the criminal action has already been filed, the application shall only be made in the court where the
criminal action is pending.
d . In cases involving heinous crimes, illegal gambling, dangerous drugs, and illegal
possession of firearms, when the application for search warrant is filed by the
PNP, NBI, Presidential Anti-Organized Crime Task Force, Reaction Against
Crime Task Force – executive judge and vice executive judges of RTC in Manila
and QC.
- Application is i s heard ex parte.
- The judge must, before issuing the warrant, personally examine in the form of searching questions and answers, in
writing and under oath, the complainant and the witnesses he may produce on facts personally known to them and
attach to the record their sworn statements, together with the affidavits submitted.
• Searching questions – depend largely on the discretion of the judge. But examination
must be probing and exhaustive , not merely routinary, general, peripheral,
perfunctory.
• Applicant and his witnesses must have personal knowledge of circumstances
surrounding commission of offense. Reliable information is insufficient .
- If the judge is satisfied of the existence of facts upon which the application is based or that there is probable cause
to believe that they exist, he shall issue the warrant.
- A search warrant
wa rrant may be b e issued for
f or the search
sea rch and seizure
sei zure of personal
pe rsonal property:
pr operty:
a. Subject of the offense
b. Stolen or embezzled and other proceeds, or fruits of the offense; or
c. Used or intended to be used as the means of committing an offense.
- 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
p lace ordered
ord ered to be searched,
search ed, in which
w hich case a direction
directio n may be inserted that it be
b e served at any time
of the day or night.
- A search warrant
wa rrant shall
sha ll be valid
val id for 10 days from its date. Thereafter
Th ereafter it
i t shall be void.

Criminal Procedure Reviewer | VaMitch| 20

- How a search is conducted:
- Officers cannot search a place other than the one described in the warrant
•Even if the other place is that which they had in mind
•If the place described is piece of land, a justified search would include all the
things attached to or annexed to the land.
•If a vehicle is on the premises to be searched, vehicle can also be searched.
•Items belonging to third persons may be searched under certain circumstances,
as when the officers had no knowledge that the same belongs to a third person.
• But a warrant to search a place does not extend to authority to search all persons in
the place.
- Knock and admittance rule – generally, officer should knock, introduce himself, and
announce his purpose.
• Only in exceptional cases may he forego the same, like when his safety is in danger
or evidence is about to be destroyed.
• The officer, if refused admittance after giving notice of his purpose and authority, may break open 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.
- No search of a house, room, or any other premise shall be made except in the presence of the lawful occupant
thereof or any member of his family or in the absence of the latter, two witnesses of sufficient age and discretion
residing in the same locality.
- Only the personal properties described in the search warrant may be seized.
• Note principle of ejusdem
eju sdem generis – generic word will usually be limited to things
of a similar nature with those particularly enumerated . Unless there is something in
the context of the statement which would repel such inference.
• Substantial similarity of those articles described as a class or specie would suffice.
- Must give a detailed receipt for the same to the lawful occupant of the premises in whose presence the search and
seizure were made, or in the absence of such occupant, must, in the presence of at least two witnesses of sufficient
age and discretion residing in the same locality, leave a receipt in the place in which he found the seized property.
- Duties of officer and judge after search and seizure:
- The officer must forthwith deliver the property seized to the judge who issued the warrant, together with a true
inventory thereof duly verified under oath.
- 10 days after issuance of the search warrant, the issuing judge shall ascertain if the return has been made.
a. If none, he shall summon the person to whom the warrant was issued and require him to explain why no
return was made.
b. If the return has been made, the judge shall ascertain whether duties of officer to give receipt and
inventory have been complied with.
- The return on the search warrant shall be filed and kept by the custodian of the log book on search warrants who
shall enter therein the date of the return, the result, and other actions of the judge.
- The properties seized shall be kept in custodia legis in anticipation of the criminal
proceedings against
aga inst petitioner.
- A violation
violatio n of the above duties shall constitute contempt of court.
- Jurisprudence provides that one o ne cannot challenge
chal lenge how theth e search warrant was executed.
execute d.
- Exceptions to search warrant requirement:
1. A person lawfully arrested may be searched for dangerous weapons or anything which may have been used or
constitute proof in the commission of an offense without a search warrant (search incident to a lawful arrest) .
• Arrest must precede search in general. However, a search substantially
contemporaneous with an arrest can precede arrest if police have probable cause to
make arrest at the outset of the search.

Criminal Procedure Reviewer | VaMitch| 21

 • Search is limited to (a) person of the suspect and (b) area within the suspect’s
reach/immediate control (ie area within which he might gain possession of a weapon
or destructible evidence).
• Allowable search is limited to search for: (a ) dangerous weapons, (b) anything which
may have been used in the commission of the offense , (c) anything which
constitutes proof in the commission of an offense.
2. Seizure of evidence in plain view . Requisites:
a. Law enforcement officer has prior justification for intrusion, or is in a position from
which he can view a particular area.
b. Discovery of evidence is inadvertent .
Officer must not have known in advance of location of evidence. Discovery
•

must not be anticipated. Must not have searched for evidence on purpose.
c. It is immediately apparent to officer that the item he observes may be evidence of
a crime, contraband, or otherwise subject to seizure.
3. Stop and frisk/Terry searches
Purpose:
•

a. General interest of effective crime prevention and detection

b. Safety of police officer
Test – reasonable belief or genuine reason, 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.
•
Must be based on specific and articulable facts/knowledge and experience and
not merely upon officer’s bare suspicion or hunch.
• Not the existence of probable cause because no full arrest is made
• Valid frisk – must be a mere pat down outside the person’s garment and not
unreasonably intrusive, for purpose of discovering weapons.
4. Search of moving vehicle
• Justified on ground that it is not practicable to secure warrant, because vehicle can be
quickly moved out of locality or jurisdiction in which warrant must be sought.
• Valid for as long as there is probable cause to believe that instrumentality or
evidence pertaining to a crime is in the vehicle to be searched.
• Check points – must be warranted by exigencies of public order and conducted
in a way least intrusive to motorists. Allowed for as long as vehicle is neither
searched nor its occupants subjected to a body search, and the inspection of the

5. Search of vehicle
vessels is and
limited to a visual
aircraft vis ual search.
6. Consented warrantless search – not to be lightly inferred, but must be shown by clear and
convincing evidence.
7. Exigent and emergency circumstances
8. Customs search
9. Inspection of buildings and other premises for the enforcement of fire, sanitary, and building
regulations
- Illegal search and seizure
- Motion to quash warrant and/or motion to suppress evidence obtained thereby
a. If no criminal action has been instituted, file in court that issued the search warrant. If such court fails to
resolve the motion and a criminal case is subsequent filed in another court, the motion shall be resolved
by the latter court.
b. If criminal action instituted, file in court where such action has been instituted.
• If motion to quash warrant must be made before entering of plea. Otherwise,
objection is deemed waived. If motion to suppress evidence, not waivable.

Criminal Procedure Reviewer | VaMitch| 22

 • Note – opposing motions to quash ( World Wide Web Corp v People) : if doing so in SW
court, private party may appeal. If records already in court trying criminal case and issue
is interlocutory/incidental to case, only public prosecutor can appeal.
- Effects:
• Exclusionary rule – any evidence obtained shall be inadmissible for any purpose in any proceeding
(Bill of Rights).
• Erring officers may be liable criminally for violation of domicile, search warrant
maliciously obtained or abuse in service of those legally obtained, searching
domicile without witnesses.
• Those aggrieved may also have right to seek damages/civil liability (which would be
an independent civil action under Art 32 of Civil Code).

VI. BAIL (RULE 114)

- Bail – 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 hereinafter specified.
- A constituti
constitutional
onal right based on Sec 13, Art III – All persons, except those charged with offenses
punishablee by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable
punishabl bailabl e 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.
-Springs from the presumption of innocence accorded every accused upon whom should not be
inflicted incarceration at the outset.
- No impact on civil liability of accused.
- No person under detention by legal
le gal process shall be released or transferred
tr ansferred except upon order of the
th e court
cou rt or when
he is admitted to bail.
- Who may be granted
grant ed bail
1. Persons in custody of law
•That is, those
tho se who have been arrested
arreste d or have surrendered
s urrendered themselves
t hemselves to
t o the jurisdiction
jur isdiction
of the court.
•May apply for bail as soon as he is deprived of liberty, even before complaint or
information is filed against him.
•Arraignment not required. Otherwise, the accused would be precluded from
filing a motion to quash. However, does not mean that hearing on petition for
bail should at all times precede arraignment.
•
No inconsistency exsits between petition for bail and filing of motion to quash.
•Application
Applicati on shall
s hall not bar the accused from challengin
challengingg the validity of his arrest or the
t he legality
l egality
of the warrant issued therefor, or from assailing the regularity or questioning the absence of a
preliminary
prelimina ry investigation
investi gation of the charge against him,
h im, provided
prov ided that he raises
raise s them before
be fore entering
ente ring
his plea. The court shall resolve the matter as early as practicable but not later than the start
of the trial of the case.
2. Exceptional circumstance – material witness, when there is proof that he will not testify when
required.
3. Exceptional circumstance – when information is substituted, court may require witnesses to give bail for
their appearance at the trial.
- Forms of bail
1. Corporate surety
• Can be given by any domestic or foreign corporation, licensed as a surety in accordance with law and
currently authorized to act as such

