RULE 110 offended party, who is a minor, fails to file the

Prosecution of Offenses complaint, her parents, grandparents, or guardian may

file the same. The right to file the action granted to
Section 1. Institution of criminal actions. — Criminal parents, grandparents or guardian shall be exclusive of
actions shall be instituted as follows: all other persons and shall be exercised successively in
the order herein provided, except as stated in the
(a) For offenses where a preliminary preceding paragraph.
investigation is required pursuant to section 1
of Rule 112, by filing the complaint with the No criminal action for defamation which consists in the
proper officer for the purpose of conducting the imputation of the offenses mentioned above shall be
requisite preliminary investigation. brought except at the instance of and upon complaint
filed by the offended party. (5a)
(b) For all other offenses, by filing the
complaint or information directly with the The prosecution for violation of special laws shall be
Municipal Trial Courts and Municipal Circuit governed by the provisions thereof. (n)
Trial Courts, or the complaint with the office of
the prosecutor. In Manila and other chartered Section 6. Sufficiency of complaint or information. —
cities, the complaint shall be filed with the A complaint or information is sufficient if it states the
office of the prosecutor unless otherwise name of the accused; the designation of the offense
provided in their charters. given by the statute; the acts or omissions complained
of as constituting the offense; the name of the
The institution of the criminal action shall interrupt the offended party; the approximate date of the
running period of prescription of the offense charged commission of the offense; and the place where the
unless otherwise provided in special laws. (1a) offense was committed.

Section 2. The Complaint or information. — The When an offense is committed by more than one
complaint or information shall be in writing, in the person, all of them shall be included in the complaint
name of the People of the Philippines and against all or information. (6a)
persons who appear to be responsible for the offense
involved. (2a) Section 7. Name of the accused. — The complaint or
information must state the name and surname of the
Section 3. Complaint defined. — A complaint is a accused or any appellation or nickname by which he
sworn written statement charging a person with an has been or is known. If his name cannot be
offense, subscribed by the offended party, any peace ascertained, he must be described under a fictitious
officer, or other public officer charged with the name with a statement that his true name is unknown.
enforcement of the law violated. (3)
If the true name of the accused is thereafter disclosed
Section 4. Information defined. — An information is an by him or appears in some other manner to the court,
accusation in writing charging a person with an such true name shall be inserted in the complaint or
offense, subscribed by the prosecutor and filed with information and record. (7a)
the court. (4a)
Section 8. Designation of the offense. — The
Section 5. Who must prosecute criminal actions. — All complaint or information shall state the designation of
criminal actions commenced by a complaint or the offense given by the statute, aver the acts or
information shall be prosecuted under the direction omissions constituting the offense, and specify its
and control of the prosecutor. However, in Municipal qualifying and aggravating circumstances. If there is no
Trial Courts or Municipal Circuit Trial Courts when the designation of the offense, reference shall be made to
prosecutor assigned thereto or to the case is not the section or subsection of the statute punishing it.
available, the offended party, any peace officer, or (8a)
public officer charged with the enforcement of the law
violated may prosecute the case. This authority cease Section 9. Cause of the accusation. — The acts or
upon actual intervention of the prosecutor or upon omissions complained of as constituting the offense
elevation of the case to the Regional Trial Court.        and the qualifying and aggravating circumstances
(This Section was repealed by  A.M. No. 02-2-07-SC  effective May 1, 2002)
must be stated in ordinary and concise language and
not necessarily in the language used in the statute but
The crimes of adultery and concubinage shall not be in terms sufficient to enable a person of common
prosecuted except upon a complaint filed by the understanding to know what offense is being charged
offended spouse. The offended party cannot institute as well as its qualifying and aggravating circumstances
criminal prosecution without including the guilty and for the court to pronounce judgment. (9a)
parties, if both alive, nor, in any case, if the offended
party has consented to the offense or pardoned the Section 10. Place of commission of the offense. — The
offenders. complaint or information is sufficient if it can be
understood from its allegations that the offense was
The offenses of seduction, abduction and acts of committed or some of the essential ingredients
lasciviousness shall not be prosecuted except upon a occurred at some place within the jurisdiction of the
complaint filed by the offended party or her parents, court, unless the particular place where it was
grandparents or guardian, nor, in any case, if the committed constitutes an essential element of the
offender has been expressly pardoned by any of them. offense or is necessary for its identification. (10a)
If the offended party dies or becomes incapacitated
before she can file the complaint, and she has no Section 11. Date of commission of the offense. — It is
known parents, grandparents or guardian, the State not necessary to state in the complaint or information
shall initiate the criminal action in her behalf. the precise date the offense was committed except
when it is a material ingredient of the offense. The
The offended party, even if a minor, has the right to offense may be alleged to have been committed on a
initiate the prosecution of the offenses of seduction, date as near as possible to the actual date of its
abduction and acts of lasciviousness independently of commission. (11a)
her parents, grandparents, or guardian, unless she is
incompetent or incapable of doing so. Where the
Section 12. Name of the offended party. — The of the first port of entry or of any municipality
complaint or information must state the name and or territory where the vessel passed during
surname of the person against whom or against whose such voyage, subject to the generally accepted
property the offense was committed, or any appellation principles of international law.
or nickname by which such person has been or is
known. If there is no better way of identifying him, he (d) Crimes committed outside the Philippines
must be described under a fictitious name. but punishable under Article 2 of the Revised
Penal Code shall be cognizable by the court
(a) In offenses against property, if the name of where the criminal action is first filed. (15a)
the offended party is unknown, the property
must be described with such particularity as to Section 16. Intervention of the offended party in
properly identify the offense charged. criminal action. — Where the civil action for recovery of
civil liability is instituted in the criminal action pursuant
(b) If the true name of the of the person to Rule 111, the offended party may intervene by
against whom or against whose properly the counsel in the prosecution of the offense. (16a)
offense was committed is thereafter disclosed
or ascertained, the court must cause the true RULE 111
name to be inserted in the complaint or Prosecution of Civil Action
information and the record.
Section 1. Institution of criminal and civil
(c) If the offended party is a juridical person, it actions. — (a) When a criminal action is instituted, the
is sufficient to state its name, or any name or civil action for the recovery of civil liability arising from
designation by which it is known or by which it the offense charged shall be deemed instituted with
may be identified, without need of averring the criminal action unless the offended party waives
that it is a juridical person or that it is the civil action, reserves the right to institute it
organized in accordance with law. (12a) separately or institutes the civil action prior to the
criminal action.
Section 13. Duplicity of the offense. — A complaint or
information must charge but one offense, except when The reservation of the right to institute separately the
the law prescribes a single punishment for various civil action shall be made before the prosecution starts
offenses. (13a) presenting its evidence and under circumstances
affording the offended party a reasonable opportunity
Section 14. Amendment or substitution. — A to make such reservation.
complaint or information may be amended, in form or
in substance, without leave of court, at any time before When the offended party seeks to enforce civil liability
the accused enters his plea. After the plea and during against the accused by way of moral, nominal,
the trial, a formal amendment may only be made with temperate, or exemplary damages without specifying
leave of court and when it can be done without causing the amount thereof in the complaint or information, the
prejudice to the rights of the accused. filing fees thereof shall constitute a first lien on the
judgment awarding such damages.
However, any amendment before plea, which
downgrades the nature of the offense charged in or Where the amount of damages, other than actual, is
excludes any accused from the complaint or specified in the complaint or information, the
information, can be made only upon motion by the corresponding filing fees shall be paid by the offended
prosecutor, with notice to the offended party and with party upon the filing thereof in court.
leave of court. The court shall state its reasons in
resolving the motion and copies of its order shall be Except as otherwise provided in these Rules, no filing
furnished all parties, especially the offended party. (n) fees shall be required for actual damages.

If it appears at any time before judgment that a No counterclaim, cross-claim or third-party complaint
mistake has been made in charging the proper offense, may be filed by the accused in the criminal case, but
the court shall dismiss the original complaint or any cause of action which could have been the subject
information upon the filing of a new one charging the thereof may be litigated in a separate civil action. (1a)
proper offense in accordance with section 19, Rule 119,
provided the accused shall not be placed in double
jeopardy. The court may require the witnesses to give (b) The criminal action for violation of Batas Pambansa
bail for their appearance at the trial. (14a) Blg. 22 shall be deemed to include the corresponding
civil action. No reservation to file such civil action
separately shall be allowed.
Section 15. Place where action is to be instituted. —
Upon filing of the aforesaid joint criminal and civil
(a) Subject to existing laws, the criminal action actions, the offended party shall pay in full the filing
shall be instituted and tried in the court of the fees based on the amount of the check involved, which
municipality or territory where the offense was shall be considered as the actual damages claimed.
committed or where any of its essential Where the complaint or information also seeks to
ingredients occurred. recover liquidated, moral, nominal, temperate or
exemplary damages, the offended party shall pay
(b) Where an offense is committed in a train, additional filing fees based on the amounts alleged
aircraft, or other public or private vehicle while therein. If the amounts are not so alleged but any of
in the course of its trip, the criminal action shall these damages are subsequently awarded by the
be instituted and tried in the court of any court, the filing fees based on the amount awarded
municipality or territory where such train, shall constitute a first lien on the judgment.
aircraft or other vehicle passed during such its
trip, including the place of its departure and Where the civil action has been filed separately and
arrival. trial thereof has not yet commenced, it may be
consolidated with the criminal action upon application
(c) Where an offense is committed on board a with the court trying the latter case. If the application
vessel in the course of its voyage, the criminal is granted, the trial of both actions shall proceed in
action shall be instituted and tried in the court accordance with section 2 of this Rule governing
consolidation of the civil and criminal actions. (cir. 57- Section 5. Judgment in civil action not a bar. — A final
97) judgment rendered in a civil action absolving the
defendant from civil liability is not a bar to a criminal
Section 2. When separate civil action is suspended. — action against the defendant for the same act or
After the criminal action has been commenced, the omission subject of the civil action. (4a)
separate civil action arising therefrom cannot be
instituted until final judgment has been entered in the Section 6. Suspension by reason of prejudicial
criminal action. question. — A petition for suspension of the criminal
action based upon the pendency of a prejudicial
If the criminal action is filed after the said civil action question in a civil action may be filed in the office of
has already been instituted, the latter shall be the prosecutor or the court conducting the preliminary
suspended in whatever stage it may be found before investigation. When the criminal action has been filed
judgment on the merits. The suspension shall last until in court for trial, the petition to suspend shall be filed in
final judgment is rendered in the criminal action. the same criminal action at any time before the
Nevertheless, before judgment on the merits is prosecution rests. (6a)
rendered in the civil action, the same may, upon
motion of the offended party, be consolidated with the Section 7. Elements of prejudicial question. — The
criminal action in the court trying the criminal action. elements of a prejudicial question are: (a) the
In case of consolidation, the evidence already adduced previously instituted civil action involves an issue
in the civil action shall be deemed automatically similar or intimately related to the issue raised in the
reproduced in the criminal action without prejudice to subsequent criminal action, and (b) the resolution of
the right of the prosecution to cross-examine the such issue determines whether or not the criminal
witnesses presented by the offended party in the action may proceed. (5a)
criminal case and of the parties to present additional
evidence. The consolidated criminal and civil actions RULE 112
shall be tried and decided jointly. Preliminary Investigation

