RULE 112 penal establishment or place where he

is serving final judgment or is

PRELIMINARY INVESTIGATION temporarily confined while his case is
pending, or has escaped while being
 It is an inquiry or proceeding to transferred from one confinement to
determine whether there exists another.
sufficient ground to engender a well-
founded belief that a crime has been In cases falling under paragraph (a) and (b)
committed and that the respondent is above, the person arrested without a warrant
probably guilty thereof and should be shall be forthwith delivered to the nearest
held for trial. police station or jail and shall be proceeded
against in accordance with section 7 of Rule
When is PI required? 112. (5a)
Section 7. When accused lawfully arrested
General Rule: Preliminary investigation is without warrant. — When a person is
required to be conducted before the filing of a lawfully arrested without a warrant involving
Complaint or Information for an offense an offense which requires a preliminary
where the penalty prescribed by law is at investigation, the complaint or information
least 4 years, 2 months, and 1 day without may be filed by a prosecutor without need of
regard to the fine. such investigation provided an INQUEST has
been conducted in accordance with existing
XPN: There is no right of PI under Rule 112 rules. In the absence or unavailability of an
Section 6 when a person is lawfully arrested inquest prosecutor, the complaint may be
without a warrant except in cases provided filed by the offended party or a peace office
under Rule 112, Section 6. directly with the proper court on the basis of
the affidavit of the offended party or arresting
Are there any cases where the imposable officer or person.
penalty is at least 4 year, 2 months, and 1
day, yet PI is not required? Before the complaint or information is filed,
the person arrested may ask for a preliminary
Answer: investigation in accordance with this Rule, but
he must sign a waiver of the provisions of
 Yes, when respondent is arrested Article 125 of the Revised Penal Code, as
under Section 5, Rule 113 and amended, in the presence of his counsel.
undergoing inquest. Notwithstanding the waiver, he may apply for
bail and the investigation must be terminated
Section 5. Arrest without warrant; when within fifteen (15) days from its inception.
lawful. — A peace officer or a private person
After the filing of the complaint or information
may, without a warrant, arrest a person:
in court without a preliminary investigation,
a) When, in his presence, the person to the accused may, within five (5) days from
be arrested has committed, is actually the time he learns of its filing, ask for a
committing, or is attempting to commit preliminary investigation with the same right
an offense; to adduce evidence in his defense as
b) When an offense has just been provided in this Rule.
committed, and he has probable cause
Nature of PI
to believe based on personal
knowledge of facts or circumstances  Personal statutory right – the right to
that the person to be arrested has PI is personal right covered by a
committed it; and statute and may be waived expressly
c) When the person to be arrested is a or by implication.
prisoner who has escaped from a
  It is a substantive right. Though it is b) By the judge for the purpose of issuing
not of constitutional grant, the denial of a warrant of arrest or necessity for the
the same would deprive the accused accused to remain in custody
the full measure of his right to due c) By the arresting officer in effecting
process. warrantless arrest in hot pursuit
 Is the respondent probable guilty d) By a judge in issuing search warrant
thereof, and therefore should be held
for trial?
PRELIMINARY PRELIMINARY
INVESTIGATION EXAMINATION
Is the right to PI waivable?

Answer: Executive function Judicial function

 Yes. The right to PI may be waived for Performed by Performed by judge

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

Probable cause – pertains to the facts and For the purpose of For the purpose of
circumstances sufficient to support a well- filing information in issuing warrant of
court arrest
founded belief that a crime has been
committed and the accused is probably guilty
thereof. Can Court review the findings of the
Prosecutor?
Remember: The validity and merits of a
party’s defense and accusation, as well as Answer:
admissibility of evidence, are better ventilated
during trial proper than at the PI level. The PI  As a rule, no. Except when there is
is not the occasion for the full and exhaustive grave abuse of discretion. To justify
display of the parties’ evidence. judicial intervention into what is
fundamentally the domain of the
In determining probable cause, the average executive, the petitioner must clearly
man weighs facts and circumstances show that the prosecutor gravely
without resorting to the rules of evidence that, abused his discretion amounting to
as a rule, is outside his technical knowledge. lack or excess of jurisdiction in making
his determination and in arriving at the
Is hearsay evidence sufficient to establish conclusion he reached.
probable cause?
Officers authorized to conduct PI
 Yes. According to jurisprudence, the
Supreme Court held that since a PI a. Provincial or City Prosecutors and
does not finally adjudicate the rights their assistants;
and obligation of parties, probable b. National and Regional State
cause can be established with hearsay Prosecutors; and
evidence, as long as there is c. Other officers as may be authorized
substantial basis for crediting the by law. (COMELEC, OMB, PCGG)
hearsay.
PROCEDURE OF PI (SEC. 3, RULE 112)
Instance when probable cause needed to
be established 1st step: Filing of affidavit complaint;

a) By the prosec for the purpose of filing 2nd step: Prosecutor may dismiss it;
information in Court
3rd step: Or issue subpoena;  SOJ’s ruling: persuasive, but not
binding on courts.
4th step: Respondent will submit counter-
affidavit; Accused lawfully arrested without warrant

