19398897 Barops08 Rem Crimpro

8/6/2019 19398897 Barops08 Rem Crimpro

http://slidepdf.com/reader/full/19398897-barops08-rem-crimpro 1/65

CRIMINAL PROCEDURE REMEDIAL LAW

I. INSTITUTION OF THE

CRIMINAL ACTION

A. IN GENERAL

• CRIMINAL ACTION - One by which the Stateprosecutes a person for an act/omissionpunishable by law.

• The test to determine whether proceeding iscivil or criminal: If the proceeding is under astatute such that if an indictment is presentedthe forfeiture can be included in the criminalcase, such proceeding is criminal in nature,although it may be civil in form [Sec. of Justicev. Lantion (2000)

]

ESSENTIAL REQUIREMENTS OF DUE PROCESS

1) There must be a court/tribunal clothed with judicial authority to hear and determine the

matter before it.2) Jurisdiction must be lawfully acquired over theperson of the defendant or property which isthe subject of the proceeding.

3) The defendant must be given an opportunity tobe heard.

4) Judgment must be rendered upon lawfulhearing.

B. WHERE TO INSTITUTE

1. CRIMINAL JURISDICTION

• Definition: Authority of the court to hear andtry a particular offense and to impose thepunishment provided by law.

• Jurisdiction is vested in the court, not in the judges. [People v. Gorospe

] • Inquiries into a court’s jurisdiction:

1) WON the court has jurisdiction over theoffense by virtue of the imposable penaltyand its nature;• It is defined by law; determined by the

extent of the penalty which lawimposes based on the facts as recitedin the complaint/informationconstitutive of the offense charged

HOW TO DETERMINE JURISDICTION• Determined by the allegations of the complaint

or information. • By examination of the complaint/information toascertain that the facts set out and punishmentfall under jurisdiction of court. [People v. Ocaya(1978)

]

JURISDICTION OVER THE PERSON OF THEACCUSED• It is acquired either by the arrest of the

accused or by his voluntary appearance in

court.• Voluntary appearance is accomplished by

pleading to the merits.• Filing motion to quash (MTQ), unless on the

ground of LOJ of the court over the personof the accused.

• Appearing for arraignment.• Entering trial

ESTOPPEL AND LACHES TO DENY JURISDICTION• General rule: The question of jurisdiction may

be raised at any stage of the proceedings.• Exception: The question may not be raised

for the first time on appeal, where therehas been estoppel and laches on the partywho raises the question.

2. REGIONAL TRIAL COURT

1)

RTCs shall exercise exclusive original jurisdiction in all criminal cases not within theexclusive jurisdiction of anycourt/tribunal/body. [Sec. 20, BP 129

]• Exception: Those now falling under the

exclusive and concurrent jurisdiction of theSandiganbayan, which shall hereafter beexclusively taken cognizance of by thelatter. [Sec. 20, BP 129

] 2) SC may designate certain RTC branches to

handle exclusively criminal cases, juvenile anddomestic relations cases, agrarian cases, urbanland reform cases which do not fall under the

jurisdiction of quasi-judicial bodies andagencies, and/or such other special cases asthe SC may determine. [Sec. 23, BP 129

]3) Criminal cases where 1 or more of the accused

is below 18 y/o but not less than 9 y/o or




• Exception: Cases falling within theexclusive original jurisdiction of RTCs andof the Sandiganbayan. [Sec. 32, BP 129

]

3)

Cases classified under the Revised Rules onSummary Proceedings: [SC Resolution, October 15, 1991] a) Violations of traffic laws/rules/regulations;b) Violations of rental law;c) Cases where the penalty prescribed by law

for the offense charged is imprisonment notexceeding 6 months, or a fine notexceeding P1K, or both, irrespective of other imposable penalties, accessory or

otherwise, or of the civil liability arisingtherefrom: Provided, however, that inoffenses involving damage to propertythrough criminal negligence, this Rule shallgovern where the imposable fine does notexceed P10K.

4. KATARUNGANGPAMBARANGAY

• General rule: Parties have no power to enterinto amicable settlement as regards crimes.• Exception: Offenses punishable by

imprisonment < 30 days, or a fine notexceeding P200. [Sec. 2, PD 1508

] • General rule: If parties are residents of the

same barangay, then settle through the Luponof that Barangay.• Exception: [Sec. 3, PD 1508

]

1) If residents of the different barangaysbut in the same city/municipality, thenin barangay where respondent or anyof the respondents actually resides, atthe complainant’s election.

2) All disputes which involve real property(or any interest therein) shall bebrought in the barangay where the realproperty (or any part thereof) issituated.

• The Lupon has no authority over disputes: [Sec. 3, PD 1508

] 1) Involving parties who actually reside in

barangays of different cities/municipalities,except where such barangays adjoin eachother.

2) Involving real property located in differentmunicipalities

6) Philippine army and air force colonels,naval captains, and all officers of higherrank.

7)

Officers of the PNP, while occupying theposition of provincial director and thoseholding the rank of senior superintendentor higher.

8) City and provincial prosecutors and theirassistants, and officials and prosecutors inthe Office of the Ombudsman and specialprosecutors.

9) Presidents/directors/trustees/managers of GOCCs, state universities or educational

institutions/foundations.10) Members of Congress and officials thereof classified as Grade 27 and up.

11) Members of the judiciary, without prejudiceto Constitutional provisions.

12) Chairmen and members of ConstitutionalCommissions, without prejudice toConstitutional provisions.

• General rule: The offense must be intimatelyconnected with the office of the offender and

perpetuated while he was in the performance of official functions. It has also been held to bethe case if it cannot exist without the office, orif the office is a constituent element of thecrime as defined in the statute• Exception: Election offenses, even if

committed by public officers with grade 27or higher in relation to their office, shall fallunder the RTC’s exclusive original

jurisdiction. [Sec. 268, Omnibus Election

Code

]

6. MILITARY COURTS

• General rule: Ordinary courts will have jurisdiction over cases involving members of the armed forces, and other persons subject tomilitary law, including members of the CitizensArmed Forces Geographical Units who commits

crimes under the RPC or special laws,regardless of who the co-accused or victimsare.• Exception: When, as determined by the

ordinary court during arraignment, theoffense is service-oriented, then it will betried by the court martial. Provided: thePresident may, in the interest of justice,




voyage, subject to the generallyaccepted principles of international law.

3) If under Art. 2, RPC, then cognizable by

the court where the criminal action is1st filed.• To determine the correct venue, the vital point

is the allegation of the situs of the offensecharged in the information.

• Venue is jurisdictional, being an essentialelement of jurisdiction. The allegation of theplace where the offense was committed andwhere the offended party resided are essentialelements to determine venue. [Agbayani v.

Sayo

] • Two places may have concurrent jurisdiction if

there are two possible venues of the action.But the choice of venue lies with theprosecuting officer and not with the accused.[Catanguib v. CA

] • A person charged with a transitory crime may

be validly tried in any municipality/provincewhere the offense was in part committed. Intransitory/continuing offenses in which some

acts material and essential to the crime andrequisite to its consummation occur in oneprovince and some in another, the court of either province has jurisdiction to try the case,it being understood that the first court takingcognizance of the case will exclude the others[People v. Grospe

]

C. HOW INSTITUTED

COMPLAINT

• Definition: A sworn written statementcharging a person with an offense, subscribedby the offended party, any peace officer orother public officer charged with theenforcement of the law violated. [Rule 110,Sec. 3

] • Persons authorized to file the complaint:

1) offended party2) any peace officer3) other public officer charged with the

enforcement of the law violated• Criminal cases under the Revised Rules on

Summary Procedure shall be either bycomplaint or by information; provided that in

• Information is valid when signed by prosecutorwho has authority to conduct PI of the offensecommitted within his jurisdiction.

• Variance between the complaint filed by theoffended party and the information in crimesagainst chastity, the complaint controls.[People v. Oso

]• The "complaint" referred to in Rule 110

contemplates one filed in court, not with thefiscal. In that case, the proceeding must bestarted by the aggrieved party himself. For asa general rule, a criminal action is commencedby complaint or information, both of which are

filed in court. In case of a complaint, it mustbe filed by the offended party; with respect toan information, it is the fiscal who files it. Buta "complaint" filed with the fiscal prior to a

judicial action may be filed by any person.[Ebarle v. Sucaldito]

REQUIREMENTS OF A COMPLAINT ORINFORMATION [Rule 110, Sec. 6

]

• Purpose: To inform the accused of the natureand cause of the accusation against him, whichis a constitutional right. The objectives of theright are: 1) to furnish the accused with such a

description of the charge against him aswill enable him to make the defense

2) to avail himself of his conviction oracquittal for protection against further

prosecution for the same cause;3) to inform the court of the facts alleged, sothat it may decided whether they aresufficient in law to support a conviction, if should be had.

1. NAME OF THE ACCUSED [Rule 110,

Sec. 7]

• It must include the name and surname of the

accused, as well as any appellation ornickname by which he has been or is known.

• If the name cannot be ascertained, he must bedescribed under a fictitious name with astatement that his true name is unknown. Histrue name will be inserted if eventuallydisclosed or appears in some manner to the




confronted with the facts constituting theessential elements of the offense chargedagainst him, if he is not to become an easy

pawn of oppression and harassment, or of negligent/misguided official action. Thesufficiency of an Information is determinedsolely by the facts alleged therein. [People v.Purisima (1978) ]

3. ACTS/OMISSIONS CONSTITUTING

THE OFFENSE [Rule 110, Sec. 9 ]

• It must be in ordinary or concise language,sufficient to enable a person of commonunderstanding to know what offense is beingcharged. This must be done both for theoffense charged and the circumstancesinvolved in its commission.

• Purpose:1) To enable a person of common

understanding to know what offense isintended to be charged;

2)

To enable the court to pronounce proper judgment.• The accused cannot be found guilty of an

offense which has not been alleged.• The new rule requires that the qualifying and

aggravating circumstances be alleged in theinformation. If the qualifying and aggravatingcircumstances are not alleged, but proved, thecourt cannot appreciate the same in imposingthe penalty and qualifying the offense,

respectively.• General rule: Where the law alleged to havebeen violated prohibits generally acts thereindefined and is intended to apply to all personsindiscriminately, but prescribes certainlimitations/exceptions from its violation, theindictment/information is sufficient if it allegesfacts which the offender did as constituting aviolation of law, without explicitly negating theexception, as the exception is a matter of

defense which the accused has to prove.• Exception: Where the statute alleged to

have been violated applies only to specificclasses of persons and special conditionsand the exemptions from its violation areso incorporated in the language definingthe crime that the ingredients of theoffense cannot be accurately and clearly set

accused may file a MTQ on the ground of duplicity of offenses.

4. NAME OF THE OFFENDED PARTY[Rule 110, Sec. 12 ]

1) If an offense against person: Name andsurname; nickname/appellation; fictitiousname, if real name is unknown.

2) If an offense against property:a) If name is unknown, particularly describe

the property to identify the offense;b) If the name is later known, insert it;

c) If a juridical person, name or known name;without need to aver that it is juridical.

• Where the name of the injured party isnecessary as matter of essential description of the crime charged, the complaint must investsuch person with individuality by either naminghim or alleging that his name is unknown. It iselementary that in crimes against property,ownership must be alleged as matter essentialto the proper description of the offense. [US v.

Lahoyhoy ]

5. DATE OF THE OFFENSE [Rule 110,

Sec. 11]

• General rule: The precise date is notnecessary.• Exception: When the date is a material

ingredient of the offense.• As long as the alleged date is not so remote orfar removed from the actual date so as to

surprise and prejudice the accused, then theinformation is valid. The determinative factor inthe resolution of the question involving avariance between allegation and proof inrespect of the date of the crime is the elementof surprise on the part of the accused and hisinability to defend himself properly.

• The allegation in the information of “on or

about the year 1992” is defective as it violatesRule 110, Sec. 11 and the accused’s right to beinformed of the nature and cause of theaccusation against him, because the phrase notonly includes 12 months of the year 1992 butalso years prior and subsequent to 1992.

• Defect in the date is not a ground for MTQunder Rule 116 The remedy against an




AMENDMENT OR SUBSTITUTION [ Rule 110,

Sec . 14 ]

AMENDMENT WITHOUT LEAVE OF COURT• General rule: It must be made before the

accused enters his plea.• Exception: If the amendment downgrades

the nature of the offense charged in, orexcludes any accused from, thecomplaint/information, it can be made onlyupon motion of the prosecutor, with noticeto the offended party and with leave of court.

AMENDMENT WITH LEAVE OF COURT• It may be made after plea and during trial; but

it should not cause prejudice to the rights of the accused.

• The test as to WON a defendant is prejudicedby the amendment of an information is – WONa defense under the information as it originallystood would be available after the amendmentis made, and WON any evidence defendantmight have would be equally applicable to theinformation in the one form as in the other.[People v. Casey ]

SUBSTITUTION• When there is mistake in charging the proper

offense, the court shall dismiss the originalcomplaint/information upon the filing of a newone charging the proper offense, providedaccused is not placed in double jeopardy.

D. WHO INSTITUTES

NON-RESTRAINT OF CRIMINAL

PROSECUTIONS

• General rule: Writs of injunction/prohibitionwill not lie to restrain (either through

preliminary or final injunction or writ of prohibition) a criminal prosecution. • Rationale: Public interest requires that

criminal acts be immediately investigatedand prosecuted for the protection of society.

• Exception:1) When injunction is justified by

11) Preliminary injunction has been issuedby the SC to prevent the threatenedunlawful arrest of petitioners.

WHO PROSECUTES

• General rule: The action must be prosecutedunder the direction and control of theprosecutor.• The public prosecutor is a quasi-judicial

officer and a representative of asovereignty whose obligation to governimpartially is as compelling as its obligation

to govern at all• Exception: When there is lack of public

prosecutors or heavy workload, the privateprosecutor may be authorized in writing bythe Chief of the Prosecution Office or theRegional State Prosecution to prosecute thecase subject to the court’s approval. Theauthority will continue until revoked orwithdrawn.

IN APPEALS, THE SOLICITOR GENERAL (OSG) HASCONTROL• General rule: The OSG shall represent the

People of the Philippines in criminal actionsbrought to the CA and the SC.• Exception: In all cases elevated to the

Sandiganbayan and from theSandiganbayan to the SC, the Office of theOmbudsman (through its specialprosecutor) shall represent the People,except in cases filed pursuant to EC Nos.1,2,4, and 14-A issued in 1986.

CRIME WHICH CANNOT BE PROSECUTED

DE OFICIO • Art. 344, RPC states what crimes cannot be

prosecuted de officio.• It includes defamation which consists in the

imputation of a crime which cannot beprosecuted de oficio.

• Note: Rape is no longer a private crimeand may thus be prosecuted even withoutthe consent/initiative of the offended party.

• PRIVATE CRIMES – Those which cannot beprosecuted except upon complaint filed by the




b) If victim is a minor, or of age but suffersfrom incapacity – The parents,grandparents or legal guardian, even if the

offended party does not wish to file thecomplaint.3) In rape – The minor has the right to initiate the

complaint independently of parents andguardians, unless incompetent/incapable upongrounds other than minority. If minor initiatesthe complaint, the father/guardian/grandfathercannot withdraw complaint.

COMPLAINT AS CONDITION PRECEDENT

• The complaint starts the prosecutoryproceeding; but it does not vest jurisdiction, as

jurisdiction is vested in the court by the law. • The complaint is only a condition precedent for

the exercise by proper authorities of the powerto prosecute.

• The failure to raise the issue as to WON therehas been a valid complaint filed by theoffended party at the trial court is a waiver of

the issue.

EFFECT OF DEATH OF OFFENDED PARTY

• Once a complaint is filed, the will of theoffended party is ascertained and the actionproceeds. Death after filing the complaintwould not deprive the court of the jurisdictionto try the case

• The State shall initiate the action on behalf of the offended party, in case of hisdeath/incapacity and he has no knownparents/grandparents/guardians.

• In adultery/concubinage, such death does notextinguish the criminal liability of accused.

EFFECT OF DESISTANCE BY OFFENDED

PARTY

• It does not bar the People of the Philippinesfrom prosecuting the criminal action, but itoperates as a waiver of the right to pursue civilindemnity.

• An affidavit of desistance cannot justifydismissal of the complaint if made after (andnot before) the institution of the criminal

• General rule: Pardon must be made beforethe filing of the criminal complaint in court. • If there are more than one accused, the

pardon must be extended to all offenders. • Exception: Marriage between offender andoffended party.

• Pardon or express condonation has the effect of waiving the civil liability with regard to theinterest of the injured party. For liability arisingfrom an offense is extinguished in the samemanner as other obligations.

E. INTERVENTION OF THE

OFFENDED PARTY [Rule 110,

Sec. 16 ]

• When the civil action is instituted together withthe criminal action according to Rule 111, thenthe offended part may intervene by counsel inthe prosecution of the offense.

• “Party” includes not only the government butother persons as well, such as the complainant

who may be affected by the judgment renderedin the criminal proceedings. [People v. Madali (2001)]

WHEN PRIVATE PROSECUTOR IS ALLOWED TOINTERVENE• General rule: An offended party has the right

to intervene in the prosecution of a crime. • Exception:

1) Where, from the nature of the crime

and the law defining and punishing it,no civil liability arises in favor of aprivate offended party.

2) Where, from the nature of the offense,the private offended party is entitled tocivil indemnity arising therefrom but hehas waived the same or has expresslyreserved his right to institute aseparate civil action or he has alreadyinstituted such action.

• Any move on the part of the complainant oroffended party to dismiss the criminal case,even if without objection of the accused, shouldfirst be referred to the prosecuting fiscal for hisown view on the matter. He controls theprosecution of the case and may have reasonswhy the case should not be dismissed.




II. PROSECUTION OF THE CIVIL

ASPECT

CIVIL LIABILITY

• General rule: When a criminal action isinstituted, the civil action for the recovery of damages is deemed instituted with the criminalaction. [Rule 111, Sec. 1 ] • Exception: If the offended party:

1) Waives the civil action;

2) Reserves the right to institute itseparately;• Exception:

a) Claims arising out of adishonored check under BP 22where “no reservation to filesuch civil action separatelyshall be allowed”.

b) Claims arising from an offensewhich is cognizable by theSandiganbayan. [Sec. 4, PD1606, as amended by RA 8249 ]

3) Institutes the civil action prior to thecriminal action.

• An offended party loses his right to intervene inthe prosecution of a criminal case, not onlywhen he has waived the civil action orexpressly reserved his right to institute, butalso when he has actually instituted the civil

action. For by either of such actions his interestin the criminal case has disappeared. [Garcia v.Florido]

RESERVATION TO FILE SEPARATE CIVIL ACTION• The reservation of the right to institute

separately the civil action shall be made beforethe prosecution starts presenting its evidenceand under circumstances affording the offendedparty a reasonable opportunity to make such

reservation.• Procedure for making the reservation:1) Filing a manifestation in the criminal case

that the offended party is reserving hisright to file a separate civil action;

2) Filing the separate civil action andinforming the court trying the criminal casethat the offended party has filed a separate

party, his family or a 3rd person by reason of the crime. [Art. 107, RPC ]

CRIMINAL LIABILITY VIS-À-VIS CIVILLIABILITY

• Many legal scholars treat as a misconception orfallacy the generally accepted notion that thecivil liability actually arises from the crimewhen, in the ultimate analysis, it does not.While an act/omission is felonious because it ispunishable by law, it gives rise to civil liabilitynot so much because it is a crime but becauseit caused damage to another. Viewing thingspragmatically, we can readily see that whatgives rise to the civil liability is really theobligation and the moral duty of everyone torepair or make whole the damage caused toanother by reason of his own act/omission,done intentionally or negligently, WON thesame be punishable by law. In other words,criminal liability will give rise to civil liabilityonly if the same felonious act/omission resultsin damage/injury to another and is the directand proximate cause thereof. Damage/injury toanother is evidently the foundation of the civilaction. Such is not the case in criminal actionsfor, to be criminally liable, it is enough that theact/omission complained of is punishable,regardless of WON it also causes materialdamage to another. [Banal v. Tadeo]

• Underlying the legal principle that a person who

is criminally liable is also civilly liable is theview that from the standpoint of its effects, acrime has dual character: (1) as an offenseagainst the state because of the disturbance of the social order; and (2) as an offense againstthe private person injured by the crime unlessit involves the crime of treason, rebellion,espionage, contempt and others wherein nocivil liability arises on the part of the offendereither because there are no damages to be

compensated or there is no private personinjured by the crime. [Occena v. Icamina]

SEPARATE, SIMULTANEOUS AND

INDEPENDENT CIVIL ACTIONS

• Reservation is not necessary.




h) The right to the equal protection of thelaws;

i) The right to be secure in one's person,house, papers, and effects againstunreasonable searches and seizures;

j) The liberty of abode and of changingthe same;

k) The privacy of communication andcorrespondence;

l) The right to become a member of associations/societies for purposes notcontrary to law;

m) The right to take part in a peaceable

assembly to petition the governmentfor redress of grievances;n) The right to be free from involuntary

servitude in any form;o) The right of the accused against

excessive bail;p) The right of the accused to be heard by

himself and counsel, to be informed of the nature and cause of the accusationagainst him, to have a speedy and

public trial, to meet the witnesses faceto face, and to have compulsoryprocess to secure the attendance of witness in his behalf;

q) Freedom from being compelled to be awitness against one's self, or frombeing forced to confess guilt, or frombeing induced by a promise of immunity or reward to make suchconfession, except when the person

confessing becomes a State witness;r) Freedom from excessive fines, or crueland unusual punishment, unless thesame is imposed or inflicted inaccordance with a statute which hasnot been judicially declaredunconstitutional; and

s) Freedom of access to the courts.3) Cases of defamation, fraud and physical

injuries.

4) When a member of a city/municipal policeforce refuses/fails to render aid/protectionto any person in case of danger tolife/property.

5) Quasi-delict.• A quasi-delict case may be brought by

the offended party even if he has not

3) Consolidation with the criminal action.• Before final judgment in the civil case, it

may be consolidated with the criminalaction, upon motion by the offended party.The evidence in civil case shall beautomatically reproduced in the criminalcase without prejudice to the right of theprosecution to cross-examine witnessespresented by the offended party and for theparties to adduce additional evidence. [Rule111, Sec. 2 par. 2 ]

4) Tolling of prescriptive period.• During the pendency of the criminal action,

the running of the prescriptive period of thecivil action that cannot be institutedseparately or has been suspended shall betolled. [Rule 111, Sec. 2 par. 3 ]

EXTINCTION OF THE CRIMINAL ACTION

• General rule: It will not cause the extinctionof the civil action.• Exception: Civil action based on delict

may be deemed extinguished if there is afinding in a final judgment in the criminalaction that the act/omission from which thecivil liability may arise does not exist. [Rule111, Sec. 2 last par. ]

EFFECT OF DEATH ON CIVIL ACTION [Rule

111, Sec. 4 ]

1) If death is before arraignment – Dismissal of case without prejudice to filing of civil actionagainst estate of the deceased.

