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PRELIMINARY CHAPTER 3. Mixed – This is a combination of the inquisitorial and accusatorial systems. The
examination of defendants and other persons before the filing of the complaint or
 What is criminal procedure? information is inquisitorial.

Criminal procedure is the method prescribed by law for the apprehension and prosecution of The judicial set-up in the Philippines is accusatorial or adversary in nature. It
persons accused of any criminal offense and for their punishment, in case of conviction. contemplates two contending parties before the court, which hears them impartially and
renders judgment only after trial.
 What is criminal procedure concerned with?
 Distinguish between criminal law and criminal procedure.
Criminal procedure is concerned with the procedural steps through which the criminal case passes,
commencing with the initial investigation of a crime and concluding with the unconditional release Criminal law is substantive; it defines crimes, treats of their nature, and provides for their
of the offender. It is a generic term used to describe the network of laws and rules which govern punishment. Criminal procedure, on the other hand, is remedial or procedural; it provides for the
the procedural administration of criminal justice. method by which a person accused of a crime is arrested, tried and punished. Criminal law
declares what acts are punishable, while criminal procedure provides how the act is to be
What are the sources of criminal procedure? punished.

1. Spanish Law of Criminal Procedure  How are the rules of criminal procedure construed?
2. General Order No. 58, dated April 23 1900
3. Amendatory acts passed by the Philippine Commission The rules of criminal procedure shall be liberally construed in favor of the accused and strictly
4. The various quasi acts, the Philippine Bill of 1902, the Jones Law of 1916, the Tydings- against the state to even the odds in favor of the accused against whom the entire machinery of
McDuffie Law, and the Constitution of the Philippines the state is mobilized.
5. The Rule of Court of 1940, and the 1964, 1985, and 1988 Rules on Criminal Procedure
6. Various Republic Acts (RA 240, Judiciary Act, RA 8249 creating the Sandiganbayan,
Speedy Trial Act)  What is jurisdiction?
7. Presidential Decrees
8. 1987 Constitution, particularly Art. III Bill of Rights Jurisdiction (in general) is the power or authority given by the law to a court or tribunal to hear
9. Civil Code (Art. 32, 33, 34) and determine certain controversies. It is the power of courts to hear and determine a
10. Certain judicial decisions controversy involving rights which are demandable and enforceable.
11. RA 8393 The Speedy Trial Act
12. Circulars  Distinguish jurisdiction from venue.
13. The Revised Rules on Criminal Procedure (Dec 1, 2000)
Venue is defined as the particular country or geographical area in which a court with jurisdiction
 What are the three systems of criminal procedure? may hear and determine a case. It means the place of trial. On the other hand, jurisdiction is the
power of the court to decide the case on the merits. Venue is thus procedural, while jurisdiction is
1. Inquisitorial – the detection and prosecution of offenders are not left to the initiative of substantive. In civil cases, venue may be waived or stipulated by the parties. On the other hand,
private parties but to the officials and agents of the law. Resort is made to secret inquiry jurisdiction is granted by law or the Constitution and cannot be waived or stipulated.
to discover the culprit, and violence and torture are often employed to extract confessions.
The judge is not limited to the evidence brought before him but could proceed with his  What is criminal jurisdiction?
own inquiry which was not confrontative.
2. Accusatorial – The accusation is exercised by every citizen or by a member of the group to Criminal jurisdiction is the authority to hear and try a particular offense and impose the
which the injured party belongs. As the action is a combat between the parties, the punishment for it.
supposed offender has the right to be confronted by his accuser. The battle in the form of
a public trial is judged by a magistrate who renders a verdict. The essence of the  What are the elements of jurisdiction in criminal cases?
accusatorial system is the right to be presumed innocent. To defeat this
presumption, the prosecution must establish proof of guilt beyond reasonable doubt 1. The nature of the offense and/or the penalty attached thereto
(moral certainty). 2. The fact that the offense has been committed within the territorial jurisdiction of the court.

 What are the requisites for a valid exercise of criminal jurisdiction?

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2. Exclusive original jurisdiction over all offenses punishable with imprisonment not
1. Jurisdiction over the person exceeding 6 years regardless of the fine and other accessory penalties and civil liability
2. Jurisdiction over the territory 3. Offenses involving damage to property through criminal negligence
3. Jurisdiction over the subject matter 4. Where the only penalty provided by law is a fine: exclusive original jurisdiction over
offenses punishable with a fine not exceeding P4,000
 What is jurisdiction over the subject matter? 5. Election offenses: Failure to register or failure to vote
6. Special Jurisdiction to hear and decide petitions for a writ of habeas corpus or application
It is the power to hear and determine cases of the general class to which the proceedings in for bail in the province or city where the RTC judge is absent
question belong and is conferred by the sovereign authority which organizes the court and defines 7. BP 22 (?)
its powers.
 What is the jurisdiction of Regional Trial Courts in criminal cases?
 Which law determines the jurisdiction of the court – the law in force at the time of the
commission of the offense or the one in force as of the time when the action is filed? 1. Exclusive original jurisdiction in all criminal cases not within the exclusive jurisdiction of
any court, tribunal or body, except those falling under the exclusive and concurrent
Jurisdiction is determined by the law as of the time when the action is filed, not when the offense jurisdiction of the Sandiganbayan.  All criminal cases where the penalty is higher than 6
was committed. The exception to this rule is where jurisdiction is dependent on the nature of the years, including government-related cases wherein the accused is not one of those falling
position of the accused at the time of the commission of the offense. In this case, jurisdiction is under the jurisdiction of the Sandiganbayan.
determined by the law in force at the time of the commission of the offense. 2. Other laws which specifically lodge jurisdiction in the RTC:

 What is adherence of jurisdiction? a. Law on written defamation or libel

b. Decree on Intellectual Property
The principle of Adherence of Jurisdiction means that once jurisdiction is vested in the court, it is c. Dangerous Drugs Cases except where the offenders are under 16 and there are
retained up to the end of the litigation. It remains with the court until the case is finally Juvenile and Domestic Relations Courts in the province
terminated. The exception to this is where
a subsequent statute changing the jurisdiction of a court is given retroactive effect, it can divest a 3. Appellate jurisdiction over all cases decided by MTCs in their respective territorial
court of jurisdiction over cases already pending before it before the effectivity of the statute. jurisdiction.
4. In areas where there are no family courts, the cases falling under the jurisdiction of family
 A was charged with an offense whose penalty was below 6 years. The case was filed courts shall be adjudicated by the RTC
with the MTC. After trial, the MTC convicted him of an offense with a higher penalty. A
questioned the conviction, claiming that the MTC had no jurisdiction over the offense  What is the meaning of the term “regular courts”?
since the penalty prescribed for it was higher than 6 years. Is A correct?
Regular courts refer to civil courts as opposed to military courts or courts martial. Military courts
A is wrong. Jurisdiction over the subject matter is determined by the authority of the court to have no jurisdiction over civilians.
impose the penalty imposable given the allegation in the information. It is not determined by the
penalty that may be meted out to the offender after trial but to the extent of the penalty which  Which court has jurisdiction over a complex crime?
the law imposes for the crime charged in the complaint.
Jurisdiction over the whole complex crime is lodged with the trial court having jurisdiction to
 If during the proceedings, the court finds that it has no jurisdiction, how should it impose the maximum and more serious penalty on an offense forming part of the complex crime.
proceed?
 What is territorial jurisdiction?
Where the court has no jurisdiction, lower courts should simply dismiss the case. On the other
hand, the Supreme Court and the Court of Appeals may refer the case to the court of proper The requirement of territorial jurisdiction means that a criminal action should be filed in the place
jurisdiction. where the crime was committed, except in those cases provided by Article 2 of the Revised Penal
Code.
 What is the jurisdiction of Municipal Trial Courts in criminal cases?
 How is jurisdiction over the person of the accused acquired?
1. Exclusive original jurisdiction over all violations of city or municipal ordinances
committed within their respective territorial jurisdiction;
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Jurisdiction over the person of the accused is acquired upon his arrest or upon his voluntary For offenses which require a preliminary investigation, the criminal action is instituted by filing
appearance or submission to the court. the complaint for preliminary investigation. The criminal action is commenced when the complaint
or information is filed in court.
 Can jurisdiction over the person of the accused be waived?
 Can the offended party go directly to court to file a criminal action?
Yes, unlike jurisdiction over the offense which is conferred by law or the Constitution, jurisdiction
over the person of the accused may be waived. For example, any objection to the procedure No. Before a complaint is filed in court, there should have been a confrontation between the
leading to the arrest must be opportunely raised before the accused enters his plea, or it is parties before the Lupon chairman. The Lupon secretary must certify that no conciliation or
deemed waived. settlement was reached, attested to by the Lupon chairman. The complaint may also be filed if
the settlement is repudiated by the parties.
 X was charged in court with an offense. X filed a motion to quash on the ground that
the court had no jurisdiction over his person because the arrest was illegal and because  Are there exceptions when the parties may go directly to court?
the information was incomplete. Can X invoke lack of jurisdiction of the court over his
person? 1. Where the accused is under detention
2. Where a person has otherwise been deprived of personal liberty calling for habeas corpus
No, X cannot invoke the lack of jurisdiction of the court. One who desires to object to the proceedings
jurisdiction of the court over his person must appear in court for that purpose only, and if he 3. Where actions are coupled with provisional remedies
raises other questions, he waives the objection. 4. Where the action may be barred by the statute of limitations

 Is the presence of the accused necessary in order for the court to act on a motion?  When are amicable settlements not allowed?

It is not necessary for the court to first acquire jurisdiction over the person of the accused to 1. Where one party is the government
dismiss a case or grant other relief. The outright dismissal of the case even before the court 2. Where one party is a public officer or employee and the dispute relates to the performance
acquires jurisdiction over the person of the accused is allowed, except in applications for bail, in of his official functions
which case, the presence of the accused is mandatory. 3. Offenses punishable by imprisonment exceeding 1 year or a fine exceeding P5,000
4. Where there is no private offended party
RULE 110 PROSECUTION OF OFFENSES 5. Where the dispute involves real properties located in different cities or municipalities
6. Disputes involving parties who reside in different barangays, cities, or municipalities
 How are criminal actions instituted? 7. Other cases which the President may determine in the interest of justice or upon the
recommendation of the Secretary of Justice.
Criminal actions shall be instituted as follows:
 What is the form required for the complaint or information?
(a) For offenses where a preliminary investigation is required, by filing the complaint with the
proper officer for the purpose of conducting the requisite preliminary investigation. The complaint or information shall be in writing, in the name of the People of the Philippines and
(b) For all other offenses, by filing the complaint or information directly with the MTC or the against all persons who appear to be responsible for the offense involved.
complaint with the office of the prosecutor.
 Why should a complaint or information be in the name of the People of the
 What is the effect of the institution of the criminal action on the period of prescription Philippines?
of the offense?
Criminal actions must be commenced in the name of the People because just as a crime is an
The institution of the criminal action shall interrupt the running of the period of prescription of the outrage against the peace and security of the people at large, so must its vindication be in the
offense unless otherwise provided in special laws. The rule does not apply to violations of name of the People. However, it the action is instituted in the name of the offended party or of a
municipal ordinances and special laws. The prescriptive periods for violations of special laws are particular city, the defect is merely of form and may be cured at any state of the trial.
interrupted only by the institution of judicial proceedings for their investigation and punishment,
while violations of municipal ordinances prescribe after two months.  Why should the complaint or information be in writing?

 Distinguish “institution” from “commencement” of an action.

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The complaint or information should be in writing so that the court has a basis for its decision, to 10. When there is clearly no prima facie case against the accused and a motion to quash on
inform the accused of the nature and cause of the accusation to allow him to present his defense, that ground has been denied
and so that nobody will forget the charge, given the fallibility of human memory. 11. Preliminary injunction has been issued by the Supreme Court to prevent the threatened
unlawful arrest of petitioners.
 What is a complaint?
 If the complaint is not sworn to by the offended party, is it void?
A complaint is a sworn written statement charging a person with an offense, subscribed by the
offended party, any peace officer, or other public officer charged with the enforcement of the law No. A complaint presented by a private person when not sworn to by him is not necessarily void.
violated. The want of an oath is a mere defect of form which does not affect the substantial rights of the
defendant on the merits.
 Who may file a complaint?
 When is a complaint required?
The complaint may be filed by the offended party, any peace officer, or other public officer
charged with the enforcement of the law violated. A sworn written complaint is required if the offense is one which cannot be prosecuted de
officio, or is private in nature (adultery, concubinage, abduction, seduction, acts of
 Who is the “offended party”? lasciviousness, defamation consisting in the imputation of any of the above offenses), or where it
pertains to those cases which need to be endorsed by specific public authorities (Anti-
The offended party is the person actually injured or whose feeling is offended. He is the one to Dummy Board with respect to the Anti-Dummy Law, National Water and Air Pollution Control
whom the offender is also civilly liable under Article 100 of the RPC. Commission with respect to the Anti-Pollution Law).

 If the offended party dies before he is able to file a complaint, can his heirs file it in  What is an information?
his behalf?
An information is an accusation in writing charging a person with an offense, subscribed by the
No. The right to file a criminal action is personal and abates upon the death of the offended party. prosecutor and filed with the court.
It is not transmissible to the heirs.
 Can you file a criminal complaint against a juridical person?  What is the difference between a complaint and an information?

No, a criminal action cannot lie against a juridical person. It the corporation violates the law, the COMPLAINT INFORMATION
officer, through whom the corporation acts, answers criminally for his acts. May be signed by the offended party, any Always signed by prosecuting officer
peace officer, or other public officer charged
 May criminal prosecutions be enjoined? with the enforcement of the law violated
Sworn to by the person signing it Need not be under oath since the prosecuting
No. Public interest requires that criminal acts must be immediately investigated and prosecuted officer filing it is already acting under his oath
for the protection of society. of office
May be filed either with the office of the Always filed with the court
 What are the exceptions to the rule that criminal prosecutions may not be enjoined? prosecutor or with the court

1. To afford adequate protection to constitutional rights of the accused  Who must prosecute criminal actions?
2. When necessary for the orderly administration of justice or to avoid oppression or
multiplicity of actions The general rule is that all criminal actions commenced by the filing of a complaint or information
3. Where there is a prejudicial question which is subjudice shall be prosecuted under the direction and control of the prosecutor. However, in the Municipal
4. When the acts of the officer are without or in excess of authority Trial Courts and Municipal Circuit Trial Courts, if the prosecutor is not available, the offended
5. Where the prosecution is under an invalid law, ordinance, or regulation party, any peace officer, or other officer charged with the enforcement of the law violated may
6. When double jeopardy is clearly apparent prosecute. This authority ceases upon actual intervention by a prosecutor or upon elevation of the
7. Where the court had no jurisdiction over the offense case to the RTC.
8. Where it is a case of persecution rather than prosecution
9. Where the charges are manifestly false and motivated by the lust for vengeance  Can a prosecutor be compelled to file a particular complaint or information?
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4. The right to withdraw the case before arraignment even without notice and hearing.
No. A prosecutor is under no compulsion to file a particular criminal information where he is not
convinced that he has evidence to support the allegations thereof. The exercise of such judgment After a case is filed in court, the court has control over the following:
and discretion may generally not be compelled by mandamus, except if the prosecutor shows
evident bias in filing the information and refuses to include a co-accused without justification. But 1. The suspension of arraignment
before filing for mandamus to compel a fiscal to include another co-accused in the information, the 2. Reinvestigation
party must first avail himself of other remedies such as the filing of a motion for inclusion. 3. Prosecution by the prosecutor
4. Dismissal
 To whom should you appeal the decision of the prosecutor? 5. Downgrading of the offense or dropping of the accused even before plea

The decision of the prosecutor may be modified by the Secretary of Justice or in special cases by  What are the limitations on the control by the Court?
the President of the Philippines.
(SINNATRa)
 Is the prosecutor required to be physically present in the trial of a criminal case?
1. Prosecution is entitled to Notice of hearing
According to People v. Beriales (1976 case), he should be present. If he is not physically 2. The Court must Await the result of a petition for review
present, it cannot be said that the prosecution was under his direction and control. 3. The prosecution’s stand to maintain prosecution should be Respected by the court
4. The ultimate Test of the court’s independence is where the prosecutor files a motion to
But in People v. Malinao and Bravo v. CA, it was held that the proceedings are valid even dismiss or withdraw the information
without the physical presence of the Fiscal who left the prosecution to the private prosecutor 5. The Court has authority to review the Secretary’s recommendation and reject if it there is
under his supervision and control. grave abuse of discretion.
6. To reject or grant a motion to dismiss, the court must make its own Independent
 After the case is filed in court, to whom should a motion to dismiss be addressed? assessment of the evidence.
7. Judgment is void if there is No independent assessment and finding of grave abuse of
Once the information is filed in court, the court acquires jurisdiction. Whatever disposition the discretion.
prosecutor may feel should be proper in the case thereafter should be addressed for the
consideration of the court, subject only to the limitation that the court should not impair the  What are the crimes that must be prosecuted upon complaint of the offended party?
substantial rights of the accused or the right of the people to due process.
1. Adultery and concubinage
 Where should a motion for reinvestigation be filed? 2. Seduction, abduction, acts of lasciviousness
3. Defamation which consists in the imputation of an offense mentioned above
After a complaint or information has already been filed in court, a motion for reinvestigation  What is a private crime?
should be addressed to the trial judge and to him alone.
Private offenses are those which cannot be prosecuted except upon complaint filed by the
 If, after he has filed the case, the prosecutor thinks that a prima facie case exists, can aggrieved party. Strictly speaking, there is no such thing as a private offense since all offenses
he refuse to prosecute? are an outrage against the State. They are denominated as private offenses only to give
deference to the offended party who may prefer not to file the case instead of going through the
No, he cannot refuse to prosecute. He is obliged by law to proceed and prosecute the criminal scandal of a public trial.
action. He cannot impose his opinion on the court.
 After a complaint for a private crime has been filed in court, what is the effect of
 What is the distinction between the control by the prosecution and the control by the pardon by the offended party?
court?
The pardon by the offended party will not have any effect on the prosecution of the offense. Once
Before a case is filed in court, the prosecution has control over the following: a complaint has been filed in court, jurisdiction over the offense will be acquired and will continue
to be exercised by the court until termination of the case.
1. What case to file
2. Whom to prosecute  What is the meaning of the statement that compliance with the rule is jurisdictional?
3. The manner of prosecution
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This means that the complaint filed by the offended party is what starts the prosecution, without  When is the error in the name of the accused not fatal to an information?
which the courts cannot exercise their jurisdiction. Compliance with the rule does not confer
jurisdiction because it is the law which confers jurisdiction upon the courts. Error in the name of the accused will not nullify the information if it contains sufficient description
of the person of the accused.
 Can the father file a complaint on behalf of his daughter for concubinage?
 When should the error in the name or identity be raised by the accused?
No. The rule allowing the parents, grandparents, and guardians to file a complaint on behalf of
the minor applies only to the offenses of seduction, abduction, and acts of lasciviousness. A The error should be raised before arraignment, or else it is deemed waived.
complaint for adultery or concubinage may be filed only by the offended spouse.
 X was charged with homicide. Can he be possibly be convicted of murder?
 If the offended party in abduction, seduction, and acts of lasciviousness is of age, can Yes. If the recitals in the complaint or information of the acts and omissions constituting the
her parents file the complaint for her? offense actually allege murder, X can be convicted of murder. This is because it is the recital of
facts and not the designation of the offense that is controlling.
No. If the offended party is already of age, she has the exclusive right to file the complaint unless
she becomes incapacitated. The parents, grandparents, and guardian only have exclusive,  X was charged with estafa, but the recital of facts actually alleges theft. Can X be
successive authority to file the case if the offended party is still a minor. convicted of theft?