5th step: If no counter-affidavit, resolve INQUEST – an informal and summary

investigation conducted by the public
6th step: Hearing optional, after prosecutor in a criminal case involving
submission of complaint-affidavit; persons arrested and detained without the
benefit of a warrant of arrest issued by the
7th step: Submitted for resolution within 10 court.
days.
Notes:
PROCEDURE FOR CASES NOT
REQUIRING PI  The accused may ask for PI but he
must execute a waiver in the presence
1. If filed with the prosecutor – if the of his counsel;
complaint is filed directly with the  The arrested person has the right to
prosecutor involving an offense apply for bail
punishable by an imprisonment of less
than 4 years, 2 months, and 1 day, the Can the accused appeal the resolution of
procedure outlined in Section 3(a) of the inquest prosecutor’s finding of
this Rule shall be observed. probable cause of the SOJ?

Action of the RTC upon filing of Answer:

Information
No. The Supreme Court held that the
- Personally evaluate the resolution and remedy of appeal to the SOJ is not
its supporting evidence; immediately available in cases subject to
- He may dismiss the case if he finds no inquest. The private party should first avail of
probable cause, otherwise he shall a PI or reinvestigation, if any, before elevating
issue warrant of arrest or commitment the matter to the SOJ.
order;
- He may order the prosecutor to RULE 113
present evidence to establish probable
cause and resolve the same within 30 ARREST
days from the filing of information.
Definition
Withdrawal of Information already filed in
Court It is the taking of a person into
custody in order that he may be bound to
 When confronted with a motion to answer for the commission of an offense.
withdraw an Information on the ground
of ack of probable cause based on a Requisite for the issuance of warrant of
resolution of the SOJ, the bounden arrest:
duty of the trial court is to make an
independent assessment of the merits - It is enough that the judge personally
of such motion. Having acquired evaluates the prosecutor’s report and
jurisdiction over the case, the trial supporting documents.
court is not bound by such resolution
but is required to evaluate it before What is the duty of the arresting officer
proceeding farther with the trial after the arrest?
  To arrest the accused and deliver him 1. The right to be assisted by counsel at
to the nearest police station or jail all times;
without unnecessary delay. 2. The right to remain silent;
3. The right to be informed of the above
Notes: rights
4. The right to be visited by the
 When making an arrest without a immediate members of the family, by
warrant, the officer shall inform the his counsel, or by an NGO.
person to be arrested of his authority
and the cause of the arrest, unless the Note:
latter is either:
o Engaged in the commission of  The illegality of the warrantless arrest
the offense; CANNOT deprive the State of its right
o Is pursued immediately after its to prosecute the guilty when all other
commission; facts on the record point to their
o Has escaped, flees, or forcibly culpability.
resists
…before the officer has the opportunity What is the effect of admission to bail on
to so inform him, or when the giving of objection to illegal arrest?
such information will imperil the arrest.
 An application for admission to bail
Requisites of Inflagrante Delicto shall not bar the accused from
challenging the validity of his arrest or
1. The person to be arrested must legality of the warrant issued provided
execute an overt act indicating that he he raises his objection before he
has just committed, is actually enters his plea.
committing, or is attempting to commit
a crime. What is the effect if the accused enters his
2. Such overt act is done in the presence plea WITHOUT questioning the illegality of
or within the view of the arresting the arrest?
officer
 Waiver of illegality of arrest.
Hot pursuit exception
RULE 115
Requisite: An offense has just been
committed BAIL

- The person making the arrest has Definition:

personal knowledge of the facts and
circumstances that the person to be  It is the security given for the release
arrested has committed. of a person in custody of the law,
- There must be a large measure of furnished by him or a bondsman, to
immediacy between the time the guarantee his appearance before any
offense was committed and the time of court as required under the conditions
the arrest. If there was an appreciable hereinafter specified. Bail may be
lapse of time between the arrest and given in the for of corporate surety;
the commission of the crime, a warrant property bon, cash, deposit, or
of arrest must be secured. recognizance.

