Rule 110 113 Lecture Notes

CRIMINAL PROCEDURE
Lecture by Atty. Francesca Lourdes M. Señga

A.Y. 2019-2020
RULE 110
one, the highest penalty shall be made the
PROSECUTION OF OFFENSES basis of the application of the rules contained in
the first, second and third paragraphs of this
Q: How do we institute a criminal case? - RULE article. (As amended by RA 4661, approved
110 Sec 1 June 19, 1966).
Article 91. Computation of prescription of

RULE 110 Sec 1 offenses. - The period of prescription shall
commence to run from the day on which the
For offenses where a preliminary investigation crime is discovered by the offended party,
is required pursuant to section 1 of Rule 112, the authorities, or their agents, and shall be
interrupted by the filing of the complaint or
by filing the complaint with the proper officer for
information, and shall commence to run again
the purpose of conducting the requisite when such proceedings terminate without the
preliminary investigation. accused being convicted or acquitted, or are
unjustifiably stopped for any reason not
For all other offenses, by filing the complaint or imputable to him.
information directly with the Municipal Trial The term of prescription shall not run when the
Courts and Municipal Circuit Trial Courts, or the offender is absent from the Philippine
Archipelago.
complaint with the office of the prosecutor. In
Manila and other chartered cities, the complaint
shall be filed with the office of the prosecutor Q: When is the prescriptive period interrupted?
unless otherwise provided in their charters. ● It is interrupted upon the institution of
the criminal action.
Q: Let us say that the crime prescribes in 10
Q: Does the MTC conduct preliminary
years, today the crime was committed. Let us
investigation?
say one year from today, the information was
● No, if your Rules of Court states that the
filed in the RTC. So the case was pending for 15
MTC conduct preliminary investigation.
years, has the crime prescribed? ANS: No. It
Buy a new ROC luma na yan.
has already been interrupted by the filing of the
(Sarcasm)
information.
Q: What are the grounds for prescription of
offenses? How does it prescribe?
Q: On the 16th year, the case was provisionally
● An offense prescribes after the lapse of
dismissed with the consent of the accused. Will
a period as provided in Art. 90 & 91
the prescriptive period continue to run or no
Article 90. Prescription of crime. - Crimes more?ANS: Yes. It is provided for in Article 91,
punishable by death, reclusion perpetua or when the case is dismissed without acquittal or
reclusion temporal shall prescribe in twenty conviction the prescription begins to run again.
years. (Ma‘am ranted about answering the question
Crimes punishable by other afflictive penalties
YES or NO, then the reason. Answer directly)
shall prescribe in fifteen years.
Those punishable by a correctional penalty
shall prescribe in ten years; with the exception Q: After one month the case was again refiled,
of those punishable by arresto mayor, which so as of the time of the filing of the second case,
shall prescribe in five years. how many of the prescriptive period has lapsed?
The crime of libel or other similar offenses shall  One year and 1 month.
prescribe in one year.
The crime of oral defamation and slander by
deed shall prescribe in six months. Q: If ten years again lapses for the pendency of
Light offenses prescribe in two months. the case, then it is again provisionally dismissed.
When the penalty fixed by law is a compound
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Has the crime prescribed? No. Then it will again

Section 1. Violations penalized by special acts
start to run. shall, unless otherwise provided in such acts,
prescribe in accordance with the following
Q: If it has been 5 months after the second rules:
dismissal (provisional), then the period of the (a) after a year (1) for offenses punished only
that had lapsed of the prescriptive period A: 1 by a fine or by imprisonment for not more
year and 6 Months. The mistake of the students than one month, or both; (< 1 month)
(b) after four years (4) for those punished by
is that they count the total number of years. That
imprisonment for more than one month, but
is wrong, you must count the in-betweens. less than two years; (> 1m; < 2 years)
(c) after eight years for those punished by
Q: What if the case has instead been archived? imprisonment for two years or more, but less
Will the prescriptive period begin to run? than six years; and (2 y or <2y; < 6 years)
● No. The prescriptive period will not (d) after twelve years for any other offense
punished by imprisonment for six years or more
begin to run because archive means
(6 years or more) , except the crime of treason,
that it remains pending in court. which shall prescribe after twenty years.
Therefore, Art. 91 applies. Because it Violations penalized by municipal ordinances
was dismissed with the accused being shall prescribe after two months.
acquitted or convicted or is unjustifiably
stopped for any reason not imputable to
Q: A complaint can be filed before the court or
him.
before a prosecutor‘s office, if there will be a
preliminary investigation, will the filing of the
Q: If the case is dismissed with the consent of
COMPLAINT for purposes of preliminary
the accused, on the ground of the right to
investigation toll the prescriptive period or will it
speedy trial. It‘s not an acquittal, so what is it?
only be tolled , as a general rule, from the time
Will the first jeopardy attached if it was
the INFORMATION was filed?
dismissed due to the right to speedy trial?
● From the time the COMPLAINT is filed.
Assuming there is already arraignment and the
The reason is because the complainant
court has acquired jurisdiction
who did not waste time in filing of the
● It will attach, because you cannot file it
complaint to the prosecutor will be
anymore. There is already a first
prejudiced if the prosecutor delays the
jeopardy. Note that this is without
resolving of the case.
prejudice to the rules of continuous trial
where if the essential witness is not
Q: Does the same rule applies to special laws?
present for two or three consecutive
● Yes, the same rule applies.
hearings, the case can be dismissed.
But in the continuous trial rule, the
PP v. Galano (RPC) - As alleged in the
dismissal based on the absence of the
information, the crime was committed in
essential witness is only provisional
Batangas. Evidence showed that it was not in
dismissal.
Batangas Court and it does not have jurisdiction.
The filing of the complaint in the municipal court,
Q: What are the period of prescription under Art.
even if it merely for purposes of PI should and
91 (Refer to provisions above)
interrupts the period of prescription even if the
Q: How about crimes that fall under special
court where the complaint or information is filed
laws? When the special laws do not provide for
cannot try the case on its merits (lack of
a prescriptive period? What does Act No. 3326
territorial jurisdiction). The prescription period
Sec 1 provide?
was tolled. What determines jurisdiction is the
allegations in the complaint, which is to be
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distinguished from it is the law that confers this case are public documents, the
jurisdiction. Then the Batangas Court had consequence of them being public documents is
jurisdiction, but when it was discovered that it that they can be accessed (notice to the whole
was committed in Manila, the case was world). Since the violated law is a special law,
transferred. prescription shall begin to run from the day of
the commission of the offense (the time SEC
Sanrio v. Lim (SPECIAL LAW) - This involves issued to UNICOM the public documents).
a violation of the Intellectual Property Code
concerning counterfeit Sanrio products. The Q: What is a complaint? Information? How is a
complaint was filed one year, 10 months, and complaint or information described in SEC 2?
four days after the NBI searched and seized
their premises. The main question is whether or
Section 2. The Complaint or
not that there is prescription already? information. — The complaint or information
● No, the SC hold that filing of the shall be in writing, in the name of the People of
complaint to initiate preliminary the Philippines and against all persons who
investigation interrupts the running of appear to be responsible for the offense
the prescriptive period. Apply the involved. (2a)
principle same with the crimes
Section 3. Complaint defined. — A
punished under RPC.
complaint is a sworn written statement charging
a person with an offense, subscribed by the
Q: How about BP 22? Which rule do we apply? - offended party, any peace officer, or other
Special Laws & RPC How come we do not apply public officer charged with the enforcement of
the principle with that of cases under summary the law violated. (3)
procedure with BP 22 (re: filing of the
Section 4. Information defined. — An
information is what stops the running of the
information is an accusation in writing charging
prescriptive period) Why apply rules on special a person with an offense, subscribed by the
laws? What is the reasoning of the supreme prosecutor and filed with the court. (4a)
court.
● Because BP 22 is malum prohibitum
A complaint information cannot be orally made.
(Not sure if correct)
The offended party in a criminal action is the
Q: What about violation of municipal ordinances,
State, the private complainant is reduced to a
such as in the cases Zaldivia v. Reyes (violation
WITNESS only.
of quarrying ordinance) & Jadewell Parking
Systems Corporation v. Lidua (violation of
Q: The crime is robbery Mr X filed a case for
ordinance re: parking). What is the ruling?
robbery by means of intimidation, he took
● In these cases, there was a violation of
1million from mr X without his knowledge or
ordinances. The filing of an information
consent. The accused was acquitted, can Mr X,
tolls the prescriptive period where the
the private offended party, appeal the acquittal?
crime charged involved is an ordinance.
● No,
Hence, the filing of a complaint will not
Q: Can the prosecutor appeal an acquittal?
toll the running of the prescriptive
● No, because it will violate the right of the
period. Hence, the petitioners argument
accused against double jeopardy.
will not lie.
Because the acquittal is executory and
final, you cannot appeal an acquittal.
Republic v. Cojuancgo - The crime has
Q: Can you file a motion for reconsideration
already prescribed, the crime committed is
against a decision that acquits the accused?
violation of RA 3019. The documents involved in
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● No, it will place the accused twice in 2. Since it is a certiorari, the judgement is
jeopardy. issued with grave abuse of discretion. A
Q: Do you have a remedy, the only evidence judgement like this is considered as
presented is only a paper with a drawing of the void, therefore the first jeopardy will not
accused, the only evidence presented by the attach.
defense. But so far as the prosecuting officer is
concerned, there is overwhelming evidence to The remedy of the private offended party in a
establish his guilt beyond reasonable doubt. The crime is the civil aspect (Art. 100 of the RPC)
accused is acquitted. Do you have a remedy? Accused is convicted, the penalty is reclusion
● Original Certiorari under Rule 65, if temporal, but the court failed to consider the
there is grave abuse of discretion aggravating circumstance which should have
resulting or amounting to lack or excess made it reclusion perpetua. Can the private
of jurisdiction. Courts have concurrent complainant appeal the criminal aspect? Who is
jurisdiction over this remedy. the proper party to appeal
● NO. Because the offended party here is

the state. The effect of the appeal is
Certiorari under Certiorari under
Rule 45 Rule 65 only insofar as the civil aspect. The
proper party to appeal is the
Petition for Review Original Action PROSECUTOR (for RTC/MTC) and the
(Appeal) to the SOLICITOR GENERAL (for CA & SC)
Supreme Court
What if there is an acquittal, who would file the
REQUIREMENTS: certiorari to assail the acquittal?
1. There must be ● The prosecutor or the SOLGEN, if you
grave abuse of want to assail the award of damages;
discretion
amounting to the private complainant will appeal for
lack or excess the damages only.
of jurisdiction ● There are two remedies to assail the
2. There is no
decision/ for the acquittal:
more appeal or
any other plain, ○ Certiorari for the Acquittal in the
speedy, or criminal case
adequate ○ Appeal for the Civil Aspect.
remedy.
JIMINEZ v. SORONGON - Petitioner appealed