 If the offended party dies during the pendency of the case, is the criminal liability of Yes, because it is the recital, not the designation of the offense that is controlling.
the accused extinguished?
 X was charged with estafa, and the recital of facts allege estafa. Can X be convicted
No. of theft?

 X filed a sworn complaint for acts of lasciviousness before the prosecutor. Before the No. The two crimes have elements that are different from each other. To convict X of theft under
prosecutor could file the case in court, X died. Can the prosecutor still file the an information that alleges estafa would violate his right to be informed of the nature and cause of
information in court? the accusation against him.

Yes. The desire of X to file the case is evident by her filing of her sworn complaint with the  X was charged with rape committed through force and intimidation. Can he be
prosecutor. convicted of rape where the woman is deprived of reason or is otherwise unconscious?

 An information for robbery with rape was filed against X. X moved to dismiss the No. Where the law distinguishes between two cases of violation of its provision, the complaint or
information on the ground that there was no complaint filed by the offended party. information must specify under which of the two cases the defendant is being charged.
Should the case be dismissed?
 In what case can an accused not be convicted of a crime different from that
No. In robbery with rape, the complaint of the offended party is not necessary since the offense designated in the complaint or information even if the recitals allege the commission of
of robbery is not a private offense. The prosecution can be commenced without the complaint of the crime?
the offended party.
If it involves:
 When is a complaint or information deemed sufficient?
1. a change of the theory of the trial
A complaint or information is sufficient if it states: 2. requires of the defendant a different defense
3. surprises the accused in any way
1. the name of the accused
2. the designation of the offense given by the statute  X was accused of illegal possession of firearms, but the information did not allege that
3. the acts or omissions complained of as constituting the offense X did not have any license to possess the firearm. Is the information valid?
4. the name of the offended party
5. the approximate date of the commission of the offense No. The absence of the license is an essential element of the offense. Therefore, it should be
6. the place of the commission of the offense alleged in the complaint or information.
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 X was charged with illegal possession of opium. X contends that the information was  X was charged with both robbery and estafa in one information. Can he be convicted
invalid for failure to allege that he did not have a prescription from a physician. Is X of both offenses?
correct?
It depends. If he objects to the duplicitous information before arraignment, he cannot be
No. The absence of the prescription is not an essential element of the offense and is only a matter convicted under the information. But if he fails to object before arraignment, he can be convicted
of defense. It need not be alleged in the information. of as many offenses as there are in the information.

 What are the offenses in which the particular place where the offense was committed  What is the principle of absorption?
is essential?
In cases of rebellion, other crimes committed in the course of the crime are deemed absorbed in
1. Violation of domicile the crime of rebellion either as a means necessary for its commission or as an unintended effect of
2. Penalty on the keeper, watchman, visitor of opium den rebellion. They cannot be charged as separate offenses in themselves. The exception is when the
3. Trespass to dwelling common crimes are committed without any political motivation. In such a case, they will not be
4. Violation of election law (prohibiting the carrying of a deadly weapon within a 30-meter absorbed by rebellion.
radius of polling places)
 If homicide or murder is committed with the use of an unlicensed firearm, how many
 What are the offenses in which the time of the commission of the offense is essential? offenses are there?

1. Infanticide There is only one offense – murder or homicide aggravated by the use of unlicensed firearm. This
2. Violation of Sunday Statutes (Election Law) is by special provision of RA 8294. (Dissenting opinion of J. Sabio – How can you complex when
3. Abortion one is an RPC offense/malum in se and the other is a violation of a special law/malum
prohibitum?)
 In what case is the name of the offended party dispensable?
 X was speeding on a highway when his car collided with another car. The other car
In offenses against property, the name of the offended party may be dispensed with as long as was totally wrecked and the driver of the other car suffered serious physical injuries.
the object taken or destroyed is particularly described to property identify the offense. How many informations or complaints should be filed against X?

 In what cases is the name of the offended party indispensable? Only one information should be filed for serious physical injuries and damage to property through
reckless imprudence. The information against X cannot be split into two because there was only
Slander, robbery with violence or intimidation. one negligent act resulting in serious physical injuries and damage to property.

 What is the rule on duplicity of offenses?  Same case, but the injuries suffered by the driver were only slight physical injuries.
How many informations should be filed?
A complaint or information must charge only one offense, except when the law provides only one
punishment for various offenses (compound and complex crimes under Art. 48 of the RPC and Two informations – one for the slight physical injuries and the other for damage to property. Light
special complex crimes). felonies cannot be complexed.

 What is the effect of the failure of the accused to object to a duplicitous information?  When can a complaint or information be amended?

If the accused fails to object before arraignment, the right is deemed waived, and he may be BEFORE PLEA, a complaint or information can be amended in form or in substance without leave
convicted of as many offenses as there are charged. of court, except if the amendment will downgrade the offense or drop an accused from the
complaint or information. In such a case, the following requisites must be observed:
 X fired his gun once, but the bullet killed two persons. He was charged with two
counts of homicide in one information. Can he be convicted under that information? 1. must be made upon motion of the prosecutor
2. with notice to the offended party
Yes. It falls under the exception to the rule. This is a compound crime in which one act results in 3. with leave of court
two or more grave or less grave felonies. The law provides only one penalty for the two offenses. 4. the court must state its reason in resolving the motion
5. copies of the resolution should be furnished all parties, expecially the offended party
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Yes because it changes the theory of the defense. It makes the accused liable not only for his
AFTER PLEA, only formal amendments may be made only with leave of court and when it can be own acts but also for those of his co-conspirators. (Old J. Sabio answer)
done without causing prejudice to the rights of the accused.
The new answer is: No, it is not a substantial amendment in the following example: X is charged
 When can a complaint or information be substituted? with murder as principal. Later, the complaint is amended to include two other persons who
allegedly conspired with X. Can X invoke double jeopardy on the ground that the amendment is
A complaint or information may be substituted if at any time before judgment, it appears that a substantial?  No. The amendment is merely a formal amendment because it does not prejudice
mistake has been made in charging the proper offense, and the accused cannot be convicted of the rights of X, who was charged as a principal to begin with.
the offense charged or of any other offense necessarily included therein, provided that he will not
be placed in double jeopardy.  Is a change in the items stolen by the accused a substantial amendment?

 What are the distinctions between amendment and substitution? Yes because it affects the essence of the imputed crime and would deprive the accused of the
opportunity to meet all the allegations in preparation of his defense.
1. Amendment may involve either formal or substantial changes, while substitution
necessarily involves a substantial change.  Is a change in the nature of the offense due to supervening event a substantial
2. Amendment before plea can be effected without leave of court, but substitution is always amendment?
done with leave of court since it involves the dismissal of the original complaint.
3. Where the amendment is only as to form, there is no need for a new preliminary No, it is merely a formal amendment.
investigation or plea; in substitution, another preliminary investigation and plea is
required.  Can the court order the dismissal of the original complaint before a new one is filed in
4. An amended information refers to the same offense charged or to one which necessarily substitution?
includes or is necessarily included in the original charge, hence substantial amendments
after plea cannot be made over the objection of the accused. Substitution requires that No. The court will not order the dismissal until the new information is filed.
the new information is for a different offense which does not include or is not necessarily
included in the original charge.  Where should a criminal action be instituted?

 When are the rights of the accused prejudiced by an amendment? a. In the court of the municipality or territory where the offense was committed or where any of
its essential ingredients occurred (Exception: Sandiganbayan cases)
1. When a defense which he had under the original information would no longer be available
2. When any evidence which he had under the original information would no longer be b. If committed in a train, aircraft, or other public or private vehicle: in the court of any
available municipality or territory where the vehicle passed during its trip, including the place of departure
3. When any evidence which he had under the original information would not longer be or arrival
applicable to the amended information
c. If committed on board a vessel in the course of its voyage: in the court of the first port of entry
 What are substantial amendments? or of any municipality or territory where the vessel passed during the voyage, subject to the
generally accepted principles of international law
After plea, substantial amendments are prohibited. These are amendments involving the recital of
facts constituting the offense and determinative of the jurisdiction of the court. All other matters d. Crimes committed outside the Phil but punishable under Article 2 of the RPC: any court where
are merely of form. the action is first filed.

 Is an additional allegation of habitual delinquency and recidivism a substantial  What is a continuing or transitory offense?
amendment?
Transitory offenses are crimes where some acts material and essential to the crimes and requisite
No. These allegations only relate to the range of the imposable penalty but not the nature of the to their commission occur in one municipality or territory and some in another. Continuing
offense. offenses are consummated in one place, yet by the nature of the offense, the violation of the law
is deemed continuing. Examples are estafa, abduction, malversation, libel, kidnapping, violation
 Is an additional allegation of conspiracy a substantial amendment? of BP22.
 9
 How do you determine jurisdiction over a continuing crime? 2. When the offended party has reserved the right to institute it separately
3. When the offended party has instituted the civil action prior to the institution of the
The courts of the territories where the essential ingredients of the crime took place have criminal action
concurrent jurisdiction. But the court which first acquires jurisdiction excludes the other courts.
 What is the civil action that is deemed instituted with the criminal action?
 What are the rules on venue in libel cases?
Only the civil action for the recovery of civil liability arising from the offense under Article 100 of
a. The criminal action for libel may be filed in the RTC of the province or the city where the the RPC, not the independent civil actions under Article 32, 33, 34 and 2176 of the Civil Code.
libelous article is printed and first published.
b. If the offended party is a private individual, the criminal action may also be filed in the RTC of  What is the dual concept of civil liability?
the province where he actually resided at the time of the commission of the offense.
c. If the offended party is a public officer whose office is in Manila at the time of the commission of This means that civil liability may arise from crimes or from quasi-delicts. Thus, a negligent act
the offense, the criminal action may be filed in the RTC of Manila. causing damage may produce two kinds of civil liability – one arising from crime and another from
d. If the offended party is a public officer whose office is outside Manila, the action may be filed in quasi-delict. The only limitation is that the offended party may not recover twice from the same
the RTC of the province or city where he held office at the time of the commission of the offense. act.

 Can the offended party intervene in the prosecution of the criminal action?  What are the differences between a crime and a quasi-delict?

Yes, except if he has waived, has reserved his right, or has already instituted the criminal action. 1. Crimes affect public interest, while quasi-delicts are only of private concern
The reason for this rule is because of Article 100 of the RPC which provides that every person 2. The RPC punishes or corrects the criminal act, while the Civil Code merely repairs the
criminally liable shall also be civilly liable and also because there are certain offenses which cannot damage by means of indemnification
be prosecuted except upon complaint of the offended party. 3. Crimes are punished only if there is a law providing for their punishment, while quasi-
delicts include all acts where fault or negligence intervenes. Therefore, quasi-delict is
 Do the offended parties have the right to move for the dismissal of a case? broader in scope.

No. The right belongs only to the government prosecutor who is the representative of the  What constitutes civil liability?
plaintiff.
According to Article 104 of the RPC, it constitutes restitution, reparation, and indemnification for
 Can the offended party file a civil action for certiorari in his own name if the RTC consequential damages.
dismisses an information?
 What is the basis for the broader concept of civil liability?
Yes. In case of grave abuse of discretion amounting to lack of jurisdiction, the petition may be The broader concept of civil liability means that every person criminally liable is also civilly liable.
filed by the offended party because the offended party has an interest in the civil aspect of the This is because in a criminal offense, there are two offended parties – the state and the private
case. offended party.

RULE 111 PROSECUTION OF CIVIL ACTION  If the complaint does not contain an allegation of damages, is the offender still liable
for them?
 What is the general rule?
Yes because every person criminally liable is also civilly liable. This is subject to the exception
The general rule is when a criminal action is instituted, the civil action for the recovery of the civil when the offended party has waived or has reserved the right to institute the civil action
liability arising from the offense charged under Article 100 of the RPC shall be deemed instituted separately.
with the criminal action.
 When should the reservation be made?
 What are the exceptions?
The reservation should be made before the prosecution presents its evidence and under
The civil action is not deemed instituted in the following cases: circumstances affording the offended party a reasonable opportunity to make such reservation.

1. When the offended party has waived the civil action  What is the reason for the rule requiring reservation?
 10
3. When the civil liability is not derived from or based on the criminal act of which the
The reason is to prevent double recovery from the same act or omission. accused is acquitted.

 Can the accused file a counterclaim in the criminal case? However, if the decision contains a finding that the act from which the civil liability may arise does
not exist, the civil liability is extinguished.
No.
 Can you compel a judge by mandamus to award civil damages?
 In a BP 22 case, can the offended party make a reservation of the civil action?
Yes because every person criminally liable is also civilly liable and also because even if the
No. The criminal action shall be deemed to include the civil action, and the offended party is not accused is acquitted, there are cases when he is still civilly liable.
allowed to make the reservation. The actual damages and the filing fees shall be equivalent to the
value of the check.  What is the reason for allowing the civil liability to subsist in spite of the acquittal of
the accused?
 When is the separate civil action suspended?
This is because the parties in the criminal and civil action are different – in the criminal action, the
After the criminal action has been commenced, the separate civil action arising therefrom cannot party is the state, while in the civil action, the party is the private offended party. Also, the two
be instituted until final judgment has been entered in the criminal action. actions required different quantum of evidence. The criminal action requires proof of guilt beyond
reasonable doubt, while the civil action requires mere preponderance of evidence.
If the criminal action is filed after the civil action was instituted, the civil action shall be suspended
in whatever stage it may be found before judgment on the merits. The suspension shall last until  What are the independent civil actions?
final judgment is rendered in the criminal action.
The independent civil actions are those provided in Articles 32, 33, 34, and 2176 of the Civil Code.
Nonetheless, the civil action may be consolidated with the criminal action at any time before They may proceed independently of the criminal action and shall require only a preponderance of
judgment on the merits upon motion of the offended party with the court trying the criminal evidence.
action. The evidence presented at the civil action shall be deemed reproduced in the criminal
action without prejudice to the right of the prosecution to cross-examine the witness presented by  What is the effect of the death of the accused on the criminal and civil actions?
the offended party in the criminal case and of the parties to present additional evidence. The
consolidated criminal actions shall be tried and decided jointly. If the accused dies after arraignment and during the pendency of the criminal action, both the
criminal and civil liability arising from the crime shall be extinguished. However, the independent
Exception: When there is a prejudicial question in a previously filed civil action, it should be civil actions may be filed against the estate of the accused after proper substitution, and the heirs
resolved first. of the accused may also be substituted for the deceased.

 Are the independent civil actions also deemed suspended with the filing of the If the accused dies before arraignment, the case shall be dismissed, without prejudice to any civil
criminal action? action that the offended party may file against the estate of the deceased.

No. Only the civil action arising from the crime under Article 100 is suspended. The independent  When the defendant is absolved of civil liability in a civil action, can a criminal action
civil actions are not suspended and may continue even if the criminal action has been instituted. still be filed against him?
However, the offended party may not recover twice from the same act. He should only get the
bigger award. Yes. While every person criminally liable is also civilly liable, the converse is not true. Therefore,
even if the defendant is absolved of civil liability in a civil action, a criminal action can still be filed
 What is the effect of an acquittal on the civil action? against him. Besides, the state is a party in a criminal action, while only the private offended
party is a party in the civil action. Moreover, the quantum of evidence in the civil action is only
The general rule is the civil action is not necessarily extinguished by the acquittal of the accused. preponderance of evidence, while that required in the criminal action is proof beyond reasonable
Even if the accused is acquitted, the court can still award civil liability in the following cases: doubt.

1. When the acquittal is based on reasonable doubt  What is a prejudicial question?

2. When there is a declaration in the decision that the liability of the accused is only civil
 11
A prejudicial question is one based on a fact separate and distinct from the crime but is so  What is the scope of preliminary investigation?
intimately related to it that it determines the guilt or innocence of the accused.
Preliminary investigation is merely inquisitorial and it is often the only means of discovering
 What are the elements of a prejudicial question? whether the offense has been committed and the persons responsible for it to enable the fiscal to
prepare his complaint or information. It is not a trial on the merits and has no purpose but to
1. The previously filed civil action involves an issue which is similar or is intimately related determine whether there is probable cause to believe that an offense has been committed and
with an issue raised in the subsequent criminal action that the accused is probably guilty of it. It does not place the accused in jeopardy.
2. The resolution of the issue will determine whether or not the criminal action may proceed.
 Is the right to a preliminary investigation a fundamental right?
 When is an action for annulment of marriage prejudicial to a bigamy case?
No, it is a statutory right and may be waived expressly or by silence. It is also not an element of
An action for annulment of marriage is prejudicial to a bigamy case only if the accused in the due process, unless it is expressly granted by law.
bigamy charge is also the one asking for annulment of the second (bigamous) marriage based on
vitiation of consent. This is because in such a case, if the court declares that the party’s consent  Can an accused demand the right to confront and cross-examine his witnesses during
was indeed vitiated and annuls the marriage, then it would also mean that the party did not the preliminary investigation?
willingly commit the crime of bigamy. It would thus be determinative of the guilt or innocence of
the accused. No. The preliminary investigation is not part of the trial. It is summary and inquisitorial in nature,
and its function is not to determine the guilt of the accused but merely to determine the existence
RULE 112 PRELIMINARY INVESTIGATION of probable cause.

 What is preliminary investigation?  Is the lack of a preliminary investigation a ground for dismissing a complaint?

Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient No. The absence of a preliminary investigation does not affect the jurisdiction of the court but
ground to engender a well-founded belief that a crime has been committed and the respondent is merely the regularity of the proceedings. The court cannot dismiss the complaint on this ground,
probably guilty thereof, and should be held for trial. and it should instead conduct the investigation or order the fiscal or lower court to do it.

 When is it required?  What is the effect of the absence of a certification that a preliminary investigation
was conducted?
Before a complaint or information is filed, preliminary investigation is required for all offenses
punishable by imprisonment of at least 4 years, 2 months, and 1 day, regardless of the fine, It is of no consequence. What is important is that there was actually an investigation, that the
except if the accused was arrested by virtue of a lawful arrest without warrant. In such a case, accused was informed thereof and was allowed to present controverting evidence.
the complaint or information may be filed without a preliminary investigation unless the accused
asks for a preliminary investigation and waives his rights under Article 125 of the RPC.  When should the right to preliminary investigation be invoked?

 What is the purpose of a preliminary investigation? The accused should invoke it before plea, or else, it is deemed waived.