Rights of the person to be arrested Bail in Extradition Proceedings is

Discretionary upon showing:
 1. The applicant will not be a flight risk; a. That he is a recidivist, quasi-recidivist,
2. There exists a special, humanitarian or habitual delinquent, or has
and compelling circumstance. committed the crime aggravated by the
circumstances of reiteration.
What are the conditions of bail? b. That he has previously escaped from
egal confinement, evaded sentence or
a. The undertaking shall be effective violated the conditions of his bail
upon approval, and unless cancelled, without valid justification.
shall remain in force at all stages of c. That he committed the offense while
the case until promulgation of the under probation, parole, or conditional
judgment of the RTC, irrespective of pardon;
whether the case was originally filed in d. That the circumstances of his case
or appealed to it; indicate the probability of flight if
b. The accused shall appear before the released on bail; or
proper court whenever required by the e. That there is undue risk that he ay
court of these Rules commit another crime during the
c. The failure of the accused to appear at pendency of the appeal.
the trial without justification and
despite due notice shall be deemed a Note:
waiver of his right to be present
thereat. In such case, the trial may  If the accused convicted by the RTC
proceed in absentia. and imposed a penalty of
d. The bondsman shall surrender the imprisonment exceeding 6 years and
accused to the court for execution of there is no bail negating
the final judgment. circumstances, the grant of bail is
discretionary. It is not automatic on the
BAIL IS A MATTER OF RIGHT part of the RTC to grant bail.

- Before conviction by the MeTC, Is the condition that the accused be

MTCC, MTC, MCTC arraigned first before he can post bail
- After the conviction of the above valid?
courts;
- Before conviction by the RTC of Answer:
offenses not punishable by death,
reclusion perpetua, or life  The grant of bail should not be
imprisonment conditioned upon prior arraignment of
the accused. In cases where bail I
When is bail a matter of discretion? authorized, bail should be granted
BEFORE arraignment; otherwise, the
 Upon conviction by the RTC of an accused will be precluded from filing a
offense not punishable by death, RP, o motion to quash which is to be done
life imprisonment, admission to bail is before arraignment.
discretionary.
 When the accused is charged in the What is capital offense?
RTC of crime whose imposable
penalty is death, RP, or life  An offense which, under the law
imprisonment and the conviction existing at the time of its commission
resulted to a lower penalty. and of the application for admission to
bail, may be punished with death.
What are bail negating circumstances?
Guidelines in resolving applications for c. Penalty for the offense charged;
bail in case the accused in charged with d. Character and reputation of the
non-bailable offense accused;
e. Age and health of the accused
1. In all cases, whether bail is a matter of f. Weight of the evidence against the
right or of discretion, notify the accused;
prosecutor of the hearing of the g. Probability of the accused appearing at
application for bail or require him to the trial;
submit his recommendation. h. Forfeiture of other bail;
2. Where bail is a matter of discretion, i. The fact that the accused was a
conduct a hearing of application for fugitive from justice when arrested;
bail regardless of whether or not the and
prosecution refuses to present j. Pendency of other cases where the
evidence to show that the guilt of the accused is on bail.
accused is strong for the purpose of
enabling the court to exercise its Recognizance – is a mode of securing the
sound discretion; release of any person in custody or detention
3. Decide whether the guilt of the for the commission of an offense who is
accused is strong based on the unable to post bail due to abject poverty. The
summary of evidence of the Court where the case of such person has
prosecution; been filed shall allow the release of the
4. If the guilt of the accused is not accused on recognizance as provided herein,
strong, discharge the accused upon to the custody of the qualified member of the
the approval of the bailbond. barangay, city or municipality where the
accused resides.
Note:
Indigent Litigant – they are those whose
 Hearing is mandatory in application for gross income and their immediate family do
bail in non-bailable offenses. not exceed an amount double the monthly
 It is necessary to determine whether minimum wage of an employee and who
the evidence of guilt is strong. do not own real property with FMV as
stated in the current tax declaration of more
When bail is not required than 300k.

 Upon order of the Court RULE 115

 When a person has been in custody
for a period equal to or more than the RIGHTS OF THE ACCUSED
possible maximum imprisonment
prescribed for the offense charged. EFFECT OF PRESUMPTION
 If the maximum penalty to which the
accused may be sentenced is  The prosecution has the burden of
destierro, he shall be released after 30 proving the guilt of the accused
days of preventive imprisonment. beyond reasonable doubt
 The presumption prevails over
What are the factors to be considered in presumption of regularity in the
fixing bail? performance of official function.

a. Financial ability of the accused to give RULE 116

bail;
b. Nature and circumstances of the ARRAIGNMENT AND PLEA
offense;
ARRAIGNMENT – is the formal mode and 2. File a motion for suspension of
manner implementing the constitutional right arraignment;
of the accused to be informed of the nature 3. File a motion to quash;
and cause of the accusation against him. Its 4. Challenge the absence of PI
purpose is to apprise the accused why he is
being prosecuted by the State. It is therefore May arraignment be made AFTER a case
indispensable. has been submitted for decision?