2) If death is after arraignment and duringpendency of criminal action – Extinguishes civilliability.• Exception: Independent civil actions,

which may be brought against the estate of the deceased or legal representative afterproper substitution.

EFFECT OF THE CIVIL ACTION

JUDGMENT, ON THE CRIMINAL ACTION[Rule 111, Sec. 5 ]

• If the civil action judgment absolves thedefendant it does not bar criminal action




antecedent of the issue involved therein, andthe cognizance of which pertains to anothertribunal. The prejudicial question must bedeterminative of the case before the court butthe jurisdiction to try and resolve the questionmust be lodged in another court or tribunal. Itis a question based on a fact distinct andseparate from the crime but so intimatelyconnected with it that it determines the guilt orinnocence of the accused. [Ras v. Rasul] • Elements: [Rule 111, Sec. 7 ]

1) Previously initiated civil action involvesan issue similar or intimately related to

the issue raised in the subsequentcriminal action;2) The resolution of such issue determines

WON the criminal action may proceed.• With whom to file petition:

1) Office of the prosecutor;2) Court conducting the PI.

FILING FEES

• Filing fees of the civil action are deemedinstituted in criminal action.

• No filing fees are required for amounts of actual damages, except as otherwise provided(i.e. BP 22 cases).

• Moral, exemplary and other damages should bespecified in complaint and corresponding filingfees should be paid, otherwise the trial courtwill not acquire jurisdiction over such otherdamages.

• Where moral, exemplary and other damagesare not specified in the complaint/information,the grant and amount are left to the sounddiscretion of the trial court, the correspondingfiling fees need not be paid and shall simplyconstitute a first lien on the judgment.

III. PRELIMINARY

INVESTIGATION [Rule 112, as

amended by AM 05-8-26-SC (effectiveOctober 3, 2005)] DEFINITION

• An inquiry/proceeding to determine WON thereis sufficient ground to engender a well-foundedbelief that a crime has been committed and therespondent is probably guilty thereof, andshould be held for trial. [Rule 112, Sec. 1 ]

• It is an executive function, although theprosecutor is a quasi-judicial authority. He istasked to determine WON a criminal case mustbe filed in court

• Even if an executive function, it is considered a judicial inquiry, a judicial proceeding as itinvolves opportunity to be heard on the part of the complainant and the respondent, theproduction and weighing of evidence anddecision, and as prosecutor acts as quasi-

judicial officer.• Purpose:

1) To inquire concerning the commission of the crime and the connection of accusedwith it, in order that he may be informed of the nature and character of the crimecharged against him, and if there isprobable cause in believing him guilty, thatthe state may take the necessary steps to

bring him to trial;2) To preserve the evidence and keep thewitnesses within the control of the state;

3) To determine the amount of bail, if theoffense is bailable;

4) Principally, to determine WON a crime hasbeen committed and WON there is probablecause to believe that the accused is guilty.It is to secure the innocent against hasty,malicious and oppressive prosecution, and

to protect him from an open and publicaccusation of a crime, from the trouble,expense, anxiety of a public trial, and alsoprotect the state from useless andexpensive trials. It is intended to protectthe accused from the inconvenience,expense and burden of defending himself ina formal trial unless the reasonable




• If the accused invokes the right to PI but thetrial judge nonetheless proceeds with thearraignment over the objection and requiredthe prosecutor to present evidence, thearraignment and presentation of somewitnesses does not amount to a waiver of thesaid right.

WHEN REQUIRED

• General rule: PI is required to be conductedbefore a complaint/information is filed for anoffense where the penalty prescribed by law is

at least 4 years, 2 months and 1 day, withoutregard to the fine. [Rule 112, Sec. 1, par. 2 ] • Exception: When a person is lawfully

arrested without a warrant involving anoffense that requires a PI, acomplaint/information may be filed withoutconducting the PI if the necessary inquestis conducted. In the absence orunavailability of an inquest prosecutor, thecomplaint may be filed by the offended

party or by a peace officer directly with theproper court on the basis of the affidavit of the offended party or arresting officer orperson.• However, before the complaint/

information is filed, the person arrestedmay ask for a PI, but he must sign awaiver of the provisions of Art. 125,RPC in the presence of his counsel.Notwithstanding the waiver, he mayapply for bail and the investigationmust be terminated within 15 daysfrom its inception.

• After the filing of thecomplaint/information in court withouta PI, the accused may within 5 daysfrom the time he learns of its filing, askfor a PI with the same right to adduceevidence in his defense as provided inRule 112. [Rule 112, Sec. 6 ]

WHO MAY CONDUCT PI

1) Provincial/city prosecutors and their assistants;2) National and regional state prosecutors;3) Other officers as may be authorized by law.

government official authorized toadminister oath or notary public.

2) Action of the investigating officer. [Rule 112,Sec. 3(b) ] • Investigating officer must act within 10

days after the filing of the complaint. Hewill either:a) Dismiss - If he finds no ground to

continue investigation;b) Issue a subpoena to the respondent,

attaching the complaint and otherdocuments.• If subpoena is not possible, the

investigating officer shall decidebased on what complainantpresented.

• Respondent has the right toexamine the evidence submitted bycomplainant, and copy evidence athis expense.

3) Defendant’s counter-affidavit. [Rule 112, Sec.3(c) ] • It must me made within 10 days from

receipt of complaint, and must comply withthe same requirements as a complaint.4) Hearing. [Rule 112, Sec. 3(e) ]

• The investigator must conduct a hearingwithin 10 days from receipt of the counter-affidavit. The hearing must be finished in 5days.

• Hearing is conducted only if there are suchfacts and issues to be clarified from a partyor a witness.

• Parties may be present evidence, but theyhave no right to examine or cross-examine.Questions of parties shall be submitted tothe investigating officer.

• Within 10 days, the officer shall determineWON there is sufficient ground to holdrespondent for trial.

5) Resolution. [Rule 112, Sec. 4 ] • If the investigating officer finds no PC, he

will dismiss the case. Otherwise, he will

prepare an information and resolution.• PROBABLE CAUSE (PC) – For purposes of

filing an information by the prosecutor, it isthe existence of such facts andcircumstances as would excite the belief, ina reasonable mind acting on the factswithin the knowledge of the prosecutor,




• Within 10 days from receipt of theresolution, the prosecutor/ombudsman willact on the case.

• The prosecutor/ombudsman has toauthorize/approve the filing of aninformation by the investigating officer.

• In case of dismissal by investigating officer,the prosecutor/ombudsman, if hedisagrees, may file the information himself or any deputy or order any prosecutor todo so without conducting a new PI.

• The DOJ Secretary may file the informationor dismiss the information filed by the

prosecutor/ombudsman.7) Filing of information/complaint in court. [Rule112, Sec. 5 ] • Within 10 days from the filing of

complaint/information, the judge may:a) Dismiss the case, if he thinks there is

no PC.b) Otherwise, issue a warrant of arrest (if

RTC).• Warrant of arrest is not necessary

when respondent is alreadydetained or if the offense ispunishable by fine only.

c) Order presentation of additionalevidence within 5 days from notice andissue, if he has doubt regarding theexistence of PC. He must resolve itwithin 30 days from filing of complaint/information.

RECORD OF THE INVESTIGATION [Rule 112,Sec. 7 ]

• General rule: PI record does not form part of the case record.• Exception: The court may order the

production of the PI record (or partthereof):1) When necessary in the resolution of the

case or any incident therein;2) When it is to be introduced as an

evidence in the case by the requestingparty.

CASES NOT REQUIRING PI NOR COVERED

BY THE RULE ON SUMMARY PROCEDURE

the accused had already been arrested)and hold him for trial.• However, if the judge is satisfied that

there is no need to place the accusedunder custody, he may issue summonsinstead.




IV. ARREST

DEFINITION

• ARREST – Taking of a person into custody inorder that he may be bound to answer for thecommission of an offense. [Rule 113, Sec. 1 ]

• Ordinarily, an invitation to attend a hearing andanswer some questions, which the personinvited may heed or refuse at his pleasure, isnot illegal or constitutionally objectionable.However, where the invitation comes from apowerful group composed predominantly of ranking military officers issued at a time whenthe country has just emerged from martial ruleand when the suspension of the privilege of thewrit of habeas corpus has not entirely beenlifted, and the designated interrogation site is amilitary camp, the same can be easily taken,not as a strictly voluntary invitation which itpurports to be, but as an authoritative

command which one can only defy at his peril.Although in the guise of a request, it wasobviously a command or an order of arrest thata person could hardly be expected to defy.[(Sanchez v. Demetriou (1993) ]

MEANS OF ARREST

1) By actual restraint of the person to bearrested;

2) By submission to the custody of the personmaking the arrest. [Rule 113, Sec. 2, par. 1 ]

• No violence or unnecessary force shall be usedin making an arrest. Person arrested shall notbe subject to a greater restraint thannecessary. [Rule 113, Sec. 2, par. 2]

• Application of actual force, manual touching of the body, physical restraint or a formaldeclaration of arrest is not required. It is

enough that there be an intent on the part of one of the parties to arrest the other and anintent on the part of the other to submit, underthe belief and impression that submission isnecessary. [Sanchez v. Demetriou (1993) ]

IMMUNITY FROM ARREST

INSTANCES WHEN JUDGE ISSUES WARRANT OFARREST1) Upon the filing of the information by the public

prosecutor and after personal evaluation by the judge of the prosecutor’s resolution andsupporting evidence. [Rule 112, Sec. 6(a)] • The judge does not have to personally

examine the complainant and hiswitnesses. The prosecutor can perform thesame functions. [Soliven v. Makasiar ]

• Bare certification by the fiscal is notenough. It should be supported by a reportand necessary documents. [Lim v. Felix

(1991) ] 2) Upon application of a peace officer and afterpersonal examination by the judge of theapplicant and the witnesses he may produce.[Rule 112, Sec. 6(b) ] • Rationale: There is yet no evidence on

record upon which judge may determinethe existence of PC.

• Conditions:a) The investigating judge must have

examined in writing and under oath thecomplainant and his witnesses bysearching questions and answers.

b) He must be satisfied that PC exists;c) There is a need to place the respondent

under immediate custody in order notto frustrate the ends of justice.[Samulde v. Salvani (1988) ]

• A warrant of arrest has no expiry date. It is

only subject to the requirements found inSection 4, Rule 113.

EXECUTION OF WARRANT OF ARREST

DUTY OF HEAD OF OFFICE TO WHOM THEWARRANT WAS DELIVERED FOR EXECUTION• To cause the warrant to be executed within 10

days from its receipt. [Rule 113, Sec. 4 ]

DUTIES OF THE ARRESTING OFFICER1) To arrest the accused and deliver him to the

nearest police station or jail withoutunnecessary delay. [Rule 113, Sec. 3 ]

2) To make a report to the judge who issued thewarrant. [Rule 113, Sec. 4 ] • Within 10 days after expiration of the




so requires, the warrant must be shown to himas soon as practicable.

RIGHTS OF THE ARRESTING OFFICER1) To summon assistance. [Rule 113, Sec. 10 ]

• He may orally summon as many persons ashe deems necessary to assist him ineffecting the arrest.

• Persons summoned shall assist in effectingthe arrest when he can do so withoutdetriment to himself.

2) To break into any building/enclosure where the

person to be arrested is or is reasonablybelieved to be. [Rule 113, Sec. 11 ]• If he is refused admittance after

announcing his authority and purpose.• Also applicable where there is a valid arrest

without a warrant.• Rationale: Person to be arrested cannot

use his house/building/enclosure as ashelter for crime. The inviolability of domicile cannot be used to shield arrest.

3) To break out from the building/enclosure whennecessary to liberate himself. [Rule 113, Sec.12 ]• Also applicable where there is a valid arrest

without a warrant.4) To search the person arrested for dangerous

weapons or anything which may have beenused or constitute proof in the commission of an offense. [Rule 126, Sec. 13 ]• Without need of a search warrant.

B. WARRANTLESS ARREST

INSTANCES OF LAWFUL WARRANTLESS

ARREST

1) IN FLAGRANTE DELICTO – Literally, caughtin the act of committing a crime. When theperson to be arrested has committed, isactually committing or is attempting to commitan offense in the presence of the peace officeror private person who arrested him. [Rule 113,Sec. 5(a) ] • “In his presence” means: [People v.

Evaristo (1992)] a) He sees the offense even though at a

offense is based on actual facts.[Posadas v. Ombudsman (2000) ]

3) When the person to be arrested is a prisonerwho has escaped: [Rule 113, Sec. 5(c) ] a) From a penal establishment or place where

he is:(1) Serving final judgment;(2) Temporarily confined while his case is

pending.b) While being transferred from one

confinement to another.• Rationale: At the time of arrest, the

escapee is in continuous commission of a

crime (i.e. evasion of service of sentence).4) When a person who has been lawfully arrestedescapes or is rescued. [Rule 113, Sec. 13) ]

5) By the bondsman for the purpose of surrendering the accused. [Rule 114, Sec. 23,

par. 1 ] • When an accused released on bail attempts

to depart from the Philippines withoutpermission of the court where the case ispending. [Rule 114, Sec. 23, par. 2 ]

MANNER OF ARREST

1) By an officer – The officer shall inform theperson to be arrested of his authority and thecause of the arrest. [Rule 113, Sec. 8 ] • Exception:

a) The person to be arrested is engaged inthe commission of the offense;

b) He is pursued immediately after its

commission;c) He escapes, flees or forcibly resists

before the officer has the opportunityto so inform him;

d) Giving such information will imperil thearrest.

2) By a private person - The private person shallinform the person to be arrested of theintention to arrest him and the cause of thearrest. [Rule 113, Sec. 9 ] • Exception: Same as those for arrest by an

officer.• The private person must deliver the

arrested person to the nearest policestation or jail, and he shall be proceededagainst in accordance with Rule 112, Sec.7. Otherwise, the private person may be




• It is not necessary that there should be badfaith or malice. Such requisite would defeatthe main purpose of the provision which isthe effective protection of individual rights.

4) The fact that the arrest was illegal does notrender the subsequent proceedings void anddeprive the State of its right to convict when allthe facts point to the culpability of the accused.

CURING AN ILLEGAL ARREST

1) By filing of an information in court; and2) Subsequent issuance by the judge of a warrant

of arrest.

WAIVER OF THE ILLEGALITY OF ARREST

• The accused may waive the illegality of hisarrest either expressly or impliedly.

• The objection to illegality of arrest must bemade before arraignment in a MTQ; otherwiseit is deemed waived. [Rule 117, Sec. 9 ] •

Filing of MTQ which includes other groundsdoes not amount to waiver.• Application for or admission to bail does not

amount to waiver. [Rule 114, Sec. 26 ]

V. CUSTODIAL INVESTIGATION

• Definition: It involves the questioning initiatedby law enforcement officers after a person hasbeen taken into custody or otherwise deprivedof his freedom of action in any significant way.

• Custodial investigation begins where theinvestigation is no longer a general inquiry intoan unsolved crime but has began to focus on aparticular suspect, the suspect has been takeninto police custody, and the police carry out aprocess of interrogation that lends itself to

eliciting incriminating statements. [People v.Rodriguez ]

ALSO CONSIDERED AS CUSTODIAL

INVESTIGATION (CI)

1) The practice of issuing an "invitation" to aperson who is investigated in connection withan offense he is suspected to have committed.[Sec. 2, last par., RA 7438]

2) RE-ENACTMENT – A demonstration by theaccused of how he committed the crime. It is apolice contrivance designed to test thetruthfulness of the statements of the witnesswho had confessed to the commission of thecrime.

NOT CONSIDERED AS CI

1) Police line-up. [People v. Pavillare (2000) ] • It is conducted before the CI, the purpose

of which is to identify the suspect amongmany persons lined up.

• TOTALITY OF CIRCUMSTANCES TEST –Test employed in resolving the admissibilityof out-of-court identification of suspects;requires the following factors to beconsidered: [People v. Teehankee (1995) ]

a) The witness’ opportunity to view thecriminal at the time of the crime;

b) The witness’ degree of attention at thattime;

c) The accuracy of any prior descriptiongiven by the witness;

d) The level of certainty demonstrated by




a) Signing of the written custodial report;b) Signing of the written extra-judicial

confession• In the absence of counsel and upon

valid waiver, it may be made in thepresence of any his parents, elderbrothers and sisters, spouse, themunicipal mayor, the municipal

judge, district school supervisor, orpriest/minister of the gospel aschosen by him.

c) Signing of the waiver to the provisionsof Art. 125, RPC.

2) To be informed, in a language known to andunderstood by him, of his rights to remainsilent and to have competent and independentcounsel, preferably of his own choice, who shallat all times be allowed to confer privately withthe person arrested, detained or under CI.• If he cannot afford to have his own

counsel, he must be provided with acompetent and independent counsel by theinvestigating officer.

• Assisting counsel may be any lawyer,except those:a) Directly affected by the case;b) Charged with conducting PI;c) Charged with the prosecution of

crimes; [Sec. 3, RA 7438 ] 3) To be allowed visits by or conferences with any

member of his immediate family, or anymedical doctor or priest or religious ministerchosen by him or by any member of his

immediate family or by his counsel, or by anynational NGO duly accredited by theCommission on Human Rights or by anyinternational NGO duly accredited by the Officeof the President.• "Immediate family" includes his or her

spouse, fiancé or fiancée, parent or child,brother or sister, grandparent orgrandchild, uncle or aunt, nephew or niece,and guardian or ward.

VI. BAIL

• Definition: The security given for the releaseof a person in custody of the law, furnished byhim or a bondsman, to guarantee hisappearance before any court as required underconditions hereinafter specified. [Rule 114,Sec. 1]

CONCEPT AND PURPOSE

• Implementation of the right to bail under theconstitution. [Art. 3, Sec. 13, Consti ]

• Flows from the presumption of innocence.[Paderanga v. CA (1995) ]

• Delivery of the accused to others who becomeentitled to his custody and responsible for hisappearance. [Philippine Phoenix Surety v.Sandiganbayan (1987) ]

• Person under detention or legal process may bereleased upon admittance to bail. [Rule 114,Sec. 3 ]

• It shall not constitute as a waiver of his right tochallenge the legality of his arrest or theabsence of PI. [Rule 114, Sec. 26]

WHEN NOT REQUIRED

1) When the law or ROC so provides.2) When the person has been in custody for a

period equal to or more than the possible

maximum imprisonment prescribed for theoffense charged.• He is to be released immediately, without

prejudice to the continuation of the trial.• If the maximum penalty is destierro, he

shall be released after 30 days of preventive imprisonment. [Rule 114, Sec.16]

CONDITIONS OF BAIL

1) Undertaking is effective upon approval andshall remain in force at all stages of the caseuntil promulgation of the RTC judgment.• WON the case was originally filed in the

RTC.• Unless cancelled




• Require the accused to report periodicallyand make an accounting of his movements;

• Accused might be warned that trial willproceed in absentia [Almeda v. Villaluz

(1975) ] • Arraignment of the accused is not allowed as a

condition for bail. [Lavides v. CA (2000) ] • The court cannot impose conditions upon the

bondsmen, in addition to the obligation todeliver the accused before the court. [Bandoy v. Judge of CFI ]

KINDS OF BAIL

1) Corporate surety.• By any domestic/foreign corporation

licensed as a surety and currentlyauthorized to act as such. [Rule 114, Sec.10]

• Court may not refuse corporate suretybond and require cash bond. [Almeda v.Villaluz (1975) ]

• Note: However, the SC also held that the

ROC left to the trial judge’s discretion thequestion of whether bail should be postedin form of a corporate surety bond orproperty bond or a cash deposit or apersonal recognizance [Re: Judge SilverioTayao, Makati RTC Br.143 (1994) ]

2) PROPERTY BOND – An undertakingconstituted as a lien on the real property givenas security for the amount of the bail. [Rule114, Sec. 11] • Qualifications of sureties: [Rule 114, Sec.

12 ] a) Each must be a resident owner of real

estate within the Philippines;• Court may require that he is a

resident of the province. [Villaseñor v. Abaño (1967) ]

b) Where there is only one surety, his realestate must be worth at least theamount of undertaking;

c) If there are 2 or more sureties, eachmay justify in an amount less than thatexpressed in the undertaking but theaggregate of the justified sums must beequivalent to the whole amount of thebail demanded.

• Justification of sureties: [Rule 114, Sec.

compliance with the requirements, theaccused shall be discharged from custody.

• The money deposited shall be applied tothe payment of fine and costs. Any excessshall be returned to the accused or towhoever made the deposit.

• The judge has no authority to receive adeposit of cash bail.

• The cash should not be kept in the judge’soffice, much less his own residence. [Naui v. Mauricio]

4) Recognizance. [Rule 114, Sec. 15 ] • Definition: Obligation of record, entered

into before some court or magistrate dulyauthorized to take it, with the condition todo some particular act, the most usualcondition in criminal cases being theappearance of the accused for trial. [Peoplev. Abner (1950) ]

• Effect: Transfer custody of the accusedfrom the public officials who have him intheir charge to keepers of his ownselection.

• Whenever allowed by law or by the ROC:a) In cases of violations of

municipality/city ordinances, andcriminal offenses where the penalty isnot higher than arresto mayor and/orfine of P2K or both. [RA 6036]

b) Youthful offender, uponrecommendation of DSWD or otheragencies authorized by court. [PD 603]

c) Accused applying for probation before

finality of judgment. [PD 968] d) Person in custody for a period equal toor more than the minimum of theprincipal penalty prescribed for theoffense charged. [Rule 114, Sec. 16 ]

AMOUNT OF BAIL

• Guidelines:1) Financial ability of the accused to give bail;2) Nature and circumstances of the offense;3) Penalty for the offense charged;4) Character and reputation of the accused;5) Age and health of the accused;6) Weight of evidence against the accused;7) Probability of the accused appearing at

trial;




A. RIGHT TO BAIL

ACCRUAL OF THE RIGHT TO BAIL

ACCUSED MUST BE IN CUSTODY• The right to bail accrues when a person is

arrested or deprived of his liberty. [Paderangav. CA (1995) ]

• The Court should not even allow a motion forbail to be set for hearing unless it has acquired

jurisdiction over the person of the accused andthe case by its filing in court. [Guillermo v.

Judge Reyes (1995) ]

CUSTODY, HOW ACQUIRED1) By virtue of a warrant or a warrantless arrest;2) Voluntary submission to the court’s jurisdiction.

• General rule: The mere filing of an applicationfor bail is not sufficient to submit to the

jurisdiction of the court. [Santiago v. Vasquez,(1992) ] • Exception: When there is an application

for bail without the personal appearance of the accused (e.g. when he is confined inthe hospital). [Santiago v. Vasquez;Paderanga v. CA ]

ADMITTANCE TO BAIL AS A MATTER OF

RIGHT

• All persons in custody shall be admitted to bailas a matter of right:• Before or after conviction by the MTC;• Before conviction by RTC of an offense not

punishable by death, reclusion perpetua orlife imprisonment. [Rule 114, Sec. 4 ]

• It is not necessary that there is a formalcomplaint filed against him. [HerrasTeehankee v. Rovira]

ADMITTANCE TO BAIL ASDISCRETIONARY

• Upon conviction by the RTC of an offense notpunishable by death, reclusion perpetua or lifeimprisonment:

2) Previously escaped from legal confinement,evasion of sentence or violation of conditions of bail without valid justification;

3) Commission of offense while underprobation, parole or conditional pardon;

4) Probability of flight;5) Undue risk that he may commit another

crime during the pendency of appeal.