Q: Can you appeal an acquittal? No more to the CA, it was dismissed for lack of locus
speedy, plain, or adequate remedy. So you can standi since only the OSG has a right to
assail the acquittal through Certiorari under Rule represent the people. The court held that if
65. You can no appeal is instituted merely by the private
complainant, it is not valid.
If the case is pending with the RTC, you would
file a petition for certiorari in CA. If the case is
pending in MTC, you file it in RTC. That would
not violate the right of the accused against
double jeopardy because of the following
reasons:
1. Certiorari not an appeal, it is an original
action.
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Q: Does the same rule apply with respect to

Section 5. Who must prosecute criminal
concubinage?
actions. — Section 5. All criminal actions
● It must be against the husband and the
either commenced by complaint or by
concubine.
information shall be prosecuted under the
direction and control of a public prosecutor. In
With respect to seduction, abduction, and acts of
case of heavy work schedule of the public
lasciviousness, what is the rule? Is it both
prosecutor or in the event of lack of public
consent or pardon?
prosecutors, the private prosecutor may be
● There is no consent in these crimes.
authorized in writing by the Chief of the
The crimes are committed without
Prosecution Office or the Regional State
consent.
Prosecutor to prosecute the case subject
● Only pardon is allowed.
to the approval of the court. Once so
● The order provided in Rule 110, Sec. 5
authorized to prosecute the criminal action,
must be followed.
the private prosecutor shall continue to
● What if the victim is a minor? A
prosecute the case up to end of the trial even
retardate? Who can file on behalf of
in the absence of a public prosecutor, unless
them?
the authority is revoked or otherwise
● What if the parents? grandparents?
withdrawn. x x x .")
guardian? are dead? – The state will
initiate the action on the basis of parens
Q: You are married to Ms Recalde, she says patriae.
happy daysary we‘re married for 1 day na. I ● The offended party in the crime of acts
want birthday sex, pero not with you but with of lasciviousness is sane and of legal
your best friend, Mr. Castaneda. Only one time age. Refuses to file the complaint and
was allowed by the husband. So you want to the just wants to move on but the parents
house of your bff, but your wife admitted that does not agree. Can the parents file it
she had sexual intercourse with him 20 times. on behalf of the offended party?
Can you bring an action against only her for ○ (Sagot nila sa recit, the parents
adultery - No, both of them should be included can only institute it when the
as offenders, you can file 20 times only because offended party is a minor)
you consented to one of the sexual intercourses.
It is not a continuing crime, for each sexual act, PP v. Yparraguire – Victim is a mental retardate
each act is 20 different consummated acts. but of legal age. Can the mother file on behalf of
Consent is not the same with pardon, consent that victim, notwithstanding the fact that the
refers to future acts of adultery, while pardon victim is already of legal age? YES.
refers to past event. Can it be during the act? ● Can the minor be the one to institute the
Yes. However after the 21 times you had sexual complaint? YES. Unless the minor is
intercourse with Recalde, Hiadan had sex with also incompetent, in which case the
Ms. Recalda for him to apologize the acts. Can parents can institute the complaint.
Hiadan (the husband) file a complaint for 21
counts of adultery? No, because there was Pilapil v. Ibay-Somera – Foreigner husband
pardon already. Hence, Ms. Recalda cannot be obtained a divorce in Germany. Filed a case
prosecuted anymore. According to the rule, against his ex wife for adultery. It necessarily
prosecution must be against the offending follows that such initiator must have the status,
spouse and the paramour. The same rule capacity, or legal representation to institute the
applies to the crime of concubinage. action at the time of filing. He is no longer the
offended spouse.
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■ What if there is
PP v. Mariano – Mother filed the complaint. It conspiracy?
was alleged that it should have been the father
who should have filed it. The Court held that Section 7. Name of the accused. — The
there is nothing in the context of Sec. 4 that the complaint or information must state the
mother cannot present the complaint if the father name and surname of the accused or any
is living. There is no preference provided by the appellation or nickname by which he has
rules. been or is known. If his name cannot be
ascertained, he must be described under
a fictitious name with a statement that
In cases of defamation imputing the offended
his true name is unknown.
party of the crimes provided in Sec. 5, can a
girlfriend of an offended party file the complaint If the true name of the accused is
for libel, slander, or malicious prosecution? thereafter disclosed by him or appears in
● No. It is provided that no criminal action some other manner to the court, such
for defamation which consists in the true name shall be inserted in the
imputation of the offenses mentioned complaint or information and record.
above shall be brought except at the
instance of and upon complaint filed by
the offended party.
● Can there be an information where the
accused‘s name is not known?
Section 6. Sufficiency of complaint or
○ Yes. It may be under a fictitious
information. — A complaint or information is
name.
sufficient if it states the name of the accused; the
● If the name is known afterwards and
designation of the offense given by the statute;
inserted later on in the information, is it
the acts or omissions complained of as
a formal or substantial amendment?
constituting the offense; the name of the offended
Formal.
party; the approximate date of the commission of
the offense; and the place where the offense was
committed. Section 11. Date of commission of
the offense. — It is not necessary to
state in the complaint or information
When an offense is committed by more than the precise date the offense was
one person, all of them shall be included in committed except when it is a
the complaint or information. material ingredient of the offense.
The offense may be alleged to have
been committed on a date as near as
● How can you say that a complaint or possible to the actual date of its
information is sufficient? What must be commission.
alleged?
● If there are 5 accused in the crime, ● Do you need to specify the exact time
should there be separate informations and date the crime was committed?
for each accused? ○ No, only when it is a material
○ All of them shall be included in ingredient of the offense.
one information.
■ Do you have to check
what is the nature of
their participation in the
offense?
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Section 12. Name of the offended party. person or that it is organized in

— The complaint or information must accordance with law.
state the name and surname of the
person against whom or against whose
property the offense was committed, or Section 10. Place of commission of the
any appellation or nickname by which offense. — The complaint or information is
such person has been or is known. If sufficient if it can be understood from its
there is no better way of identifying him, allegations that the offense was committed
he must be described under a fictitious or some of the essential ingredients
name. occurred at some place within the
jurisdiction of the court, unless the
(a) In offenses against property, if particular place where it was committed
the name of the offended party is constitutes an essential element of the
unknown, the property must be offense or is necessary for its
described with such particularity identification.
as to properly identify the offense
charged.
(b) If the true name of the person
● For purposes of sufficiency of
against whom or against whose
properly the offense was information, what do the rules provide?
committed is thereafter disclosed ○ It is sufficient that the offense
or ascertained, the court must was committed or some of the
cause the true name to be essential ingredients occurred at
inserted in the complaint or some place within the
information and the record. jurisdiction of the court.
If the offended party is a juridical person,
■ UNLESS, the
it is sufficient to state its name, or any
particular place where
name or designation by which it is known
it was committed
or by which it may be identified, without
constitutes an
need of averring that it is a juridical
essential element of
person or that it is organized in
the offense or is
accordance with law.
necessary for its
● What about the name of the private
identification.
complainant? What if it is unknown?
Can there be still a valid information?
○ If there is no better way of
identifying him, he must be
described under a fictitious
name.
● What if it is a crime against property and
the name of the offended party is
unknown?
○ The property must be described
with such particularity as to
properly identify the offense
charged.
● What if the offended party is a juridical
person?
○ It is sufficient to state its name,
or any name or designation by
which it is known or by which it
may be identified, without need
of averring that it is a juridical
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● Do you need to allege aggravating