1. To determine if there is sufficient ground to engender a well-founded belief that a crime  What if the court denies the invocation of the right to a preliminary investigation,
has been committed and the respondent is probably guilty thereof, and should be held for what is the remedy of the accused?
trial.
2. To protect the accused from the inconvenience, expense, and burden of defending himself He must immediately appeal it to the appellate court. He cannot later raise the issue for the first
in a formal trial unless the reasonable probability of his guilt shall have been first time on appeal.
ascertained in a fairly summary proceeding by a competent officer.
 If the complaint or information is amended, should a new preliminary investigation be
3. To secure the innocent against hasty, malicious and oppressive prosecution, and to protect conducted?
him from an open and public accusation of a crime, from the trouble, expenses and
anxiety of a public trial. No.
4. To protect the state from having to conduct useless and expensive trials.
 12
 If the complaint or information is substituted, should a new preliminary investigation Yes because there is an opportunity to be heard and the production and weighing of evidence
be conducted? upon which a decision is rendered. Since it is a judicial proceeding, the requirement of due
process in judicial proceedings is also required in preliminary investigations.
Yes.
 What is the difference between criminal investigation and preliminary investigation?
 Who may conduct a preliminary investigation?
Criminal investigation is a fact-finding investigation carried out by law-enforcement officers for the
1. Provincial or city prosecutors and their assistants purpose of determining whether they should file a complaint for preliminary investigation.
2. Judges of the MTCs Preliminary investigation is conducted for the purpose of determining if there is probable cause to
3. National and Regional State Presecutors hold a person for trial.
4. Comelec with respect to election offenses
5. Ombudsman with respect to Sandiganbayan offenses and other offenses committed by  What is probable cause?
public officers
6. PCGG with respect to ill-gotten wealth cases Probable cause is the existence of such facts and circumstances as would excite the belief in a
reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person
 Can RTC judges conduct a preliminary investigation? charged was guilty of the crime for which he was prosecuted.

No. Although this should not be confused with the authority of the RTC to conduct an examination  Is the presence of counsel in the preliminary investigation mandatory?
for the purpose of determining probable cause when issuing a warrant of arrest.
No. Preliminary investigation is a summary proceeding and is merely inquisitorial in nature. The
 What is the procedure in conducting a preliminary investigation? accused cannot yet invoke the full exercise of his rights.

1. The complaint shall state the address of the respondent and shall be accompanied by the  How does the investigating prosecutor resolve the findings after preliminary
affidavits of the complainants and his witnesses as well as other documents to establish investigation?
probable cause. The affidavits must be subscribed and sworn before the prosecutor or
government official authorized to administer oath or notary public. 1. If he finds probable cause to hold the respondent for trial, he shall prepare the resolution
2. Within 10 days from the filing of the complaint, the investigating officer shall either: and certify under oath in the information that:

a. dismiss it if he finds no ground to continue the investigation; or a. he or an authorized officer has personally examined the complainant and his
b. issue a subpoena to the respondent accompanied by the complaint and affidavits. witnesses;
 The respondent shall have the right to examine the evidence, etc, etc. b. that there is reasonable ground to believe that a crime has been committed and
that the accused is probably guilty thereof;
3. Within 10 days from receipt of the subpoena, the respondent shall submit his counter- c. that the accused was informed of the complaint and of the evidence against him;
affidavit, the affidavits of his witnesses, and other documents in his defense. Affidavits d. that he was given an opportunity to submit controverting evidence.
should also be sworn and subscribed. The respondent cannot file a motion to dismiss in
lieu of a counter-affidavit. 2. If he finds no probable cause, he shall recommend the dismissal of the complaint.
4. If the respondent cannot be subpoenaed or if he fails to file his counter-affidavit within 10 3. Within 5 days from his resolution, he shall forward the record of the case to the provincial
days, the investigating officer shall resolve the complaint based on the evidence submitted or city prosecutor of chief state prosecutor of the Ombudsman. They shall act on the
by the complainant. resolution within 10 days from receipt and shall immediately inform the parties of such
5. If there are facts and issued which need to be clarified, the investigating officer may set a action.
hearing. The parties can be present, but they cannot cross-examine. The hearing shall be 4. No complaint of information may be filed or dismissed by an investigating prosecutor
held within 10 days from the submission of the counter-affidavits or from the expiration of without the prior written authority or approval of the provincial or city prosecutor or chief
the period of their submission. It shall be terminated within 5 days. state prosecutor or the Ombudsman.
6. Within 10 days from the termination of the investigation, the investigating officer shall 5. If the investigating prosecutor recommends the dismissal of the complaint, but his
determine whether or not there is probable cause to hold the respondent for trial. recommendation is disapproved by the provincial or city prosecutor or chief state
prosecutor or Ombudsman on the ground that probable cause exists, the latter may
 Is a preliminary investigation a judicial proceeding? either:
 13
a. by himself, file the information; or No. It would be asking the court to examine and assess such evidence as has been submitted
b. direct another assistant prosecutor to file the information by the parties before trial and on the basis thereof, make a conclusion as whether or not it suffices
to establish the guilt of the accused.
without need for a new preliminary investigation.
6.The Secretary of Justice may, upon petition by a proper party or by itself, reverse or  What is the remedy of the complainant if the Secretary of Justice does not allow the
modify the resolution of the provincial or city prosecutor, the chief state prosecutor, or the filing of a criminal complaint against the accused because of insufficiency of evidence?
ombudsman. In such a case, he shall direct the prosecutor concerned to either file the
information without need for a new preliminary investigation or to dismiss or move for its He can file a civil action for damages against the offender based on Article 35 of the Civil Code.
dismissal if already filed in court. This would require a mere preponderance of evidence.
 If there was no preliminary investigation conducted, what is the remedy of the
accused?  What are the remedies of a party against whom a warrant of arrest has been issued?

(RICA P) 1. post bail

2. ask for reinvestigation
1. Refuse to enter plea 3. petition for review
2. Insist on a preliminary investigation 4. motion to quash the information
3. File certiorari if refused 5. if denied, appeal the judgment after trial
4. Raise it as an error on appeal
5. File a petition for prohibition (no certiorari)

 What should the Secretary of Justice do if an information that has already been filed  What is the procedure in resolving a complaint when the preliminary investigation is
in court is appealed to him? conducted by a judge?

He should, as far as practicable, refrain from entertaining the appeal. The matter should be left 1. Within 10 days after the termination of the preliminary investigation, the investigating
to the determination of the Court. judge shall transmit the resolution of the case to the provincial or city prosecutor, or to
the Ombudsman for appropriate action.
 If the Secretary of Justice gives due course to the appeal, what should the trial judge 2. The resolution shall state the findings of fact and law supporting his action together with
do? the record of the case which shall include:

He should suspend proceedings and defer arraignment pending the resolution of the appeal. a. the warrant if the arrest is by virtue of a warrant
b. the affidavits, counter-affidavits, and supporting evidence
 Is the determination of probable cause a judicial or executive function? c. the undertaking or bail and the order of release
d. the transcripts of the proceedings
It depends. If it is made in a preliminary investigation for the purpose of determining whether e. the order of cancellation of the bail bond if the resolution is for the dismissal of the
there is reasonable ground to believe that the accused has committed the offense and should be complaint
held for trial, it is an executive function. If it is made for the issuance of a warrant of arrest by a
judge, it is a judicial function. 3. Within 30 days from the receipt of the records, the provincial or city prosecutor or the
Ombudsman shall review the resolution of the judge.
 Can the accused file a motion to quash based on insufficiency of evidence?
4. They shall act on the resolution, expressly and clearly stating the facts and the law on
No. He cannot pre-empt trial by filing a motion to quash on the ground of insufficiency of which it is based.
evidence. Whether the function of determining probable cause has been correctly discharged by 5. The parties shall be furnished with copies thereof.
the prosecutor is a matter that the trial court itself does not and may not pass upon. 6. They shall order the release of an accused who is detained if no probable cause is found
against him.
 Is the finding of a judge that probable cause exists for the purpose of issuing a
warrant of arrest subject to judicial review?  What happens if the judge fails to resolve the case within 10 days from the
termination of the investigation?
 14
This constitutes dereliction of duty and is a ground for dismissal of the judge. b. in the form of searching questions and answers that probable cause exists AND
that there is a necessity of placing the accused under immediate custody in order
 What is the difference between preliminary investigation conducted by the prosecutor not to frustrate the ends of justice.
and one conducted by the judge?
 What are the kinds of offenses that may be filed with the MTC for preliminary
The prosecutor is not bound by the designation of the offense in the complaint. After preliminary investigation?
investigation, he may file any case as warranted by the facts. The judge cannot change the
charge in the complaint but must make a finding on whether or not the crime charged has been 1. Those which are cognizable by the RTC
committed. 2. Those cognizable by the MTC where the penalty is at least 4 years, 2 months, and 1 day
regardless of the fine
 If the investigating judge did not issue a warrant for the arrest of the accused during
the preliminary investigation, what is the remedy of the prosecutor if he believes that  When is a warrant of arrest not necessary?
the accused should be immediately placed under custody?
1. When the accused is already under detention issued by the MTC
He should file the information in court, so that the RTC may issue the warrant of arrest. He 2. When the accused was arrested by virtue of a lawful arrest without warrant
should not file for mandamus because that could take two years to resolve. 3. When the penalty is a fine only

 What is a warrant of arrest?  Are “John Doe” warrants valid?

A warrant of arrest is a legal process issued by competent authority, directing the arrest of a Generally, John Doe warrants are void because they violate the constitutional provision
person or persons upon grounds stated therein. that requires that warrants of arrest should particularly describe the person or persons to be
arrested. But if there is sufficient description to identify the person to be arrested, then the
 When may a warrant of arrest be issued? warrant is valid.

By the RTC  What are the principles governing the finding of probable cause for the issuance of a
warrant of arrest?
1. Within 10 days from the filing of the complaint or information, the judge shall personally
evaluate the resolution of the prosecutor and its supporting evidence. 1. There is a distinction between the objective of determining probable cause by the
2. He may immediately dismiss the case if the evidence fails to establish probable cause. prosecutor and by the judge. The prosecutor determines it for the purpose of filing a
3. If he finds probable cause, he shall issue a warrant of arrest or a commitment order if the complaint or information, while the judge determines it for the purpose of issuing a
accused has already been arrested by virtue of a warrant issued by the MTC judge who warrant of arrest – whether there is a necessity of placing him under immediate custody in
conducted the preliminary investigation or if he was arrested by virtue of a lawful arrest order not to frustrate the ends of justice.
without warrant. 2. Since their objectives are different, the judge should not rely solely on the report of the
4. In case of doubt on the existence of probable cause, the judge may order the prosecutor prosecutor in finding probable cause to justify the issuance of a warrant of arrest. The
to present additional evidence within 5 days from notice and the issue must be resolved judge must decide independently and must have supporting evidence other than the
within 30 days from the filing of the complaint or information. prosecutor’s bare report.
3. It is not required that the complete or entire records of the case during the preliminary
By the MTC investigation be submitted to and examined by the judge. He must have sufficient
supporting documents upon which to make his independent judgment.
1. If the preliminary investigation was conducted by a prosecutor, same procedure as above
2. If the preliminary investigation was conducted by the MTC judge and his findings are  How should the complaint or information be filed when the accused is lawfully
affirmed by the prosecutor, and the corresponding information is filed, he shall issue a arrested without warrant?
warrant of arrest.
3. However, without waiting for the conclusion of the investigation, he may issue a warrant The complaint or information may be filed by a prosecutor without need for a preliminary
of arrest if he finds after: investigation provided an inquest proceeding has been conducted in accordance with existing
rules. In the absence of an inquest prosecutor, the offended party or any peace officer may file
a. an examination in writing and under oath of the complainant and his witnesses the complaint directly in court on the basis of the affidavit of the offended party or peace officer.
 15
 What is the remedy of the person arrested without warrant if he wants a preliminary Arrest is the taking of a person into custody in order that he may be bound to answer for the
investigation? commission of an offense.

Before the complaint or information is filed, he may ask for one provided that he signs a waiver of  How is an arrest made?
his rights under Article 125 of the RPC in the presence of counsel. He may still apply for bail in
spite of the waiver. The investigation must be terminated within 15 days. Arrest is made by an actual restraint of the person to be arrested or by his submission to the
custody of the person making the arrest.
After the complaint of information is filed but before arraignment, the accused may, within 5 days
from the time he learns of his filing, ask for a preliminary investigation.  What does it mean when jurisprudence says that the officer, in making the arrest,
must “stand his ground”?
 What is an inquest?
It means that the officer may use such force as is reasonably necessary to effect the arrest.
An inquest is an informal and summary investigation conducted by a public prosecutor in a
criminal case involving persons arrested and detained without the benefit of a warrant of arrest  What is the duty of the arresting officer who arrests a person?
issued by the court for the purpose of determining whether said persons should remain under
custody and correspondingly charged in court. He must deliver the person immediately to the nearest jail or police station.

 What are the guidelines to safeguard the rights of an accused who has been arrested  Within what period must a warrant of arrest be served?
without a warrant?
There is no time period. A warrant of arrest is valid until the arrest is effected or until it is lifted.
1. The arresting officer must bring the arrestee before the inquest fiscal to determine The head of the office to whom the warrant was delivered must cause it to be executed within 10
whether the person should remain in custody and charged in court or if he should be days from its receipt, and the officer to whom it is assigned for execution must make a report to
released for lack of evidence or for further investigation. the judge who issued it within 10 days from the expiration of the period. If he fails to execute it,
2. The custodial investigation report shall be reduced to writing, and it should be read and he should state the reasons therefor.
adequately explained to the arrestee by his counsel in the language or dialect known to
him.  When is an arrest without warrant lawful?

 What is the procedure in cases not requiring a preliminary investigation? A peace officer or private person may arrest without warrant:

1. If filed with the prosecutor, the prosecutor shall act on the complaint based on the 1. When in his presence, the person to be arrested has committed, is actually committing, or
affidavits and other supporting documents submitted by the complainant within 10 days is about to commit an offense;
from its filing. 2. When an offense has just been committed, and he has probable cause based on personal
2. If filed with the MTC: knowledge of facts and circumstances that the person to be arrested has committed it;
and
a. If within 10 days from the filing of the complaint or information, the judge finds no 3. When the person to be arrested is a prisoner who has escaped from a penal establishment
probable cause after personally examining the evidence in writing and under oath or place where he is serving final judgment or is temporarily confined while his case is
of the complainant and his witnesses in the form of searching questions and pending or has escaped while being transferred from one confinement to another.
answers, he shall dismiss the complaint or information.
b. He may require the submission or additional evidence, within 10 days from notice.  A police officer was chasing a person who had just committed an offense. The person
If he still finds no probable cause, he shall dismiss the case. went inside a house, so the police officer followed. Inside the house, the police officer
c. If he finds probable cause, he shall issue a warrant of arrest or a commitment saw drugs lying around. Can he confiscate the drugs? Can he use them as evidence?
order and hold him for trial. If he thinks that there is no necessity for placing the
accused under custody, he may issue summons instead. Yes. The plain view doctrine is applicable in this case because there was a prior valid intrusion,
the police officer inadvertently discovered the evidence, he had a right to be there, and the
RULE 113 ARREST evidence was immediately apparent.

 What is arrest?  What if the officer merely peeks through the window of the house and sees the drugs
– can he confiscate them? Can he use them as evidence?
 16

He can confiscate them, without prejudice to his liability for violation of domicile. He cannot use  When can the prosecution move for the cancellation or denial of bail of the accused?
them as evidence because the seizure cannot be justified under the plain view doctrine, there
being no previous valid intrusion. If the penalty imposed by the trial court is imprisonment greater than 6 years, the prosecution
may move for denial or cancellation of the bail of the accused, with notice to the accused, upon
 When should an arrest be made? showing of the following circumstances:

It can be made on any day and at any time of the day and night. 1. That he is a recidivist, quasi-recidivist, habitual delinquent, or committed the offense with
the aggravating circumstance of reiteracion.
 Can an officer arrest a person against whom a warrant has been issued even if he 2. The he has previously escaped from legal confinement, evaded sentence, or violated the
does not have the warrant with him? conditions of his bail without valid justification.
3. That he committed the offense while on probation, parole or conditional pardon
Yes, but after the arrest, if the person arrested requires, it must be shown to him as soon as 4. That the circumstances of his case indicate the probability of flight if released on bail; or
practicable. 5. That there is undue risk that he may commit another crime during the pendency of the
appeal.
SECTION 14 BAIL
 When is a bail hearing necessary?
 What is bail?
Bail hearing is mandatory when bail is a matter of discretion. It is incumbent upon the
Bail is the security given for the release of a person in custody of the law, furnished by him or a prosecution to show that the evidence of guilt is strong. Even if the prosecution is absent or
bondsman, to guarantee his appearance before any court as required. refuses to present evidence, the court cannot grant bail without conducting a hearing. The court
must first be convinced that the evidence does not warrant the denial of bail.
 What are the forms of bail?
 What is required of the judge who denies an application for bail?
Bail may be in the form of:
The order should contain a summary of the evidence presented and the reason for the denial,
1. corporate surety otherwise it shall be void. This is in order to safeguard the constitutional right to presumption of
2. property bond innocence and also because there is a need for clear grounds before a person can be denied of his
3. cash deposit liberty.
4. recognizance
 If there is a likelihood that the accused would jump bail, what should the court do?
 What is recognizance?
1. Increase the amount of bail
Recognizance is an obligation of record, entered into before a court or magistrate duly authorized 2. Require periodic reports of the accused to court
to take it, with the condition to do some particular act, the most usual condition in criminal cases 3. Warn him that the trial may proceed in absentia
being the appearance of the accused for trial.
 What is a capital offense?
 When is bail a matter of right and when is it a matter of discretion?
A capital offense is an offense which, under the law existing at the time of its commission and of
In the MTC, it is a matter of right before or after conviction, regardless of the offense. the application for admission to bail, may be punished with death.