RIGHT TO BAIL NOT AVAILABABLE

1) Capital offense or an offense punishable byreclusion perpetua or life imprisonment, when

evidence of guilt is strong. [Rule 114, Sec. 6 ] • Prosecution has the burden of proof. [Rule

114, Sec. 8 ] • CAPITAL OFFENSE - An offense which,

under the law existing at the time of itscommission and of the application foradmission to bail, may be punished withdeath.

• Effect of abolition of death penalty: Whenevidence of guilt is strong, right to bail is

still not available. [Carpio v. Maglalang(1991) ]

• Hearing on the application for bail ismandatory. [Aurillo Jr. v. Francisco (1994) ] • Court must give reasonable notice of

the hearing to the prosecutor or requirehim to submit his recommendation.[Rule 114, Sec. 18 ]

2) Right to bail is not available in the military.[Comendador v. de Villa (1991) ]

3) After a judgment of conviction has becomefinal;• If applied for probation before finality, he

may be allowed temporary liberty under hisbail. [Rule 114, Sec. 24 ]

4) After the accused has commenced to serve hissentence. [Rule 114, Sec. 24 ]

B. PROCEDURAL MATTERS IN

BAIL

WHERE FILED [Rule 114, Sec. 17 ]

• With the court where the case is pending;• If the is unavailable, with any RTC/MTC




• Accused must be discharged upon approval of the bail by the judge with whom it was filed.

• If bail is filed with a court other than where thecase is pending, the judge who accepted the

bail should forward it to the court where thecase is pending. [Rule 114, Sec. 19]

• If the accused attempts to depart from thePhilippines without permission of the court, hemay be re-arrested without the need for awarrant. [Rule 114, Sec. 23 ]

FORFEITURE OF BAIL [Rule 114, Sec. 21 ]

• If the accused failed to appear in person asrequired by the court.• Bondsmen are given 30 days within which to:

1) Produce the body of the principal or givereason for the non-production.• Bondsmen may:

a) Arrest the accused;b) Cause him to be arrested by a

police officer or any other person of suitable age or discretion.• Upon written authorityendorsed on a certified copy of

the undertaking.2) Explain why the accused failed to appear.• If the bondsmen fail to do these, judgment

is rendered against them, jointly andseverally, for the amount of the bail.

• Bondsmen’s liability cannot be mitigated orreduced, unless the accused has beensurrendered or is acquitted.

CANCELLATION OF BAIL

1) Upon application of the bondsmen, with duenotice to the prosecution, bail may be cancelledupon:a) Surrender of the accused;b) Submission of proof of the death of the

accused.

2)

Bail is automatically cancelled upon:a) Acquittal of the accused;b) Dismissal of the case;c) Execution of the judgment of conviction.

VII. RIGHTS OF THE ACCUSED[Rule 115]

1) To be presumed innocent;• Until contrary is proved beyond reasonable

doubt• Accusation is not synonymous with guilt.

[People v. Dramayo (1971) ] 2) To be informed of the nature and cause of

accusation against him;• Offense must be clearly charged in the

information. [People v. Ortega (1997) ] • Charge must be set forth with sufficientparticularity which will enable him to

intelligently prepare his defense. [Balitaanv. CFI of Batangas (1982) ]

• The pPurpose is served by arraignment.[Borja v. Mendoza (1977) ]

3) To be present and defend in person and bycounsel at every stage of the proceedings;a) Right to be present;

• This right may be waived. However,

presence is required:(1) For purposes of identification;(2) At arraignment; [Rule 116, Sec.

1(b) ] (3) At the promulgation of judgment;

• Exception: If the conviction isfor a light offense. [Rule 120,Sec. 6 ]

• Trial in absentia:• Requisites: [Parada v. Veneracion

(1997) ](1) Prior arraignment;(2) Proper notice of the trial;(3) Failure to appear is

unjustifiable.• Effects: Waiver of right to be

present, right to present evidenceand right to cross-examinewitnesses. [Gimenez v. Nazareno(1988) ] • Note: This doctrine should be

re-examined because the rightswaived are distinct rightsguaranteed by the Constitution.[Pamaran]

b) Right to counsel;• It means reasonably effective legal




• But subject to cross-examination on anymatter cited in his direct examination.

5) To be exempt from being compelled to be awitness against himself;• Compulsion includes not only violence but

also moral coercion. [Chavez v. CA (1968)] • Covers only testimonial compulsion and

production of incriminating documents.• It does not include examination of his body

as evidence when it may be material. [USv. Tan Teng (1912) ]

• If he testified as a witness in his ownbehalf, he cannot refuse to answerquestions on cross-examination on theground that the answer would incriminatehimself.

• The questions should be on matters relatedto his direct examination. [People v. Judge

Ayson (1989) ]6) To confront and cross-examine witnesses

against him at the trial;• This right is waived by non-appearance.

[Carredo v. People (1990) ]•

Identification by a witness of the accused isinadmissible if the accused had noopportunity to confront witness. [People v.Lavarias (1968) ]

7) To have compulsory process issued to secureattendance of witnesses and production of other evidence in his behalf.

• Trial court should not delegate to theaccused the responsibility of getting hiswitnesses. If a subpoena is issued and

the witness failed to appear, the courtshould order the arrest of the witness if necessary. [People v. Montejo (1967) ]

8) To have a speedy, impartial and public trial;• Remedy against denial of right:

a) MTD;b) Dismissal subject to rules on double

jeopardy. [SC Circular 38-98] c) Mandamus. [Vide Abadia v. CA (1994) ]

• This right may be waived.• Right to public trial not is violated wheretrial was held in chambers [Garcia v.

Domingo (1973) ] or in the Bilibid prison[US v. Mercado (1905) ], if accused failed toobject and as long as he could have hisfriends, relatives and counsel present.

• Trial by publicity is not per se as prejudicial

VIII. SEEKING RELIEF FROM A

DEFECTIVE INFORMATION

DEFINITION

• MOTION TO QUASH (MTQ) - Formerly calleda demurrer, it is a special pleading, filed by theaccused, which hypothetically admits the truthof the facts spelled out in thecomplaint/information and sets up a matter,which, if duly proved, would preclude further

proceedings.• It cannot be initiated by the judge; otherwise it

would amount to pre-judging the case. [Peoplev. Nitafan (1999)]

Order denying MTQ Order granting MTQ

Interlocutory Final orderNot appealable absent ashowing of GAD

Immediately appealablebut subject to rules ondouble jeopardy

Does not dispose of thecase upon its merits Disposes of the case uponits meritsProper remedy: appealafter the trial

Proper remedy: appeal theorder

MTQ Demurrer to Evidence Filed before entering plea Filed after the prosecution

has rested its caseDoes not go into themerits of the case

Based upon the inadequacyof the evidence adduced bythe prosecution

Nolle prosequi Quashal of Information

Initiated by prosecutor Initiated by accusedDismissal of criminal caseby the government beforeaccused is placed on trialand before he is called toplead, with approval of court

Court has no authority toinitiate MTQ. Filing is madebefore accused enters plea,subject to exceptions

Discontinuance in a civilsuit, leaves the matter inthe same condition it wasbefore commencement of the prosecution

***

Not an acquittal Acquittal is a ground forquashal

Not a final disposition of the case

Rule 117, Sec. 6




• Deemed to be a waiver of all objections whichare grounds for a MTQ. [Gamboa v. Cruz (1988) ]

• Deprives of the right to object to evidence

which could be lawfully introduced andadmitted under an information of more or lessgeneral terms but which sufficiently charges adefinite crime. [People v. Marquez (2000) ]

FORM AND CONTENTS [Rule 117, Sec. 2 ]

1) In writing;2) Signed by the accused or his counsel;

3)

Distinctly specify factual and legal grounds.• Facts outside the information are allowed tobe introduced to prove any of the grounds.

• Inquiry into outside facts may also beallowed even when the ground invoked isthat the allegations in the information donot constitute the offense charged. [Garciav. CA (1997) ]

• General Rule: Court shall consider noground other than those stated in the MTQ.

• Exception: LOJ over the offensecharged.

GROUNDS [Rule 117, Sec. 3 ]

• The grounds for MTQ are exclusive.• Not valid grounds:

1) Absence of PI;2) Lack of PC;3) Non-inclusion of an accused.

1. FACTS CHARGED DO NOT

CONSTITUTE AN OFFENSE

• In all criminal cases, the accused should beinformed of the nature and the cause of theaccusation against him.

• An information which does not charge anoffense or does not allege all the elements of a

crime, is void.• Test: WON the facts alleged, if hypothetically

admitted, would meet the essential elements of the offense, as defined by law. [People v Abad (1997) ]• That the missing element may be proved

during the trial or that prosecution has

• Where they are undisputed factsapparent from the records of the PI andnot denied or admitted by theprosecutor [Salonga v. Pano (1985) ]

• Where they are undisputed or undeniablefacts that destroy the prima facie truthaccorded to allegations of the information[People v. de la Rosa (1988) ]

• ROC expressly permits the investigation of facts alleged. [People v. Alagao (1966) ] [Rule 117, Sec. 2(f)(h), 4 & 5 ]

• Rationale: It would be pure technicality forthe court to close its eyes to said facts,refuse to quash the information, andrequire trial.

2. COURT HAS NO JURISDICTION

OVER THE OFFENSE CHARGED

• JURISDICTION OVER THE SUBJECTMATTER – The power to adjudge concerningthe general question involved.

• Law defines the offenses and penalties under

the jurisdiction of a court.• If the case was tried and decided upon the

theory that it had jurisdiction, the parties arenot barred from assailing such jurisdiction onappeal.

• In criminal prosecution, venue or place is jurisdictional. [Rule 110, Sec. 15; Lopez v. City Judge, 1966 ]

• The court had jurisdiction over the case sincefor as long as he continues to evade the serviceof his sentence he is deemed to continuecommitting the crime, and may be arrestedwithout warrant at any place where he may befound. [Parulan v. Director of Prisons (1968)]

• Where a court has jurisdiction over the offense,the objection that it has no jurisdiction over theperson of the accused may be waived. [Layosav. Rodriguez (1978) ]

• In private crimes, complaint of the offendedparty is necessary to confer authority to thecourt.

3. COURT HAS NO JURISDICTION

OVER THE PERSON OF THE

ACCUSED




• Authority to file and prosecute criminal casesvested in:1) Provincial fiscals and their assistants;2) City fiscals and their assistants;

3) The chief state prosecutor and his deputies.• A lawyer appointed by the DOJ Secretary may

also file an information.• The prosecutor who signed must have

territorial jurisdiction to conduct PI. [Cudia v.CA (1998) ]

• Information filed in the Sandiganbayan: Mustbe signed by a graft investigating officer withprior approval of the Ombudsman. Authority tosign may be challenged if prosecutor files theinformation without approval of Ombudsman.• The Ombudsman cannot sign when filed

information is filed in the regular courts.[Uy v. Sandiganbayan (1999) ]

• Election offenses: Must be signed by dulydeputized prosecutors and the legal officers of the COMELEC.

5. COMPLAINT/INFORMATION DOES

NOT CONFORM SUBSTANTIALLYTO THE PRESCRIBED FORM

• The formal and substantial requirements areprovided for in Rule 110, Sec. 6-12.

• General rule: Lack of substantial compliancerenders the accusatory pleading quashable. • Exception:

• Mere defects in matters of form may be

cured by amendment. • Objections not raised are deemedwaived, and the accused cannot seekaffirmative relief on such ground norraise it for the first time on appeal.[People v. Garcia (1997) ]

• Vague or broad allegations are generally notgrounds for a MTQ.• The correct remedy for this is a bill of

particulars. [Rule 116, Sec. 9 ]

6. MORE THAN ONE OFFENSE IS

CHARGED

• General rule: Complaint/information mustcharge but one offense. [Rule 110, Sec. 13 ] • Exception: cases in which existing laws

more modes specified. [Ku Bo Lin v. CA(1992) ]

• If criminal acts are committed on differentoccasions, each constitutes a separate offense.

7. CRIMINAL ACTION OR LIABILITY

HAS BEEN EXTINGUISHED

• Enjoyment of an accrued right cannot foreverbe left on a precarious balance. [People v.Reyes (1989) ]

• Protection from prosecution under a statute of limitation is a substantive right. [People v.

Sandiganbayan (1992) ]

HOW CRIMINAL LIABILITY IS TOTALLYEXTINGUISHED [Art. 89, RPC ] 1) Death of the accused;

• Extinguished as to the personal penaltiesand pecuniary penalties – only when deathoccurs before final judgment.

2) Service of sentence;• Execution must be by virtue of a final

judgment and in the form prescribed bylaw.

3) Amnesty;4) Absolute pardon;

Absolute pardon Conditional pardon

Complete upon itsdelivery

Only upon the acceptancesince accused may viewliability less onerous thanthe terms

Pardon Amnesty

Grant of the executive Grant by the President withconcurrence of majority of Congress

Private though official act Public actMust be pleaded andproved

Court must take judicialnotice [People v. Vera(1990)]

Granted after conviction Usually for those subject totrial but have not yet beenconvicted, but can also beavailable even afterinstitution of the criminalaction and sometimes afterconviction




offended party, the authorities, or theiragents.

• Interruption: Upon the filing of complaint/information• General rule: Includes complaint

filed with the proper officer for PI.• Exception: Period for offenses

penalized by special laws andordinances is interrupted onlyby filing in court.

• Commences to run again: Whenproceedings terminate without theaccused being convicted or acquitted,or are unjustifiably stopped for anyreason not imputable to him.

• Prescription shall not run when theoffender is absent from the Philippines.

• Manner of computing time:• 1 year = 365 days;• 1 month = 30 days, unless specified;• 1 day = 24 hours;• Nights = From sunrise to sunset;• First day shall be excluded and the last

day included.• The rule that if the last day falls on a

Sunday or a holiday, the act can still bedone the following day, does not applyto the computation of the period of prescription of a crime.

• Prescription of continuing crime: Countedfrom the latest/last act constituting theseries of acts continuing the single crime.[People v. Castaneda (1990) ]

• Prescription periods: [Art. 90, RPC ] a) 20 yrs. – Death and reclusion

perpetua;b) 15 yrs – Other afflictive penalties;c) 10 yrs. – Correctional penalties; except

arresto mayor, which prescribes in 5yrs.;

d) 1 yr. – Libel and similar offenses;e) 6 mos. – Oral defamation and slander

by deed;

f) 2 mos. – Light offenses.

• When the penalty fixed is a compoundone, the highest penalty shall be madethe basis of the application of letters a-c.

• Commencement: From the date whenthe culprit should evade the service of his sentence.

• Interruption: If the defendant should

give himself up, be captured, should goto some foreign country with which thisGovernment has no extradition treaty,or should commit another crime beforethe expiration of the period.

7) Pardon in private offenses (seduction,abduction, acts of lasciviousness, rape).• It extinguishes the criminal action or remits

the penalty already imposed.• General rule: Pardon should be given

before the filing of criminal complaint.• Exception: Marriage between the

offended woman and the offender.[Art. 344, RPC; People v. Lualhati (1989) ]

• Applicable to co-principals, accomplicesand accessories.

• If the victim is a minor: Pardon of offended party and of both parents isrequired. [People v. de la Cruz (1993) ]

8. CONTAINS AVERMENTS WHICH, IF

TRUE, WOULD CONSTITUTE LEGAL

EXCUSE OR JUSTIFICATION

JUSTIFYING CIRCUMSTANCES [Art. 11, RPC ] 1) Acts in defense of his person or rights;

• Requisites:

a)

Unlawful aggression;b) Reasonable necessity of meansemployed;

c) Lack of sufficient provocation.2) Acts in defense of the person or rights of his

a) Spouse;b) Ascendants;c) Descendants;d) Legitimate/natural/adopted brothers or

sisters;

e) Relatives by affinity in the same degrees;f) Relatives by consanguinity within the 4thcivil degree.

• Provided: that the 1st and 2nd requisites in#1 are present and, in case theprovocation was given by the personattacked, that the one making defense had




2) Person under 9 y/o;3) Person over 9 y/o and under 15 y/o;

• Exception: If acted with discernment.4) Causes injury by mere accident, without fault

or intention, while performing lawful act withdue care;

5) Under compulsion of irresistible force;6) Under impulse of uncontrollable fear of an

equal or greater injury;7) Fails to perform an act required by law when

prevented by some lawful insuperable cause.

9. DOUBLE JEOPARDY

• RULE OF DOUBLE JEOPARDY – When aperson is charged with an offense and the caseis terminated either by acquittal or convictionor in any other manner without the expressconsent of the accused, the latter cannot againbe charged with the same or identical offense.[Rule 117, Sec. 3(i) ]

• Rationale: • Law of reason, justice and conscience.• No person shall be twice put in jeopardy of punishment for the same offense; if an act

is punished by a law and an ordinance,conviction or acquittal under either shallconstitute a bar to another prosecution.[Art. 3, Sec. 21, Consti ]

• It protects not against peril of 2nd punishmentbut against being tried again for the sameoffense.

• SAME OFFENSE TEST – Not only when exactly

the same offense, but also when the 2ndoffense is an attempt to commit the 1st or is afrustration thereof, or when it necessarilyincludes or is necessarily included in the 1st offense charged. [People v. Silva ]

• To constitute double jeopardy, the offensecharged must be the same in law and in fact.

• Requisites of Double Jeopardy:a) 1st jeopardy has attached;b) 1st jeopardy was validly terminated;

c) 2nd jeopardy:(1) For the same offense charged;(2) For an attempt to commit the same or

frustration thereof; or(3) For an offense which necessarily

includes or is necessarily included inthe 1st.

• “Without express consent” refersonly to dismissal or the caseotherwise terminated, and not toconviction or acquittal. [People v.

Labatete (1960) ] • If consent is not express, dismissal

will be regarded as final – i.e. withprejudice to refiling. [Caes v. IAC (1989) ] • Exception: Dismissal has the

effect of acquittal even with theconsent of the accused whenpredicated on (1) insufficiencyof the prosecution’s evidence or(2) denial of the right to aspeedy trial. [Alamario v. CA(2001) ]

TWO CATEGORIES OF DOUBLE JEOPARDY1) Same offense.

• The offenses penalized either by differentsections of the same statute or by differentstatutes.

• Must examine the essential elements of each.

• Test: WON evidence that proves oneoffense would also prove the other. [Peoplev. Ramos (1961) ]

• It is not necessary to have absoluteidentity. [People v. Relova (1987) ]

2) Same act.• Liability is generated both under an

ordinance and a national statute.•

The constitutional protection is availablealthough the prior offense charged underan ordinance be different from the offensecharged under a national statue, providedthat both spring from the same act or setof acts. [People v Relova (1987)]

• Examine the location of such acts in timeand space.

Where 2 different laws (or articles of thesame law) define 2 crimes, prior jeopardy

as to one is not obstacle to a prosecution of the other, although both arise from thesame facts, if each involves someimportant act which is not an essentialelement of the other. [People v. Doriquez (1968) ]




judicata a subsequent case based on thesame offense. The dismissal being null andvoid, the proceeding before the TC may notbe said to have been lawfully terminated.[People v. Grospe (1988) ]

6) Petition for certiorari filed by the prosecutor tocorrect the penalty which should be lower thatthat imposed by the TC – it is favorable to theaccused. [People v. Lee Jr. (1984) ]

7) Mere filing of two informations charging thesame offense – the 1st jeopardy has not set in.[People v. Pineda ] • Note: Dissent in People v. Pineda –It is

sufficient that the accused has pleaded inthe 1st case in order for the 1st jeopardy toset in.

• Qualification: Prosecution may be said tobe forum shopping which will warrant thedismissal of the 2nd case.• The accused should object to any joint

trial since he may forfeit the right toraise double jeopardy in the 2nd case.

8) Filing of 2nd information where a new factsupervened (e.g. the injured party dies frominjuries after conviction).• Where there is no supervening event after

arraignment and conviction:a) If the 1st charge was based on findings

of a physician, and a 2nd informationwas filed charging a more serious crimebased on the findings of anotherphysician. [People v. Buling (1960) ]

b) If the victim died 2 days prior to

arraignment of the accused whopleaded guilty to an information forserious physical injuries thru recklessimprudence – he can no longer becharged with homicide thru recklessimprudence. [People v. City Court of Manila (1983) ]

• In a continuing offense, only one crime iscommitted. Where 2 informations arose fromthe same transaction, the 2nd cannot prosper.

[Mallari v. People (1988) ] • General rule: Prosecution cannot file an

appeal or a MFR after jeopardy had attachedfor the purpose of increasing the imposedpenalty. [US v. Kepner (1904)] • Exception: If the purpose is to decrease

the penalty wrongfully imposed, it is

1) If information is patently defective.[People v. Ramos (1989) ]

2) If offense charged already prescribed.[People v. Ramos (1989) ]

3) If lower court acted with GAD. [Reyesv. Camilon (1990)]

4) If any of the following instances occur:[Paredes v. Sandiganbayan (1996) ] a) To afford protection to

constitutional rights;b) For orderly administration of

justice;c) Prejudicial question which is sub

judice;d) Prosecution under invalid law/

ordinance/regulation;e) Double jeopardy is clearly

apparent;f) No jurisdiction over the offense;g) Persecution rather than

prosecution;h) Charges manifestly false and

motivated by vengeance;i) No prima facie case against

accused; j) To avoid multiplicity of suits.

WHEN AMENDMENT IS AVAILABLE AS A CURE• The court shall order that an amendment be

made if the motion is based on an allegeddefect which can be cured by amendment.[Rule 117, Sec. 4 ]

• Court shall give an opportunity to the

prosecution to correct a defect if based on theground that the facts charged do not constitutean offense. MTQ shall be granted if: [Rule 117,Sec. 4 ] 1) Prosecution fails to make the amendment;2) Complaint/information still suffers from the

same defect despite the amendment.• In a dismissal for the purpose of amendment,

the defendant is not placed in jeopardy and thedismissal is not a bar to the filing of an

amended information. • Though a material amendment is based on the

ground that the facts charged do not constitutean offense, the same could be done becausethe accused has not been arraigned nor can adismissal on such ground put the accused twicein jeopardy




information is filed within the time specifiedin the order or within such further time asthe court may allow for good cause.• Exception to the exception: If he is

also in custody for another charge.• Better approach if the ground was that the

court has no jurisdiction over the subjectmatter: The court should not quash thecomplaint/information; instead, it shouldremand/forward the case to the proper court.

EFFECT• General rule: It will not be a bar to another

prosecution for the same offense. [Rule 117,

Sec. 6]• Exception: If the ground for the quashal is

either: 1) The criminal action or liability has been

extinguished;2) The accused has been previously

convicted, or in jeopardy of beingconvicted, or acquitted of the offensecharged.

REMEDIES OF THE PROSECUTION • General rule: To amend the information to

correct the defects if the TC makes the order,and thereafter prosecute on the basis of theamended information. [Rule 117, Sec. 4 ] • Exception: Prosecution is precluded where

the ground for the quashal would baranother prosecution for the same offense.