Section 8. Designation of the offense. — The
complaint or information shall state the circumstances? Does it matter if it is
designation of the offense given by the statute, qualifying or only generic?
aver the acts or omissions constituting the ○ No because all aggravating
offense, and specify its qualifying and circumstances must be alleged.
aggravating circumstances. If there is no ● What about mitigating circumstances?
designation of the offense, reference shall be Do you need to allege it?
made to the section or subsection of the
○ No. The defense proves the
statute punishing it.
mitigating circumstances as it is
Section 9. Cause of the accusation. — The for the benefit of the accused.
acts or omissions complained of as
constituting the offense and the qualifying and PP v. Valdez – Party in a canteen; ―gusto mo
aggravating circumstances must be stated in unahin na kita‖; ISSUE: was there a sufficient
ordinary and concise language and not
allegation of treachery? NONE, even if they
necessarily in the language used in the statute
but in terms sufficient to enable a person of alleged the term ―treachery‖ in the information. It
common understanding to know what offense is not enough to use that term. It must also
is being charged as well as its qualifying and include the acts which constitute treachery.
aggravating circumstances and for the court to ● The use of the term treachery alone is a
pronounce judgment. mere conclusion of law. You must allege
the acts constituting the offense. That is
● Is it allowed where an information did why it is always mentioned that the
not mention which provision of the RPC killing was done with a bolo, etc. – to
was violated? Is that a valid show the acts constituting the offense.
information? YES.
● It did not use the exact terms or Estrada v. SB – there was conspiracy. ISSUE:
technical terms used under the RPC? Is what is required for conspiracy to be sufficiently
that a valid information? YES. alleged in the complaint/information.
● What is the test then, to determine the ● It must be distinguished whether
sufficiency of the cause of the conspiracy is a separate crime or merely
accusation? a mode of incurring criminal liability.
○ It does not have to be in a ● Separate crime – acts or omissions
technical terms. It must be must be alleged.
stated in ordinary and concise ● Mode – it need not be alleged. Mere use
language that is understood by of words conspiracy and the like is
a person of common sufficient.
understanding.
■ Why? The constitutional What is a bill of particulars? This presupposes
right of being informed that the complaint is valid and sufficient. We only
of the nature of the use it to clarify some matters.
crime is sought to be
protected. If the complaint/information is insufficient, do we
■ All you need are the use bill of particulars as a remedy? NO. The
facts which constitute remedy is motion to quash.
the elements of the
offense. Do we need to allege evidentiary matters in the
information? No.
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PP v. Torrecampo – ISSUE: whether generic or

If it appears at any time before judgment that a
qualifying circumstances must be alleged. YES. mistake has been made in charging the proper
● If the generic or qualifying circumstance offense, the court shall dismiss the original
was not alleged but it was proven, can it complaint or information upon the filing of a new
be appreciated for purposes of one charging the proper offense in accordance with
conviction? NO. It violates the rights of section 19, Rule 119, provided the accused shall
the accused to be informed of the nature not be placed in double jeopardy. The court may
require the witnesses to give bail for their
of the accusation.
appearance at the trial.
PP v. Jugueta – crime charged is Double Murder

and Multiple Attempted Murder. Is this a valid
information? NO. Can it be waived? YES. It was
waived in this case. He objected to it only on Fronda - Baggao v. People – there are four
appeal. informations for illegal recruitment to be
amended into one information of illegal
EXAMPLE: recruitment on a large scale. Is this a formal or
On Jan 1, 2019, the accused Jasmine Wong, substantial amendment? FORMAL
then and there, with intent to gain, took the AMENDMENT. It was held that the defense
property of another without the owner‘s available to her is not altered.
knowledge or consent. CONTRARY TO LAW. ● What is then the test whether or not the
amendment is formal or substantial?
● Is this a sufficient information? NO. ○ Defense/evidence available to
These are mere conclusions of law. It the accused before or after
only alleged the elements of the crime amendment.
without alleging the facts or the acts that ○ Whether it changes the nature
constitute the elements of the crime. of the offense.
Section 14. Amendment or substitution. — A Difference between amendment and substitution

complaint or information may be amended, in
form or in substance, without leave of court, at 2 kinds of amendment: formal and substantial
any time before the accused enters his plea. After ● Before arraignment, can there be a
the plea and during the trial, a formal amendment formal amendment? YES.
may only be made with leave of court and when it ● Before arraignment, can there be a
can be done without causing prejudice to the
rights of the accused. substantial amendment? YES
● Before arraignment, do you need leave
However, any amendment before plea, which of court as a general rule, for formal or
downgrades the nature of the offense charged in substantial amendment? NO.
or excludes any accused from the complaint or
information, can be made only upon motion by Instances where leave of court is required even
the prosecutor, with notice to the offended party
if amendment is before plea:
and with leave of court. The court shall state its
reasons in resolving the motion and copies of its ● The amendment downgrades the nature
order shall be furnished all parties, especially the of the offense charged
offended party. (n) ● The amendment excludes any accused
from the complaint/information
It should be done upon the motion of the
prosecutor, with notice to the offended party.
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The discharge of the accused with a substantial

amendment is it the same as the discharge of
Section 17. Discharge of accused to be state
the accused under Rule 119?
witness. — When two or more persons are
● 119 – considered as substitution.
jointly charged with the commission of any
○ There are requirements under
offense, upon motion of the prosecution
119.
before resting its case, the court may direct
■ The accused is not the
one or more of the accused to be discharged
most guilty. Its right that
with their consent so that they may be
they are charged but
witnesses for the state when, after requiring
they need to be a State
the prosecution to present evidence and the
witness.
sworn statement of each proposed state
○ The prosecution recommends
witness at a hearing in support of the
but it is subject to the approval
discharge, the court is satisfied that:
of the court and requirements.
○ Is this the same as submitting
(a) There is absolute necessity for the
an accused under the Witness
testimony of the accused whose
Protection Program with the
discharge is requested;
DOJ? Does it need court
(b) The is no other direct evidence
approval? NO.
available for the proper
■ The accused will never
prosecution of the offense
be included in the
committed, except the testimony
information. Court
of said accused;
approval is not needed
(c) The testimony of said accused can
because they are
be substantially corroborated in
already excluded.
its material points;
■ It is the discretion of
(d) Said accused does not appear to
DOJ not to include
be the most guilty; and
them.
(e) Said accused has not at any time
been convicted of any offense
involving moral turpitude.
● 110 – substantial amendment.

○ Needs a court approval because
they are already included in the
information.
Change of the caption of the information from

Rape or Homicide to Murder with the same facts
and circumstances in the information. FORMAL
because what is controlling is the allegations
which constitute the offense.
Is adding a generic aggravating circumstance is

to be included into an information a formal or
substantial amendment? FORMAL it did not
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change the nature of the crime. It only relates to ● Does it follow when an accused is
the range of penalty to be imposed. Adding acquitted, there will be no civil liability
nighttime won‘t change the theory of the crime if anymore?
your defense is self defense. ○ NO. It depends whether the
accused is acquitted for
Amendment of an information, is it required that reasonable doubt or whether the
there must be a new preliminary investigation to accused is innocent.
be conducted? NO. It only applies when there is ○ Quantum of evidence different
a substantial amendment. in criminal and civil cases.
Matalam v. SB – the new crime is not related. ○ Civil liability based on quasi-
Illegal dismissal from refusal to pay. This delict, quasi-contract, law,
warranted a new preliminary investigation. contracts, etc.
○ When the court declares that
there is no crime but only civil
liability.
Section 13. Duplicity of the offense. —
A complaint or information must charge ○ If the court acquits but does not
but one offense, except when the law say that the act from which the
prescribes a single punishment for civil liability arises did not exist.
various offenses.
If the accused dies during the pendency of the
case, will it extinguish the civil liability arising
● What if the complaint charges Double from the different sources? NO. Will it extinguish
Murder, can this defect be waived? the civil liability ex delicto? YES.
YES.
● How do you object to it? By motion to After arraignment, the accused dies. What is the
quash the information. effect? The criminal liability is extinguished. The
civil liability ex delicto is also extinguished.
When should you file the motion to quash? ● What would then be the basis of
Before arraignment. If you did not file it before recovery of the civil liability?
arraignment, what is the effect? ○ What are independent civil
actions? (Art. 32; 33; 34; 2176)
 It constitutes as waiver, and for as many ■ They are not
crimes as there are alleged in the extinguished by the
information. death of the accused.
■ By filing civil cases that
survive the death of the
RULE 111 accused.
PROSECUTION OF CIVIL ACTION
When do you make the reservation? For what
● For every criminal case, there is a civil type of civil liability? Is it for independent civil
case that is deemed instituted (Art. actions? NO. It is for the civil liability ex delicto.
100). The offended party does not need
to do anything if he/she wants to Robbery of Mr. X‘s 1M, PI was taking time, Can
institute the civil case with the criminal Mr. X file the civil case to recover civil liability ex
case. delicto ahead of the criminal case? YES.
● Civil aspect that arises from a crime. ● What happens if the criminal case is
then filed?
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CRIMINAL PROCEDURE
A.Y. 2019-2020
○ The civil case will be the criminal case in which the