In the RTC, it is a matter of right before conviction, except for offenses punishable by death,  What are the duties of the trial judge in case an application for bail is filed?
reclusion perpetua, or life sentence and the evidence of guilt is strong, in which case it is
discretionary. After conviction, bail is a matter of discretion regardless of the offense. The 1. Notify the prosecutor of the hearing or require him to submit his recommendation
application for bail may be filed and acted upon by the trial court as long as the original record of 2. Conduct a hearing
the case has not been transmitted to the appellate court. However, if the decision of the trial 3. Decide whether the evidence of guilt is strong based on the summary of evidence of the
court changed the nature of the offense from non-bailable to bailable, the application should be prosecution
addressed and resolved by the appellate court.
 17
4. If the guilt of the accused is not strong, discharge the accused upon the approval of the 4. To testify as a witness in his own behalf but subject to cross-examination on matters
bailbond. If evidence of guilt is strong, the petition should be denied. covered by direct examination;
5. To be exempt from being compelled to be a witness against himself;
 What are the guidelines in setting the amount of bail? 6. To confront and cross-examine the witnesses against him at the trial;
7. To have compulsory process issued to secure the attendance of witnesses and production
1. Financial ability of the accused of other evidence in his behalf;
2. Nature and circumstances of the offense 8. To have a speedy, impartial, and public trial;
3. Penalty for the offense 9. To appeal in all cases allowed and in the manner prescribed by law.
4. Character and reputation of the accused
5. Age and health of the accused Due Process
6. Weight of evidence against the accused
7. Probability of the accused appearing at the trial  What are the two aspects of the right to due process?
8. Forfeiture of other bail
9. The fact that he was a fugitive from the law when arrested 1. Substantive due process – this refers to the intrinsic validity of the law
10. Pendency of other cases where the accused is on bail 2. Procedural due process – one that hears before it condemns, proceeds upon inquiry, and
renders judgment only after trial and based on the evidence presented therein.
 Where should bail be filed?
 Is it necessary to have trial-type proceedings in order to satisfy the requirement of
It may be filed with the court where the case is pending. In the absence of the judge thereof, bail due process?
may be filed with any RTC or MTC judge in the province, city, or municipality. If the accused is
arrested in a province, city, or municipality other than where the case is pending, bail may also be No. There is no need for trial-type proceedings in order to satisfy due process. What is important
filed with and RTC of said place, or if no judge is available, with any MTC judge therein. is that there was an opportunity to be heard. Notice and hearing are the minimum requirements
of due process.
But where bail is a matter of discretion or where the accused seeks to be released on
recognizance, bail may only be filed in the court where the case is pending.  In general, what are the requirements of procedural due process?

Any person in custody who is not yet charged may apply for bail with any court in the province, 1. There must be an impartial and competent court with judicial power to hear and determine
city or municipality where he is held. the matter before it;
2. Jurisdiction must be lawfully acquired over the person of the defendant or over the
 What is the remedy of the accused if he is denied bail? property subject of the proceeding;
3. The defendant must be given an opportunity to be heard;
He should file a special civil action in the CA, not the SC within 60 days. 4. Judgment must be rendered upon lawful hearing.

 Does an application for bail bar the accused from questioning the validity or his  In criminal cases, what are the requirements of procedural due process?
arrest, the validity of the warrant, or the manner of conducting the preliminary
investigation? The requirements in criminal cases are more stringent. They are:

No, provided that he raises these questions before plea. 1. The accused must have been heard by a court of competent jurisdiction;
2. He must have been proceeded against under orderly processes of the law;
3. He may be punished only after inquiry and investigation;
RULE 115 RIGHTS OF THE ACCUSED 4. There must be notice to the accused;
5. The accused must be given an opportunity to be heard;
 What are the rights of the accused in criminal prosecutions? 6. Judgment must be rendered within the authority of a constitutional law.

1. To be presumed innocent until the contrary is proved beyond reasonable doubt; Presumption of Innocence
2. To be informed of the nature and cause of the accusation against him;
3. To be present and defend in person and by counsel at every stage of the proceedings,  What is the meaning of the right of presumption of innocence?
from arraignment to promulgation of judgment;
 18
The right means that the presumption must be overcome by evidence of guilt beyond reasonable  Is there a difference between the right to counsel during custodial investigation
doubt. Guilt beyond reasonable doubt means that there is moral certainty as to the guilt of the and the right to counsel during the trial?
accused. Conviction should be based on the strength of the prosecution and not on the weakness
of the defense. The significance of this is that accusation is not synonymous with guilt. Yes. In custodial investigation, the right to counsel can only be waived in writing AND with the
assistance of counsel. The counsel required in custodial investigation is competent and
 What are the exceptions to the constitutional presumption of innocence? independent counsel, preferably of his own (the suspect’s) choice.

1. Presumptions – If there is a reasonable connection between the fact presumed and the During the trial, the right to counsel means the right to effective counsel.
fact ultimately proven from such fact
The requirement is stricter during custodial investigation because a trial is done in public, while
Examples: custodial investigation is not. The danger that confessions will be extracted against the will of the
defendant during custodial investigation does not really exist during trial.
a. When an accountable public officer fails to account for funds or property that
should be in his custody, he is presumed to be guilty of malversation; During trial the purpose of counsel is not so much to protect him from being forced to confess but
b. Persons in possession of recently stolen goods are presumed guilty of the offense to defend the accused.
in connection with the goods.
Why is the right to counsel afforded during trial?
2. Self-Defense – One who invokes self-defense is presumed guilty. The burden of proving
the elements of self-defense (unlawful aggression, reasonable necessity of the means The right to counsel is embraced in the right to be heard.
used to prevent or repel it; lack of sufficient provocation on the part of the one defending
himself) belongs to the accused.  When should the right to counsel be invoked?

 What is a “reverse trial”? The right to counsel may be invoked at any stage of the proceedings, even on appeal. However, it
can also be waived. The accused is deemed to have waived his right to counsel when he
Usually, the prosecution presents its evidence to establish the guilt of the accused first. But a voluntarily submits himself to the jurisdiction of the Court and proceeds with his defense.
reverse trial happens if the accused admits the killing but claims self-defense. He must first
establish the elements of self-defense in order to overturn the presumption that he was guilty of But in US v. Escalante and People v. Nang Kay (p. 532 of Herrera Textbook), the Court held that
the offense. the defendant cannot raise the question of his right to have an attorney for the first time on
appeal. If the question is not raised in the trial court, the prosecution may go to trial. The
Right to be present at the trial question will not be considered in the appellate court for the first time when the accused fails to
raise it in the lower court.
 What are the requisites of a valid trial in absentia?
Is the duty of the court to appoint counsel-de-oficio mandatory at all times?
1. The accused has already been arraigned;
2. He has been duly notified of the trial No. The duty to appoint counsel-do-oficio is mandatory only up to arraignment.
3. His failure to appear at the trial is unjustifiable.
 Does the mistake of counsel bind the client?
 Can the right to be present at the trial be waived?
As a rule, the mistake of counsel binds the client. Therefore, the client cannot question a decision
Yes, except in the following situations, where the presence of the accused at the trial is required: on the ground that counsel was an idiot. However, an exception to this is if counsel misrepresents
himself as a lawyer, and he turns out to be a fake lawyer. In this case, the accused is entitled to
1. Arraignment; a new trial because his right to be represented by a member of the bar was violated. He was thus
2. During promulgation of judgment, except if it is for a light offense; denied of his right to counsel and to due process.
3. When the presence of the accused at the trial is necessary for purposes of identification,
unless he admits beforehand that he is the same person charged.  Is the right to counsel absolute?

Right to Counsel No. The right of choice must be reasonably exercised. The accused cannot insist on counsel that
he cannot afford, one who is not a member of the bar, or one who declines for a valid reason,
 19
such as conflict of interest. Also, the right of the accused to choose counsel is subject to the right questions during cross-examination by claiming that the answer that he will give could
of the state to due process and to speedy and adequate justice. incriminate him for the crime with which he was charged.

 When can the accused defend himself in person? However, if the question during cross-examination relates to a crime different from that
with which he was charged, he can still invoke the right and refuse to answer.
The accused can defend himself in person only if the court is convinced that he can properly
protect his rights even without the assistance of counsel.  Can the accused or witness invoke the right against self-incrimination if he is asked
about past criminality?
Right to be a Witness on His Own Behalf
It depends. If he can still be prosecuted for it, questions about past criminal liability are still
 What is the weight of the testimony of an accused who testifies on his own behalf but covered by the protection of the right against self-incrimination. But if he cannot be prosecuted
refuses to be cross-examined? for it anymore, he cannot invoke the right.

The testimony will not be given weight. It will not have probative value because the prosecution  What are the rights of the accused in the matter of testifying or producing evidence?
was not given a chance to test the credibility of the testimony through cross-examination.
1. Before the case is filed in Court but after he has been taken into custody or otherwise
Right Against Self-Incrimination deprived of his liberty

 What is the scope of the right against self-incrimination? a. the right to be informed of
b. his right to remain silent and to counsel
The right against self-incrimination covers testimonial compulsion only and the compulsion to c. the right not to be subjected to force, violence, threat, intimidation, or any other
produce incriminating documents, papers, and chattels. It does not cover the compulsion to means which vitiate free will
produce real or physical evidence using the body of the accused. d. the right to have evidence obtained in violation of these rights rejected

 Is there an exception to the right against self-incrimination? 2. After the case is filed in court

The right cannot be invoked when the State has the right to inspect documents under its police a. to refuse to be a witness
power, such as documents of corporations. b. not to have any prejudice whatsoever result to him by such refusal
c. to testify in his own behalf subject to cross-examination by the prosecution
 What is the rationale for protecting the right against self-incrimination? d. while testifying, to refuse to answer a specific question which tends to incriminate
his for some crime other than that for which he is being prosecuted.
There are two reasons:
 What are immunity statutes?
1. For humanitarian reasons: To prevent the State, with all its coercive powers, from
extracting testimony that may convict the accused. The immunity statutes are classified into two – use immunity statutes and transactional immunity
2. For practical reasons: The accused is likely to commit perjury if he were compelled to statutes.
testify against himself.
Use immunity prohibits the use of a witness’ compelled testimony and its fruits in any
 Who may invoke the right against self-incrimination, and when can they invoke the manner in connection with the criminal prosecution of the witness. (Therefore, the witness can
right? still be prosecuted, but the compelled testimony cannot be used against him.)

1. An ordinary witness may invoke the right, but he may only do so as each incriminating Transactional immunity grants immunity to the witness from prosecution for an offense to
question is asked. which his compelled testimony relates. (Here, the witness cannot be prosecuted at all.) Examples
2. The accused himself may invoke the right, and unlike the ordinary witness, he may are state witnesses and those who furnish information about violations of the Internal Revenue
altogether refuse to take the witness stand and refuse to answer any and all questions. Code, even if they themselves offered bribes to the public official.

But, once the accused waives his right and chooses to testify in his own behalf, he may be  What is the effect of the refusal of the accused to refuse to testify in his behalf?
cross-examined on matters covered in his direct examination. He cannot refuse to answer
 20
As a general rule, the silence of the accused should not prejudice him. It is the right of the accused to have a subpoena and/or a subpoena duces tecum issued in his
behalf in order to compel the attendance of witnesses and the production of other evidence.
However, in the following cases, an unfavorable inference is drawn from the failure of the accused
to testify:  What happens if a witness refuses to testify when required?

1. If the prosecution has already established a prima facie case, the accused must present The court should order the witness to give bail or even order his arrest, if necessary. Failure to
proof to overturn the evidence of the prosecution. obey a subpoena amounts to contempt of court.
2. If the defense of the accused is alibi and he does not testify, the inference is that the alibi
is not believable. Right to Speedy, Public, and Impartial Trial

 Is DNA testing covered by the right against self-incrimination?  How should the trial be conducted?

No (recent SC ruling). The trial should be speedy, public, and impartial.

Right of Confrontation  What is the meaning of the right to speedy trial?

 What is the meaning of the right of confrontation? The right means that the trial should be conducted according to the law of criminal procedure and
the rules and regulations, free from vexations, capricious, and oppressive delays.
It means that the accused can only be tried using those witnesses that meet him face to face at
the trial who give testimony in his presence, with the opportunity to cross-examine them.  When should the arraignment and pre-trial be held?

 What are the reasons for the right? According to the Speedy Trial Act and Circular 38-98, arraignment and pre-trial if the accused
pleads not guilty should be held within 30 days from the date the court acquires jurisdiction of the
1. To allow the court to observe the demeanor of the witness while testifying. person of the accused.
2. To give the accused the opportunity to cross-examine the witness in order to test their
recollection and credibility.  Within how many days should the trial be completed?

 Can the right of confrontation be waived? In no case shall the entire period exceed 180 days from the first day of trial, except as otherwise
authorized by the Court Administrator.
Yes, it can be waived either expressly or impliedly. It is waived impliedly when an accused waives
his right to be present at the trial. The right of confrontation may also be waived by conduct  What is the remedy of an accused whose right to speedy trial is violated?
amounting to a renunciation of the right to cross-examine. When the party was given an
opportunity to confront and cross-examine an opposing witness but failed to take advantage of it The accused has the following remedies:
for reasons attributable to himself alone, he is deemed to have waived the right.
1. File a motion to dismiss on the ground of violation of his right to speedy trial. (For
 What happens to the testimony of a witness who dies or becomes unavailable? purposes of double jeopardy, this has the same effect as an acquittal.) This must be done
prior to trial, or else, it is deemed a waiver of the right to dismiss.
It depends. If the other party had the opportunity to cross-examine the witness before he died or 2. File for mandamus to compel a dismissal of the information.
became unavailable, the testimony may be used as evidence. However, if the other party did not 3. If he is restrained of his liberty, file for habeas corpus.
even have the opportunity to cross-examine before the subsequent death or unavailability of the 4. Ask for the trial of the case.
witness, the testimony will have no probative value. (An opportunity to cross-examine is all that
is necessary in order to allow the use of the testimony of the witness. There need not be an  What is the limitation on the right of an accused to a speedy trial?
actual cross-examination, as long as there was an opportunity to do so.)
The limitation is that the State should not be deprived of its day in court. The right of the
Right to Compulsory Process State/the prosecution to due process should be respected.

 What is the right to compulsory process? The prosecution and the complainant fail to attend the first hearing. The court
postpones the hearing to another date. Is there a violation of the right to speedy trial?
 21

No. The right to speedy trial is violated when there are unjustified postponements of the trial, and RULE 116 ARRAIGNMENT AND PLEA
a long period of time is allowed to elapse without the case being tried for no justifiable reason.
 Where should the accused be arraigned?
What is the meaning of the right to a public trial?
The accused must be arraigned before the court where the complaint was filed or assigned for
It means that anyone interested in observing the manner that a judge conducts the proceedings in trial.
his courtroom may do so.
 How is arraignment made?
 Why should a trial be conducted in public?
Arraignment is made:
The trial should be public in order to prevent abuses that may be committed by the court to the
prejudice of the defendant. Moreover, the accused is entitled to the moral support of his friends 1. in open court
and relatives. 2. by the judge or clerk
3. by furnishing the accused with a copy of the complaint or information
 Is there an exception to the requirement of publicity? 4. reading it in the language or dialect known to him, and
5. asking him whether he pleads guilty or not guilty.
Yes. The court may bar the public in certain cases, such as when the evidence to be presented
may be offensive to decency or public morals, or in rape cases, where the purpose of some  Can there be an arraignment without the presence of the accused?
persons in attending is merely to ogle at the parties.
No. The accused must be present at the arraignment and must personally enter his plea.
 Is it okay to hold the trial in the chambers of the judge?
 What is the effect of the refusal of the accused to enter a plea?
Yes. There is no violation of the right to a public trial, since the public is not excluded from
attending the trial. If the accused refuses to plead or makes a conditional plea, a plea of not guilty shall be entered
for him.
 In so-called trials by publicity, when can the publicity be considered prejudicial to the
accused?  X is charged with homicide. He pleads guilty but presents evidence to establish self-
defense. What should the court do?
To warrant a finding of prejudicial publicity, there must be allegations and proof that the judges
have been unduly influenced, not simply that they might be, by the barrage of publicity. The court should withdraw the plea and enter a plea of not guilty.

Right to Appeal, When Allowed  When should the arraignment be held?

 Is the right to appeal a fundamental right? The general rule is that the accused should be arraigned within 30 days from the date the court
acquires jurisdiction over the person of the accused. The time of the pendency of a motion to
No. The right to appeal is a statutory right, except in the case of the minimum appellate quash or for a bill of particulars or other causes justifying suspension of the arraignment shall be
jurisdiction of the Supreme Court granted by the Constitution. Anyone who seeks to exercise the excluded in computing the period.
right to appeal must comply with the requirements of the rules.
However, in the following cases, the accused should be arraigned with a shorter period:
 Can the right to appeal be waived?
1. Where the complainant is about to depart from the Philippines with no definite date of
Yes, it can be waived expressly or impliedly. return, the accused should be arraigned without delay and his trial should commence
within 3 days from arraignment.
 What is the effect of the flight of the accused on his right to appeal? 2. The trial of cases under the Child Abuse Act requires that the trial should be commenced
within 3 days from arraignment.
When the accused flees after the case has been submitted to the court for decision, he will be 3. When the accused is under preventive detention, his case shall be raffled and its records
deemed to have waived his right to appeal from the judgment rendered against him. transmitted to the judge to whom the case was raffled within 3 days from the filing of the
 22
information or complaint. The accused shall be arraigned within 10 days from the date of  Can the prosecution call witnesses that are not listed in the information?
the raffle.
Yes. The prosecution may call at the trial witnesses other than those named in the complaint or
 Can the lawyer of the accused enter a plea for him? information.

No. The accused must personally enter his plea.  X was charged with homicide. He entered a plea of guilty. He was later allowed to
testify in order to prove the mitigating circumstance of incomplete self-defense. At the
 What is the importance of arraignment? trial, he presented evidence to prove that he acted in complete self-defense. The court
acquitted him. Later, X was again charged with physical injuries. X invoked double
Arraignment is the means for bringing the accused into court and informing him of the nature and jeopardy. Can X be prosecuted again for physical injuries?
cause of the accusation against him. During arraignment, he is made fully aware of possible loss Yes. There was no double jeopardy. In order for double jeopardy to attach, there must have
of freedom or life. He is informed why the prosecuting arm of the State is mobilized against him. been a valid plea to the first offense. In this case, the presentation by X of evidence to prove
It is necessary in order to fix the identity of the accused, to inform him of the charge, and to give complete self-defense had the effect of vacating his plea of guilt. When the plea of guilt was
him an opportunity to plead. vacated, the court should have ordered him to plead again, or at least should have directed that a
new plea of not guilty be entered for him. Because the court did not do this, at the time of the
 During the arraignment, is the judge duty-bound to point out that an information is acquittal, there was actually no standing plea for X. Since there was no valid plea, there can be
duplicitous? no double jeopardy.

No. The judge has no obligation to point out the duplicitousness or any other defect in an  Can a person who pleaded guilty still be acquitted?
information during arraignment. The obligation to move to quash a defective information belongs
to the accused, whose failure to do so constitutes a waiver of the right to object. Yes. When an accused pleads guilty, it does not necessarily follow that he will be convicted.
Additional evidence independent of the guilty plea may be considered by the judge to ensure that
 X was tried for murder without having been arraigned. At the trial, X’s counsel the plea of guilt was intelligently made. The totality of evidence should determine whether the
presented witnesses and cross-examined the prosecution witnesses. It was only after accused should be convicted or acquitted.
the case was submitted for decision that X was arraigned. X was convicted. Can X
invoke the failure of the court to arraign him before trial as a ground for questioning the  When can the accused plead guilty to a lesser offense?
conviction?
At arraignment, the accused may plead guilty to a lesser offense which is necessarily included in
No. The failure of the court to arraign X before trial was conducted did not prejudice the rights of the offense charged, provided that the offended party and the prosecutor give their consent.
X since he was able to present evidence and cross-examine the witnesses of the prosecution. The
error was cured by the subsequent arraignment. After arraignment BUT BEFORE TRIAL, the accused may still be allowed to plead guilty to a lesser
offense, after he withdraws his plea of not guilty. In such a case, the complaint or information
 Is the accused presumed to have been arraigned in the absence of proof to the need not be amended.
contrary?
When the penalty imposable for the offense is at least 6 years and 1 day or a fine exceeding
Yes. In view of the presumption of regularity in the performance of official duties, it can be P12,000, the prosecutor must first submit his recommendation to the City or Provincial Prosecutor
presumed that a person accused of a crime was arraigned, in the absence of proof to the contrary. or to the Chief State Prosecutor for approval. If the recommendation is approved, the trial
However, the presumption of regularity is not applied when the penalty imposed is death. When prosecutor may then consent to the plea of guilty to a lesser offense.
the life of a person is at stake, the court cannot presume that there was an arraignment; it has to
be sure that there was one.  What should the court do when the accused pleads guilty to a capital offense?