Criminal Procedure Reviewer | VaMitch| 23

 • Given by a bond subscribed jointly by the accused and an officer of the corporation duly authorized by
its board of directors.
2. Property bond
• Constituted as a lien on real property given as security for the amount of the bail.
• Within 10 days after approval of bond, accused shall cause annotation of lien on (a) certificate of title
(registered land) or registration book (unregistered land) in Registry of Deeds, and in (b) tax
declaration. Must submit to court compliance with this requirement within the same period, or else the
bond can be cancelled.
•No bail shall be approved
a pproved unless the surety is qualified.
qua lified. Qualification
Qualifica tion of sureties
sur eties in a property
p roperty bond:
bo nd:
a. Must be resident
re sident owner
own er of real estate within
with in the Philippines
Ph ilippines
b. Real estate must be worth at least the amount of the undertaking. If there are two or more
sureties, aggregate of the justified sums must be equivalent to the whole amount of bail
demanded.
c. Must be worth the amount specified in his own undertaking undertakin g over and above all just debts,
obligations and properties exempt from execution.
3. Cash deposit
•Deposit in cash with the nearest CIR/prvoincial, city, or municipal treasurer the amount of bail.
•Submit certificate of deposit with court and written undertaking showing compliance with terms of bail
(see below), after which
wh ich the accused
accuse d shall be
b e discharged
discharge d from custody.
custo dy.
•The money deposited shall be considered as bail and applied to the payment of fine and costs. The excess,
if any, shall be returned to the accused or to whoever made the deposit.
4. Recognizance
•Whenever allowed by law or these Rules, the court may release a person in custody to his own
recognizancee or that of a responsible person.
recognizanc
•RA10389: release on recognizance of any person in custody or detention for the
commission of an offense is a matter of right when the offense is not punishable by
DRL (death, reclusion perpetua, or life imprisonment), provided application is filed:
a. Before or after conviction by MTC
b. Before conviction by RTC
- Cases when bail may or may not be applied
1. When person can be released without w ithout posting
post ing bail
a. When the law or these Rules so provide.
b. When a person has been in custody for a period equal to or more than possible max imprisonment
prescribed for the offense
of fense charged
char ged – immediate
immed iate release.
relea se.
• Without prejudice to the continuation of the trial or the proceedings on appeal.
c. If max penalty to which the accused may be sentenced is destierro – release after 30 days of preventive
imprisonment.
d. In MTC cases, when no arrest is made.
e. Under RA6036: violation of a municipal/city ordinance, a light felony and/or a criminal
offense punishable by 0-6-0 max and/or Php2000 fine, or both.
• Where said person has established to the satisfaction of the court that he is
unable to post the required cash or bail bond.
• But with exceptions. Eg when accused is caught in flagrante, or when he
confesses to commission of offense.
• Instead of bail, required to sign sworn statement binding himself, pending final
decision of his case, to (a) report to clerk of court periodically and (b) accept
authority of responsible citizen in community if he is placed under such a
person’s custody, at the discretion of the court.
•

Except when his failure to report is for justifiable reasons including

circumstances beyond his contro, any violation of this sworn statement shall

Criminal Procedure Reviewer | VaMitch| 24

 justify the court to order his immediate arrest unless he files bail in the amount
forthwith fixed by the court.
2. When bail is a matter
m atter of right
a. Before or after conviction by the MTC
b. Before conviction by the RTC of an offense not punishable by DRL
• San Miguel v Maceda: where bail is a matter
mat ter of ri
right,
ght, bail
b ail must
m ust be allowed irrespective of
such circumstance. The existence of a high degree of probability that the defendant will

3. abscond
When bail confers
is a matter
m atter upontion
of discretion
discre the court no greater discretion than to increase the bond.
a. Before conviction by the RTC of an offense punishable by DRL
•Bail is allowed only when evidence of guilt is not strong
•Whether or not evidence of guilt is strong is a matter to be determined determine d by the
court after a hearing. Hearing is indispensable (even when prosecution
interposes no objection to bail) before a judge can determine whether the
evidence for the prosecution is strong.
Court must give reasonable notice of the hearing to the prosecutor or require him to
•

submit his recommendation.

recommendation.
Prosecution has the burden of showing that evidence of guilt is strong.
•

Hearing is summary in nature. Serapio v Sandiganbayan: court has

•

jurisdiction to hear case jointly with case of a co-accused, except that

the case must still be summary in nature.
•Strong evidence of guilt – does not mean proof beyond reasonable doubt.
•Note: even if evidence of guilt is weak, right to bail may justifiably still be
denied if the probability of escape is great. (?)
•The evidence presented during the bail hearing shall be considered automatically reproduced at
the trial, but upon motion of either party, the court may recall any witness for additional
examination unless the latter is dead, outside the Philippines, or otherwise unable to testify.
b. Upon conviction by the RTC of an offense not punishable by DRL.
•Should the court grant the application, the accused may be allowed to continue on provisional
liberty during the pendency of the appeal under the same bail subject to the consent of the
bondsman.
•Accused shall
sha ll be denied
den ied bail/bail
bail/ bail shall
shal l be cancelled
cancel led if:
" Penalty imposed by the trial court is more than 6 years imprisonment and
" Upon a showing by the prosecution, with notice to the accused, of the following or
!
other similar circumstances: (a) that he is a recidivist, quasi
delinquent, or has committed the crime aggravated by the circumstance recidivist,of orreiteration;
habitual
(b) that he has previously escaped from legal confinement, evaded sentence, or violated
the conditions of his bail without valid justification;
justification; (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.
" Leviste v CA: even when the above circumstances are absent, grant of
bail still discretionary. Can still be denied. Except that court is
authorized to use sound (vs stringent) discretion approach.
" The appellate court may, motu proprio or on motion of any party, review the
resolution of the RTC after notice to the adverse party.
• People v Fitzgerald: bail is not a sick pass for an ailing or aged detainee or prisoner needing
medical care outside the prison facility. A mere claim of illness is not a ground for bail.
4. When
a. bail is not
When n charged
ot allowed
with (person
(p erson punishable
a offense cannot bebyreleased)
DRL when evidence of guilt is strong

Criminal Procedure Reviewer | VaMitch| 25

 • Regardless of the stage of the criminal prosecution.
• If convicted in RTC of such an offense, bail should be denied since the
conviction indicates strong evidence of guilt.
b. After the judgment
jud gment of conviction
con viction has become final.
fin al.
• Exception – if before such finality, the accused applies for probation, he may be allowed
temporary liberty under his bail. When no bail was filed or the accused is incapable of filing
one, the court may allow his release on recognizance to the custody of a responsible member of
the community.
c. After the accused
a ccused has commenced
co mmenced to serve sentence.
sente nce.
5. Special cases for application
• In the military – no right to bail. Right to speedy trial is given more emphasis.
• In extradition proceedings – since not a criminal proceeding, bail is not a matter of right.
However, may be granted as an exception based on general principles on human rights
and due process if (a) applicant is not a flight risk or a danger to the community and (b)
there exist special, humanitarian, and compelling circumstances.
• In deportation proceedings – granted by law (Phil Immigration Act of 1940), but
discretionary on the part of the Commissioner of Immigration.
- Terms for granting
granti ng bail
1. The undertaking shall be effective upon approval, and unless cancelled, shall remain in force at all stages of the
case until promulgation of RTC’s judgment, irrespective
irrespective of whether the case was originally filed in or appealed to it
2. The accused shall appear before the proper court whenever required by the court under ROC
• When the presence of the accused is required, his bondsmen shall be notified to produce him before the
court on a given date and time.
• If he fails to appear, he shall (a) be re-arrested and (b) forfeit his bail.
• Arrest of accused
accu sed out on bail
bai l
• Bondsmen may arrest him or, upon written authority, cause him to be arrested by a police
officer or any other person of suitable age and discretion.
• Forfeiture of bond
• Bondsmen given 30 days to: (a) produce the body of their principal or give the reason for his
non!production
production;; and (b) explain why the accused did not appear before the court when first
required to do so.
• Failing in these two requisites, a judgment shall be rendered against the bondsmen, jointly and
severally, for the amount of the bail. The court shall not reduce or otherwise mitigate the
liability of the bondsmen, unless the accused has been surrendered or is acquitted.
3. The failure of the accused to appear at the trial without justification and despite due notice shall be deemed a
waiver of his right to be present thereat. In such case, the trial may proceed in absentia
4. The bondsman shall surrender the accused to the court for execution of the final judgment.
- Hearing to fix bail:
- Where to file application
a. If not yet charged in court – any court in pcm where he is held.
b. If bail is matter of right – with the court where the case is pending.
• In the absence or unavailability of the judge thereof, with any RTC or MTC in the pcm.
• Or if accused is arrested in a pcm other than where the case is pending, may also be filed with
any RTC of said place. If no judge thereof is available, with any MTC therein.
c. If bail is matter of discretion/accused seeks to be released on recognizance – with the
court where the case is pending, whether on preliminary investigation, trial, or on appeal.
• If on appeal and trial court has not yet transmitted records to appellate court – bail shall be
filed with
wi th and decided
deci ded by trial
tria l court.
•
If on appeal and the decision of the trial court convicting the accused changed the nature of the
offense from non!bailable to bailable, bail can only filed with and decided by appellate court.