suspended. civil case is deemed instituted.
In case of consolidation, the evidence
 Why is there a need that the criminal already adduced in the civil action shall
case be first decided? be deemed automatically reproduced in
o Because the civil liability is the criminal action without prejudice to
dependent on whether or not the right of the prosecution to cross-
the crime was committed. Such examine the witnesses presented by the
that if no crime was committed, offended party in the criminal case and
or the act from which the civil of the parties to present additional
liability arises never existed, evidence. The consolidated criminal and
there is no civil liability. civil actions shall be tried and decided
o The determination of the civil jointly.
aspect is based on the crime.
o Inconsistent rulings are being ● The criminal case is filed, you did not file
avoided here. the civil case in advance, but you said
that you do not want to pursue the civil
 What if you do not want to suspend the case yet, what can you do?
civil case? ○ This is the time you make a
o Consolidate it with the criminal reservation, that it would be
case. tried at a later time.
o A matter of discretion on the ○ If you do not make a
court. reservation, the effect is that the
civil case is deemed instituted.
 What are the things that the court ● If Mr. X does not file ahead, and the
should consider whether or not it will criminal case is filed, does Mr. X have to
consolidate? file anything with regard to the civil
o Republic v. CA. Both the civil action?
and criminal case should arise ○ NO. The civil action is deemed
from the same incidents and instituted in the criminal case
involve the same facts. In this
case, one was a criminal charge Independent Civil Actions
of estafa while the other is a
collection for a sum of money ● Not dependent on the existence of the
(Also SB has no JD over crime
collection cases- JD is an ● Source:
essential requirement to ○ Laws
consolidate). Consolidation ○ Contracts
cannot be had, the collection ○ Quasi-contracts
should be filed as a separate ○ Quasi-delicts
case with the regular courts for ● You do not need to file a reservation for
such collection. independent civil actions.
o Look at the evidence presented ● If a criminal case is subsequently filed, it
in the civil case. will not suspend the independent civil
o You can either suspend the action.
case that arises from the crime, ● Art. 33 – physical injuries.
you can consolidate, or wait for
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CRIMINAL PROCEDURE
A.Y. 2019-2020
○ Does this include death? YES. petitioner for such will unduly
Physical injuries here is restrain the Government in
construed in its generic term, doing its functions. The
which means any bodily harm. It machineries of the Government
does not have the technical will not be able to function well if
meaning under the RPC. the collection of taxes will be
delayed so much so if its
collection will depend on the
Q: There is a criminal case of Estafa, and there outcome of any criminal
is a civil aspect arising from the crime deemed proceedings on the guise that
instituted in the criminal case, however, you filed the issue of collection of taxes is
an independent civil action for Fraud under a prejudicial issue that need to
Article 33 of the NCC. There is now 3 pending be first resolved before
cases. Is that allowed? Can you claim for both enforcing its collection.
civil cases?
● No. You can only recover from one civil ● Phillipine Rabbit Bus Lines, Inc. v.
action. People
○ The employer was complaining
Q: What about in BP 22 cases, can you file an that he is not secondarily liable
independent civil action? because he was not impleaded
● No, it is deemed instituted in the criminal in the case. Under Article 103 of
action. Even in a civil case arising from the RPC, employers are
the criminal act, it is deemed instituted subsidiarily liable for the
in the BP 22 criminal case. adjudicated civil liabilities of
● Rule 111 of ROC Sec. 1 Par. (b) - The their employees in the event of
criminal action for violation of Batas the latter‘s insolvency.The
Pambansa Blg. 22 shall be deemed to liability of an employer cannot
include the corresponding civil action. be separated from that of the
No reservation to file such civil action employee even if he is not
separately shall be allowed. impleaded in the case.
Q: What about in cases cognizable in Q: You were charged with Rape, but you said
Sandiganbayan? Can you file a separate civil you were the one who was raped. Can you file a
action arising from the crime in Sandiganbayan? separate counter-claim for Sexual Assault,
● Proton Pilipinas Corp. v. Republic arising from the same crime of Rape?
○ There is a case for the violation ● Maccay v. Spouses Nobela
of RA 3019 because of the non- ○ You cannot file a counterclaim
payment of the government in a case filed against you. The
taxes. Subsequently, there was trial court cannot rule on the civil
an independent civil case for the liability of complainant in a
collection of unpaid taxes. The criminal case where the civil
Government should not and action was not reserved or filed
must not await the result of the separately. According to Rule
criminal proceeding in the 111 of ROC, No counterclaim,
Sandiganbayan before it can cross-claim or third party
collect the outstanding customs complaint may be filed by the
duties and taxes of the accused in the criminal case,
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CRIMINAL PROCEDURE
A.Y. 2019-2020
but any cause of action which plaintiff for any loss suffered by
could have been the subject him. (Art. 2221, NCC)
thereof may be litigated in a ○ Temperate or moderate -
separate civil action. Temperate or moderate
○ If he has a counterclaim, he can damages, which are more than
file it separately from the nominal but less than
criminal action. compensatory damages, may
be recovered when the court
Q: There is payment of filing fee on the basis of finds that some pecuniary loss
what? has been suffered but its
● Rule 111 of ROC Sec. 1 Par. (b) - amount can not, from the nature
Where the complaint or information also of the case, be proved with
seeks to recover liquidated, moral, certainty. (Art. 2224, NCC)
nominal, temperate or exemplary ○ Liquidated - Liquidated
damages, the offended party shall pay damages are those agreed
the filing fees based on the amounts upon by the parties to a
alleged therein. contract, to be paid in case of
○ Actual or compensatory breach thereof. (Art. 2226,
damages - Except as provided NCC)
by law or by stipulation, one is ○ Exemplary - Exemplary or
entitled to an adequate corrective damages are
compensation only for such imposed, by way of example or
pecuniary loss suffered by him correction for the public good, in
as he has duly proved. Such addition to the moral, temperate,
compensation is referred to as liquidated or compensatory
actual or compensatory damages. (Art. 2229, NCC)
damages. (Art. 2199, NCC)
○ Moral damages - Moral Q: Is civil indemnity the same as damages?
damages include physical ● No. Civil indemnity is awarded when
suffering, mental anguish, fright, there is a commission of a crime. E.g.
serious anxiety, besmirched when someone died, you compute how
reputation, wounded feelings, much the civil indemnity.
moral shock, social humiliation, ● Civil indemnity is by the fact that the
and similar injury. Though crime was committed.
incapable of pecuniary
computation, moral damages Q: What if in the damages, there is no amount
may be recovered if they are the specified, how we can compute the docket and
proximate result of the filing fees?
defendant‘s wrongful act or ● There will be a lien on the judgment of
omission (Art. 2217, NCC) the court that awards the damages.The
○ Nominal - Nominal damages are court will specify the amount of the
adjudicated in order that a right damages which will determine the
of the plaintiff, which has been amount of the filing fees. A portion in the
violated or invaded by the amount of damages is a lien.
defendant, may be vindicated or
recognized, and not for the Q: In BP 22, is there filing fees on actual
purpose of indemnifying the damages?
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CRIMINAL PROCEDURE
A.Y. 2019-2020
● Yes. There is no filing fees on actual delivery of a title before the

damages except in BP 22. HLRUB, an administrative
agency. Accordingly, if the title
Prejudicial Question is not delivered, it will constitute
a criminal offense.
What is the effect of a prejudicial question on a Subsequently, a criminal case of
criminal case? failure to deliver a title was filed.
● The criminal case will be suspended if ○ The nature of the case of failure
there is a prejudicial question. If the civil to deliver a title is civil even if it
case is filed before the criminal case. was filed before the HLURB
● Prejudicial question arises from the civil because the law only requires
case. that any disputes must be filed
in the HLURB.
Q: A and B are married. A met and fell in love ○ There was a prejudicial
with C. A filed a petition to nullify her marriage to question. Because the civil case
B. Pending the petition, A married C. B filed a will determine if there is an
case for Bigamy against A. A claimed that there obligation to deliver which would
is a petition filed for the nullity of her marriage to determine if there is a criminal
B, therefore it is a prejudicial question. Is A case of failure to deliver the title.
correct? ○ No prejudicial question in an
administrative case because the
● No. The subsequent marriage of A to C Supreme Court held that the
is bigamous because there hasn‘t been nature of the case is CIVIL.
a decree that nullifies her marriage to B.
The crime was already consummated
pending the petition, so there is no need RULE 112
to determine whether or not there is a PRELIMINARY INVESTIGATION
prejudicial question.
● Under the Old Civil Code, if the Q: What is a Preliminary Investigation?
marriage is void, there is no need for a
decree of nullity to contract a
Section 1. Preliminary investigation defined;
subsequent one. when required. — Preliminary investigation is
● Even if the 1st marriage is contracted an inquiry or proceeding to determine
under the Old Civil Code and the 2nd whether there is sufficient ground to
marriage is contracted under the Family engender a well-founded belief that a crime
Code, Article 40 of the Family Code will has been committed and the respondent is
apply retroactively because it is a rule of probably guilty thereof, and should be held
for trial.
procedure. Procedural rules can apply
retroactively because it will not impair
any rights. Q: For purposes of preliminary investigation,
what is probable cause?
Q: Can there be a previous administrative case ● It has been defined as ―such facts and
that is a prejudicial question? Or is it only a civil circumstances which would lead a
case. reasonably discreet and prudent man to
● San Miguel Properties, Inc. v. Perez believe that an offense has been
○ There was a case filed for committed by the person sought to be
Specific Performance for the arrested.‖ (Allado v. Diokno, G.R. No.
113680, May 5, 1994)
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CRIMINAL PROCEDURE
A.Y. 2019-2020
Section 2. Officers authorized to conduct

