COMMISSION OF AN ARREST WITH WARRANT PRELIMINARY

OFFENSE INVESTIGATION

RULE 113, SEC. 1 RULE 112, SEC. 1

*Jurisdiction is acquired RULE 113, SEC. 3
Arrest is the taking of a Preliminary investigation defined;
either through voluntary Duty of arresting officer. — It
person into custody that when required. — Preliminary
submission to the court, shall be the duty of the officer
he may be bound to investigation is an inquiry or
arrest, or through the executing the warrant to arrest proceeding to determine whether
answer for the
posting of bail. the accused and to deliver him there is sufficient ground to
commission of an
to the nearest police station or engender a well-founded belief that
offense.
jail without unnecessary delay. a crime has been committed and
the respondent is probably guilty
INSTITUTION OF thereof, and should be held for trial.
RULE 111, SEC. 1
CRIMINAL ACTION CIVIL ACTION FOR Institution of criminal and civil Except as provided in section 7 of
actions. — When a criminal
CIVIL LIABILITY IS action is instituted, the civil
this Rule, a preliminary investigation
is required to be conducted before
DEEMED INSTITUTED action for the recovery of civil the filing of a complaint or
information for an offense where the
liability arising from the offense
(RULE 111) charged shall be deemed penalty prescribed by law is at least
four (4) years, two (2) months and
PENALTY IS AT LEAST instituted with the criminal
action unless the offended party
one (1) day without regard to the
fine.
FOUR (4) YEARS, waives the civil action, reserves
TWO (2) MONTHS, ALL OTHER OFFENSES the right to institute it separately
or institutes the civil action prior
ONE (1) DAY NOT UNDER RULE 112 to the criminal action.

WARRANTLESS PROBABLE NO PROBABLE

ARREST CAUSE CAUSE

PRELIMINARY COMPLAINT OR
INVESTIGATION INFORMATION FILED RULE 113, SEC. 5
Arrest without warrant; when lawful.
WITH INFERIOR — A peace officer or a private
person may, without a warrant, DISMISSAL ISSUE
COURTS OR OFFICE arrest a person:
Rule 110, Section 1. (a) When, in his presence, the SUBPOENA
Institution of criminal actions. — OF PROSECUTOR person to be arrested has
Criminal actions shall be instituted committed, is actually committing,
as follows: or is attempting to commit an
(a) For offenses where a preliminary offense;
investigation is required pursuant to (b) When an offense has just been
section 1 of Rule 112, by filing the committed, and he has probable
complaint with the proper officer for cause to believe based on personal
the purpose of conducting the
PROBABLE NO PROBABLE knowledge of facts or circumstances RESPONDENT FILES
requisite preliminary investigation.
(b) For all other offenses, by filing CAUSE CAUSE
that the person to be arrested has
committed it; and COUNTER-AFFIDAVIT
the complaint or information directly (c) When the person to be arrested
with the Municipal Trial Courts and is a prisoner who has escaped from
Municipal Circuit Trial Courts, or the a penal establishment or place
complaint with the office of the where he is serving final judgment or
prosecutor. In Manila and other is temporarily confined while his
chartered cities, the complaint shall case is pending, or has escaped
be filed with the office of the CRIMINAL
DISMISSAL while being transferred from one RESOLUTION
prosecutor unless otherwise
provided in their charters.
INFORMATION confinement to another.

FILED IN COURT
 Additional situations when
warrantless arrest is valid:

a) Where a person who has been

CRIMINAL lawfully arrested escapes or is MAY FILE PETITION
JUDGE ISSUES WARRANT OF rescued (RULE 114, Sec. 13)
INFORMATION FILED ARREST UPON FINDING FOR REVIEW WITH
IN COURT UPON PROBABLE CAUSE
b) By the bondsmen for the purpose
of surrendering of the accused
DOJ OR OP
FINDING OF (RULE 114, Sec. 23)

PROBABLE CAUSE c) Where the accused attempts to

leave the country without
permission of the court (RULE 114,
Sec. 23) CRIMINAL INFORMATION
POSTING OF BAIL FILED IN COURT

JUDGE ISSUES
WARRANT OF ARREST
UPON FINDING OF ARRAIGNMENT/PLEA SEARCH AND SEIZURE
PROBABLE CAUSE JUDGE EVALUATES
RESOLUTION OF PUBLIC
RULE 126, SEC. 13 PROSECUTOR
Search incident to lawful arrest. — A person
lawfully arrested may be searched for
PRE-TRIAL dangerous weapons or anything which may
POSTING OF BAIL have been used or constitute proof in the
commission of an offense without a search
warrant.