During the pendency of the criminal action, the running Section 1. Preliminary investigation defined; when
of the period of prescription of the civil action which required. — Preliminary investigation is an inquiry or
cannot be instituted separately or whose proceeding proceeding to determine whether there is sufficient
has been suspended shall be tolled. (n) ground to engender a well-founded belief that a crime
has been committed and the respondent is probably
The extinction of the penal action does not carry with it guilty thereof, and should be held for trial.
extinction of the civil action. However, the civil action
based on delict shall be deemed extinguished if there Except as provided in section 7 of this Rule, a
is a finding in a final judgment in the criminal action preliminary investigation is required to be conducted
that the act or omission from which the civil liability before the filing of a complaint or information for an
may arise did not exist. (2a) offense where the penalty prescribed by law is at least
four (4) years, two (2) months and one (1) day without
Section 3. When civil action may proceeded regard to the fine. (1a)
independently. — In the cases provided for in Articles
32, 33, 34 and 2176 of the Civil Code of the Philippines, Section 2. Officers authorized to conduct preliminary
the independent civil action may be brought by the investigations. —
offended party. It shall proceed independently of the
criminal action and shall require only a preponderance The following may conduct preliminary investigations:
of evidence. In no case, however, may the offended
party recover damages twice for the same act or
omission charged in the criminal action. (3a) (a) Provincial or City Prosecutors and their
assistants;
Section 4. Effect of death on civil actions. — The
death of the accused after arraignment and during the (b) Judges of the Municipal Trial Courts and
pendency of the criminal action shall extinguish the Municipal Circuit Trial Courts;
civil liability arising from the delict. However, the
independent civil action instituted under section 3 of (c) National and Regional State Prosecutors;
this Rule or which thereafter is instituted to enforce and
liability arising from other sources of obligation may be
continued against the estate or legal representative of (d) Other officers as may be authorized by law.
the accused after proper substitution or against said
estate, as the case may be. The heirs of the accused
may be substituted for the deceased without requiring Their authority to conduct preliminary investigations
the appointment of an executor or administrator and shall include all crimes cognizable by the proper court
the court may appoint a guardian ad litem for the in their respective territorial jurisdictions. (2a)
minor heirs.
Section 3. Procedure. — The preliminary investigation
The court shall forthwith order said legal shall be conducted in the following manner:
representative or representatives to appear and be
substituted within a period of thirty (30) days from
notice.

A final judgment entered in favor of the offended party

shall be enforced in the manner especially provided in
these rules for prosecuting claims against the estate of
the deceased.

If the accused dies before arraignment, the case shall

be dismissed without prejudice to any civil action the
offended party may file against the estate of the
deceased. (n)
(a) The complaint shall state the address of the Section 4. Resolution of investigating prosecutor and
respondent and shall be accompanied by the its review. — If the investigating prosecutor finds cause
affidavits of the complainant and his witnesses, to hold the respondent for trial, he shall prepare the
as well as other supporting documents to resolution and information. He shall certify under oath
establish probable cause. They shall be in such in the information that he, or as shown by the record,
number of copies as there are respondents, an authorized officer, has personally examined the
plus two (2) copies for the official file. The complainant and his witnesses; that there is
affidavits shall be subscribed and sworn to reasonable ground to believe that a crime has been
before any prosecutor or government official committed and that the accused is probably guilty
authorized to administer oath, or, in their thereof; that the accused was informed of the
absence or unavailability, before a notary complaint and of the evidence submitted against him;
public, each of who must certify that he and that he was given an opportunity to submit
personally examined the affiants and that he is controverting evidence. Otherwise, he shall
satisfied that they voluntarily executed and recommend the dismissal of the complaint.
understood their affidavits.
Within five (5) days from his resolution, he shall
(b) Within ten (10) days after the filing of the forward the record of the case to the provincial or city
complaint, the investigating officer shall either prosecutor or chief state prosecutor, or to the
dismiss it if he finds no ground to continue with Ombudsman or his deputy in cases of offenses
the investigation, or issue a subpoena to the cognizable by the Sandiganbayan in the exercise of its
respondent attaching to it a copy of the original jurisdiction. They shall act on the resolution
complaint and its supporting affidavits and within ten (10) days from their receipt thereof and shall
documents. immediately inform the parties of such action.

The respondent shall have the right to examine No complaint or information may be filed or dismissed
the evidence submitted by the complainant by an investigating prosecutor without the prior written
which he may not have been furnished and to authority or approval of the provincial or city
copy them at his expense. If the evidence is prosecutor or chief state prosecutor or the
voluminous, the complainant may be required Ombudsman or his deputy.
to specify those which he intends to present
against the respondent, and these shall be Where the investigating prosecutor recommends the
made available for examination or copying by dismissal of the complaint but his recommendation is
the respondent at his expense. disapproved by the provincial or city prosecutor or
chief state prosecutor or the Ombudsman or his deputy
Objects as evidence need not be furnished a on the ground that a probable cause exists, the latter
party but shall be made available for may, by himself, file the information against the
examination, copying, or photographing at the respondent, or direct any other assistant prosecutor or
expense of the requesting party. state prosecutor to do so without conducting another
preliminary investigation.
(c) Within ten (10) days from receipt of the
subpoena with the complaint and supporting If upon petition by a proper party under such rules as
affidavits and documents, the respondent shall the Department of Justice may prescribe or motu
submit his counter-affidavit and that of his proprio, the Secretary of Justice reverses or modifies
witnesses and other supporting documents the resolution of the provincial or city prosecutor or
relied upon for his defense. The counter- chief state prosecutor, he shall direct the prosecutor
affidavits shall be subscribed and sworn to and concerned either to file the corresponding information
certified as provided in paragraph (a) of this without conducting another preliminary investigation,
section, with copies thereof furnished by him to or to dismiss or move for dismissal of the complaint or
the complainant. The respondent shall not be information with notice to the parties. The same rule
allowed to file a motion to dismiss in lieu of a shall apply in preliminary investigations conducted by
counter-affidavit. the officers of the Office of the Ombudsman. (4a)