 Is the accused entitled to know in advance the names of all of the prosecution The court should:
witnesses?
1. conduct a searching inquiry into the voluntariness and full comprehension of the
No. The success of the prosecution might be endangered if this right were granted to the accused. consequences of the plea.
The witnesses might be subjected to pressure or coercion. The right time for the accused to know 2. require the prosecution to present evidence to prove the guilt and the precise degree of
their identities is when they take the witness stand. culpability of the accused for the purpose of imposing the proper penalty.
 23
3. ask the accused if he desires to present evidence in his behalf and allow him to do so if he
desires. No. The withdrawal of the plea of guilty is not a matter of strict right to the accused but is within
the discretion of the court. The reason for this is that trial has already commenced; withdrawal of
 Does a plea of guilty mean an admission even of the aggravating circumstances? the plea will change the theory of the case and will put all of the past proceedings to waste.
Therefore, it may only be withdrawn with permission of the court.
Yes. A plea of guilty results in the admission of all the material facts in the complaint or
information, including the aggravating circumstances. Because of this, the court should only Moreover, there is a presumption that the plea was made voluntarily. The court must decide
accept a clear, definite, and unconditional plea of guilty. whether the consent of the accused was, in fact, vitiated when he entered his plea.

 When can the plea of guilty be considered a mitigating circumstance?  X is charged with homicide. He pleads guilty, but tells the judge “hindi ko sinasadya.”
Is his plea valid?
It is mitigating if made before the prosecution starts to present evidence.
No. In order to be valid, the plea of guilty must be unconditional. In this case, when X said “hindi
 What is the meaning of the duty of the judge to conduct a “searching inquiry”? ko sinasadya,” he made a qualified plea of guilty. This is not a valid plea of guilty. A plea of not
guilty should be entered instead.
In all cases, the judge must convince himself: (1) that the accused is entering the plea of guilty
voluntarily and intelligently; and (2) that he is truly guilty and that there exists a rational basis for  When a defendant appears without an attorney during arraignment, what should the
a finding of guilt based on his testimony. court do?

In addition, the judge must inform the accused of the exact length of imprisonment and the The court has a four-fold duty:
certainty that he will serve it at the national penitentiary or a penal colony. The judge must dispel
any false notion that the accused may have that he will get off lightly because of his plea of guilt. 1. It must inform the defendant that he has a right to an attorney before being arraigned;
2. After informing him, the court must ask the defendant if he desires to have the aid of an
 Is it mandatory for the prosecution to present proof of aggravating circumstances? attorney;
3. If he desires and is unable to employ an attorney, the court must assign an attorney de
Yes. It is mandatory in order to establish the precise degree of culpability and the imposable oficio to defend him;
penalty. Otherwise, there is an improvident plea of guilty. 4. If the accused desires to procure an attorney of his own, the court must grant him a
reasonable time therefor.
 Can a court validly convict an accused based on an improvident plea of guilty?
 What is the reason for this four-fold duty?
Yes. If there is adequate evidence of the guilt of the accused independent of the improvident plea
of guilty, the court may still convict the accused. The conviction will be set aside only if the plea The right to be heard would be of little avail if it does not include the right to be heard by counsel.
of guilt is the sole basis of the judgment.
 What is the effect of the failure of the court to comply with these duties?
 What should the court do when the accused pleads guilty to a non-capital offense?
It is a violation of due process.
The court may receive evidence from the parties to determine the penalty to be imposed. Unlike
in a plea of guilty to a capital offense, the reception of evidence in this case is not mandatory. It  What is a counsel de oficio?
is merely discretionary on the court.
Counsel de oficio is counsel appointed by the court to represent and defend the accused in case he
 When can the validity of a plea of guilty be attacked? cannot afford to employ one himself.

Generally, a plea of guilty cannot be attacked if it is made voluntarily and intelligently. It can only  Who can be appointed as counsel de oficio?
be attacked if it was induced by threats, misrepresentation, or bribes. When the consensual
character of the plea is called into question or when it is shown that the defendant was not fully The court, considering the gravity of the offense and the difficulty of the questions that may arise
apprised of its consequences, the plea can be challenged. shall appoint as counsel de oficio:

 Can an improvident plea of guilty be withdrawn as a matter of right? 1. such members of the bar in good standing
 24
2. who by reason of their experience and ability, can competently defend the accused.
 What is a bill of particulars?
But, in localities where such members of the bar are not available, the court may appoint any
person who is: It is a more specific allegation. A defendant in a criminal case who believes or feels that he is not
sufficiently informed of the crime with which he is charged and not in a position to defend himself
1. a resident of the province properly and adequately could move for a bill or particulars or specifications.
2. and of good repute for probity and ability to defend the accused.
 What is the purpose of a bill of particulars?
 What is the difference between the duty of the court to appoint counsel de oficio
during arraignment and during trial? It is to allow the accused to prepare for his defense.

During arraignment, the court has the affirmative duty to inform the accused of his right to  When can the accused move for a bill of particulars?
counsel and to provide him with one in case he cannot afford it. The court must act on its own
volition, unless the right is waived by the accused. The accused must move for a bill of particulars before arraignment. Otherwise, the right is
deemed waived.
On the other hand, during trial, it is the accused who must assert his right to counsel. The court
will not act unless the accused invokes his rights.  What should be contained in the motion for a bill or particulars?

 Can a non-lawyer represent the accused during arraignment? It should specify the alleged defects of the complaint or information and the details desired.

No. During arraignment, it is the obligation of the court to ensure that the accused is represented  What is the right to modes of discovery?
by a lawyer because it is the first time when the accused is informed of the nature and cause of
the accusation against him. This is a task which only a lawyer can do. It is the right of the accused to move for the production or inspection or material evidence in the
possession of the prosecution. It authorizes the defense to inspect, copy, or photograph any
But during trial, there is no such duty. The accused must ask for a lawyer, or else, the right is evidence of the prosecution in its possession after obtaining permission of the court.
deemed waived. He can even defend himself personally.
 What is the purpose of this right?
 May an accused be validly represented by a non-lawyer at the trial?
The purpose is to prevent surprise to the accused and the suppression or alteration of evidence.
If the accused knowingly engaged the services of the non-lawyer, he is bound by the non-lawyer’s
actions. But if he did not know that he was being represented by a non-lawyer, the judgment is  Is this right available during preliminary investigation?
void because of the misrepresentation.
Yes, when indispensable to protect his constitutional right to life, liberty, and property. (Webb v.
 What are the duties of the pubic attorney if the accused assigned to him is de Leon)
imprisoned?
 What are the grounds for suspending arraignment?
1. He shall promptly undertake to obtain the presence of the prisoner for trial, or cause a
notice to be served on the person having custody of the prisoner, requiring such person to 1. If the accused appears to be suffering from an unsound mental condition, which renders
advise the prisoner of his right to demand trial. him unable to fully understand the charge against him and to plead intelligently thereto.
2. Upon receipt of that notice, the person having custody of the prisoner shall promptly The court should order his mental examination and his confinement, if necessary.
advise the prisoner of the charge and of his right to demand trial. It at anytime 2. If there exists a prejudicial question.
thereafter, the prisoner informs his custodian that he demands such trial, the latter shall 3. If a petition for review of the resolution of the prosecutor is pending either at the DOJ or
cause notice to that effect to be sent promptly to the public attorney. the Office of the President. However, the period of suspension shall not exceed 60 days
3. Upon receipt of such notice, the public attorney shall promptly seek to obtain the presence counted from the filing of the petition for review.
of the prisoner for trial.
4. When the person having custody of the prisoner receives from the public attorney a  What is the test to determine whether the insanity of the accused should warrant the
properly supported request for the availability of the prisoner for purposes of the trial, the suspension of the proceedings?
prisoner shall be made available accordingly.
 25
The test is whether the accused will have a fair trial with the assistance of counsel, in spite of his  What is meant by the statement that “a motion to quash hypothetically admits
insanity. Not every aberration of the mind or exhibition of mental deficiency is sufficient to justify allegations of fact in the information”?
suspension.
It means that the accused argues that assuming that the facts charged are true, the information
RULE 117 MOTION TO QUASH should still be dismissed based on the ground invoked by the defendant. Therefore, since the
defendant assumes that the facts in the information are true, only these facts should be taken into
 When can the accused file a motion to quash? account when the court resolves the motion to quash. Other facts, such as matters of defense,
which are not in the information should not be considered. Exceptions to this rule are when the
At any time before entering his plea, the accused may move to quash the complaint or grounds invoked to quash the information are extinction of criminal liability, prescription, and
information. former jeopardy. In these cases, additional facts are allowed.

 What is the form required for a motion to quash?  Can the accused move to quash on the ground that he was denied due process?

1. It must be in writing. No. Denial of due process is not one of the grounds for a motion to quash.
2. It must be signed by the accused or his counsel.
3. It must specify its factual and legal grounds.  X filed a motion to quash on the following grounds: that the court lacked jurisdiction
over the person of the accused and that the complaint charged more than one offense.
 Can the court dismiss the case based on grounds that are not alleged in the motion to Can the court grant the motion on the ground of lack of jurisdiction over the person of
quash? the accused?

As a general rule, no. The court cannot consider any ground other than those stated in the motion No. A motion to quash on the ground of lack of jurisdiction over the person of the accused must
to quash. The exception is lack of jurisdiction over the offense charged. If this is the ground for be based only on this ground. If other grounds are included, there is a waiver, and the accused is
dismissing the case, it need not be alleged in the motion to quash since it goes into the very deemed to have submitted himself to the jurisdiction of the court.
competence of the court to pass upon the case.
 What is the effect of an information that was signed by an unauthorized person?
 What are the grounds that the accused may invoke to quash a complaint or
information? It is a VALID information signed by a competent officer which, among other requisites, confers
jurisdiction over the person of the accused and the subject matter of the accusation. Thus, an
1. That the facts charged do not constitute an offense; infirmity in the information such as lack of authority of the officer signing it cannot be cured by
2. That the court trying the case has no jurisdiction over the offense charged; silence, acquiescence, express consent, or even amendment.
3. That the court trying the case has no jurisdiction over the person of the accused;
4. That the officer who filed the information had no authority to do so;  What happens if the defendant enters his plea before filing a motion to quash?
5. That it does not conform substantially to the prescribed form;
6. That more than one offense is charged except when a single punishment for various By entering his plea before filing the motion to quash, the defendant waives FORMAL objections to
offenses is prescribed by law (duplicitous); the complaint or information.
7. That the criminal action or liability has been extinguished;
8. That it contains averments which, if true, would constitute a legal excuse or justification; But if the ground for the motion is any of the following, there is no waiver. The ground may be
9. That the accused has been previously convicted or acquitted of the offense charged, or the raised at any stage of the proceeding:
case against him was dismissed or otherwise terminated without his express consent.
(double jeopardy) 1. failure to charge an offense
2. lack of jurisdiction over the offense
 X filed a motion to quash an information on the ground that he was in the US when 3. extinction of criminal liability
the crime charged was committed. Should the motion be granted? 4. double jeopardy

The motion should be denied. The accused is already making a defense. Matters of defense are  How is criminal liability extinguished?
generally not a ground for a motion to quash. They should be presented at the trial.
Under Article 89 of the RPC, criminal liability is extinguished by:
 26
1. death of the convict, and as to pecuniary penalties, liability therefor is extinguished only backward) consequences of the offense
when the death of the offender occurs before final judgment; (looks forward)
2. service of sentence; WHEN IT MAY BE GRANTED Before or after prosecution Only after conviction by final
3. amnesty; judgment
4. absolute pardon;
5. prescription of the crime;  What is the effect of absolute pardon upon criminal liability?
6. prescription of the penalty;
7. marriage of the offended woman, as provided in Article 344 of the RPC. Absolute pardon blots out the crime. It removes all disabilities resulting from the conviction, such
as the political rights of the accused.
 X and Y were charged with adultery. While the case was being tried, X died. What
happens to the criminal liability of X and Y?  What is the effect of pardon by the offended party upon criminal liability?

The criminal liability of X is extinguished. The criminal liability of Y subsists. The death of one of As a general rule, pardon by the offended party does not extinguish criminal liability. Only civil
several accused will not be a cause for dismissal of the criminal action as against the other liability is extinguished by express waiver of the offended party.
accused.
However, pardon granted before the institution of the criminal proceedings in cases of adultery,
 What is the effect of the death of the offended party on the criminal liability of the concubinage, seduction, abduction, and acts of lasciviousness shall extinguish criminal liability.
accused?
 What is the effect of marriage of the offender with the offended party in private
Where the offense charged in a criminal complaint or information is one against the state, crimes?
involving peace and order, the death of the offended party before final conviction of the defendant
will not abate the prosecution. Neither does the death of the offended party in private crimes It shall extinguish the criminal action or remit the penalty already imposed. This applies even to
abate the prosecution. co-principals, accomplices, and accessories.

 What are the means by which criminal liability is partially extinguished? However, where multiple rape is committed, marriage of the offended party with one defendant
extinguishes the latter’s liability and that of his accessories or accomplices for a single crime of
1. Conditional pardon rape cannot extend to the other acts of rape.
2. Commutation of sentence
3. For good conduct, allowances which the culprit may earn while he is serving his sentence  If the offender in rape is the legal husband of the offended party, how can the
husband’s criminal liability be extinguished?
 What are the distinctions between pardon and amnesty?
The subsequent forgiveness by the wife shall extinguish the criminal action or the penalty. But
AMNESTY PARDON the penalty shall not be abated if the marriage is void ab initio.
TYPE OF OFFENSE Political offenses Infractions of the peace
(common crimes)  Why is prescription a ground for a motion to quash?
BENEFICIARY Classes of persons An individual
CONCURRENCE OF Necessary Not necessary This is meant to exhort the prosecution not to delay; otherwise, they will lose the right to
CONGRESS prosecute. It is also meant to secure the best evidence that can be obtained.
ACCEPTANCE Beneficiary need not accept Need for distinct acts of
acceptance on the part of the  What are the prescriptive periods of crimes?
pardonee
JUDICIAL NOTICE Courts take judicial notice Courts do not take judicial OFFENSE PRESCRIPTIVE PERIOD
because it is a public act notice because it is a private Punishable by death, reclusion perpetua, or 20 years
act of the President. reclusion temporal
Therefore, it must be proved Punishable by other afflictive penalties 10 years
in court. Punishable by arresto mayor 5 years
EFFECT Abolishes the offense (looks Relieves the offender from the Libel or other similar offenses 2 years
 27
Oral defamation and slander by deed 6 months
Light offenses 2 months If no order is made, or if no new information was filed within the time specified by the court, the
accused, if in custody, shall be discharged.
 Can the accused still raise prescription as a defense even after conviction? Can the
defense of prescription be waived?  What is the remedy of the accused if the court denies his motion to quash?

The accused can still raise prescription as a defense even after conviction. The defense cannot be The accused cannot appeal an order overruling his motion to quash. This is because an order
waived. This is because the criminal action is totally extinguished by the expiration of the denying a motion to quash is interlocutory; it does not dispose of the case upon its merits. The
prescriptive period. The State thereby loses or waives its right to prosecute and punish it. accused should go to trial and raise it as an error on appeal later.

 What is the proper action of the court when the accused raises the defense of  What are the two kinds of jeopardy?
prescription?
1. No person shall be twice put in jeopardy for the same offense.
The proper action for the court is to exercise its jurisdiction and to decide the case upon the
merits, holding the action to have prescribed and absolving the defendant. The court should not 2. When an act is punished by a law and an ordinance, conviction or acquittal under either
inhibit itself because it does not lose jurisdiction over the subject matter or the person of the shall constitute a bar to another prosecution for the same act.
accused by prescription.
 What are the requisites for the accused to raise the defense of double jeopardy?
 What is the effect of prescription of the offense on the civil liability of the accused?
To raise the defense of double jeopardy, the following requisites must be present:
The extinction of the penal action does not carry with it the extinction of the civil action to enforce
civil liability arising from the offense charged, unless the extinction proceeds from a declaration in 1. a first jeopardy must have attached prior to the second;
a final judgment that the fact from which the civil liability might arise did not exist. 2. the first jeopardy must have been validly terminated;
3. the second jeopardy must be for the same offense or the second offense includes or
 What should the court do if the accused moves to quash the complaint or information is necessarily included in the offense charged in the first information, or is an attempt
on grounds that can be cured by amendment (ex: duplicitous)? or a frustration thereof.

The court should order that the amendment be made.  What are the requisites for the first jeopardy to attach?

 What should the court do if the accused moves to quash on the ground that the facts 1. Valid complaint or information
charged do not constitute an offense? 2. Court of competent jurisdiction
3. Arraignment
The court should give the prosecution the opportunity to correct the defect by amendment. If the 4. Valid plea
prosecution fails to make the amendment, or if, after it makes the amendment, the complaint or 5. The defendant was acquitted, convicted, or the case was dismissed without his express
information still suffers from the same defect, the court should grant/sustain the motion to quash. consent.

 What is the effect if a motion to quash is sustained?  A crime was committed in Makati. The case was filed in Pasay. When the
prosecution realized that the complaint should have been filed in Makati, it filed the case
The court may order that another complaint or information be filed against the accused for the in Makati. Can the accused invoke double jeopardy?
same offense, except if the ground for sustaining the motion to quash is either:
No. The court in Pasay had no jurisdiction; therefore, the accused was in no danger of being
1. extinguishment of the criminal liability of the accused, or placed in jeopardy. The first jeopardy did not validly attach.
2. double jeopardy.
 For purposes of double jeopardy, when is a complaint or information valid?
The grant of a motion to quash on these two grounds is a bar to another prosecution for the same
offense. A complaint or information is valid if it can support a judgment of conviction. It the complaint or
information is not valid, it would violate the right of the accused to be informed of the nature and
If the order is made, the accused, if in custody, shall not be discharged unless admitted to bail.
 28
cause of the accusation against him. If he is convicted under this complaint or information, the No. The first jeopardy was not terminated through either conviction, acquittal, or dismissal
conviction is null and void. If the conviction is null and void, there can be no first jeopardy. without the express consent of X. The first case was dismissed upon motion of X himself.
Therefore, he cannot invoke double jeopardy.
 X was charged with qualified theft. X moved to dismiss on the ground of insufficiency
of the information. The case was dismissed. Subsequently, the prosecution filed a  X was charged with theft. During trial, the evidence showed that the offense
corrected information. Can X plead double jeopardy? committed was actually estafa. What should the judge do?