Criminal Procedure Reviewer | VaMitch| 26

 • Whenever bail is filed with a court other than where the case is pending, the judge who accepted the bail
shall forward it, together with the order of release and other supporting papers, to the court where the case
is pending, which may, for good reason, require a different one to be filed.
- Guidelines for fixing amount:
• Basic rule – excessive bail shall not be required.
• In fixing bail, the amount should be high enough to assure the presence of the accused
when such
su ch presence
prese nce is required, but no higher than th an is reasonably calculated to fulfill
fulfil l this
purpose. Consider the good of the public as well as the rights of the accused.
• The judge who issued the warrant or granted the application shall fix a reasonable amount of bail
considering primarily,
primarily, but not limited to, the following factors: (a) Financial ability of the accused to give
bail; (b) Nature and circumstances
circumstances of the offense; (c) Penalty for the offense charged; (d) Character and
reputation of the accused; (e) Age and health of the accused; (f) Weight of the evidence against the
accused; (g) Probability of the accused appearing at the trial; (h) Forfeiture of other bail; (i) The fact that
accused was a fugitive from justice when arrested; and (j) Pendency of other cases where the accused is on
bail.
• A person
pers on in custody for a period equal to or more than
t han the
th e minimum
mini mum of the principal
p rincipal penalty prescribed
prescribe d
for the offense charged, without application
applicati on of the Indeterminate
Indetermina te Sentence Law or any modifying
circumstance,
circumstanc e, shall be released on a reduced bail or on his own recognizance, at the discretion of the court.
- If accused does not have financial ability to post amount of bail, he may move for its reduction.
- The order fixing
fixin g the amount of bail shall not be b e subject tot o appeal.
- The accused must be discharged upon approval of the bail by the judge with whom it was filed.
- Rules after grant of bail
- Court may, upon good cause, either increase or reduce its amount.
• When increased, the accused may be committed to custody if he does not give bail in the increased amount
within a reasonable period.
• An accused held to answer a criminal charge, who wh o is released
rele ased without
wi thout bail upon filing
fil ing of the complaint or
information, may, at any subsequent stage of the proceedings and whenever a strong showing of guilt
appears to the court, be required to give bail in the amount fixed, or in lieu thereof, committed to custody.
• B eltran: in order to increase or reduce bail, a hearing is again required.
Andres v Beltran:
- Cancellation of bail
a. When bail-negating
bail-negat ing circumstances
circumst ances are present
prese nt
b. Upon application of bondsmen (and with due notice to prosec) – if accused has surrendered
(voluntarily) or upon proof of his death.
c. Automatical
Automatically ly – upon acquittal of the accused, dismissal
dismissa l of the case, or execution of the judgment of
conviction.
• In all instances, the cancellation shall be without prejudice to any liability on the bond.

VII. RIGHTS OF
O F THE ACCUSED
ACCU SED (RULE 115)

- In all criminal prosecutions, the accused shall be entitled to the following rights:

1. To be presumed innocent until the contrary is proved beyond reasonable doubt.

- Prevails over the presumption of regularity in the performance of official duty.
- Prevails until promulgation of final conviction is made. Thus, continues while case is on appeal,
even if already adjudged guilty by trial court.
• May the rules provide for presumptions of guilt? Legislature has power to provide that
proof of certain facts constitute prima facie evidence of guilt, and then shift the burden
of proof to the accused, provided there is a rational connection between the facts
proved and the ultimate fact presumed. In fine, the presumption must be based on facts,
and these facts must be part of the crime when committed.

Criminal Procedure Reviewer | VaMitch| 27

 • GSA – burden is shifted only as to establishment of fact, not guilt. Thus, not really a
presumption of guilt but rather a presumption of facts based on rationality.
- Proof beyond reasonable doubt – does not mean absolute certainty. Moral certainty only is
required, or that degree of proof which produces conviction in an unprejudiced mind.
• State has to prove identity of the accused as malefactor and fact of commission of the
crime.
• Prosecution must rest on strength of its own evidence and must not rely on the
weakness of the t he defense.
• If prosecution fails to meet its burden of proof, the defense may logically not even
present evidence on its own behalf. In such case, accused should be acquitted.
• Equipoise rule – where evidence in a criminal case is evenly balanced, presumption of
innocence tilts the scales in favor of the accused.
• Once the presumption of innocence is overcome, defense bears burden of evidence to
show reasonable doubt as to the guilt of the accused.
2. To be informed of the nature and cause of the accusation against him.
- See requisites for Complaint or Information above.
- Formal: Arraignment; Actual: Complaint/Information
- Substantial variance between information and evidence (eg identity of check in a BP22 case) –
violates right of
o f accused to be informed. Information
Info rmation invalid.
- A minor variance between the information and the evidence does not alter the nature of the
offense, nor does it determine or qualify the crime or penalty – right to be informed not violated.
- Not waivable.
- Note also: accused can, upon showing good cause, ask to inspect or copy witness testimonies or material evidence
not otherwise privileged under the control of the prosecution.
3. To be present and defend in person and by counsel at every stage of the proceedings, from arraignment to promulg
promulgation
ation of the
judgment.
- When presence
presenc e of accused cannot be waived: wai ved:
a. Arraignment
b. His presence is specifically ordered by the court for purposes of identification.
identification.
c. Promulgation of judgement. Exception: light offense, in which case accused may appear
by counsel or representative.
- Waiver of presence
presen ce at trial:
a. Accused may waivew aive pursuant
pur suant to the stipulations
stipulati ons set forth
for th in his bail
b ail
b. The absence of the accused without justifiable cause at the trial of which he had notice shall be considered
a waiver of his right to be present thereat.
c. When an accused under custody escapes, he shall be deemed to have waived his right to be present on all
subsequent trial dates until custody over him is regained.
- Upon motion, the accused may be allowed to defend himself in person when it sufficiently appears to the court that
he can properly protect his right without the assistance of counsel.
- Right to counsel
• Enjoyed by every person under custody of law.
• Even before trial. For as long as person is already under custodial investigation
(the stage where 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; remember that being invited for questioning already
constitutes custodial investigation)
investigation)
• Police line-up not part of custodial investigation. At this stage, accused is not
yet being investigated.
investigated.
• See rights of persons under custodial investigation above.
• Preferably of one’s own choice

Criminal Procedure Reviewer | VaMitch| 28

 • Also includes
inclu des right to reject
re ject counsel
couns el provided by police authorities
authori ties
• Right to choose is not plenary. Court is not precluded from appointing ade
oficio counsel which it considers competent and indepdnent to enable the trial
to proceed.
• Competent and independent
• Cannot have an adverse interest in case
• Willing to fully safeguard the constitutional
constitut ional rights of the accused, as
distinguished from one who would be merely giving a routine, peremptory, and
menaingless participation. Active involvement.
• Should be present from beginning to end of trial, ie at all stages of interview,
counseling or advising rasonably at every turn of the investigation
• May be waived, but waiver must be in writing and in the presence of counsel.
• Not indispensable in administrative proceedings.
- Extrajudicial confession
• Must be made freely and voluntarily, without any form of coercion or inducement.
• See requisites of valid extrajudicial confession above.
• People v Baloloy: spontaenous statements prior to custodial investigation not counted.
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.
5. To be exempt from being compelled to be a witness against himself.
- Nemo tenetur seipsum accusare
- Applies only to natural individuals.
indi viduals.
- Protects a person from testimonial compulsion or evidence of a communicative nature
• Not an exclusion of his body as evidence when it may be material. Mechanical acts not
meant to unearth undisclosed facts but to ascertain phsycial attributes determinable by
simple observation.
• Eg if required to speak in order to use voice as an identifying physical
characteristic, not to speak his guilt.
• But writing is not a purely mechanical act, because it requires the application of
intelligence and attention. Could produce evidence which did not originally
exist.
• Forced reenactments come within the ban. This is because such reenactments furnishes
missing evidence that may be necessary for conviction.
• Dela Cruz v People: drug test if test has no connection to crime accused of come within
ban.
- Extends not only to answers that would support a conviction, but also to those which would
furnish a link in the chain of evidence needed to prosecute accused.
- If witness – assertion of privilege must be raised in response to each specific inquiry, or it is
waived. Each assertion
asse rtion rests on its own circumstances.
circ umstances. Blanket
B lanket assertions
assertion s are not permitted.
permit ted.
• Prescribes an option of refusal to answer incriminating questions, and not a prohibition
of inquiry. Does not give a witness the right to disregard a subpoena, to decline to
appear before court, or to refuse to testify altogether.
• Privilege should be sustained unless it clearly appears that the claim is mistaken, ie unless
it is perfectly clear from careful consideration of all circumstances that the witness is
mistaken and the answer cannot possibly have incriminating effect.
• Privilege will not apply when witness is given immunity from prosecution.
- If accused – may altogether refuse to take the witness stand and refuse to answer any and all
questions.