Effect of absence of Arraignment  If the accused, despite not having

been arraigned, did not object to the
 It will result in the nullity of the continuation of the proceedings and
proceedings before the trial court. actively participated in the trial, he is
deemed to have waived the defect.
How is arraignment made? Moreover, he is deemed to have been
informed already of the nature and
 It shall be made in open court by the cause of the accusation against him.
judge or clerk by furnishing the
accused with a copy of the Requisites of plea of guilty to a lesser
complaint or information, reading offense
the same in the language or dialect
known to him, and asking him whether 1. The lesser offense is necessarily
he pleads guilty or not guilty. included in offense charged;
 The accused must be present at the 2. The plea must be with the consent of
arraignment and must personally both the OP and the prosecutor
enter his plea.
 When the accused refuses to plead Note: After arraignment but before trial,
or makes a conditional plea, a plea of the accused may still be allowed to plead
NOT guilty shall be entered for him. guilty to a lesser offense after withdrawing
 PTC shall be conducted on the day of his plea of not guilty.
the arraignment
What are the obligations of the Court
When the presence of the private offended when the accused pleaded guilty to a
party needed? capital offense?

 The private offended party shall be 1. It shall conduct searching inquiry into
required to appear at the arraignment the voluntariness and
for purposes of plea bargaining, comprehension of the plea.
determination of civil liability, and 2. Require the prosecution to prove his
other matters requiring his presence. guilt and precise degree of his
In case of failure of the offended party culpability.
to appear despite due notice, the court 3. Allow the accused to present
may allow the accused to enter a plea evidence in his behalf.
of guilty to a lesser offense, which is
necessarily included in the offense Important: Failure to comply with the above
charged with the conformity of the trial mandates constitute grave abuse of
prosecutor alone. discretion.

