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PRELIMINARY CHAPTER
 Distinguish between criminal law and criminal
 What is criminal procedure? procedure.

Criminal procedure is the method prescribed by law for the Criminal law is substantive; it defines crimes, treats of their
apprehension and prosecution of persons accused of any nature, and provides for their punishment. Criminal
criminal offense and for their punishment, in case of procedure, on the other hand, is remedial or procedural; it
conviction. provides for the method by which a person accused of a crime
is arrested, tried and punished. Criminal law declares what
 What is criminal procedure concerned with? acts are punishable, while criminal procedure provides how
the act is to be punished.
Criminal procedure is concerned with the procedural steps
through which the criminal case passes, commencing with the  How are the rules of criminal procedure construed?
initial investigation of a crime and concluding with the
unconditional release of the offender. It is a generic term The rules of criminal procedure shall be liberally construed in
used to describe the network of laws and rules which govern favor of the accused and strictly against the state to even the
the procedural administration of criminal justice. odds in favor of the accused against whom the entire
machinery of the state is mobilized.
What are the sources of criminal procedure?

1. Spanish Law of Criminal Procedure  What is jurisdiction?

2. General Order No. 58, dated April 23 1900
3. Amendatory acts passed by the Philippine Jurisdiction (in general) is the power or authority given by the
Commission law to a court or tribunal to hear and determine certain
4. The various quasi acts, the Philippine Bill of 1902, controversies. It is the power of courts to hear and
the Jones Law of 1916, the Tydings-McDuffie Law, determine a controversy involving rights which are
and the Constitution of the Philippines demandable and enforceable.
5. The Rule of Court of 1940, and the 1964, 1985, and
1988 Rules on Criminal Procedure  Distinguish jurisdiction from venue.
6. Various Republic Acts (RA 240, Judiciary Act, RA
8249 creating the Sandiganbayan, Speedy Trial Act) Venue is defined as the particular country or geographical
7. Presidential Decrees area in which a court with jurisdiction may hear and
8. 1987 Constitution, particularly Art. III Bill of Rights determine a case. It means the place of trial. On the other
9. Civil Code (Art. 32, 33, 34) hand, jurisdiction is the power of the court to decide the case
10. Certain judicial decisions on the merits. Venue is thus procedural, while jurisdiction is
11. RA 8393 The Speedy Trial Act substantive. In civil cases, venue may be waived or
12. Circulars stipulated by the parties. On the other hand, jurisdiction is
13. The Revised Rules on Criminal Procedure (Dec 1, granted by law or the Constitution and cannot be waived or
2000) stipulated.

 What are the three systems of criminal procedure?  What is criminal jurisdiction?

1. Inquisitorial – the detection and prosecution of Criminal jurisdiction is the authority to hear and try a
offenders are not left to the initiative of private particular offense and impose the punishment for it.
parties but to the officials and agents of the law.
Resort is made to secret inquiry to discover the  What are the elements of jurisdiction in criminal
culprit, and violence and torture are often employed
cases?
to extract confessions. The judge is not limited to
the evidence brought before him but could proceed
1. The nature of the offense and/or the penalty
with his own inquiry which was not confrontative. attached thereto
2. Accusatorial – The accusation is exercised by every
2. The fact that the offense has been committed within
citizen or by a member of the group to which the the territorial jurisdiction of the court.
injured party belongs. As the action is a combat
between the parties, the supposed offender has the  What are the requisites for a valid exercise of
right to be confronted by his accuser. The battle in
criminal jurisdiction?
the form of a public trial is judged by a magistrate
who renders a verdict. The essence of the
1. Jurisdiction over the person
accusatorial system is the right to be presumed
2. Jurisdiction over the territory
innocent. To defeat this presumption, the
3. Jurisdiction over the subject matter
prosecution must establish proof of guilt beyond
reasonable doubt (moral certainty).
 What is jurisdiction over the subject matter?
3. Mixed – This is a combination of the inquisitorial and
accusatorial systems. The examination of
It is the power to hear and determine cases of the general
defendants and other persons before the filing of the
class to which the proceedings in question belong and is
complaint or information is inquisitorial.
conferred by the sovereign authority which organizes the
court and defines its powers.
The judicial set-up in the Philippines is accusatorial or
adversary in nature. It contemplates two contending
 Which law determines the jurisdiction of the court –
parties before the court, which hears them impartially
and renders judgment only after trial. 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?
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Jurisdiction is determined by the law as of the time when the concurrent jurisdiction of the Sandiganbayan.  All
action is filed, not when the offense was committed. The criminal cases where the penalty is higher than 6
exception to this rule is where jurisdiction is dependent on the years, including government-related cases wherein
nature of the position of the accused at the time of the the accused is not one of those falling under the
commission of the offense. In this case, jurisdiction is jurisdiction of the Sandiganbayan.
determined by the law in force at the time of the commission 2. Other laws which specifically lodge jurisdiction in the
of the offense. 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 c. Dangerous Drugs Cases except where the
jurisdiction is vested in the court, it is retained up to the offenders are under 16 and there are
end of the litigation. It remains with the court until the Juvenile and Domestic Relations Courts in
case is finally terminated. The exception to this is where the province
a subsequent statute changing the jurisdiction of a court is
given retroactive effect, it can divest a court of jurisdiction 3. Appellate jurisdiction over all cases decided by MTCs
over cases already pending before it before the effectivity of in their respective territorial jurisdiction.
the statute. 4. In areas where there are no family courts, the cases
falling under the jurisdiction of family courts shall be
 A was charged with an offense whose penalty was adjudicated by the RTC
below 6 years. The case was filed with the MTC. After
trial, the MTC convicted him of an offense with a higher  What is the meaning of the term “regular courts”?
penalty. A questioned the conviction, claiming that the
MTC had no jurisdiction over the offense since the Regular courts refer to civil courts as opposed to military
penalty prescribed for it was higher than 6 years. Is A courts or courts martial. Military courts have no jurisdiction
correct? over civilians.

A is wrong. Jurisdiction over the subject matter is determined  Which court has jurisdiction over a complex crime?
by the authority of the court to impose the penalty imposable
given the allegation in the information. It is not determined Jurisdiction over the whole complex crime is lodged with the
by the penalty that may be meted out to the offender after trial court having jurisdiction to impose the maximum and
trial but to the extent of the penalty which the law imposes more serious penalty on an offense forming part of the
for the crime charged in the complaint. complex crime.

 If during the proceedings, the court finds that it has  What is territorial jurisdiction?
no jurisdiction, how should it proceed?
The requirement of territorial jurisdiction means that a
Where the court has no jurisdiction, lower courts should criminal action should be filed in the place where the crime
simply dismiss the case. On the other hand, the Supreme was committed, except in those cases provided by Article 2 of
Court and the Court of Appeals may refer the case to the the Revised Penal Code.
court of proper jurisdiction.
 How is jurisdiction over the person of the accused
 What is the jurisdiction of Municipal Trial Courts in acquired?
criminal cases?
Jurisdiction over the person of the accused is acquired upon
1. Exclusive original jurisdiction over all violations of his arrest or upon his voluntary appearance or submission to
city or municipal ordinances committed within the court.
their respective territorial jurisdiction;
2. Exclusive original jurisdiction over all offenses  Can jurisdiction over the person of the accused be
punishable with imprisonment not exceeding 6
waived?
years regardless of the fine and other accessory
penalties and civil liability
Yes, unlike jurisdiction over the offense which is conferred by
3. Offenses involving damage to property through law or the Constitution, jurisdiction over the person of the
criminal negligence
accused may be waived. For example, any objection to the
4. Where the only penalty provided by law is a fine: procedure leading to the arrest must be opportunely raised
exclusive original jurisdiction over offenses
before the accused enters his plea, or it is deemed waived.
punishable with a fine not exceeding P4,000
5. Election offenses: Failure to register or failure to
 X was charged in court with an offense. X filed a
vote
motion to quash on the ground that the court had no
6. Special Jurisdiction to hear and decide petitions for a
jurisdiction over his person because the arrest was
writ of habeas corpus or application for bail in the
illegal and because the information was incomplete.
province or city where the RTC judge is absent
Can X invoke lack of jurisdiction of the court over his
7. BP 22 (?)
person?
 What is the jurisdiction of Regional Trial Courts in
No, X cannot invoke the lack of jurisdiction of the court. One
criminal cases?
who desires to object to the jurisdiction of the court over his
person must appear in court for that purpose only, and if he
1. Exclusive original jurisdiction in all criminal cases not raises other questions, he waives the objection.
within the exclusive jurisdiction of any court, tribunal
or body, except those falling under the exclusive and
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 Is the presence of the accused necessary in order for
the court to act on a motion? 4. Where there is no private offended party
5. Where the dispute involves real properties located in
It is not necessary for the court to first acquire jurisdiction different cities or municipalities
over the person of the accused to dismiss a case or grant 6. Disputes involving parties who reside in different
other relief. The outright dismissal of the case even before barangays, cities, or municipalities
the court acquires jurisdiction over the person of the accused 7. Other cases which the President may determine in
is allowed, except in applications for bail, in which case, the the interest of justice or upon the recommendation
presence of the accused is mandatory. of the Secretary of Justice.

RULE 110 PROSECUTION OF OFFENSES  What is the form required for the complaint or
information?
 How are criminal actions instituted?
The complaint or information shall be in writing, in the name
Criminal actions shall be instituted as follows: of the People of the Philippines and against all persons who
appear to be responsible for the offense involved.
(a) For offenses where a preliminary investigation is required,
by filing the complaint with the proper officer for the purpose  Why should a complaint or information be in the
of conducting the requisite preliminary investigation. name of the People of the Philippines?
(b) For all other offenses, by filing the complaint or
information directly with the MTC or the complaint with the Criminal actions must be commenced in the name of the
office of the prosecutor. People because just as a crime is an outrage against the
peace and security of the people at large, so must its
 What is the effect of the institution of the criminal vindication be in the name of the People. However, it the
action on the period of prescription of the offense? action is instituted in the name of the offended party or of a
particular city, the defect is merely of form and may be cured
The institution of the criminal action shall interrupt the at any state of the trial.
running of the period of prescription of the offense unless
otherwise provided in special laws. The rule does not apply to  Why should the complaint or information be in
violations of municipal ordinances and special laws. The writing?
prescriptive periods for violations of special laws are
interrupted only by the institution of judicial proceedings for The complaint or information should be in writing so that the
their investigation and punishment, while violations of court has a basis for its decision, to inform the accused of the
municipal ordinances prescribe after two months. nature and cause of the accusation to allow him to present his
defense, and so that nobody will forget the charge, given the
 Distinguish “institution” from “commencement” of fallibility of human memory.
an action.
 What is a complaint?
For offenses which require a preliminary investigation, the
criminal action is instituted by filing the complaint for A complaint is a sworn written statement charging a person
preliminary investigation. The criminal action is commenced with an offense, subscribed by the offended party, any peace
when the complaint or information is filed in court. officer, or other public officer charged with the enforcement of
the law violated.
 Can the offended party go directly to court to file a
criminal action?  Who may file a complaint?

No. Before a complaint is filed in court, there should have The complaint may be filed by the offended party, any peace
been a confrontation between the parties before the Lupon officer, or other public officer charged with the enforcement of
chairman. The Lupon secretary must certify that no the law violated.
conciliation or settlement was reached, attested to by the
Lupon chairman. The complaint may also be filed if the  Who is the “offended party”?
settlement is repudiated by the parties.
The offended party is the person actually injured or whose
 Are there exceptions when the parties may go feeling is offended. He is the one to whom the offender is
directly to court? also civilly liable under Article 100 of the RPC.