PROBABLE NO PROBABLE
JUDGMENT
CAUSE CAUSE
ARRAIGNMENT/PLEA TRIAL
INQUEST PROCEEDINGS
APPEAL DISMISSAL WARRANT
OF ARREST
PRE-TRIAL
ACCUSED MAY ASK FOR
NO PROBABLE CAUSE
PRELIMINARY
JUDGMENT INVESTIGATION
SUBMIT COMMITMENT
TRIAL ORDER IF
ADDITIONAL
AFFIDAVIT DETAINED
APPEAL WAIVER ART. 125
 *Public prosecutor shall determine whether or not warrantless arrest was valid.

IMMEDIATE RELEASED
DETAINED VALID ARREST INVALID ARREST
OF THE ACCUSED

JUDGE ISSUES CRIMINAL INFORMATION PRELIMINARY INVESTIGATION

COMMITMENT ORDER FILED IN COURT

ACCUSED RELEASED
FROM CUSTODY CRIMINAL INFORMATION
JUDGE ISSUES WARRANT OF FILED IN COURT UPON FINDING
ARREST UPON PROBABLE OF PROBABLE CAUSE
RULE 115
Rights of accused at the trial. — In all criminal prosecutions, CAUSE
the accused shall be entitled to the following rights:
(a) To be presumed innocent until the contrary is proved
beyond reasonable doubt. 1987 CONSTITUTION, ART. III, SEC 2
(b) To be informed of the nature and cause of the The right of the people to be secure in their persons, houses, papers, and effects
accusation against him. against unreasonable searches and seizures of whatever nature and for any
(c) To be present and defend in person and by counsel at
purpose shall be inviolable, and no search warrant or warrant of arrest shall issue
every stage of the proceedings, from arraignment to
promulgation of the judgment. The accused may, however,
waive his presence at the trial pursuant to the stipulations
POSTING OF BAIL except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he
set forth in his bail, unless his presence is specifically may produce, and particularly describing the place to be searched and the
ordered by the court for purposes of identification. The persons or things to be seized.
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. When an accused under custody
escapes, he shall be deemed to have waived his right to be

ARRAIGNMENT
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 PROBABLE CAUSE NO PROBABLE CAUSE
assistance of counsel.
(d) 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.
(e) To be exempt from being compelled to be a witness PRE-TRIAL
against himself.
(f) To confront and cross-examine the witnesses against him
at the trial. Either party may utilize as part of its evidence
ISSUE WARRANT SUBMIT
the testimony of a witness who is deceased, out of or can
not with due diligence be found in the Philippines,
OF ARREST SUPPORTING
unavailable or otherwise unable to testify, given in another
case or proceeding, judicial or administrative, involving the
AFFIDAVITS
same parties and subject matter, the adverse party having
the opportunity to cross-examine him. JUDGMENT The judge may rely upon fiscal’s
certification of the existence of
(g) To have compulsory process issued to secure the If on the face of the information he finds
probable cause whether or not the
attendance of witnesses and production of other evidence no probable cause, he may disregard the
case is cognizable only by the RTC.
in his behalf. fiscal’s certification and require the
(h) To have speedy, impartial and public trial. He shall personally evaluate the
submission of supporting affidavits of
(i) To appeal in all cases allowed and in the manner report and the supporting
witnesses to aid him in arriving at a
prescribed by law. documents submitted by the fiscal
conclusion as to the existence of a
regarding the existence of probable
APPEAL cause.
probable cause.
 RULE 117, SEC. 3
Grounds. — The accused may move to quash the complaint or information
on any of the following grounds:
POSTING OF BAIL ARRAIGNMENT
(a) That the facts charged do not constitute an offense;
(b) That the court trying the case has no jurisdiction over the offense
charged; RULE 116, SEC. 1
(c) That the court trying the case has no jurisdiction over the person of the Arraignment and plea; how made. —
accused;
(d) That the officer who filed the information had no authority to do so; (a) The accused must be arraigned before the court
(e) That it does not conform substantially to the prescribed form;
(f) That more than one offense is charged except when a single punishment
MAY FILE MOTION TO QUASH where the complaint or information was filed or
assigned for trial. The arraignment shall be made in
for various offenses is prescribed by law; open court by the judge or clerk by furnishing the
(g) That the criminal action or liability has been extinguished; accused with a copy of the complaint or information,
(h) That it contains averments which, if true, would constitute a legal excuse RULE 117, SEC. 1
reading the same in the language or dialect known to
or justification; and him, and asking him whether he pleads guilty or not
(i) That the accused has been previously convicted or acquitted of the Time to move to quash. — At any time before
entering his plea, the accused may move to guilty. The prosecution may call at the trial witnesses
offense charged, or the case against him was dismissed or otherwise other than those named in the complaint or
terminated without his express consent. quash the complaint or information.
information.