• Prosecution may appeal from the order of

quashal to the appellate court.• If the information was quashed because it didnot allege the elements of the offense, but thefacts so alleged constitute another offenseunder a specific statute, the prosecution mayfile a complaint for such specific offense wheredismissal is made prior to arraignment and onMTQ. [People v. Purisima (1978) ]

PROVISIONAL DISMISSAL

• Definition: A case is dismissed withoutprejudice to its being refiled or revived.

• General rule: Cases are provisionallydismissed where there has already beenarraignment and accused consented to aprovisional dismissal

accused; not for the accused only. [People v.Lacson (2003) ]

REQUISITE PROCEDURE [Rule 117, Sec. 8 ]

1) Motion either:a) By prosecution, with express conformity of

accused;• It was respondent who moved to

dismiss for lack of probable cause;hence, dismissal bears his expressconsent. [People v. Lacson (2002) ]

b) By the accused;c) By both.

2) Offended party is notified of the motion.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

• Time-bars will not apply absent any requisite.

FAILURE TO ASSERT GROUNDS [Rule 117,

Sec. 9 ]

WHEN • Assertion of MTQ grounds should be made

before pleading to the complaint/information.

HOW FAILURE TO ASSERT HAPPENS: • By not filing MTQ; • By failing to allege a ground in the MTQ.

motion

EFFECT• General rule: Such failure is deemed a waiver

of any objections.• The waiver includes objection based on

ground that information is duplicitous.• Exception: Objections based on the

following grounds: [Rule 117, Sec. 3 ] 1) Information charges no offense;

• Hence, the entire proceeding is anexercise in futility. [Cruz v. CA

(1991) ]2) LOJ over the offense;

• General rule: Jurisdictional defectscannot be waived.• Exception: Jurisdiction over

person of the defendant iswaivable expressly or impliedly.





IX. DISCOVERY OR OBTAINING

EVIDENCE BEFORE TRIAL

A. BEFORE ARRAIGNMENT

BILL OF PARTICULARS (BOP)

Rule 116, Sec. 9 Rule 12, Sec. 1applies by analogy

cf. [Rule 1, Sec. 3] The accused may move

for a BOP

A party may move for a

definite statement or for aBOP of any matter which isnot averred with sufficientdefiniteness/particularity

Before arraignment Before responding to apleading

If the pleading is a reply,the motion must be filedwithin 10 days from service

To enable him properly to

plead and prepare for trial

To enable him properly to

prepare his responsivepleadingMotion shall specifyalleged defects and thedetails desired

Motion shall point outdefects, paragraphswherein they are containedand details desired

PROCEDURE UPON FILING OF THE MOTION FORBOP• The clerk must immediately bring it to the

attention of the court. [Rule 12, Sec. 2 ] • Court may either: [Rule 12, Sec. 2 ]

1) Deny it;2) Allow parties opportunity to be heard;3) Grant it outright.

a) Compliance:• Within 10 days from notice of

order, unless a different period isfixed by the court.

• May be filed either in a separate or

an amended pleading, with copyserved on the adverse party. [Rule12, Sec. 3 ]

• BOP becomes part of the pleadingfor which it is intended. [Rule 12,Sec. 3 ]

b) Non-compliance or insufficient

answer. Such an answer requires informationas to nature, character, scope and extent of thecause of action. [Rule 12, Sec. 1 ]

d) To amplify/limit a pleading;

e) To define/clarify/particularize/limit the issues inthe case;

f) To expedite the trial;g) To assist the court;h) Generally, to prevent injustice. [Virata v.

Sandiganbayan (1993) ]

THOSE BEYOND THE SCOPE OF A BOP1) To supply material allegations necessary to the

validity of a pleading;

2) To change a cause of action or defense;3) To set forth the theory of cause of action or a

rule of evidence on which he intends to rely;[Tan v. Sandiganbayan (1989) ]

4) To call matters which should form part of theproof of the complaint upon trial. [Salita v.Magtolis (1994) ]

WAIVER• Failure to file motion for BOP despite failure of

the information to allege time of commissionwith sufficient definiteness amounts to a waiverof the defect. [People v. Marquez (2000) ]

PRODUCTION/INSPECTION OF MATERIAL

EVIDENCE IN THE PROSECUTION’S

POSSESSION

• Purpose: To prevent surprise, suppression oralteration. [Rule 116, Sec. 10 ]

• It is not a matter of absolute right on the partof the defense; nor does the privilege operateipso facto upon the filing of a motion.

• The privilege may be exercised only by theaccused since the prosecution has already asits disposal the entire machinery of thegovernment.

PROCEDURE [Rule 116, Sec. 10 ] 1) Motion of the accused showing good cause andwith notice to the parties. [Cruz v. People(1994) ]

2) The court may order the prosecution toproduce and permit the inspection and copyingor photographing of:





PROCEDURE• Upon motion with notice to the other parties.• Motion shall be supported by an affidavit of the

accused and such other evidence as the court

may require.

CONTENTS1) Name and residence of the witness;2) Substance of his testimony;3) That the witness is:

a) Sick/infirm as to afford reasonable groundfor believing that he will not be able toattend the trial;

b) Residing more than 100 km from the place

of trial and has no means to attend;c) Other similar circumstances exist that

would make him unavailable or prevent himfrom attending.

EXAMINATION OF DEFENSE WITNESS[Rule 119, Sec. 13 ]

PROCEDURE

1)

Court order directing:a) That the witness be examined at a specificdate, time and place;

b) That a copy of the order be served on theprosecutor at least 3 days before thescheduled examination.

2) Examination shall be taken:a) Before a judge;b) If not practicable, a member of the Bar in

good standing so designated by the judge

in the order;c) If the order be made by a court of superior jurisdiction, before an inferior court to bedesignated therein.

3) Examination shall proceed notwithstanding theabsence of the prosecutor, provided he wasduly notified of the hearing.

4) Written record of the testimony shall be taken.

DEPOSITION

NATURE [People v. Webb (1999); Black’s Law Dictionary] • Testimony of the witness that is taken upon

oral question or written interrogatories, in opencourt, in pursuance of (1) a commission to taketestimony issued by a court or (2) under a

• General rule: All witnesses must give theirtestimonies at the trial of the case in thepresence of the judge:1) to afford him the opportunity to observe

the demeanor of the witnesses, the partiesand their counsel2) to enable him to propound such questions

as are material and necessary to supporttheir position

3) to test the credibility of said witnesses• Exception: Witnesses may be conditionally

examined.

WHEN ALLOWED • When the witness for the prosecution either:

1) Is too sick or infirm to appear at the trial asdirected by the court;

2) Has to leave the Philippines with no definitedate of returning.

PROCEDURE• No hearing required by the rules before

conditional examination may be allowed• Witness is conditionally examined before the

court where the case is pending:• In the presence of the accused;• In his absence, after reasonable notice to

attend the examination has been served onhim.

• Conducted in the same manner as anexamination at the trial.

• Statement taken may be admitted in behalf of or against the accused.•

The testimony/deposition may be admittedin evidence only when the deponent iseither:1) Dead;2) Incapacitated to testify;3) Cannot be found in the Philippines.

WAIVER• Before the examination, notice to attend must

be served on the accused.• Failure/refusal of the accused to attend afternotice shall be considered a waiver.

EXAMINATION OF CHILD WITNESS• See the Rule on Examination of Child Witness,

adopted by the SC and took effect onDecember 15, 2000.





• Note: Rule 23, Sec. 9 applies only incivil cases: “a witness is not bound toattend xxx outside the province wherehe resides, unless the distance be less

than 50 km from his place of residenceto the place of trial by the usual courseof travel.”

2) He is legally discharged after his testimonyhas been taken;

X. ADMITTING OR DENYING

GUILTY (ARRAIGNMENT)

DEFINITION

• ARRAIGMENT – The stage where the accusedis formally informed of the charge against himby reading before him theinformation/complaint and asking him whetherhe pleads guilty or not guilty. [Rule 116, Sec.1(a) ]

• It is the stage where the issues are joined andwithout which the proceedings cannot advancefurther or, if held, will otherwise be void. [Borjav. Mendoza (1977) ]

PURPOSE: PROCEDURAL DUE PROCESS MANDATE[Borja v. Mendoza (1977) ] 1) To fix the identity of the accused;2) To inform him of the charge and what penal

offense he has to face;

3) To obtain from the accused his answer or hisplea to the information;4) To be convicted only on a showing that guilt is

proved beyond reasonable doubt with fullopportunity to disprove the evidence againsthim.

PROCEDURE

4-FOLD DUTY OF THE TC BEFORE ARRAIGNMENT[Rule 116, Sec. 6 ] 1) Inform the accused that he has the right to

have his own counsel before being arraigned;2) Ask WON he desires the aid of counsel;3) If he so desires to procure services of counsel,

must grant him reasonable time to do so.4) General rule: The court must assign a counsel

de officio to defend him. [Rule 119, Sec. 7 ]• Exception: The accused is allowed to

defend himself in person or has employed acounsel of his choice.• Exception to the exception: The

accused expressly and formallyrenounced such right.

NO ARRAIGNMENT IN ABSENTIA [Nolasco v. Enrile(1985)]





PROCEDURE [Rule 116, Sec. 1 ] 1) Where:

• In open court, by the judge or clerk.• The court where the complaint/information

was filed or assigned for trial.2) How:• By furnishing the accused with a copy of

the complaint/information.• By reading the same in the

language/dialect known to him – This is anew requirement that implements theconstitutional right of an appellant to beinformed of the nature and cause of theaccusation against him [People v. Alicando

(1995)] • By asking him whether he pleads guilty or

not guilty.• The prosecution may call at the trial

witnesses other than those named in thecomplaint/information.

TYPES OF PLEA

• Plea of not guilty entered for the accused whenhe either: [Rule 116, Sec. 1(c) ] 1) Refuses to plead;2) Makes a conditional plea of guilty.

1. ADMISSION – “GUILTY”

PLEA OF GUILTY TO A NON-CAPITAL OFFENSE• The court may receive evidence from the

parties to determine the penalty to be imposed.

[Rule 116, Sec. 4 ] • It is sufficient to sustain a conviction when

formally and knowingly and voluntarily enteredinto. [People v. Acosta (1956) ]

• General rule: It is a judicial confession of guiltso there is no need for additional evidence.[People v. Flores (2000) ] • Exception:

1) If the information did not allege all theelements of the crime charged. [People

v. Digero (1966) ] 2) If the information charges a capital

offense. [Rule 116, Sec. 5] 3) If the plea of guilt was conditional.

[Rule 116, Sec. 1(c) ] • Accused must be acquitted when evidence

allowed to be presented to determine penalty

whether the accused was assisted bycounsel during CI and PI; ask questionson age, educational attainment andsocio-economic status; and ask the

defense counsel WON he conferred withthe accused. [People v. Nadera (2000)] 2) To require prosecution to prove guilt and

the precise degree of culpability.3) To inquire whether accused wishes to

present evidence on his behalf and allowhim to do so if he desires.• Purpose: To preclude reasonable

doubt in the mind of the TC (or the SCon review) as to any misunderstanding

of the charge, and to ascertainattendant circumstances which justify agreater or lesser degree of severity inthe imposition of the prescribedpenalty.

IMPROVIDENT PLEA OF GUILTY TO A CAPITALOFFENSE• General rule: Case is remanded to the lower

court for further proceedings.• Exception: If the accused appears guilty

beyond reasonable doubt from evidenceadduced by the prosecution and defense.

• It is a settled rule that where TC receivesevidence to determine whether the accused haserred in admitting his guilt, the manner inwhich the plea is made loses legal significancesince the conviction is based on the evidenceproving the commission by the accused of theoffense charged. [People v. Alborida (2001) ]

2. DENIAL – “NOT GUILTY”

3. QUALIFIED ADMISSION – “GUILTYBUT…”

a. PLEA OF GUILTY TO A LESSEROFFENSE NECESSARILY

INCLUDED IN THE OFFENSECHARGED

PLEA BARGAINING [Rule 116, Sec. 2 ] • Definition: Process where the accused, the

offended party and the prosecution work out a





bargaining, determination of civil liability andother matters requiring his presence.

• If he fails to appear notwithstanding notice, thecourt may, with conformity of the prosecutor,

allow the accused to plead guilty to a lesseroffense which is necessarily included in theoffense charged.

WHEN PLEA IS MADE AFTER THE PROSECUTIONHAS RESTED ITS CASE • The judge cannot on his own grant the change.

He may grant only with the approval of theprosecutor and the offended party and onlywhen the prosecution does not have sufficient

evidence to establish guilt.

b. PLEA OF GUILT, BUT ACCUSED

PRESENTS EXCULPATORY

EVIDENCE

• The plea shall be deemed withdrawn and a pleaof not guilty shall be entered for him. [Rule116, Sec. 1(d) ]

IMPROVIDENT PLEA

• Definition: Plea without proper information asto all the circumstances affecting it; basedupon a mistaken assumption or misleadinginformation/advice. [Black’s Law Dictionary ]

• It should not be accepted. If accepted, it shouldnot be held to be sufficient to sustain a

conviction. [People v. De Ocampo Gonzaga(1984) ]

WHEN WITHDRAWAL OF PLEA IS ALLOWED [Rule116, Sec. 2 and 5 ] • Substitution by plea of not guilty may be

permitted anytime before the judgment of conviction becomes final.

• The substitution is not a matter of a strict right.It is discretion justified by some compelling

reason such has error, fraud, illegality ormanifest injustice. [People v. Mendoza (1982) ]

REASONS TO GRANT CHANGE• The accused is ignorant of the law and has had

no education and pleaded guilty without fullknowledge of its consequences.

1) Unsound mental condition of the accused at thetime of the arraignment.• The court shall order his mental

examination and, if necessary, his

confinement.• Degree of unsoundness of mind required:

The accused can neither comprehend thefull import of the charge nor can he give anintelligent plea.

• The need for suspension may bedetermined from physical and outwardmanifestations at the time of arraignmentindicative of a mental disorder which thecourt had observed and defense counsel

had called attention to. [People v. Alcalde(2002) ]

• An insane person within the meaning of Art. 12, RPC must be deprived completelyof reason or discernment and freedom of the will at the time of committing thecrime. Mere abnormality of mental facultiesdoes not exclude imputability. [People v.Catanyag (1933) ]

• 3 major criteria to determine insanity:[People v. Dungo (1991) ] a) DELUSION TEST – Insanity is

manifested by a false belief for whichthere is no reasonable basis and whichwould be incredible under the givencircumstances.

b) IRRESISTIBLE IMPULSE TEST – Theaccused has lost the power to choosebetween right and wrong, to avoid theact in question, his free agency beingat that time destroyed.

c) RIGHT AND WRONG TEST – Aperverted condition of mental andmortal faculties as to render himincapable of distinguishing betweenright and wrong.

• Tests to determine insanity: [People v.Pascual (1993) ] a) TEST OF COGNITION – Complete

deprivation of intelligence incommitting the criminal act. It is thetest adopted in this jurisdiction.

b) TEST OF VOLITION – A totaldeprivation of free will.

2) Prejudicial question exists.• Prescinds from the idea that it would be





XI. EXPEDITING TRIAL

PRE-TRIAL CONFERENCECOVERAGE [Rule 118, Sec. 1 ]• The court shall order pre-trial in all criminal

cases cognizable by the Sandiganbayan, RTCand MTC/MTCC/MCTC/MeTC.

PERIOD [Rule 118, Sec. 1 ]• General rule: After arraignment and within 30

days from the time the court acquires

jurisdiction over the person of the accused.• Exception: If a shorter period is provided

by special laws or SC circulars.

PURPOSES [Rule 118, Sec. 1 ]1) Plea bargaining;

• Definition: Process whereby the accusedand the prosecutor work out a mutuallysatisfactory disposition of the case subjectto court approval.

• Procedure: If the prosecution and theaccused agree to engage in plea bargainingupon being asked by the judge, thefollowing are proposed:a) to make or not to oppose favorable

recommendations as to the sentence if the accused enters a plea of guilty tothe offense charged;

b) the plea of guilty to a lesser offense; if the lesser offense is necessarilyincluded in the offense charged, thereis no need to amend the information,however, if it is not necessarilyincluded, the information should bedismissed and a new one filed; [Rule116, Sec. 2, ROC]

c) the presence of mitigating and absenceof aggravating circumstances or if theimposable penalty be probationable;and

d) the dismissal of other charges againstthe accused if he enters a plea of guiltyof the charge under consideration.

• Where evidence in the possession of thefiscal is weak to support the charge, it ispermissible for him to accept an offer of an

• Proffer of exhibits is not allowed. It oughtto be done at the time a party closes thepresentation of evidence.

4) Waiver of objections to admissibility of

evidence;5) Modification of the order of trial if the accusedadmits the charge but interposes a lawfuldefense;

6) Other matters as will promote a fair andexpeditious trial of the criminal and civilaspects of the case. Generally, to clear thedesks for trial.

PRE-TRIAL AGREEMENTS ANDSUBMISSIONS [Rule 118, Sec. 2 ]

• It must be reduced into writing and signed bythe accused and counsel.• Otherwise, it cannot be used against the

accused (i.e. inadmissible in evidence).• Purpose: [People v. Uy (2000) ]

1) To safeguard the rights of the accusedagainst improvident or unauthorized

agreements or admissions which hiscounsel may have entered into withouthis knowledge.

2) To eliminate any doubt on theconformity of the accused to the factsagreed upon.

• Constitutional right to present evidence iswaived expressly.

• That the lawyer of the accused confirmedthe Stipulation of Facts does not cure the

defect because both the accused and hiscounsel are required to sign. [Fule v. CA(1998) ]

• General rule: Court approval is required.• Exception: Agreements not covering

matters referred to in Rule 118, Sec. 1.

Pre-trial stipulations Judicial admissions

Entered into by parties Made by either partyDuring pre-trial

conference

In the course of the trial

Facts agreed on prior tothe actual presentation of evidence or during trialproperNeed not be specially setout in a judicial order tobi d th ti d itt d




EFFECT1) Binds the parties.

• The accused must move to correct anymistake or modify the pre-trial order;

otherwise, will be deemed to have waivedand be barred from questioning.2) Limits the trial to matters not disposed of.3) Generally, controls the course of action during

trial.• Exception: If modified by the court to

prevent manifest injustice.

NON-APPEARANCE [Rule 118, Sec. 3 ]

• If counsel for the accused or the prosecutor:1) Does not appear at the pre-trial

conference; and2) Does not offer an acceptable excuse,

• The accused is not included because of the fearthat his constitutional right to remain silentmay be violated.

• Effect: The court may impose propersanctions/penalties: reprimand, fine or

imprisonment.• Purpose: To enforce the mandatoryrequirement of pre-trial in criminal cases. [Rule118, Sec. 1 ]

XII. PRESENTING EVIDENCE

AGAINST AND FOR ACCUSED

RIGHTS OF THE ACCUSED

• Note: See Rule 115 for the rights of theaccused.

SUSPENSION OF ARRAIGNMENT [Rule 116, Sec.11 ] • Upon motion by the proper party.• Grounds:

1) Accused appears to be suffering from anunsound mental condition which effectivelyrenders him unable to fully understand thecharge against him and to pleadintelligently thereto.• The court shall order his mental

examination and, if necessary, hisconfinement.

2) Prejudicial question.

3)

Pending petition for review of the resolutionof the prosecutor either at the DOJ or theOffice of the President.• Provided: Period of suspension shall not

exceed 60 days counted from the filingof the petition with the reviewing office.

FACTORS FOR GRANTING CONTINUANCE UNDERRULE 119, SEC. 3[F] [Rule 119, Sec. 4 ] 1) WON the failure to grant would likely make a

continuation:a) Impossible; orb) Result in a miscarriage of justice.

2) WON the case taken as a whole is novel,unusual and complex due to:a) The number of accused;b) The nature of the prosecution; orc) It is unreasonable to expect adequate

preparation within the periods of timeestablished.

3) There should be no continuance because of:a) Congestion of the court’s calendar;b) Lack of diligent preparation;c) Failure to obtain available witnesses on the

part of the prosecutor. [Sec. 10, Circular No. 38-98 ]




entered. [Rule 119, Sec. 1; Sec. 6, Circular No.38-98 ]

• Trial shall commence within 30 days fromreceipt of pre-trial order. [Rule 119, Sec. 1;

Sec. 6, Circular No. 38-98 ] • For the 1st 12-calendar-month period following

the effectivity of SC Circular No. 38-98 onSeptember 15, 1998, the time limit shall be180 days. [Sec. 7, Circular No. 38-98 ] • For the 2nd 12-mo nth period, 120 days.• For the 3rd 12-month period, 80 days.

• The law did not give the time limit after80 days – arraignment can be thus bemade any time after 80 days.

• See Rules 21, 23-25 and 27-29 vis-à-vis Rule1, Sec. 3.

GENERAL PROCEDURE FOR TRIAL

1. NOTICE AND COMMENCEMENT

TRIAL• Definition: Examination before a competent

tribunal of the facts put in issue in a case, forthe purpose of determining such issue.• As used in Constitution, it includes hearing,

reception of evidence and other processes (i.e.decision in the first instance, appeal, and finaland executory decision in last instance).

• In terms of procedure, it is limited to theproceedings in the TC after pleadings arefinished and the case is ready, until rendition of

judgment.

TIME TO PREPARE FOR TRIAL• The accused shall have at least 15 days, after a

plea of not guilty is entered[Rule 119, Sec. 1 ] • Purpose: To insure speedy trial.• notice to the parties required. The clerk

notifies parties of the date of arraignment,which should be 30 days from the date thecourt acquires jurisdiction over the personof the accused. Within the same 30 dayperiod, the court shall set the pre-trialconference.

• When the accused pleads not guilty onarraignment, he has 15 days to prepare fortrial (including pre-trial).

• Mandatory pre-trial is set, then the judgei t i l d

e) Orders of inhibition, or proceedingsrelating to change of venue of cases ortransfer from other courts.• Art. 8, Sec. 5(4), Consti expressly

empowers the SC to order a changeof venue.f) Existence of a prejudicial question.g) Proceeding concerning the accused is

actually under advisement – delay notto exceed 30 days.

2) Absence or unavailability of an essentialwitness.• “Absent” means that his whereabouts

are unknown or cannot be determined

by due diligence.• “Unavailable” means that his

whereabouts are known but presencefor trial cannot be obtained by duediligence.

3) Mental incompetence or physical inability tostand trial.

4) If information is dismissed upon motion of the prosecution and thereafter a charge isfiled against the accused for the same

offense, the period of delay from the datethe charge was dismissed to the date thetime limitation would commence to run asto the subsequent charge had there beenno previous charge.

5) Reasonable period of delay when accused is joined for trial with a co-accused:a) Over whom the court has not acquired

jurisdiction;b) As to whom the time for trial has not

run and no motion for separate trialhas been granted.