Q: When is preliminary investigation conducted? preliminary investigations. —
● General Rule: Preliminary Investigation The following may conduct preliminary
is required to be conducted before the investigations:
filing of a Complaint or Information for a. Provincial or City Prosecutors and
an offense where the penalty prescribed their assistants;
by law is at least 4 years, 2 months, and b. National and Regional State
1 day without regard to the fine. Prosecutors; and
Exception: There is no right of c. Other officers as may be authorized
preliminary investigation under Rule 112, by law.
Section 6 when a person is lawfully arrested Their authority to conduct preliminary
investigations shall include all crimes
without a warrant except in cases provided
cognizable by the proper court in their
under the same section. respective territorial jurisdictions. (2a)
Instances when a preliminary
investigation may be asked by the accused:
1. If a person is arrested, he can ask for a Q: Who are these ―others‖ authorized to conduct
preliminary investigation before the preliminary investigation?
filing of the Complaint/Information but ● Those ―other officers authorized by law‖
he must sign a waiver in accordance are the following:
1. PCGG - in cases of ill-gotten wealth,
with Art. 125 of the RPC.
2. After the filing of the graft and corruption cases of Marcos
Information/complain, the accused family, relatives, friends and cronies,
may, within 5 days from the time he and other cases as ma be assigned by
learns of its filing ask for preliminary the President.
2. Ombudsman - in crimes/offenses
investigation.
committed by officers or employees,
Q: When do you file a complaint before the whether or not the same is committed in
prosecutor and the offense is less than 4 years, relation to his office.
2 month, and 1 day? Notes:
● When the offense happened in Manila ● If the preliminary investigation
and other chartered cities, the shall be conducted for a crime
Complaint shall be filed with the office of cognizable in Sandiganbayan,
the Ombudsman has primary
the Prosecutor unless otherwise
jurisdiction.
provided in their charters.
● If the preliminary investigation is
Q: Who conducts preliminary investigation? conducted for a crime
cognizable in any court other
 Rule 112, Sec. 2
than the Sandiganbayan, the
Ombudsman only has
concurrent jurisdiction.
● If the preliminary investigation is
finished and the case is filed in
court, the Ombudsman now has
exclusive jurisdiction to
prosecute the case.
3. COMELEC - in violation of the Omnibus
Election Code.
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CRIMINAL PROCEDURE
A.Y. 2019-2020
Q: The jurisdiction of the COMELEC to conduct Q: What function is involved in the conduct
preliminary investigation on election offenses, is preliminary investigation? (What is the nature of
this an exclusive original jurisdiction? Why? PI?)
● No. The COMELEC and other ● It is an executive function.
prosecuting arms of the government,
such as the DOJ, now exercise Q: Do you need to prove guilt beyond
concurrent jurisdiction in the reasonable doubt in preliminary investigation?
investigation and prosecution of election ● No. Preliminary investigation is not
offenses. conducted to know whether the person
is guilty or not, it is to determine whether
Q: You are super angry at the person who run there is sufficient ground to engender a
for mayor in your municipality, and you filed a well-founded belief that a crime has
case for vote buying against that mayor with the been committed and the respondent is
COMELEC, PI, you filed a complaint, then you probably guilty thereof, and should be
filed exactly the same complaint in the DOJ held for trial.
before the prosecutor‘s office, can both of them
at the same time rule on your case? Q: Is the conduct of preliminary investigation a
● No. Since the complaint was first filed in constitutional right?
the COMELEC, the prosecutor must ● No. It is a personal statutory right and
desist from ruling on the case. may be waived expressly or by
implication. It is not merely procedural
Q: The Truth Commission, does it conduct but a substantive right included in the
preliminary investigation? due process of law.
● No. The Philippine Truth Commission is
a mere ad hoc body formed under the Q: Can you compel the prosecutor to dismiss a
Office of the President with the primary complaint affidavit filed for preliminary
task to investigate reports of graft and investigation?
corruption committed by third-level ● No. it is a ministerial duty.
public officers and employees, their co-
principals, accomplices and accessories Q: Can you compel the prosecutor to issue a
during the previous administration resolution finding probable cause?
(Arroyo Administration). It is violative of ● No. It is discretionary.
the equal protection clause.
Q: What is the remedy if the prosecutor refuse to
Q: What about the PCGG, isn‘t it also violative of act on your complaint?
the equal protection clause, because it inquire ● The court can compel the prosecutor by
on the graft and corruption in the Marcos Mandamus to conduct preliminary
regime. So isn‘t the same as the Truth investigation.
Commission, where it inquires on the Arroyo
regime? PEOPLE vs. VILLANUEVA - In this case,
● No. It may also conduct preliminary appellant failed to invoke such right to
investigation involving cases of ill-gotten preliminary investigation before or at the time he
wealth when directed so by the entered his plea at arraignment. He can no
President. It is not only limited to those longer invoke that right at that stage of the
acts that were committed during the proceedings.
Marcos administration.
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CRIMINAL PROCEDURE
A.Y. 2019-2020
But absence of a preliminary investigation subpoena was sent to the indicated address, of
DOES NOT: course, your enemy did not receive the
1. Impair the validity of the information or subpoena because you put an erroneous
otherwise render the same defective; address, thus he was not able to participate, is
2. Neither does it affect the jurisdiction of his right to due process violated?
the court over the case
3. Nor does it constitute a ground for
Section 3. (d). If the respondent cannot
quashing the information. be subpoenaed, or if subpoenaed, does
not submit counter-affidavits within the
If no preliminary investigation has been held, or ten (10) day period, the investigating
if it is flawed, the trial court may, on motion of officer shall resolve the complaint based
the accused, order an investigation or on the evidence presented by the
reinvestigation and hold the proceedings on the complainant.
criminal case in abeyance. ● No. Because pursuant to Rule 112, Sec.
3, (d), even if the subpoena cannot be
Q: Does the conduct of preliminary investigation served, the preliminary investigation will
by the Ombudsman pertain only to offenses still continue.
committed by public officers in relation to the
performance of their functions? Q: There is a complaint, your face is on it, there
● No. *Reason already mentioned in the was a drawing of you na may sungay, ―Si
authority of the Ombudsman* Rochelle, demonyo!‖, can the prosecutor already
dismiss that complaint?
Q: So even if it is not in relation to their ● Yes. Because there is no probable
functions, it can be the subject of their cause.
preliminary investigation?
● Yes, as long as public officers are Q: After the counter-affidavit is filed, what will
involved. the prosecutor do?
Section 3.
BUSUEGO v. OFFICE OF THE OMBUDSMAN (e). The investigating officer may set a hearing if
- In this case, Busuego was the Chief of Hospital there are such facts and issues to be clarified from a
in Davao Region Hospital and a case of party or a witness. The parties can be present at the
concubinage, VAWC and grave threats was filed hearing but without the right to examine or cross-
by his wife against him. The Ombudsman‘s examine. They may, however, submit to the
jurisdiction to conduct preliminary investigation investigating officer questions which may be asked to
the party or witness concerned. The hearing shall be
of crimes involving public officers, without regard
held within ten (10) days from submission of the
to its commission in relation to office. counter-affidavits and other documents or from the
expiration of the period for their submission. It shall
Q: What do you swear to when you file a be terminated within five (5) days.
complaint affidavit? (f). Within ten (10) days after the investigation, the
● That all the allegations and statements investigating officer shall determine whether or not
there is sufficient ground to hold the respondent for
in the complaint are true and correct.
trial. (3a)
Q: You wanted to file a case against your sworn

enemy and you wanted to make sure you will Q: When the prosecutor makes a determination
win the case, the address of your sworn enemy of whether or not there is probable cause, is that
is in no. 10, Mendiola St. then you purposely put going to be the resolution of the case?
in the address, no. -10, Mendiola St. The
18
CRIMINAL PROCEDURE
A.Y. 2019-2020
Q: The rules provide that the no info or

Section 4. Resolution of investigating
prosecutor and its review. — complaint will be filed unless it is with the
If the investigating prosecutor finds cause authority of?
to hold the respondent for trial, he shall  Sec. 4 (par. 3) - No complaint or
prepare the resolution and information. He information may be filed or dismissed by
shall certify under oath in the an investigating prosecutor without the
information that he, or as shown by the
prior written authority or approval of the
record, an authorized officer, has
personally examined the complainant provincial or city prosecutor or chief
and his witnesses; that there is state prosecutor or the Ombudsman or
reasonable ground to believe that a his deputy.
crime has been committed and that the *This is required in relation to Rule 117 – motion
accused is probably guilty thereof; that to quash
the accused was informed of the
complaint and of the evidence
Q: If the investigating prosecutor is the only one
submitted against him; and that he was
given an opportunity to submit who signs the resolution and signs the
controverting evidence. Otherwise, he information. Is that a valid information?
shall recommend the dismissal of the  No.
complaint. Q: Because?
 Must be approved by the city or
provincial (Rule 112 Sec. 4 par. 3).
Q: So what happens if the investigating Cannot be the investigating prosecutor
prosecutor makes a recommendation, what will alone otherwise susceptible to a
the investigating prosecutor do next? quashal (Rule 117)
 Sec. 4 (par. 2), Rule 112
Within five (5) days from his resolution, he shall
forward the record of the case to Q: There was a complaint filed against you for
the provincial or city prosecutor or chief state rebellion. In the complaint, there was a drawing
prosecutor, or to the Ombudsman or his of your face with #rebel, then as a footnote there
deputy in cases of offenses cognizable by the is a picture of Rebel Wilson. So you weren‘t
Sandiganbayan in the exercise of its worrying because there‘s no evidence here. You
original jurisdiction. They shall act on the were just so surprised that the prosecutor issued
resolution within ten (10) days from their a resolution finding probable cause against you.
receipt thereof and shall immediately inform the What‘s your remedy against the prosecutor‘s
parties of such action. resolution finding probable cause?
 Motion to Review with the DOJ.
Q: Then what will the city, provincial, chief state
prosecutor do? Q: That‘s your only remedy?
 They can approve -  No, I can file a petition for
Q: Can they reverse? reconsideration with the prosecutor.
 Yes.
Q: Can they qualify? Q: Do you agree that the remedies are a motion
 Yes. for review with DOJ and a petition for
Q: And then, after being affirmed and probable reconsideration with the prosecutor?
cause was found by the abovementioned  No.
prosecutors, what will happen?
 An information or complaint will be filed. Q: Why, what are the remedies available to you?
 I may appeal to the DOJ.
19
CRIMINAL PROCEDURE
A.Y. 2019-2020
The petition shall be accompanied by legible

Q: By what mode? Motion for review? duplicate original or certified true copy of the
 No. resolution appealed from together with legible
true copies of the complaint, affidavits/sworn
Q: What do you file? statements and other evidence submitted by the
 Petition for review (Pet Rev) parties during the preliminary
investigation/reinvestigation.
Q: Before filing a petition for review, what else
can you file? If an information has been filed in court pursuant
 Motion for reconsideration (MR). to the appealed resolution, a
Q: Is an MR a prerequisite before you can file a copy of the motion to defer proceedings �led in
petition for review? court must also accompany the
 No. petition
Q: How many days do you have to file an MR Q: Do you need to attach the records in the
assailing the prosecutors resolution? prosecutor level?
 Within in 10 days.  You need to attach. Failure to attach
could be a ground to dismiss your
Q: how many days do you have to file a pet rev? petition.
 Within 15 days.
Q: Is it indispensable for you to file a MR first
2000 NPS RULES ON APPEAL – DOJ Circular before Pet Rev?
No. 70  No.
Q: If the pet rev is denied what is your remedy?
Q: Pet rev should be verified?  ANS: Petition for Certiorari (Pet Cert)
 Yes. Rule 65
Q: What should be alleged in the pet rev? RULE 65