No. The first jeopardy did not attach because the first information was not valid. The judge should order the substitution of the complaint for theft with a new one charging estafa.
Upon filing of the substituted complaint, the judge should dismiss the original complaint.
 X was charged with theft. During the trial, the prosecution was able to prove estafa.
X was acquitted of theft. Can X be prosecuted for estafa later without placing him in If it appears at any time before judgment that a mistake has been made in charging the proper
double jeopardy? offense, the court shall dismiss the original complaint or information upon the filing of a new one
charging the proper offense.
Yes. For jeopardy to attach, the basis is the crime charged in the complaint or information, and
not the one proved at the trial. In this case, the crime charged in the first information was theft.  What are the requisites for a valid substitution of a complaint or information?
X was therefore placed in jeopardy of being convicted of theft. Since estafa is not an offense
which is included or necessarily includes theft, X can still be prosecuted for estafa without placing 1. No judgment has been rendered;
him in double jeopardy. 2. The accused cannot be convicted of the offense charged or any other offense necessarily
included in the offense charged;
 The estafa case against X was dismissed, but the dismissal contained a reservation of 3. The accused will not be placed in double jeopardy.
the right to file another action. Can another estafa case be filed against X without
placing him in double jeopardy?  X was charged with homicide. On the first day of trial, the prosecution failed to
appear. The court dismissed the case on the ground of violation of the right of the
Yes. To raise the defense of double jeopardy, the firs jeopardy must have been validly accused to speedy trial. X was later charged with murder. Can X invoke double
terminated. This means that there must have been either a conviction or an acquittal, or an jeopardy?
unconditional dismissal of the case. A provisional dismissal, such as this one, does not validly
terminate the first jeopardy. No. The first jeopardy was not validly terminated. The judge who dismissed the case on the
ground of violation of the right of X to speedy trial committed grave abuse of discretion in
Note, however, that in the second kind of jeopardy (one act punished by a law and an ordinance), dismissing the case after the prosecution failed to appear once. This is not a valid dismissal
the first jeopardy can only be terminated either by conviction or acquittal, and not by dismissal of because it deprives the prosecution of due process. When the judge gravely abuses his discretion
the case without the express consent of the accused. in dismissing a case, the dismissal is not valid. Therefore, X cannot invoke double jeopardy.

 X was charged with theft. On the day of the trial, the prosecution could not go to trial  Distinguish between dismissal and acquittal.
because important witnesses were unable to appear. Counsel for the accused moved to
dismiss the case. The court dismissed the case provisionally. Subsequently, X was Acquittal is always based on the merits. The accused is acquitted because the evidence does not
charged with theft again. Can X invoke double jeopardy? show his guilt beyond reasonable doubt. Dismissal does not decide the case on the merits, nor
does it determine that the accused is not guilty. Dismissals terminate the proceedings, either
No. The case was dismissed upon motion of counsel for the accused, so it was not dismissed because the court is not a court of competent jurisdiction or the evidence does not show that the
without his express consent. Moreover, the dismissal was only provisional, which is not a valid offense was committed within the territorial jurisdiction of the court, or the complaint or
termination of the first jeopardy. In order to validly terminate the first jeopardy, the dismissal information is not valid or sufficient in form and substance.
must have been unconditional.
 When is a dismissal of the case, even with the express consent of the accused,
 X was charged with slight physical injuries. On his motion, the case was dismissed equivalent to an acquittal, which would constitute a bar to a second jeopardy? When is
during the trial. Another case for assault upon a person in authority was filed against it not a bar to a second jeopardy?
him. Can X invoke double jeopardy?
A dismissal upon motion of the accused or his counsel negates the application of double jeopardy
because the motion of the accused amounts to express consent, EXCEPT:
 29
1. if the ground is insufficiency of evidence of the prosecution (demurrer to evidence), or No. Silence does not mean consent to the dismissal. If the accused fails to object or
2. denial of the right to speedy trial. acquiesces to the dismissal of the case, he can still invoke double jeopardy, since the dismissal
was still without his express consent. He is deemed to have waived his right against double
In these two cases, even upon motion of the accused, the dismissal amounts to an acquittal and jeopardy if he expressly consents to the dismissal.
would bar a second jeopardy.
 X was charged with murder. The prosecution moved to dismiss the case. Counsel for
But if the accused moves to dismiss on the following grounds, he can still be prosecuted for the X wrote the words “No objection” at the bottom of the motion to dismiss and signed it.
same offense because he is deemed to have waived his right against a second jeopardy: Can X invoke double jeopardy later on?

1. Lack of jurisdiction (Why? Because if you move to dismiss on the ground of lack of No. X is deemed to have expressly consented to the dismissal of the case when his counsel wrote
jurisdiction, it means that you could not have been validly convicted by that court. You “No objection at the bottom of the motion to dismiss. Since the case was dismissed with his
are later estopped from claiming that you were in danger of conviction). express consent, X cannot invoke double jeopardy.
2. Insufficiency of complaint or information (Same reason. You could not have been validly
convicted under that defective information, so you are estopped from claiming that there  X was charged with murder. After the prosecution presented its evidence, X filed a
was a first jeopardy). motion to dismiss on the ground that the prosecution failed to prove that the crime was
committed within the territorial jurisdiction of the court. The court dismissed the case.
 When will dismissal or termination of the first case not bar a second jeopardy? The prosecution appealed. Can X invoke double jeopardy?

The conditions when dismissal or termination will not place the accused in double jeopardy are: No. X cannot invoke double jeopardy. The dismissal was upon his own motion, so it was with his
express consent. Since the dismissal was with his express consent, he is deemed to have waived
1. The dismissal must be sought by the defendant personally or through his counsel; and his right against double jeopardy. The only time when a dismissal, even upon motion of the
2. Such dismissal must not be on the merits and must not necessarily amount to an accuse, will bar a second jeopardy is if it is based either on insufficiency of evidence or denial of
acquittal. the right of the accused to speedy trial. These are not the grounds invoked by X, so he cannot
claim double jeopardy.
 Before the prosecution could finish presenting its evidence, the accused filed a
demurrer to evidence. The court granted the motion and dismissed the case on the  X was charged with homicide. X moved to dismiss on the ground that the court had
ground of insufficiency of evidence of the prosecution. Can the accused be prosecuted no jurisdiction. Believing that it had no jurisdiction, the judge dismissed the case.
for the same offense again? Since the court, in fact, had jurisdiction over the case, the prosecution filed another case
in the same court. Can X invoke double jeopardy?
Yes. There was no double jeopardy because the court exceeded its jurisdiction in dismissing the
case even before the prosecution could finish presenting evidence. It denied the prosecution of its No. X is estopped from claiming that he was in danger of being convicted during the first case,
right to due process. Because of this, the dismissal is null and void and cannot constitute a proper since he had himself earlier alleged that the court had no jurisdiction.
basis for a claim of double jeopardy.
 X was charged with homicide. The court, believing that it had no jurisdiction, motu
 The prosecutor filed an information against X for homicide. Before X could be propio dismissed the case. The prosecution appealed, claiming that the court, in fact,
arraigned, the prosecutor withdrew the information, without notice to X. The had jurisdiction. Can X invoke double jeopardy?
prosecutor then filed an information against X for murder. Can X invoke double
jeopardy? Yes. When the trial court has jurisdiction but mistakenly dismisses the complaint or information
on the ground of lack of it, and the dismissal was not at the request of the accused, the dismissal
No. X has not yet been arraigned under the first information. Therefore, the first jeopardy did not is not appealable because it will place the accused in double jeopardy.
attach. A nolle prosequi or dismissal entered before the accused is placed on trial and before he
pleads is not equivalent to an acquittal and does not bar a subsequent prosecution for the same  X was charged with rape. X moved to dismiss on the ground that the complaint was
offense. insufficient because it did not allege lewd designs. The court dismissed the case. Later,
another case for rape was filed against X. Can X invoke double jeopardy?
 If the accused fails to object to the motion to dismiss the case filed by the
prosecution, is he deemed to have consented to the dismissal? Can he still invoke No. Like the previous problem, X is estopped from claiming that he could have been convicted
double jeopardy? under the first complaint. He himself moved to dismiss on the ground that the complaint was
 30
insufficient. He cannot change his position and now claim that he was in danger of being  What are the exceptions to double jeopardy? When can the accused be charged
convicted under that complaint. with a second offense which necessarily includes the offense charged in the former
complaint or information?
 X was charged with murder, along with three other people. X was discharged as a
state witness. Can X be prosecuted again for the same offense? The conviction of the accused shall not be a bar to another prosecution for an offense which
necessarily includes the offense charged in the former complaint or information under any of the
It depends. As a general rule, an order discharging an accused as a state witness amounts to an following circumstances:
acquittal, and he is barred from being prosecuted again for the same offense. However, if he fails
or refuses to testify against his co-accused in accordance with his sworn statement constituting 1. the graver offense developed due to supervening facts arising from the same act or
the basis for the discharge, he can be prosecuted again. omission constituting the former charge;
2. the facts constituting the graver charge became known or were discovered only after
 Can a person accused of estafa be charged with violation of BP22 without placing him a plea was entered in the former complaint or information;
in double jeopardy? 3. the plea of guilty to the lesser offense was made without the consent of the
prosecutor and the offended party except if the offended party fails to appear at the
Yes. Where two different laws define two crimes, prior jeopardy as to one of the is no obstacle to arraignment.
a prosecution of the other although both offenses arise from the same facts, if each crime involves
some important act which is not an essential element of the other. Other examples: Illegal  What is the doctrine of supervening fact?
recruitment and estafa, illegal fishing and illegal possession of explosives, alarm and scandal and
illegal discharge of firearms, brigandage and illegal possession of firearms, consented abduction If, after the first prosecution, a new fact supervenes on which the defendant may be held liable,
and qualified seduction. altering the character of the crime and giving rise to a new and distinct offense, the accused
cannot be said to be in second jeopardy if indicted for the new offense.
But take note of the following:
 X was charged with frustrated homicide. There was nothing to indicated that the
Possession of a shotgun and a revolver by the same person at the same time is only one act of victim was going to die. X was arraigned. Before trial, the victim dies. Can X be
possession, so there is only one violation of the law. charged with homicide?

Conviction for smoking opium bars prosecution for illegal possession of the pipe. He cannot It depends. If the death of the victim can be traced to the acts of X, and the victim did not
smoke the opium without the pipe. contribute to his death with his negligence, X can be charged with homicide. This is a supervening
fact. But if the act of X was not the proximate cause of death, he cannot be charged with
Theft of 13 cows at the same time and in the same place is only one act of theft. homicide.

Conviction for less serious physical injuries bars prosecution for assault upon a person in  X was charged with reckless imprudence resulting in homicide and was acquitted. The
authority. heirs of the victim appealed the civil aspect of the judgment. X claims that the appeal
will place him in double jeopardy. Is X correct?
Reckless imprudence resulting in damage to property and serious or less serious physical injuries
is only one offense. If it is slight physical injuries, it can be broken down into two offenses, since No. There was no second jeopardy. What was elevated on appeal was the civil aspect of the
a light offense cannot be complexed. case, not the criminal aspect. The extinction of criminal liability whether by prescription or by the
bar of double jeopardy does not carry with it the extinction of civil liability arising from the offense
 X installed a jumper cable which allowed him to reduce his electricity bill. He was charged.
prosecuted for violating a municipal ordinance against unauthorized installation of the
device. He was convicted. Can he still be prosecuted for theft?  X was charged with murder and was acquitted. Can the prosecution appeal the
acquittal?
No. Under the second type of jeopardy, when an act is punished by a law and an ordinance,
conviction or acquittal under once will bar a prosecution under the other. (But remember, that No. The prosecution cannot appeal the acquittal, since it would place the accused in double
there has to be either conviction or acquittal. Dismissal without the express consent of the jeopardy.
accused is not sufficient).
Even if the decision of acquittal was erroneous, the prosecution still cannot appeal the decision. It
would still place the accused in double jeopardy.
 31

 When can the prosecution appeal despite the dismissal or termination of the case? Pre-trial is mandatory in all criminal cases cognizable by the Sandiganbayan, RTC, MTCs and
Municipal Circuit Trial Courts.
As a general rule, the dismissal or termination of the case after arraignment and plea of the
defendant to a valid information shall be a bar to another prosecution for the same offense, an  When should it be conducted?
attempt or frustration thereof, or one included or which includes the previous offense. The After arraignment and within 30 days from the date the court acquires jurisdiction over the person
exceptions are: of the accused.

1. if the dismissal of the first case was made upon motion or with the express consent of the  What happens during pre-trial?
defendant, unless the grounds are insufficiency of evidence or denial of the right to speedy
trial; The following things are considered:
2. if the dismissal is not an acquittal or based upon consideration of the evidence or of the
merits of the case; and 1. plea bargaining
3. the question to be passed upon by the appellate court is purely legal so that should the 2. stipulation of facts
dismissal be found incorrect, the case would have to be remanded to the court of origin for 3. marking for identification of evidence of the parties
further proceedings to determine the guilt or innocence of the accused. 4. waiver of objections to admissibility of evidence
5. modification of the order of trial if the accused admits the charge but interposes a lawful
 What is the effect of the appeal by the accused? defense
6. other matters that will promote a fair and expeditious trial of the criminal and civil aspects
If the accused appeals, he waives his right against double jeopardy. The case is thrown wide open of the case
for review and a penalty higher than that of the original conviction could be imposed upon him.
 What is the form required for the pre-trial agreement?
 What should the accused do if the court denies the motion to quash on the ground of
double jeopardy? Any agreement or admission entered into during the pre-trial conference should be:

He should plead not guilty and reiterate his defense of former jeopardy. In case of conviction, he 1. in writing
should appeal from the judgment, on the ground of double jeopardy. 2. signed by the accused
3. signed by counsel
 When can a case be provisionally dismissed?
Otherwise, it cannot be used against the accused.
A case can only be dismissed provisionally if the accused expressly consents, and with notice to
the offended party. Provisional dismissal does not place the accused in double jeopardy. But, ff  What is a pre-trial order?
the accused objects to the provisional dismissal, a revival of the case would place him in double
jeopardy. It is an order issued by the court after the pre-trial conference containing:

 When does the provisional dismissal become final? 1. a recital of the actions taken,
2. the facts stipulated, and
The provisional dismissal of offenses punishable by imprisonment exceeding 6 years or a fine of 3. the evidence marked.
any amount shall become permanent after 1 year without the case having been revived.
The pre-trial order binds the parties, limits the trial to matters not disposed of, and controls the
For offenses punishable by imprisonment of more than 6 years, the provisional dismissal shall course of the action during the trial, unless modified by the court to prevent manifest injustice.
become permanent after 2 years without the case having been revived.
 What is plea bargaining? Why is it encouraged?
After the provisional dismissal becomes final, the accused cannot be prosecuted anymore.
It is the disposition of criminal charges by agreement between the prosecution and the accused.
RULE 118 PRE-TRIAL It is encouraged because it leads to prompt and final disposition of most criminal cases. It
shortens the time between charge and disposition and enhances whatever may be the
 When is pre-trial required? rehabilitative prospects of the guilty when they are ultimately imprisoned.
 32
2. Any period resulting from the absence or unavailability of an essential witness.
 When is plea bargaining not allowed? 3. Any period of delay resulting from mental incompetence or physical inability of the
accused to stand trial.
It is not allowed under the Dangerous Drugs Act where the imposable penalty is reclusion 4. If the information is dismissed upon motion of the prosecution and thereafter a charge is
perpetua to death. filed against the accused for the same offense, any period of delay from the date the
charge was dismissed to the date the time limitation would commence to run as to the
RULE 119 TRIAL subsequent charge, had there been no previous charge. (say what?)
5. A reasonable period of delay when the accused is joined for trial with a co-accused
 How much time does the accused have to prepare for trial? over whom the court has not acquired jurisdiction, or as to whom the time for trial
has not run and not motion for separate trial has been granted.
After he enters his plea of not guilty, the accused shall have at least 15 days to prepare for trial. 6. Any period of delay from a continuance granted by any court motu propio, or on motion
The trial shall commence within 30 days from receipt of the pre-trial order. of either the accused or his counsel, or the prosecution, if the court granted it on the basis
of finding that the ends of justice served by taking such action outweigh the best interest
 How long should the trial last? of the public and the accused in a speedy trial.

The entire trial period should not exceed 180 days from the first day of trial, except if authorized  What are examples of other proceedings concerning the accused which should be
by the Supreme Court. excluded from the computation of time?

 What are the duties of the presiding judge under the continuous trial system? 1. Delay resulting from an examination of the physical and mental condition of the
accused;
The judge should: 2. Delay resulting from proceedings with respect to other criminal charges against the
accused;
1. adhere faithfully to the session hours prescribed by laws; 3. Delay resulting from extraordinary remedies against interlocutory orders;
2. maintain full control of the proceedings; 4. Delay resulting from pre-trial proceedings, provided that the delay does not exceed 30
3. efficiently allocate and use time and court resources to avoid court delays. days;
5. Delay resulting from orders of inhibition, or proceedings relating to change of
 In which cases is the time limitation not applicable? venue of cases or transfer from other courts;
6. Delay resulting from a finding of the existence of a prejudicial question
1. Criminal cases covered by the Rule on Summary Procedure or those where the penalty 7. Delay reasonably attributable to any period not to exceed 30 days during which any
does not exceed 6 months imprisonment or a fine of P1,000: governed by the Rules on proceeding concerning the accused is actually under advisement.
Summary Procedure
 When is an essential witness considered absent?
2. When the offended party is about to depart with no definite date or return: trial shall
commence within 3 days from the date of arraignment, and cannot be postponed except When his whereabouts are unknown or cannot be determined with due diligence.
on grounds of illness of the accused or other grounds over which the accused has no
control  When is an essential witness considered unavailable?
3. Child abuse cases: trial shall commence within 3 days from arraignment and cannot be
postponed except on grounds of illness of the accused or other grounds beyond his control When his whereabouts are known but his presence at the trial cannot be obtained with due
4. Violations of Dangerous Drugs Law: trial shall be finished within 3 months from filing of diligence.
the information.
5. Kidnapping, Robbery in a band, Robbery against a Banking or Financial Institution,  What are the factors for granting a continuance/postponement?
Violation of the Carnapping Act, and other heinous crimes: trial shall be finished within 60
days from the first day of trial. 1. Whether or not the failure to grant a continuance in the proceeding would likely make a
continuation of such proceeding impossible or result in a miscarriage of justice; and
 What are the periods that should be excluded in computing the time within which trial 2. Whether or not the case taken as a whole is so novel, unusual, and complex, due to the
must commence? number of accused or the nature of the prosecution, or that it is unreasonable to expect
adequate preparation within the periods of time established therein.
1. Any period of delay resulting from other proceedings concerning the accused
 33
No continuance shall be granted because of congestion of the court’s calendar or lack of However, when the accused admits the act or omission charged in the complaint or information,
diligent preparation or failure to obtain available witnesses on the part of the prosecutor. but interposes a lawful defense, there will be a reverse trial.

 Is the grant of a motion for continuance or postponement a matter of right?  Distinguish between a negative defense and an affirmative defense.