6) Continuance granted on the basis of findings set forth in the order that the endsof justice served by taking such actionoutweigh the best interest of the public andthe accused in a speedy trial. [Sec. 9,Circular 38-98 ]

• By any court motu proprio, or on

motion of either the accused or hiscounsel, or the prosecution. Themotion should be based on any of the grounds specified in Rule 199,Sec. 3-4.

EFFECT OF DELAY [Rule 119, Sec. 9 ]




further proceedings, andwhen they appear in anorder or decree, it showsthat the judicial act is notintended to be res

judicata of the merits

matter litigated

Terminates the casereserving, however, tothe plaintiff the right tofile a new complaintwhich, if filed, is entirelynew and different fromthe case which wasdismissed

WHEN INFORMATION IS NOT DISMISSED• General rule: If accused not brought to trialwithin the prescribed period, he may move todismiss the information.• Exception: If prosecution shows that delay

is by reason of any of the grounds specifiedin Rule 119, Sec. 3. Dismissal pursuant toSection 3 is subject to the rule on double

jeopardy.

CONSTITUTINAL PROVISION ON SPEEDY TRIALPREVAILS IN CASE OF CONFLICT [Rule 119, Sec.10 ]

• The following shall not be interpreted as a barto any charge of denial of the right to speedytrial guaranteed by Art. 3, Sec. 14(2), Consti:1) Any provision of law on speedy trial;2) Any rule implementing the same.

2. CONTINUOUS TRIAL RULE

• General rule: Trial, once commenced, shallcontinue from day to day as far as practicableuntil terminated. [Rule 119, Sec. 2 ] • Exception: It may be postponed for a

reasonable period of time for good cause.• Granting or refusal of an application for

continuance or postponement lies withinthe sound discretion of the court. Thisdiscretion will not be interfered with bymandamus or by appeal, unless GAD isshown.

• It should not unduly force him to trial, nor jeopardize the rights and interest of the public.

• The court shall set the case for continuous trial

GUIDELINES IN THE CONDUCT OF MANDATORYCONTINUOUS TRIAL [SC Circular 1-89] 1) Not more than 3 cases scheduled for daily trial.2) Presiding judge shall make arrangements so

that a relief prosecutor and CLAO attorney arealways available in case the regular prosecutorand CLAO attorney are absent.

3) Contingency measures must be taken for anyunexpected absence of the stenographer andother support staff.

4) Strict policy on postponements shall beobserved.

5) The judge shall conduct the trial with utmostdispatch, with judicious exercise of the court’s

power to control the trial to avoid delay.6) Trial shall be terminated within 180 days frominitial hearing and appropriate disciplinarysanctions may be imposed on the judge andthe lawyers for failure to comply due to causesattributable to them.

7) Each party is bound to complete thepresentation of evidence within the trial datesassigned. After the lapse of said dates, party isdeemed to have completed his evidence

presentation.• However, upon verified motion based on

serious reasons, the judge may allowadditional trial dates in the afternoon,provided that said extension will not gobeyond the time limit computed from the1st trial date.

8) Copies of all judgments are furnished the OCAwithin 5 days from rendition.

TRIAL IN ABSENTIA• Requisites:

1) Accused has been arraigned;2) He was duly notified of trial;3) His failure to appear is unjustified.

• General rule: The right to be present at one’strial may be waived.• Exception: At certain stages: [Lavides v.

CA (2000) ]

1)

Arraignment and plea2) Promulgation of sentence3) During trial whenever necessary for ID

purposes• Exception to the exception: If the

accused unqualifiedly admits in opencourt after arraignment that he is the




• Trial procedure as outlined ordinarily followedto ensure orderly conduct of litigations toprotect substantive rights.• Deviation from the regular course should

always take into consideration the rights of all parties.• To safeguard the right of the accused to be

presumed innocent until the contrary is proved.• Deviation by the judge which denies the

accused of his day in court or theprosecution of due process renders the

judgment invalid. [Alonte v. Savellano(1998)]

• The form of trial is a matter of public order and

interest. [Alejandro v. Pepito (1980)]

WHEN COURT MAY MODIFY THE ORDER• If the accused admits the act/omission charged

in the complaint/information but interposes alawful defense, the order of trial may bemodified. [Rule 119, Sec. 11(e) ]

• The court may allow the accused to present hisdefense first, and after give the prosecution theopportunity to present its rebuttal evidence.

• Strict observance depends upon thecircumstances obtaining in each case at thediscretion of the trial judge.• The primary consideration is WON the TC

still has jurisdiction over the case, as whensuch evidence is allowed before the TCrenders its decision. [People v. Januario(1997) ]

• If the accused objects to reverse procedure,court should follow the order of trial asprovided for in ROC.

COLD NEUTRALITY OF THE IMPARTIAL JUDGE• He must not only be impartial, but must also

appear to be so.• He must remain silent or passive.• Although he may properly intervene in the

presentation of evidence to preventunnecessary waste of time. [Cosep v. People(1998) ]

• General rule: It is within the court’sprerogative and duty to ask clarificatoryquestions.• Exception: Questions to witnesses which

will have the effect of building the case forone of the parties amounts to undue

• Evidence presented by one party may beutilized by the adverse party as evidence forhis own cause of action.

WHEN PROSECUTION IS DENIED DUE PROCESS• Capricious dismissal of information is void.

• It will not constitute proper basis for theclaim of double jeopardy. [Saldana v. CA(1990) ]

• It deprives the State of a fair opportunity toprosecute and convict.

b. DEMURRER TO EVIDENCE

• Definition: Objection by one of the parties tothe effect that the evidence which hisadversary produced is insufficient in point of law, whether true or not, to make out a case orsustain the issue. [Gutib v. CA (1999) ]

• There is no material difference between theMotion to Quit of the accused before the TCand the demurrer to evidence• The only difference: If the MTD is ordered it

is tantamount to an acquittal, but the orderof denial of the demurer to evidence is notreviewable by appeal or certiorari before

judgment.• Purpose:

• It is adopted to prevent the filing of demurrer based on frivolous and flimsygrounds.

• The new rule recognizes criminal cases inwhich presentation of defense evidence will

only entail a waste of time.• How initiated: [Rule 119, Sec. 23 ] 1) Court motu propio, after giving the

prosecution the opportunity to be heard;2) Upon demurrer to evidence filed by the

accused:a) With leave of court;b) Without leave of court.

MOTION FOR LEAVE TO FILE DEMURRER [Rule 119,

Sec. 23 ] • It must specifically state its grounds.• It must be filed within a non-extendible period

of 5 days after the prosecution rests.Prosecution may then oppose within a non-extendible period of 5 days from receipt.

• If leave of court granted, demurrer must be




EFFECT OF DENIAL OF MOTION FOR LEAVE TO FILEDEMURRER• Order denying the motion for leave or order

denying the demurrer itself, is not reviewable

by appeal or by certiorari before judgment. [Rule 119, Sec. 23] • It is interlocutory, but it may be assigned as

error and reviewed in the appeal that may betaken from the decision on the merits [Cruz v.People (1999) ]

RIGHT OF THE ACCUSED TO PRESENT EVIDENCEAFTER DEMURRER IS DENIED [Rule 119, Sec. 23 ]

Filed w/ leave of court Filed w/outleave of court

May adduce evidence inhis defense

Waives the right to presentevidence

Purpose of obtainingleave of court: Todetermine WON demurrerwas filed merely to stallthe proceedings

Submits the case for judgment on the basis of the evidence for theprosecution

Implied leave of court isno longer sufficient and

prevents accused frompresenting evidence [e.g.accused files motion withreservation to presentevidence in case motion isdenied]

If there are 2 or moreaccused and only one

presents a demurrerwithout leave of court:• General rule: The

court may deferresolution untildecision is renderedon the other accused• Exception: If it

can be shownfrom the decisionthat the resolution

on the demurrerwas rendered notonly on the basisof theprosecution’sevidence but alsoon the evidenceadduced by hisco-accused

c. DEFENSE EVIDENCE

• The accused may present evidence to prove:[Rule 119, Sec. 11(b) ] 1) His defense;2) Damages, if any, arising from the issuance

WHEN PUBLICITY IS PREJUDICIAL TO THE RIGHTSOF THE ACCUSED [Larranaga v. CA (1998) ] • There must be allegation and proof that the

judge has been unduly influenced, not simply

that he might be.• The right to a fair trial is not incompatible with

a free press.• The press guards against the miscarriage of

justice by subjecting the process to extensivepublic scrutiny and criticism.

d. REBUTTAL EVIDENCE

• General rule: Prosecution and defense may, inthat order, present rebuttal and sur-rebuttalevidence. [Rule 119, Sec. 11(c) ] • Exception: The court, in furtherance of

justice, may permit them to presentadditional evidence bearing upon the mainissue.

REBUTTAL EVIDENCE• Definition: Any evidence to explain, repeal,

counteract or disprove the adversary’s proof.• Receivable only where new matters have

been developed by the evidence of one of the parties.

• Generally limited to a reply on new points.• It is permissible as long as the accused was not

taken by surprise and was not prevented fromintroducing evidence in sur-rebuttal.

SUR-REBUTTAL EVIDENCE•

Definition: Proof to meet or refute those newmatters taken up by the adverse party duringthe rebuttal stage, or to clarify matters thatwere beclouded or made ambiguous.

e. SUBMISSION OF CASE

• General rule: case deemed submitted fordecision upon admission of evidence of theparties. [Rule 119, Sec. 11(d) ] • Exception: If the court directs them to

argue orally or to submit writtenmemoranda.

• Mere filing of motion to reopen must notautomatically vacate a joint agreement andorder submitting the case for decision. [Cruz v.People (1999)]




• Exception: If the court orders separatetrial for one or more accused, upon motionof the prosecutor or any accused.

• The grant of a separate trial rests in the

sound discretion of the court and is not amatter of right to the accused. [Talino v.Sandiganbayan (1987) ]

• Purpose: To preclude wasteful expenditure of judicial resources. It is also in consonance withthe right of the accused to a speedy trial.

• Accused are jointly charged if the charges arefounded on the same facts or form part of aseries of offenses of the same character.• E.g. Adulteress or her lover may move for

separate trials. Although it is required thatthe husband must include both in thecomplaint, the statute does not so requirethat they be tried together.

• General rule: Motion for separate trial mustbe raised before trial has commenced, beforethe prosecution commences presenting itsevidence. [Talino v. Sandiganbayan (1987) ] • Exception:

• In the interests of justice.• If there appears to be an antagonism in

the respective defenses of the accused.[Talino v. Sandiganbayan (1987) ] • Evidence in chief of the prosecution

shall remain on record against allthe accused, with right of rebuttalon the part of the fiscal in theseparate trial of the other accused.

• General rule: If separate trial is granted, it isthe duty of the prosecutor to repeat andproduce all its evidence at each and every trial.• Exception:

1) It had been agreed by the parties thatit would not have to be repeated at the2nd/etc. trial;

2) All the accused were present during thepresentation of evidence by theprosecution;

3) Their attorneys had the opportunity tocross-examine the witnesses.

• It is permissible to render only one decision onall cases despite their separate trials.

2. CONSOLIDATION OF TRIALS OF

RELATED OFFENSES

• It is reversible error where the courtconvicted an accused for 2 offenses in oneof two cases in the absence of aconsolidation and on the basis of evidence

adduced in one case, because the accusedis entitled to a trial in each case. [US v.Tanjuatco (1993) ]

3. DISCHARGE OF AN ACCUSED TO BEA STATE WITNESS

DISCHARGE OF CO-ACCUSED• General rule: It is the duty of the prosecutor

to include all the accused in thecomplaint/information.• Exception: Prosecutor may ask the court

to discharge one of them after complyingwith the conditions prescribed by law. [Rule119, Sec. 17 ]

• This applies only when the information hasalready been filed in court.

REQUISITES [Rule 119, Sec. 17 ]

1) Two or more persons are jointly charged withthe commission of any offense.2) Petition for discharge is filed before the defense

has offered its evidence. [People v. Aniňon(1988) ]

3) Hearing in support of the discharge.• Prosecution to present evidence.• Sworn statement of each proposed state

witness.4) The court is satisfied of the ff:

a) Absolute necessity for the testimony;• He alone has the knowledge of the

crime, and not when his testimonywould simply corroborate or strengthenthe evidence in the hands of theprosecution. [Flores v. Sandiganbayan(1983) ]

• E.g. When there is a conspiracy and thecrime is committed clandestinely, thedischarge of a conspirator is necessary

to testify against the other conspirator.[Chua v. CA (1996) ]

b) There is no other direct evidence availablefor the proper prosecution of the offense,except the testimony;

c) The testimony can be substantiallycorroborated in its material points;




• Evidence adduced in support of thedischarge shall automatically form partof the trial.

• Question against the order to discharge

must be raised in the TC; it cannot beraised on appeal.b) Deny the motion for discharge;

• The sworn statement of the accusedshall be inadmissible in evidence.

CO-ACCUSED WHO CANNOT BE DISCHARGEDUNDER RULE 119, SEC. 17• If he was tried separately and has already

testified as witness without having been

previously discharged.

WITNESS IMMUNITY FROM SUIT• Justification for the grant of immunity: The

need of the State to obtain the conviction of the more guilty criminals who will probablyelude the long arm of the law.

Transactionalimmunity

Use and derivative useimmunity

Can no longer beprosecuted for anyoffense arising out of theact

Only assured thattestimony and evidencewill not be used againsthim in a subsequentprosecution

OTHER MODES OF DISCHARGE OF THE ACCUSEDTO BE A STATE WITNESS

1) Witness Protection Program. [RA 6981] • RA 6981 vesting in the DOJ the power to

determine who can qualify as a witness andwho shall be granted immunity fromprosecution is not unconstitutional. Thepower to choose who shall be a statewitness is not an inherent judicialprerogative. Under Rule 119, the court isgiven the power to discharge a statewitness only because it has already

acquired jurisdiction over the crime and theaccused. [Webb v. De Leon (1995) ] • Admission into the Program [Sec. 3, RA

6981] — Any person who has witnessed orhas knowledge/information on thecommission of a crime and has testified oris testifying or about to testify before any

themselves of the protection providedfor under this Act. If the DOJ, afterexamination of said applicant and otherrelevant facts, is convinced that the

requirements of this Act and its IRRhave been complied with, it shall admitsaid applicant to the Program, requiresaid witness to execute a swornstatement detailing hisknowledge/information on thecommission of the crime, andthereafter issue the proper certification.

• Witness in legislative investigations [Sec. 4, RA6981 ] — In case of legislative investigations in

aid of legislation, a witness, with his expressconsent, may be admitted into the Programupon the recommendation of the legislativecommittee where his testimony is needed whenin its judgment there is pressing necessitytherefor: Provided, That such recommendationis approved by the President of the Senate orthe Speaker of the House of Representatives,as the case may be.

• State witness [Sec. 10, RA 6981 ] — Any person

who has participated in the commission of acrime and desires to be a witness for the State,can apply and, if qualified as determined in thisAct and by the DOJ, shall be admitted into theProgram whenever the following circumstancesare present:a) The offense in which his testimony will be

used is a grave felony as defined under theRPC or its equivalent under special laws;

b) There is absolute necessity for histestimony;

c) There is no other direct evidence availablefor the proper prosecution of the offensecommitted;

d) His testimony can be substantiallycorroborated on its material points;

e) He does not appear to be most guilty; andf) He has not at any time been convicted of

any crime involving moral turpitude.• An accused discharged from an information

or criminal complaint by the court in orderthat he may be a State Witness pursuant toRule 119, Sec. 9-10 may upon his petitionbe admitted to the Program if he complieswith the other requirements of this Act.Nothing in this Act shall prevent the




for the prosecution of the offense/s for whichhe has been admitted into the Program on theground of the constitutional right against self-incrimination, but he shall enjoy immunity from

criminal prosecution and cannot be subjectedto any penalty or forfeiture for anytransaction/matter/thing concerning hiscompelled testimony orbooks/documents/records/writings produced.

In case of refusal of said Witness totestify or give evidence or producebooks/documents/records/writings, on theground of the right against self-incrimination,and the state prosecutor or investigator

believes that such evidence is absolutelynecessary for a successful prosecution of theoffense/s charged or under investigation, he,with the prior approval of the DOJ, shall file apetition with the appropriate court for theissuance of an order requiring said Witness totestify, give evidence or produce thebooks/documents/records/writings described,and the court shall issue the proper order.

The court, upon motion of the state

prosecutor or investigator, shall order thearrest and detention of the Witness in any jailcontiguous to the place of trial/investigationuntil such time that the Witness is willing togive such testimony or produce suchdocumentary evidence.

RA 6981 Rule 119, Sec. 17

Limited only to gravefelony under the RPC or

its equivalent under aspecial law

Applies to all felonies

Absolute necessity fortestimony

It would suffice that thereis no other directevidence for the properprosecution of the offensecommitted except thetestimony of the accused

Witness is automaticallyentitled to certain rightsand benefits

Witness must still applyfor the employment of said rights

Any member of thefamily of the personapplying for admissionwithin the 2nd civildegree of consanguinityor affinity is subjected tothreat to his life or injury,

The same is not required

him or subject him to prosecution:Provided, That no person shall beprosecuted criminally for or on account of any matter concerning which he is

compelled, after having claimed theprivilege against self-incrimination, totestify and produce evidence, documentaryor otherwise.

Under such terms and conditions asit may determine taking into account thepertinent ROC provisions, the Ombudsmanmay grant immunity from criminalprosecution to any person whose

possession and production of documents/evidence may be necessary todetermine the truth in anyhearing/inquiry/proceeding beingconducted by the Ombudsman or under itsauthority, in the performance or in thefurtherance of its constitutional functionsand statutory objectives. The immunitygranted under this and the immediatelypreceding paragraph shall not except thewitness from criminal prosecution forperjury or false testimony nor shall he beexempt from demotion or removal fromoffice.

Any refusal to appear or testifypursuant to the aforecited provisions shallbe subject to punishment for promptcontempt and removal of the immunity

from criminal prosecution.

3) Immunity under PD 749.• It grants immunity from prosecution to

givers of bribes and other gifts and to theiraccomplices in bribing public officials.

4) Immunity under Sec. 5, EO 14-A.• PCGG is authorized to grant immunity to

any person who provides information ortestifies in any investigation conducted by

it to establish the unlawful manner in whichthe property/ies were acquired oraccumulated where suchinformation/testimony is necessary toascertain/prove guilt or civil liability.

• The immunity granted shall be continued to




against double jeopardy. [People v. Verceles(2002) ]

• Subsequent amendment of the informationdoes not affect discharge. [People v. Taruc

(1962) ]

4. RE-OPENING OF TRIAL

• At any time before finality of the judgment of conviction, the judge may reopen theproceedings motu proprio or upon motion –with hearing in either case. [Rule119, Sec. 24 ]• The right of the prosecutor does not extend

to the filing of the MNT and also in the

modification of the judgment - only theaccused is allowed to do so.

• Ground: To avoid a miscarriage of justice.• An order re-opening the case to give the

prosecution opportunity to submitadditional evidence without giving theaccused the opportunity to rebut theevidence, is invalid. [Santiago v.Sandiganbayan (1999) ]

• Proceedings shall be terminated within 30 daysfrom the order granting it.

OTHER PROCEDURAL RULES

1. WHEN PROPER OFFENSE IS NOTCHARGED

WHEN APPLICABLE [Rule 119, Sec. 19 ] • If there is mistake in charging the proper

offense and the accused cannot be convicted of the offense charged or any other offensenecessarily included therein, and the mistakebecomes manifest at any time before

judgment.

PROCEDURE [Rule 119, Sec. 19 ] 1) The accused shall not be discharged if there

appears good cause to detain him.

2)

The court shall:a) Commit the accused to answer for theproper offense; and

b) Dismiss the original case upon the filing of the proper information.

Rationale: The accused has a right to be

DUTY OF PAO KNOWING THAT THE ACCUSED HE ISASSIGNED TO DEFEND IS DETAINED [Rule 119,Sec. 7; Sec. 12, Circular No. 38-98 ] • Reasons for preventive detention of the

accused:1) Charge of a bailable offense but he has nomeans to post bail;

2) Charged of a non-bailable offense;3) Service of a term of imprisonment in any

penal institution.• PAO’s duty to perform the following:

1) Promptly undertake:a) To obtain the presence of the prisoner

for trial;

b) To cause a notice to be served on theperson having custody of the prisoner,requiring such person to so advise theprisoner of his right to demand trial.• Upon receipt, the custodian shall

promptly advise the prisoner of thecharge and of his right to demandtrial.

• If at anytime the prisoner informshis custodian that he demands such

trial, the latter shall cause notice tobe sent promptly to the PAO.

2) Upon receipt of notice from the custodian,the PAO shall promptly seek to obtain thepresence of the prisoner for trial.

3) When the custodian receives from the PAOa properly supported request, the prisonershall be made available accordingly.

SANCTIONS ON COUNSELS [Rule 119, Sec. 8 ] • Sanctions may be imposed on the private

counsel for the accused, the PAO or theprosecutor

• Kinds of sanctions:1) Criminal;2) Administrative;3) Contempt of court.

• Punishable acts/omissions:1) Knowingly allowing the case to be set for

trial without disclosing that a necessarywitness would be unavailable.

2) Filing a motion solely for delay which heknows is totally frivolous and without merit.

3) Making a statement for the purpose of obtaining continuance which he knows tobe false and which is material to the




3. APPOINTMENT OF ACTING

PROSECUTOR

• An acting prosecutor is appointed when the

prosecutor and his assistant/deputy aredisqualified to act. [Rule 119, Sec. 20 ]

• Grounds for disqualification of a prosecutor:[Rule 137, Sec. 1 ] 1) He, or his wife/child, is pecuniarily

interested as heir/legatee/creditor orotherwise;

2) He is related to either party within the 6thdegree of consanguinity or to counselwithin the 4th degree, computed accordingto the rules of civil law.

3) He has beenexecutor/administrator/guardian/ trustee orcounsel;

4) He has presided in any inferior court whenhis ruling/decision is the subject of review,without the written consent of all theparties interest, signed by them andentered upon record.

5)

For any other reason. [Rule 119, Sec. 20 ] PROCEDURE [Rule 119, Sec. 20 ] 1) The judge or the prosecutor shall communicate

with the DOJ Secretary.2) The DOJ Secretary appoints an acting

prosecutor.

4. EXCLUSION OF THE PUBLIC FROM

THE COURTROOM

• General rule: The accused has the right to apublic trial.• Exception: If the judge excludes public

from the trial. [Rule 119, Sec. 21 ]

Motu proprio On motion of the

accused

Evidence to be producedduring the trial is

offensive to decency orpublic morals

Court may also excludethe public from the trial,

except court personneland counsels of parties

• A party to the action cannot be excludedthough he himself is a witness.

• The public may be excluded when the offendedpa t in cases in ol ing p i ate c imes testifies

XIII. DECIDING GUILT OR NON-

GUILT (JUDGMENT)

• JUDGMENT – The adjudication by the courtthat the accused is guilty or not guilty of theoffense charged and the imposition on him of the proper penalty and civil liability, if any.[Rule 120, Sec. 1 ]• Being aware of the provisions of the law,

the judge acted with GADALEJ in refusingto impose a penalty to which he disagrees.[People v. Veneracion (1995) ]

Judgment Opinion Ratio

decidendi

Pronounces thedisposition of the case

Informalexpression of theviews of the court

Provides for thebasic reason forthe judgment

Filed with clerkof court

Cannot prevailagainst its finalorder or decisionForms no part of the judgment,

though they maybe combined inone instrument

ELEMENTS OF A JUDGMENT [Gonzalo Puyat and Sons v. Auditor General (1969) ]1) Controversy presented;2) Authority to decide;3) Decision.