1. Where the accused is under detention  If the offended party dies before he is able to file a
2. Where a person has otherwise been deprived of complaint, can his heirs file it in his behalf?
personal liberty calling for habeas corpus
proceedings No. The right to file a criminal action is personal and abates
3. Where actions are coupled with provisional remedies upon the death of the offended party. It is not transmissible
4. Where the action may be barred by the statute of to the heirs.
limitations  Can you file a criminal complaint against a juridical
person?
 When are amicable settlements not allowed?
No, a criminal action cannot lie against a juridical person. It
1. Where one party is the government the corporation violates the law, the officer, through whom
2. Where one party is a public officer or employee and the corporation acts, answers criminally for his acts.
the dispute relates to the performance of his official
functions  May criminal prosecutions be enjoined?
3. Offenses punishable by imprisonment exceeding 1
year or a fine exceeding P5,000
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No. Public interest requires that criminal acts must be May be filed either with the
immediately investigated and prosecuted for the protection of office of the prosecutor or Always filed with the court
society. with the court

 What are the exceptions to the rule that criminal  Who must prosecute criminal actions?
prosecutions may not be enjoined?
The general rule is that all criminal actions commenced by the
1. To afford adequate protection to constitutional rights filing of a complaint or information shall be prosecuted under
of the accused the direction and control of the prosecutor. However, in the
2. When necessary for the orderly administration of Municipal Trial Courts and Municipal Circuit Trial Courts, if the
justice or to avoid oppression or multiplicity of prosecutor is not available, the offended party, any peace
actions officer, or other officer charged with the enforcement of the
3. Where there is a prejudicial question which is law violated may prosecute. This authority ceases upon
subjudice actual intervention by a prosecutor or upon elevation of the
4. When the acts of the officer are without or in excess case to the RTC.
of authority
5. Where the prosecution is under an invalid law,  Can a prosecutor be compelled to file a particular
ordinance, or regulation
complaint or information?
6. When double jeopardy is clearly apparent
7. Where the court had no jurisdiction over the offense
No. A prosecutor is under no compulsion to file a particular
8. Where it is a case of persecution rather than
criminal information where he is not convinced that he has
prosecution
evidence to support the allegations thereof. The exercise of
9. Where the charges are manifestly false and
such judgment and discretion may generally not be compelled
motivated by the lust for vengeance
by mandamus, except if the prosecutor shows evident bias in
10. When there is clearly no prima facie case against the
filing the information and refuses to include a co-accused
accused and a motion to quash on that ground has
without justification. But before filing for mandamus to
been denied
compel a fiscal to include another co-accused in the
11. Preliminary injunction has been issued by the
information, the party must first avail himself of other
Supreme Court to prevent the threatened unlawful
remedies such as the filing of a motion for inclusion.
arrest of petitioners.
 To whom should you appeal the decision of the
 If the complaint is not sworn to by the offended
prosecutor?
party, is it void?
The decision of the prosecutor may be modified by the
No. A complaint presented by a private person when not
Secretary of Justice or in special cases by the President of the
sworn to by him is not necessarily void. The want of an oath
Philippines.
is a mere defect of form which does not affect the substantial
rights of the defendant on the merits.
 Is the prosecutor required to be physically present in
the trial of a criminal case?
 When is a complaint required?
According to People v. Beriales (1976 case), he should be
A sworn written complaint is required if the offense is one
present. If he is not physically present, it cannot be said that
which cannot be prosecuted de officio, or is private in
the prosecution was under his direction and control.
nature (adultery, concubinage, abduction, seduction, acts of
lasciviousness, defamation consisting in the imputation of any
But in People v. Malinao and Bravo v. CA, it was held that
of the above offenses), or where it pertains to those cases
the proceedings are valid even without the physical presence
which need to be endorsed by specific public authorities
of the Fiscal who left the prosecution to the private prosecutor
(Anti-Dummy Board with respect to the Anti-Dummy Law,
under his supervision and control.
National Water and Air Pollution Control Commission with
respect to the Anti-Pollution Law).
 After the case is filed in court, to whom should a
motion to dismiss be addressed?
 What is an information?
Once the information is filed in court, the court acquires
An information is an accusation in writing charging a person
jurisdiction. Whatever disposition the prosecutor may feel
with an offense, subscribed by the prosecutor and filed with
should be proper in the case thereafter should be addressed
the court.
for the consideration of the court, subject only to the
limitation that the court should not impair the substantial
 What is the difference between a complaint and an
rights of the accused or the right of the people to due
information? process.

COMPLAINT INFORMATION  Where should a motion for reinvestigation be filed?

May be signed by the Always signed by prosecuting
offended party, any peace officer After a complaint or information has already been filed in
officer, or other public officer court, a motion for reinvestigation should be addressed to the
charged with the trial judge and to him alone.
enforcement of the law
violated  If, after he has filed the case, the prosecutor thinks
Sworn to by the person Need not be under oath since that a prima facie case exists, can he refuse to
signing it the prosecuting officer filing it prosecute?
is already acting under his
oath of office
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No, he cannot refuse to prosecute. He is obliged by law to
proceed and prosecute the criminal action. He cannot impose and will continue to be exercised by the court until
his opinion on the court. termination of the case.

 What is the distinction between the control by the  What is the meaning of the statement that
prosecution and the control by the court? compliance with the rule is jurisdictional?

Before a case is filed in court, the prosecution has control This means that the complaint filed by the offended party is
over the following: what starts the prosecution, without which the courts cannot
exercise their jurisdiction. Compliance with the rule does not
1. What case to file confer jurisdiction because it is the law which confers
2. Whom to prosecute jurisdiction upon the courts.
3. The manner of prosecution
4. The right to withdraw the case before arraignment  Can the father file a complaint on behalf of his
even without notice and hearing. daughter for concubinage?

After a case is filed in court, the court has control over the No. The rule allowing the parents, grandparents, and
following: guardians to file a complaint on behalf of the minor applies
only to the offenses of seduction, abduction, and acts of
1. The suspension of arraignment lasciviousness. A complaint for adultery or concubinage may
2. Reinvestigation be filed only by the offended spouse.
3. Prosecution by the prosecutor
4. Dismissal  If the offended party in abduction, seduction, and
5. Downgrading of the offense or dropping of the acts of lasciviousness is of age, can her parents file the
accused even before plea
complaint for her?
 What are the limitations on the control by the Court?
No. If the offended party is already of age, she has the
exclusive right to file the complaint unless she becomes
(SINNATRa) incapacitated. The parents, grandparents, and guardian only
have exclusive, successive authority to file the case if the
1. Prosecution is entitled to Notice of hearing offended party is still a minor.
2. The Court must Await the result of a petition for
review  If the offended party dies during the pendency of the
3. The prosecution’s stand to maintain prosecution case, is the criminal liability of the accused
should be Respected by the court
extinguished?
4. The ultimate Test of the court’s independence is
where the prosecutor files a motion to dismiss or
No.
withdraw the information
5. The Court has authority to review the Secretary’s
 X filed a sworn complaint for acts of lasciviousness
recommendation and reject if it there is grave abuse
before the prosecutor. Before the prosecutor could file
of discretion.
the case in court, X died. Can the prosecutor still file
6. To reject or grant a motion to dismiss, the court
the information in court?
must make its own Independent assessment of the
evidence.
Yes. The desire of X to file the case is evident by her filing of
7. Judgment is void if there is No independent
her sworn complaint with the prosecutor.
assessment and finding of grave abuse of discretion.
 An information for robbery with rape was filed
 What are the crimes that must be prosecuted upon
against X. X moved to dismiss the information on the
complaint of the offended party?
ground that there was no complaint filed by the
offended party. Should the case be dismissed?
1. Adultery and concubinage
2. Seduction, abduction, acts of lasciviousness
No. In robbery with rape, the complaint of the offended party
3. Defamation which consists in the imputation of an
is not necessary since the offense of robbery is not a private
offense mentioned above
offense. The prosecution can be commenced without the
 What is a private crime?
complaint of the offended party.
Private offenses are those which cannot be prosecuted except
 When is a complaint or information deemed
upon complaint filed by the aggrieved party. Strictly
sufficient?
speaking, there is no such thing as a private offense since all
offenses are an outrage against the State. They are
A complaint or information is sufficient if it states:
denominated as private offenses only to give deference to the
offended party who may prefer not to file the case instead of
1. the name of the accused
going through the scandal of a public trial.
2. the designation of the offense given by the statute
3. the acts or omissions complained of as constituting
 After a complaint for a private crime has been filed in
the offense
court, what is the effect of pardon by the offended 4. the name of the offended party
party?
5. the approximate date of the commission of the
offense
The pardon by the offended party will not have any effect on
6. the place of the commission of the offense
the prosecution of the offense. Once a complaint has been
filed in court, jurisdiction over the offense will be acquired
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 When is the error in the name of the accused not
fatal to an information? No. The absence of the prescription is not an essential
element of the offense and is only a matter of defense. It
Error in the name of the accused will not nullify the need not be alleged in the information.
information if it contains sufficient description of the person of
the accused.  What are the offenses in which the particular place
where the offense was committed is essential?
 When should the error in the name or identity be
raised by the accused? 1. Violation of domicile
2. Penalty on the keeper, watchman, visitor of opium
The error should be raised before arraignment, or else it is den
deemed waived. 3. Trespass to dwelling
4. Violation of election law (prohibiting the carrying of a
 X was charged with homicide. Can he be possibly be deadly weapon within a 30-meter radius of polling
convicted of murder? places)
Yes. If the recitals in the complaint or information of the acts
and omissions constituting the offense actually allege murder,  What are the offenses in which the time of the
X can be convicted of murder. This is because it is the recital commission of the offense is essential?
of facts and not the designation of the offense that is
controlling. 1. Infanticide
2. Violation of Sunday Statutes (Election Law)
 X was charged with estafa, but the recital of facts 3. Abortion
actually alleges theft. Can X be convicted of theft?
 In what case is the name of the offended party
Yes, because it is the recital, not the designation of the dispensable?
offense that is controlling.
In offenses against property, the name of the offended party
 X was charged with estafa, and the recital of facts may be dispensed with as long as the object taken or
allege estafa. Can X be convicted of theft? destroyed is particularly described to property identify the
offense.
No. The two crimes have elements that are different from
each other. To convict X of theft under an information that  In what cases is the name of the offended party
alleges estafa would violate his right to be informed of the indispensable?
nature and cause of the accusation against him.
Slander, robbery with violence or intimidation.
 X was charged with rape committed through force
and intimidation. Can he be convicted of rape where  What is the rule on duplicity of offenses?
the woman is deprived of reason or is otherwise
unconscious? A complaint or information must charge only one offense,
except when the law provides only one punishment for
No. Where the law distinguishes between two cases of various offenses (compound and complex crimes under Art.
violation of its provision, the complaint or information must 48 of the RPC and special complex crimes).
specify under which of the two cases the defendant is being
charged.  What is the effect of the failure of the accused to
object to a duplicitous information?
 In what case can an accused not be convicted of a
crime different from that designated in the complaint If the accused fails to object before arraignment, the right is
or information even if the recitals allege the deemed waived, and he may be convicted of as many
commission of the crime? offenses as there are charged.

If it involves:  X fired his gun once, but the bullet killed two
persons. He was charged with two counts of homicide
1. a change of the theory of the trial in one information. Can he be convicted under that
2. requires of the defendant a different defense information?
3. surprises the accused in any way
Yes. It falls under the exception to the rule. This is a
 X was accused of illegal possession of firearms, but compound crime in which one act results in two or more
the information did not allege that X did not have any grave or less grave felonies. The law provides only one
license to possess the firearm. Is the information penalty for the two offenses.
valid?
 X was charged with both robbery and estafa in one
No. The absence of the license is an essential element of the information. Can he be convicted of both offenses?
offense. Therefore, it should be alleged in the complaint or
information. It depends. If he objects to the duplicitous information before
arraignment, he cannot be convicted under the information.
 X was charged with illegal possession of opium. X But if he fails to object before arraignment, he can be
contends that the information was invalid for failure to convicted of as many offenses as there are in the information.
allege that he did not have a prescription from a
physician. Is X correct?  What is the principle of absorption?
 7
In cases of rebellion, other crimes committed in the course of
the crime are deemed absorbed in the crime of rebellion 1. Amendment may involve either formal or substantial
either as a means necessary for its commission or as an changes, while substitution necessarily involves a
unintended effect of rebellion. They cannot be charged as substantial change.
separate offenses in themselves. The exception is when the 2. Amendment before plea can be effected without
common crimes are committed without any political leave of court, but substitution is always done with
motivation. In such a case, they will not be absorbed by leave of court since it involves the dismissal of the
rebellion. original complaint.
3. Where the amendment is only as to form, there is no
 If homicide or murder is committed with the use of need for a new preliminary investigation or plea; in
an unlicensed firearm, how many offenses are there? substitution, another preliminary investigation and
plea is required.
There is only one offense – murder or homicide aggravated by 4. An amended information refers to the same offense
the use of unlicensed firearm. This is by special provision of charged or to one which necessarily includes or is
RA 8294. (Dissenting opinion of J. Sabio – How can you necessarily included in the original charge, hence
complex when one is an RPC offense/malum in se and the substantial amendments after plea cannot be made
other is a violation of a special law/malum prohibitum?) over the objection of the accused. Substitution
requires that the new information is for a different
 X was speeding on a highway when his car collided offense which does not include or is not necessarily
with another car. The other car was totally wrecked included in the original charge.
and the driver of the other car suffered serious physical
injuries. How many informations or complaints should  When are the rights of the accused prejudiced by an
be filed against X? amendment?