(d) If the respondent cannot be subpoenaed, or Section 5. Resolution of investigating judge and its
if subpoenaed, does not submit counter- review. — Within ten (10) days after the preliminary
affidavits within the ten (10) day period, the investigation, the investigating judge shall transmit the
investigating officer shall resolve the complaint resolution of the case to the provincial or city
based on the evidence presented by the prosecutor, or to the Ombudsman or his deputy in
complainant. cases of offenses cognizable by the Sandiganbayan in
the exercise of its original jurisdiction, for appropriate
(e) The investigating officer may set a hearing action. The resolution shall state the findings of facts
if there are facts and issues to be clarified from and the law supporting his action, together with the
a party or a witness. The parties can be record of the case which shall include: (a) the warrant,
present at the hearing but without the right to if the arrest is by virtue of a warrant; (b) the affidavits,
examine or cross-examine. They may, counter-affidavits and other supporting evidence of the
however, submit to the investigating officer parties; (c) the undertaking or bail of the accused and
questions which may be asked to the party or the order for his release; (d) the transcripts of the
witness concerned. proceedings during the preliminary investigation; and
(e) the order of cancellation of his bail bond, if the
resolution is for the dismissal of the complaint.
The hearing shall be held within ten (10) days
from submission of the counter-affidavits and
other documents or from the expiration of the Within thirty (30) days from receipt of the records, the
period for their submission. It shall be provincial or city prosecutor, or the Ombudsman or his
terminated within five (5) days. deputy, as the case may be, shall review the resolution
of the investigating judge on the existence of probable
cause. Their ruling shall expressly and clearly state the
(f) Within ten (10) days after the investigation, facts and the law on which it is based and the parties
the investigating officer shall determine shall be furnished with copies thereof. They shall order
whether or not there is sufficient ground to the release of an accused who is detained if no
hold the respondent for trial. (3a) probable cause is found against him. (5a)
Section 6. When warrant of arrest may issue. — to adduce evidence in his defense as provided in this
(a) By the Regional Trial Court. — Within ten (10) days Rule. (7a; sec. 2, R.A. No. 7438)
from the filing of the complaint or information, the
judge shall personally evaluate the resolution of the Section 8. Records. — (a) Records supporting the
prosecutor and its supporting evidence. He may information or complaint. — An information or
immediately dismiss the case if the evidence on record complaint filed in court shall be supported by the
clearly fails to establish probable cause. If he finds affidavits and counter-affidavits of the parties and their
probable cause, he shall issue a warrant of arrest, or a witnesses, together with the other supporting evidence
commitment order if the accused has already been and the resolution on the case.
arrested pursuant to a warrant issued by the judge who
conducted the preliminary investigation or when the
complaint or information was filed pursuant to section (b) Record of preliminary investigation. — The record
7 of this Rule. In case of doubt on the existence of of the preliminary investigation, whether conducted by
probable cause, the judge may order the prosecutor to a judge or a fiscal, shall not form part of the record of
present additional evidence within five (5) days from the case. However, the court, on its own initiative or on
notice and the issue must be resolved by the court motion of any party, may order the production of the
within thirty (30) days from the filing of the complaint record or any its part when necessary in the resolution
of information. of the case or any incident therein, or when it is to be
introduced as an evidence in the case by the
requesting party. (8a)
(b) By the Municipal Trial Court. — When required
pursuant to the second paragraph of section 1 of this
Rule, the preliminary investigation of cases falling Section 9. Cases not requiring a preliminary
under the original jurisdiction of the Metropolitan Trial investigation nor covered by the Rule on Summary
Court, Municipal Trial Court in Cities, Municipal Trial Procedure. —
Court, or Municipal Circuit Trial Court may be
conducted by either the judge or the prosecutor. When (a) If filed with the prosecutor. — If the
conducted by the prosecutor, the procedure for the complaint is filed directly with the prosecutor
issuance of a warrant or arrest by the judge shall be involving an offense punishable by
governed by paragraph (a) of this section. When the imprisonment of less four (4) years, two (2)
investigation is conducted by the judge himself, he months and one (1) day, the procedure
shall follow the procedure provided in section 3 of this outlined in section 3(a) of this Rule shall be
Rule. If the findings and recommendations are affirmed observed. The prosecutor shall act on the
by the provincial or city prosecutor, or by the complaint based on the affidavits and other
Ombudsman or his deputy, and the corresponding supporting documents submitted by the
information is filed, he shall issue a warrant of arrest. complainant within ten (10) days from its filing.
However, without waiting for the conclusion of the
investigation, the judge may issue a warrant of arrest if (b) If filed with the Municipal Trial Court. — If
he finds after an examination in writing and under oath the complaint or information is filed directly
of the complainant and his witnesses in the form of with the Municipal Trial Court or Municipal
searching question and answers, that a probable cause Circuit Trial Court for an offense covered by
exists and that there is a necessity of placing the this section, the procedure in section 3(a) of
respondent under immediate custody in order not to this Rule shall be observed. If within ten (10)
frustrate the ends of justice. days after the filing of the complaint or
information, the judge finds no probable cause
(c) When warrant of arrest not necessary. — A warrant after personally evaluating the evidence, or
of arrest shall not issue if the accused is already under after personally examining in writing and under
detention pursuant to a warrant issued by the oath the complainant and his witnesses in the
municipal trial court in accordance with paragraph (b) form of searching question and answers, he
of this section, or if the complaint or information was shall dismiss the same. He may, however,
filed pursuant to section 7 of this Rule or is for an require the submission of additional evidence,
offense penalized by fine only. The court shall then within ten (10) days from notice, to determine
proceed in the exercise of its original jurisdiction. (6a) further the existence of probable cause. If the
judge still finds no probable cause despite the
Section 7. When accused lawfully arrested without additional evidence, he shall, within ten (10)
warrant. — When a person is lawfully arrested without days from its submission or expiration of said
a warrant involving an offense which requires a period, dismiss the case. When he finds
preliminary investigation, the complaint or information probable cause, he shall issue a warrant of
may be filed by a prosecutor without need of such arrest, or a commitment order if the accused
investigation provided an inquest has been conducted had already been arrested, and hold him for
in accordance with existing rules. In the absence or trial. However, if the judge is satisfied that
unavailability of an inquest prosecutor, the complaint there is no necessity for placing the accused
may be filed by the offended party or a peace office under custody, he may issue summons instead
directly with the proper court on the basis of the of a warrant of arrest. (9a)
affidavit of the offended party or arresting officer or
person. RULE 113
Arrest
Before the complaint or information is filed, the person
arrested may ask for a preliminary investigation in Section 1. Definition of arrest. — Arrest is the taking
accordance with this Rule, but he must sign a waiver of of a person into custody in order that he may be bound
the provisions of Article 125 of the Revised Penal Code, to answer for the commission of an offense. (1)
as amended, in the presence of his counsel.
Notwithstanding the waiver, he may apply for bail and Section 2. Arrest; how made. — An arrest is made by
the investigation must be terminated within fifteen (15) an actual restraint of a person to be arrested, or by his
days from its inception. submission to the custody of the person making the
arrest.
After the filing of the complaint or information in court
without a preliminary investigation, the accused may, No violence or unnecessary force shall be used in
within five (5) days from the time he learns of its filing, making an arrest. The person arrested shall not be
ask for a preliminary investigation with the same right subject to a greater restraint than is necessary for his
detention. (2a)
Section 3. Duty of arresting officer. — It shall be the arrest has opportunity to so inform him, or when the
duty of the officer executing the warrant to arrest the giving of such information will imperil the arrest. (9a)
accused and to deliver him to the nearest police
station or jail without unnecessary delay. (3a) Section 10. Officer may summon assistance. — An
officer making a lawful arrest may orally summon as
Section 4. Execution of warrant. — The head of the many persons as he deems necessary to assist him in
office to whom the warrant of arrest was delivered for effecting the arrest. Every person so summoned by an
execution shall cause the warrant to be executed officer shall assist him in effecting the arrest when he
within ten (10) days from its receipt. Within ten (10) can render such assistance without detriment to
days after the expiration of the period, the officer to himself. (10a)
whom it was assigned for execution shall make a
report to the judge who issued the warrant. In case of Section 11. Right of officer to break into building or
his failure to execute the warrant, he shall state the enclosure. — An officer, in order to make an arrest
reasons therefor. (4a) either by virtue of a warrant, or without a warrant as
provided in section 5, may break into any building or
Section 5. Arrest without warrant; when lawful. — A enclosure where the person to be arrested is or is
peace officer or a private person may, without a reasonably believed to be, if he is refused admittance
warrant, arrest a person: thereto, after announcing his authority and purpose.
(11a)
(a) When, in his presence, the person to be
arrested has committed, is actually Section 12. Right to break out from building or
committing, or is attempting to commit an enclosure. — Whenever an officer has entered the
offense; building or enclosure in accordance with the preceding
section, he may break out therefrom when necessary
(b) When an offense has just been committed, to liberate himself. (12a)
and he has probable cause to believe based on
personal knowledge of facts or circumstances Section 13. Arrest after escape or rescue. — If a
that the person to be arrested has committed person lawfully arrested escapes or is rescued, any
it; and person may immediately pursue or retake him without
a warrant at any time and in any place within the
(c) When the person to be arrested is a Philippines. (13)
prisoner who has escaped from a penal
establishment or place where he is serving Section 14. Right of attorney or relative to visit
final judgment or is temporarily confined while person arrested. — Any member of the Philippine Bar
his case is pending, or has escaped while being shall, at the request of the person arrested or of
transferred from one confinement to another. another acting in his behalf, have the right to visit and
confer privately with such person in the jail or any
In cases falling under paragraph (a) and (b) above, the other place of custody at any hour of the day or night.
person arrested without a warrant shall be forthwith Subject to reasonable regulations, a relative of the
delivered to the nearest police station or jail and shall person arrested can also exercise the same right. (14a)
be proceeded against in accordance with section 7 of
Rule 112. (5a) RULE 114
Bail
Section 6. Time of making arrest. — An arrest may be
made on any day and at any time of the day or night. Section 1. Bail defined. — Bail is the security given for
(6) the release of a person in custody of the law, furnished
by him or a bondsman, to guarantee his appearance
before any court as required under the conditions
Section 7. Method of arrest by officer by virtue of hereinafter specified. Bail may be given in the form of
warrant. — When making an arrest by virtue of a corporate surety, property bond, cash deposit, or
warrant, the officer shall inform the person to be recognizance. (1a)
arrested of the cause of the arrest and of the fact that
a warrant has been issued for his arrest, except when
he flees or forcibly resists before the officer has Section 2. Conditions of the bail; requirements. — All
opportunity to so inform him, or when the giving of kinds of bail are subject to the following conditions:
such information will imperil the arrest. The officer
need not have the warrant in his possession at the (a) The undertaking shall be effective upon
time of the arrest but after the arrest, if the person approval, and unless cancelled, shall remain in
arrested so requires, the warrant shall be shown to him force at all stages of the case until
as soon as practicable. (7a) promulgation of the judgment of the Regional
Trial Court, irrespective of whether the case
Section 8. Method of arrest by officer without warrant. was originally filed in or appealed to it;
— When making an arrest without a warrant, the
officer shall inform the person to be arrested of his (b) The accused shall appear before the proper
authority and the cause of the arrest, unless the latter court whenever required by the court of these
is either engaged in the commission of an offense, is Rules;
pursued immediately after its commission, has
escaped, flees or forcibly resists before the officer has (c) The failure of the accused to appear at the
opportunity so to inform him, or when the giving of trial without justification and despite due notice
such information will imperil the arrest. (8a) shall be deemed a waiver of his right to be
present thereat. In such case, the trial may
Section 9. Method of arrest by private person. — proceed in absentia; and
When making an arrest, a private person shall inform
the person to be arrested of the intention to arrest him (d) The bondsman shall surrender the accused
and cause of the arrest, unless the latter is either to the court for execution of the final judgment.
engaged in the commission of an offense, is pursued
immediately after its commission, or has escaped,
flees, or forcibly resists before the person making the The original papers shall state the full name and
address of the accused, the amount of the undertaking
and the conditions herein required. Photographs
(passport size) taken within the last six (6) months offense punishable by reclusion perpetua or life
showing the face, left and right profiles of the accused imprisonment, shall be admitted to bail when evidence
must be attached to the bail. (2a) of guilt is strong, regardless of the stage of the criminal
prosecution. (7a)
Section 3. No release or transfer except on court
order or bail. — No person under detention by legal Section 8. Burden of proof in bail application. — At the
process shall be released or transferred except upon hearing of an application for bail filed by a person who
order of the court or when he is admitted to bail. (3a) is in custody for the commission of an offense
punishable by death, reclusion perpetua, or life
Section 4. Bail, a matter of right; exception. — All imprisonment, the prosecution has the burden of
persons in custody shall be admitted to bail as a showing that evidence of guilt is strong. The evidence
matter of right, with sufficient sureties, or released on presented during the bail hearing shall be considered
recognize as prescribed by law or this Rule (a) before automatically reproduced at the trial, but upon motion
or after conviction by the Metropolitan Trial Court, of either party, the court may recall any witness for
Municipal Trial Court, Municipal Trial Court in Cities, or additional examination unless the latter is dead,
Municipal Circuit Trial Court, and (b) before conviction outside the Philippines, or otherwise unable to testify.
by the Regional Trial Court of an offense not (8a)
punishable by death, reclusion perpetua, or life
imprisonment. (4a) Section 9. Amount of bail; guidelines. — The judge
who issued the warrant or granted the application shall
Section 5. Bail, when discretionary. — Upon fix a reasonable amount of bail considering primarily,
conviction by the Regional Trial Court of an offense not but not limited to, the following factors:
punishable by death, reclusion perpetua, or life
imprisonment, admission to bail is discretionary. The (a) Financial ability of the accused to give bail;
application for bail may be filed and acted upon by the
trial court despite the filing of a notice of appeal, (b) Nature and circumstances of the offense;
provided it has not transmitted the original record to
the appellate court. However, if the decision of the trial
court convicting the accused changed the nature of the (c) Penalty for the offense charged;
offense from non-bailable to bailable, the application
for bail can only be filed with and resolved by the (d) Character and reputation of the accused;
appellate court.
(e) Age and health of the accused;
Should the court grant the application, the accused
may be allowed to continue on provisional liberty (f) Weight of the evidence against the accused;
during the pendency of the appeal under the same bail
subject to the consent of the bondsman.
(g) Probability of the accused appearing at the
trial;
If the penalty imposed by the trial court is
imprisonment exceeding six (6) years, the accused
shall be denied bail, or his bail shall be cancelled upon (h) Forfeiture of other bail;
a showing by the prosecution, with notice to the
accused, of the following or other similar (i) The fact that accused was a fugitive from
circumstances: justice when arrested; and

(a) That he is a recidivist, quasi-recidivist, or (j) Pendency of other cases where the accused
habitual delinquent, or has committed the is on bail.
crime aggravated by the circumstance of
reiteration; Excessive bail shall not be required. (9a)

(b) That he has previously escaped from legal Section 10. Corporate surety. — Any domestic or
confinement, evaded sentence, or violated the foreign corporation, licensed as a surety in accordance
conditions of his bail without valid justification; with law and currently authorized to act as such, may
provide bail by a bond subscribed jointly by the
(c) That he committed the offense while under accused and an officer of the corporation duly
probation, parole, or conditional pardon; authorized by its board of directors. (10a)

(d) That the circumstances of his case indicate Section 11. Property bond, how posted. — A property
the probability of flight if released on bail; or bond is an undertaking constituted as lien on the real
property given as security for the amount of the bail.
(e) That there is undue risk that he may Within ten (10) days after the approval of the bond, the
commit another crime during the pendency of accused shall cause the annotation of the lien on the
the appeal. certificate of title on file with the Register of Deeds if
the land is registered, or if unregistered, in the
Registration Book on the space provided therefor, in
The appellate court may, motu proprio or on motion of the Registry of Deeds for the province or city where the
any party, review the resolution of the Regional Trial land lies, and on the corresponding tax declaration in
Court after notice to the adverse party in either case. the office of the provincial, city and municipal assessor
(5a) concerned.

Section 6. Capital offense defined. — A capital offense Within the same period, the accused shall submit to
is an offense which, under the law existing at the time the court his compliance and his failure to do so shall
of its commission and of the application for admission be sufficient cause for the cancellation of the property
to bail, may be punished with death. (6a) bond and his re-arrest and detention. (11a)

Section 7. Capital offense of an offense punishable by Section 12. Qualifications of sureties in property
reclusion perpetua or life imprisonment, not bailable. bond. — The qualification of sureties in a property bond
— No person charged with a capital offense, or an shall be as follows:
 (a) Each must be a resident owner of real city, or municipality other than where the case is
estate within the Philippines; pending, bail may also be filed with any regional trial
court of said place, or if no judge thereof is available,
(b) Where there is only one surety, his real with any metropolitan trial judge, municipal trial judge,
estate must be worth at least the amount of or municipal circuit trial judge therein.
the undertaking;
(b) Where the grant of bail is a matter of
(c) If there are two or more sureties, each may discretion, or the accused seeks to be released
justify in an amount less than that expressed in on recognizance, the application may only be
the undertaking but the aggregate of the filed in the court where the case is pending,
justified sums must be equivalent to the whole whether on preliminary investigation, trial, or
amount of bail demanded. on appeal.