No. It is a matter of discretion on the part of the court. A negative defense requires the prosecution to prove the guilt of the accused beyond reasonable
doubt. In a negative defense, the accused claims that one of the elements of the offense charged
 What are the public attorney’s duties where his client is being preventively detained? is not present. It is incumbent upon the prosecution to prove the existence of this element. For
example, in illegal possession of firearms, the accused may interpose the negative defense that he
1. He shall promptly undertake to obtain the presence of the prisoner for trial, or cause a had a license to carry the firearm. He cannot be compelled by the prosecution to present the
notice to be served on the person having custody of the prisoner, requiring such person to license. It is the duty of the prosecution to prove the absence of the license, which is an essential
advise the prisoner of his right to demand trial. element of the offense charged.
2. Upon receipt of that notice, the person having custody of the prisoner shall promptly
advise the prisoner of the charge and of his right to demand trial. It at anytime On the other hand, in an affirmative defense, the accused admits the act or omission charged, but
thereafter, the prisoner informs his custodian that he demands such trial, the latter shall interposes a defense, which if proven, would exculpate him. For example, the accused admits
cause notice to that effect to be sent promptly to the public attorney. killing the victim, but he claims that he did it in self-defense. In this case, the burden of proving
the elements of self-defense belong to the accused. There will be a reverse trial in which the
3. Upon receipt of such notice, the public attorney shall promptly seek to obtain the presence accused will prove the elements of self-defense. This is because the accused admits the act or
of the prisoner for trial. omission already. The prosecution need not prove it anymore. The accused must now present
4. When the person having custody of the prisoner receives from the public attorney a evidence to justify the commission of the act.
properly supported request for the availability of the prisoner for purposes of the trial, the
prisoner shall be made available accordingly.  Who may examine a defense witness? Who may examine a prosecution witness?

 If the accused is not brought to trial within the time limit required, what is the A defense witness may be examined by any judge or by any member of the bar in good
remedy? standing designated by the judge, or before an inferior court.

The accused should move to dismiss the information of the ground of denial of his right to speedy On the other hand, a prosecution witness may only be examined before the judge of the court
trial. He shall have the burden of proving the motion, but the prosecution shall have the burden where the case is pending.
or proving that the delay was covered by the allowed exclusions of time. If the complaint or
information is dismissed, the accused can plead double jeopardy to a subsequent prosecution.  If there are two or more accused, should they be tried jointly or separately?

The accused must move to dismiss before actually going to trial. Otherwise, it is a waiver of the As a general rule, when two or more accused are jointly charged with an offense, they should also
right to dismiss. be tried jointly. However, the court, in its discretion and upon motion of the prosecutor or
any accused, may order separate trial for one of the accused.
 What is the order of trial?
 What happens to the evidence presented in the trial of the other accused if a separate
The trial proceeds in the following order: trial is granted?

1. The prosecution shall present evidence to prove the charge and civil liability, if proper. When a separate trial is demanded and granted, it is the duty of the prosecution to repeat and
2. the accused may present evidence to prove his defense and damages, if any, arising from produce all its evidence at each and every trial, unless it had been agreed by the parties that the
the issuance of a provisional remedy in the case. evidence for the prosecution would not have to be repeated at the second trial and all the accused
3. The prosecution and the defense may, in that order, present rebuttal and sur-rebuttal had been present during the presentation of the evidence of the prosecution and their attorney
evidence, unless the court, in furtherance of justice, permits them to present additional had the opportunity to cross-examine the witnesses for the prosecution.
evidence bearing upon the main issue.
4. Upon admission of the evidence of the parties, the case shall be deemed submitted for  X, a public officer, was charged with malversation of public funds in conspiracy with
decision unless the court directs them to argue orally or to submit written memoranda. Y, a civilian. Should they both be tried in the Sandiganbayan?
 34
Yes. In case private individuals are charged as co-principals, accomplices, or accessories with
public officers, they shall be tried jointly with said public officers in the proper courts which shall Although Chua v. CA (p. 703 of Herrera) says that the prosecution is not required to present all its
exercise exclusive jurisdiction over them. other evidence before an accused can be discharged. The accused may be discharged at any time
before the defendants have entered upon their defense.
 What is a state witness?
 What is the meaning of “absolute necessity” of the testimony of the proposed state
A state witness is one of two or more persons jointly charged with the commission of a witness?
crime but who is discharged with his consent as such accused so that he may be a witness for the
State. It means that there is no other evidence to establish the offense other than the testimony of the
accused. For example, where an offense is committed in conspiracy and clandestinely, the
 When should the application for discharge of the state witness be made? discharge of one of the conspirators is necessary in order to provide direct evidence of the
commission of the crime. No one else other than one of the conspirators can testify on what
It should be made upon motion of the prosecution before resting its case. happened among them.

 What is the procedure?  What is the remedy of the prosecution if the court denies the motion to discharge?

1. Before resting its case, the prosecution should file a motion to discharge the accused as The State can file a petition for certiorari.
state witness with his consent.
 What are the effects of the discharge?
2. The court will require the prosecution to present evidence and the sworn statement of the
proposed state witness at a hearing in order to support the discharge. 1. Evidence in support of the discharge become part of the trial. But if the court denies the
motion to discharge, his sworn statement shall be inadmissible in evidence.
3. The court will determine if the requisites of giving the discharge are present. Evidence 2. Discharge of the accused operates as an acquittal and bar to further prosecution for the
adduced in support of the discharge shall automatically form part of the trial. same offense,
EXCEPT if he fails or refuses to testify against his co-accused in accordance with his sworn
4. If the court is satisfied, it will discharge the state witness. The discharge is equivalent to statement constituting the basis of the discharge. In this case, he can be prosecuted
an acquittal, unless the witness later fails or refuses to testify. again AND his admission can be used against him.

5. If the court denies the motion for discharge, his sworn statement shall be inadmissible as  What happens if the court improperly or erroneously discharges an accused as state
evidence. witness (ex. he has been convicted pala of a crime involving moral turpitude)?

 What are the requisites in order for a person to be discharged as a state witness? The improper discharge will not render inadmissible his testimony nor detract from his
competency as a witness. It will also not invalidate his acquittal because the acquittal becomes
1. There is absolute necessity for the testimony of the accused whose discharge is ineffective only if he fails or refuses to testify.
requested;
2. There is no direct evidence available for the proper prosecution of the offense  What happens when the original information under which an accused was discharged
committed, except the testimony of the said accused; is later amended?
3. The testimony of said accused can be substantially corroborated in its material points;
4. Said accused does not appear to be the most guilty; A discharge under the original information is just as binding upon the subsequent amended
5. Said accused has not at any time been convicted of any offense involving moral information, since the amended information is just a continuation of the original.
turpitude.
 Can the other conspirators be convicted solely on the basis of the testimony of the
 Can the court grant the discharge before the prosecution has finished presenting all discharged state witness?
its evidence?
No. There must be other evidence to support his testimony. The testimony of a state witness
No. The court should resolve any motion to discharge only after the prosecution has presented all comes from a polluted source and must be received with caution. It should be substantially
of its evidence since it is at this time when the court can determine the presence of the requisites corroborated in its material points.
above.
 35
As an exception however, the testimony of a co-conspirator, even if uncorroborated, will be  What is the remedy of the accused if the demurrer to evidence is denied?
considered sufficient if given in a straightforward manner and it contains details which could not
have been the result of deliberate afterthought. As a general rule, there can be no appeal or certiorari from the denial of the demurrer to evidence,
since it is an interlocutory order, which does not pass judgment on the merits of the case. The
 When can different offenses be tried jointly? codal says that there is no certiorari, but J. Sabio says that if there was grave abuse of discretion,
there can be certiorari.
When the offenses are founded on the same facts or form part of a series of offenses of similar
character, the court has the discretion to consolidate and try them jointly.  When can a case be reopened?

 What is a demurrer to evidence? At any time before finality of judgment of conviction, the judge may reopen the case either
on his own volition or upon motion, with hearing in either case, in order to avoid a miscarriage of
It is a motion to dismiss the case filed by the defense after the prosecution rests on the ground of justice.
insufficiency of the evidence of the prosecution.
The proceedings should be terminated within 30 days from the order granting the reopening of the
 What are the ways by which a case may be dismissed on the basis of insufficiency of case.
evidence of the prosecution?
RULE 120 JUDGMENT
There are two ways:
 What is judgment?
1. the court may dismiss the case on its own initiative after giving the prosecution the right
to be heard; or Judgment is the adjudication by the court that the accused is guilty or not guilty of the offense
2. upon demurrer to evidence filed by the accused with or without leave of court. charged and the imposition on him of the proper penalty and civil liability, if any.

 How do you file a demurrer to evidence with leave of court?  What is the form required for the judgment?

Within 5 days after the prosecution rests, the accused should file a motion for leave of court to file The judgment must:
a demurrer to evidence. In the motion for leave of court, he should state his grounds. The
prosecution shall have 5 days within which to oppose the motion. 1. be written in the official language,
2. personally and directly prepared by the judge,
If the leave of court is granted, the accused shall file the demurrer to evidence within 10 days 3. signed by him, and
from notice of the grant of leave of court. The prosecution may oppose the demurrer to evidence 4. should contain clearly and distinctly a statement of the facts and law upon which it is
within 10 days from its receipt of the demurrer. based.

 What is the effect of filing the demurrer to evidence with leave of court?  If the judge has very strong beliefs against the imposition of the death penalty, can
he refuse to impose it upon an accused who is guilty of an offense punishable with
If the court grants it, the case is dismissed. death?

If the court denies the demurrer to evidence filed with leave of court, the accused may still No. The judge must impose the proper penalty provided for by the law, even if he is against it. If
adduce evidence in his defense. he refuses to do so, it is grave abuse of discretion amounting to lack of jurisdiction.

 What is the effect of filing the demurrer to evidence without leave of court?  What are the contents of the judgment?

If the court denies the demurrer to evidence without leave of court, the accused is deemed to If the judgment is of conviction, it shall state the following:
have waived his right to present evidence and submits the case for judgment on the basis of the
evidence of the prosecution. This is because demurrer to evidence is not a matter of right but is 1. the legal qualification of the offense constituted by the acts committed by the accused
discretionary on the court. You have to ask for its permission before filing it, or else you lose and the aggravating and mitigating circumstances which attended its commission;
certain rights. 2. the participation of the accused, whether as principal, accomplice, or accessory;
3. the penalty imposed upon the accused;
 36
4. the civil liability or damages, if any, unless the enforcement of the civil liability has
been reserved or waived by the offended party. No. The judge cannot impose alternative penalties (using OR). The penalty imposed must be
definite. When the judge imposes alternative penalties, giving the defendant the right to choose
If the judgment is of acquittal, the decision shall state: which one to serve, he gives discretion belonging to the court to the accused.

1. whether the evidence of the prosecution absolutely failed to prove the guilt of the accused  Can the judge impose a penalty of reclusion perpetua and a fine of P10,000?
or merely failed to prove it beyond reasonable doubt; and
2. if the act or omission from which the civil liability might arise did not exist. Yes, because in this case, the penalty is definite (it uses AND instead of OR).

 Is it necessary for the validity of the judgment that the decision be promulgated by  What is the importance of using the proper terminology in the imposition of
the same judge who heard the case? imprisonment penalties?

No. A judgment promulgated by a judge other than the one who heard the case is valid, provided The judge should use the proper legal terminology of the penalties since each penalty has its
that the judge who rendered the judgment relied on the records taken during the trial as a basis distinct accessory penalties and effects.
for his decision.
 What is the remedy of the offended party if the judgment fails to award civil liability?
 Why should the decision be in writing, setting fort the facts and the law on which it is
based? The offended party can appeal, go on certiorari, or file for mandamus.

1. To inform the parties of the reason for the decision so if any of them appeals, he can point  What constitutes civil liability arising from crime?
out to the appellate court the findings of facts or the rulings on point of law with which he
disagrees. Also, so that the appellate court will have something to pass judgment upon. Civil liability arising from crime includes actual damages, moral damages, exemplary damages,
2. To assure the parties that in reaching the judgment, the judge did so through the process and loss of earning capacity.
of legal reasoning.
 When may attorney’s fees be awarded?
 Is a verbal judgment valid?
Attorney’s fees may be awarded only when a separate civil action to recover civil liability has been
No. A verbal judgment is incomplete because it does not contain findings of fact, and it is not filed or when exemplary damages are awarded. The reason for this is that there is no attorney in
signed by the judge. It may, however, be corrected by putting it in writing and following the a criminal case, only a public prosecutor, who is compensated by the government.
prescribed form. When it is put in writing, it becomes a full blown judgment.
 What is the difference between “damage” and “damages”?
 Is an erroneous judgment valid?
Damage refers to the actionable loss resulting from another person’s act or omission.
Yes. Error in judgment will not invalidate a decision, so long as it conforms with the requirements
of the law. On the other hand, damages refer to the sum of money which can be awarded for the damage
done.
 Is a judgment which imposes a penalty that does not exist or one that is impossible
valid?  When are exemplary damages awarded?

The judgment is void. The error goes into the very essence of the penalty and does not merely 1. In criminal actions, when the crime was committed with one or more aggravating
arise from the misapplication thereof. circumstances.
2. In quasi-delicts, if the defendant acted with gross negligence.
 Does the judge need to designate the particular provision of law violated? 3. In contracts and quasi-contracts, if the defendant acted in a wanton, fraudulent, reckless,
oppressive, or malevolent manner.
If possible, he should. But if he fails to do so, the judgment is not void, as long as his conclusions
are based on some provision of law.  What are the mandatory awards in case of rape cases?

 Can the judge impose a penalty of reclusion perpetua or a fine of P10,000?

 37
In rape cases, a civil indemnity of P50,000 is mandatory. An award of moral damages is also  When is an offense charged necessarily included in the offense proved?
mandatory without need or pleading or proof.
An offense charged is necessarily included in the offense proved when the essential ingredients of
If it is qualified rape, the mandatory civil indemnity is P75,000. the offense charged constitute or form part of the elements constituting the offense proved.

 What should the offended party prove do if he wants to claim actual damages or loss Example: Offense charged is acts of lasciviousness. Offense proved is rape.  The essential
of earning capacity? ingredients of acts of lasciviousness form part of the elements of rape. Therefore, the offense
charged (acts of lasciviousness) is necessarily included in the offense proved (rape).
The offended party must show proof of the amount of the pecuniary loss, such as receipts.
However, if death results from the crime or the quasi-delict, the heirs need only to prove the fact  What is the rule in case the offense charged is different from the offense proved?
of death in order to claim actual or compensatory damages.
The accused can only be convicted of the lesser offense, which is included in the graver offense
 Is there need for proof of pecuniary loss in order that moral, nominal, temperate, either proved or charged. The reason for this is that the accused can only be convicted of the
liquidated, or exemplary damages may be adjudicated? offense which is both charged and proved.

No. Art. 2216 of the Civil Code provides that no proof is needed. The assessment of the damage Example: If the offense charged is rape and the offense proved is acts of lasciviousness, he can
depends on the discretion of the court. only be convicted of acts of lasciviousness. If the offense charged is less serious physical injuries
and the offense proved is serious physical injuries, he can only be convicted of less serious
 May damages be increased on appeal? physical injuries.

Yes. An appeal opens the whole case for review by the appellate court, and this includes the  X was charged with willful homicide. What was proved was homicide through
award of damages. reckless imprudence. Under which offense should X be convicted?

 What are nominal damages? X should be convicted of homicide through reckless imprudence. The offense done through
negligence is lesser than the one done willfully.
Nominal damages are awarded in recognition of a violation of a right of the plaintiff when no
actual damage was done to him.  X was charged with rape by force and intimidation. At the trial, it was proved that X
raped a mental retardate. Can X be convicted or rape of a mental retardate?
 What is the civil liability of one who is guilty of illegal possession of firearms?
There are conflicting decisions:
None.
People v. Abiera says that the accused charged with rape through one mode of commission may
 What is the effect of the failure of the accused to object to a complaint or information still be convicted of the crime if the evidence shows another mode of commission, provided that
that charges more than one offense before he is arraigned? the accused did not object to such evidence.

The court may convict him of as many offenses as are charged and proved and impose on him the People v. Padilla says that the accused cannot be convicted of rape of a mental retardate if it is
penalty for each offense. The court must set out separately the findings of fact and law in each not alleged in the information.
offense.
I think People v. Padilla is a better ruling because to convict the accused would violate his right to
 When does an offense charged necessarily include the offense proved? be informed of the nature and cause of the accusation against him.

An offense charged necessarily includes an offense proved when some of the essential elements or  X was charged with rape. What was proved at the trial was qualified seduction. Can
ingredients of the offense charged constitute the offense proved. X be convicted of qualified seduction?

Example: Offense charged is homicide. Offense proved is physical injuries.  Some of the No. Although qualified seduction is a lesser offense than rape, the elements of the two are
essential elements of homicide constitute physical injuries. Therefore, the offense charged different. Qualified seduction is not included in the crime of rape. Therefore, if the court convicts
(homicide) necessarily includes the offense proved (physical injuries). him of qualified seduction, it will violate his right to be informed of the nature and cause of the
accusation against him, since some elements of qualified seduction were not charged.
 38
1. upon motion of the accused, and
 How is the judgment promulgated? 2. before judgment has become final or appeal has been perfected.

The judgment is promulgated by reading it in its entirety in the presence of the accused by any  When does a judgment become final?
judge of the court in which it was rendered. When the judge is absent or outside the province or
city, the judgment may be promulgated by the clerk of court. Except where death penalty is imposed, judgment becomes final:

 Can there be promulgation of judgment in the absence of the accused? 1. after the lapse of time for perfecting an appeal;
2. when the sentence has been partially or totally satisfied;
Judgment must be promulgated in the presence of the accused. But if the conviction is for a light 3. when the accused has expressly waived in writing his right to appeal; or
offense, judgment may be promulgated in the presence of his counsel or representative. Also, if 4. when the accused has applied for probation.
the accused fails to attend the promulgation, even if he was notified thereof, or if he jumped bail
or escaped from prison, judgment may be validly promulgated in absentia.  X, a 16 year-old, was charged with theft. After hearing, the court found that he
committed the acts charged. What should the court do?
 What happens if only the dispositive portion of the judgment is read to the accused?
The court should determine the imposable penalty, including the civil liability. However, instead of
The first jeopardy will not validly terminate. The judgment must be promulgated in its entirety, pronouncing a judgment of conviction, the court should automatically suspend the sentence and
not just the dispositive portion. commit the minor to the DSWD or other institution until he reaches the age of majority. (And on
his 18th birthday, Happy Birthday, he will go straight to jail. This is so strange.)
 Where should judgment be promulgated if the accused is confined in a province
outside of the territorial jurisdiction of the court? The exceptions to suspension of sentence in case of youthful offenders are:

If the accused is confined or detained in another province or city, the judgment may be 1. if the offender has enjoyed a previous suspension of sentence;
promulgated by the executive judge of the RTC with jurisdiction over the place of confinement 2. if the offender is convicted of an offense punishable by death or life imprisonment;
upon request of the court that rendered the decision. The court promulgating the judgment can 3. if the offender is convicted by a military tribunal.
also accept notices of appeal and applications for bail, unless the court that rendered the decision
changed the nature of the offense from non-bailable to bailable, in which case, the application for This does not apply if, at the time of sentencing, the offender is already of age, even if he was a
bail can only be filed with the appellate court. minor at the time of the commission of the offense.