(b) The accused must be present at the arraignment

PRE-TRIAL and must personally enter his plea. Both arraignment
and plea shall be made of record, but failure to do so
shall not affect the validity of the proceedings.
RULE 118, SEC. 1
Pre-trial; mandatory in criminal cases. — (c) When the accused refuses to plead or makes a
TRIAL In all criminal cases cognizable by the Sandiganbayan, conditional plea, a plea of not guilty shall be entered for
Regional Trial Court, Metropolitan Trial Court, Municipal him. (1a)
Trial Court in Cities, Municipal Trial Court and Municipal
Circuit Trial Court, the court shall after arraignment and (d) When the accused pleads guilty but presents
RULE 119 within thirty (30) days from the date the court exculpatory evidence, his plea shall be deemed
Section 1. Time to prepare for trial. — After a plea of not guilty is entered, acquires jurisdiction over the person of the accused, withdrawn and a plea of not guilty shall be entered for
the accused shall have at least fifteen (15) days to prepare for trial. The trial unless a shorter period is provided for in special laws him. (n)
shall commence within thirty (30) days from receipt of the pre-trial order. or circulars of the Supreme Court, order a pre-trial
conference to consider the following: (e) When the accused is under preventive detention,
Section 2. Continuous trial until terminated; postponements. — Trial once (a) plea bargaining; his case shall be raffled and its records transmitted to
commenced shall continue from day to day as far as practicable until (b) stipulation of facts; the judge to whom the case was raffled within three (3)
terminated. It may be postponed for a reasonable period of time for good (c) marking for identification of evidence of the parties; days from the filing of the information or complaint.
cause. (d) waiver of objections to admissibility of evidence; The accused shall be arraigned within ten (10) days
The court shall, after consultation with the prosecutor and defense counsel, (e) modification of the order of trial if the accused from the date of the raffle. The pre-trial conference of
set the case for continuous trial on a weekly or other short-term trial admits the charge but interposes a lawful defense; and his case shall be held within ten (10) days after
calendar at the earliest possible time so as to ensure speedy trial. In no (f) such other matters as will promote a fair and arraignment. (n)
case shall the entire trial period exceed one hundred eighty (180) days from expeditious trial of the criminal and civil aspects of the
the first day of trial, except as otherwise authorized by the Supreme Court. case. (f) The private offended party shall be required to
The time limitations provided under this section and the preceding section appear at the arraignment for purposes of plea
shall not apply where special laws or circulars of the Supreme Court provide bargaining, determination of civil liability, and other
for a shorter period of trial. RULE 119, SEC. 9 matters requiring his presence. In case of failure of the
offended party to appear despite due notice, the court
Remedy where accused is not brought to trial within the time may allow the accused to enter a plea of guilty to a
limit. — If the accused is not brought to trial within the time lesser offense which is necessarily included in the
limit required by Section 1(g), Rule 116 and Section 1, as offense charged with the conformity of the trial
extended by Section 6 of this rule, the information may be prosecutor alone. (cir. 1-89)
IF NOT WITHIN MOTION TO DISMISS dismissed on motion of the accused on the ground of denial
of his right of speedy trial. The accused shall have the burden (g) Unless a shorter period is provided by special law or
THE TIME LIMIT of proving the motion but the prosecution shall have the
burden of going forward with the evidence to establish the
Supreme Court circular, the arraignment shall be held
within thirty (30) days from the date the court
exclusion of time under section 3 of this rule. The dismissal acquires jurisdiction over the person of the accused.
shall be subject to the rules on double jeopardy. The time of the pendency of a motion to quash or for a
Failure of the accused to move for dismissal prior to trial shall bill of particulars or other causes justifying suspension
constitute a waiver of the right to dismiss under this section. of the arraignment shall be excluded in computing the
period.
 PROSECUTION PRESENTS PROSECUTION AND DEFENSE PRESENT
ACCUSED PRESENTS DEFENSE
EVIDENCE REBUTTAL AND SUR-REBUTTAL EVIDENCE