FORM OF A JUDGMENT [Rule 120, Sec. 1 ]1) Written in official language.

• If given verbally, it is incomplete. It doesnot have an effect before it was actuallyreduced to writing and signed by the judge.[People v. Catolico (1972) ]

• A verbal order dismissing the case can berescinded without prejudicing the rights of the accused – No double jeopardy arises.[Abaya v. Garcia (1988) ]

• The remedy for a verbal judgment is toappeal or file a petition for mandamus tocompel the court to put the decision inwriting.

2) Personally and directly prepared by the judge.• Every decision must state distinctly and




not violate due process. [People v. Badon(1999) ]

4) Contains clearly and distinctly a statement of facts proved and the law upon which judgment

is based.• There is sufficient compliance if the decisionsummarizes the evidence of both parties,synthesizes the findings and conciselynarrates how the offense was committed.

• Failure on the part of the TC to make afinding of facts is a revocable error.

• There is no law that requires a specificfinding of facts with respect to the evidencefor the defense. [Reyes v. People (2006) ]

GENERAL RULES ON JUDGMENTS

1. CONTENT OF JUDGMENT [Rule 120,

Sec. 2 ]

a. JUDGMENT OF CONVICTION

• The judgment of conviction shall state:

1) The legal qualification of the offenseconstituted by the acts committed by theaccused and the aggravating/mitigatingcircumstances which attended itscommission.• If a decision does not contain a

dispositive portion but the last twoparagraphs embody the court’sconclusions, then the decision is valid.[People v. Valeriano (1993) ]

• TC should express not only itsconclusion but also the provision of thelaw violated for the purpose of informingthe accused of the nature of the crimeand the law penalizing the same.

• No need to state the particularparagraph and article in the RPC, solong as the offense is clearly understoodfrom the facts.

• Mere failure to specify the particular

provision of law does not invalidate thedecision, if it did actually apply theproper provision.

2) The participation of the accused in theoffense, whether as principal, accomplice oraccessory after the fact.

motu propio, such amendment or alterations asit may deem best, within the frame of law, topromote the ends of justice.

• After finality, TC is divested of authority to

amend/alter the judgment, except to correctclerical errors.

b. JUDGMENT OF ACQUITTAL

• The judgment shall state whether:1) The evidence of the prosecution absolutely

failed to prove the guilt of the accused; or2) It merely failed to prove his guilt beyond

reasonable doubt.• #2 does not extinguish the civil liability

arising from his acts, since the civilliability arose not from a crime but fromthe damage caused by such acts.

• In either case, the judgment shall determine if the act/omission from which the civil liabilitymight arise did not exist.

• General rule: The court has authority toexpress disapproval of certain acts even if

judgment is for acquittal.• Exception: The court is not permitted to

censure the accused in a judgment foracquittal – no matter how light, a censureis still a punishment.

• No court has the power to mete outpunishment. A finding of guilt mustprecede the punishment.

• This reprehension, however, must berelevant to the issue in the case. If irrelevant/impertinent, they should bestricken out or expunged from the recordlike any other extraneous matters. [Peoplev. Meneses (1998) ]

• Acquittal extinguishes civil liability only whenthe judgment includes a declaration that thefacts from which the civil liability might arisedid not exist.

• The court may nonetheless hold the accusedcivilly liable in favor of the offended party, or it

may deny the award of civil damages expresslyor impliedly by being silent on the matter.• The losing party may appeal the ruling on the

civil liability, as in any other ordinary appeal, inhis name and not in the name of the People

• A separate civil action may be warrantedwhere:




• The judge may find that the acts — althoughunethical, immoral or otherwise reprehensible— do not constitute a crime within the purviewof the penal law. [People v. Meneses (1998) ]

• The court has no power to order reinstatementand backwages at the time of suspension of accused from work. [PNRC v. Domingo (1971) ]

• Acquittal based on reasonable ground does notbar a separate civil action based on quasi-delict. [Lontoc v. MD Transit (1988) ]

Acquittal

[Rule 120]

Dismissal

[Rule 117]

Terminates the caseDecision on the meritsbased on a finding thatthe accused is not guilty

Not on the merits and nofinding of guilt is made

2. JUDGMENT ON DUPLICITOUS

INFORMATION

• General rule: Complaint/information mustcharge only one offense.• Exception: Cases in which existing laws

prescribe a single punishment for variousoffenses.

• General rule: Duplicitous information issubject to a MTQ.• Exception: Defect is waived when accused

fails to move for quashal.

WHERE ACCUSED FAILS TO OBJECT TO 2 OR MOREOFFENSES CHARGED IN A SINGLE

COMPLAINT/INFORMATION BEFORE TRIAL [Rule120, Sec. 3 ] 1) The court may convict him of as many offenses

as are charged and proved; and• Exception: One of the offenses has been a

necessary means for committing the otheroffense and where both have been theresult of a single act.

2) Impose on him the penalty for each offense,setting out separately the findings of fact andlaw in each offense.• Maximum duration of offense: Follow the 3-

fold rule on the service of penalty.

3. VARIANCE BETWEEN WHAT WAS

CHARGED AND WHAT WAS PROVEN

• The mere fact that the evidencepresented would indicate that a lesseroffense outside the court’s jurisdictionwas committed does not deprive the

court of its jurisdiction, which hadvested in it under the allegations in theinformation.

• Exception to the exception: Wherethere are facts that supervened afterthe filing of the information whichchange the nature of the offense.

WHEN THE OFFENSE AS CHARGED IS INCLUDED INOR NECESSARILY INCLUDES THE OFFENSE

PROVED [Rule 120, Sec. 5] • The offense charged necessarily includes the

offense proved when some of the essentialelements/ingredients of the former, as allegedin the complaint/information, constitute thelatter.

• An offense charged is necessarily included inthe offense proved when the essentialingredients of the former constitute or formpart of those constituting the latter.

EFFECT OF THE VARIANCE• The accused shall be convicted of: [Rule 120,

Sec. 4 ] 1) The offense proved which is included in the

offense charged; or2) The offense charged which is included in

the offense proved• The right to be informed of the charges has not

been violated because where an accused is

charged with a specific crime, he is dulyinformed also of lesser crimes/offensesincluded therein. [People v. Villamar (1998) ]

• Where a complex crime is charged and theevidence fails to support the charge as to oneof the component offenses, the accused can beconvicted of the other.• The accused should move to quash on the

ground of duplicity to prevent him frombeing convicted of as many componentoffenses as may be proved.

STATE LIABILITY FOR UNJUST CONVICTION• The DOJ Board of Claims is authorized to

receive/evaluate/process/investigate claims of victims of unjust imprisonment/detention and




• Rationale: It is always better to err inacquitting than in punishing. [People v. Lizada(1993) ]

5. EFFECT ON EXISTING PROVISIONS

• Nothing in Rule 120 shall affect any existingprovisions in the laws governing the following:[Rule 120, Sec. 9 ] 1) Suspension of sentence.2) Probation.3) Parole.

PROMULGATION OF JUDGMENT

• Definition: An official proclamation/announcement of a judgment/order.

• Judgment/sentence does not become a judgment/sentence in law until:1) Read and announced to the defendant; or2) Has become a part of the record of the

court.• Judgment which the rule requires to be

promulgated is the sentence rendered by theTC, not the judgment of the appellate courtsent to the TC.• Unnecessary for the latter because it is

presumed that the accused or his attorneyhad already been notified by the appellatecourt.

• Where there is no promulgation of judgment,no right to appeal accrues.

• SIN PERJUICO JUDGMENT – Judgment

without a statement of facts. [Dizon v. Lopez (1997) ] • Merely reading the dispositive portion of

the decision is not sufficient.• Judgment must state the facts and the law

on which it is based.• While SC has expressed approval of the

practice of some judges withholding thedispositive portion from their opinions untilthe very last moment of promulgation in

order to prevent leakage, such refers to thepreparation of the decision and not topromulgation. There is no more reason tokeep it a secret at the stage of promulgation.

MANNER OF PROMULGATION [Rule 120 Sec 6]

• Exception: 1) If the conviction is for a light offense,

the judgment may be pronounced inthe presence of his

counsel/representative.2) If the accused fails to appear despitenotice, the promulgation shall be madeby recording the judgment in thecriminal docket and serving him a copyat his last known address or thru hiscounsel.

FAILURE TO APPEAR DESPITE NOTICE [Rule 120,Sec. 6 ]

• General rule: Presence of the accused ismandatory.• Exception:

Conviction for light

offense

He may appear throughcounsel/representative

Promulgation in

absentia

To prevent subversion of judicial process andenable enforcement of civil liability

Verdict of acquittal No appeal necessary; judgment is final andexecutory

- Note the old rule thatpresence of the accusedduring promulgation of

judgment is required onlyin case of conviction

• If the judgment is for conviction and the failureof the accused to appear was without justifiablecause, he shall lose the remedies available inthe ROC against the judgment and the courtshall order his arrest.• However, within 15 days from promulgation

of judgment, he can surrender and file amotion for leave of court to avail of theseremedies. He shall state the reasons for hisabsence.

If he proves his absence was for a justifiable cause, shall be allowed to avail of the remedies within 15 days from notice.

WHO PROMULGATES JUDGMENTS [Rule 120, Sec.6 ]1) If the judge is absent or outside the




• General rule: The court promulgating the judgment shall have authority to accept thenotice of appeal and to approve the bail bondpending appeal.•

Exception: If the decision convicting theaccused changed the nature of the offensefrom non-bailable to bailable, theapplication for bail can only be filed andresolved by the appellate court.

MODIFICATION OF JUDGMENT

WHEN JUDGMENT OF CONVICTION MAY BEMODIFIED OR SET ASIDE

1) Upon motion of the accused: [Rule 120, Sec. 7 ] a) Before it becomes final.b) Before appeal is perfected.

2) The court motu propio and without notice toeither party, on the basis of the evidence in therecords, so long as the judgment has notbecome final, as it still has the jurisdiction overthe case.

WHEN JUDGMENT BECOMES FINAL

1) For conviction:• General rule: Judgment of conviction

becomes final: [Rule 120, Sec. 7 ] a) After the lapse of the period for

perfecting an appeal.b) When the sentence has been

partially/totally satisfied or served.c) When the accused has waived in

writing his right to appeal. [Wagan v.Tiangco (1976) ]

d) When the accused has applied forprobation.

• Note: Cases where death penalty wasimposed, was an exception.

• Judgment of conviction does not becomefinal after the promulgation and by thecourt’s issuing a commitment order

2) For acquittal: It becomes final from the date of its promulgation.•

It can no longer be modified.• MFR or appeal can no longer be filed, as itwill place the accused twice in jeopardy.

• The court’s power to modify its judgment islimited to a judgment of conviction, and itcannot include a judgment of acquittal.

• After judgment has become final, it shall beentered in accordance with Rule 36. [Rule 120,Sec. 8 ]

WHEN ENTRY IS MADE [Rule 36, Sec. 2 ] • When there is no appeal or MNT/MFR is filedwithin the time provided in the ROC.

HOW ENTRY IS MADE [Rule 36, Sec. 2 ] • The judgment or final order shall be entered by

the clerk in the book of entries of judgments.• The date of finality of the judgment or final

order shall be deemed to be the date of itsentry.

FORMALITIES REQUIRED [Rule 36, Sec. 2 ] • The record shall contain the dispositive part of

the judgment or final order.• It shall be signed by the clerk, with a

certificate that such judgment or final orderhas become final and executory.


EFFECT ON PERIOD TO APPEAL



XIV. SEEKING RELIEF FROM AN

ADVERSE JUDGMENT

A. MOTION FOR

RECONSIDERATION ORNEW TRIAL (MFR/MNT)

DEFINITION • New trial and reconsideration are the same

thing in criminal procedure whether it be afirst, second, new or an old trial. “New” refersto time and not to substance. [US v. Dacir (1913) ]

• NEW TRIAL – A proceeding whereby errors of law or irregularities are expunged from therecord, or new evidence is introduced, or bothsteps are taken. [People v. Tamayo (2002) ]

• Purpose: A new invention to temper severityof a judgment or prevent the failure of justice.[Jose v. CA (1997) ]

• The word “trial” as used covers not only trialproper but also includes the rendition of judgment. [People v. Enriquez ]

New trial Reopening of the case

Award given after judgment on the casewas already rendered

Is had prior to therendition of judgment butafter the parties havesubmitted the case fordecision

WHEN TO FILE MNT/MFR1) At any time before a judgment of conviction

becomes final; [Rule 121, Sec. 1 ] • After sentence has become final, any

attempt to alter/amend/modify the same,except to correct clerical errors, isunwarranted in law. [US v. CFI Manila]

2) Before an appeal is perfected.

WHO MAY INITIATE MNT/MFR [Rule 121, Sec. 1 ] 1) On motion of the accused;2) By the court motu propio, but with the consent

of the accused.• The consent may be given tacitly (e.g.

he interposed no objection to the newtrial of the case)

EFFECT ON PERIOD TO APPEAL• General rule: The period at the end of which

the judgment in a criminal case becomes finalis not suspended.•

Exception: by the filing of a MNT/MFR.GROUNDS FOR MNT [Rule 121, Sec. 2 ] 1) That errors of law or irregularities prejudicial to

the substantial rights of the accused have beencommitted during the trial;• General rule: Error of the defense counsel

in the conduct of the trial is neither anerror of law nor an irregularity.• Exception: Acquittal would in all

probability have followed theintroduction of certain testimony whichwas not submitted at the trial underimproper or injudicious advice of incompetent counsel.

• Irregularities must be with suchseriousness as to affect prejudicially thesubstantial rights of the accused.

2) That new and material evidence has beendiscovered which the accused could not with

reasonable diligence have discovered andproduced at the trial and which if introducedand admitted would probably change the

judgment.• NEWLY DISCOVERED EVIDENCE –

Evidence which could not, by the exerciseof due diligence, have been discoveredbefore the trial in the court below.

• Requisites: That the evidence - [Jose v. CA(1997) ]

a) Was discovered after the trial;b) Could not have been discovered and

produced at the trial even with theexercise of reasonable diligence. [US v.Pico (1982)] • Burden of proving this is on the

accused. [US v. Torrente (1922) ]c) Is material, not merely

cumulative/corroborative/impeaching;and

d) Is of such weight that it would probablychange the judgment if admitted.• It must be of weighty influence and

will affect the result of the trial.[People v. Alfaro (2003) ]


4) Filing of the motion must be made within 15

the accused then the private offended



4) Filing of the motion must be made within 15days from date of promulgation of judgment,the 15-day period being non-extendable.

HEARING ON MOTION• The court may hear evidence by affidavits orotherwise when the motion calls for resolutionof any question of fact. [Rule 121, Sec. 5 ]

• Purpose: merely to determine WON the newtrial requested should be granted.

EFFECT OF GRANTING MNT/MFR [Rule 121, Sec. 6 ] • In all cases:

1) The original judgment set aside or vacated;

2) A new judgment is rendered accordingly;and3) Parties are left in the same situation as if

no trial had ever taken place.• Specific effects:

Ground Effect Court may

Errors of law orirregularitiescommittedduring the trial

All proceedingsand evidenceaffected shallbe set asideand taken anew

If error orirregularity goesinto the

jurisdiction,entireproceeding isvoid and mustbe set aside

Allowintroduction of additionalevidence in theinterest of

justice

Newly-discoveredevidence

Evidencealreadyadduced shallstand and thenewly-discovered andsuch otherevidence shallbe taken andconsideredtogether withthe evidencealready in therecord

Allowintroduction of other suchevidence in theinterest of

justice

• Remedy against GAD in granting MNT/MFR:Certiorari or prohibition.

the accused, then the private offendedparty shall be allowed to participateseparately.

WHEN APPEAL BY THE PEOPLE WILL NOT LIE• The People/State cannot appeal when it will putthe accused in double jeopardy.

• The constitutional mandate against double jeopardy prohibits not only a subsequentprosecution in a new and independent causebut extends also to appeal in the same case bythe prosecution after jeopardy had attached.[Republic v. CA ]

• The prosecution cannot appeal from a

judgment of acquittal• Rationale: A verdict of that nature isimmediately final and to try on the merits,even in an appellate court, places theaccused in double jeopardy. [Central Bank v. CA (1989) ]

• Dismissal of case upon filing of demurrer by theaccused was held to be final even though basedon erroneous interpretation of the law. Hence,an appeal therefrom by the prosecution would

constitute double jeopardy. [US v. Kilayko(1916) ]

• Where the TC has jurisdiction but mistakenlydismisses the complaint/information on theground of lack of it, the order of dismissal isunappealable. [People v. Duran ]

• An appeal by the People will not lie if thepurpose is to correct the penalty imposed bythe trial court or to include in a judgment apenalty erroneously omitted. [People v. Paet

(1956) ] • The preclusion against appeal by the State

from judgments or final orders having theeffect of acquittal, applies even though accuseddid not raise question of jeopardy. [People v.Ferrer (1956) ]

WHEN APPEAL BY THE PEOPLE IS PERMISSIBLE• Generally, where the defendant would not be

placed in jeopardy a 2nd time for the same

offense.• Where the information was quashed prior to

arraignment, the prosecution may appeal theorder sustaining the MTQ because before a pleais entered, no jeopardy attaches. [People v Pascual (1957) ]


aggrieved party cannot appeal from the



aggrieved party cannot appeal from the judgment of the TC. [People v. Olavides(1948) ]

• Where the criminal case was dismissed atthe instance of or with the consent of thefiscal, the offended party cannot appealfrom the order of dismissal, since thedismissal of the criminal action “does notaffect the right of the offended party toinstitute or continue the civil action alreadyinstituted arising from the offense becausesuch dismissal or extinction of the penalaction does not carry with it the extinctionof the civil one.” [People v. Velez ]

• If the judgment of conviction was appealed bythe accused, the appellate tribunal iscompetent to assess damage/indemnity againstthe defendant, although the decision of the TCmade no award of such nature. This is becausean appeal in a criminal case opens the wholecase for review. [Quemel v. CA (1946) ]

• The appellate court may increase the penalty,the indemnity/damages awarded by the TC,although the offended party did not appeal and

only the accused did. [Quemel v. CA (1946) ]

APPEAL BY A PERSON PREJUDICED BY THEJUDGEMENT• General rule: Only the parties to a case may

appeal a judgment thereon. [Rule 122, Sec. 2 ] • Exception: A person, other than a real

party to a case, who stands to be adverselyaffected by the judgment in a direct orsignificant way.

APPEAL WHEN PROMULGATION OF JUDGEMENTWAS MADE IN ABSENTIA• General rule: Where the accused is tried in

absentia and the decision was also promulgatedin his absence, the accused should not beafforded the right to appeal [People v.Magpalao (1991) ] • Exception: When he voluntarily submits to

the jurisdiction of the court or is otherwise

arrested within 15 days from the notice of the judgment against him.

• Rationale: While at large, he cannot seekrelief from the judgment as he isconsidered to have waived the same andhe has no standing in court.

a) If it involves questionsof law only

b) If it involvesconstitutionality orvalidity of anytreaty/law/ordinance/EO/regulation or the

jurisdiction of the inferiorcourt

c) In criminal casesinvolving offenses forwhich the penaltyimposed is death or life

imprisonmentd) Other offenses, which,although not so punished,arose out of the sameoccurence or which mayhave been committed bythe accused on the sameoccasion, as that givingrise to the more seriousoffense

The SC CA or Sandiganbayan

NATURE OF AN APPEAL• APPEAL – A proceeding for review by which

the whole case is transferred to a higher courtfor a final determination.

• An appeal in a criminal proceeding throws thewhole case open for review and it becomes the

duty of the appellate court to correct an erroras may be found in the appealed judgment,WON it is made the subject of assignment of errors. [People v. Calayca (1999) ]

• The right to appeal is neither a natural rightnor a part of due process. It is merely astatutory privilege, and may be exercised onlyin the manner provided by law. [Bello v.Fernando (1962) ]

• Remedy if appeal is denied: Mandamus, but

only when the party appealing is entitled to it.[Trinidad v. Sweeney (1904) ]

FINAL JUDGEMENT OR ORDER• An appeal may be taken only from a final

judgment or order, not from interlocutory


• CA is vested with the power to try cases and

• Exception: SC reviews questions both



CA is vested with the power to try cases andconduct hearings, receive evidence, andperform any and all acts necessary to resolvefactual issues in cases falling within its originaland appellate jurisdiction. [BP 129]

• The CA also has appellate jurisdiction in caseswhere the RTC imposed penalty of reclusionperpetua, life imprisonment, or where a lesserpenalty is imposed for offenses committed inthe same occasion or which arose of the sameoccurrence that gave rise to the more seriousoffense for which the penalty for death,reclusion perpetua, or life imprisonment isimposed. [BP 129]

APPEAL VIS-À-VIS CERTIORARI• ERROR OF JUDGMENT – One which the court

may commit in the exercise of its jurisdiction.• Reviewable on appeal (i.e. ordinary appeal

under Rule 122).• ERROR OF JURISDICTION – LOJ. It renders

an order of judgment void or voidable.• Reviewable on certiorari.

• General rule: When appeal available for errors

of judgment, certiorari is not allowed.• Exception: Cases where the SC allowed

certiorari despite availability of appeal:• A writ of certiorari was granted against

the TC’s ruling rejecting rebuttalevidence for the prosecution becauseappeal is no longer available whenaccused was acquitted. [People v.

Abalos (1969) ] • Certiorari was granted when no appeal

lies from an interlocutory order.[Sacdalan v. Bautista (1974) ]

MODES OF REVIEW1) Ordinary appeal – By filing a notice of appeal

with the court that rendered the judgment andserving a copy on the adverse party.• NOTICE OF APPEAL – Written notice of

intention to take appeal.• When no notice of appeal is given in writing

or no record that any was given, the causewill be stricken from the court calendarsince there was no appeal. [US v. Tenorio]

• A mere verbal notice of an intention toappeal expressed by the accused, does notperfect an appeal. [People v. Natividad ]

Exception: SC reviews questions bothof fact and of law in cases decided bythe RTC: [RA 296] a) Where the penalty imposed is life

imprisonment;b) Which involve other offenses

committed on the same occasion orarising out of the same occurrencethat gave rise to the more seriousoffense for which the penalty of death or life imprisonment isimposed.

• Appeal by PFRC from the decision or finalorder of the RTC/CA may be taken by filing

the petition within 15 days from notice of judgment or of the denial of MFR filed indue time.• Copy must be served on the court

whose judgment or final order is soughtto be reviewed.

• If no record of appeal has been filed in theCA, the SC clerk of court, upon admissionof the petition, shall demand from the CAthe elevation of the whole record of the

case. [Rule 45, Sec. 2 ] • Provision above governs procedure of

appeal from RTC or Sandiganbayan tothe SC.