In all cases, every surety must be worth the amount (c) Any person in custody who is not yet
specified in his own undertaking over and above all just charged in court may apply for bail with any
debts, obligations and properties exempt from court in the province, city, or municipality
execution. (12a) where he is held. (17a)

Section 13. Justification of sureties. — Every surety Section 18. Notice of application to prosecutor. — In
shall justify by affidavit taken before the judge that he the application for bail under section 8 of this Rule, the
possesses the qualifications prescribed in the court must give reasonable notice of the hearing to the
preceding section. He shall describe the property given prosecutor or require him to submit his
as security, stating the nature of his title, its recommendation. (18a)
encumbrances, the number and amount of other bails
entered into by him and still undischarged, and his Section 19. Release on bail. — The accused must be
other liabilities. The court may examine the sureties discharged upon approval of the bail by the judge with
upon oath concerning their sufficiency in such manner whom it was filed in accordance with section 17 of this
as it may deem proper. No bail shall be approved Rule.
unless the surety is qualified. (13a)
Whenever bail is filed with a court other than where
Section 14. Deposit of cash as bail. — The accused or the case is pending, the judge who accepted the bail
any person acting in his behalf may deposit in cash shall forward it, together with the order of release and
with the nearest collector or internal revenue or other supporting papers, to the court where the case is
provincial, city, or municipal treasurer the amount of pending, which may, for good reason, require a
bail fixed by the court, or recommended by the different one to be filed. (19a)
prosecutor who investigated or filed the case. Upon
submission of a proper certificate of deposit and a Section 20. Increase or reduction of bail. — After the
written undertaking showing compliance with the accused is admitted to bail, the court may, upon good
requirements of section 2 of this Rule, the accused cause, either increase or reduce its amount. When
shall be discharged from custody. The money increased, the accused may be committed to custody if
deposited shall be considered as bail and applied to he does not give bail in the increased amount within a
the payment of fine and costs while the excess, if any, reasonable period. An accused held to answer a
shall be returned to the accused or to whoever made criminal charge, who is released without bail upon
the deposit. (14a) filing of the complaint or information, may, at any
subsequent stage of the proceedings and whenever a
Section 15. Recognizance. — Whenever allowed by strong showing of guilt appears to the court, be
law or these Rules, the court may release a person in required to give bail in the amount fixed, or in lieu
custody to his own recognizance or that of a thereof, committed to custody. (20a)
responsible person. (15a)
Section 21. Forfeiture of bond. — When the presence
Section 16. Bail, when not required; reduced bail or of the accused is required by the court or these Rules,
recognizance. — No bail shall be required when the law his bondsmen shall be notified to produce him before
or these Rules so provide. the court on a given date and time. If the accused fails
to appear in person as required, his bail shall be
When a person has been in custody for a period equal declared forfeited and the bondsmen given thirty (30)
to or more than the possible maximum imprisonment days within which to produce their principal and to
prescribe for the offense charged, he shall be released show cause why no judgment should be rendered
immediately, without prejudice to the continuation of against them for the amount of their bail. Within the
the trial or the proceedings on appeal. If the maximum said period, the bondsmen must:
penalty to which the accused may be sentenced
is destierro, he shall be released after thirty (30) days (a) produce the body of their principal or give
of preventive imprisonment. the reason for his non-production; and

A person in custody for a period equal to or more than (b) explain why the accused did not appear
the minimum of the principal penalty prescribed for the before the court when first required to do so.
offense charged, without application of the
Indeterminate Sentence Law or any modifying Failing in these two requisites, a judgment shall be
circumstance, shall be released on a reduced bail or on rendered against the bondsmen, jointly and severally,
his own recognizance, at the discretion of the court. for the amount of the bail. The court shall not reduce or
(16a) otherwise mitigate the liability of the bondsmen, unless
the accused has been surrendered or is acquitted.
Section 17. Bail, where filed. — (a) Bail in the amount (21a)
fixed may be filed with the court where the case is
pending, or in the absence or unavailability of the Section 22. Cancellation of bail. — Upon application of
judge thereof, with any regional trial judge, the bondsmen, with due notice to the prosecutor, the
metropolitan trial judge, municipal trial judge, or bail may be cancelled upon surrender of the accused
municipal circuit trial judge in the province, city, or or proof of his death.
municipality. If the accused is arrested in a province,
The bail shall be deemed automatically cancelled upon (a) To be presumed innocent until the contrary
acquittal of the accused, dismissal of the case, or is proved beyond reasonable doubt.
execution of the judgment of conviction.
(b) To be informed of the nature and cause of
In all instances, the cancellation shall be without the accusation against him.
prejudice to any liability on the bond. (22a)
(c) To be present and defend in person and by
Section 23. Arrest of accused out on bail. — For the counsel at every stage of the proceedings,
purpose of surrendering the accused, the bondsmen from arraignment to promulgation of the
may arrest him or, upon written authority endorsed on judgment. The accused may, however, waive
a certified copy of the undertaking, cause him to be his presence at the trial pursuant to the
arrested by a police officer or any other person of stipulations set forth in his bail, unless his
suitable age and discretion. presence is specifically ordered by the court for
purposes of identification. The absence of the
An accused released on bail may be re-arrested accused without justifiable cause at the trial of
without the necessity of a warrant if he attempts to which he had notice shall be considered a
depart from the Philippines without permission of the waiver of his right to be present thereat. When
court where the case is pending. (23a) an accused under custody escapes, he shall be
deemed to have waived his right to be present
on all subsequent trial dates until custody over
Section 24. No bail after final judgment; exception. — him is regained. Upon motion, the accused
No bail shall be allowed after the judgment of may be allowed to defend himself in person
conviction has become final. If before such finality, the when it sufficiently appears to the court that he
accused has applies for probation, he may be allowed can properly protect his right without the
temporary liberty under his bail. When no bail was filed assistance of counsel.
or the accused is incapable of filing one, the court may
allow his release on recognizance to the custody of a
responsible member of the community. In no case shall (d) To testify as a witness in his own behalf but
bail be allowed after the accused has commenced to subject to cross-examination on matters
serve sentence. (24a) covered by direct examination. His silence shall
not in any manner prejudice him.
Section 25. Court supervision of detainees. — The
court shall exercise supervision over all persons in (e) To be exempt from being compelled to be a
custody for the purpose of eliminating unnecessary witness against himself.
detention. The executive judges of the Regional Trial
Courts shall conduct monthly personal inspections of (f) To confront and cross-examine the
provincial, city, and municipal jails and their prisoners witnesses against him at the trial. Either party
within their respective jurisdictions. They shall may utilize as part of its evidence the
ascertain the number of detainees, inquire on their testimony of a witness who is deceased, out of
proper accommodation and health and examine the or can not with due diligence be found in the
condition of the jail facilities. They shall order the Philippines, unavailable or otherwise unable to
segregation of sexes and of minors from adults, ensure testify, given in another case or proceeding,
the observance of the right of detainees to confer judicial or administrative, involving the same
privately with counsel, and strive to eliminate parties and subject matter, the adverse party
conditions inimical to the detainees. having the opportunity to cross-examine him.

In cities and municipalities to be specified by the (g) To have compulsory process issued to
Supreme Court, the municipal trial judges or municipal secure the attendance of witnesses and
circuit trial judges shall conduct monthly personal production of other evidence in his behalf.
inspections of the municipal jails in their respective
municipalities and submit a report to the executive (h) To have speedy, impartial and public trial.
judge of the Regional Trial Court having jurisdiction
therein.
(i) To appeal in all cases allowed and in the
manner prescribed by law. (1a)
A monthly report of such visitation shall be submitted
by the executive judges to the Court Administrator
which shall state the total number of detainees, the RULE 116
names of those held for more than thirty (30) days, the Arraignment and Plea
duration of detention, the crime charged, the status of
the case, the cause for detention, and other pertinent Section 1. Arraignment and plea; how made. —
information. (25a)
(a) The accused must be arraigned before the
Section 26. Bail not a bar to objections on illegal court where the complaint or information was
arrest, lack of or irregular preliminary investigation. — filed or assigned for trial. The arraignment shall
An application for or admission to bail shall not bar the be made in open court by the judge or clerk by
accused from challenging the validity of his arrest or furnishing the accused with a copy of the
the legality of the warrant issued therefor, or from complaint or information, reading the same in
assailing the regularity or questioning the absence of a the language or dialect known to him, and
preliminary investigation of the charge against him, asking him whether he pleads guilty or not
provided that he raises them before entering his plea. guilty. The prosecution may call at the trial
The court shall resolve the matter as early as witnesses other than those named in the
practicable but not later than the start of the trial of complaint or information.
the case. (n)
(b) The accused must be present at the
RULE 115 arraignment and must personally enter his
Rights of Accused plea. Both arraignment and plea shall be made
of record, but failure to do so shall not affect
Section 1. Rights of accused at the trial. — In all the validity of the proceedings.
criminal prosecutions, the accused shall be entitled to
the following rights:
 (c) When the accused refuses to plead or of his choice, the court must assign a counsel de
makes a conditional plea, a plea of not guilty oficio to defend him. (6a)
shall be entered for him. (1a)
Section 7. Appointment of counsel de oficio. — The
(d) When the accused pleads guilty but court, considering the gravity of the offense and the
presents exculpatory evidence, his plea shall difficulty of the questions that may arise, shall appoint
be deemed withdrawn and a plea of not guilty as counsel de oficio only such members of the bar in
shall be entered for him. (n) good standing who, by reason of their experience and
ability, can competently defend the accused. But in
(e) When the accused is under preventive localities where such members of the bar are not
detention, his case shall be raffled and its available, the court may appoint any person, resident
records transmitted to the judge to whom the of the province and of good repute for probity and
case was raffled within three (3) days from the ability, to defend the accused. (7a)
filing of the information or complaint. The
accused shall be arraigned within ten (10) days Section 8. Time for counsel de oficio to prepare for
from the date of the raffle. The pre-trial arraignment. — Whenever a counsel de oficio is
conference of his case shall be held within ten appointed by the court to defend the accused at the
(10) days after arraignment. (n) arraignment, he shall be given a reasonable time to
consult with the accused as to his plea before
(f) The private offended party shall be required proceeding with the arraignment. (8)
to appear at the arraignment for purposes of
plea bargaining, determination of civil liability, Section 9. Bill of particulars. — The accused may,
and other matters requiring his presence. In before arraignment, move for a bill of particulars to
case of failure of the offended party to appear enable him properly to plead and to prepare for trial.
despite due notice, the court may allow the The motion shall specify the alleged defects of the
accused to enter a plea of guilty to a lesser complaint or information and the details desired. (10a)
offense which is necessarily included in the
offense charged with the conformity of the trial Section 10. Production or inspection of material
prosecutor alone. (cir. 1-89) evidence in possession of prosecution. — Upon motion
of the accused showing good cause and with notice to
(g) Unless a shorter period is provided by the parties, the court, in order to prevent surprise,
special law or Supreme Court circular, the suppression, or alteration, may order the prosecution
arraignment shall be held within thirty (30) to produce and permit the inspection and copying or
days from the date the court acquires photographing of any written statement given by the
jurisdiction over the person of the accused. The complainant and other witnesses in any investigation
time of the pendency of a motion to quash or of the offense conducted by the prosecution or other
for a bill of particulars or other causes investigating officers, as well as any designated
justifying suspension of the arraignment shall documents, papers, books, accounts, letters,
be excluded in computing the period. (sec. 2, photographs, objects or tangible things not otherwise
cir. 38-98) privileged, which constitute or contain evidence
material to any matter involved in the case and which
Section 2. Plea of guilty to a lesser offense. — At are in the possession or under the control of the
arraignment, the accused, with the consent of the prosecution, police, or other law investigating
offended party and the prosecutor, may be allowed by agencies. (11a)
the trial court to plead guilty to a lesser offense which
is necessarily included in the offense charged. After Section 11. Suspension of arraignment. — Upon
arraignment but before trial, the accused may still be motion by the proper party, the arraignment shall be
allowed to plead guilty to said lesser offense after suspended in the following cases:
withdrawing his plea of not guilty. No amendment of
the complaint or information is necessary. (sec. 4, circ. (a) The accused appears to be suffering from
38-98) an unsound mental condition which effective
renders him unable to fully understand the
Section 3. Plea of guilty to capital offense; reception charge against him and to plead intelligently
of evidence. — When the accused pleads guilty to a thereto. In such case, the court shall order his
capital offense, the court shall conduct a searching mental examination and, if necessary, his
inquiry into the voluntariness and full comprehension confinement for such purpose;
of the consequences of his plea and require the
prosecution to prove his guilt and the precise degree of (b) There exists a prejudicial question; and
culpability. The accused may present evidence in his
behalf. (3a)
(c) A petition for review of the resolution of the
prosecutor is pending at either the Department
Section 4. Plea of guilty to non-capital of Justice, or the Office of the
offense; reception of evidence, discretionary. — When President; provided, that the period of
the accused pleads guilty to a non-capital offense, the suspension shall not exceed sixty (60) days
court may receive evidence from the parties to counted from the filing of the petition with the
determine the penalty to be imposed. (4) reviewing office. (12a)