Only one information should be filed for serious physical 1. When a defense which he had under the original
injuries and damage to property through reckless information would no longer be available
imprudence. The information against X cannot be split into 2. When any evidence which he had under the original
two because there was only one negligent act resulting in information would no longer be available
serious physical injuries and damage to property. 3. When any evidence which he had under the original
information would not longer be applicable to the
 Same case, but the injuries suffered by the driver amended information
were only slight physical injuries. How many
informations should be filed?  What are substantial amendments?

Two informations – one for the slight physical injuries and the After plea, substantial amendments are prohibited. These are
other for damage to property. Light felonies cannot be amendments involving the recital of facts constituting the
complexed. offense and determinative of the jurisdiction of the court. All
other matters are merely of form.
 When can a complaint or information be amended?
 Is an additional allegation of habitual delinquency
BEFORE PLEA, a complaint or information can be amended in and recidivism a substantial amendment?
form or in substance without leave of court, except if the
amendment will downgrade the offense or drop an accused No. These allegations only relate to the range of the
from the complaint or information. In such a case, the imposable penalty but not the nature of the offense.
following requisites must be observed:
 Is an additional allegation of conspiracy a substantial
1. must be made upon motion of the prosecutor amendment?
2. with notice to the offended party
3. with leave of court Yes because it changes the theory of the defense. It makes
4. the court must state its reason in resolving the the accused liable not only for his own acts but also for those
motion of his co-conspirators. (Old J. Sabio answer)
5. copies of the resolution should be furnished all
parties, expecially the offended party The new answer is: No, it is not a substantial amendment in
the following example: X is charged with murder as principal.
AFTER PLEA, only formal amendments may be made only with Later, the complaint is amended to include two other persons
leave of court and when it can be done without causing who allegedly conspired with X. Can X invoke double
prejudice to the rights of the accused. jeopardy on the ground that the amendment is substantial? 
No. The amendment is merely a formal amendment because
 When can a complaint or information be substituted? it does not prejudice the rights of X, who was charged as a
principal to begin with.
A complaint or information may be substituted if at any time
before judgment, it appears that a mistake has been made in  Is a change in the items stolen by the accused a
charging the proper offense, and the accused cannot be substantial amendment?
convicted of the offense charged or of any other offense
necessarily included therein, provided that he will not be Yes because it affects the essence of the imputed crime and
placed in double jeopardy. would deprive the accused of the opportunity to meet all the
allegations in preparation of his defense.
 What are the distinctions between amendment and
substitution?  Is a change in the nature of the offense due to
supervening event a substantial amendment?
 8
No, it is merely a formal amendment.
 Do the offended parties have the right to move for
 Can the court order the dismissal of the original the dismissal of a case?
complaint before a new one is filed in substitution?
No. The right belongs only to the government prosecutor
No. The court will not order the dismissal until the new who is the representative of the plaintiff.
information is filed.
 Can the offended party file a civil action for certiorari
 Where should a criminal action be instituted? in his own name if the RTC dismisses an information?

a. In the court of the municipality or territory where the Yes. In case of grave abuse of discretion amounting to lack of
offense was committed or where any of its essential jurisdiction, the petition may be filed by the offended party
ingredients occurred (Exception: Sandiganbayan cases) because the offended party has an interest in the civil aspect
of the case.
b. If committed in a train, aircraft, or other public or private
vehicle: in the court of any municipality or territory where the RULE 111 PROSECUTION OF CIVIL ACTION
vehicle passed during its trip, including the place of departure
or arrival  What is the general rule?

c. If committed on board a vessel in the course of its voyage: The general rule is when a criminal action is instituted, the
in the court of the first port of entry or of any municipality or civil action for the recovery of the civil liability arising from
territory where the vessel passed during the voyage, subject the offense charged under Article 100 of the RPC shall be
to the generally accepted principles of international law deemed instituted with the criminal action.

d. Crimes committed outside the Phil but punishable under  What are the exceptions?
Article 2 of the RPC: any court where the action is first filed.
The civil action is not deemed instituted in the following
 What is a continuing or transitory offense? cases:

Transitory offenses are crimes where some acts material and 1. When the offended party has waived the civil action
essential to the crimes and requisite to their commission 2. When the offended party has reserved the right to
occur in one municipality or territory and some in another. institute it separately
Continuing offenses are consummated in one place, yet by 3. When the offended party has instituted the civil
the nature of the offense, the violation of the law is deemed action prior to the institution of the criminal action
continuing. Examples are estafa, abduction, malversation,
libel, kidnapping, violation of BP22.  What is the civil action that is deemed instituted with
the criminal action?
 How do you determine jurisdiction over a continuing
crime? Only the civil action for the recovery of civil liability arising
from the offense under Article 100 of the RPC, not the
The courts of the territories where the essential ingredients of independent civil actions under Article 32, 33, 34 and 2176 of
the crime took place have concurrent jurisdiction. But the the Civil Code.
court which first acquires jurisdiction excludes the other
courts.  What is the dual concept of civil liability?

 What are the rules on venue in libel cases? This means that civil liability may arise from crimes or from
quasi-delicts. Thus, a negligent act causing damage may
a. The criminal action for libel may be filed in the RTC of the produce two kinds of civil liability – one arising from crime
province or the city where the libelous article is printed and and another from quasi-delict. The only limitation is that the
first published. offended party may not recover twice from the same act.
b. If the offended party is a private individual, the criminal
action may also be filed in the RTC of the province where he  What are the differences between a crime and a
actually resided at the time of the commission of the offense.
quasi-delict?
c. If the offended party is a public officer whose office is in
Manila at the time of the commission of the offense, the
1. Crimes affect public interest, while quasi-delicts are
criminal action may be filed in the RTC of Manila. only of private concern
d. If the offended party is a public officer whose office is
2. The RPC punishes or corrects the criminal act, while
outside Manila, the action may be filed in the RTC of the the Civil Code merely repairs the damage by means
province or city where he held office at the time of the
of indemnification
commission of the offense. 3. Crimes are punished only if there is a law providing
for their punishment, while quasi-delicts include all
 Can the offended party intervene in the prosecution acts where fault or negligence intervenes.
of the criminal action? Therefore, quasi-delict is broader in scope.

Yes, except if he has waived, has reserved his right, or has  What constitutes civil liability?
already instituted the criminal action. The reason for this rule
is because of Article 100 of the RPC which provides that every
According to Article 104 of the RPC, it constitutes restitution,
person criminally liable shall also be civilly liable and also reparation, and indemnification for consequential damages.
because there are certain offenses which cannot be
prosecuted except upon complaint of the offended party.  What is the basis for the broader concept of civil
liability?
 9
The broader concept of civil liability means that every person
criminally liable is also civilly liable. This is because in a twice from the same act. He should only get the bigger
criminal offense, there are two offended parties – the state award.
and the private offended party.
 What is the effect of an acquittal on the civil action?
 If the complaint does not contain an allegation of
damages, is the offender still liable for them? The general rule is the civil action is not necessarily
extinguished by the acquittal of the accused. Even if the
Yes because every person criminally liable is also civilly liable. accused is acquitted, the court can still award civil liability in
This is subject to the exception when the offended party has the following cases:
waived or has reserved the right to institute the civil action
separately. 1. When the acquittal is based on reasonable doubt
2. When there is a declaration in the decision that the
 When should the reservation be made? liability of the accused is only civil
3. When the civil liability is not derived from or based
The reservation should be made before the prosecution on the criminal act of which the accused is acquitted.
presents its evidence and under circumstances affording the
offended party a reasonable opportunity to make such However, if the decision contains a finding that the act from
reservation. which the civil liability may arise does not exist, the civil
liability is extinguished.
 What is the reason for the rule requiring reservation?
 Can you compel a judge by mandamus to award civil
The reason is to prevent double recovery from the same act damages?
or omission.
Yes because every person criminally liable is also civilly liable
 Can the accused file a counterclaim in the criminal and also because even if the accused is acquitted, there are
case? cases when he is still civilly liable.

No.  What is the reason for allowing the civil liability to

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

Exception: When there is a prejudicial question in a previously  When the defendant is absolved of civil liability in a
filed civil action, it should be resolved first. civil action, can a criminal action still be filed against
him?
 Are the independent civil actions also deemed
suspended with the filing of the criminal action? Yes. While every person criminally liable is also civilly liable,
the converse is not true. Therefore, even if the defendant is
No. Only the civil action arising from the crime under Article absolved of civil liability in a civil action, a criminal action can
100 is suspended. The independent civil actions are not still be filed against him. Besides, the state is a party in a
suspended and may continue even if the criminal action has criminal action, while only the private offended party is a
been instituted. However, the offended party may not recover party in the civil action. Moreover, the quantum of evidence
 10
in the civil action is only preponderance of evidence, while
that required in the criminal action is proof beyond reasonable  What is the scope of preliminary investigation?
doubt.
Preliminary investigation is merely inquisitorial and it is often
 What is a prejudicial question? the only means of discovering whether the offense has been
committed and the persons responsible for it to enable the
A prejudicial question is one based on a fact separate and fiscal to prepare his complaint or information. It is not a trial
distinct from the crime but is so intimately related to it that it on the merits and has no purpose but to determine whether
determines the guilt or innocence of the accused. there is probable cause to believe that an offense has been
committed and that the accused is probably guilty of it. It
 What are the elements of a prejudicial question? does not place the accused in jeopardy.

1. The previously filed civil action involves an issue  Is the right to a preliminary investigation a
which is similar or is intimately related with an issue fundamental right?
raised in the subsequent criminal action
2. The resolution of the issue will determine whether or No, it is a statutory right and may be waived expressly or by
not the criminal action may proceed. silence. It is also not an element of due process, unless it is
expressly granted by law.
 When is an action for annulment of marriage
prejudicial to a bigamy case?  Can an accused demand the right to confront and
cross-examine his witnesses during the preliminary
An action for annulment of marriage is prejudicial to a bigamy investigation?
case only if the accused in the bigamy charge is also the one
asking for annulment of the second (bigamous) marriage No. The preliminary investigation is not part of the trial. It is
based on vitiation of consent. This is because in such a case, summary and inquisitorial in nature, and its function is not to
if the court declares that the party’s consent was indeed determine the guilt of the accused but merely to determine
vitiated and annuls the marriage, then it would also mean the existence of probable cause.
that the party did not willingly commit the crime of bigamy.
It would thus be determinative of the guilt or innocence of the  Is the lack of a preliminary investigation a ground for
accused. dismissing a complaint?

RULE 112 PRELIMINARY INVESTIGATION No. The absence of a preliminary investigation does not
affect the jurisdiction of the court but merely the regularity of
 What is preliminary investigation? the proceedings. The court cannot dismiss the complaint on
this ground, and it should instead conduct the investigation or
Preliminary investigation is an inquiry or proceeding to order the fiscal or lower court to do it.
determine whether there is sufficient ground to engender a
well-founded belief that a crime has been committed and the  What is the effect of the absence of a certification
respondent is probably guilty thereof, and should be held for that a preliminary investigation was conducted?
trial.
It is of no consequence. What is important is that there was
 When is it required? actually an investigation, that the accused was informed
thereof and was allowed to present controverting evidence.
Before a complaint or information is filed, preliminary
investigation is required for all offenses punishable by  When should the right to preliminary investigation be
imprisonment of at least 4 years, 2 months, and 1 day, invoked?
regardless of the fine, except if the accused was arrested by
virtue of a lawful arrest without warrant. In such a case, the The accused should invoke it before plea, or else, it is deemed
complaint or information may be filed without a preliminary waived.
investigation unless the accused asks for a preliminary
investigation and waives his rights under Article 125 of the  What if the court denies the invocation of the right to
RPC. a preliminary investigation, what is the remedy of the
accused?
 What is the purpose of a preliminary investigation?
He must immediately appeal it to the appellate court. He
1. To determine if there is sufficient ground to engender cannot later raise the issue for the first time on appeal.
a well-founded belief that a crime has been
committed and the respondent is probably guilty  If the complaint or information is amended, should a
thereof, and should be held for trial.
new preliminary investigation be conducted?
2. To protect the accused from the inconvenience,
expense, and burden of defending himself in a
No.
formal trial unless the reasonable probability of his
guilt shall have been first ascertained in a fairly
 If the complaint or information is substituted, should
summary proceeding by a competent officer.
a new preliminary investigation be conducted?
3. To secure the innocent against hasty, malicious and
Yes.
oppressive prosecution, and to protect him from an
open and public accusation of a crime, from the
 Who may conduct a preliminary investigation?
trouble, expenses and anxiety of a public trial.
4. To protect the state from having to conduct useless
1. Provincial or city prosecutors and their assistants
and expensive trials.
2. Judges of the MTCs
 11
3. National and Regional State Presecutors
4. Comelec with respect to election offenses conducted for the purpose of determining if there is probable
5. Ombudsman with respect to Sandiganbayan offenses cause to hold a person for trial.
and other offenses committed by public officers
6. PCGG with respect to ill-gotten wealth cases  What is probable cause?