Criminal Procedure Reviewer | VaMitch| 29

 - Cannot be invoked to prevent incriminating a person other than oneself, or to refuse to hand
over evidence not held in one’s personal capacity.
- Can be asserted in any proceeding – civil or criminal, administrative or judicial, investigatory or
adjudicatory.
adjudicato ry. Wherever the answer might tend to subject to criminal responsibility
responsibility him who gives
it.
6. To confront and cross !examine the witnesses against him at the trial.
- Either party may utilize as part of itsi ts evidence
ev idence the testimony of a witness
w itness who is ddeceased,
eceased, out of
o f or
o r can not with

due diligencejudicial
proceeding, be found in the Philippines,
or administrative,
administr unavailable
ative, involving
involvin th e sameorparties
g the otherwise unable matter,
and subject to testify,
thegiven in party
adverse another case the
having or
opportunity to cross!examine him.
- May be waived expressly or impliedly.
- In the absence of a cross-examination, the direct examination of the witness should be expunged
from the records.
7. To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf.
- Accused may move the court cou rt for the issuance
iss uance of a subpoena
subpo ena ad testificandum
testifi candum or duces
duce s tecum.
- In case of unjustified failure of witness to comply to subpoena, court may issue warrant for
witness’ arrest.
arrest .
8. To have speedy, impartial and public trial.
- Does not preclude justifiable postponements and delay when warranted by the situation. What
the Constitution prohibits are unreasonable, arbitrary, and oppressive delays which render rights
nugatory.
- A flexible concept. Due regard must be given to the facts and circumstances circumstance s surrounding each
case.
• Perez v People: consider length of delay, the reason for the delay, the defendant’s assertion
of his right, and prejudice to the defendant. Note for ‘assertion of right’ – failure to
assert right will make it difficult for a defendant to prove that he was denied a speedy
trial. Note for ‘prejudice to defendant’ – three such interests are (a) to prevent
oppressive pretrial incarceration, (b) to minimize anxiety and concern of the accused, (c)
to limit the possibility that the defense will be impaired.
- Remember that speed is not chief objective of trial, but administrati administration
on of justice.
- USA: Fixed-time period and demand-waiver rule. Philippines: Balancing Test ( Ombudsman v
Jurado ). Consider:
• Length of delay
• Reasons for delay
• Assertion/Failure
Assertion/F ailure to assert
asse rt right by the accused
•
Prejudice caused by the delay
- Remedy for violation
• Trial court may dismiss case.
case . Equivalent to an acquittal.
• But accused should ask for trial first instead of moving for its dismissal outrightly. If
prosecution cannot produce witnesses or evidence and its motion for postponement is
denied, then accused should move for dismissal of the case.
9. To appeal in all cases allowed and in the manner prescribed by law.

VIII. ARRAIGNMENT AND PLEA

- Arraignment – formal mode and manner of implementing

implementi ng the constitutional
constituti onal right of an accused to be
informed of the nature and cause of the accusation against him
- Accused is for the first time granted the opportunity to know the precise charge that confronts
him. An indispensable requirement of due process.
- Recall:

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 • When information is substantially
substantiall y amended, arraignment on amended information is
mandatory. When information is substituted, another PI and arraignment are entailed.
• Without prior
prio r arraignment, the accused (a) cannot invoke double jeopardy,
jeop ardy, (b) cannot be
tried in absentia and (c) GR: can’t file motion to quash.
• When there is prior arraignment, the accused (a) waives manner of arrest,
arre st, (b)
( b) w
waives
aives PI
or lack thereof and (c) court acquires jurisdiction over subject matter/offense.
- Duties of the court before arraignment:
a. Inform the accused of his right to counsel and ask him if he desires to have one.
b. Unless the accused is allowed to defend himself in person or has employed a counsel of his choice, the court must
assign a counsel de oficio to defend him.
• Counsel de oficio must be a member of the bar who is competent and in good standing. But in localities
where such members of the bar are not available, the court may appoint any person, resident of the
province and
a nd of good repute for probity and an d ability.
• Whenever a counsel de oficio is appointed by the court to defend the accused at the arraignment, he shall
be given a reasonable time to consult with the accused as to his plea before proceeding with the
arraignment.
- Options of the accused before arraignment and plea:
1. Motion for a bill of particulars
particular s to enable
enabl e him properly
prop erly to plead
plea d and to prepare
p repare for
fo r trial.
• The motion shall specify the alleged defects of the complaint or information and the details desired.
2. Motion for suspension
suspensio n of arraignment
arrai gnment in the following
followin g cases:
a. Suffering from an unsound mental condition
• Which renders him unable to fully understand the charge against him and to plead intelligently
• Court shall then order his mental examination and, if necessary, his confinement for such
purpose.
b. There exists a prejudicial question
c. A petition forf or review of the resolution
reso lution of tthe
he prosecutor
prosecuto r is pending
pendi ng at either
eithe r the DOJ or
o r OP
• Period of suspension shall not exceed 60 days counted from the filing of the petition with the
reviewing office.
qu ash (see below)
3. Motion to quash
4. Challenge validity of arrest or legality of warrant issued, assail the regularity or question absence
of PI
- How arraignment and plea are made
- Where – accused must be arraigned before the court where the complaint or information is filed or assigned
- When – within 30 days from the date the court acquires jurisdiction over the person of the accused.
•

•
Unless acurrent
Under shorter period
law: is provided by special law or Supreme Court circular.
• Case must be raffled within 3 days from filing complain or information.
• Accused shall
s hall be arraigned within 10 days from date of raffle.
raffle .
• The time of the pendency of a motion to quash or for a bill of particulars or other causes justifying
suspension of the arraignment shall be excluded in computing the period.
• May arraignment be made after a case has been submitted for decision? Yes, as when
accused waives arraignment. Active participation in hearing is a clear indication that he
was fully aware of the charges against him. Provided court acquired jurisidiction jurisidic tion over
accused.
- Who is required
requi red to be present
prese nt
a. Accused, who wh o must personally
per sonally enter
ent er his plea.
ple a.
b. The private offended party, for purposes of plea bargaining, determination of civil liability, and other
matters requiring his presence.
- How

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 • The arraignment shall be made in open court by the judge or clerk by furnishing the accused with a copy
of the complaint or information, reading the same in the language or dialect known to him, and asking
him whether he pleads guilty or not guilty.
• Both arraignment and plea shall be made of record, but failure to do so shall not affect the validity of the
proceedings..
proceedings
• Options:
o Guilty
o
Not guilty
o Guilty to a lesser offense (plea bargaining)
- Plea of not guilty, when made:
1. Actual plea of not guilty
2. When the accused refuses to plead or makes a conditional plea, a plea of not guilty shall be entered for him.
• Essence of plea of guilty that accused admits absolutely and unconditionally his guilt and
responsibility for offense imputed to him. If given with conditions, equivalent to plea of
not guilty.
• When a plea pl ea of guilty is not definite, or ambiguous, or not absolute, the same amounts
to a plea of not guilty.
3. When the accused pleads guilty but presents exculpatory evidence, his plea shall be deemed withdrawn and a plea
of not guilty shall be entered for him.
4. At any time before
b efore the judgm
judgment
ent of conviction becomes final, the court
cou rt may permit an improvident
imp rovident plea of
o f guilty
guilt y to
be withdrawn and be substituted by a plea of not guilty.
• When trial court fails in its duty to conduct the prescribed searching inquiry into
voluntariness of accused plea of guilty and full comprehension
comprehensi on thereof, plea of guilty is
deemed made improvidently and rendered inefficacious.
• Note: manner in which plea is made, even if flawed, loses legal significance if conviction
is, indepedently of plea, based on evidence proving the commission by the accused of
the offense charged.
- Plea of guilty:
- A judicial confession of guilt. An admission of all the material facts alleged in the information,
including alleged aggravating circumstances.
• Note – admits facts and not conclusions of law.
• Exception to admission of aggravating circumstance – if such circumstances are
disproved by evidence.
- Plea bargaining – process whereby accused and prosecution work a mutually satisfactory
disposition of case subject to court approval.
• Accused, (a) with the consent
con sent of the offended
of fended party and theth e prosecutor,
pro secutor, may be allowed by the trial court
to plead guilty to a lesser offense which is (b) necessarily included in the offense charged.
• In case of failure of the offended party to appear despite due notice, the court may allow the
accused to plea bargain with the conformity of the trial prosecutor alone.
• Can be done:
a. During arraignment
b. After arraignment
arra ignment but before trial,
tri al, after withdrawing
withdraw ing plea of not guilty.
c. Even during trial.
• Incumbent upon trial court judge to ascertain and be fully convinced that the plea of
guilty was voluntarily made and its consequences fully comprehended by the accused.
• No amendment informati on is necessary. Conviction under plea shall be
amendmen t of the complaint or information
equivalent to conviction of offense charged for purposes of double jeopardy.
• Note: does not entitle accused to mitigating circumstance circumstance of voluntary surrender.
surrender. Under
RPC, to be voluntary, plea of guilty must be to the offense charged.
• Subject to court approval – court has discretion to allow plea bargaining or not.

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 - Plea of guilty to a capital offense:
• Court has (mandatory) duty to:
a. Conduct a searching inquiry into the voluntariness and full comprehension of the consequences
of his plea
b. Require the prosecution to prove his guilt and the precise degree of culpability
c. Ask the accused if he wants to present evidence in his behalf (which he may do)
• People v Ulit guidelines for searching inquiry:
(1) Ascertain from the accused himself (a) how he was brought into the custody of the
law; (b) whether he had the assistance of a competent counsel during the custodial and
preliminary investigations; and (c) under what conditions he was detained and
interrogated during the investigations. These the court shall do in order to rule out the
possibility that the accused has been coerced or placed under a state of duress either by
actual threats of physical harm coming from malevolent or avenging quarters.
(2) Ask the defense counsel a series of questions as to whether he had conferred with,
and completely explained to, the accused the meaning and consequences of a plea of
guilty.
(3) Elicit information about the personality profile of the accused, such as his age,
socio!economic status, and educational background, which may serve as a trustworthy
index of his capacity to give a free and informed plea of guilty.
(4) Inform the accused the exact length of imprisonment or nature of the penalty under
the law and the certainty that he will serve such sentence.
(5)
himRequire
or makethe himaccused
reenactto thefully narrate
manner the incident
in which that spawned
he perpetrated the charges
the crime, or cause against
him to
supply missing details or significance.
• Trial court is also required to probe
p robe thoroughly into the reasons or motivations,
mo tivations, as well
w ell
as the facts and circumstances for a change of plea of the accused and his
comprehension of his plea; explain to him the elements of the crime for which he is
charged as well as the nature and effect of any modifying circumstances attendant to the
commission of the offense, inclusive of mitigating and aggravating circumstances, as
well as the qualifying and special qualifying circumstances,
circumstanc es, and inform him of the
imposable penalty and his civil liabilities for the crime for which he would plead guilty
to.
• Plea of guilty to non-capital offense:
• When the accused pleads guilty to a non!capital offense, the court may receive evidence from the parties to
determine the penalty to be imposed.
•
Rule is directory, not mandatory.