• Implication: Records on appeal, beforea mandatory requirement for theperfection of ordinary cases to the CA,are no longer required.

4) Automatic review.

SERVICE OF NOTICE OF APPEAL [Rule 122, Sec. 4 ] • Modes of service under Rule 13, Sec. 7 and 8:

1) Personal service upon adverse party or hiscounsel;

2) By registered mail;3) By substituted service.

• Court may order publication in a newspaper of general circulation at least once a week forperiod not exceeding 30 days.

• Mere failure of the accused to serve a copy of

notice of appeal is not a defect. What isimportant is that the appellant is able toexercise the right of appeal. [US v. Sotavento(1919) ]

• The appellee may waive his right to a noticethat an appeal has been taken. [Rule 122, Sec.


• The 1st day is excluded and the last day is

up to the rendition of the new decision,



y yincluded. [Admin Code; CC ]

• Should the last day fall on a Sunday or aholiday, the period continues to run until thenext day which is neither a Sunday nor aholiday. [Admin Code]

• The period is not extended by the 20-dayrequirement for the TC to elevate the recordsof the case to the SC. [People v. Tirol (1981) ]

SUSPENSION OF PERIOD OF APPEAL• Period is suspended by the filing of MNT/MFR.• Suspension is until notice of the order

overruling the MNT/MFR. [Hiquina v. Veloso ] •

But the filing of a motion to extend time toappeal does not suspend the period. [Reyes v.Santa Maria (1972) ]

SHORTENING OF PERIOD• The court cannot shorten the period to appeal.• Hence, the court cannot make the decision final

before the end of the period by issuing acommitment order immediately. [Del Rosario v.Rosero (1983) ]

WHEN PERIOD DOES NOT APPLY• When judgment of conviction imposes

death penalty, the SC automaticallyreviews it without need of the accused’sintervention. Judgment becomes final onlyafter the SC has passed upon it.

TRANSCRIBING AND FILING OF STENOGRAPHICNOTES [Rule 122, Sec. 7 ]

When appellant is - The court shall direct

the stenographicreporter to

The accused Transcribe his notes of the proceeding

The People of thePhilippines

Transcribe such portion of his notes of the

proceedings as the court,upon motion, shall specifyin writing

STENOGRAPHER’S CERTIFICATION [Rule 122, Sec.]

p ,then the 30 day period given by lawmust be extended. [People v. Bocar (1955) ]

TRANSMISSION OF PAPERS TO APPELLATE COURTUPON APPEAL [Rule 122, Sec. 8 ] • Within 5 days from filing of notice of appeal,

the clerk of the court with whom the notice of appeal was filed must transmit to the clerk of the appellate court:1) The complete record of the case;2) The notice of appeal;3) Original and 3 copies of the TSN (4th copy

of the TSN shall remain in the lower court).• If any material part of the evidence is nottransmitted from the RTC to the SC, the casewill be remanded to the court of origin for anew trial. [US v. Tan] • It is the duty of the government (and not of

the defendant) to cause to be kept and, incase of an appeal by the defendant, to besent to the appellate court, a completerecord of the proceedings.

PROCEDURE IN APPEAL TO THE RTC [Rule 122,Sec. 9 ]

Transmission of record to RTCWithin 5 days from perfection of the appeal, the clerk

of court shall transmit the original record to theappropriate RTC.

Notification of partiesUpon receipt of the complete record, TSN and

evidence of the case, the RTC clerk of court shallnotify the parties of such fact.

Submission of memoranda/briefsWithin 15 days from receipt of said notice, the parties

may submit memoranda/briefs, or may be required bythe RTC to do so.

DecisionAfter submission of such memoranda/briefs or upon


protection of the accused, ensuring the

the briefs were presented, the appellant has no



p gcorrectness of the decision of the TC sentencinghim to death. [US v. Laguna (1910); People v.Bocar (1955) ]

• Unlike any other direct appeal to the SC whereonly questions of law are reviewed, the SC inautomatic review may review the findings of fact of the TC. [People v. Soriano (2002) ]

JURISDICTION OF THE TC PRIOR TO EXPIRATIONOF PERIOD TO APPEAL• The prohibition of not sending up the records

before the 15 days is up is because withinthose 15 days, the case is still within the

jurisdiction of the TC. [Director of Prisons v.Teodoro]

• After the perfection of appeal or afterexpiration of 15 days, however, the appellatecourt acquires jurisdiction over the case to theexclusion of the TC. [Director of Prisons v.Teodoro]

• During this period, the TC can still decrease(but not increase) the penalty, acquit theaccused, or grant a MNT filed by the defendant.

• MNT suspends the running of the 15-dayperiod. Hence, the transmission of the recordsto the SC for automatic review is necessarilysuspended.

EFFECT OF APPEAL BY ANY OF SEVERAL ACCUSED [Rule 122, Sec. 11 ] • General rule: An appeal taken by one or more

of several accused shall not affect those whodid not appeal.• As to the appealing party, the execution of

judgment appealed from is stayed upon theperfection of the appeal.

• As to the co-accused who did not appeal,the judgment of the TC insofar as it relatesto him becomes final and the appellatecourt has no power to interfere with it.[Salvatierra v. CA (1996) ] • Exception: Insofar as the judgment of

the appellate court is favorable andapplicable to those who did not appealor who withdrew his appeal. [People v.Escano ]

• The appeal of the offended party from the civilaspect shall not affect the criminal aspect of the judgment or order appealed from

p ppabsolute right to withdraw the appeal. Thewithdrawal is now a matter that rests withinthe sound discretion of the court. [People v.Rapirap (1958) ]

• Withdrawal of appeal by counsel de oficio needsconsent of the accused, since the withdrawal of an appeal affects his substantive rights.

EFFECT OF ESCAPE OF ACCUSED PENDING APPEAL[Longao v. Fakat (1969) ]• Situations contemplated: If the accused:

1) Escapes from confinement;2) Jumps bail;

3)

Flees to a foreign country.• The appellate court may dismiss the appeal,motu propio or upon appellee’s motion.• Rationale: It is in contempt of the

authority of the court and of the law, andthe accused places himself in a position tospeculate on the chances for a reversal,meanwhile keeping out of the reach of

justice and preparing to render the judgment nugatory at his option.

WITHDRAWAL OF APPEAL IN CASE OF AUTOMATICREVIEW [People v. Cornelio (1971) ]• Withdrawal is not allowed in case of automatic

review.• It would not remove the case from the

jurisdiction of the SC.• Even the escape of the accused from detention

during the pendency of his appeal does notrelieve the court of the burden of reviewing the

case.

APPOINTMENT OF COUNSEL DE OFICIO FORACCUSED ON APPEAL [Rule 122, Sec. 13 ] • Upon the filing of the notice of appeal, it

becomes the duty of the TC clerk of court to:1) Ascertain from the appellant, if confined in

prison, WON he desires the RTC/CA/SC toappoint a counsel de oficio to defend him;and

2) Transmit with the record (on a formprepared be the clerk of the appellatecourt) a certificate of compliance with thisduty and of the response of the appellantto his inquiry.

• Rationale: The constitutional right of the


2) Offenses falling under the MeTC’s Jurisdiction:

• The court shall order the accused to submit



[Salcedo v. Nobles-Bans (1985) ] • In Metro Manila and other chartered cities,

the complaint may be filed only with theOffice of the City Prosecutor

• If the case is directly filed with the court,the case should not be dismissed. Thecourt should just refer it to the CityProsecutor for the filing of thecorresponding information.

3) Cases governed by the Revised Rules onSummary Procedure:a) Violations of traffic laws/rules/regulations;b) Violations of the rental law;

c)

Violations of municipal/city ordinances;d) Violations of BP 22;e) All other criminal cases where the penalty

is imprisonment not exceeding 6 months ora fine not exceeding P1K or both,irrespective of other imposable penalties(accessory or otherwise) or of the civilliability arising from it.• However, in offenses involving damage

to property through criminal negligence

where imposable fine does not exceedP 10K, the Uniform Procedure Rule shallgovern (i.e. it is not governed byRevised Rules on Summary Procedure).

• Revised Rules on Summary Procedurealso does not apply to criminal caseswhere the offense charged isnecessarily related to another criminalcase subject to the ordinary procedure.

THE REVISED RULES ON SUMMARYPROCEDURE

COMMENCEMENT OF ACTION [Sec. 11]• The filing of the criminal case shall be either by

complaint or by information.• However, in Metropolitan Manila and in

chartered cities, commencement shall beonly by information.•

Exception: When the offense cannotbe prosecuted de oficio.• The complaint/information shall be

accompanied by the affidavits of the compliantand of his witnesses.• No. of copies = [ No. of accused + 2 copies

for the court’s files]

his counter-affidavit and the affidavits of his witnesses as well as any evidence in hisbehalf (with copies served on thecomplainant/prosecutor) not later than 10days from receipt of order. The prosecutionmay file reply affidavits within 10 daysafter receipt of the counter-affidavits.

PROHIBITED PLEADINGS AND MOTIONS [Sec. 19]1) MTD;

• Exception: On grounds of either:a) LOJ over subject matter;b) Failure to refer to Lupon.

2)

Motion for BOP;3) MNT/MFR or motion for re-opening of trial;4) Petition for relief from judgment;5) Motion for extension to file;6) Memoranda;7) Petition for certiorari/mandamus/prohibition

against any interlocutory order;8) Motion to declare defendant in default;9) Dilatory motions for postponement;10) Reply;

11) 3rd-party complaints;12) Interventions.

ARRAIGNMENT AND TRIAL [Sec. 13]• After consideration of the

complaint/information and the affidavits, if thecourt finds no cause/ground to hold theaccused for trial, it shall order the dismissal of the case; otherwise, the court shall set thecase for arraignment and trial.

• If the accused is in custody for the crimecharged, he shall be immediately arraigned. If he enters a plea of guilty, he shall forthwith besentenced.

PRELIMINARY CONFERENCE [Sec. 14] • Before conducting the trial, the court shall call

the parties to a preliminary conference for:1) Stipulation of facts;

• Refusal/failure to stipulate shall not

prejudice the accused.2) Plea bargaining;

• No admission by the accused shall beused against him unless reduced towriting and signed by the accused andhis counsel.


adverse party within 3 days from thet i ti f th li i f If it

• General rule: Extension of time for the filingf b i f i t ll d



termination of the preliminary conference. If itis the prosecution who submits additionalaffidavits, the defense may file counter-affidavits thereto (copy furnished theprosecution) within 3 days from service.

ARREST OF THE ACCUSED [Sec. 16] • The court shall not order the arrest of the

accused.• Exception: For failure to appear whenever

required.• Release of the accused shall be by bail or on

recognizance.

JUDGMENT [Sec. 17] • If trial was conducted, the court shall

promulgate judgment within 30 days fromtermination of trial.

APPEAL [Sec. 21] • Judgment may be appealed to RTC per Sec. 22,

BP 129.

D. PROCEDURE IN THE CA

PARTIES AND TITLE [Rule 124, Sec. 1 ] • In all criminal cases appealed to the CA:

1) APPELLANT – The party appealing;2) APPELLEE – The party adverse to the

appellant.• The title of the case shall remain as it was in

the court of origin (i.e. People v. John Doe).

APPOINTMENT OF COUNSEL DE OFICIO [Rule 124,Sec. 2 ]

• The counsel de oficio cannot dismiss the appealwithout the consent of his client [US v.Lafuente] or admit findings of fact by the TC[People v. Isaac ].

BRIEF FOR APPELLANT [Rule 124, Sec. 3 ] •

Appellant shall file 7 copies of his brief with theclerk of court, accompanied by proof of serviceof 2 copies on the appellee.

• It shall be filed within 30 days from receipt bythe appellant (his counsel) of the CA clerk of court’s notice that the evidence is alreadyattached to the record

of briefs is not allowed• Exception: for good and sufficient cause

• It is sought through a motion for extension,which must be filed before the expiration of thetime sought to be extended.

• Grant of extension rests on the court’sdiscretion. [Piedad v. Batuyong (1974) ]

• Court may grant as many extensions as maybe asked. [Gregorio v. CA (1976) ]

FORM OF BRIEFS [Rule 124, Sec. 6 ] • Briefs shall printed/encoded/typewritten, in

double space, on legal size good quality

unglazed paper, 330mm in length by 216mm inwidth.• Mimeographed copies are not allowed.

CONTENTS OF BRIEF• The briefs in criminal cases shall have the same

contents as provided in Rule 44, Sec. 13-14. [Rule 124, Sec. 7 ]

1) Appellant’s brief: [Rule 44, Sec. 13 ]

a) SUBJECT INDEX – Digest of thearguments and page references, and atables of: (1) cases alphabeticallyarranged; and (2) books and statutes cited,with references to the pages where theyare cited.

b) ASSIGNMENT OF ERRORS – Errors urgedseparately, distinctly and concisely; statedwithout repetition and numberedconsecutively.

c) STATEMENT OF THE CASE – Clear andconcise statement of the nature of theaction, a summary of the proceedings, theappealed court rulings and orders, thenature of the judgment and any othermatters necessary to an understanding of the nature of the controversy, with pagereferences to the record.

d) STATEMENT OF FACTS – Clear andconcise narrative statement of the facts

admitted by both parties and of those incontroversy, together with the substance of the related proof, in sufficient detail tomake it clearly intelligible and with pagereferences to the record.

e) ISSUES – Clear and concise statement of


insufficiencies/inaccuracies appelleebelieves to exist in the appellant’s

• CA may dismiss the appeal upon appellee’smotion or motu proprio



believes to exist in the appellant’sstatement of facts, with references to thesupporting pages of the record. Matters inthe appellant’s statement of facts shouldnot be repeated.

c) ARGUMENT – Appellee’s arguments oneach assignment of error, with pagereferences to the record. The authoritiesrelied upon shall be cited by the page of the report at which the case begins and thepage of the report on which the citation isfound.

DISMISSAL OF APPEAL FOR ABANDONMENT ORFAILURE TO PROSECUTE [Rule 124, Sec. 8 ] • Grounds:

1) Appellant fails to file his brief within theprescribed time;• Exception: Where the appellant is

represented by a counsel de oficio.• If failure to file brief on time is the

ground, appellant must be given noticeto give him opportunity to reason out

why his appeal should not bedismissed.• However, dismissal is proper despite

lack of notice:a) If appellant has filed a MFR or

motion to set aside the orderdismissing the appeal, in which hestated the reason why he failed tofile his brief on time and theappellate court denied the motion

after considering reason. [Baradi v.People (1948) ]

b) If appeal was dismissed withoutnotice but appellant took no stepsto have the appeal reinstated. Suchaction amounts to abandonment.[Salvador v. Reyes ]

2) If the appellant escapes fromprison/confinement, jumps bail or flees to aforeign country during the pendency of the

appeal.• Rationale: Escape of appellant during

the pendency of the appeal implies awithdrawal of the appeal. Hence,

judgment of the TC becomes final. [USv. Ravidas (1905) ]

motion or motu proprio.

PROMPT DISPOSITION OF APPEAL [Rule 124, Sec.9 ]

• Appeals of accused who are under detentionare given precedence in their disposition overother appeals.

• The CA shall hear and decide the appeal at theearliest practicable time with due regard to theparties’ rights.

• The accused need not be present in courtduring the hearing of the appeal.• Proceedings on appeal will not be stayed in

a criminal case on account of the absenceof the accused as his presence is notnecessary at said hearing. [US v. Lewis]

REVERSAL/MODIFICATION OF JUDGMENT ONAPPEAL [Rule 124, Sec. 10 ] • General rule: No judgment shall be

reversed/modified.• Exception: When the CA, after an

examination of the record and of theparties’ evidence, is of the opinion thaterror was committed and such errorinjuriously affected the appellant’ssubstantial rights.

• When it involves credibility of witnesses,appellate courts will not generally disturbthe TC’s findings.• Rationale: The TC is in a better

position to decide the question, having

seen and heard the witnessesthemselves. [People v. Cabiling (1976) ]

SCOPE OF CA’S JUDGEMENT [Rule 124, Sec. 11 ] • The CA may:

1) Reverse/affirm/modify the judgment;2) Increase/reduce the penalty imposed by

the TC;3) Remand the case to the RTC for new trial

or retrial;

4) Dismiss the case.• When the accused appeals from the sentence

of the TC, he waives the constitutionalsafeguard against double jeopardy and throwsthe whole case open to the review of theappellate court, which is then called upon to


• The unanimous vote of the 3 Justices of adivision is necessary for the pronouncement of

• MFR may be filed within 15 days from notice of the CA judgment or final order with copies



division is necessary for the pronouncement of a judgment or final resolution

• Decision is reached through a consultationbefore the writing of the opinion by a memberof the division.

• If there is lack of unanimity, the PresidingJustice shall direct the CA raffle committee todesignate 2 additional Justices to sittemporarily with them. They shall then form aspecial division of 5 members.• The concurrence of a majority of that

special division is necessary for thepronouncement of a judgment or finalresolution.

• Designation of the additional Justices shallbe made strictly by raffle and rotationamong all other CA Justices.

CERTIFICATION OR APPEAL OF CASES TO THE SC[Rule 124, Sec. 13 ] 1) If the CA finds that death penalty should be

imposed:• AUTOMATIC REVIEW – CA shall render

judgment but refrain from making an entryof judgment. It shall then certify the caseand elevate its entire record to the SC forreview. The accused does not have to doanything.

• Note: Death penalty has been abolished.2) If the judgment also imposes a lesser penalty

for offenses committed on the same occasionor which arose from the same occurrence thatgave rise to the more severe offense for which

death is imposed, and the accused appeals:• The appeal shall be automatically included

in the case certified for review in the SC3) If the CA imposes reclusion perpetua, life

imprisonment or a lesser penalty:• It shall render and enter judgment

imposing such penalty.• Appeal here is not automatic. The accused

has to file a notice of appeal with the CA.

JUDGMENT TRANSMITTED AND FILED IN TC• When the CA’s entry of judgment is issued, a

certified true copy of the judgment shall beattached to the original record. These shall beremanded to the clerk of the court from whichthe appeal was taken. [Rule 124, Sec. 17 ]

the CA judgment or final order, with copiesserved on the adverse party.

• The mittimus shall be stayed during the MFR’spendency.

• General rule: No party shall be allowed a 2ndMFR of a judgment or final order. [Sec. 11, BP 129 ] • Exception: Where the 1st MFR resulted in

a reversal or substantial modification of theoriginal decision or final resolution.• In this case, the party adversely

affected by the reversal/modificationmay himself file a MFR of the latest

judgment of the court, because withrespect to him, said motion is a firstpleading of that nature.

APPLICABLE CIV PRO RULES [Rule 124, Sec. 18 ] • Provisions of Rules 42, 44-46 and 48-56

relating to procedure in the CA and the SC inoriginal and appealed civil cases, shall beapplied to criminal cases insofar as they areapplicable and not inconsistent with the

provision of this Rule.

E. PROCEDURE IN THE SC

UNIFORM PROCEDURE [Rule 125, Sec. 1 ] • General rule: The procedure in the SC in

original and in appealed cases shall be thesame as in the CA.• Exception: If the Constitution or law

provides otherwise.

WHAT THE SC MAY DO ON REVIEW• In a criminal case, an appeal to the SC throws

open the whole case for review and it becomesits duty to correct such errors as may be foundin the judgment appealed from, WON theywere assigned as errors. [People v. Olfindo(1924) ]

• It may examine the judgment as to the

qualification of the crime and the degree of thepenalty imposed. [Macali v. Revilla (1926) ] • It may also assess and award civil indemnity.

[Quemel v. CA (1946) ]

WAYS BY WHICH A CASE MAY REACH THE SC1) Automatic review


notice of appeal with the RTC. [Rule122 Sec 3

]

ordinary appeal filed by appellant shall bedismissed because the proper remedy is



122, Sec. 3 ] b) When an accused was charged with 2

or more offenses committed on thesame occasion or arising out of thesame occurrence, and in one of those 2cases, he was sentenced to lifeimprisonment or death penalty, theappeal with respect to the others,though punished with a lesser penalty,is to the SC. [Rule 122, Sec. 3 ]

c) When the penalty of reclusion perpetuaor death is imposed on some of thedefendants and a lesser penalty on theother co-defendants, on account of their varying degree of participation inthe commission of the offense or due tothe presence of modifyingcircumstances, in which case thedecision on the non-life convicts isdirectly appealable to the SC. [Peoplev. Carino]

• In these cases, the SC reviews not onlyerrors of law but also the findings of fact by

the TC.3) Petition for review on certiorari.• When available:

a) When constitutionality/validity of anytreaty, executive agreement, law,ordinance or executive order orregulation is in question.• When validity of law is questioned

by an accused convicted under it bythe TC, the SC cannot review the

evidence or pass upon any otherquestion of law which may appearon the record, but will only confineitself to the question of thein/validity of that law. [Trinidad v.Sweeney (1904) ]

b) When the jurisdiction of any inferiorcourt is in issue.

c) When only an error or question of lawis involved.

d) On decisions of the CA and theSandiganbayan.• As a rule, review here is limited to

errors of law.• General rule: Certiorari is used to correct

only errors of jurisdiction and not errors of

dismissed because the proper remedy ispetition for review on certiorari (only questionsof law were involved) was rejected.

The SC said that in cases similarlysituated, and as long as the steps formallyrequired for the perfection of an appeal weretaken in due time, appeal may be given duecourse, without prejudice to requiring theappellant to file the necessary petition forreview on certiorari which is also a form of appeal.

REVIEW OF CA DECISIONS• The procedure for the review by the SC of CA

decisions on criminal shall be the same as incivil cases. [Rule 125, Sec. 2 ]

• General rule: The SC’s appellate jurisdictionin cases brought to it from the CA is limited toreviewing and revising the errors of lawincurred by the latter.• The CA’s findings of fact are final.• If an appeal in the SC involves questions of

facts, the SC has no jurisdiction and should

dismiss appeal. [Guico v. Mayuga (1963) ] • Exception: [Vargas v. CA; Napolis v. CA(1972) ] 1) When the conclusion is a finding

founded entirely onspeculations/surmises/conjectures;

2) When the inference made is manifestlymistaken/absurd/impossible;

3) When there is GAD;4) When the judgment is based on a

misapprehension of facts;5) When the findings of facts areconflicting;

6) When the CA, in making its findings,went beyond the issues of the case andthe same are contrary to theadmissions of both appellant andappellee.