 Can RTC judges conduct a preliminary investigation? Probable cause is the existence of such facts and
circumstances as would excite the belief in a reasonable
No. Although this should not be confused with the authority mind, acting on the facts within the knowledge of the
of the RTC to conduct an examination for the purpose of prosecutor, that the person charged was guilty of the crime
determining probable cause when issuing a warrant of arrest. for which he was prosecuted.

 What is the procedure in conducting a preliminary  Is the presence of counsel in the preliminary
investigation? investigation mandatory?

1. The complaint shall state the address of the No. Preliminary investigation is a summary proceeding and is
respondent and shall be accompanied by the merely inquisitorial in nature. The accused cannot yet invoke
affidavits of the complainants and his witnesses as the full exercise of his rights.
well as other documents to establish probable cause.
The affidavits must be subscribed and sworn before  How does the investigating prosecutor resolve the
the prosecutor or government official authorized to findings after preliminary investigation?
administer oath or notary public.
2. Within 10 days from the filing of the complaint, the 1. If he finds probable cause to hold the respondent for
investigating officer shall either: trial, he shall prepare the resolution 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
b. issue a subpoena to the respondent examined the complainant and his
accompanied by the complaint and witnesses;
affidavits. b. that there is reasonable ground to believe
 The respondent shall have the right to that a crime has been committed and that
examine the evidence, etc, etc. the accused is probably guilty thereof;
c. that the accused was informed of the
3. Within 10 days from receipt of the subpoena, the complaint and of the evidence against him;
respondent shall submit his counter-affidavit, the d. that he was given an opportunity to submit
affidavits of his witnesses, and other documents in controverting evidence.
his defense. Affidavits should also be sworn and
subscribed. The respondent cannot file a motion to 2. If he finds no probable cause, he shall recommend
dismiss in lieu of a counter-affidavit. the dismissal of the complaint.
4. If the respondent cannot be subpoenaed or if he fails 3. Within 5 days from his resolution, he shall forward
to file his counter-affidavit within 10 days, the the record of the case to the provincial or city
investigating officer shall resolve the complaint prosecutor of chief state prosecutor of the
based on the evidence submitted by the Ombudsman. They shall act on the resolution within
complainant. 10 days from receipt and shall immediately inform
5. If there are facts and issued which need to be the parties of such action.
clarified, the investigating officer may set a hearing. 4. No complaint of information may be filed or
The parties can be present, but they cannot cross- dismissed by an investigating prosecutor without the
examine. The hearing shall be held within 10 days prior written authority or approval of the provincial
from the submission of the counter-affidavits or from or city prosecutor or chief state prosecutor or the
the expiration of the period of their submission. It Ombudsman.
shall be terminated within 5 days. 5. If the investigating prosecutor recommends the
6. Within 10 days from the termination of the dismissal of the complaint, but his recommendation
investigation, the investigating officer shall is disapproved by the provincial or city prosecutor or
determine whether or not there is probable cause to chief state prosecutor or Ombudsman on the ground
hold the respondent for trial. that probable cause exists, the latter may either:

 Is a preliminary investigation a judicial proceeding? a. by himself, file the information; or

b. direct another assistant prosecutor to file
Yes because there is an opportunity to be heard and the the information
production and weighing of evidence upon which a decision is
rendered. Since it is a judicial proceeding, the requirement of without need for a new preliminary investigation.
due process in judicial proceedings is also required in 6. The Secretary of Justice may, upon petition by a
preliminary investigations. proper party or by itself, reverse or modify the
resolution of the provincial or city prosecutor, the
 What is the difference between criminal investigation chief state prosecutor, or the ombudsman. In such a
and preliminary investigation? case, he shall direct the prosecutor concerned to
either file the information without need for a new
Criminal investigation is a fact-finding investigation carried preliminary investigation or to dismiss or move for its
out by law-enforcement officers for the purpose of dismissal if already filed in court.
determining whether they should file a complaint for  If there was no preliminary investigation conducted,
preliminary investigation. Preliminary investigation is what is the remedy of the accused?
 12
(RICA P)
 What is the procedure in resolving a complaint when
1. Refuse to enter plea the preliminary investigation is conducted by a judge?
2. Insist on a preliminary investigation
3. File certiorari if refused 1. Within 10 days after the termination of the
4. Raise it as an error on appeal preliminary investigation, the investigating judge
5. File a petition for prohibition shall transmit the resolution of the case to the
provincial or city prosecutor, or to the Ombudsman
 What should the Secretary of Justice do if an for appropriate action.
information that has already been filed in court is 2. The resolution shall state the findings of fact and law
appealed to him? supporting his action together with the record of the
case which shall include:
He should, as far as practicable, refrain from entertaining the
appeal. The matter should be left to the determination of the a. the warrant if the arrest is by virtue of a
Court. warrant
b. the affidavits, counter-affidavits, and
 If the Secretary of Justice gives due course to the supporting evidence
appeal, what should the trial judge do? c. the undertaking or bail and the order of
release
He should suspend proceedings and defer arraignment d. the transcripts of the proceedings
pending the resolution of the appeal. e. the order of cancellation of the bail bond if
the resolution is for the dismissal of the
 Is the determination of probable cause a judicial or complaint
executive function?
3. Within 30 days from the receipt of the records, the
It depends. If it is made in a preliminary investigation for the provincial or city prosecutor or the Ombudsman shall
purpose of determining whether there is reasonable ground to review the resolution of the judge.
believe that the accused has committed the offense and
should be held for trial, it is an executive function. If it is 4. They shall act on the resolution, expressly and
made for the issuance of a warrant of arrest by a judge, it is a clearly stating the facts and the law on which it is
judicial function. based.
5. The parties shall be furnished with copies thereof.
 Can the accused file a motion to quash based on 6. They shall order the release of an accused who is
insufficiency of evidence? detained if no probable cause is found against him.

No. He cannot pre-empt trial by filing a motion to quash on  What happens if the judge fails to resolve the case
the ground of insufficiency of evidence. Whether the function within 10 days from the termination of the
of determining probable cause has been correctly discharged investigation?
by the prosecutor is a matter that the trial court itself does
not and may not pass upon. This constitutes dereliction of duty and is a ground for
dismissal of the judge.
 Is the finding of a judge that probable cause exists
for the purpose of issuing a warrant of arrest subject to  What is the difference between preliminary
judicial review? investigation conducted by the prosecutor and one
conducted by the judge?
No. It would be asking the court to examine and assess such
evidence as has been submitted by the parties before trial The prosecutor is not bound by the designation of the offense
and on the basis thereof, make a conclusion as whether or not in the complaint. After preliminary investigation, he may file
it suffices to establish the guilt of the accused. any case as warranted by the facts. The judge cannot change
the charge in the complaint but must make a finding on
 What is the remedy of the complainant if the whether or not the crime charged has been committed.
Secretary of Justice does not allow the filing of a
criminal complaint against the accused because of  If the investigating judge did not issue a warrant for
insufficiency of evidence? the arrest of the accused during the preliminary
investigation, what is the remedy of the prosecutor if
He can file a civil action for damages against the offender he believes that the accused should be immediately
based on Article 35 of the Civil Code. This would require a placed under custody?
mere preponderance of evidence.
He should file the information in court, so that the RTC may
 What are the remedies of a party against whom a issue the warrant of arrest. He should not file for mandamus
warrant of arrest has been issued? because that could take two years to resolve.

1. post bail  What is a warrant of arrest?

2. ask for reinvestigation
3. petition for review A warrant of arrest is a legal process issued by competent
4. motion to quash the information authority, directing the arrest of a person or persons upon
5. if denied, appeal the judgment after trial grounds stated therein.

(no certiorari)  When may a warrant of arrest be issued?

By the RTC
 13
1. Within 10 days from the filing of the complaint or placing him under immediate custody in order not to
information, the judge shall personally evaluate the frustrate the ends of justice.
resolution of the prosecutor and its supporting 2. Since their objectives are different, the judge should
evidence. not rely solely on the report of the prosecutor in
2. He may immediately dismiss the case if the evidence finding probable cause to justify the issuance of a
fails to establish probable cause. warrant of arrest. The judge must decide
3. If he finds probable cause, he shall issue a warrant independently and must have supporting evidence
of arrest or a commitment order if the accused has other than the prosecutor’s bare report.
already been arrested by virtue of a warrant issued 3. It is not required that the complete or entire records
by the MTC judge who conducted the preliminary of the case during the preliminary investigation be
investigation or if he was arrested by virtue of a submitted to and examined by the judge. He must
lawful arrest without warrant. have sufficient supporting documents upon which to
4. In case of doubt on the existence of probable cause, make his independent judgment.
the judge may order the prosecutor to present
additional evidence within 5 days from notice and the  How should the complaint or information be filed
issue must be resolved within 30 days from the filing when the accused is lawfully arrested without warrant?
of the complaint or information.
The complaint or information may be filed by a prosecutor
By the MTC without need for a preliminary investigation provided an
inquest proceeding has been conducted in accordance with
1. If the preliminary investigation was conducted by a existing rules. In the absence of an inquest prosecutor, the
prosecutor, same procedure as above offended party or any peace officer may file the complaint
2. If the preliminary investigation was conducted by the directly in court on the basis of the affidavit of the offended
MTC judge and his findings are affirmed by the party or peace officer.
prosecutor, and the corresponding information is
filed, he shall issue a warrant of arrest.  What is the remedy of the person arrested without
3. However, without waiting for the conclusion of the warrant if he wants a preliminary investigation?
investigation, he may issue a warrant of arrest if he
finds after: Before the complaint or information is filed, he may ask for
one provided that he signs a waiver of his rights under Article
a. an examination in writing and under oath of 125 of the RPC in the presence of counsel. He may still apply
the complainant and his witnesses
for bail in spite of the waiver. The investigation must be
b. in the form of searching questions and terminated within 15 days.
answers that probable cause exists AND
that there is a necessity of placing the After the complaint of information is filed but before
accused under immediate custody in order
arraignment, the accused may, within 5 days from the time
not to frustrate the ends of justice. he learns of his filing, ask for a preliminary investigation.
 What are the kinds of offenses that may be filed with  What is an inquest?
the MTC for preliminary investigation?
An inquest is an informal and summary investigation
1. Those which are cognizable by the RTC
conducted by a public prosecutor in a criminal case involving
2. Those cognizable by the MTC where the penalty is at persons arrested and detained without the benefit of a
least 4 years, 2 months, and 1 day regardless of the
warrant of arrest issued by the court for the purpose of
fine determining whether said persons should remain under
custody and correspondingly charged in court.
 When is a warrant of arrest not necessary?
 What are the guidelines to safeguard the rights of an
1. When the accused is already under detention issued accused who has been arrested without a warrant?
by the MTC
2. When the accused was arrested by virtue of a lawful 1. The arresting officer must bring the arrestee before
arrest without warrant
the inquest fiscal to determine whether the person
3. When the penalty is a fine only should remain in custody and charged in court or if
he should be released for lack of evidence or for
 Are “John Doe” warrants valid? further investigation.
2. The custodial investigation report shall be reduced to
Generally, John Doe warrants are void because they writing, and it should be read and adequately
violate the constitutional provision that requires that warrants explained to the arrestee by his counsel in the
of arrest should particularly describe the person or persons to language or dialect known to him.
be arrested. But if there is sufficient description to identify
the person to be arrested, then the warrant is valid.  What is the procedure in cases not requiring a
preliminary investigation?
 What are the principles governing the finding of
probable cause for the issuance of a warrant of arrest? 1. If filed with the prosecutor, the prosecutor shall act
on the complaint based on the affidavits and other
1. There is a distinction between the objective of supporting documents submitted by the complainant
determining probable cause by the prosecutor and within 10 days from its filing.
by the judge. The prosecutor determines it for the 2. If filed with the MTC:
purpose of filing a complaint or information, while
the judge determines it for the purpose of issuing a
warrant of arrest – whether there is a necessity of
 14
a. If within 10 days from the filing of the
complaint or information, the judge finds no
probable cause after personally examining  A police officer was chasing a person who had just
the evidence in writing and under oath of committed an offense. The person went inside a house,
the complainant and his witnesses in the so the police officer followed. Inside the house, the
form of searching questions and answers, police officer saw drugs lying around. Can he
he shall dismiss the complaint or confiscate the drugs? Can he use them as evidence?
information.
b. He may require the submission or additional Yes. The plain view doctrine is applicable in this case because
evidence, within 10 days from notice. If he there was a prior valid intrusion, the police officer
still finds no probable cause, he shall inadvertently discovered the evidence, he had a right to be
dismiss the case. there, and the evidence was immediately apparent.
c. If he finds probable cause, he shall issue a
warrant of arrest or a commitment order  What if the officer merely peeks through the window
and hold him for trial. If he thinks that
of the house and sees the drugs – can he confiscate
there is no necessity for placing the accused them? Can he use them as evidence?
under custody, he may issue summons
instead. He can confiscate them, without prejudice to his liability for
violation of domicile. He cannot use them as evidence
RULE 113 ARREST because the seizure cannot be justified under the plain view
doctrine, there being no previous valid intrusion.
 What is arrest?
 When should an arrest be made?
Arrest is the taking of a person into custody in order that he
may be bound to answer for the commission of an offense.
It can be made on any day and at any time of the day and
night.
 How is an arrest made?
 Can an officer arrest a person against whom a
Arrest is made by an actual restraint of the person to be
warrant has been issued even if he does not have the
arrested or by his submission to the custody of the person warrant with him?
making the arrest.
Yes, but after the arrest, if the person arrested requires, it
 What does it mean when jurisprudence says that the
must be shown to him as soon as practicable.
officer, in making the arrest, must “stand his ground”?
SECTION 14 BAIL
It means that the officer may use such force as is reasonably
necessary to effect the arrest.  What is bail?