Section 5. Withdrawal of improvident plea of guilty. — RULE 117

At any time before the judgment of conviction Motion to Quash
becomes final, the court may permit an improvident
plea of guilty to be withdrawn and be substituted by a
plea of not guilty. (5) Section 1. Time to move to quash. — At any time
before entering his plea, the accused may move to
quash the complaint or information. (1)
Section 6. Duty of court to inform accused of his right
to counsel. — Before arraignment, the court shall
inform the accused of his right to counsel and ask him Section 2. Form and contents. — The motion to quash
if he desires to have one. Unless the accused is allowed shall be in writing, signed by the accused or his
to defend himself in person or has employed a counsel counsel and shall distinctly specify its factual and legal
grounds. The court shall consider no ground other than
those stated in the motion, except lack of jurisdiction or information or other formal charge sufficient in form
over the offense charged. (2a) and substance to sustain a conviction and after the
accused had pleaded to the charge, the conviction or
Section 3. Grounds. — The accused may move to acquittal of the accused or the dismissal of the case
quash the complaint or information on any of the shall be a bar to another prosecution for the offense
following grounds: charged, or for any attempt to commit the same or
frustration thereof, or for any offense which necessarily
includes or is necessarily included in the offense
(a) That the facts charged do not constitute an charged in the former complaint or information.
offense;
However, the conviction of the accused shall not be a
(b) That the court trying the case has no bar to another prosecution for an offense which
jurisdiction over the offense charged; necessarily includes the offense charged in the former
complaint or information under any of the following
(c) That the court trying the case has no instances:
jurisdiction over the person of the accused;
(a) the graver offense developed due to
(d) That the officer who filed the information supervening facts arising from the same act or
had no authority to do so; omission constituting the former charge;

(e) That it does not conform substantially to (b) the facts constituting the graver charge
the prescribed form; became known or were discovered only after a
plea was entered in the former complaint or
(f) That more than one offense is charged information; or
except when a single punishment for various
offenses is prescribed by law; (c) the plea of guilty to the lesser offense was
made without the consent of the prosecutor
(g) That the criminal action or liability has been and of the offended party except as provided in
extinguished; section 1 (f) of Rule 116.

(h) That it contains averments which, if true, In any of the foregoing cases, where the accused
would constitute a legal excuse or justification; satisfies or serves in whole or in part the judgment, he
and shall be credited with the same in the event of
conviction for the graver offense. (7a)
(i) That the accused has been previously
convicted or acquitted of the offense charged, Section 8. Provisional dismissal. — A case shall not be
or the case against him was dismissed or provisionally dismissed except with the express
otherwise terminated without his express consent of the accused and with notice to the offended
consent. (3a) party.

Section 4. Amendment of the complaint or The provisional dismissal of offenses punishable by

information. — If the motion to quash is based on an imprisonment not exceeding six (6) years or a fine of
alleged defect of the complaint or information which any amount, or both, shall become permanent one (1)
can be cured by amendment, the court shall order that year after issuance of the order without the case
an amendment be made. (4a) having been revived. With respect to offenses
punishable by imprisonment of more than six (6) years,
their provisional dismissal shall become permanent two
If it is based on the ground that the facts charged do (2) years after issuance of the order without the case
not constitute an offense, the prosecution shall be having been revived. (n)
given by the court an opportunity to correct the defect
by amendment. The motion shall be granted if the
prosecution fails to make the amendment, or the Section 9. Failure to move to quash or to allege any
complaint or information still suffers from the same ground therefor. — The failure of the accused to assert
defect despite the amendment. (n) any ground of a motion to quash before he pleads to
the complaint or information, either because he did not
file a motion to quash or failed to allege the same in
Section 5. Effect of sustaining the motion to quash. — said motion, shall be deemed a waiver of any
If the motion to quash is sustained, the court may objections based on the grounds provided for in
order that another complaint or information be filed paragraphs (a), (b), (g), and (i) of section 3 of this Rule.
except as provided in section 6 of this rule. If the order (8)
is made, the accused, if in custody, shall not be
discharged unless admitted to bail. If no order is made
or if having been made, no new information is filed RULE 118
within the time specified in the order or within such Pre-Trial
further time as the court may allow for good cause, the
accused, if in custody, shall be discharged unless he is Section 1. Pre-trial; mandatory in criminal cases. — In
also in custody for another charge. (5a) all criminal cases cognizable by the Sandiganbayan,
Regional Trial Court, Metropolitan Trial Court, Municipal
Trial Court in Cities, Municipal Trial Court and Municipal
Section 6. Order sustaining the motion to quash not a Circuit Trial Court, the court shall after arraignment
bar to another prosecution; exception. — An order and within thirty (30) days from the date the court
sustaining the motion to quash is not a bar to another acquires jurisdiction over the person of the accused,
prosecution for the same offense unless the motion unless a shorter period is provided for in special laws
was based on the grounds specified in section 3 (g) or circulars of the Supreme Court, order a pre-trial
and (i) of this Rule. (6a) conference to consider the following:

Section 7. Former conviction or acquittal; double (a) plea bargaining;

jeopardy. — When an accused has been convicted or
acquitted, or the case against him dismissed or
otherwise terminated without his express consent by a (b) stipulation of facts;
court of competent jurisdiction, upon a valid complaint
 (c) marking for identification of evidence of the (2) Delay resulting from proceedings with
parties; respect to other criminal charges against the
accused;
(d) waiver of objections to admissibility of
evidence; (3) Delay resulting from extraordinary
remedies against interlocutory orders;
(e) modification of the order of trial if the
accused admits the charge but interposes a (4) Delay resulting from pre-trial proceedings;
lawful defense; and provided, that the delay does not exceed thirty
(30) days;
(f) such other matters as will promote a fair
and expeditious trial of the criminal and civil (5) Delay resulting from orders of inhibition, or
aspects of the case. (secs. 2 and 3, cir. 38-98) proceedings relating to change of venue of
cases or transfer from other courts;
Section 2. Pre-trial agreement. — All agreements or
admissions made or entered during the pre-trial (6) Delay resulting from a finding of the
conference shall be reduced in writing and signed by existence of a prejudicial question; and
the accused and counsel, otherwise, they cannot be
used against the accused. The agreements covering (7) Delay reasonably attributable to any period,
the matters referred to in section 1 of this Rule shall be not exceed thirty (30) days, during which any
approved by the court. (sec. 4, cir. 38-98) proceeding which any proceeding concerning
the accused is actually under advisement.
Section 3. Non-appearance at pre-trial conference. —
If the counsel for the accused or the prosecutor does (b) Any period of delay resulting from the absence or
not appear at the pre-trial conference and does not unavailability of an essential witness.
offer an acceptable excuse for his lack of cooperation,
the court may impose proper sanctions or penalties.
(se. 5, cir. 38-98) For purposes of this subparagraph, an essential witness
shall be considered absent when his whereabouts are
unknown or his whereabouts cannot be determined by
Section 4. Pre-trial order. — After the pre-trial due diligence. He shall be considered unavailable
conference, the court shall issue an order reciting the whenever his whereabouts are known but his presence
actions taken, the facts stipulated, and evidence for trial cannot be obtained by due diligence.
marked. Such order shall bind the parties, limit the trial
to matters not disposed of, and control the course of
the action during the trial, unless modified by the court (c) Any period of delay resulting from the mental
to prevent manifest injustice. (3) incompetence or physical inability of the accused to
stand trial.
RULE 119
Trial (d) If the information is dismissed upon motion of the
prosecution and thereafter a charge is filed against the
accused for the same offense, any period of delay from
Section 1. Time to prepare for trial. — After a plea of the date the charge was dismissed to the date the time
not guilty is entered, the accused shall have at least limitation would commence to run as to the
fifteen (15) days to prepare for trial. The trial shall subsequent charge had there been no previous charge.
commence within thirty (30) days from receipt of the
pre-trial order. (sec. 6, cir. 38-98)
(e) A reasonable period of delay when the accused is
joined for trial with a co-accused over whom the court
Section 2. Continuous trial until has not acquired jurisdiction, or, as to whom the time
terminated; postponements. — Trial once commenced for trial has not run and no motion for separate trial
shall continue from day to day as far as practicable has been granted.
until terminated. It may be postponed for a reasonable
period of time for good cause. (2a)
(f) Any period of delay resulting from a continuance
granted by any court motu proprio, or on motion of
The court shall, after consultation with the prosecutor either the accused or his counsel, or the prosecution, if
and defense counsel, set the case for continuous trial the court granted the continuance on the basis of its
on a weekly or other short-term trial calendar at the findings set forth in the order that the ends of justice
earliest possible time so as to ensure speedy trial. In served by taking such action outweigh the best interest
no case shall the entire trial period exceed one of the public and the accused in a speedy trial. (sec. 9,
hundred eighty (180) days from the first day of trial, cir. 38-98)
except as otherwise authorized by the Supreme Court.
(sec. 8, cir. 38-98).
Section 4. Factors for granting continuance. — The
following factors, among others, shall be considered by
The time limitations provided under this section and a court in determining whether to grant a continuance
the preceding section shall not apply where special under section 3(f) of this Rule.
laws or circulars of the Supreme Court provide for a
shorter period of trial. (n)
(a) Whether or not the failure to grant a
continuance in the proceeding would likely
Section 3. Exclusions. — The following periods of make a continuation of such proceeding
delay shall be excluded in computing the time within impossible or result in a miscarriage of justice;
which trial must commence: and