IX. MOTION TO QUASH (RULE 117)

A. Form and Contents

1. The motion to quash shall be in writing
2. Signed by the accused or his counsel
3. Shall distinctly specify its factual and legal grounds.

B. Grounds for Motion to Quash

- Grounds:
1. That the facts charged do not constitute an offense
•
Determinative test – sufficiency of the averments in the information
• Note exceptions to test in Antone v Beronilla.
B eronilla.

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 2. That the court trying the case has no jurisdiction over the offense charged
• Eg when jurisdiction over offense or offense necessarily included is with another court,
appeal perfected and jurisdiction transferred to another court, when accused were absent
during promulgation of judgement and lost right to avail of remedies under ROC
3. That the court trying the case has no jurisdiction over the person of the accused
• The court acquires
ac quires jurisdiction
juris diction over the
t he accused through
t hrough arrest or voluntary
vo luntary surrender.
surren der.
4. That the officer who filed the information had no authority to do so
•
People v Garfin: this also amounts to lack of jurisdiction of court (due to improper filing
of information).
5. That it does not conform substantially to the prescribed form
6. That more than one offense is charged except when a single punishment for various offenses is prescribed by law
7. That the criminal action or liability has been extinguished
8. That it contains averments which, if true, would constitute a legal excuse or justification
9. That the accused has been previously convicted or acquitted of the offense charged, or the case against him was
dismissed or otherwise terminated without his express consent (double jeopardy – see notes below)
- Related matters:
- Grounds must be specified in motion to quash. The court shall consider no ground other than those stated
in the motion.
• Exception – (2) can be considered
con sidered even
e ven if not stated in motion.
m otion.
o If any other ground is raised by the accused then that would imply that the
accused acknowledges jurisdiction
jurisdiction of the court.
- Grounds can be waived. The failure of the accused to assert any ground of a motion to quash before he pleads
to the complaint or information, either because he did not file a motion to quash or failed to allege the same in said
motion, shall be deemed a waiver of such objections.
• Exception – (1), (2), (7), (9) cannot be waived.
- If the motion to quash is sustained, court may order amendment or re-filing of information (see
below).
• Exception – (7), (9) serve
s erve as a bar
b ar to
t o another
an other prosecutio fo r the same offense . Information cannot
prosecutionn for
be re-filed.
- Note – not grounds for motion to quash:
1. Execution by offended party of an affidavit of desistance
2. Absence of probable cause for the issuance of warrant of arrest (although this is a ground for
eventual dismissal of the case)
3. Matters of defense (except those enumerated above)
4. Absence of preliminary
pre liminary investigation
inves tigation (proper
(prope r ground for petition
peti tion for reinvestigation
reinves tigation

B-1. Double Jeopardy

- Constitutional basis – no person shall be twice put in jeopardy of punishment for the same offense.
- Jeopardy – danger of conviction
convic tion and punishment which the defendant
de fendant in a criminal action incurs whenw hen a
valid indictment has been found. Note: the Constitution
Constituti on does not prohibit placing a p person
erson in jeopardy.
What it prohibits
prohib its is double
doubl e jeopardy.
- Requisites:
1. Accused has been convicted or acquitted, or the case against him dismissed or otherwise terminated without his
express consent
• Convictions can be appealed by the accused, but he thereby waives his right to the
constitutional safeguard against double jeopardy and throws the whole case open to
review by the appellate court.
• Acquittals are final and cannot be appealed.
appeale d. Exception – if court acted
act ed with GADALEJ,

judgement is void and certiorari (Rule 65) may be availed of, but petitioner in such an

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 extraordinary proceeding must clearly demonstrate that the trial court blatantly abused
its authority to a point so grave as to deprive it of its very power to dispense justice.
• Express consent – must be positive, direct, unequivocal, and requiring no inference or
implication to supply its meaning.
• If dismissed with express consent, operates as waiver of right against double jeopardy
for the reason that he effectively prevents court from proceeding to trial on the merits
and rendering a judgement of conviction against him.
•
Dismissals equivalent to acquittal even with consent of the accused – if ground is (a)
insufficiency of evidence, or (b) denial of the right to speedy trial, or (c) discharge of an
accused to be state witness (unless he later fails or refuses to testify in accordance with
the basis of his discharge)
• Note: PI is not a trial to which double jeopardy attaches. Dismissal of a case during its
PI does not constitute double jeopardy.
• Note: Double jeopardy rule has reference only to criminal aspect of case. Does not
apply to civil and administrative aspects. Offended party may still appeal civil aspect of
case.
2. By a court of competent jurisdiction
• If court acted with grave abuse of discretion or there was a mistrial, judgement is
considered issued without jurisdiction and void.
• Where there is violation of basic constitutional
cons titutional rights
r ights (such as right to due
d ue process of the
State), courts are ousted of their jurisdiction.
• A court initially
ini tially with jurisdiction
jurisdicti on may be ousted
ou sted of that same jurisdiction,
jurisdi ction, an event
eve nt which
would bar any invocation
i nvocation of double
dou ble jeopardy.
3. Upon a valid complaint or information or other formal charge sufficient in form and substance to sustain a
conviction
4. After the accused
accu sed had pleaded t o the charge (should have been validly arriagned)
p leaded to
5. Second jeopardy must be for the same offense, or the second offense includes or is necessarily included in the
offense charged in the first information, or is an attempt to commit the same or a frustration thereof
• A single criminal act may give rise to a multiplicity
multiplicit y of offenses.
offens es. Prosecution
Prosec ution for the
t he same
act is not prohibited. What is prohibited is prosecution for the same offense.
• Two or more offenses arising arisi ng from the same
sam e act are not the same if oneo ne provision of law
requires proof of an additional act or element which the other does not.
• Exceptions (when double jeopardy shall not apply despite prior conviction):
a. Graver offense developed due to supervening facts arising from the same act or omission

b. constituting
constituting the former
Facts constituting the charge
graver charge became known or were discovered only after a plea was
entered in the former complaint or information
c. Plea of guilty to the lesser offense was made without the consent of the prosecutor and of the
offended party (except if plea bargaining allowed in absence of offended party)
• In any of the foregoing cases, where the accused satisfies or serves in whole or in part the
judgment, he
h e shall be
b e credited with
w ith the same
sa me in the event
ev ent of conviction
conv iction for the
th e graver offense.
of fense.

C. Effects of Motion to Quash

- If denied:
- Remedy is not a petition for certiorari, but for petitioners to go to trial, without prejudice to
reiterating the special defenses invoked in their motion to quash.
- Exception: certiorari lies if GADALEJ
- If sustained:
1. Case may be dismissed.
2. Court may order amendment of complaint/information.

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 •If the motion to quash is based on an alleged defect of the complaint or information which can be cured
by amendment.
•The motion shall be granted if the prosecution fails to make the amendment, or the complaint or
information still suffers from the same defect despite the amendment.
3. Court may order that another complaint or information be filed.
•If the order is made, the accused, if in custody, shall not be discharged unless admitted to bail.
•If no order is made or if having been made, no new information is filed within the time specified in the
order or within such further time as the court may allow for good cause, the accused, if in custody, shall
be discharged unless he is also in custody for another charge.
•See exception above.

D . Pr o v i s i o n a l D i s m i s s a l
- Contemplates a dismissal of the criminal action which is not permanent and can be revived within the
periods set by the rules.
- Distinguish motion to dismiss (with prejudice to re-filing of same case) from withdrawal of
information (without prejudice to refiling of same case).
- Motion to withdraw information is not time-barred and does not fall within ambit of rules on
provisional dismissal.
- Requisites for provisional dismissal:
1. Express consent
con sent of the accused
•

Required
will place to bar
h im
him in accused from subsequently asserting that the revival of the criminal case
double jeopardy.
2. Notice to the
th e offended party.
3. Court issues an order granting the motion and dismissing the case provisionally
4. Public prosecutor is served with a copy of the order of provisional dismissal of the case
Periods are counted after service to public prosecutor.
•

- If requisites are not met, case may be revived even after periods stated below, subject to the
defense of prescription or to the defense of double jeopardy when applicable.
- Also if there is justifiable necessity for delay, State may revive beyond the periods. However, in
such case, double jeopardy still applies.
- Periods set:
1. Offenses punishable by imprisonment max 6 years or a fine of any amount, or both – provisional dismissal shall
become permanent 1 year after issuance of the order without the case having been revived.
2. Offenses punishable by imprisonment of more than 6 years – provisional dismissal shall become permanent 2 years
after issuance of the order without the case having been revived.
Periods are counted after receipt of notice by offended party and public prosecutor.
•

What needs to happen within

• withi n period is filing
fi ling of motion to revive case,
case , not necessarily
necessari ly court order
reviving case.
- How case is revived within time-bar – by re-filing of information or filing of new information.
- No need for new PI. Exceptions:
" If after provisional dismissal, original witnesses or some of them have recanted their
testimonies, or have died, or are no longer available.
" If new witnesses for the State have emerged.
" If aside from original accused, other persons are charged under a new criminal
complaint.
" If under ne complaint, original charge has been upgraded or criminal liability of accused
is upgraded.