 ANS: Sec. 5, DOJ Circular No. 70 Q: What are the requirements before filing
certiorari?
SECTION 5. Contents of Petition. — The petition ANS: Sec. 1 Rule 65.
shall contain or state: (a) the names and
addresses of the parties; (b) the Investigation
SECTION 1. Petition for certiorari. — When any
Slip number (I.S. No.) and criminal case number,
tribunal, board or officer exercising judicial or
if any, and title of the case, including the offense
quasi-judicial functions has acted without or in
charged in the complaint; (c) the venue of the
excess its or his jurisdiction, or with grave abuse
preliminary investigation; (d) the specific material
of discretion amounting to lack or excess of
dates showing that it was filed in time; (e) a clear
jurisdiction, and there is no appeal, or any plain,
and concise statement of the facts, the
speedy, and adequate remedy in the ordinary
assignment of errors, and the reasons or
course of law, a person aggrieved thereby may
arguments relied upon for the allowance of the
file a verified petition in the proper court, alleging
appeal; and (f) proof of service of a copy of the
the facts with certainty and praying that judgment
petition to the adverse party and the Prosecution
be rendered annulling or modifying the
Office concerned.
proceedings of such tribunal, board or officer,
and granting such incidental reliefs as law and
justice may require.
20
CRIMINAL PROCEDURE
A.Y. 2019-2020
The petition shall be accompanied by a certified  5 days.

true copy of the judgment, order or resolution Q: From the denial of MR, is there a mode of
subject thereof, copies of all pleadings and appeal under the rules of ombudsman?
documents relevant and pertinent thereto, and a  None.
nd
sworn certification of non-forum shopping as Q: Does it provide for a 2 MR?
provided in the third paragraph of section 3,  None.
Rule 46. (1a)
Q: If there is no appeal or other plain, speedy,
Q: From the issuance of the resolution of the adequate remedy and assuming there is grave
DOJ secretary, you have no more appeal. Is abuse – what is your remedy to assail the
there another plain, speedy, adequate remedy? ombudsman‘s resolution denying your MR?
Pet cert immediately to the CA? Where do you file?
 No. You can file a pet of review with the  Pet cert, Rule 65. In the SC
president*
*Wrong - President only for exceptional cases. Q: Is it possible that there is a pending case for
PI by pet rev with DOJ Sec. and while it was
*There is another remedy in the 2000 NPS rules pending, an information was filed in court? Is
on appeal. that possible?
 Its possible.
Sec. 13 - An MR is a plain speedy, adequate
remedy!! You cannot file certiorari just because Q: If the DOJ sec reverses the prosecutor, and
there is grave abuse – exhaust all other the info was already filed? Are the courts bound
remedies first. Your remedy is an MR first after to follow what the prosecutor or DOJ secretary
DOJ Secretary. says to dismiss the case?
 The court will continue to have
Section 13. - Motion for Reconsideration - The
jurisdiction.
aggrieved party may file a motion for
Q: What is the effect of filing of the prosecution
reconsideration within a non-extendible period of
that there is no probable cause after the info has
ten (10) days from receipt of the resolution on
been filed in court?
appeal, furnishing the adverse party and the
 Will not affect the court. The court has
Prosecution Of�ce concerned with copies
already acquired jurisdiction.
thereof and submitting proof of such service. No
second or further motion for reconsideration
Q: Who exercises discretion once the case is
shall be entertained.
filed in court?
 The court/judge
Q: File certiorari under what rule? With what
court?
Q: Once the info is filed in court, what will the
 Rule 65.
court do?
Q: Is Rule 65, an appeal or original action?
 Find probable cause - if there is, issue a
 Original action.
warrant of arrest.
Ombudsman
In the case of Soliven v. Makasiar– differentiate
Q: Can the ombudsman conduct investigation
probable cause of PI from probable cause of
for Criminal or admin cases?
warrant of arrest
 Yes.
 PI – executive function
Q: If Crim investigation – how many days to file
 Warrant of arrest – judicial
an MR from decision of ombudsman?
21
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RULE 113
SECTION 4. Execution of warrant -
ARREST
The head of the office to whom the warrant of
arrest has been delivered for execution shall
Q: How do you make an arrest?
cause the warrant to be executed within ten (10)
ANS: Sec. 2, Rule 113.
days from receipt thereof. Within ten (10) days
after the expiration of such period, the officer to
SECTION 2. Arrest; How Made. — An arrest is whom it was assigned for execution, shall make
made by an actual restraint of a person to be a report to the judge who issued the warrant and,
arrested, or by his submission to the custody of in case of his failure to execute the same, shall
the person making the arrest. state the reasons therefor.
No violence or unnecessary force shall be used
in making an arrest. The person arrested shall
not be subject to a greater restraint than is
Q: If you apply for a warrant of arrest in Q.C.
necessary for his detention.
Can it only be served in Q.C?
 No.
Q: The judge asked his pet dog WON he should Q: Are all warrantless arrest invalid?
issue a warrant of arrest. His dog, meowed. He  No. There can be valid warrantless
issued a warrant of arrest based on the meow. arrest. Provided it falls under Sec. 5
Is the warrant valid? Rule 113.
 No. The judge should personally
determine. Sec. 2, Art. 3 1987 Q: Is it correct to say that you are not allowed to
Constitution. exert force when serving a warrant of arrest?
Q: For there to be a personal determination,  No. Sec. 2 (par. 2), Rule 113.
must the judge interview the witnesses one by
one? Q: What kind of force can you execute while
 No. But the judge must not rely on the making an arrest?
evidence presented by the prosecution.  Force must be reasonable.
Q: If there is no probable cause what can the Q:The one you see in the news. The families are
judge do? there with the police making the arrest and there
 Dismiss or order the prosecutor to are making batok and binubugbog while the
provide more evidence. person is already handcuffed. Is that valid?
 No. It‘s not valid because Sec. 2, Rule
Q: What‘s the period of validity of a warrant of 113.
arrest?
 It has no expiration. Unless the warrant Q: A warrantless arrest may be done by who?
it is served or quashed.  Any person. Police or private person.
Sec. 5, Rule 113.
Q: What is the 10 day period for with regard to a
warrant of arrest? Q: When you make an arrest, what is the
ANS: Sec. 4, Rule 113. It is for the entrusted obligation of the arresting officer?
officer to report to the court why he has not  Sec. 3, Rule 113.
made an arrest yet.
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A.Y. 2019-2020
SECTION 3. Duty of arresting officer –

It shall be the duty of the officer
executing the warrant without SECTION 11. Right of officer to break into
unnecessary delay to arrest the accused building or enclosure. An officer in order to
and to deliver him to the nearest police make an arrest either by virtue of a
station or jail. warrant, or when authorized to make such
arrest for an offense without a warrant, as
Q: The person you are trying to accost, while provided in Section 5, may break into any
you were running after the person, should you building or enclosure in which the person
make that announcement. Is that required? Q: Youarrested
to be found theis orperson in the believed
is reasonably bathroom,
 It may be dispensed with if the person the conspirators locked you in the bathroom.
to be, if he is refused admittance thereto,
being arrested flees or does not give an Can you break out?
after he has announced his authority and
opportunity to the officer. ANS: Yes, Sec. 12, Rule 113.
purpose.
SECTION 12. Right to Break Out from Building
Q: While you are making an arrest, the person or Enclosure. — Whenever an
SECTION 12. Right to Break Out from
you are arresting has a lot of rubber bands and officer has entered the building or enclosure in
Building or Enclosure. — Whenever an
he was hitting you with it, it‘s hurting you. Can accordance with the preceding section,
officer has entered the building or enclosure in
you ask the neighborhood to help you? he may break out therefrom when necessary to
accordance with the preceding section,
 Yes. Sec. 10, Rule 113. liberate himself. (12a)
he may break out therefrom when necessary
Q: He is now shooting you with armalite. Can Q: What time should an arrest be made?
you require the neighborhood for help?  Sec. 6, Rule 113.
 No, Sec. 10 (last sentence), Rule 113.
SECTION 6. Time of Making Arrest.
SECTION. 10. Officer may summon — An arrest may be made on any day
assistance. An officer making a lawful and at any time of the day or night
arrest may orally summon as many
persons as he deems necessary to aid him
Q: While a person is detained after having been
in making the arrest. Every person so
arrested. Can the gf, friend of the gf, etc., visit?
summoned by an officer shall aid him in Who can visit the detainee?
the making of such arrest, when he can  Sec. 14, Rule 113.
render such aid without detriment to
himself. SECTION 14. Right of Attorney or Relative to
Visit Person Arrested. — Any
Q: You are arresting a person at McDonald‘s member of the Philippine Bar shall, at the
and then you were trying to arrest that person. It request of the person arrested or of another
turns out the person was in conspiracy with the acting in his behalf, have the right to visit and
staff of McDo. Can you break the door to make confer privately with such person in the
the arrest? jail or any other place of custody at any hour of
 Yes, Sec. 11, Rule 113. the day or night. Subject to reasonable
regulations, a relative of the person arrested
can also exercise the same right.
23
CRIMINAL PROCEDURE
A.Y. 2019-2020
Q: What are the grounds for a valid warrantless arraignment or else deemed waiver
arrest? (Rule 117).
 Sec. 5, Rule 113.
Q: You did not assail validity of your arrest until
there was judgment. On appeal, like in the case
SECTION 5. Arrest Without Warrant; When
of People v. De Guia, that is the only time you
Lawful. — A peace officer or a
assail the validity of your arrest. Will the invalid
private person may, without a warrant,
warrantless arrest exculpate you from the
arrest a person:
crime?
(a) When, in his presence, the person to be
 No. It should be questioned before
arrested has committed, is actually
committing, or is attempting to commit an arraignment. Accused already
offense; participated in the trial. Already deemed
(b) When an offense has just been waived.
committed and he has probable cause to
People v. De Guia - Appellant‘s alleged
believe based on personal knowledge of
facts or circumstances that the person to be warrantless arrest will not exculpate him from his
arrested has committed it; and guilt as found by the trial court. To be sure, the
(c) When the person to be arrested is a plea comes too late in the day. We note that
upon arraignment, appellant pleaded not guilty
prisoner who has escaped from a penal
establishment or place where he is serving to the Information and did not raise the alleged
final judgment or is temporarily con�ned illegality of his arrest. By so pleading, he waived
while his case is pending, or has escaped the alleged illegality of his arrest. In People v.
while being transferred from one Briones, we ruled that the illegality of appellant‘s
warrantless arrest cannot render all the other
confinement to another. IDIn cases falling
under paragraphs (a) and (b) above, the proceedings, including the appellant‘s
person arrested without a warrant shall be conviction, void. It cannot deprive the State of its
forthwith delivered to the nearest police right to convict the guilty when all the facts on
station or jail and shall be proceeded record point to his culpability.
against in accordance with section 7 of Rule
112. Q: In the case of People v. Racho. When should
a warrantless search take place?
 Only after a legal warrantless arrest.