DECISION IF OPINION IS EQUALLY DIVIDED [Rule

125, Sec. 3 ] 1) When the SC en banc is equally divided inopinion or the necessary majority cannot behad on WON to acquit the appellant, the caseshall again be deliberated upon.• If no decision is reached after re-


XV. SEARCH AND SEIZURE OF

WHERE APPLICATION FOR SW IS FILED [Rule 126,Sec. 2

]



EVIDENCE OF CRIME

A. SEARCH WARRANT (SW)

• Definition: It is an order in writing; issued inthe name of the People of the Philippines;signed by a judge; and directed to a peaceoffer, commanding him to search for personalproperty described in the warrant and bring itbefore the court. [Rule 126, Sec. 1 ]

• If it is not written: It is void.• If it is without the judge’s signature: It is

fatally defective.• It is a special and peculiar remedy, drastic in

its name, and made necessary because of apublic necessity

CONSTITUTIONAL BASIS

• The right of the people to be secure in their

persons/houses/papers/effects againstunreasonable searches and seizures of whatever nature or for any purpose shall not beviolated. [Art. 3, Sec. 2, Consti ]

• No SW or warrant of arrest shall issue exceptupon PC to be determined personally by the

judge after the examination underoath/affirmation of the complaint and thewitness he may produce, and particularlydescribing the place to be searched, and the

things/persons to be seized. [Art. 3, Sec. 2,Consti ] • The privacy of communication and

correspondence shall be inviolable except uponlawful order of the court, or when publicsafety/order requires otherwise, as prescribedby law. [Art. 3, Sec. 3, Consti ]

• Rationale: • What is sought to be guarded is man’s

prerogative to choose who is allowed entry

to his residence. His privacy must not bedisturbed by the government except incases of overriding social need, and thenonly under the stringent proceduralsafeguards. [Villanueva v. Querubin(1972) ]

] 1) Any court within whose territorial jurisdiction a

crime was committed.2) For compelling reasons stated in the

application:a) If the place of the commission of the crime

is known, any court within the judicialregion where the crime was committed.

b) Any court within the judicial region wherethe warrant shall be enforced.

WHEN TO ISSUE SW• If the judge is satisfied of the existence of facts

upon which the application is based or thatthere is PC to believe that they exist, he shallissue the SW. [Rule 126, Sec. 6 ]

• In issuing or not issuing SWs, judges actaccording to the evidence presented to them,and orders of the judge on the matter are notfinal and do not constitute res judicata. • Denial of SW on ground of insufficiency of

deposition is not a bar to furtherproceedings.

• Issuance of SW is not res judicata as to theright to the SW. [Cruz v. Dinglasan (1949) ]

WHAT MAY BE SEIZED [Rule 126, Sec. 3 ] 1) Personal property subject of the offense.2) Personal property stolen/embezzled and other

proceeds/fruits of the offense.3) Personal property used or intended to be used

as the means of committing an offense.

• Personal property only. SW does not issue forseizure of immovable properties.• Ownership of the property seized is immaterial.

It is sufficient that the person against whomSW is directed has control/possession of theproperty. [Burgos v. Chief of Staff (1984) ]

REQUISITES FOR ISSUING SW [Rule 126, Sec. 4 ] 1) There is PC in connection with a specific

offense.

2) The PC is determined personally by the judge.3) He determines this through examination underoath/affirmation of the complainant and thewitness he may produce.

4) SW particularly describes the place to besearched and the things to be seized which


• It does not mean absolute certainty. Innocenceof a party, whether merely proclaimed or real

2) The general description of thedocuments listed in the SW does not



p y, y pdoes not necessarily preclude a finding of PC.[DOH v. Sy Chi Siong (1989) ]

• Existence of PC depends on sound judgment

and discretion of the judge [US v. Ocampo(1910) ], a function he cannot delegate to theapplicant or anyone else. [Pasion v. Locsin(1938) ]

PARTICULAR DESCRIPTION

• Purpose: To limit the things to be seized tothose (and only those) particularly described in

the SW, leaving the officers no discretionregarding what articles they shall seize, to theend that unreasonable searches and seizuresmay not be made and that abuses may not becommitted. [Uy Kheytin v. Villareal (1920) ]

DESCRIPTION OF PLACE• Description of place to be searched is

sufficient if the officer with the SW can, withreasonable efforts, ascertain and identify the

place intended. [People v. Veloso (1925) ] • An apparent typographical error will not

necessarily invalidate the SW. [Burgos v. Chief of Staff (1984) ]

• TEST OF PARTICULARITY – That theexecuting officer’s prior knowledge as to theplace intended in the SW is relevant. Thiswould seem especially true where theexecuting officer is the affiant on whoseaffidavit the SW had issued, and when he

knows that the judge who issued the SWintended the building described in theaffidavit. And it has also been said that theexecuting officer may look to the affidavit inthe official court file to resolve an ambiguity inthe SW as to the place to be searched.[Burgos v. Chief of Staff (1984) ]

DESCRIPTION OF PROPERTY• General rule: Things to be seized must be

described particularly. General SWs are notallowed.• SWs authorizing the seizure of books of

accounts and records “showing all thebusiness transactions” of certain persons,regardless of whether the transactions

render the SW void if the SW isseverable, and those items notparticularly described may be cut off

without destroying the whole SW. [Uy v. BIR (2001) ]

OFFENSE ALLEGED MUST BE SPECIFIC• General rule: The offense alleged must be

specific as to enable the judge to find theexistence of a PC.• Definite provisions of the allegedly violated

laws must be referred to.• No SW shall issue for more than one

specific offense. [RPC] • A SW issued for an “illegal traffic of

narcotics and contraband” is fatallydefective. The latter is a generic termcovering all goods exported from orimported in the country contrary toapplicable statutes. Necessarily then, morethan one offense could arise from theactivity designated as illegal traffic of

narcotics and contraband. [Castro v.Pabalan (1976) ] • Exception: In People v. Marcos (1990),

the SW was declared valid despite lack of mention of specific offense because theapplication stated that the owner of thegrocery store against whom warrant wasdirected, had in his possessionunadulterated stocks in violation of theprovisions Art. 188 and 199, RPC, which

are closely allied articles as the punishableacts defined in one of them can beconsidered as including or is necessarilyincluded in the other.

EXAMINATION OF COMPLAINANT [Rule 126,

Sec. 5 ]

• Before issuing the warrant, the judge mustpersonally examine the complainant and the

witnesses he may produce.• The judge shall do so in the form of searching

questions and answers.• The questions and answers must be in writing

and under oath.• Facts testified on must be personally known to


• The statement as to the time of the allegedoffense must be clear and definite and must

Only the court that issued the SW mayorder revocation of SW or release of things



not be too remote from the time of the takingof an affidavit and the issuance of the SW.[Asian Surety v. Herrera (1973) ]

• The nearer the time at which the observation of the offense is alleged to have been made, themore reasonable the conclusion of PC. [AsianSurety v. Herrera (1973) ]

• Testimony of witnesses is not necessary if thetestimony of the complainant is sufficient.[Alvarez v. CFI (1937) ]

INSTANCES OF INVALID EXAMINATION• The complainant’s application for SW and the

witness’ printed-form deposition weresubscribed and sworn to before the judge, butthe latter did not ask either of the two anyquestion, the answer to which could possibly bethe basis for determining WON there was PC. Itcannot be said that the judge personallyconducted the personal examination required.[Bache v. Ruiz (1971) ]

• In reading of the TSN of the deposition of the

applicant and his witnesses taken by the clerkof court, the judge was not able to observe thedeponent’s demeanor nor to propound initialand follow-up questions. [Bache v. Ruiz (1971) ]

• Where judge issuing the SW acted solely on thebasis of the affidavits of the complainant andhis witnesses, which were sworn to beforeanother judge, without personally asking thewitnesses questions. [Doce v. CFI (1968) ]

INSTANCES OF VALID EXAMINATION• The validity of the SW and the affidavits is not

impaired by the fact that they are pre-typewritten by law enforcement agents, as longas they are sworn and subscribed to before the

judge.• In Luna v. Plaza (regarding warrants of arrests

but applicable by analogy), the SC said that thelaw is complied with where the judge adopts as

his own personal examination the questionsasked by the police investigator, as appearingin the written sworn statements, which the

judge read over again to the witnesses,whether said answers were his, and whethersaid answers were true, to which the witnesses

seized. [Pagkalinawan v. Gomez (1967) ] • Exception: Where the SW is issued by

one court and the criminal action based

on the results of the search isafterwards filed in another court, themotion may be filed in either court.[People v. CA (1999) ]

• What may be raised in the MTQ: Only theissues of existence or non-existence of PCat the time of the SW’s issuance,compliance with requisites.• Matters of defense are to be raised in

the criminal action. [DOH v. Sy Chi Siong (1989) ]

4) File a motion to return seized things.• This is the remedy used if the search was

already conducted and goods were seizedas a consequence thereof.

• Where the motion will be filed follows thesame rules as #3.

WHERE TO FILE MTQ THE SW OR SUPPRESS

EVIDENCE THEREBY[Rule 126, Sec. 14 ]

Where to file

If criminal action hasbeen filed

Court where the action hasbeen instituted

If no criminal action hasbeen instituted

Court that issued SW

If no criminal action isfiled and motion is firstfiled with the court thatissued the SW, but itfailed to resolve themotion and a criminalcase is subsequently filedin another court

Court where thesubsequent criminal actionhas been instituted

WHO MAY AVAIL REMEDIES• SW’s illegality may be contested only by the

party whose rights have been impairedthereby. It cannot be availed by 3rd parties.[Lim v. Ponce de Leon]

• Hence when a corporation’s documents were


the accused was still pending, the goods shouldbe returned to the buyer. The buyer is entitledt i f d til tit ti i

unreasonably refused admittance or, havingbeen admitted thereto, was unlawfully detainedth i



to possession of goods until restitution isordered by the court in the criminal case. [Yuv. Honrado (1980) ]

WAIVER OF IMMUNITY AGAINST UNREASONABLESEARCHES AND SEIZURE [Pasion v Locsin (1938) ] • The constitutional immunity against

unreasonable searches and seizure is apersonal right that may be waivedexpressly/impliedly.

• Waiver cannot be made just by anyone, exceptthe person whose right is being invaded or onewho is expressly authorized to do so in hisbehalf.

• Requisites of a valid waiver:1) It must appear that the right exists;2) That the person involved had knowledge,

(actual or constructive) of the existence of such right;

3) That the person had an actual intention torelinquish the right.

FORM OF SW

• SW must be substantially in the formprescribed by the ROC. [Rule 126, Sec. 6 ]

• SW must be in writing and contain:1) Name of person against whom it is

directed;2) Offense for which it was issued;3) The place to be searched and the specific

things to be seized;

4) A directive to law enforcement officers tosearch and seize;5) And for them to bring in court the things

seized;6) Signature of the judge issuing it.

DIPLOMATIC OFFICERS

• SW cannot issue against diplomatic officers.The law declares as null and voidwrits/processes issued against ambassadorsand ministers. [RA 75]

• A judge acts without jurisdiction and with GADif he refuses to order the quashal of a SWissued by him in disregard of a foreign visitor’sdiplomatic immunity [WHO v Aquino (1972)]

therein.

SEARCH MADE IN THE PRESENCE OF 2 WITNESSES

[Rule 126, Sec. 8] • Search of a house/room/premises shall be

made in the presence of the lawful occupantthereof or any member of his family.

• But in their absence, 2 witnesses of sufficientage and discretion residing in the same localitymust be present.

• This requirement is mandatory. Non-compliance subjects the public officer to a suitunder Art. 130, RPC.

TIME OF MAKING SEARCH [Rule 126, Sec. 9 ] • General rule: The SW must direct that it be

served in the day time.• DAYTIME — That portion of the 24 hours

in which a man’s person and countenanceare distinguishable.

• Exception: If the affidavit asserts that theproperty is on the person or in the place

ordered to be searched, a direction may beinserted that it be served at any time of theday/night.

• A SW violates Rule 126, Sec. 9 if the timefor making the search is left blank, thusenabling the officers to conduct the searchin the evening of the appointed search.[Asian Surety v. Herrera ]

• Where a search is to be made during the nighttime, the authority for executing the same at

that time should appear in the directive on theface of the SW. [Asian Surety v. Herrera ]

SW’S EXPIRATION

• A SW shall be valid for 10 days from its date.Thereafter, it shall be void. [Rule 126, Sec. 10 ]

• General rule: A SW can be used only once;thereafter, it functus oficio. [Uy Kheytin v.Villareal ] • It cannot be used everyday for 10 days; or

for a different purpose everyday, and afterthe articles for which the SW has beenissued have been seized, the same SWcannot be used as authority to makeanother search.


found the seized property

• Searching the person arrested, in order tofind and seize things connected w/ thecrime as its fruits or the means by w/c it



RETURN OF SW AND

INVENTORY/DELIVERY OF SEIZEDPROPERTY [Rule 126, Sec. 3 ]

1) The officer must forthwith deliver the propertyseized to the judge who issued the SW. A trueinventory thereof duly verified under oath shallbe attached• Goods seized remain under the court’s

custody until institution of the appropriate

criminal action with the proper court.[Tenorio v. CA] 2) 10 days after SW’s issuance, the issuing judge

shall ascertain if the return has been made.a) If no return was made, the judge shall

summon the person to whom the SW wasissued and require him to explain why noreturn was made.

b) If the return has been made, the judgeshall ascertain WON rule 126, Sec. 11 has

been complied with and shall require thatthe property seized be delivered to him.The judge shall see to it that #1 has beencomplied with.

3) The return on the SW shall be filed and kept bythe custodian of the log book on SWs who shallenter therein the date of the return, the result,and other actions of the judge.

• A violation of this section shall constitutecontempt of court.

REMEDY FOR CONFLICTING CLAIMS ON

SEIZED PROPERTY [Chua v. CA (1993) ]

1) Where personal property is seized under a SW,and there is reason to believe that the seizurewill not anymore be followed by the filing of acriminal action, and there are conflicting claimsover the seized property:• Remedies:a) Filing of an action for replevin;

b) Interpleader filed by the government inthe proper court (not necessarily thesame one which issued the SW).

2) If there is still a probability that seizure will be

crime as its fruits or the means by w/c itwas committed.

• Searching the place where the arrest was

made.• In People v. Leangsiri, the accused were

lawfully arrested in Rm 504 of a hotel and awarrantless search was conducted in Rm413. The search was held to be illegal.

• In Chimel v. California, the US SC said thatthere is no justification for searchingthrough all of the desks drawers or otherclosed and concealed areas in the roomwhere arrest was made. SW was needed.

• When one is legally arrested for an offense,whatever is found in his possession/controlmay be seized and used in evidence againsthim. [Alvero v Dizon (1946) ]

• Where the arrest was illegal, then searchand seizure incidental thereto are alsoillegal. [People v. Aruta (1998) ]

• Where a search is first undertaken, and anarrest was effected based on evidence

produced by such search, both search andarrest are illegal. [Lui v. Matillano (2004) ]

2. SEARCH OF MOVINGVEHICLES

• Search and seizure without warrant of vesseland aircrafts for violation of customs laws hasbeen a traditional exception to the requirementof SW. [Roldan v. Hon. Arca (1975) ]

• Rationale: The vessel can be quickly movedout of the locality before warrant can besecured.

• Nonetheless, in all cases falling under thiscategory, there must be a showing of a PC of aviolation of the law. [Caroll v. US (1924) ]

• Where a vehicle is stopped and subjected to anextensive search, the warrantless search isvalid only as long as the officers conducting thesearch have reasonable or probable cause tobelieve before the search that they will find theinstrumentality/evidence pertaining to a crime,in the vehicle to be searched. [People v. CFI (1980) ]

SEARCHES CONDUCTED IN CHECKPOINTS [People


• Rationale: Authorities do not consider a mereobservation of what is in plain view, a search.

• Thus objects falling in the plain view of a

same way that the specifications of a warrantlimit the search pursuant thereto.

Officers may not use a person’s limited



• Thus, objects falling in the plain view of apolice officer who has a right to be in theposition to have that view are not products of a

search, may be seized and may be introducedin evidence. [Harris v. US (1968) ]

• Requisites: [People v. Valdez (1999) ] 1) A prior valid intrusion based on the valid

warrantless arrest in which the police arelegally present in the pursuit of their officialduties.

2) Evidence was inadvertently discovered bythe police who have a right to be wherethey are.

3) Evidence must be immediately apparent.4) Plain view justified mere seizure of

evidence without further search.• Limitations: [People v. Musa (1993) ]

• It may not be used to launch unbridledsearches and indiscriminate seizures.

• It does not extend to a general exploratorysearch made solely to find evidence of defendant’s guilt.

• The doctrine is usually applied where apolice officer is not searching for evidenceagainst the accused, but nonethelessinadvertently comes across anincriminating object.

• Even if an object is in plain view, before itcan be seized without a SW, itsincriminating nature must first be apparent.

• Where police officers are on the premisespursuant to a valid consent to a search, an

item falling into their plain view may properlybe seized even if the item is not connected withtheir purpose in entering.

4. SEARCH IN CONNECTION

WITH ENFORCEMENT OFCUSTOMS LAWS

• For the enforcement of customs duties and

tariff laws, the Collector of Customs isauthorized to effect searches and seizure.[General Travel Services v. David (1966) ]

• The Tariff Code authorizes customs officers to:• Enter, pass through or search any land,

enclosure, warehouse;

Officers may not use a person s limitedconsented to get inside his home and conduct ageneral search.

• The US SC said that a search for a stolen TVset cannot extend to search of individual’sother papers and documents.• On the other hand, where there is a nexus

between the crime for which the evidenceis sought and the item that is seized, thereis no abuse of the consent to a search.

6. STOP AND FRISK THEORY

• STOP AND FRISK — A limited protectivesearch of outer clothing for weapon. [Malacat v. CA (1997) ]

• Where a police officer observes unusualconduct which leads him reasonably toconclude in the light of his experience thatcriminal activity may be afoot, and that aperson with whom he is dealing may be armedand presently dangerous, where in the course

of investigating this behavior he identifieshimself as a policeman and makes reasonableinquiry, and where nothing in the initial stageof the encounter serves to dispel his reasonablefear for his own or others’ safety, he is entitledfor the protection of himself and others in thearea to conduct a carefully limited search of outer clothing of such persons in an attempt todiscover weapons which might be used toassault him. [Terry v. Ohio ]

• Under this theory, PC is not required to conducta “stop and frisk” but, nevertheless, meresuspicion/hunch will not validate a “stop andfrisk”.

• A genuine reason must exist, in light of thepolice officer’s experience and surroundingcondition, to warrant the belief that the personhas weapons concealed about him.

7. EXIGENT AND EMERGENCY

CIRCUMSTANCES

• There was a prevailing general chaos anddisorder because of an ongoing coup, and theraid of the office/building was precipitated by


XVI. PROVISIONAL REMEDIES



AVAILABILITY

• Provisional remedies in civil actions, insofar asthey are applicable, may be availed of inconnection with the civil action deemedinstituted with the criminal action. [Rule 127,Sec. 1 ]

• If the civil action is suspended on account of filing of the criminal action: The court withwhich the civil case is filed is not therebydeprived of its authority to issue auxiliary writs

that do not go into the merits of the case.[Ramcar Inc. v. de Leon]

WHEN NOT AVAILABLE1) Criminal action carries with it no civil liability;2) Offended party has reserved the civil claim;3) Offended party has waived the civil claim;4) Offended party has already instituted a

separate civil action.

WHEN ATTACHMENT IS PROPER [Rule 127, Sec. 2 ] • When the civil action is properly instituted in

the criminal action, the offended party mayhave the property of the accused attached assecurity for the satisfaction of any judgmentthat may be recovered from the accused in thefollowing cases:1) When the accused is about to abscond from

the Philippines.2) When criminal action is based on a claim

for money/property embezzled orfraudulently misapplied or converted to theuse of the accused who is apublic/corporate officer, attorney, factor,broker, agent or clerk, in the course of hisemployment as such, or by any otherperson in a fiduciary capacity, or for awillful violation of duty.

3) When the accused has

concealed/removed/disposed of hisproperty, or is about to do so.4) When the accused resides outside the

Philippines.

NOTICE AND HEARING


ARRAIGNMENT TO FINALTY OF JUDGMENTRules 116 - 121



1 0 0 % U P L A W1 0 0 % U P L A W1 0 0 % U P L A W1 0 0 % U P L A W U P B A R O P S 2 0 0 8 Page 64 of 65

MOTION TO QUASH

amend

deny

Duty of TC

go to trial withoutprejudice to present

special defensesinvoked in motion

inform of right to have own counsel

ask whether he desires aid of counselgrant reasonable time to do so or assigncounsel de officio

ARRAIGNMENT

w/in 30 days from timecourt acquires jurisdictionover accused

MOTION FOR SUSPENSIONOF ARRAIGNMENT

furnish with copy of complaint or information

read in language or dialect known to himask whether he pleads guilty or not guilty

PLEA

refuse/ conditional:enter not guilty

guilty:may be withdrawnbefore judgmentbecomes final

not guilty:

15 days to prepare for trial

PRE-TRIAL CONFERENCE

w/in 30 days from timecourt acquires jurisdictionover accused

ISSUANCE OFPRE-TRIAL ORDER

COMMENCEMENT OF TRIALw/in 30 days from receipt of

pre-trial orderw/in 80 days from arraignmentterminate w/in 180 days

PROSECUTIONEVIDENCE

DEFENSEEVIDENCE

REBUTTAL/ SUR-REBUTTALProsecution then Defense

SUBMISSION

grant

MOTION FOR BILLOF PARTICULARS

MOTION FORPRODUCTION/INSPECTION

PROVISIONAL DISMISSALw/ consent of accused

MOTION TO DISMISSdenial of right to speedy trialDEMURRER grantdeny

w/o leave

w/ leave

MOTION FOR POSTPONEMENT

PROMULGATIONOf Judgment

ENTRYOf Judgment

ACQUITTALfinal & executory

Arguments /Memoranda

REOPENINGOf Trial

MODIFICATIONOf Judgment

MOTION FORNEW TRIAL/ RECONSIDERATIONw/in 15 days from promulgation

denygrant: terminate w/in 30 days

acquit

convict:new 15-daypd to appeal

deny

grant: commence w/in 30 days

APPEAL15 days frompromulgation

CONVICTION


APPEAL Where: RTCIn cases decided by the MTC, MetroTC, MCTC

How: Ordinary appeal

By notice of appeal filed with the court that rendered the decision andto adverse party



1 0 0 % U P L A W1 0 0 % U P L A W1 0 0 % U P L A W1 0 0 % U P L A W U P B A R O P S 2 0 0 8 Page 65 of 65

Where: CAIn cases decided by the RTC when there are questions of both factand law

Where: SCIn cases decided by the RTC when only questions of law areinvolved

Where: SCWhen the death penalty is imposed in a lower court and the CAaffirmed

Where: SCIn cases decided by the CA

to adverse party

How: Petition for Review (Rule 42)In cases decided by the RTC in itsappellate jurisdiction

How: Ordinary Appeal

By notice of appeal filed rendered the decision and adverse party

Where: CAWhen the death penalty is imposed by the RTC

Where: SC

in criminal cases involving offenses for which the penalty imposedis reclusion perpetua or life imprisonment

and those other offense, which, although not so punished, aroseout of the same occurence or which may have been committed bythe accused on the same occasion, as that giving rise to the more

serious offense

How: Petition fo r Review on Certiorar

How: Automatic ReviewNo notice required

How: Ordinary Appeal

By notice of appeal filed with the court that rendered thedecision and by service of copy to adverse party

How: Petition fo r Review on Certiorari

How: Automatic ReviewNo notice required

Documents

19398897 Barops08 Rem Crimpro