(a) Any period of delay resulting from other (b) Whether or not the case taken as a whole is
proceedings concerning the accused, including but not so novel, unusual and complex, due to the
limited to the following: number of accused or the nature of the
prosecution, or that it is unreasonable to
(1) Delay resulting from an examination of the expect adequate preparation within the periods
physical and mental condition of the accused; of time established therein.
In addition, no continuance under section 3(f) of this hereof, the court may punish such counsel,
Rule shall be granted because of congestion of the attorney, or prosecution, as follows:
court's calendar or lack of diligent preparation or
failure to obtain available witnesses on the part of the (1) By imposing on a counsel privately
prosecutor. (sec. 10, cir. 38-98) retained in connection with the defense
of an accused, a fine not exceeding
Section 5. Time limit following an order for new trial. twenty thousand pesos (P20,000.00);
— If the accused is to be tried again pursuant to an
order for a new trial, the trial shall commence within (2) By imposing on any appointed
thirty (30) days from notice of the order, provided that counsel de oficio, public attorney, or
if the period becomes impractical due to unavailability prosecutor a fine not exceeding five
of witnesses and other factors, the court may extend it thousand pesos (P5,000.00); and
but not to exceed one hundred eighty (180) days from
notice of said order for a new trial. (sec. 11, cir. 38-98)
(3) By denying any defense counsel or
prosecutor the right to practice before
Section 6. Extended time limit. — Notwithstanding the the court trying the case for a period
provisions of section 1(g), Rule 116 and the preceding not exceeding thirty (30) days. The
section 1, for the first twelve-calendar-month period punishment provided for by this section
following its effectivity on September 15, 1998, the shall be without prejudice to any
time limit with respect to the period from arraignment appropriate criminal action or other
to trial imposed by said provision shall be one hundred sanction authorized under these rules.
eighty (180) days. For the second twelve-month period, (sec. 13, cir. 38-98)
the limit shall be one hundred twenty (120) days, and
for the third twelve-month period, the time limit shall
be eighty (80) days. (sec. 7, cir. 38-98) Section 9. Remedy where accused is not brought to
trial within the time limit. — If the accused is not
brought to trial within the time limit required by
Section 7. Public attorney's duties where accused is Section 1(g), Rule 116 and Section 1, as extended by
imprisoned. — If the public attorney assigned to defend Section 6 of this rule, the information may be
a person charged with a crime knows that the latter is dismissed on motion of the accused on the ground of
preventively detained, either because he is charged denial of his right of speedy trial. The accused shall
with a bailable crime but has no means to post bail, or, have the burden of proving the motion but the
is charged with a non-bailable crime, or, is serving a prosecution shall have the burden of going forward
term of imprisonment in any penal institution, it shall with the evidence to establish the exclusion of time
be his duty to do the following: under section 3 of this rule. The dismissal shall be
subject to the rules on double jeopardy.
(a) Shall promptly undertake to obtain the
presence of the prisoner for trial or cause a Failure of the accused to move for dismissal prior to
notice to be served on the person having trial shall constitute a waiver of the right to dismiss
custody of the prisoner requiring such person under this section. (sec. 14, cir. 38-98)
to so advise the prisoner of his right to demand
trial.
Section 10. Law on speedy trial not a bar to provision
on speedy trial in the Constitution. — No provision of
(b) Upon receipt of that notice, the custodian of law on speedy trial and no rule implementing the same
the prisoner shall promptly advise the prisoner shall be interpreted as a bar to any charge of denial of
of the charge and of his right to demand trial. If the right to speedy trial guaranteed by section 14(2),
at anytime thereafter the prisoner informs his article III, of the 1987 Constitution. (sec. 15, cir. 38-98)
custodian that he demands such trial, the latter
shall cause notice to that effect to sent
promptly to the public attorney. Section 11. Order of trial. — The trial shall proceed in
the following order:
(c) Upon receipt of such notice, the public
attorney shall promptly seek to obtain the (a) The prosecution shall present evidence to
presence of the prisoner for trial. prove the charge and, in the proper case, the
civil liability.
(d) When the custodian of the prisoner receives
from the public attorney a properly supported (b) The accused may present evidence to
request for the availability of the prisoner for prove his defense, and damages, if any, arising
purposes of trial, the prisoner shall be made from the issuance of a provisional remedy in
available accordingly. (sec. 12, cir. 38-98) the case.

Section 8. Sanctions. — In any case in which private (c) The prosecution and the defense may, in
counsel for the accused, the public attorney, or the that order, present rebuttal and sur-rebuttal
prosecutor. evidence unless the court, in furtherance of
justice, permits them to present additional
evidence bearing upon the main issue.
(a) Knowingly allows the case to be set for trial
without disclosing that a necessary witness
would be unavailable for trial; (d) Upon admission of the evidence of the
parties, the case shall be deemed submitted
for decision unless the court directs them to
(b) Files a motion solely for delay which he argue orally or to submit written memoranda.
knows is totally frivolous and without merit;
(e) When the accused admits the act or
(c) Makes a statement for the purpose of omission charged in the complaint or
obtaining continuance which he knows to be information but interposes a lawful defense,
false and which is material to the granting of a the order of trial may be modified. (3a)
continuance; or
Section 12. Application for examination of witness for
(d) Willfully fails to proceed to trial without accused before trial. — When the accused has been
justification consistent with the provisions
held to answer for an offense, he may, upon motion (b) The is no other direct evidence available for
with notice to the other parties, have witnesses the proper prosecution of the offense
conditionally examined in his behalf. The motion shall committed, except the testimony of said
state: (a) the name and residence of the witness; (b) accused;
the substance of his testimony; and (c) that the
witness is sick or infirm as to afford reasonable ground (c) The testimony of said accused can be
for believing that he will not be able to attend the trial, substantially corroborated in its material
or resides more than one hundred (100) kilometers points;
from the place of trial and has no means to attend the
same, or that other similar circumstances exist that
would make him unavailable or prevent him from (d) Said accused does not appear to be the
attending the trial. The motion shall be supported by most guilty; and
an affidavit of the accused and such other evidence as
the court may require. (4a) (e) Said accused has not at any time been
convicted of any offense involving moral
Section 13. Examination of defense witness; how turpitude.
made. — If the court is satisfied that the examination
of a witness for the accused is necessary, an order will Evidence adduced in support of the discharge shall
be made directing that the witness be examined at a automatically form part of the trial. If the court denies
specified date, time and place and that a copy of the the motion for discharge of the accused as state
order be served on the prosecutor at least three (3) witness, his sworn statement shall be inadmissible in
days before the scheduled examination. The evidence. (9a)
examination shall be taken before a judge, or, if not
practicable, a member of the Bar in good standing so Section 18. Discharge of accused operates as
designated by the judge in the order, or if the order be acquittal. — The order indicated in the preceding
made by a court of superior jurisdiction, before an section shall amount to an acquittal of the discharged
inferior court to be designated therein. The accused and shall be a bar to future prosecution for the
examination shall proceed notwithstanding the same offense, unless the accused fails or refuses to
absence of the prosecutor provided he was duly testify against his co-accused in accordance with his
notified of the hearing. A written record of the sworn statement constituting the basis for the
testimony shall be taken. (5a) discharge. (10a)

Section 14. Bail to secure appearance of material Section 19. When mistake has been made in charging
witness. — When the court is satisfied, upon proof or the proper offense. — When it becomes manifest at
oath, that a material witness will not testify when any time before judgment that a mistake has been
required, it may, upon motion of either party, order the made in charging the proper offense and the accused
witness to post bail in such sum as may be deemed cannot be convicted of the offense charged or any
proper. Upon refusal to post bail, the court shall other offense necessarily included therein, the accused
commit him to prison until he complies or is legally shall not be discharged if there appears good cause to
discharged after his testimony has been taken. (6a) detain him. In such case, the court shall commit the
accused to answer for the proper offense and dismiss
Section 15. Examination of witness for the the original case upon the filing of the proper
prosecution. — When it satisfactorily appears that a information. (11a)
witness for the prosecution is too sick or infirm to
appear at the trial as directed by the order of the court, Section 20. Appointment of acting prosecutor. —
or has to leave the Philippines with no definite date of When a prosecutor, his assistant or deputy is
returning, he may forthwith be conditionally examined disqualified to act due to any of the grounds stated in
before the court where the case is pending. Such section 1 of Rule 137 or for any other reasons, the
examination, in the presence of the accused, or in his judge or the prosecutor shall communicate with the
absence after reasonable notice to attend the Secretary of Justice in order that the latter may appoint
examination has been served on him, shall be an acting prosecutor. (12a)
conducted in the same manner as an examination at
the trial. Failure or refusal of the accused to attend the
examination after notice shall be considered a waiver. Section 21. Exclusion of the public. — The judge
The statement taken may be admitted in behalf of or may, motu proprio, exclude the public from the
against the accused. (7a) courtroom if the evidence to be produced during the
trial is offensive to decency or public morals. He may
also, on motion of the accused, exclude the public from
Section 16. Trial of several accused. — When two or the trial, except court personnel and the counsel of the
more accused are jointly charged with any offense, parties. (13a)
they shall be tried jointly unless the court, in its
discretion and upon motion of the prosecutor or any
accused, orders separate trial for one or more accused. Section 22. Consolidation of trials of related offenses.
(8a) — Charges for offenses founded on the same facts or
forming part of a series of offenses of similar character
may be tried jointly at the discretion of the court. (14a)
Section 17. Discharge of accused to be state witness.
— When two or more persons are jointly charged with
the commission of any offense, upon motion of the Section 23. Demurrer to evidence. — After the
prosecution before resting its case, the court may prosecution rests its case, the court may dismiss the
direct one or more of the accused to be discharged action on the ground of insufficiency of evidence (1) on
with their consent so that they may be witnesses for its own initiative after giving the prosecution the
the state when, after requiring the prosecution to opportunity to be heard or (2) upon demurrer to
present evidence and the sworn statement of each evidence filed by the accused with or without leave of
proposed state witness at a hearing in support of the court.
discharge, the court is satisfied that:
If the court denies the demurrer to evidence filed with
(a) There is absolute necessity for the leave of court, the accused may adduce evidence in his
testimony of the accused whose discharge is defense. When the demurrer to evidence is filed
requested; without leave of court, the accused waives the right to
present evidence and submits the case for judgment
on the basis of the evidence for the prosecution. (15a)
The motion for leave of court to file demurrer to Section 5. When an offense includes or is included in
evidence shall specifically state its grounds and shall another. — An offense charged necessarily includes the
be filed within a non-extendible period of five (5) days offense proved when some of the essential elements or
after the prosecution rests its case. The prosecution ingredients of the former, as alleged in the complaint
may oppose the motion within a non-extendible period or information, constitute the latter. And an offense
of five (5) days from its receipt. charged is necessarily included in the offense proved,
when the essential ingredients of the former constitute
If leave of court is granted, the accused shall file the or form a part of those constituting the latter. (5a)
demurrer to evidence within a non-extendible period of
ten (10) days from notice. The prosecution may oppose Section 6. Promulgation of judgment. — The judgment
the demurrer to evidence within a similar period from is promulgated by reading it in the presence of the
its receipt. accused and any judge of the court in which it was
rendered. However, if the conviction is for a light
The order denying the motion for leave of court to file offense, the judgment may be pronounced in the
demurrer to evidence or the demurrer itself shall not presence of his counsel or representative. When the
be reviewable by appeal or by certiorari before judge is absent or outside of the province or city, the
judgment. (n) judgment may be promulgated by the clerk of court.

Section 24. Reopening. — At any time before finality If the accused is confined or detained in another
of the judgment of conviction, the judge may, motu province or city, the judgment may be promulgated by
proprio or upon motion, with hearing in either case, the executive judge of the Regional Trial Court having
reopen the proceedings to avoid a miscarrage of jurisdiction over the place of confinement or detention
justice. The proceedings shall be terminated within upon request of the court which rendered the
thirty (30) days from the order grating it. (n) judgment. The court promulgating the judgment shall
have authority to accept the notice of appeal and to
approve the bail bond pending appeal; provided, that if
the decision of the trial court convicting the accused
RULE 120 changed the nature of the offense from non-bailable to
Judgment bailable, the application for bail can only be filed and
resolved by the appellate court.
Section 1. Judgment definition and form. — Judgment
is the adjudication by the court that the accused is
guilty or not guilty of the offense charged and the The proper clerk of court shall give notice to the
imposition on him of the proper penalty and civil accused personally or through his bondsman or warden
liability, if any. It must be written in the official and counsel, requiring him to be present at the
language, personally and directly prepared by the promulgation of the decision. If the accused tried in
judge and signed by him and shall contain clearly and absentia because he jumped bail or escaped from
distinctly a statement of the facts and the law upon prison, the notice to him shall be served at his last
which it is based. (1a) known address.