Q: If you are legally arrested without a warrant –
can you assail the legality of your arrest? When People v. Racho - The RTC concluded that
should you assail it? appellant was caught in flagrante delicto,
 Yes. Before arraignment. declaring that he was caught in the act of
actually committing a crime or attempting to
Q: In the earlier example (with the dog). The commit a crime in the presence of the
invalid warrant was used against you. Is there apprehending officers as he arrived in Baler,
jurisdiction over your person if an invalid Aurora bringing with him a sachet of shabu.
warrantless is used against you? Consequently, the warrantless search was
 None yet. considered valid as it was deemed an incident to
the lawful arrest. Recent jurisprudence holds
Q: What is your remedy? What to file to assail? that in searches incident to a lawful arrest, the
 Motion to quash the warrant of arrest must precede the search; generally, the
arrest/information filed before process cannot be reversed. Nevertheless, a
24
CRIMINAL PROCEDURE
A.Y. 2019-2020
search substantially contemporaneous with an

arrest can precede the arrest if the police have In Re: Harvey v. Santiago - The deportation
probable cause to make the arrest at the outset charges instituted by respondent Commissioner
of the search. What prompted the police to are in accordance with Section 37(a) of the
apprehend appellant, even without a warrant, Philippine Immigration Act of 1940, in relation to
was the tip given by the informant that appellant Section 69 of the Revised Administrative Code.
would arrive in Baler, Aurora carrying shabu. The requirement of probable cause, which is to
This circumstance gives rise to another be determined by a Judge, does not extend to
question: whether that information, by itself, is deportation proceedings.
sufficient probable cause to effect a valid
warrantless arrest. The long standing rule in this Section 37(a) provides in part:
jurisdiction is that ―reliable information‖ alone is ―(a) The following aliens shall be arrested upon
not sufficient to justify a warrantless arrest. the warrant of the Commissioner of Immigration
Obviously, this is an instance of seizure of the and Deportation or any other officer designated
―fruit of the poisonous tree‖ hence, the by him for the purpose and deported upon the
confiscated item is inadmissible in evidence warrant of the Commissioner of Immigration and
consonant with Article III, Section 3(2) of the Deportation after a determination by the Board
1987 Constitution, ―any evidence obtained in of Commissioners of the existence of the ground
violation of this or the preceding section for deportation as charged against the alien;‖
shall be inadmissible for any purpose in any
proceeding‖ Q: In flagrante delicto – Homar v. People. 2
requisites:
Q: You were standing outside Mendiola,  (1) Overt act by the person to be
scratching your nose. And then afterwards you arrested that he is about to commit, is
looked at the police, you looked at each other at committing, or has committed a crime
the same time. Police thought you were (2) Committed within the presence or
suspicious. And he frisked you. He found shabu view of the arresting officer
in your possession. Can the sachet of shabu be
used against? Q: Police did not see, just heard that someone
 No. Unlawful arrest. Stop and frisk, was being stabbed to death. And he made a
police officer must have based warrantless arrest. Can he make an arrest even
knowledge, position, and experience, if he did not see?
that the person he is about to arrest is  Yes. Overt act rule.
acting suspicious. Looking at police is
not suspicious. Q: You are standing 20 meters and there‘s a
fence. You cannot really see what is happening.
Q: How come the warrantless search (stop and Can you make a valid warrantless arrest?
frisk) is not valid?  No. It is too far. No personal knowledge
 Because it must precede a valid or within the view of the arresting
warrantless arrest. In this case there person.
was none.
Q: Someone went to the police station and said
Q: Only the courts can issue a warrant of arrest? her child was raped by some person. Police
In re: Harvey v. Santigago? went to the house of the alleged person to arrest
 Commissioner of Bureau of Immigration him. Valid?
can issue a warrant of arrest against  No. Not within personal knowledge.
undesirable aliens.
25
CRIMINAL PROCEDURE
A.Y. 2019-2020
Q: Same situation but the person claims that the  Yes. There is probable cause to believe
crime of rape just happened to their daughter. that the person committed the crime. It
Can he arrest? is within your personal knowledge.
 Still no because not within personal
knowledge of arresting officer. Not in Q: In continuing crime, can you make an arrest
flagrante delicto. without warrant? In re: Umil v. Ramos case?
 Yes. With all these facts and
Q: Hearsay, is it valid for a warrantless arrest? circumstances existing before, during
 No. Knowledge and facts of the crime and after the arrest of the afore-named
committed must come from the personal persons (Dural, Buenaobra, Roque,
knowledge of the arresting officer Anonuevo, Casiple and Ocaya), no
himself. prudent man can say that it would have
been better for the military agents not to
Q: Someone went to police saying their house have acted at all and made any arrest.
was being robbed. Police went and saw the That would have been an unpardonable
robbers bringing out stuff and that the house neglect of official duty and a cause for
was ransacked. Can he make an arrest? disciplinary action against the peace
 Yes. Even if they did not see the crime officers involved. The grounds upon
happen because it is within the personal which the arresting officers based their
knowledge that the facts and arrests without warrant, are supported
circumstances of the crime are present by probable cause, i.e. that the persons
and give probable cause to arrest the arrested were probably guilty of the
alleged perpetrators. Second ground of commission of certain offenses, in
warrantless arrest (Sec. 5(b), Rule 113). compliance with Section 5, Rule 113 of
the Rules of Court.
Q: If in earlier example of rape, if arresting
officer went to the house of the accused and Q: When you make an arrest must you show the
saw the underwear of the victim, and other arrest warrant?
evidence pointing to the crime of rape. Valid  General Rule: Yes. Sec. 7, Rule 113.
arrest?
 Yes, personal knowledge of facts and Q: If you don‘t show the warrant, will it be
circumstances of probable cause. (Sec. equivalent to a warrantless arrest?
5(b), Rule 113).  No. Sec. 7, Rule 113.
Section 5(b) - When an offense has just been Q: So even if you don‘t have it in your
committed and he has probable cause to possession, you can just show it after the arrest
believe based on personal knowledge of when you bring him to the police station?
facts or circumstances that the person to be  Yes. Sec. 7, Rule 113.
arrested has committed it.
Q: What if you saw someone outside Mendiola

on the ground, who was stabbed. He said he
was stabbed by a person wearing white. You
saw a man with blood on his shirt and holding a
bolo nearby. Can you arrest that person?
26
CRIMINAL PROCEDURE
A.Y. 2019-2020
Soon after, the police officers found them with

SECTION 7. Method of Arrest by Officer by
the illegal drugs plainly exposed to the view of
Virtue of Warrant. — When making
the officers. When they requested appellants to
an arrest by virtue of a warrant, the officer
show proper documentation as to their identity
shall inform the person to be arrested of the
as well as their purpose for being there,
cause of the arrest and the fact that a
appellants refused to show them anything much
warrant has been issued for his arrest,
less respond to any of their questions. In fact,
except
when the officers were transporting appellants
when he flees or forcibly resists before the
and the illegal drugs to the shore, the appellant
officer has opportunity to so inform him, or
Chi Chan Liu even repeatedly offered the
when the giving of such information will
arresting officers ―big, big amount of money.‖
imperil the arrest. The o�cer need not have
Hence, the circumstances prior to and
the warrant in his possession at the time of
surrounding the arrest of appellants clearly show
the arrest but after the arrest, if the person
that they were arrested when they were actually
arrested so requires, the warrant shall be
committing a crime within the view of the
shown to him as soon as practicable.
arresting officers, who had reasonable ground to
believe that a crime was being committed.
Q: In Posadas v. Ombudsman, was there a valid

warrantless arrest? Q: if you are arrested without warrant, what is
 No. the obligation of the arresting officers?
 Sec. 8, Rule 113.
Posadas v. Ombudsman - The NBI agents in
the case at bar tried to arrest Narag and
Taparan four days after the commission of the SECTION 8. Method of Arrest by Officer
crime. They had no personal knowledge of any
Without Warrant . — When making an
fact, which might indicate that the two students
arrest without a warrant, the o�cer shall inform
were probably guilty of the crime. What they had
the person to be arrested of his authority and
were the supposed positive identification of two
the cause of the arrest, unless the latter is
alleged eyewitnesses, which is insufficient to either engaged in the commission of an
justify the arrest without a warrant by the NBI.
offense, is pursued immediately after its
commission, has escaped, flees, or forcibly
Q: In the case of People v. Chi Chan Lui, was
resists before the officer has opportunity to so
there a valid warrantless arrest?
inform him, or when the giving of such
 Yes. information will imperil the arrest.
People v. Chi Chan Lui - In this case,