X. PRE-TRIAL, TRIAL, AND DEMURRER TO EVIDENCE

Criminal Procedure Reviewer | VaMitch| 36

A. Mediation
- Cases which may be subject to mediation: civil aspect of BP22 cases, civil aspect of quasi-offenses, civil
aspect of estafa and libel, civil aspect of theft.
- In court-annexed mediation, mediator is assigned to faciliate negotiation process between parties.
Lawyers stay in background.
- In JDR, judge (who is different from trial judge) facilitates settlement discussions between parties and
makes non-binding and impartial evaluation of the merits of their cases. Goal is to persuade parties to
settle their case amicably.
- If no settlement is reached, case is raffled for pre-trial and trial.

B. Pre-Trial Rule 118)

- Pre-trial is mandatory in all criminal cases cognizable by the Sandiganbayan, RTC, MTC.
- Purpose – to expedite proceedings.
- 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 proper sanctions or penalties.
- When pre-trial shall be held: hel d:
- After arraignment
a rraignment and within
w ithin 30 daysd ays from
fro m the date the
th e court acquires jurisdiction
jurisdictio n over the person
p erson of
o f the accused,
unless a shorter period is provided for in special laws or circulars of the Supreme Court.
- If accused is under detention, must be held within 10 days from arraignment.
- Matters to be considered during pre-trial:
1. Plea bargaining
• Exception: plea-bargaining not allowed in the case of violations of CDDA.
2. Stipulation of facts – matters no longer l onger in need of proof/evidence
proof/evidenc e
3. Marking for identification
identifica tion of evidence
evi dence of the
th e parties
4. Waiver of objections to admissibility of evidence
5. Modificatio
Modificationn of the order
or der of trial
tria l if the accused
accu sed admits
admi ts the charge but interposes
interp oses a lawful
law ful defense
defen se
6. Such other matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case
- Pre-trial agreements:
- All agreements or admissions
admission s shall be reduced in writing and signed by the accused and counsel. Otherwise, Otherwise , they
cannot be used against the accused.
- Agreements must m ust be approved
app roved by the t he court.
- After the pre pr e!trial conference, the court shall issue an order:
• Reciting the (a) actions taken, (b) the facts stipulated, and (c) evidence marked.
•

Such
courseorder
of theshall
action(a)during
bind the
the trial,
parties, (b) modified
unless limit the by
trial
thetocourt
matters not disposed
to prevent manifestof,injustice.
and (c) control the
- Bayas v Sandiganbayan: once validly entered into, stipulations will not be set aside unless for good
cause (nb: role of stipulations in speedy disposition of cases). No need for pre-trial order from
court. The party who validly made them can be relieved therefrom only upon a showing of
collusion, duress, fraud, misrepresentation as to facts, and undue influence, or upon a showing of
sufficient cause on such terms as will serve justice in a particular case.

B. Trial Rule 119)

- Trial calendar
1. Arraignment.
After a plea
• ple a of not guilty
gui lty is entered,
entere d, the accused
accus ed shall have at least
le ast 15 days
da ys to prepa
prepare
re for trial.
trial .
2. Submission of judicial affidavits
Takes the place
• plac e of direct testimonies
t estimonies of witnesses.
witnesse s.
Where it can be made use of:
• o f:
a. In criminal actions where max penalty is 6 years

Criminal Procedure Reviewer | VaMitch| 37

 b. Where accused
accus ed agrees to use,
u se, irrespective
irrespect ive of penalty involved
c. With respect
respec t to civil aspect
asp ect of actions,
action s, irrespective of penalty involved
in volved
• Prosecution shall submit not later than 5 days before pre-trial, with attached
documetary/object evidence (exhibit a, b, c, etc). No further judicial affidavit,
documentary, or object evidence shall be admitted at trial.
• Accused has option to submit affidavits within 10 days from receipt of prosecution’s prosecution ’s
affidavits, with attached documentary/object evidence (exhibit 1, 2, 3, etc).
•
Non-compliance with the above periods and required form of affidavits is deemed a
waiver of submission.
submi ssion.
• However, court can allow late submission once, and compliant replacement of
affidavits once. Provided delay was for valid reason, would not unduly prejudice
adverse party, and with payment of fine.
• Court shall not consider the affidavit of any witness who fails to appear during trial as
required.
• If summary proceeding: complaint/information must already be accompanied by judicial
affidavits. Must be complied with within 5 days from filing. If case is commenced, court
serves accused with affidavits. Accused has 10 days from receipt of said order to submit
counter-affidavits. Prosecution has 10 days from receipt of counter-affidavits to submit
reply affidavits. During trial -> At the trial, the affidavits submitted by the parties shall
constitute the direct testimonies of the witnesses who executed the same. Witnesses who
testified may be subjected to cross! examination, redirect or re!cross examination.
Should the affiant fail to testify, his affidavit shall not be considered as competent
evidence for the party presenting the affidavit, but the adverse party may utilize the same
for any admissible purpose. Except in rebuttal or surrebuttal, no witness shall be allowed
to testify unless his affidavit was previously submitted to the court in accordance with
Section 12 hereof.chanrobles virtual law library However, should a party desire to
present additional affidavits or counter! affidavits as part of his direct evidence, he shall
so manifest during the preliminary conference, stating the purpose thereof. If allowed by
the court, the additional affidavits of the prosecution or the counter !affidavits of the
defense shall be submitted to the court and served on the adverse party not later than
three (3) days after the termination of the preliminary conference. If the additional
affidavits are presented by the prosecution, the accused may file his counter !affidavits
and serve the same on the prosecution within three (3) days from such service.
3. Pre-trial
4. The trial shall commence within 30 days from receipt of the pre !trial order or order for new trial.
5. Trial once commenced shall continue from day to day as far as practicable until terminated.
• The court shall, after consultation with the prosecutor and defense counsel, set the case for continuous
trial on a weekly or other short !term trial calendar at the earliest possible time so as to ensure speedy
trial.
• However, it may be postponed for a reasonable period of time for good cause. See periods of delay
below.
6. In no case shall the entire trial period exceed 180 days from the first day of trial
• Except as otherwise authorized by law or the Supreme Court. Eg if with judicial affidavits, 60
days max
• Periods of delay not counted.
• If the accused is not brought to trial within the time limit required, the information may be dismissed on
motion of the accused on the ground of denial of his right of speedy trial.
• The accused shall have the burden of proving the motion but the prosecution shall have the
burden of going forward with the evidence to establish the allowable exclusions.

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 • Failure of the accused to move for dismissal prior to trial shall constitute a waiver of the right
to dismiss.
- Exclusions – the following periods of delay shall be excluded in computing the time within which trial must commence:
1. Any period of o f delay resulting
re sulting from other proceedings
proce edings concerning
con cerning the accused,
a ccused, including:
incl uding:
a. Examinati
Examination on of the physical
p hysical and mental condition
cond ition of the
th e accused
b. Proceedings with respect to other criminal charges against the accused
c. Extraordin
Extraordinary ary remedies
remedi es against interlocutory
interlocutor y orders
d. Pre!trial proceedings; provided delay does not exceed 30 days
e. Orders of inhibition, or proceedings relating to change of venue of cases or transfer from other courts
f. Finding of the existence of a prejudicial question
g. Any proceeding
proceed ing in which the accused is under advisemen
a dvisement;t; not to exceed
exce ed 30 days
da ys
2. Any period ofo f delay resulting
re sulting from the absence
absen ce or unavailability
unava ilability of
o f an essential
ess ential witness.
wit ness.
• Essential – one whose testimony dwells on the presence of some or all of the elements
of the crime and whose testimony is indispensible to the conviction of the accused.
• Absent – whereabout
w hereaboutss are unknown
unkno wn or cannot
canno t be determined
determ ined by duedu e diligence
• Unavailable – whereabout are known, but presence for trial cannot be obtained by due diligence
3. Any period ofo f delay resulting
re sulting from the mental incompetence
incompeten ce or physical
physica l inability
inabilit y of the accused
accus ed to stand trial.
4. If the information is dismissed upon motion of the prosecution and thereafter a charge is filed against the accused
for the same offense, any period of delay from the date the charge was dismissed to the date the time limitation
would commence to run as to the subsequent charge had there been no previous charge.
5. A reasonab
reasonable
le period of delay when the accused is joined for trial with a co!accused over whom the court has not
acquired jurisdiction, or, as to whom the time for trial has not run and no motion for separate trial has been
granted.
6. Any period of delay resulting from a continuance granted by any court (motu proprio, or on motion of either the
accused or his counsel, or the prosecution). Factors for granting continuance (subject to judicial
discretion):
a. Whether or not the failure to grant a continuance in the proceeding would likely make a continuation of
such proceeding impossible or result in a miscarriage of justice
b. Whether or not the case taken as a whole is so novel, unusual and complex, due to the number of
accused or the nature of the prosecution, or that it is unreasonable to expect adequate preparation within
the periods of time established therein.
• No continuance shall be granted because of (a) congestion of the court's calendar or (b) lack of diligent
preparation
preparati on or failure
fail ure to obtain
obta in available
avail able witnesses
witn esses on the
th e part of the
th e prosecutor.
prosecuto r.
• Basis must be that that the ends of justice served by taking such action outweigh the best interest of the
public and the accused in i n a speedy
speed y trial
- Rules on witnesses:
- Witnesses may m ay be examined even before trial t rial of the case.
case .
• Grounds to allow such:
• Accused – witness is sick or infirm as to afford reasonable ground for believing that he will
not be able to attend the trial, or resides more than one 100 kilometers from the place of trial
and has no means to attend the same, or that other similar circumstances exist that would
make him unavailable or prevent him from attending the trial.
• Prosecution – witness is too sick or infirm to appear at the trial as directed by the order of
the court, or has to leave the Philippines with no definite date of returning,
• Who to present
presen t to:
• Accused – the examination shall be taken before a judge, or before a designated inferior
court, or if not practicable, a designated member of the bar in good standing
• Prosecution – before the court where the case is pending.
- Discharge
1. Twooforaccused to beare
more persons a state
jointlywitness, requisites:
charged with the commission of any offense