RULE 119, SEC. 11

Order of trial. — The trial shall proceed in the following order:
(a) The prosecution shall present evidence to prove the charge and, in the proper case, the
civil liability.
(b) The accused may present evidence to prove his defense, and damages, if any, arising CASE SUBMITTED FOR DECISION
from the issuance of a provisional remedy in the case.
(c) 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. RULE 120, SEC. 1
(d) 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.
(e) When the accused admits the act or omission charged in the complaint or information TRIAL Judgment definition and form. —
Judgment is the adjudication by the
but interposes a lawful defense, the order of trial may be modified.
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. It must

TO TEST ACCUSED MAY MOTION WITH APPEAL be written in the official language,
personally and directly prepared by
SUFFICIENCY OF FILE DEMURRER LEAVE OF COURT the judge and signed by him and shall
PROSECUTION’S TO EVIDENCE contain clearly and distinctly a
statement of the facts and the law
EVIDENCE upon which it is based.
DENIED

RULE 119, SEC. 23 GRANTED RULE 121

WITHOUT LEAVE OF Section 1. New trial or reconsideration. — At
Demurrer to evidence. — After the prosecution rests its
case, the court may dismiss the action on the ground of COURT any time before a judgment of conviction
insufficiency of evidence (1) on its own initiative after becomes final, the court may, on motion of
giving the prosecution the opportunity to be heard or
(2) upon demurrer to evidence filed by the accused
ACCUSED the accused or at its own instance but with
the consent of the accused, grant a new trial
with or without leave of court. PRESENTS or reconsideration.
If the court denies the demurrer to evidence filed with
leave of court, the accused may adduce evidence in his ACCUSED SHALL EVIDENCE
defense. When the demurrer to evidence is filed
without leave of court, the accused waives the right to DEMURRER DENIED FILE DEMURRER Section 2. Grounds for a new trial. — The
court shall grant a new trial on any of the
present evidence and submits the case for judgment following grounds:
on the basis of the evidence for the prosecution. (15a) (a) The errors of law or irregularities
The motion for leave of court to file demurrer to
evidence shall specifically state its grounds and shall be
prejudicial to the substantial rights of the
filed within a non-extendible period of five (5) days accused have been committed during the
after the prosecution rests its case. The prosecution trial;
may oppose the motion within a non-extendible period
of five (5) days from its receipt. ACCUSED BARRED GRANTED DEMURRER: (b) The new and material evidence has been
discovered which the accused could not with
If leave of court is granted, the accused shall file the
demurrer to evidence within a non-extendible period of FROM PRESENTING DISMISSAL ON THE GROUND OF reasonable diligence have discovered and
produced at the trial and which if introduced
ten (10) days from notice. The prosecution may oppose
the demurrer to evidence within a similar period from EVIDENCE INSUFFICIENCY OF EVIDENCE and admitted would probably change the
its receipt. judgment.
The order denying the motion for leave of court to file
demurrer to evidence or the demurrer itself shall not be Section 3. Ground for reconsideration. — The
reviewable by appeal or by certiorari before judgment. court shall grant reconsideration on the
NEW TRIAL OR RECONSIDERATION ground of errors of law or fact in the
judgment, which requires no further
proceedings.
 RULE 130, SEC. 6
Promulgation of judgment. — The judgment is promulgated by reading it in the presence of the accused and any judge of the
court in which it was rendered. However, if the conviction is for a light offense, the judgment may be pronounced in the
presence of his counsel or representative. When the judge is absent or outside of the province or city, the judgment may be
JUDGMENT promulgated by the clerk of court.
If the accused is confined or detained in another province or city, the judgment may be promulgated by the executive judge of
the Regional Trial Court having jurisdiction over the place of confinement or detention upon request of the court which
rendered the judgment. The court promulgating the judgment shall have authority to accept the notice of appeal and to
approve the bail bond pending appeal; provided, that if the decision of the trial court convicting the accused changed the
nature of the offense from non-bailable to bailable, the application for bail can only be filed and resolved by the appellate court.
The proper clerk of court shall give notice to the accused personally or through his bondsman or warden and counsel, requiring