 What is the duty of the arresting officer who arrests

Bail is the security given for the release of a person in
a person? custody of the law, furnished by him or a bondsman, to
guarantee his appearance before any court as required.
He must deliver the person immediately to the nearest jail or
police station.  What are the forms of bail?

 Within what period must a warrant of arrest be

Bail may be in the form of:
served?
1. corporate surety
There is no time period. A warrant of arrest is valid until the 2. property bond
arrest is effected or until it is lifted. The head of the office to 3. cash deposit
whom the warrant was delivered must cause it to be executed 4. recognizance
within 10 days from its receipt, and the officer to whom it is
assigned for execution must make a report to the judge who  What is recognizance?
issued it within 10 days from the expiration of the period. If
he fails to execute it, he should state the reasons therefor. Recognizance is an obligation of record, entered into before a
court or magistrate duly authorized to take it, with the
 When is an arrest without warrant lawful? condition to do some particular act, the most usual condition
in criminal cases being the appearance of the accused for
A peace officer or private person may arrest without warrant: trial.

1. When in his presence, the person to be arrested has  When is bail a matter of right and when is it a matter
committed, is actually committing, or is about to
of discretion?
commit an offense;
2. When an offense has just been committed, and he
In the MTC, it is a matter of right before or after conviction,
has probable cause based on personal knowledge of regardless of the offense.
facts and circumstances that the person to be
arrested has committed it; and In the RTC, it is a matter of right before conviction, except for
3. When the person to be arrested is a prisoner who
offenses punishable by death, reclusion perpetua, or life
has escaped from a penal establishment or place sentence and the evidence of guilt is strong, in which case it
where he is serving final judgment or is temporarily
is discretionary. After conviction, bail is a matter of discretion
confined while his case is pending or has escaped regardless of the offense. The application for bail may be
while being transferred from one confinement to
filed and acted upon by the trial court as long as the original
another.
 15
record of the case has not been transmitted to the appellate
court. However, if the decision of the trial court changed the  What are the guidelines in setting the amount of
nature of the offense from non-bailable to bailable, the bail?
application should be addressed and resolved by the
appellate court. 1. Financial ability of the accused
2. Nature and circumstances of the offense
 When can the prosecution move for the cancellation 3. Penalty for the offense
or denial of bail of the accused? 4. Character and reputation of the accused
5. Age and health of the accused
If the penalty imposed by the trial court is imprisonment 6. Weight of evidence against the accused
greater than 6 years, the prosecution may move for denial or 7. Probability of the accused appearing at the trial
cancellation of the bail of the accused, with notice to the 8. Forfeiture of other bail
accused, upon showing of the following circumstances: 9. The fact that he was a fugitive from the law when
arrested
1. That he is a recidivist, quasi-recidivist, habitual 10. Pendency of other cases where the accused is on bail
delinquent, or committed the offense with the
aggravating circumstance of reiteracion.  Where should bail be filed?
2. The he has previously escaped from legal
confinement, evaded sentence, or violated the It may be filed with the court where the case is pending. In
conditions of his bail without valid justification. the absence of the judge thereof, bail may be filed with any
3. That he committed the offense while on probation, RTC or MTC judge in the province, city, or municipality. If the
parole or conditional pardon accused is arrested in a province, city, or municipality other
4. That the circumstances of his case indicate the than where the case is pending, bail may also be filed with
probability of flight if released on bail; or and RTC of said place, or if no judge is available, with any
5. That there is undue risk that he may commit another MTC judge therein.
crime during the pendency of the appeal.
But where bail is a matter of discretion or where the accused
 When is a bail hearing necessary? seeks to be released on recognizance, bail may only be filed
in the court where the case is pending.
Bail hearing is mandatory when bail is a matter of discretion.
It is incumbent upon the prosecution to show that the Any person in custody who is not yet charged may apply for
evidence of guilt is strong. Even if the prosecution is absent bail with any court in the province, city or municipality where
or refuses to present evidence, the court cannot grant bail he is held.
without conducting a hearing. The court must first be
convinced that the evidence does not warrant the denial of  What is the remedy of the accused if he is denied
bail. bail?

 What is required of the judge who denies an He should file a special civil action in the CA, not the SC
application for bail? within 60 days.

The order should contain a summary of the evidence  Does an application for bail bar the accused from
presented and the reason for the denial, otherwise it shall be questioning the validity or his arrest, the validity of the
void. This is in order to safeguard the constitutional right to warrant, or the manner of conducting the preliminary
presumption of innocence and also because there is a need investigation?
for clear grounds before a person can be denied of his liberty.
No, provided that he raises these questions before plea.
 If there is a likelihood that the accused would jump
bail, what should the court do?
RULE 115 RIGHTS OF THE ACCUSED
1. Increase the amount of bail
2. Require periodic reports of the accused to court  What are the rights of the accused in criminal
3. Warn him that the trial may proceed in absentia prosecutions?

 What is a capital offense? 1. To be presumed innocent until the contrary is proved

beyond reasonable doubt;
A capital offense is an offense which, under the law existing 2. To be informed of the nature and cause of the
at the time of its commission and of the application for accusation against him;
admission to bail, may be punished with death. 3. To be present and defend in person and by counsel
at every stage of the proceedings, from arraignment
 What are the duties of the trial judge in case an to promulgation of judgment;
application for bail is filed? 4. To testify as a witness in his own behalf but subject
to cross-examination on matters covered by direct
1. Notify the prosecutor of the hearing or require him to examination;
submit his recommendation 5. To be exempt from being compelled to be a witness
2. Conduct a hearing against himself;
3. Decide whether the evidence of guilt is strong based 6. To confront and cross-examine the witnesses against
on the summary of evidence of the prosecution him at the trial;
4. If the guilt of the accused is not strong, discharge 7. To have compulsory process issued to secure the
the accused upon the approval of the bailbond. If attendance of witnesses and production of other
evidence of guilt is strong, the petition should be evidence in his behalf;
denied. 8. To have a speedy, impartial, and public trial;
 16
9. To appeal in all cases allowed and in the manner
prescribed by law. 1. Presumptions – If there is a reasonable connection
between the fact presumed and the fact ultimately
Due Process proven from such fact

 What are the two aspects of the right to due Examples:

process?
a. When an accountable public officer fails to
1. Substantive due process – this refers to the intrinsic account for funds or property that should be
validity of the law in his custody, he is presumed to be guilty
2. Procedural due process – one that hears before it of malversation;
condemns, proceeds upon inquiry, and renders b. Persons in possession of recently stolen
judgment only after trial and based on the evidence goods are presumed guilty of the offense in
presented therein. connection with the goods.

 Is it necessary to have trial-type proceedings in 2. Self-Defense – One who invokes self-defense is

order to satisfy the requirement of due process? presumed guilty. The burden of proving the
elements of self-defense (unlawful aggression,
No. There is no need for trial-type proceedings in order to reasonable necessity of the means used to prevent
satisfy due process. What is important is that there was an or repel it; lack of sufficient provocation on the part
opportunity to be heard. Notice and hearing are the of the one defending himself) belongs to the
minimum requirements of due process. accused.

 In general, what are the requirements of procedural  What is a “reverse trial”?

due process?
Usually, the prosecution presents its evidence to establish the
1. There must be an impartial and competent court with guilt of the accused first. But a reverse trial happens if the
judicial power to hear and determine the matter accused admits the killing but claims self-defense. He must
before it; first establish the elements of self-defense in order to
2. Jurisdiction must be lawfully acquired over the overturn the presumption that he was guilty of the offense.
person of the defendant or over the property subject
of the proceeding; Right to be present at the trial
3. The defendant must be given an opportunity to be
heard;  What are the requisites of a valid trial in absentia?
4. Judgment must be rendered upon lawful hearing.
1. The accused has already been arraigned;
 In criminal cases, what are the requirements of 2. He has been duly notified of the trial
procedural due process? 3. His failure to appear at the trial is unjustifiable.

The requirements in criminal cases are more stringent. They  Can the right to be present at the trial be waived?
are:
Yes, except in the following situations, where the presence of
1. The accused must have been heard by a court of the accused at the trial is required:
competent jurisdiction;
2. He must have been proceeded against under orderly 1. Arraignment;
processes of the law; 2. During promulgation of judgment, except if it is for a
3. He may be punished only after inquiry and light offense;
investigation; 3. When the presence of the accused at the trial is
4. There must be notice to the accused; necessary for purposes of identification, unless he
5. The accused must be given an opportunity to be admits beforehand that he is the same person
heard; charged.
6. Judgment must be rendered within the authority of a
constitutional law. Right to Counsel

Presumption of Innocence  Is there a difference between the right to counsel

during custodial investigation and the right to counsel
 What is the meaning of the right of presumption of during the trial?
innocence?
Yes. In custodial investigation, the right to counsel can only
The right means that the presumption must be overcome by be waived in writing AND with the assistance of counsel. The
evidence of guilt beyond reasonable doubt. Guilt beyond counsel required in custodial investigation is competent and
reasonable doubt means that there is moral certainty as to independent counsel, preferably of his own (the suspect’s)
the guilt of the accused. Conviction should be based on the choice.
strength of the prosecution and not on the weakness of the
defense. The significance of this is that accusation is not During the trial, the right to counsel means the right to
synonymous with guilt. effective counsel.

 What are the exceptions to the constitutional The requirement is stricter during custodial investigation
presumption of innocence? because a trial is done in public, while 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.
 17
During trial the purpose of counsel is not so much to protect
him from being forced to confess but to defend the accused. The right against self-incrimination covers testimonial
compulsion only and the compulsion to produce incriminating
Why is the right to counsel afforded during trial? documents, papers, and chattels. It does not cover the
compulsion to produce real or physical evidence using the
The right to counsel is embraced in the right to be heard. body of the accused.