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 • Note: when two or more accused are jointly charged with any offense, they shall be tried jointly
unless the court, in its discretion and upon motion of the prosecutor or any accused, orders
separate trial for one or more accused.
2. Upon motion of the prosecution before resting its case
3. Prosecution presents evidence and the sworn statement of each proposed state witness at a hearing in
support of the discharge.
• Evidence adduced in ssupport
upport of the discharge shall automatically
automatica lly form
f orm part of the trial. If th
thee
court denies the motion for discharge of the accused as state witness, his sworn statement shall
be inadmissible in evidence.
4. The court is satisfied that:
a. There is absolute necessity for the testimony of the accused whose discharge is requested
b. There is no other direct evidence available for the proper prosecution of the offense committed,
except the testimony of said accused
c. The testimony of said accused can be substantially corroborated in its material points
d. Said accused does not appear to be the most guilty
e. Said accused has not at any time been convicted of any offense involving moral turpitude
• The order shall amount to an acquittal of the discharged accused and shall be a bar to future prosecution
for the same offense, unless the accused
accu sed fails
fa ils or refuses to testify
testi fy agai
against
nst his co!accused in accordance with
his sworn statement constituting the basis for the discharge.
- Trial in absentia,
absen tia, requisites:
requisite s:
1. Accused has already been arraigned.arrai gned.
2. Accused has been duly notified no tified of the trial or hearings.
3. Absence of the t he accused or o r his failure to appear is unjustified.
unjus tified.
- Order of trial:
1. The prosecution shall present evidence to prove the charge and, in the proper case, the civil liability.
2. The accused may present evidence to prove his defense, and damages, if any, arising from the issuance of a
provisional
provision al remedy in
i n the case.
3. The prosecution and the defense may, in that order, present rebuttal and sur !rebuttal evidence.
• Unless the court, in furtherance of justice, permits them to present additional evidence bearing upon the
main issue.
4. Upon admission of the evidence of the parties, the case shall be deemed submitted for decision.
• Unless the court directs them to argue orally or to submit written memoranda.
- When the accused admits the act or omission charged in the complaint or information but interposes a lawful
defense, the order of trial may be modified.
- Demurrer to evidence
- After the prosecution
prosecutio n rests
re sts its case,
ca se, the co
court
urt may dismiss the action on the
t he gr
ground
ound of insufficiency
insufficien cy of evidence: (a)
on its own initiative (motu proprio) after giving the prosecution the opportunity to be heard or (b) upon
demurrer to evidence filed by the accused with or without leave of court.
- Demurrer to evidence
• An objection
obje ction by one of the parties in an action to the effect that the t he evidence
evid ence which
w hich his
h is
adversary produced is insufficient to make out a case or sustain the issue.
• Calls for the appreciation of the evidence adduced by the prosecution and its sufficiency
to warrant conviction.
• Actually a motion to dismiss that is filed by the accused. Guidelines in determining
whether motion
mot ion is a demurrer
demurre r to evidence or just a motion
moti on to dismiss:
dismiss :
a. Allegations
b. State of the proceeding at which it is filed (demurrer is after prosec rests its
case)
c. Primary objective of the party filing it
• Why distinction
dis tinction is important
impo rtant – to determine
dete rmine whether
whe ther or not accused
accu sed has waived
his right to present evidence in his defense.

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 •Grant is tantamount to an acquittal. May not be appealed.
- Demurrer to evidence with leave of court
•The motion for leave of court to file demurrer to evidence shall specifically state its grounds and shall be
filed within a non!extendible period of 5 days after the prosecution rests its case. The prosecution may
oppose the motion within a non ! extendible period of 5 days from its receipt.
• If leave of court is granted, the accused shall file the demurrer to evidence within a
non!extendible period of 10 days from notice. The prosecution may oppose the demurrer to
evidence within a similar period from its receipt.
• 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.
•If the court denies the demurrer to evidence filed with leave of court, the accused may adduce evidence in
his defense.
- Demurrer to evidence without leave of court
•When the demurrer to evidence is filed without leave of court, the accused waives the right to present
evidence and submits the case for judgment on the basis of the evidence for the prosecution.

XI. JUDGEMENT AND REMEDIES

A. Judgement Rule 120)

- Judgement – the adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition
on him of the proper penalty and civil liability, if any.
- Form requisites:
1. Must be written
wri tten in the official la nguage (English)
o fficial language
" Can be done orally (Filipino, English, dialect) provided it be written after in English.
2. Personally and directly prepared by the judge and signed by him
• People v Alfredo: the fact that the trial judge who rendered judgement was not the one
who has occasion to observe witnesses during trial, but merely relied on records of the
case, does not render judgement erroneous, especially where the evidence on record is
sufficient to support its conclusion.
3. Shall contain clearly and distinctly (a) a statement of the facts and (b) the law upon which it is based.
- Required contents:
- If judgement of conviction:
1. Legal qualification of the offense constituted by the acts committed by the accused
•
The accused may be convicted only of the crime with which he is charged.
Exception: rule on variance.
• 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.
• When there is variance between the offense charged in the complaint or information and that
proved, and the offense as charged is included in or necessarily
necessaril y includes
in cludes 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.
o If the offense charged and the offense proved is not connected then
substitution of information can be done.
o Filing of more than one offense which are connected simultaneously in
the same or different courts is not allowed due to Exclusionary
Jurisdiction
Jurisdictio n Rule.

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 • An offense
offens e charged necessarily
n ecessarily includes
i ncludes the
th e offense proved when
w hen some ooff the essential
esse ntial elements
elem ents or
ingredients of the former, as alleged in the complaint or information, constitut
constitutee the latter. And
an offense charged is necessarily included in the offense proved, when the essential ingredients of
the former constitute or form a part of those constituting
constituting the latter.
2. Aggravating or mitigating
mitigatin g circumstances
circumstance s which attended
att ended its co
commission
mmission
3. Participation of the accused in the offense, whether as principal, accomplice, or accessory after the fact
4. Penalty imposed upon the accused
5.
Civil liability or damages, if any
Note – principle of exclusionary jurisdiction. If there are 2 different cases for different
•

offenses, even if proceeding from same act, judgement in one does not bar judgement in
another. In both civil and criminal aspects.
- If judgement of acquittal
1. State whether the evidence of the prosecution absolutely failed to prove the guilt of the accused or merely
failed to prove his guilt beyond reasonable
reasonab le doubt
2. Shall determine if the act or omission from which the civil liability might arise did not exist
- Promulgation of judgement:
1. Notify accused of hearing
Personally or through his bondsman/warden and counsel.
•

If he jumped bail or escaped from prison, notice shall be served at his last known address.
•

2. Judgement must be read in the th e presence

pr esence of th ccused (with the presence/assistance of his counsel as per
thee aaccused
the Rule on the Rights of the Accused.
•
Exception: if the conviction is for a light offense, the judgment may be pronounced in the presence of his
counsel or representative.
representative.
• If absent despite notice, 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.
• If the judgment is for conviction and the failure of the accused to appear was without justifiable cause, he
shall lose the remedies available in these rules against the judgment and the court shall order his arrest.
•Within 15 days from promulgation of judgment, however, the accused may (a) surrender and
(b) file a motion for leave of court to avail of these remedies. He shall state the reasons for his
absence at the scheduled promulgation and if he proves that his absence was for a justifiable
cause, he shall be allowed to avail of said remedies within 15 days from notice.
3. Judgement is given by any judge of the court in which it was rendered
• When the judge is absent or outside of pcm, may be promulgated by the clerk of court.
• If the accused is detained in another pcm, may be promulgated by the executive judge of the RTC with

- Judgement becomesjurisdiction,
jurisdiction
b ecomes final , upon request
req uest of the court which rendered
r endered the
th e judgment.
- Judgement of acquittal
ac quittal – immediately.
im mediately.
- Judgement of conviction:
c onviction: , a judgment becomes final: fi nal:
1. After the lapse
l apse of the
th e period for
f or perfecting
perfectin g an appeal,
appe al, or
2. When the sentence has been partially or totally satisfied or served, or
3. When the accused has waived in writing his right to appeal, or
4. When the accused has applied for probation.
- Exception: where the death penalty pen alty is imposed
impo sed
- At any time (a) before
be fore finality of the
th e judgment
judg ment of o f conviction,
con viction, the judge
ju dge m
may,
ay, (b)
(b ) motu proprio or upon
up on motion,
mo tion, (c)
with hearing in either case, reopen the proceedings (d) to avoid a miscarrage of justice. The proceedings shall be (e)
terminated within 30 days from the order granting it.
- Judgment of conviction, before
b efore finality,
fin ality, may beb e modified
modifie d or set aside
as ide (upon motion
m otion of the
th e accused):
1. New trial
2. Reconsideration
3. Appeal