What are the options of the accused Plea of Guilty to NON-CAPITAL offense –
before arraignment? the court MAY receive evidence from the
parties to determine the penalty to be
1. File a motion for bill of particulars; imposed. Discretionary
May plea of guilty be withdrawn? What are the grounds to suspend the
arraignment?
Answer:
1. Accused appears to be suffering from
YES. At any time BEFORE the an unsound mental condition which
judgment of conviction becomes final, the effectively renders him unable to fully
court may permit an improvident plea of guilty understand the charge against him
to be withdrawn and be substituted by a plea and to plead intelligently thereto.
of not guilty. The withdrawal must be 2. There exists a prejudicial question;
categorical. and
3. A petition for review of the resolution
Bill of Particulars of the prosecutor is pending at the
DOJ, or the OP, provided that the
 The accused may, BEFORE period of suspension shall not exceed
arraignment, move for a bill of 60 days counted from the filing of the
particulars to enable him properly to petition with the reviewing office
plead and prepare for trial. The
motion shall specify the alleged Important:
defects of the complaint or information
and the details desired.  To cause the suspension of
arraignment on the ground that there is
When Bill of Particulars available? pending petition for review, an oral
motion is NOT enough.
 When the Information, though
sufficiently charges the offense, is RULE 117
insufficient to give the accused
sufficient details of the alleged MOTION TO QUASH
offenses. It seeks particularization in
the Information to enable the accused GROUNDS:
to properly be informed of the charge
against him and enable to prepare his 1. That the facts charged do not
defense. The particularity must be constitute an offense (not waivable);
such that persons of ordinary 2. That the court trying the case has no
intelligence may immediately know jurisdiction over the offense charged
what the Information means. (not waivable);
3. That the court trying the case has no
Bill of Particulars v. Quashal of jurisdiction over the person of the
Information accused (waivable);
4. That the officer who filed the
 A bill of particulars presupposes a information had no authority to do so
VALID information while a motion to (waivable);
quash is a jurisdictional defect on 5. That it does not conform substantially
account that facts charged in the to the prescribed form (waivable);
Information does NOT constitute an 6. That more than one offense is charged
offense. except when a single punishment for
 Bill of particulars merely fills I the various offenses prescribed by law
details on an otherwise valid (waivable)
information to enable the accused to 7. That the criminal action or liability has
make an intelligent plea and prepare been extinguished; (not waivable)
for his defense.
 8. That it contains averments which, if arrest, it is not considered voluntary
true, would constitute a legal excuse or appearance.
justification; and (not waivable)
9. That the accused has been previously  Jurisdiction over the person of the
convicted or acquitted of the offense accused is acquired upon his arrest or
charged, or the case against him was voluntary appearance.
dismissed or otherwise terminated  When the accused asks for an affirmative
without his express consent. relief from the court, there is voluntary
appearance.
Period to File Motion to Quash – at any
time BEFORE entering his plea Will the quashal of information bar to
another prosecution?
MoQ is subject to the omnibus motion
rule; exceptions:  It depends. An order sustaining the
motion to quash is not a bar to another
 The failure of the accused to assert prosecution for the same offense. This
any ground of a MoQ before he pleads means that another complaint or
to the complaint or information, either information may be filed.
because he did not file a motion to
quash or failed to allege the same in XPNs:
the said motion, shall be deemed a
waiver of any objections  Extinction of criminal liability;
 Double jeopardy
Exceptions:
The following are not grounds to quash
1. Facts do not constitute an offense; the Information:
2. Lack of jurisdiction over the subject
matter; 1. Execution of affidavit of desistance;
3. Extinction of criminal liability; 2. Absence of probable cause;
4. Double jeopardy 3. Matter of defense;
4. Absence of PI
Jurisdiction over the Subject Matter
What if the Information does not allege
1. It must be based on the allegation in facts constituting treachery, is that defect
the information; waivable?
2. It must be based on law;
3. It is subject to re-filing to the court of  YES. According to a jurisprudence, if the
proper jurisdiction; accused did not question the defective
4. Cannot be subject to waiver information, he is deemed to have waived
any of the waivable defects in the
Jurisdiction over the Person information, including the supposed lack
of particularity in the description of the
1. When there is illegality of arrest; attendant circumstances.
2. Subject to waiver when the accused
enters a plea Solar case: In alleging aggravating and
3. The waiver does not extend to the qualifying circumstances
evidence obtained as a result of illegal
arrest  Any information which alleges that a
qualifying or aggravating circumstance
Important: When accused specifically is present, must state the ultimate
questions the jurisdiction of the court over his facts relative to such circumstance.
person, like motion to quash warrant of Otherwise, the Information may be
 subject to a motion to quash on the A case shall not be provisionally dismissed
ground that it does not conform except with the express consent of the
substantially to the prescribed form, or accused and with notice to the offended
a motion of bill of particulars. party.
 Failure of the accused to avail any of
the said remedies constitutes a The provisional dismissal of offenses
waiver of his right to question the punishable by imprisonment not exceeding 6
defective statement of the aggravating years or a fine of any amount, or both, shall
or qualifying circumstance in the become permanent one (1) year AFTER
information. issuance of the order without the case
having revived. With respect to offenses
Elements of Double Jeopardy punishable by imprisonment of more than 6
years, their provisional dismissal shall
1. A valid information sufficient in form become permanent two (2) years after
and substance to sustain a conviction issuance of the order without the case
of the crime charged; having been revived.
2. A court of competent jurisdiction;
3. The accused has been arraigned and Provisional dismissal refers to those that
had pleaded; and are temporary in character.
4. The accused was convicted or
acquitted, or the case was dismissed
without his express consent.
Requisites:
Effects:
1. The prosecution with the express
 If the elements of double jeopardy are conformity of the accused, or the
present, the accused may not be accused, moves for a provisional
prosecuted anew for the original offense dismissal of his case; or both the
charged, or for any attempt to commit the prosecution and the accused move for
same or frustration thereof, or for any its provisional dismissal;
offense which necessarily includes or is 2. The offended party is notified of the
included in the offenses charged in the motion for a provisional dismissal of
original complaint or information. the case;
3. The court issues an Order granting the
No Double Jeopardy in the following: motion and dimissing the case
provisionally;
1. The graver offense developed due 4. The court issues an Order granting the
to supervening facts arising from the motion and dismissing the case
same act or omission constituting the provisionally;
former charge; 5. The public prosecutor is served
2. The facts constituting the graver with a copy of provisional dismissal of
charge became known or were the case.
discovered only after a plea was
entered in the former complaint; Reckoning Period:
3. The pela of guilty to the lesser offense
was made without the consent of the 1. The Supreme Court held that the
prosecutor and of the offended provision should be construed to mean
party. that the order of dismissal shall
become permanent after the service
PROVISIONAL DISMISSAL (SEC. 8) of the order of dismissal on the
public prosecutor who has control of
 the prosecution. The public prosecutor and does not offer an acceptable excuse
cannot be expected to comply with the for his lack of cooperation, the court may
timeline unless he is served with a impose proper sanctions or penalties.
copy of the order of dismissal.
Pre-trial agreement – all the admissions
QUASHAL v. PROVISIONAL DISMISSAL made during the PTC shall be reduced in
writing and signed by the accused and
A motion to quash is filed by the accused counsel, otherwise, they cannot be used
while provisional dismissal may be invoked against the accused.
by the prosecution or the accused.
Pre-trial Order – binds the parties, and limits
A motion to quash is allowed BEFORE the trial to matters not disposed of, and
arraignment while provisional dismissal is control the course of the action during the
allow AFTER arraignment or even during trial. trial.