him to be present at the promulgation of the decision. If the accused tried in absentia because he jumped bail or escaped from
APPEAL prison, the notice to him shall be served at his last known address.
In case the accused fails to appear at the scheduled date of promulgation of judgment despite notice, the promulgation shall
be made by recording the judgment in the criminal docket and serving him a copy thereof at his last known address or thru his
counsel.
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 fifteen (15) days from
promulgation of judgment, however, the accused may surrender and 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
NOTICE OF APPEAL FILED WITH cause, he shall be allowed to avail of said remedies within fifteen (15) days from notice.
COURT WHICH RENDERED
JUDGMENT WITHIN 15 DAYS FROM RULE 122, SEC. 1
Who may appeal. — Any party may appeal from a judgment
RULE 122, SEC. 6
When appeal to be taken. — An appeal must be taken within
PROMULGATION or final order, unless the accused will be placed in double fifteen (15) days from promulgation of the judgment or from
notice of the final order appealed from. This period for
jeopardy
perfecting an appeal shall be suspended from the time a
motion for new trial or reconsideration is filed until notice of
the order overruling the motion shall have been served upon
RULE 122, SEC. 3
the accused or his counsel at which time the balance of the
period begins to run.
How appeal taken. —
STENOGRAPHER FILES (a) The appeal to the Regional Trial Court, or to the Court of
Appeals in cases decided by the Regional Trial Court in the
TRANSCRIPTION OF PROCEEDINGS exercise of its original jurisdiction, shall be taken by filing a RULE 122, SEC. 7
notice of appeal with the court which rendered the judgment Transcribing and filing notes of stenographic reporter upon
WITH THE CLERK OF COURT or final order appealed from and by serving a copy thereof appeal. — When notice of appeal is filed by the accused, the
upon the adverse party. trial court shall direct the stenographic reporter to transcribe
(b) The appeal to the Court of Appeals in cases decided by his notes of the proceedings. When filed by the People of the
the Regional Trial Court in the exercise of its appellate Philippines, the trial court shall direct the stenographic
jurisdiction shall be by petition for review under Rule 42. reporter to transcribe such portion of his notes of the
(c) The appeal to the Supreme Court in cases where the proceedings as the court, upon motion, shall specify in
penalty imposed by the Regional Trial Court is death, writing. The stenographic reporter shall certify to the
CLERK OF COURT TRANSMITS reclusion perpetua, or life imprisonment, or where a lesser correctness of the notes and the transcript thereof, which
shall consist of the original and four copies, and shall file the
penalty is imposed but for offenses committed on the same
RECORD OF THE CASE TO THE occasion or which arose out of the same occurrence that original and four copies with the clerk without unnecessary
gave rise to the more serious offense for which the penalty of delay.
CLERK OF COURT OF THE death, reclusion perpetua, or life imprisonment is imposed, If death penalty is imposed, the stenographic reporter shall,
APPELLATE COURT WITHIN 5 DAYS shall be by filing a notice of appeal in accordance with
paragraph (a) of this section.
within thirty (30) days from promulgation of the sentence,
file with the clerk original and four copies of the duly certified
FROM FILING OF NOTICE (d) No notice of appeal is necessary in cases where the death transcript of his notes of the proceedings. No extension of
time for filing of said transcript of stenographic notes shall be
penalty is imposed by the Regional Trial Court. The same shall
be automatically reviewed by the Supreme Court as provided granted except by the Supreme Court and only upon
in section 10 of this Rule. justifiable grounds
(e) Except as provided in the last paragraph of section 13, Rule
124, all other appeals to the Supreme Court shall be by
petition for review on certiorari under Rules 45. RULE 122, SEC. 8
Transmission of papers to appellate court upon appeal. —
Within five (5) days from the filing of the notice of appeal, the
clerk of the court with whom the notice of appeal was filed
must transmit to the clerk of court of the appellate court the
complete record of the case, together with said notice. The
original and three copies of the transcript of stenographic
notes, together with the records, shall also be transmitted to
the clerk of the appellate court without undue delay. The
other copy of the transcript shall remain in the lower court.