 When should the right to counsel be invoked?  Is there an exception to the right against self-
incrimination?
The right to counsel may be invoked at any stage of the
proceedings, even on appeal. However, it can also be waived. The right cannot be invoked when the State has the right to
The accused is deemed to have waived his right to counsel inspect documents under its police power, such as documents
when he voluntarily submits himself to the jurisdiction of the of corporations.
Court and proceeds with his defense.
 What is the rationale for protecting the right against
But in US v. Escalante and People v. Nang Kay (p. 532 of self-incrimination?
Herrera Textbook), the Court held that the defendant cannot
raise the question of his right to have an attorney for the first There are two reasons:
time on appeal. If the question is not raised in the trial court,
the prosecution may go to trial. The question will not be 1. For humanitarian reasons: To prevent the State, with
considered in the appellate court for the first time when the all its coercive powers, from extracting testimony
accused fails to raise it in the lower court. that may convict the accused.
2. For practical reasons: The accused is likely to commit
Is the duty of the court to appoint counsel-de-oficio perjury if he were compelled to testify against
mandatory at all times? himself.

No. The duty to appoint counsel-do-oficio is mandatory only  Who may invoke the right against self-incrimination,
up to arraignment. and when can they invoke the right?

 Does the mistake of counsel bind the client? 1. An ordinary witness may invoke the right, but he
may only do so as each incriminating question is
As a rule, the mistake of counsel binds the client. Therefore, asked.
the client cannot question a decision on the ground that 2. The accused himself may invoke the right, and unlike
counsel was an idiot. However, an exception to this is if the ordinary witness, he may altogether refuse to
counsel misrepresents himself as a lawyer, and he turns out take the witness stand and refuse to answer any and
to be a fake lawyer. In this case, the accused is entitled to a all questions.
new trial because his right to be represented by a member of
the bar was violated. He was thus denied of his right to But, once the accused waives his right and chooses
counsel and to due process. to testify in his own behalf, he may be cross-
examined on matters covered in his direct
 Is the right to counsel absolute? examination. He cannot refuse to answer questions
during cross-examination by claiming that the
No. The right of choice must be reasonably exercised. The answer that he will give could incriminate him for the
accused cannot insist on counsel that he cannot afford, one crime with which he was charged.
who is not a member of the bar, or one who declines for a
valid reason, such as conflict of interest. Also, the right of the However, if the question during cross-examination
accused to choose counsel is subject to the right of the state relates to a crime different from that with which he
to due process and to speedy and adequate justice. was charged, he can still invoke the right and refuse
to answer.
 When can the accused defend himself in person?
 Can the accused or witness invoke the right against
The accused can defend himself in person only if the court is self-incrimination if he is asked about past criminality?
convinced that he can properly protect his rights even without
the assistance of counsel. It depends. If he can still be prosecuted for it, questions
about past criminal liability are still covered by the protection
Right to be a Witness on His Own Behalf of the right against self-incrimination. But if he cannot be
prosecuted for it anymore, he cannot invoke the right.
 What is the weight of the testimony of an accused
who testifies on his own behalf but refuses to be cross-  What are the rights of the accused in the matter of
examined? testifying or producing evidence?

The testimony will not be given weight. It will not have 1. Before the case is filed in Court but after he has
probative value because the prosecution was not given a been taken into custody or otherwise deprived of his
chance to test the credibility of the testimony through cross- liberty
examination.
a. the right to be informed of
Right Against Self-Incrimination b. his right to remain silent and to counsel
c. the right not to be subjected to force,
 What is the scope of the right against self- violence, threat, intimidation, or any other
incrimination? means which vitiate free will
 18
d. the right to have evidence obtained in
violation of these rights rejected
Yes, it can be waived either expressly or impliedly. It is
2. After the case is filed in court waived impliedly when an accused waives his right to be
present at the trial. The right of confrontation may also be
a. to refuse to be a witness waived by conduct amounting to a renunciation of the right to
b. not to have any prejudice whatsoever result cross-examine. When the party was given an opportunity to
to him by such refusal confront and cross-examine an opposing witness but failed to
c. to testify in his own behalf subject to cross- take advantage of it for reasons attributable to himself alone,
examination by the prosecution he is deemed to have waived the right.
d. while testifying, to refuse to answer a
specific question which tends to incriminate  What happens to the testimony of a witness who dies
his for some crime other than that for or becomes unavailable?
which he is being prosecuted.
It depends. If the other party had the opportunity to cross-
 What are immunity statutes? examine the witness before he died or became unavailable,
the testimony may be used as evidence. However, if the
The immunity statutes are classified into two – use immunity other party did not even have the opportunity to cross-
statutes and transactional immunity statutes. examine before the subsequent death or unavailability of the
witness, the testimony will have no probative value. (An
Use immunity prohibits the use of a witness’ compelled opportunity to cross-examine is all that is necessary in
testimony and its fruits in any manner in connection with order to allow the use of the testimony of the witness. There
the criminal prosecution of the witness. (Therefore, the need not be an actual cross-examination, as long as there
witness can still be prosecuted, but the compelled testimony was an opportunity to do so.)
cannot be used against him.)
Right to Compulsory Process
Transactional immunity grants immunity to the witness
from prosecution for an offense to which his compelled  What is the right to compulsory process?
testimony relates. (Here, the witness cannot be prosecuted at
all.) Examples are state witnesses and those who furnish It is the right of the accused to have a subpoena and/or a
information about violations of the Internal Revenue Code, subpoena duces tecum issued in his behalf in order to compel
even if they themselves offered bribes to the public official. the attendance of witnesses and the production of other
evidence.
 What is the effect of the refusal of the accused to
refuse to testify in his behalf?  What happens if a witness refuses to testify when
required?
As a general rule, the silence of the accused should not
prejudice him. The court should order the witness to give bail or even order
his arrest, if necessary. Failure to obey a subpoena amounts
However, in the following cases, an unfavorable inference is to contempt of court.
drawn from the failure of the accused to testify:
Right to Speedy, Public, and Impartial Trial
1. If the prosecution has already established a prima
facie case, the accused must present proof to  How should the trial be conducted?
overturn the evidence of the prosecution.
2. If the defense of the accused is alibi and he does not The trial should be speedy, public, and impartial.
testify, the inference is that the alibi is not
believable.  What is the meaning of the right to speedy trial?
 Is DNA testing covered by the right against self-
The right means that the trial should be conducted according
incrimination?
to the law of criminal procedure and the rules and
regulations, free from vexations, capricious, and oppressive
No (recent SC ruling).
delays.
Right of Confrontation
 When should the arraignment and pre-trial be held?
 What is the meaning of the right of confrontation?
According to the Speedy Trial Act and Circular 38-98,
arraignment and pre-trial if the accused pleads not guilty
It means that the accused can only be tried using those
should be held within 30 days from the date the court
witnesses that meet him face to face at the trial who give acquires jurisdiction of the person of the accused.
testimony in his presence, with the opportunity to cross-
examine them.  Within how many days should the trial be
completed?
 What are the reasons for the right?
In no case shall the entire period exceed 180 days from the
1. To allow the court to observe the demeanor of the first day of trial, except as otherwise authorized by the Court
witness while testifying.
Administrator.
2. To give the accused the opportunity to cross-
examine the witness in order to test their recollection
 What is the remedy of an accused whose right to
and credibility.
speedy trial is violated?
 Can the right of confrontation be waived?
 19
The accused has the following remedies:
exercise the right to appeal must comply with the
1. File a motion to dismiss on the ground of violation of requirements of the rules.
his right to speedy trial. (For purposes of double
jeopardy, this has the same effect as an acquittal.)  Can the right to appeal be waived?
This must be done prior to trial, or else, it is deemed
a waiver of the right to dismiss. Yes, it can be waived expressly or impliedly.
2. File for mandamus to compel a dismissal of the
information.  What is the effect of the flight of the accused on his
3. If he is restrained of his liberty, file for habeas right to appeal?
corpus.
4. Ask for the trial of the case. When the accused flees after the case has been submitted to
the court for decision, he will be deemed to have waived his
 What is the limitation on the right of an accused to a right to appeal from the judgment rendered against him.
speedy trial?
RULE 116 ARRAIGNMENT AND PLEA
The limitation is that the State should not be deprived of its
day in court. The right of the State/the prosecution to due  Where should the accused be arraigned?
process should be respected.
The accused must be arraigned before the court where the
The prosecution and the complainant fail to attend
complaint was filed or assigned for trial.
the first hearing. The court postpones the hearing to
another date. Is there a violation of the right to speedy  How is arraignment made?
trial?
Arraignment is made:
No. The right to speedy trial is violated when there are
unjustified postponements of the trial, and a long period of
1. in open court
time is allowed to elapse without the case being tried for no 2. by the judge or clerk
justifiable reason.
3. by furnishing the accused with a copy of the
complaint or information
What is the meaning of the right to a public trial?
4. reading it in the language or dialect known to him,
and
It means that anyone interested in observing the manner that 5. asking him whether he pleads guilty or not guilty.
a judge conducts the proceedings in his courtroom may do so.
 Can there be an arraignment without the presence of
 Why should a trial be conducted in public? the accused?

The trial should be public in order to prevent abuses that may No. The accused must be present at the arraignment and
be committed by the court to the prejudice of the defendant. must personally enter his plea.
Moreover, the accused is entitled to the moral support of his
friends and relatives.  What is the effect of the refusal of the accused to
enter a plea?
 Is there an exception to the requirement of
publicity? If the accused refuses to plead or makes a conditional plea, a
plea of not guilty shall be entered for him.
Yes. The court may bar the public in certain cases, such as
when the evidence to be presented may be offensive to  X is charged with homicide. He pleads guilty but
decency or public morals, or in rape cases, where the purpose presents evidence to establish self-defense. What
of some persons in attending is merely to ogle at the parties.
should the court do?
 Is it okay to hold the trial in the chambers of the
The court should withdraw the plea and enter a plea of not
judge? guilty.

Yes. There is no violation of the right to a public trial, since  When should the arraignment be held?
the public is not excluded from attending the trial.
The general rule is that the accused should be arraigned
 In so-called trials by publicity, when can the publicity
within 30 days from the date the court acquires jurisdiction
be considered prejudicial to the accused? over the person of the accused. The time of the pendency of
a motion to quash or for a bill of particulars or other causes
To warrant a finding of prejudicial publicity, there must be justifying suspension of the arraignment shall be excluded in
allegations and proof that the judges have been unduly computing the period.
influenced, not simply that they might be, by the barrage of
publicity. However, in the following cases, the accused should be
arraigned with a shorter period:
Right to Appeal, When Allowed
1. Where the complainant is about to depart from the
 Is the right to appeal a fundamental right? Philippines with no definite date of return, the
accused should be arraigned without delay and his
No. The right to appeal is a statutory right, except in the trial should commence within 3 days from
case of the minimum appellate jurisdiction of the Supreme arraignment.
Court granted by the Constitution. Anyone who seeks to
 20
2. The trial of cases under the Child Abuse Act requires
that the trial should be commenced within 3 days Yes. The prosecution may call at the trial witnesses other
from arraignment. than those named in the complaint or information.
3. When the accused is under preventive detention, his
case shall be raffled and its records transmitted to  X was charged with homicide. He entered a plea of
the judge to whom the case was raffled within 3 days guilty. He was later allowed to testify in order to prove
from the filing of the information or complaint. The the mitigating circumstance of incomplete self-defense.
accused shall be arraigned within 10 days from the At the trial, he presented evidence to prove that he
date of the raffle. acted in complete self-defense. The court acquitted
him. Later, X was again charged with physical injuries.
 Can the lawyer of the accused enter a plea for him? X invoked double jeopardy. Can X be prosecuted again
for physical injuries?
No. The accused must personally enter his plea. Yes. There was no double jeopardy. In order for double
jeopardy to attach, there must have been a valid plea to the
 What is the importance of arraignment? first offense. In this case, the presentation by X of evidence
to prove complete self-defense had the effect of vacating his
Arraignment is the means for bringing the accused into court plea of guilt. When the plea of guilt was vacated, the court
and informing him of the nature and cause of the accusation should have ordered him to plead again, or at least should
against him. During arraignment, he is made fully aware of have directed that a new plea of not guilty be entered for
possible loss of freedom or life. He is informed why the him. Because the court did not do this, at the time of the
prosecuting arm of the State is mobilized against him. It is acquittal, there was actually no standing plea for X. Since
necessary in order to fix the identity of the accused, to inform there was no valid plea, there can be no double jeopardy.
him of the charge, and to give him an opportunity to plead.
 Can a person who pleaded guilty still be acquitted?
 During the arraignment, is the judge duty-bound to
point out that an information is duplicitous? Yes. When an accused pleads guilty, it does not necessarily
follow that he will be convicted. Additional evidence
No. The judge has no obligation to point out the independent of the guilty plea may be considered by the
duplicitousness or any other defect in an information during judge to ensure that the plea of guilt was intelligently made.
arraignment. The obligation to move to quash a defective The totality of evidence should determine whether the
information belongs to the accused, whose failure to do so accused should be convicted or acquitted.
constitutes a waiver of the right to object.
 When can the accused plead guilty to a lesser
 X was tried for murder without having been offense?
arraigned. At the trial, X’s counsel presented
witnesses and cross-examined the prosecution At arraignment, the accused may plead guilty to a lesser
witnesses. It was only after the case was submitted offense which is necessarily included in the offense charged,
for decision that X was arraigned. X was convicted. provided that the offended party and the prosecutor give their
Can X invoke the failure of the court to arraign him consent.
before trial as a ground for questioning the conviction?
After arraignment BUT BEFORE TRIAL, the accused may still
No. The failure of the court to arraign X before trial was be allowed to plead guilty to a lesser offense, after he
conducted did not prejudice the rights of X since he was able withdraws his plea of not guilty. In such a case, the
to present evidence and cross-examine the witnesses of the complaint or information need not be amended.
prosecution. The error was cured by the subsequent
arraignment. When the penalty imposable for the offense is at least 6 years
and 1 day or a fine exceeding P12,000, the prosecutor must
 Is the accused presumed to have been arraigned in first submit his recommendation to the City or Provincial
the absence of proof to the contrary? Prosecutor or to the Chief State Prosecutor for approval. If
the recommendation is approved, the trial prosecutor may
Yes. In view of the presumption of regularity in the then consent to the plea of guilty to a lesser offense.
performance of official duties, it can be presumed that a
person accused of a crime was arraigned, in the absence of  What should the court do when the accused pleads
proof to the contrary. However, the presumption of regularity guilty to a capital offense?
is not applied when the penalty imposed is death. When the
life of a person is at stake, the court cannot presume that The court should:
there was an arraignment; it has to be sure that there was
one. 1. conduct a searching inquiry into the voluntariness
and full comprehension of the consequences of the
 Is the accused entitled to know in advance the plea.
names of all of the prosecution witnesses? 2. require the prosecution to present evidence to prove
the guilt and the precise degree of culpability of the
No. The success of the prosecution might be endangered if accused for the purpose of imposing the proper
this right were granted to the accused. The witnesses might penalty.
be subjected to pressure or coercion. The right time for the 3. ask the accused if he desires to present evidence in
accused to know their identities is when they take the witness his behalf and allow him to do so if he desires.
stand.
 Does a plea of guilty mean an admission even of the
 Can the prosecution call witnesses that are not listed aggravating circumstances?
in the information?
 21
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  X is charged with homicide. He pleads guilty, but
only accept a clear, definite, and unconditional plea of guilty. tells the judge “hindi ko sinasadya.” Is his plea valid?