Provisional dismissal may become RULE 119

permanent while dismissal on motion to
quash may not become permanent. TRIAL

Q: A motion to withdraw information was  Trial shall be set not later than 30 days
filed by the prosecution. The accused did form the termination of the PTC.
not object. After more than 2 years, the  Trial shall continue from day to day as far
prosecution filed the same information. as practicable until terminated. It may be
Can it still be revived? postponed for a reasonable period of time
for good cause.
 YES. A motion to withdraw information is  Accused in entitled to speedy
not time-barred and does not fall within disposition of his case – no provision
the ambit of Sec. 8, Rule 117. of law on speedy trial and no rule
implementing the same shall be
RULE 118 interpreted as a bar to any charge of
denial of the right to speedy trial under
PRE-TRIAL the Constitution.
o Nothing would prevent a party
Pre-trial is mandatory in criminal cases. The from invoking his right to a
court shall, after arraignment and within 30 speedy trial regardless of the
days from the date the court acquires periods prescribed under the
jurisdiction over the person of the law on speedy trial and the its
accused, order a pre-trial conference implementing rules.

Schedule of pre-trial: ORDER OF TRIAL

For a detained accused: 10 calendar days First, the prosecution shall present evidence
from the date of the court’s receipt of the to prove the charge and, in the proper case,
case; the civil liability;

For non-detained accused: 30 days from Second, the accused may present evidence
the date the court acquires jurisdiction to prove his defense and damages, if any,
arising from the issuance of a provisional
Non-appearance during PTC; effect remedy in the case;

 If the counsel for the accused or the

prosecutor does not appear at the PTC
Third, the prosecution and the defense may, 1. Primarily, to afford the accused an
in that order, present rebuttal or sur-rebuttal opportunity to test the testimony of the
evidence unless the court, in furtherance of witness by cross-examination; and
justice, permit them to present additional 2. Secondarily, to allow the judge to
evidence bearing upon the main issue; observe the deportment of the witness.

Fourth, upon admission of the evidence of In this case, the two-fold purpose of the right
the parties, the case shall be deemed to confrontation is complied with. By allowing
submitted for decision unless the court directs the accused or their counsel to submit
the to urge orally or to submit written written cross-interrogatories, the accused
memoranda; and right to cross-examine the witness was
complied.
Lastly, when the accused admits the act or
omission charged in the complaint or On the other hand, since the Judge would be
information but interposes a lawful defense, present during the taking of deposition, he
the order of trial may be modified. would be able to observe the deportment of
the witness while testifying. Thus, by the
What are the circumstances under which procedure adopted by the Judge, the two-fold
the accused may file for the taking of purpose of the right to confrontation will be
deposition of his witness? served.

 The witness is sick or inform as to How to secure attendance of a material

afford reasonable ground for believing witness
that he will not be able to attend the
trial;  The court may order the witness to
 The witness resides more than 100km post bail in such sum as may be
from the place of trial and has no deemed proper. Upon refusal to post
means to attend the same; bail, the court shall commit him to
 Other similar circumstances exists that prison until he complies or is legally
would make him unavailable or discharged after his testimony has
prevent him from attending the trial. been taken.

Note: Deposition should be taken BEFORE How to discharge a co-accused to become

and not during trial. a state witness under the Rules:

Instances where the witnesses for the 1. The prosecution shall file a motion;
prosecution may be conditionally 2. The motion shall be filed before the
examined: prosecution rests its case.