Section 2. Contents of the judgment. — If the In case the accused fails to appear at the scheduled
judgment is of conviction, it shall state (1) the legal date of promulgation of judgment despite notice, the
qualification of the offense constituted by the acts promulgation shall be made by recording the judgment
committed by the accused and the aggravating or in the criminal docket and serving him a copy thereof
mitigating circumstances which attended its at his last known address or thru his counsel.
commission; (2) the participation of the accused in the
offense, whether as principal, accomplice, or accessory If the judgment is for conviction and the failure of the
after the fact; (3) the penalty imposed upon the accused to appear was without justifiable cause, he
accused; and (4) the civil liability or damages caused shall lose the remedies available in these rules against
by his wrongful act or omission to be recovered from the judgment and the court shall order his arrest.
the accused by the offended party, if there is any, Within fifteen (15) days from promulgation of
unless the enforcement of the civil liability by a judgment, however, the accused may surrender and
separate civil action has been reserved or waived. file a motion for leave of court to avail of these
remedies. He shall state the reasons for his absence at
In case the judgment is of acquittal, it shall state the scheduled promulgation and if he proves that his
whether the evidence of the prosecution absolutely absence was for a justifiable cause, he shall be allowed
failed to prove the guilt of the accused or merely failed to avail of said remedies within fifteen (15) days from
to prove his guilt beyond reasonable doubt. In either notice. (6a)
case, the judgment shall determine if the act or
omission from which the civil liability might arise did Section 7. Modification of judgment. — A judgment of
not exist. (2a) conviction may, upon motion of the accused, be
modified or set aside before it becomes final or before
Section 3. Judgment for two or more offenses. — appeal is perfected. Except where the death penalty is
When two or more offenses are charged in a single imposed, a judgment becomes final after the lapse of
complaint or information but the accused fails to object the period for perfecting an appeal, or when the
to it before trial, the court may convict him of as many sentence has been partially or totally satisfied or
offenses as are charged and proved, and impose on served, or when the accused has waived in writing his
him the penalty for each offense, setting out separately right to appeal, or has applied for probation. (7a)
the findings of fact and law in each offense. (3a)
Section 8. Entry of judgment. — After a judgment has
Section 4. Judgment in case of variance between become final, it shall be entered in accordance with
allegation and proof. — When there is variance Rule 36. (8)
between the offense charged in the complaint or
information and that proved, and the offense as Section 9. Existing provisions governing suspension of
charged is included in or necessarily includes the sentence, probation and parole not affected by this
offense proved, the accused shall be convicted of the Rule. — Nothing in this Rule shall affect any existing
offense proved which is included in the offense provisions in the laws governing suspension of
charged, or of the offense charged which is included in sentence, probation or parole. (9a)
the offense proved. (4a)
 Section 2. Where to appeal. — The appeal may be
RULE 121 taken as follows:
New Trial or Reconsideration
(a) To the Regional Trial Court, in cases
Section 1. New trial or reconsideration. — At any time decided by the Metropolitan Trial Court,
before a judgment of conviction becomes final, the Municipal Trial Court in Cities, Municipal Trial
court may, on motion of the accused or at its own Court, or Municipal Circuit Trial Court;
instance but with the consent of the accused, grant a
new trial or reconsideration. (1a) (b) To the Court of Appeals or to the Supreme
Court in the proper cases provided by law, in
Section 2. Grounds for a new trial. — The court shall cases decided by the Regional Trial Court; and
grant a new trial on any of the following grounds:
(c) To the Supreme Court, in cases decided by
(a) The errors of law or irregularities prejudicial the Court of Appeals. (1a)
to the substantial rights of the accused have
been committed during the trial; Section 3. How appeal taken. —

(b) The new and material evidence has been (a) The appeal to the Regional Trial Court, or to
discovered which the accused could not with the Court of Appeals in cases decided by the
reasonable diligence have discovered and Regional Trial Court in the exercise of its
produced at the trial and which if introduced original jurisdiction, shall be taken by filing a
and admitted would probably change the notice of appeal with the court which rendered
judgment. (2a) the judgment or final order appealed from and
by serving a copy thereof upon the adverse
Section 3. Ground for reconsideration. — The court party.
shall grant reconsideration on the ground of errors of
law or fact in the judgment, which requires no further (b) The appeal to the Court of Appeals in cases
proceedings. (3a) decided by the Regional Trial Court in the
exercise of its appellate jurisdiction shall be by
Section 4. Form of motion and notice to the petition for review under Rule 42.
prosecutor. — The motion for a new trial or
reconsideration shall be in writing and shall state the (c) The appeal to the Supreme Court in cases
grounds on which it is based. If based on a newly- where the penalty imposed by the Regional
discovered evidence, the motion must be supported by Trial Court is death, reclusion perpetua, or life
affidavits of witnesses by whom such evidence is imprisonment, or where a lesser penalty is
expected to be given or by duly authenticated copies imposed but for offenses committed on the
of documents which are proposed to be introduced in same occasion or which arose out of the same
evidence. Notice of the motion for new trial or occurrence that gave rise to the more serious
reconsideration shall be given to the prosecutor. (4a) offense for which the penalty of
death, reclusion perpetua, or life imprisonment
Section 5. Hearing on motion. — Where a motion for a is imposed, shall be by filing a notice of appeal
new trial calls for resolution of any question of fact, the in accordance with paragraph (a) of this
court may hear evidence thereon by affidavits or section.
otherwise. (5a)
(d) No notice of appeal is necessary in cases
Section 6. Effects of granting a new trial or where the death penalty is imposed by the
reconsideration. — The effects of granting a new trial Regional Trial Court. The same shall be
or reconsideration are the following: automatically reviewed by the Supreme Court
as provided in section 10 of this Rule.
(a) When a new trial is granted on the ground
of errors of law or irregularities committed (e) Except as provided in the last paragraph of
during the trial, all proceedings and evidence section 13, Rule 124, all other appeals to the
affected thereby shall be set aside and taken Supreme Court shall be by petition for review
anew. The court may, in the interest of justice, on certiorari under Rules 45. (3a)
allow the introduction of additional evidence.
Section 4. Publication of notice of appeal. — If
(b) When a new trial is granted on the ground personal service of the copy of the notice of appeal can
of newly-discovered evidence, the evidence not be made upon the adverse party or his counsel,
already adduced shall stand and the newly- service may be done by registered mail or by
discovered and such other evidence as the substituted service pursuant to sections 7 and 8 of
court may, in the interest of justice, allow to be Rule 13. (4a)
introduced shall be taken and considered
together with the evidence already in the Section 5. Waiver of notice. — The appellee may
record. waive his right to a notice that an appeal has been
taken. The appellate court may, in its discretion,
(c) In all cases, when the court grants new trial entertain an appeal notwithstanding failure to give
or reconsideration, the original judgment shall such notice if the interests of justice so require. (5a)
be set aside or vacated and a new judgment
rendered accordingly. (6a) Section 6. When appeal to be taken. — An appeal
must be taken within fifteen (15) days from
promulgation of the judgment or from notice of the
RULE 122 final order appealed from. This period for perfecting an
Appeal appeal shall be suspended from the time a motion for
new trial or reconsideration is filed until notice of the
Section 1. Who may appeal. — Any party may appeal order overruling the motion shall have been served
from a judgment or final order, unless the accused will upon the accused or his counsel at which time the
be placed in double jeopardy. (2a) balance of the period begins to run. (6a)
Section 7. Transcribing and filing notes of (b) The appeal of the offended party from the
stenographic reporter upon appeal. — When notice of civil aspect shall not affect the criminal aspect
appeal is filed by the accused, the trial court shall of the judgment or order appealed from.
direct the stenographic reporter to transcribe his notes
of the proceedings. When filed by the People of the (c) Upon perfection of the appeal, the
Philippines, the trial court shall direct the stenographic execution of the judgment or final order
reporter to transcribe such portion of his notes of the appealed from shall be stayed as to the
proceedings as the court, upon motion, shall specify in appealing party. (11a)
writing. The stenographic reporter shall certify to the
correctness of the notes and the transcript thereof,
which shall consist of the original and four copies, and Section 12. Withdrawal of appeal. — Notwithstanding
shall file the original and four copies with the clerk the perfection of the appeal, the Regional Trial Court,
without unnecessary delay. Metropolitan Trial Court, Municipal Trial Court in Cities,
Municipal Trial Court, or Municipal Circuit Trial Court, as
the case may be, may allow the appellant to withdraw
If death penalty is imposed, the stenographic reporter his appeal before the record has been forwarded by
shall, within thirty (30) days from promulgation of the the clerk of court to the proper appellate court as
sentence, file with the clerk original and four copies of provided in section 8, in which case the judgment shall
the duly certified transcript of his notes of the become final. The Regional Trial Court may also, in its
proceedings. No extension of time for filing of said discretion, allow the appellant from the judgment of a
transcript of stenographic notes shall be granted Metropolitan Trial Court, Municipal Trial Court in Cities,
except by the Supreme Court and only upon justifiable Municipal Trial Court, or Municipal Circuit Trial Court to
grounds. (7a) withdraw his appeal, provided a motion to that effect is
filed before rendition of the judgment in the case on
Section 8. Transmission of papers to appellate court appeal, in which case the judgment of the court of
upon appeal. — Within five (5) days from the filing of origin shall become final and the case shall be
the notice of appeal, the clerk of the court with whom remanded to the latter court for execution of the
the notice of appeal was filed must transmit to the judgment. (12a)
clerk of court of the appellate court the complete
record of the case, together with said notice. The Section 13. Appointment of counsel de oficio for
original and three copies of the transcript of accused on appeal. — It shall be the duty of the clerk
stenographic notes, together with the records, shall of the trial court, upon filing of a notice of appeal, to
also be transmitted to the clerk of the appellate court ascertain from the appellant, if confined in prison,
without undue delay. The other copy of the transcript whether he desires the Regional Trial Court, Court of
shall remain in the lower court. (8a) Appeals or the Supreme Court to appoint a counsel de
oficio to defend him and to transmit with the record on
Section 9. Appeal to the Regional Trial Courts. — a form to be prepared by the clerk of court of the
appellate court, a certificate of compliance with this
(a) Within five (5) days from perfection of the duty and of the response of the appellant to his inquiry.
appeal, the clerk of court shall transmit the (13a)
original record to the appropriate Regional Trial
Court. RULE 123
Procedure in the Municipal Trial Courts
(b) Upon receipt of the complete record of the
case, transcripts and exhibits, the clerk of court Section 1. Uniform Procedure. — The procedure to be
of the Regional Trial Court shall notify the observed in the Metropolitan Trial Courts, Municipal
parties of such fact. Trial Courts and Municipal Circuit Trial Courts shall be
the same as in the Regional Trial Courts, except where
(c) Within fifteen (15) days from receipt of the a particular provision applies only to either of said
said notice, the parties may submit courts and in criminal cases governed by the Revised
memoranda or briefs, or may be required by Rule on Summary Procedure. (1a)
the Regional Trial Court to do so. After the
submission of such memoranda or briefs, or RULE 124
upon the expiration of the period to file the Procedure in the Court of Appeals
same, the Regional Trial Court shall decide the
case on the basis of the entire record of the Section 1. Title of the case. — In all criminal cases
case and of such memoranda or briefs as may appealed to the Court of Appeals, the party appealing
have been filed. (9a) the case shall be called the "appellant" and the
adverse party the "appellee," but the title of the case
Section 10. Transmission of records in case of death shall remain as it was in the court of origin. (1a)
penalty. — In all cases where the death penalty is
imposed by the trial court, the records shall be Section 2. Appointment of counsel de oficio for the
forwarded to the Supreme Court for automatic review accused. — If it appears from the record of the case as
and judgment within five (5) days after the fifteenth transmitted that (a) the accused is confined in prison,
(15) day following the promulgation of the judgment or (b) is without counsel de parte on appeal, or (c) has
notice of denial of a motion for new trial or signed the notice of appeal himself, the clerk of court
reconsideration. The transcript shall also be forwarded of the Court of Appeals shall designate a counsel de
within ten (10) days after the filing thereof by the oficio.
stenographic reporter. (10a)
An appellant who is not confined in prison may, upon
Section 11. Effect of appeal by any of several request, be assigned a counsel de oficio within ten (10)
accused. — days from receipt of the notice to file brief and he
establishes his right thereto. (2a)
(a) An appeal taken by one or more of several
accused shall not affect those who did not Section 3. When brief for appellant to be filed. —
appeal, except insofar as the judgment of the Within thirty (30) days from receipt by the appellant or
appellate court is favorable and applicable to his counsel of the notice from the clerk of court of the
the latter; Court of Appeals that the evidence, oral and
documentary, is already attached to the record, the
appellant shall file seven (7) copies of his brief with the
clerk of court which shall be accompanied by proof of Section 13. Quorum of the court; certification or
service of two (2) copies thereof upon the appellee. appeal of cases to Supreme Court. — Three (3) Justices
(3a) of the Court of Appeals shall constitute a quorum for
the sessions of a division. The unanimous vote of the
Section 4. When brief for appellee to be filed; reply three (3) Justices of a division shall be necessary for
brief of the appellant. — Within thirty (30) days from the pronouncement of a judgment or final resolution,
the receipt of the brief of the appellant, the appellee which shall be reached in consultation before the
shall file seven (7) copies of the brief of the appellee writing of the opinion by a member of the division. In
with the clerk of court which shall be accompanied by the event that the three (3) Justices can not reach a
proof of service of two (2) copies thereof upon the unanimous vote, the Presiding Justice shall direct the
appellant. raffle committee of the Court to designate two (2)
additional Justices to sit temporarily with them, forming
a special division of five (5) members and the
Within twenty (20) days from receipt of the brief of the concurrence of a majority of such division shall be
appellee, the appellant may file a reply brief traversing necessary for the pronouncement of a judgment or
matters raised in the former but not covered in the final resolution. The designation of such additional
brief of the appellant. (4a) Justices shall be made strictly by raffle and rotation
among all other Justices of the Court of Appeals.
Section 5. Extension of time for filing briefs. —
Extension of time for the filing of briefs will not be Whenever the Court of Appeals finds that the penalty
allowed except for good and sufficient cause and only of death, reclusion perpetua, or life imprisonment
if the motion for extension is filed before the expiration should be imposed in a case, the court, after discussion
of the time sought to be extended. (5a) of the evidence and the law involved, shall render
judgment imposing the penalty of death, reclusion
Section 6. Form of briefs. — Briefs shall either be perpetua, or life imprisonment as the circumstances
printed, encoded or typewritten in double space on the warrant. However, it shall refrain from entering the
legal size good quality unglazed paper, 330 mm. in judgment and forthwith certify the case and elevate
length by 216 mm. in width. (6a) the entire record thereof to the Supreme Court for
review. (13a)
Section 7. Contents of brief. — The briefs in criminal
cases shall have the same contents as provided in Section 14. Motion for new trial. — At any time after
sections 13 and 14 of Rule 44. A certified true copy of the appeal from the lower court has been perfected
the decision or final order appealed from shall be and before the judgment of the Court of Appeals
appended to the brief of appellant. (7a) convicting the appellant becomes final, the latter may
move for a new trial on the ground of newly-discovered
Section 8. Dismissal of appeal for abandonment or evidence material to his defense. The motion shall
failure to prosecute. — The Court of Appeals may, upon conform with the provisions of section 4, Rule 121.
motion of the appellee or motu proprio and with notice (14a)
to the appellant in either case, dismiss the appeal if
the appellant fails to file his brief within the time Section 15. Where new trial conducted. — When a
prescribed by this Rule, except where the appellant is new trial is granted, the Court of Appeals may conduct
represented by a counsel de oficio. the hearing and receive evidence as provided in
section 12 of this Rule or refer the trial to the court of
The Court of Appeals may also, upon motion of the origin. (15a)
appellee or motu proprio, dismiss the appeal if the
appellant escapes from prison or confinement, jumps Section 16. Reconsideration. — A motion for
bail or flees to a foreign country during the pendency reconsideration shall be filed within fifteen (15) days
of the appeal. (8a) after from notice of the decision or final order of the
Court of Appeals, with copies served upon the adverse
Section 9. Prompt disposition of appeals. — Appeals party, setting forth the grounds in support thereof. The
of accused who are under detention shall be given mittimus shall be stayed during the pendency of the
precedence in their disposition over other appeals. The motion for reconsideration. No party shall be allowed a
Court of Appeals shall hear and decide the appeal at second motion for reconsideration of a judgment or
the earliest practicable time with due regard to the final order. (16a)
rights of the parties. The accused need not be present
in court during the hearing of the appeal. (9a) Section 17. Judgment transmitted and filed in trial
court. — When the entry of judgment of the Court of
Section 10. Judgment not to be reversed or modified Appeals is issued, a certified true copy of the judgment
except for substantial error. — No judgment shall be shall be attached to the original record which shall be
reversed or modified unless the Court of Appeals, after remanded to the clerk of the court from which the
an examination of the record and of the evidence appeal was taken. (17a)
adduced by the parties, is of the opinion that error was
committed which injuriously affected the substantial Section 18. Application of certain rules in civil to
rights of the appellant. (10a) criminal cases. — The provisions of Rules 42, 44 to 46
and 48 to 56 relating to procedure in the Court of
Section 11. Scope of judgment. — The Court of Appeals and in the Supreme Court in original and
Appeals may reverse, affirm, or modify the judgment appealed civil cases shall be applied to criminal cases
and increase or reduce the penalty imposed by the trial insofar as they are applicable and not inconsistent with
court, remand the case to the Regional Trial Court for the provisions of this Rule. (18a)
new trial or retrial, or dismiss the case. (11a)