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B. New Trial or Reconsideration Rule 121)
- How instituted:
1. Upon motion of the accused, or
2. At the instance
insta nce of the court,
cou rt, with the consent of the accused
*Cannot be by motion of the prosecution since this would imply that the case resulted into an
unfavorable judgment against the State such as acquittal or conviction of a lesser penalty/offense. In
both cases, a motion for reconsideration or a motion for a new trial or an appeal would violate the
accused’s rights against double jeopardy.
- Form of motion:
1. Shall be in writing
2. Shall state the grounds on which it is based
• Grounds for new trial:
a. Errors of law or irregularities
irregular ities prejudicial
prejudicia l to the substanti
substantial
al rights of the accused have been
committed during the trial (prayer for further proceedings due to factors which
prevented you to present your case fully; Fraud, Accident, Mistake, Excusable
negligence)
b. (i) New and material evidence has been (ii) discovered which the (iii) accused could not with
reasonable diligence have discovered and produced at the trial and which (iv) if introduced and
admitted would probably change the judgment.
• Ground for reconsideration – errors of law or fact in the judgment, which requires no further
proceedings..
proceedings
3. If based on a newly !discovered evidence, the motion must be supported by affidavits of witnesses by whom such
evidence is expected to be given or by duly authenticated copies of documents which are proposed to be introduced in
evidence.
4. Notice of the
th e motion for
fo r new trial or reconsideration
reconsid eration shall
sh all be given
giv en to the prosecutor.
p rosecutor.
- Effects of grant:
1. Hearing on evidence
• Where a motion for a new trial calls for resolution of any question of fact, the court may hear evidence
thereon by affidavits or otherwise.
• If new trial on ground (a) – all proceedings and evidence affected thereby shall be set aside and taken
anew. The court may, in the interest of justice, allow the introduction of additional evidence.
• If new trial on ground (b) – the evidence already adduced shall stand and the newly !discovered and
such other evidence as the court may, in the interest of justice, allow to be introduced shall be taken and
considered together with the evidence already in the record.

2. In
andalla cases, when therendered
new judgment court grants new trial or reconsideration, the original judgment shall be set aside or vacated
accordingly.

C. Appeals Rule 122-125)

- Right to appeal is not a natural right but a statutory grant.
- May be exercised only in the manner and in accordance with the provisions of law.
- Rules of procedure, especially those prescribing the time within which certain acts must be done,
have oft been held as absolutely indispensable to the prevention of needless delays and to the
orderly and speedy discharge of business.
• But deviation from rigid enforcement of rules may be allowed to attain justice.
- Who may appeal – any party (refers to civil aspect only as the prosecution may not appeal the criminal
aspect without violation the rule against double jeopardy) , unless the
th e accused will
w ill be placed
pl aced in double
do uble jeopardy.
jeopa rdy.
- When accused
ac cused appeals, he
h e waives
waive s the protection of the prohibition on double doub le jeopardy
je opardy and runs
the risk of being sentenced to a penalty higher than that imposed by the trial court.
- Period for appeal
- Must be done within 15 days from promulgation of judgement or from notice of final order appealed from.

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 - Period starts fresh after receipt of notice of a pervious order.
- Modes of appeal:
- Offense punishable by reclusion temporal or lower:
•MTC original jurisdiction
MTC ! RTC Rule 40
RTC ! CA Rule 42 petition for review
CA ! SC Rule 45 petition for review on certiorari, questions of law only
•RTC original jurisdiction
RTC ! CA Rule 41
RTC ! SC Rule 45
*Quesada v DOJ: direct recourse to SC is warranted only where
there are special and compelling reasons specifically alleged in
the petition to justify such action. Otherwise, respect hierarchy
of courts.
CA ! SC Rule 45
•SB original jurisdiction
SB ! SC Rule 45

- Offense punishable by reclusion perpetua or life imprisonment:

RTC ! CA ordinary appeal
!
CA SC ordinary appeal
- Offense punishable by death
RTC ! CA automatic (no notice of appeal necessary)
CA ! SC automatic

- Note: Rule 65 special civil action for certiorari

• Not a mode of appeal.
• Can be availed of against (a) interlocutory orders/no appeal available, or (b) when there
is not other plain, speedy, and adequate remedy in the ordinary course of law.
• Period – 60 days.
• A special civil action separate and independent from criminal case. May be filed by
private offended party.
• Heirs of Burgos v CA: if alleging GADALEJ, will prosper even if connected to
criminal aspect of case.
- Appeal process:
proce ss:
1. File notice of appeal with the court which rendered the judgment or final order appealed from and by serving a copy
thereof upon the adverse party.
• The appellee may waive his right to a notice that an appeal has been taken. The appellate court may, in
its discretion, entertain an appeal notwithstanding failure to give such notice if the interests of justice so
require.
• Exception – automatic review.
• Tamayo v CA: failure to file notice of appeal results in the failure of the appellate court to
acquire jurisdiction over the appealed decision, thus case becomes final if accused fails
to move for reconsideration. Failure to file brief with appellate court results in the
abandonment of the appeal which can lead to its dismissal upon failure to move for its
reconsideration.
•

Cajipethe
Only OSG, ifhowever,
v People: notice of appeal
may onthe
pursue part of the
appeal State,the
before it must be filed
CA. Prior by prosecutor.
to CA, OSG is not

Criminal Procedure Reviewer | VaMitch| 44

 a party to the case and RTC not required to serve it with notices or copies of case. It is
duty of prosec to notify OSG.
2. Stenographic reporter
reporter transcribes notes of the proceedings and files notes with clerk of court.
3. Clerk transmits complete records of case to clerk of appellate court
4. If appeal is to RTC:
• Upon receipt of the complete record of the case, clerk of court notifies the parties of such fact.
• Parties may submit memoranda or briefs, or may be required by the RTC to do so.
•
After the
t he submission
sub mission of such
su ch memoranda
mem oranda or briefs,
bri efs, or
o r upon
upo n the expiration of the period to file
fil e the same,
the RTC shall decide the case.
5. If appeal is to MTC (Rule 123):
• Same as RTC, except if particular provisions in Revised Rule on Summary Procedure.
6. If appeal is to CA (Rule 124):
• Parties are notified of transmittal of records.
• Filing of briefs
• Appellant
Appella nt files brief
br ief
• After receipt
receip t of appelant’s
appe lant’s brief,
bri ef, appellee
appe llee files
file s brief.
• Appellant
Appella nt may file reply brief traversing matters raised in the former but not covered in the
brief of the appellant.
• CA can dismiss appeal if:
a. Appella
Appellant nt fails to file his brief
b rief within
withi n the time prescribed
p rescribed
b.Appellant
Appella nt escapes from prison or confinement,
confinemen t, jumps bail or flees to a foreign country during
the pendency of the appeal.
• Exception: if sentence is death (automatic review no matter what; People v
Latayada)
• Rendering judgement:
• No judgment shall be reversed
r eversed or modified
m odified unless the CA, after an eexamination
xamination of the th e record
reco rd
and of the evidence adduced by the parties, is of the opinion that error was committed which
injuriously affected the substantial rights of the appellant.
• The CA may reverse, affirm, or modify the judgment and increase or reduce the penalty
imposed by the trial court, remand the case to the Regional Trial Court for new trial or retrial,
or dismiss the case.
• 3 CA Justices shall constitute a quorum for the sessions of a division. The unanimous vote of
the 3 Justices of a division shall be necessary for the pronouncement of a judgment or final
resolution. In the event that the 3 Justices cannot reach a unanimous vote, form a special
division of 5 members and the concurrence of a majority of such division shall be necessary for
the pronouncement of a judgment or final resolution. The designation of such additional
Justices shall
sha ll be made
mad e strictly by raffle
r affle and
an d rotation among all other Justices
Justice s of the CA.
CA .
• Motion for new trial/reconsideration:
• At any time after the appeal from the lower l ower court has been perfected and before
befo re the judgment
judgm ent of
the Court of Appeals convicting the appellant becomes final, the latter may move for a new
trial on the ground of newly !discovered evidence material to his defense.
• When a new trial is granted, the CA may conduct the hearing and receive evidence or refer the
trial to the court of origin.
• A motion
m otion for reconsideration
reconside ration shall be filed within 15 days after from notice of the decision or
final order of the CA. No party shall be allowed a second motion for reconsider reconsideration
ation of a
judgment or final order.
orde r.
7. If appeal is to SC (Rule 125):
•

Same as CA, unless otherwise provided by the Constitutio

Constitutionn or by law

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 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.
- Withdrawal of appeal – may be granted
g ranted by:
- Original court before records of case are transmitted to appellate court.
- RTC who receives appeal from MTC case, before rendition of judgement. In such a case, MTC judgement becomes
final and case remanded
reman ded for execution
e xecution of judgement.
ju dgement.
- Effects of appeal:
- An appeal
app eal taken
ta ken by one or more of o f several
seve ral accused
accu sed shall
sh all not
no t affect
affe ct those who did
d id not appeal, except insofar
i nsofar as the
judgment of the
t he appellate
appell ate court is favorable
favorab le and applicable
ap plicable to the latter
latte r
- The appeal of the offended party from the civil aspect shall not affect the criminal aspect of the judgment or order
appealed from.
- Upon perfection of the appeal, the execution of the judgment or final order appealed from shall be stayed as to the
appealing party.
- Appeal throws the case wide open for review and reviewing tribunal can correct errors or even
reverse the trial court’s decision on grounds other than those that the parties raised as errors.

D. Provisional Remedies Rule 127)

- 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.
- When the civil action is properly instituted in the criminal action, the offended party may have the property of the accused
attached as security for the satisfaction of any judgment that may be recovered from the accused in the following cases:
1. When the accused is about to abscond from the Philippines
2. When the criminal action is based on a claim for money or property embezzled or fraudulently misapplied or
converted to the use of the accused who is a public officer, officer of a corporation, attorney, factor, broker, agent, or
clerk, in the course of his employment as such, or by any other person in a fiduciary capacity, or for a willful
violation of duty
3. When the accused has concealed, removed, or disposed of his property, or is about to do so
4. When the accused resides outside the Philippines

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