1. Witness for the prosecution too sick or Requisites before the accused may be
infirm to appear at the trial; discharged as a state witness:
2. Witness has to leave the Philippines
with no definite date of returning 1. Two or more accused are jointly
charged with the commission of an
Will the taking of deposition of the private offense;
complainant violate the right of the 2. The motion for discharge is filed by
accused to meet witnesses face to face? the prosecution before it rests its
case;
NO. The purpose of the right to confrontation 3. The prosecution is required to present
are as follows: evidence and the sworn statement of
each proposed state witness at a
hearing in support of the discharge.
 4. The accused gives his consent to be offense charged and the imposition on him of
a state witness. the proper penalty and civil liability, if any. It
5. The trial court is satisfied that: must be written in the official language,
a. There is absolute necessity personally and directly prepared by the
for the testimony of the judge and signed by him and shall contain
accused whose discharge is clearly and distinctly a statement of the
requested. facts and the law upon which it is based.
b. The is no other direct
evidence available for the Contents:
proper prosecution of the
offense committed, except the 1. The legal qualification of the offense
testimony of said accused; constituted by the acts committed by
c. The testimony of said accused the accused and the aggravating or
can be substantially mitigating circumstances which
corroborated in its material attended its commission;
points. 2. The participation of the accused in
d. Said accused does not appear the offense, whether as a principal,
to be the most guilty; and accomplice, or accessory after the
e. Said accused has not at any fact;
time been convicted of any 3. The penalty imposed upon the
offense involving moral accused; and
turpitude. 4. The civil liability or damages caused
by his wrongful act or omission to be
Effect of the Discharge of the co-accused? recovered from the accused by the
offended party.
 Amounts to acquittal of the discharged
accused and shall be a bar to a future Problem: The judge made an order in
prosecution open court dismissing the case for failure
to adduce evidence on the part of the
prosecution. Later, the judge issued an
Demurrer to Evidence order setting aside his order in open court
and allowed the prosecution to present
 It a ground to file for a motion to evidence. The accused objected on the
dismiss the case after the prosecution ground of double jeopardy. Is there a
rests on the ground of insufficiency of double jeopardy?
the evidence of the prosecution
 It is filed AFTER the prosecution  No. Under Section 1, Rule 120
rested its case; provides that judgment must be
 It is filed either with or without leave of personally written and directly signed
court; by the judge and signed by him. Here,
 If filed with leave of court and is the Judge issued a verbal order of
denied by the Court, the accused dismissal. Thus, void. Hence, no
will still be allowed to present double jeopardy.
evidence.
Two kinds of Acquittal:
RULE 120
1. Acquittal on the ground that the
JUDGMENTS accused is not the author of the act
or omission complained of;
Judgment – is the adjudication by the court 2. Acquittal based on reasonable
that the accused is guilty or not guilty of the doubt on the guilt of the accused.
Effect of Acquittal on Civil Liability  Within 15 days from promulgation of
judgement, the accused may
 In the first instance, acquittal closes surrender and file a motion for leave of
the door to civil liability, for a person court to avail of these remedies. He
who has been found to be not the shall state the reasons for his absence
perpetrator of the crime ought not to at the scheduled promulgation and if
be civilly liable. There being no delict, he proves that his absence was for a
civil liability ex delicto is out of the justifiable cause, he shall be allowed
question. to avail of said remedies within 15
 In second instance, even if guilt of the days from notice.
accused has not been proven
satisfactorily established, he is not REMEDIES AGAISNT A JUDGMENT OF
exempt from civil liability which may be CONVICTION
proved.
1. Modification of Judgment;
How is judgment promulgated? 2. Re-opening of the Proceedings;
3. Motion for New Trial;
 The judgment is promulgated by 4. Motion for Reconsideration;
reading it in the presence of the 5. Appeal from Judgment
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 1. Modification of Judgment;
presence in the presence of his 2. Re-opening of the Proceedings;
counsel or representative. When the
judge is absent or outside the province At any time before finality of the judgment of
or city, the judgment may be conviction, the judge may, motu proprio or
promulgated by the clerk of court. upon motion, with hearing, in either case,
reopen the proceedings, to avoid
Promulgation if the accused is miscarriage of justice. The proceedings
confined/detained: shall be terminated within 30 days from the
order granting it.
 The judgment maybe promulgated by
the executive judge of the RTC 3. Motion for New Trial;
having jurisdiction over the place of
confinement upon request of the Grounds for New Trial
court which rendered the judgment.
1. The errors of law or irregularities
If the accused fails to appear: prejudicial to the substantial rights of
the accused have been committed
 The promulgation shall be made by during the trial;
recording the judgment in the criminal 2. The new and material evidence has
docket and serving him a copy thereof been discovered which the accused
at his last known address or thru his could not with reasonable diligence
counsel. have discovered and produced at the
trial and which if introduced and
If the accused fails to appear but the admitted would probably change the
judgment is for conviction: judgment.

 Without justifiable cause: he shall lose Effect of Granting New Trial

the remedies available to him under
the law.
  All the proceedings and evidence SEARCH AND SEIZURES
affected thereby shall be set aside and
taken anew. Search warrant – it is an order in writing
issued in the name of the People of the
Fresh Period or Neypes Rule Philippines, signed by a judge and directed to
a peace officer; commanding him to search
 If the motion is denied, the movant has for personal property described therein and
a fresh period of 15 days from receipt bring it before the court.
of notice of the order denying or
dismissing the MR within which to file Purpose:
the notice of appeal.
1. Solely for the discovery and to get
4. Motion for Reconsideration; possession of personal property.

At any time before a judgment of conviction Where should application for search
becomes final, the court may on motion of the warrant be filed?
accused or at its own instance but with the
consent of the accused, grant a new trial or  Any court within those territorial
reconsideration. jurisdictions a crime was committed;
 For compelling reasons stated in the
Ground for Reconsideration: application , any court within the
judicial region where the crime was
1. Errors of law or fact in the judgment, committed if the place of the
which required no further proceedings. commission of the crime is known, or
any court within the judicial region
5. Appeal from Judgment where the warrant shall be enforced.
 However, if the criminal action has
Who may appeal? already been filed, the application shall
only be made in the court where the
 Any party may appeal from a judgment criminal action is pending.
or final order, unless the accused will
be placed in double jeopardy. Note: The SC also included PDEA and BOC
among those agencies which can apply
How appeal is taken? search warrant

 The appeal to the RTC or the CA in What are the properties that may be
cases decided by the RTC in the seized?
exercise of its original jurisdiction, shall
be taken by filing a notice of appeal 1. Subject of the offense;
with the court which rendered the 2. Stolen or embezzled and other
judgment or final order appealed from proceeds, or fruits of the offense; or
and by serving a copy thereof upon the 3. Used or intended to be used as the
adverse party. means of committing the offense
 Appeal before the CA from RTC –
PetRev under Rule 42. Rule: Only personal properties described in
 No notice of appeal is necessary in the SW may be seized.
cases where the RTC imposed the
death penalty. The CA shall Requisites for the Issuance of Search
automatically review the judgment Warrant:
as provided under the Rules.