 When can the plea of guilty be considered a No. In order to be valid, the plea of guilty must be
mitigating circumstance? unconditional. In this case, when X said “hindi ko sinasadya,”
he made a qualified plea of guilty. This is not a valid plea of
It is mitigating if made before the prosecution starts to guilty. A plea of not guilty should be entered instead.
present evidence.
 When a defendant appears without an attorney
 What is the meaning of the duty of the judge to during arraignment, what should the court do?
conduct a “searching inquiry”?
The court has a four-fold duty:
In all cases, the judge must convince himself: (1) that the
accused is entering the plea of guilty voluntarily and 1. It must inform the defendant that he has a right to
intelligently; and (2) that he is truly guilty and that there an attorney before being arraigned;
exists a rational basis for a finding of guilt based on his 2. After informing him, the court must ask the
testimony. defendant if he desires to have the aid of an
attorney;
In addition, the judge must inform the accused of the exact 3. If he desires and is unable to employ an attorney,
length of imprisonment and the certainty that he will serve it the court must assign an attorney de oficio to defend
at the national penitentiary or a penal colony. The judge him;
must dispel any false notion that the accused may have that 4. If the accused desires to procure an attorney of his
he will get off lightly because of his plea of guilt. own, the court must grant him a reasonable time
therefor.
 Is it mandatory for the prosecution to present proof
of aggravating circumstances?  What is the reason for this four-fold duty?

Yes. It is mandatory in order to establish the precise degree The right to be heard would be of little avail if it does not
of culpability and the imposable penalty. Otherwise, there is include the right to be heard by counsel.
an improvident plea of guilty.
 What is the effect of the failure of the court to
 Can a court validly convict an accused based on an comply with these duties?
improvident plea of guilty?
It is a violation of due process.
Yes. If there is adequate evidence of the guilt of the accused
independent of the improvident plea of guilty, the court may  What is a counsel de oficio?
still convict the accused. The conviction will be set aside only
if the plea of guilt is the sole basis of the judgment. Counsel de oficio is counsel appointed by the court to
represent and defend the accused in case he cannot afford to
 What should the court do when the accused pleads employ one himself.
guilty to a non-capital offense?
 Who can be appointed as counsel de oficio?
The court may receive evidence from the parties to determine
the penalty to be imposed. Unlike in a plea of guilty to a The court, considering the gravity of the offense and the
capital offense, the reception of evidence in this case is not difficulty of the questions that may arise shall appoint as
mandatory. It is merely discretionary on the court. counsel de oficio:

 When can the validity of a plea of guilty be attacked? 1. such members of the bar in good standing
2. who by reason of their experience and ability, can
Generally, a plea of guilty cannot be attacked if it is made competently defend the accused.
voluntarily and intelligently. It can only be attacked if it was
induced by threats, misrepresentation, or bribes. When the But, in localities where such members of the bar are not
consensual character of the plea is called into question or available, the court may appoint any person who is:
when it is shown that the defendant was not fully apprised of
its consequences, the plea can be challenged. 1. a resident of the province
2. and of good repute for probity and ability to defend
 Can an improvident plea of guilty be withdrawn as a the accused.
matter of right?
 What is the difference between the duty of the court
No. The withdrawal of the plea of guilty is not a matter of to appoint counsel de oficio during arraignment and
strict right to the accused but is within the discretion of the during trial?
court. The reason for this is that trial has already
commenced; withdrawal of the plea will change the theory of During arraignment, the court has the affirmative duty to
the case and will put all of the past proceedings to waste. inform the accused of his right to counsel and to provide him
Therefore, it may only be withdrawn with permission of the with one in case he cannot afford it. The court must act on
court. its own volition, unless the right is waived by the accused.

Moreover, there is a presumption that the plea was made

voluntarily. The court must decide whether the consent of the
accused was, in fact, vitiated when he entered his plea.
 22
On the other hand, during trial, it is the accused who must
assert his right to counsel. The court will not act unless the  What is the right to modes of discovery?
accused invokes his rights.
It is the right of the accused to move for the production or
 Can a non-lawyer represent the accused during inspection or material evidence in the possession of the
arraignment? prosecution. It authorizes the defense to inspect, copy, or
photograph any evidence of the prosecution in its possession
No. During arraignment, it is the obligation of the court to after obtaining permission of the court.
ensure that the accused is represented by a lawyer because it
is the first time when the accused is informed of the nature  What is the purpose of this right?
and cause of the accusation against him. This is a task which
only a lawyer can do. The purpose is to prevent surprise to the accused and the
suppression or alteration of evidence.
But during trial, there is no such duty. The accused must ask
for a lawyer, or else, the right is deemed waived. He can  Is this right available during preliminary
even defend himself personally. investigation?
 May an accused be validly represented by a non- Yes, when indispensable to protect his constitutional right to
lawyer at the trial? life, liberty, and property. (Webb v. de Leon)

If the accused knowingly engaged the services of the non-  What are the grounds for suspending arraignment?
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
1. If the accused appears to be suffering from an
judgment is void because of the misrepresentation. unsound mental condition, which renders him unable
to fully understand the charge against him and to
 What are the duties of the pubic attorney if the plead intelligently thereto. The court should order
accused assigned to him is imprisoned? his mental examination and his confinement, if
necessary.
1. He shall promptly undertake to obtain the presence 2. If there exists a prejudicial question.
of the prisoner for trial, or cause a notice to be 3. If a petition for review of the resolution of the
served on the person having custody of the prisoner, prosecutor is pending either at the DOJ or the Office
requiring such person to advise the prisoner of his of the President. However, the period of suspension
right to demand trial. shall not exceed 60 days counted from the filing of
2. Upon receipt of that notice, the person having the petition for review.
custody of the prisoner shall promptly advise the
prisoner of the charge and of his right to demand  What is the test to determine whether the insanity of
trial. It at anytime thereafter, the prisoner informs
the accused should warrant the suspension of the
his custodian that he demands such trial, the latter proceedings?
shall cause notice to that effect to be sent promptly
to the public attorney. The test is whether the accused will have a fair trial with the
3. Upon receipt of such notice, the public attorney shall
assistance of counsel, in spite of his insanity. Not every
promptly seek to obtain the presence of the prisoner aberration of the mind or exhibition of mental deficiency is
for trial.
sufficient to justify suspension.
4. When the person having custody of the prisoner
receives from the public attorney a properly
RULE 117 MOTION TO QUASH
supported request for the availability of the prisoner
for purposes of the trial, the prisoner shall be made
 When can the accused file a motion to quash?
available accordingly.
At any time before entering his plea, the accused may move
 What is a bill of particulars?
to quash the complaint or information.
It is a more specific allegation. A defendant in a criminal case  What is the form required for a motion to quash?
who believes or feels that he is not sufficiently informed of
the crime with which he is charged and not in a position to
1. It must be in writing.
defend himself properly and adequately could move for a bill
2. It must be signed by the accused or his counsel.
or particulars or specifications.
3. It must specify its factual and legal grounds.
 What is the purpose of a bill of particulars?
 Can the court dismiss the case based on grounds that
are not alleged in the motion to quash?
It is to allow the accused to prepare for his defense.
As a general rule, no. The court cannot consider any ground
 When can the accused move for a bill of particulars?
other than those stated in the motion to quash. The
exception is lack of jurisdiction over the offense charged. If
The accused must move for a bill of particulars before this is the ground for dismissing the case, it need not be
arraignment. Otherwise, the right is deemed waived.
alleged in the motion to quash since it goes into the very
competence of the court to pass upon the case.
 What should be contained in the motion for a bill or
particulars?  What are the grounds that the accused may invoke to
quash a complaint or information?
It should specify the alleged defects of the complaint or
information and the details desired.
1. That the facts charged do not constitute an offense;
 23
2. That the court trying the case has no jurisdiction
over the offense charged;  What happens if the defendant enters his plea before
3. That the court trying the case has no jurisdiction filing a motion to quash?
over the person of the accused;
4. That the officer who filed the information had no By entering his plea before filing the motion to quash, the
authority to do so; defendant waives FORMAL objections to the complaint or
5. That it does not conform substantially to the information.
prescribed form;
6. That more than one offense is charged except when But if the ground for the motion is any of the following, there
a single punishment for various offenses is is no waiver. The ground may be raised at any stage of the
prescribed by law (duplicitous); proceeding:
7. That the criminal action or liability has been
extinguished; 1. failure to charge an offense
8. That it contains averments which, if true, would 2. lack of jurisdiction over the offense
constitute a legal excuse or justification; 3. extinction of criminal liability
9. That the accused has been previously convicted or 4. double jeopardy
acquitted of the offense charged, or the case against
him was dismissed or otherwise terminated without  How is criminal liability extinguished?
his express consent. (double jeopardy)
Under Article 89 of the RPC, criminal liability is extinguished
 X filed a motion to quash an information on the
by:
ground that he was in the US when the crime charged
was committed. Should the motion be granted? 1. death of the convict, and as to pecuniary penalties,
liability therefor is extinguished only when the death
The motion should be denied. The accused is already making of the offender occurs before final judgment;
a defense. Matters of defense are generally not a ground for 2. service of sentence;
a motion to quash. They should be presented at the trial. 3. amnesty;
4. absolute pardon;
 What is meant by the statement that “a motion to 5. prescription of the crime;
quash hypothetically admits allegations of fact in the 6. prescription of the penalty;
information”? 7. marriage of the offended woman, as provided in
Article 344 of the RPC.
It means that the accused argues that assuming that the
facts charged are true, the information should still be  X and Y were charged with adultery. While the case
dismissed based on the ground invoked by the defendant. was being tried, X died. What happens to the criminal
Therefore, since the defendant assumes that the facts in the liability of X and Y?
information are true, only these facts should be taken into
account when the court resolves the motion to quash. Other The criminal liability of X is extinguished. The criminal liability
facts, such as matters of defense, which are not in the of Y subsists. The death of one of several accused will not be
information should not be considered. Exceptions to this rule a cause for dismissal of the criminal action as against the
are when the grounds invoked to quash the information are other accused.
extinction of criminal liability, prescription, and former
jeopardy. In these cases, additional facts are allowed.  What is the effect of the death of the offended party
on the criminal liability of the accused?
 Can the accused move to quash on the ground that
he was denied due process? Where the offense charged in a criminal complaint or
information is one against the state, involving peace and
No. Denial of due process is not one of the grounds for a order, the death of the offended party before final conviction
motion to quash. of the defendant will not abate the prosecution. Neither does
the death of the offended party in private crimes abate the
 X filed a motion to quash on the following grounds: prosecution.
that the court lacked jurisdiction over the person of the
accused and that the complaint charged more than one  What are the means by which criminal liability is
offense. Can the court grant the motion on the ground partially extinguished?
of lack of jurisdiction over the person of the accused?
1. Conditional pardon
No. A motion to quash on the ground of lack of jurisdiction 2. Commutation of sentence
over the person of the accused must be based only on this 3. For good conduct, allowances which the culprit may
ground. If other grounds are included, there is a waiver, and earn while he is serving his sentence
the accused is deemed to have submitted himself to the
jurisdiction of the court.  What are the distinctions between pardon and
amnesty?
 What is the effect of an information that was signed
by an unauthorized person? AMNESTY PARDON
TYPE OF OFFENSE Political offenses Infractions of the
It is a VALID information signed by a competent officer which,
peace (common
among other requisites, confers jurisdiction over the person
crimes)
of the accused and the subject matter of the accusation.
BENEFICIARY Classes of An individual
Thus, an infirmity in the information such as lack of authority
persons
of the officer signing it cannot be cured by silence,
CONCURRENCE OF Necessary Not necessary
acquiescence, express consent, or even amendment.
CONGRESS
 24
ACCEPTANCE Beneficiary need Need for distinct Punishable by other
not accept acts of acceptance afflictive penalties 10 years
on the part of the Punishable by arresto 5 years
pardonee mayor
JUDICIAL NOTICE Courts take Courts do not take Libel or other similar 2 years
judicial notice judicial notice offenses
because it is a because it is a Oral defamation and 6 months
public act private act of the slander by deed
President. Light offenses 2 months
Therefore, it must
be proved in court.  Can the accused still raise prescription as a defense
EFFECT Abolishes the Relieves the
even after conviction? Can the defense of prescription
offense (looks offender from the
be waived?
backward) consequences of
the offense (looks
The accused can still raise prescription as a defense even
forward)
after conviction. The defense cannot be waived. This is
WHEN IT MAY BE Before or after Only after because the criminal action is totally extinguished by the
GRANTED prosecution conviction by final expiration of the prescriptive period. The State thereby loses
judgment or waives its right to prosecute and punish it.