 What happens if the accused fails to appear on the date of promulgation of judgment  When should an adult offender apply for probation?
despite notice?
The offender should apply for probation after conviction within the period for perfecting an appeal.
The promulgation shall be made by recording the judgment in the criminal docket and serving the
accused a copy thereof at his last known address or through his counsel.  Can the defendant still file for probation if he has already perfected an appeal?

If the judgment is of conviction, the accused who fails to appear at the promulgation shall lose the An application for probation may not be filed if the defendant has already perfected an appeal
remedies available to him against the judgment, and the court shall order his arrest. from the judgment of conviction. Once the appeal is perfected, it may no longer be withdrawn to
apply for probation.
Within 15 days from promulgation, the accused can surrender and file a motion for leave of court
to avail of these remedies. He shall state the reason for his failure to attend the promulgation,  Can the defendant still appeal if he has filed for probation?
and if he is able to justify his absence, he shall be allowed to avail of these remedies within 15
days from notice. No. The filing of an application for probation is deemed a waiver of the right to appeal.

 When may a judgment of conviction be modified or set aside by the court that  Is the grant of probation a matter of right upon application by the defendant?
rendered it?
No. It is a mere privilege, and the grant is discretionary upon the court.
A judgment of conviction may be modified or set aside by the court that rendered it:
 Can there be probation if the penalty is merely a fine?
 39
Yes. Probation is revocable before the final discharge of the probationer by the court for
Yes. In those cases where the penalty is a fine, and the defendant cannot pay, he has to serve violation of any of its conditions. Once it is revoked, the court should order the arrest of the
subsidiary imprisonment. This is where probation or suspension of sentence becomes relevant. probationer so that he can serve the sentence originally imposed. The period of probation is not
deducted from the penalty imposed.
 Can the defendant appeal from an order denying the application for probation?
 Upon the lapse of the period of probation, is the case against the probationer
No. automatically terminated?

 What is the court mandated to do before placing an accused on probation? No. After the period of probation, the court still has to order the final discharge of the probationer
upon finding that he has fulfilled the terms and conditions of his probation. Only upon the
The court should order a post sentence investigation to determine whether the ends of justice and issuance of this order is the case terminated.
the best interest of the public will be served by the grant of probation.
 What is the effect of the final discharge?
 When should the court deny the application for probation?
It shall operate to restore the probationer to all civil rights lost or suspended as a result of his
The application should be denied if the court finds that: conviction. His is also fully discharged of his liability for any fine imposed as to the offense for
which probation was granted.
1. the offender is in need of correctional treatment that can be provided most effectively by
his commitment to an institution; RULE 121 NEW TRIAL OR RECONSIDERATION
2. there is an undue risk that during the period or probation, the offender will commit
another crime; or  What is the purpose of a new trial?
3. probation will depreciate the seriousness of the offense committed.
It is to temper the severity of a judgment or prevent the failure of justice.
 When does the probation order take effect?
 Distinguish between new trial and reconsideration.
A probation order shall take effect upon its issuance, at which time the court shall inform the
offender of the consequences thereof and explain that upon his failure to comply with any of the In a new trial, the case is opened again, after judgment, for the reception of new evidence and
conditions, he shall serve the penalty imposed for the offense. further proceedings. It is only proper after rendition or promulgation of judgment.

 What is the effect of probation on the civil liability of the accused? In a reconsideration, the case is not reopened for further proceeding. The court is merely asked
to reconsider its findings of law in order to make them conformable to the law applicable to the
Probation does not release civil liability. However, in its discretion, the court may provide for the case.
manner of payment by the accused of the civil liability during the period of probation.
 What are the grounds for a new trial?
 What is the duration of the period of probation?
1. That errors of law or irregularities prejudicial to the substantial rights of the accused have
1. If the defendant was sentenced to imprisonment of not more than one year, probation been committed during the trial (errors of law or irregularities);
shall not exceed 2 years. 2. That new and material evidence has been discovered which the accused could not with
2. If the term of imprisonment is more than one year, probation shall not exceed 6 years. reasonable diligence have discovered and produced at the trial and which if introduced and
3. If the penalty is only a fine and the offender is made to serve subsidiary imprisonment in admitted would probably change the judgment (newly discovered evidence).
case of insolvency, the period of probation shall not be less than nor be more than twice
the total number of days of subsidiary imprisonment. 3. If the case is being heard by the CA or SC, it may determine other grounds in the exercise
of its discretion.
 Ex: Subsidiary imprisonment is 10 days. The period of probation should not be less
than 10 days but not more than 20 days.  What are the grounds for reconsideration?

 Can the grant of probation be revoked? Errors of law or fact in the judgment.
 40
 Are the mistakes of counsel in conducting the case valid grounds for a motion for a No. Evidence which merely seeks to impeach the evidence upon which the conviction was
new trial? based will not constitute grounds for new trial. It has to be material evidence.

No. The mistakes of counsel generally bind the client, unless he misrepresented himself as a  When is evidence considered to be material?
lawyer when he was in fact a plumber (or some other occupation). A new trial may also be
granted where the incompetency of the counsel is so great that the defendant is prejudiced and It is material if there is reasonable likelihood that the testimony or evidence could have produced
prevented from fairly presenting his defense and where the error of counsel is serious. a different result (the accused would have been acquitted).

 What are the requisites for granting a new trial on the ground of newly discovered  What is the form required for a motion for new trial or motion for reconsideration?
evidence?
The motion for new trial or reconsideration should:
1. The evidence must have been discovered after trial;
2. Such evidence could not have been discovered and produced at the trial even with 1. be in writing;
the exercise of reasonable diligence; 2. state the grounds on which it is based;
3. The evidence is material, not merely cumulative, corroborative, or impeaching; 3. if based on newly discovered evidence (for new trial), be supported by affidavits of
4. The evidence must go to the merits, such that it would produce a different result if witnesses by whom such evidence is expected to be given or authenticated copies of
admitted. documents to be introduced in evidence.

 What is a recantation? Is it a ground for a new trial? Notice of the motion for new trial or reconsideration should be given to the prosecutor.

It is when a prior statement is withdrawn formally and publicly by a witness.  What is the effect of the grant of the motion for new trial?

It is not a ground for granting a new trial because it makes a mockery of the court and would 1. If it is based on errors of law or irregularities committed during the trial, all the
place the investigation of truth at the mercy of unscrupulous witnesses. Moreover, retractions are proceedings and evidence affected by the error or irregularity will be set aside. The court
easy to extort out of witnesses. In contrast, their previous statements are made under oath, in may, in the interest of justice, allow the introduction of additional evidence. This is called
the presence of the judge, and with the opportunity to cross-examine. Therefore, the original trial de novo.
testimony should be given more credence.
2. If it is based on newly discovered evidence, the evidence already adduced will stand. The
However, the exception to this rule is when aside from the testimony of the retracting witness, newly discovered evidence and whatever other evidence the court will allow to be
there is not other evidence to support the conviction of the accused. In this case, the retraction introduced shall be taken and considered together with the evidence already on record.
by the sole witness creates a doubt in the mind of the judge as to the guilt of the accused. A new
trial may be granted. 3. In all cases – whether the court grants new trial or reconsideration – the original judgment
shall be set aside or vacated and a new judgment rendered.
But if there is other evidence independent of the retracted testimony, there can be no new trial.
 Why is the accused not subjected to double jeopardy when a new trial or
 Distinguish between a recantation and an affidavit or desistance. reconsideration is granted?

In a recantation, a witness who previously gave a testimony subsequently declares that his First, because it is only granted upon motion of the accused. Also, the first jeopardy is never
statements were not true. terminated, since the original judgment is set aside and replaced with a new one.

In an affidavit of desistance, the complainant states that he did not really intend to institute the RULE 122 APPEAL
case and that he is no longer interested in testifying or prosecuting. It is a ground for dismissing
the case only if the prosecution can no longer prove the guilt of the accused beyond reasonable  Is appeal a part of due process:
doubt without the testimony of the offended party.
Appeal is not a part of due process except when provided by law. If the right to appeal is granted
 Can the accused move for a new trial if he has found evidence that would impeach the by law, it is statutory and must be exercised in accordance with the procedure laid down by law.
testimony given by a prosecution witness? It is compellable by mandamus.
 41
 Where should the appeal be filed?  A, B, C, D, and E were all charged with murder, punishable by death. A, B, and C
were charged as principals. D was charged as an accomplice. E was charged as an
1. If the case was decided by the MTCs, the appeal should be filed with the RTC. accessory. All of them were convicted. To whom should they appeal?
2. If the case was decided by the RTC, the appeal should be filed with the CA or the SC in
proper cases provided by law. A, B, and C’s case will be automatically reviewed by the SC without need for notice of appeal,
3. If the case was decided by the CA, the appeal should be filed with the SC. since the penalty imposable is death. D and E should also appeal to the SC because although the
penalty imposable is not death, the offense arose out of the same occurrence that gave rise to the
 Can the prosecution appeal a judgment of acquittal? offense punishable by death. The reason for this rule is so that only one court will review on
appeal the single case involving different defendants. This would prevent a variance or conflict in
No. A judgment of acquittal becomes final immediately after promulgation. It cannot even be the the decisions of the SC and the CA.
subject of certiorari. The reason for this rule is that an appeal would place the accused in double
jeopardy. However, the offended party may appeal the civil aspect of the case.  How is an appeal perfected?

 How is appeal taken? An appeal is perfected by filing a notice of appeal with the court in which the judgment or order
was rendered, and by serving a copy thereof upon the adverse party or his attorney within the
APPEAL TO FROM THE DECISION OF HOW? period for perfecting an appeal.
RTC MTC File a notice of appeal with
the MTC and serve a copy of  Within what period must appeal be perfected?
the notice to the adverse
party An appeal must be perfected within 15 days from promulgation of the judgment or from notice of
CA RTC in the exercise of its File a notice of appeal with the final order appealed from.
original jurisdiction the RTC and serve a copy of
the notice to the adverse  What is the effect of the perfection of an appeal?
party
CA RTC in the exercise of its File a petition for review with When an appeal has been perfected, the court a quo loses jurisdiction.
appellate jurisdiction the CA under Rule 42
SC RTC where the penalty File a notice of appeal with  What is the difference between the appeal of a judgment and the appeal of an order?
imposed is reclusion perpetua the RTC and serve a copy of
or life imprisonment, OR the notice to the adverse The appeal from a judgment must be perfected within 15 days from promulgation. The appeal
where a lesser penalty is party from an order should be perfected within 15 days from notice of the final order.
imposed for offenses
committed on the same  A and B were convicted of murder. Only A appealed from the conviction. Should the
occasion or which arose out of decision of the appellate court bind B?
the same occurrence that gave
rise to the offense punishable It depends. If the decision of the appellate court would be beneficial to B, it should affect him.
by death, reclusion perpetua But if the decision would not benefit him, it should not bind him.
or life imprisonment
SC RTC imposing the death Automatic review by the SC  What is the effect of the appeal by the offended party of the civil aspect of the
penalty judgment on the criminal aspect?
SC All other appeals, except the Petition for review on
two cases above certiorari under Rule 45 Nothing.
SC Sandiganbayan Petition for review on
certiorari under Rule 45  Can an appeal that has already been perfected by withdrawn by the appellant?

If the records have not yet been transmitted to the appellate court, the court that rendered the
judgment has the discretion to allow the appellant to withdraw the appeal. If the appeal is
withdrawn, the judgment shall become final.
 42
If the records have already been transmitted to the appellate court, only the appellate court may
decide whether to grant the motion to withdraw the appeal, and only before the judgment is  Distinguish between a search warrant and a warrant of arrest.
rendered in the case on appeal.
SEARCH WARRANT WARRANT OF ARREST
 Is counsel de oficio still required to represent his client on appeal? The applicant must show: The applicant must show:

Yes. The duty of counsel de oficio does not terminate upon judgment of the case. It continues 1. that the items sought are in fact 1. probable cause that an offense has
until appeal. seizable by virtue of being connected been committed; and
with criminal activity; and
RULE 123 PROCEDURE IN THE MUNICIPAL TRIAL COURTS 2. that the person to be arrested
2. that the items will be found in the committed it
Important stuff: place to be searched.

1. Preliminary conference: Before conducting the trial, the court shall call the parties to a The judge must conduct a personal, searching The judge need not conduct a personal
preliminary conference during which: examination of the applicant and his witnesses examination of the applicant and his
witnesses. He may rely on the affidavits of
a. a stipulation of facts may be entered into, the witnesses and the recommendation of the
b. the propriety of allowing the accused to plead guilty to a lesser offense may be prosecutor.
considered, and
c. other matters may be taken up to clarify the issues and to ensure a speedy  Why are the requirements for the issuance of a search warrant more stringent than
disposition of the case. the requirements for the issuance of a warrant of arrest?

2. Prohibited pleadings and motions: The violation of the right to privacy produces a humiliating effect which cannot be rectified
anymore. This is why there is no other justification for a search, except a warrant. On the other
a. motion to dismiss the complaint or to quash the complaint or information on the hand, in a warrant of arrest, the person to be arrested can always post bail to prevent the
ground of lack of jurisdiction over the subject matter, or failure to refer the case to deprivation of liberty.
the lupon.
b. Motion for a bill or particulars  Where should the application for search warrant be filed?
c. motion for new trial, or for reconsideration of a judgment, or for reopening of trial;
d. petition for relief from judgment; As a general rule, it should be filed with the court within whose territorial jurisdiction the crime
e. motion for extension of time to file pleading, affidavits, or any other paper; was committed.
f. memoranda;
g. petition for certiorari, mandamus, or prohibition against any interlocutory order But for compelling reasons, it can be filed with the court within whose judicial region the offense
issued by the court; was committed or where the warrant is to be served.
h. motion to declare the defendant in default;
i. dilatory motions for postponement; Example of this: The drug syndicate stores its drugs in Pasay. It has connections in
j. reply; Pasay and can easily get a tip when the police officers will file for a search warrant. To
k. third-party complaints; avoid the drug syndicate from getting a tip of the impending search, the police officer may
l. interventions. apply for a search warrant in Makati (within the RTC region), stating the compelling
reason.

RULE 126 SEARCH AND SEIZURE But, if the criminal action has already been filed, the application for a search warrant can only be
made in the court where the criminal action is pending.
 What is a search warrant?
 What may be the subject of a search warrant?
It is an order in writing issued in the name of the People of the Philippines, signed by a judge and
directed to a peace officer, commanding him to search for personal property described therein and Personal property, which is:
bring it before the court.
 43
1. subject of the offense,  Police officers applied for a warrant to search Door #1 of an apartment complex.
2. stolen or embezzled and other proceeds or fruits of the offense, or The court issued the warrant. When the went to the apartment complex, they realized
3. used or intended to be used as the means of committing an offense. that what they thought was Door #1 was actually Door #7. Can they search Door #7?

 What are the requisites for issuing a search warrant? No. What is controlling is what is stated in the warrant, not what the peace officers had in mind,
even if they were the ones who gave the description to the court. This is to prevent abuses in the
1. There must be probable cause service of search warrants.
2. Which must be determined personally by the judge
3. upon personal examination in writing and under oath of the complainant and his  Can the police officer seize anything that is not included in the warrant?
witnesses in the form of searching questions and answers on facts personally
known to them No. Anything not included in the warrant cannot be seized EXCEPT if it is mala prohibita, in which
4. the probable cause must be in connection with one specific offense case, the seizure can be justified under the plain view doctrine.
5. particularly describing the place to be searched and the items to be seized
6. the sworn statements together with the affidavits of the witnesses must be attached to Even if the object was related to the crime, but it is not mentioned in the warrant nor is it mala
the record. prohibita, it still cannot be seized.

 When is the affidavit or testimony of the witness said to be based on personal  Police officers went to a house to execute a search warrant. They found a pistol on
knowledge? the table, but the pistol was not included in the search warrant. Can they seize the
pistol?
The test is whether perjury could be charged against the witness.
No. It is not mala prohibita, and they have no proof that it is unlicensed.
 Is it necessary that the person named in the search warrant be the owner of the
things to be seized?  What should the police officer or court do to things seized illegally?

No. Ownership is of no consequence. What is relevant is that the property is connected to an Anything seized illegally must be returned to the owner unless it is mala prohibita. In this case, it
offense. should be kept in custodia legis.

 What are the requisites of the personal examination that the judge must conduct  When should the search warrant be executed?
before issuing the search warrant?
If possible, it should be executed during the daytime. But in certain cases, such as when the
The judge must: things to be seized are mobile or are in the person of the accused, it can be served during
nighttime.
1. examine the witnesses personally;
2. under oath;  For how long is the search warrant valid?
3. and reduced to writing in the form of searching questions and answers.
It is valid for 10 days, after which the peace officer should make a return to the judge who issued
 What is a “scatter shot warrant”? it. If the peace officer does not make a return, the judge should summon him and require him to
explain why no return was made. If the return was made, the judge should determine if the
It is a warrant of arrest that is issued for more than one offense. It is void, since the law requires peace officer issued a receipt to the occupant of the premises from which the things were taken.
that a warrant of arrest should only be issued in connection with one specific offense. The judge shall also order the delivery to the court of the things seized.

 A warrant was issued for the seizure of drugs connected with “violation of the  If the warrant was executed even before the expiration of the ten-day period, can the
Dangerous Drugs Law.” Is the warrant valid? peace officer use the warrant again before it expires?

The warrant is valid. Although there are many ways of violating the Dangerous Drugs Law, it is No. If the purpose for which it was issued has already been carried out, the warrant cannot be
not a scatter shot warrant since it is in connection with only one penal law. used anymore. The exception is if the search was not finished within one day, the warrant can
still be used the next day, provided that it is still within the 10-day period.
 44
SUMMARY

1. The Constitution does not prohibit all kinds of searches and seizures. It only prohibits
unreasonable searches and seizures.
2. A search and seizure is unreasonable if it is made without a warrant, or the warrant was
invalidly issued.
3. A search and seizure without a warrant is still reasonable if conducted under the following
circumstances:

a. Incident to a lawful arrest

 It must be made AFTER the arrest. The objective is to make sure that the life of
the peace officer will not be endangered.

 It must be contemporaneous with the arrest in both time and place.

b. Search of moving vehicles

c. Consent searches

 Only the person whose right may be violated can give the consent; it is a
personal right.

 The requisites are:

(1) The person has knowledge of his right against the search;
(2) He freely gives his consent in spite of such knowledge.

d. Objects in plain view

 Requisites:

(1) There must have been a prior valid intrusion, and the officer must have
had a right to be at the place searched at the time of the search;
(2) The evidence was inadvertently discovered;
(3) The evidence must be immediately apparent;
(4) There was no need for further search.

e. Customs searches
f. Stop and Frisk/ Exigent circumstances
g. Emergency