appellants were actually committing a crime and Q: Where should they bring you?
were caught by the apprehending officers in  To the nearest police station.
flagrante delicto. As previously stated, the Q: For what purpose?
records reveal that on the date of their arrest,  To inform why you are arrested and to
the apprehending officers, while acting upon a detain you. It will be subject for inquest.
report from the Barangay Captain, spotted
appellants transferring cargo from one boat to INQUEST PROCEDURE – DOJ CIRCULAR
another. However, one of the boats hastily sped No. 61 (1993)
away when they drew closer to the appellants,
naturally arousing the suspicion of the officers.
27
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A.Y. 2019-2020
Q: There are diff periods wherein inquest Q: If person is released, does that prevent them
proceedings must terminate otherwise you have from filing an info or warrant against the same
to be let go. What are the hours? person later?
 12 hours for light penalties. 18 hrs for  No. Sec. 9 (par. 2), DOJ Circular No. 61
correctional penalties or their equivalent. 1993
36 hrs for afflictive or capital pentalties
or their equivalent. (Art. 125 RPC) SEC. 9. Where arrest not properly effected.—
Should the Inquest Officer find that the arrest
Q: If the period lapses, and you are not released was not made in accordance with the Rules,
yet or no finding of probable cause against you he shall:
or no decision to file a case against you. What‘s
your remedy? What will you file to be released? a. recommend the release of the person
 Habeas Corpus under Art. 125 of the arrested or detained;
RPC b. note down the disposition of the referral
Q: Can you file a crim case or admin case document;
against the erring public officials? c. prepare a brief memorandum indicating
 Yes. the reasons for the action taken; and
d. forward the same, together with the record
Q: What is the first thing during inquest that the of the case, to the City or Provincial
inquest officers should determine? Prosecutor for appropriate action.
 Sec. 8, DOj. Circular No. 61 1993
Where the recommendation for the release of
SEC. 8.Initial duty of the inquest officer .—The the detained person is approved by the City or
Inquest Officer must first deter-mine if the arrest Provincial Prosecutor but the evidence on hand
of the detained person was made in accordance warrant the conduct of a regular preliminary
with the provisions of paragraphs (a) and (b) of investigation, the order of release shall be
Section 5, Rule 113 of the 1985 Rules on served on the officer having custody of said
Criminal Procedure, as amended, which provide detainee and shall direct the said officer to serve
that arrests without a warrant may be effected: upon the detainee the subpoena or notice of
preliminary investigation, together with the
(a) When, in the presence of the arresting copies of the charge sheet or complaint,
officer, the person to be arrested has committed, affidavits or sworn statements of the
is actually committing, or is attempting to commit complainant and his witnesses and other
an offense; or supporting evidence.
(b) When an offense has in fact just been
committed, and the arresting officer has Q: Is inquest the same as PI? How are they
personal knowledge of facts indicating that the different?
person to be arrested has committed it. For this  PI - determination is probable cause that
purpose, the Inquest Officer may summarily a person committed a crime
examine the arresting officers on the Inquest – determination of validity of warrantless
circumstances surrounding the arrest or arrest
apprehension of the detained per-son.
Q: What do they do during inquest?
Q: If warrantless arrest is invalid?  Sec. 1 & Sec. 11, DOJ Circular No. 61
 Sec. 9, DOJ Circular No. 61 1993 1993
28
CRIMINAL PROCEDURE
A.Y. 2019-2020
SECTION 1.Concept .—Inquest is an informal Assistant Prosecutor to whom the case may be
and summary investigation con-ducted by a assigned by the City or Provincial Prosecutor,
public prosecutor in criminal cases involving which investigation shall be terminated within
persons arrested and detained without the fifteen(15) days from its inception.
benefit of a warrant of arrest issued by the court
for the purpose of deter-mining whether or not Q: How does he determine? What documents
said persons should remain under custody and does he need?
correspondingly be charged in court.  The records.
SECTION. 11. Inquest proper — Where the Q: Inquest officer makes a recommend, is that
detained person does not opt for a preliminary the decision already?
investigation or otherwise refuses to execute the  No.
required waiver, the Inquest Officer shall Q: Will the information already be filed?
proceed with the inquest by examining the  The same rules shall apply as stated in
sworn statements/affidavits of the complainant Rule 112.
and the witnesses and other supporting
evidence submitted to him. If necessary, the Q: No need for approval of chief state, city, or
Inquest Officer may require the presence of the provincial prosecutor or ombudsman?
complainant and witnesses and subject them to  Need. The inquest officer will forward
an informal and summary investigation or the recommendation to the prosecutors
examination for purposes of determining the then acted upon within 5 days. If the
existence of probable cause. prosecutors will authorize the
recommendation of the prosecutor, it
Q: Can you ask for PI instead of inquest? What shall be filed in the court. Sec. 13 DOJ
should be done? Circular No. 61 1993
 Ask for PI before filing of complaint or
information. Then sign waiver for the Q: What will be filed?
limitations of the period of inquest  The information of complaint.
proceedings, waive right to complain
that the period has lapsed SECTION. 13 Presence of probable cause —
If the Inquest Officer finds that probable cause
Q: If inquest finds that arrest is valid, what exists, he shall forthwith prepare the
happens? corresponding complaint/information with the
 Sec. 10 DOJ Circular No. 61 1993 recommendation that the same be filed in court.
The complaint/information shall indicate the
SECTION. 10. Where the arrest property offense committed and the amount of bail
effected — Should the Inquest Officer find that recommended, if bailable. Thereafter, the record
the arrest was properly effected, the detained of the case, together with the prepared com-
person should be asked if he desires to avail plaint/information, shall be forwarded to the City
himself of a preliminary investigation, if he does, or Provincial Prosecutor for appropriate action.
he shall be made to execute a waiver of the The complaint/information may be filed by the
provisions of Article 125 of the Revised Penal Inquest Officer himself or by any other Assistant
Code, as amended, with the assistance of a Prosecutor to whom the case may be assigned
lawyer and, in case of non-availability of a by the City or Provincial Prosecutor.
lawyer, a responsible person of his choice. The
preliminary investigation may be conducted by Q: What are the documents that the inquest
the Inquest Officer himself or by any other officers should gather and review?
29
CRIMINAL PROCEDURE
A.Y. 2019-2020
 Affidavit of arrest, the investigation WARRANTLESS ARREST

report, statement of complainant and
rd
witnesses, such other documents and Q: What is the 3 ground for a valid warrantless
evidence that the arresting officers may arrest?
have acquired pursuant to the arrest.  Sec. 5(c) Rule 113
Sec. 3, DOJ Circular No. 61 1993.
Section 5(c) - When the person to be arrested is
SECTION. 3.Commencement and a prisoner who has escaped from a penal
Termination of Inquest — The inquest establishment or place where he is serving final
proceedings shall be considered commenced judgment or is temporarily con�ned while his
upon receipt by the Inquest Officer from the law case is pending, or has escaped while being
enforcement authorities of the complaint/referral transferred from one confinement to another.
documents which should include:
Q: A person was arrested. He escaped with help
a. The affidavit of arrest; of friends. Do you need a warrant of arrest
b. The investigation report; toarrest the person again?
c. The statement of the complainant and  No. Sec. 13 Rule 113.
witnesses; and
d. Other supporting evidence gathered by the Q: Can he be arrested again by private
police in the course of the latter‘s investigation of individuals?
the criminal incident involving the arrested or  Yes. Sec. 13 states ‗any person‘
detained person. The inquest Officer shall, as far
as practicable, cause the affidavit of arrest and
statements/affidavits of the complainant and the
witnesses to be subscribed and sworn to before
him by the arresting officer and the affiants. The
inquest proceedings must be terminated within
the period prescribed under the provisions of
Article 125 of the Revised Penal Code, as
amended.
Q: In case of an inquest, and an info is later on

filed. Can you ask for a PI? Within what period?
 Yes. After 5 days from the time the
person learns of the filling. Not from the
date of filling but from knowledge of
filling.
Q: So what are the differences between PI and

Inquest
 PI – determine probable cause for trial
 Inquest – informal summary proceeding.
Conducted to determine whether there
is a valid warrantless arrest. Whether to
detain a person.
30

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CRIMINAL PROCEDURE

Lecture by Atty. Francesca Lourdes M. Señga

Article 91. Computation of prescription of

Has the crime prescribed? No. Then it will again

● NO. Because the offended party here is

JIMINEZ v. SORONGON - Petitioner appealed

Q: Does the same rule apply with respect to

Section 12. Name of the offended party. person or that it is organized in

● Do you need to allege aggravating

PP v. Torrecampo – ISSUE: whether generic or

PP v. Jugueta – crime charged is Double Murder

Section 14. Amendment or substitution. — A Difference between amendment and substitution

The discharge of the accused with a substantial

● 110 – substantial amendment.

Change of the caption of the information from

Is adding a generic aggravating circumstance is

○ The civil case will be the criminal case in which the

● Yes. There is no filing fees on actual delivery of a title before the

Section 2. Officers authorized to conduct

Q: You wanted to file a case against your sworn

Q: The rules provide that the no info or

The petition shall be accompanied by legible

Q: What should be alleged in the pet rev? RULE 65

The petition shall be accompanied by a certified  5 days.

SECTION 3. Duty of arresting officer –

 Only after a legal warrantless arrest.

search substantially contemporaneous with an

Q: What if you saw someone outside Mendiola

Soon after, the police officers found them with

Q: In Posadas v. Ombudsman, was there a valid

People v. Chi Chan Lui - In this case,

 Affidavit of arrest, the investigation WARRANTLESS ARREST

Q: In case of an inquest, and an info is later on

Q: So what are the differences between PI and

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