Section 12. Power to receive evidence — The Court of RULE 125

Appeals shall have the power to try cases and conduct Procedure in the Supreme Court
hearings, receive evidence and perform any and all
acts necessary to resolve factual issues raised in cases Section 1. Uniform procedure. — Unless otherwise
(a) falling within its original jurisdiction, (b) involving provided by the Constitution or by law, the procedure
claims for damages arising from provisional remedies, in the Supreme Court in original and in appealed cases
or (c) where the court grants a new trial based only on shall be the same as in the Court of Appeals. (1a)
the ground of newly-discovered evidence. (12a)
Section 2. Review of decisions of the Court of warrant, which must be substantially in the form
Appeals. — The procedure for the review by the prescribed by these Rules. (5a)
Supreme Court of decisions in criminal cases rendered
by the Court of Appeals shall be the same as in civil Section 7. Right to break door or window to effect
cases. (2a) search. — The officer, if refused admittance to the
place of directed search after giving notice of his
Section 3. Decision if opinion is equally divided. — purpose and authority, may break open any outer or
When the Supreme Court en banc is equally divided in inner door or window of a house or any part of a house
opinion or the necessary majority cannot be had on or anything therein to execute the warrant or liberate
whether to acquit the appellant, the case shall again himself or any person lawfully aiding him when
be deliberated upon and if no decision is reached after unlawfully detained therein. (6)
re-deliberation, the judgment of conviction of the lower
court shall be reversed and the accused acquitted. (3a) Section 8. Search of house, room, or premise to be
made in presence of two witnesses. — No search of a
house, room, or any other premise shall be made
RULE 126 except in the presence of the lawful occupant thereof
Search and Seizure or any member of his family or in the absence of the
latter, two witnesses of sufficient age and discretion
Section 1. Search warrant defined. — A search residing in the same locality. (7a)
warrant is an order in writing issued in the name of the
People of the Philippines, signed by a judge and Section 9. Time of making search. — The warrant
directed to a peace officer, commanding him to search must direct that it be served in the day time, unless
for personal property described therein and bring it the affidavit asserts that the property is on the person
before the court. (1) or in the place ordered to be searched, in which case a
direction may be inserted that it be served at any time
Section 2. Court where application for search warrant of the day or night. (8)
shall be filed. — An application for search warrant shall
be filed with the following: Section 10. Validity of search warrant. — A search
warrant shall be valid for ten (10) days from its date.
a) Any court within whose territorial jurisdiction Thereafter it shall be void. (9a)
a crime was committed.
Section 11. Receipt for the property seized. — The
b) For compelling reasons stated in the officer seizing property under the warrant must give a
application, any court within the judicial region detailed receipt for the same to the lawful occupant of
where the crime was committed if the place of the premises in whose presence the search and seizure
the commission of the crime is known, or any were made, or in the absence of such occupant, must,
court within the judicial region where the in the presence of at least two witnesses of sufficient
warrant shall be enforced. age and discretion residing in the same locality, leave
a receipt in the place in which he found the seized
property. (10a)
However, if the criminal action has already been filed,
the application shall only be made in the court where
the criminal action is pending. (n) Section 12. Delivery of property and inventory
thereof to court; return and proceedings thereon. — (a)
The officer must forthwith deliver the property seized
Section 3. Personal property to be seized. — A search to the judge who issued the warrant, together with a
warrant may be issued for the search and seizure of true inventory thereof duly verified under oath.
personal property:

(b) Ten (10) days after issuance of the search

(a) Subject of the offense; warrant, the issuing judge shall ascertain if the
return has been made, and if none, shall
(b) Stolen or embezzled and other proceeds, or summon the person to whom the warrant was
fruits of the offense; or issued and require him to explain why no
return was made. If the return has been made,
(c) Used or intended to be used as the means the judge shall ascertain whether section 11 of
of committing an offense. (2a) this Rule has been complained with and shall
require that the property seized be delivered to
him. The judge shall see to it that subsection
Section 4. Requisites for issuing search warrant. — A (a) hereof has been complied with.
search warrant shall not issue except upon probable
cause in connection with one specific offense to be
determined personally by the judge after examination (c) The return on the search warrant shall be
under oath or affirmation of the complainant and the filed and kept by the custodian of the log book
witnesses he may produce, and particularly describing on search warrants who shall enter therein the
the place to be searched and the things to be seized date of the return, the result, and other actions
which may be anywhere in the Philippines. (3a) of the judge.

Section 5. Examination of complainant; record. — The A violation of this section shall constitute contempt of
judge must, before issuing the warrant, personally court.(11a)
examine in the form of searching questions and
answers, in writing and under oath, the complainant Section 13. Search incident to lawful arrest. — A
and the witnesses he may produce on facts personally person lawfully arrested may be searched for
known to them and attach to the record their sworn dangerous weapons or anything which may have been
statements, together with the affidavits submitted. (4a) used or constitute proof in the commission of an
offense without a search warrant. (12a)
Section 6. Issuance and form of search warrant. — If
the judge is satisfied of the existence of facts upon Section 14. Motion to quash a search warrant or to
which the application is based or that there is probable suppress evidence; where to file. — A motion to quash
cause to believe that they exist, he shall issue the a search warrant and/or to suppress evidence obtained
thereby may be filed in and acted upon only by the
court where the action has been instituted. If no
criminal action has been instituted, the motion may be
filed in and resolved by the court that issued the
search warrant. However, if such court failed to resolve
the motion and a criminal case is subsequent filed in
another court, the motion shall be resolved by the
latter court. (n)

RULE 127
Provisional Remedies in Criminal Cases

Section 1. Availability of provisional remedies. — The

provisional remedies in civil actions, insofar as they are
applicable, may be availed of in connection with the
civil action deemed instituted with the criminal action.
(1a)

Section 2. Attachment. — When the civil action is

properly instituted in the criminal action as provided in
Rule 111, the offended party may have the property of
the accused attached as security for the satisfaction of
any judgment that may be recovered from the accused
in the following cases:

(a) When the accused is about to abscond from

the Philippines;

(b) When the criminal action is based on a

claim for money or property embezzled or
fraudulently misapplied or converted to the use
of the accused who is a public officer, officer of
a corporation, attorney, factor, broker, agent,
or clerk, in the course of his employment as
such, or by any other person in a fiduciary
capacity, or for a willful violation of duty;

(c) When the accused has concealed, removed,

or disposed of his property, or is about to do
so; and

a) When the accused resides outside

the Philippines. (2a)