RULE 126
 1. It must be bases upon probable cause others, and on inquiry leads the
in connection with one specific officers unerringly to it, satisfies the
offense; constitutional requirement.
2. Probable cause must be determined  The warrant is valid when it enabled
by the judge himself and not by the the police officers to readily identify
applicant or any other person; the properties to be seized and
3. In the determination of probable leaves them with no discretion
cause, the judge must examine, regarding the articles to be seized.
under oath, the complainant and such
witnesses he may produce; and Rule on Particularity of Things to be
4. The warrant issued must particularly Seized
describe the place to be searched
and the person or things to be  Technical precision of description is
seized. not required.
 It is only necessary that there be
What is Probable cause in search reasonable particularity and
warrant? certainty as to the identity of the
property to be searched for and
 The existence of such facts and seized, so that the warrant shall not be
circumstances which would lead a a mere roving commission. Indeed, the
reasonable discreet and prudent man law does not require that the things to
to believe that the offense has been be seized must be described in precise
committed and that the objects sought and minute detail as to leave no room
in connection with the offense are in for doubt on the part of the searching
the place to be searched. authorities.

Note: How shall examination by the Judge

should be counted?
 Probable cause is not proof beyond
reasonable doubt;  The judge must, before issuing the
 But probable cause must be based on warrant, personally examine in the
the personal knowledge of the form of searching questions and
complainant and the witness answers, in writing and under oath,
the complainant and the witnesses he
RULE: may produce on facts personally
known to them and attach to the
 In the determination of whether a record their sworn statements,
search warrant described the premises together with the affidavits submitted.
to be search with sufficient
particularity, it has been held that the How should search warrant be
executing officer’s prior knowledge as implemented?
to the place intended in the warrant is
relevant.  No search of a house, room, or any
 Description of the place to be other premises shall be made except
searched is sufficient if the officer with in the presence of the lawful
the warrant can with reasonable effort, occupant thereof, or any member of
ascertain and identify the place his family, or in the absence of the
intended and distinguish it from other latter, two witnesses of sufficient
places in the community. Any age and discretion residing in the
designation or description that points same locality.
out the place to the exclusion of
  The officer, if refused admittance to  Peace officers are limited only to
the place of directed search after routine checks where examination of a
giving notice of his purpose and vehicle is limited to visual inspection.
authority, may break open any outer  Before the vehicle may be subjected to
or inner door, window of a house or extensive search, such would be
any part of a house or anything permissible only if the officers made it
therein to execute the warrant or upon probable cause, i.e., upon
liberate himself or any person lawfully belief, reasonably arising out of the
aiding him when unlawfully detained circumstances known to the seizing
therein. officers, that the vehicle contains an
 The officer must give a detailed receipt item which by law is subject to seizure.
to the lawful occupant of the premises
or in their absence, leave a receipt in PLAIN VIEW DOCTRINE
the place in which he found the seized
property. 1. Law enforcement officer in search of
 Then the officer must deliver the the vehicle has prior justification for an
property seized to the judge who intrusion or in the position from which
issued the warrant, together with a he can view a particular area.
true inventory thereof duly verified 2. The discovery of evidence in plain
under oath. view is inadvertent.
3. Object is immediately apparent to the
Remedy when the search warrant is officer that the item he observes may
quashed be evidence of a crime, contraband, or
otherwise subject to seizure.
As an incident to the main case
Consented Search
 It merely an interlocutory order. The
remedy is certiorari if there is grave Occurs when a person gives a law
abuse; enforcement agent permission to search in
areas in which such person has a reasonable
In anticipation of the criminal case to be expectation of privacy.
filed
It cannot be inferred by silence. It cannot
 It is a final order, then remedy is be presumed.
appeal.
Requisites:
XPN to search warrant requirement:
1. The right exists;
1. Search incidental to a lawful arrest; 2. The person involved had knowledge,
2. Seizure of evidence in plain view; either actual or constructive, of the
3. Consented warrantless search; existence of such right; and
4. Custom search; 3. The said person had no actual
5. Stop and frisk intention to relinquish the right.
6. Exigent or emergency circumstances;
7. Search of vessels and aircraft;
8. Inspection of buildings and other
premises for the enforcement of fire,
sanitary or building regulations.

Search of moving vehicles