 What is the effect of absolute pardon upon criminal  What is the proper action of the court when the
liability? accused raises the defense of prescription?

Absolute pardon blots out the crime. It removes all The proper action for the court is to exercise its jurisdiction
disabilities resulting from the conviction, such as the political and to decide the case upon the merits, holding the action to
rights of the accused. have prescribed and absolving the defendant. The court
should not inhibit itself because it does not lose jurisdiction
 What is the effect of pardon by the offended party over the subject matter or the person of the accused by
upon criminal liability? prescription.

As a general rule, pardon by the offended party does not  What is the effect of prescription of the offense on
extinguish criminal liability. Only civil liability is extinguished the civil liability of the accused?
by express waiver of the offended party.
The extinction of the penal action does not carry with it the
However, pardon granted before the institution of the criminal extinction of the civil action to enforce civil liability arising
proceedings in cases of adultery, concubinage, seduction, from the offense charged, unless the extinction proceeds from
abduction, and acts of lasciviousness shall extinguish criminal a declaration in a final judgment that the fact from which the
liability. civil liability might arise did not exist.

 What is the effect of marriage of the offender with  What should the court do if the accused moves to
the offended party in private crimes? quash the complaint or information on grounds that
can be cured by amendment (ex: duplicitous)?
It shall extinguish the criminal action or remit the penalty
already imposed. This applies even to co-principals, The court should order that the amendment be made.
accomplices, and accessories.
 What should the court do if the accused moves to
However, where multiple rape is committed, marriage of the
quash on the ground that the facts charged do not
offended party with one defendant extinguishes the latter’s constitute an offense?
liability and that of his accessories or accomplices for a single
crime of rape cannot extend to the other acts of rape. The court should give the prosecution the opportunity to
correct the defect by amendment. If the prosecution fails to
 If the offender in rape is the legal husband of the make the amendment, or if, after it makes the amendment,
offended party, how can the husband’s criminal liability the complaint or information still suffers from the same
be extinguished? defect, the court should grant/sustain the motion to quash.

The subsequent forgiveness by the wife shall extinguish the  What is the effect if a motion to quash is sustained?
criminal action or the penalty. But the penalty shall not be
abated if the marriage is void ab initio. The court may order that another complaint or information be
filed against the accused for the same offense, except if the
 Why is prescription a ground for a motion to quash? ground for sustaining the motion to quash is either:

This is meant to exhort the prosecution not to delay; 1. extinguishment of the criminal liability of the
otherwise, they will lose the right to prosecute. It is also accused, or
meant to secure the best evidence that can be obtained. 2. double jeopardy.

 What are the prescriptive periods of crimes? The grant of a motion to quash on these two grounds is a bar
to another prosecution for the same offense.
OFFENSE PRESCRIPTIVE PERIOD
Punishable by death, 20 years If the order is made, the accused, if in custody, shall not be
reclusion perpetua, or discharged unless admitted to bail.
reclusion temporal
 25
If no order is made, or if no new information was filed within
the time specified by the court, the accused, if in custody, the prosecution filed a corrected information. Can X
shall be discharged. plead double jeopardy?

 What is the remedy of the accused if the court denies No. The first jeopardy did not attach because the first
his motion to quash? information was not valid.

The accused cannot appeal an order overruling his motion to  X was charged with theft. During the trial, the
quash. This is because an order denying a motion to quash is prosecution was able to prove estafa. X was acquitted
interlocutory; it does not dispose of the case upon its merits. of theft. Can X be prosecuted for estafa later without
The accused should go to trial and raise it as an error on placing him in double jeopardy?
appeal later.
Yes. For jeopardy to attach, the basis is the crime charged in
 What are the two kinds of jeopardy? the complaint or information, and not the one proved at the
trial. In this case, the crime charged in the first information
1. No person shall be twice put in jeopardy for the was theft. X was therefore placed in jeopardy of being
same offense. convicted of theft. Since estafa is not an offense which is
included or necessarily includes theft, X can still be
2. When an act is punished by a law and an ordinance, prosecuted for estafa without placing him in double jeopardy.
conviction or acquittal under either shall constitute a
bar to another prosecution for the same act.  The estafa case against X was dismissed, but the
dismissal contained a reservation of the right to file
 What are the requisites for the accused to raise the another action. Can another estafa case be filed
defense of double jeopardy? against X without placing him in double jeopardy?

To raise the defense of double jeopardy, the following Yes. To raise the defense of double jeopardy, the firs
requisites must be present: jeopardy must have been validly terminated. This means that
there must have been either a conviction or an acquittal, or
1. a first jeopardy must have attached prior to the an unconditional dismissal of the case. A provisional
second; dismissal, such as this one, does not validly terminate the
2. the first jeopardy must have been validly first jeopardy.
terminated;
3. the second jeopardy must be for the same Note, however, that in the second kind of jeopardy (one act
offense or the second offense includes or is punished by a law and an ordinance), the first jeopardy can
necessarily included in the offense charged in the only be terminated either by conviction or acquittal, and not
first information, or is an attempt or a frustration by dismissal of the case without the express consent of the
thereof. accused.

 What are the requisites for the first jeopardy to  X was charged with theft. On the day of the trial, the
attach? prosecution could not go to trial because important
witnesses were unable to appear. Counsel for the
1. Valid complaint or information accused moved to dismiss the case. The court
2. Court of competent jurisdiction dismissed the case provisionally. Subsequently, X was
3. Arraignment charged with theft again. Can X invoke double
4. Valid plea jeopardy?
5. The defendant was acquitted, convicted, or the case
was dismissed without his express consent. No. The case was dismissed upon motion of counsel for the
accused, so it was not dismissed without his express consent.
 A crime was committed in Makati. The case was Moreover, the dismissal was only provisional, which is not a
filed in Pasay. When the prosecution realized that the valid termination of the first jeopardy. In order to validly
complaint should have been filed in Makati, it filed the terminate the first jeopardy, the dismissal must have been
case in Makati. Can the accused invoke double unconditional.
jeopardy?
 X was charged with slight physical injuries. On his
No. The court in Pasay had no jurisdiction; therefore, the motion, the case was dismissed during the trial.
accused was in no danger of being placed in jeopardy. The Another case for assault upon a person in authority
first jeopardy did not validly attach. was filed against him. Can X invoke double jeopardy?

 For purposes of double jeopardy, when is a complaint No. The first jeopardy was not terminated through either
or information valid? conviction, acquittal, or dismissal without the express consent
of X. The first case was dismissed upon motion of X himself.
A complaint or information is valid if it can support a Therefore, he cannot invoke double jeopardy.
judgment of conviction. It the complaint or information is not
valid, it would violate the right of the accused to be informed  X was charged with theft. During trial, the evidence
of the nature and cause of the accusation against him. If he showed that the offense committed was actually
is convicted under this complaint or information, the estafa. What should the judge do?
conviction is null and void. If the conviction is null and void,
there can be no first jeopardy. The judge should order the substitution of the complaint for
theft with a new one charging estafa. Upon filing of the
 X was charged with qualified theft. X moved to substituted complaint, the judge should dismiss the original
dismiss on the ground of insufficiency of the complaint.
information. The case was dismissed. Subsequently,
 26
If it appears at any time before judgment that a mistake has estopped from claiming that there was a first
been made in charging the proper offense, the court shall jeopardy).
dismiss the original complaint or information upon the filing of
a new one charging the proper offense.  When will dismissal or termination of the first case
not bar a second jeopardy?
 What are the requisites for a valid substitution of a
complaint or information? The conditions when dismissal or termination will not place
the accused in double jeopardy are:
1. No judgment has been rendered;
2. The accused cannot be convicted of the offense 1. The dismissal must be sought by the defendant
charged or any other offense necessarily included in personally or through his counsel; and
the offense charged; 2. Such dismissal must not be on the merits and must
3. The accused will not be placed in double jeopardy. not necessarily amount to an acquittal.

 X was charged with homicide. On the first day of  Before the prosecution could finish presenting its
trial, the prosecution failed to appear. The court evidence, the accused filed a demurrer to evidence.
dismissed the case on the ground of violation of the The court granted the motion and dismissed the case
right of the accused to speedy trial. X was later on the ground of insufficiency of evidence of the
charged with murder. Can X invoke double jeopardy? prosecution. Can the accused be prosecuted for the
same offense again?
No. The first jeopardy was not validly terminated. The judge
who dismissed the case on the ground of violation of the right Yes. There was no double jeopardy because the court
of X to speedy trial committed grave abuse of discretion in exceeded its jurisdiction in dismissing the case even before
dismissing the case after the prosecution failed to appear the prosecution could finish presenting evidence. It denied
once. This is not a valid dismissal because it deprives the the prosecution of its right to due process. Because of this,
prosecution of due process. When the judge gravely abuses the dismissal is null and void and cannot constitute a proper
his discretion in dismissing a case, the dismissal is not valid. basis for a claim of double jeopardy.
Therefore, X cannot invoke double jeopardy.
 The prosecutor filed an information against X for
 Distinguish between dismissal and acquittal. homicide. Before X could be arraigned, the prosecutor
withdrew the information, without notice to X. The
Acquittal is always based on the merits. The accused is prosecutor then filed an information against X for
acquitted because the evidence does not show his guilt murder. Can X invoke double jeopardy?
beyond reasonable doubt. Dismissal does not decide the case
on the merits, nor does it determine that the accused is not No. X has not yet been arraigned under the first information.
guilty. Dismissals terminate the proceedings, either because Therefore, the first jeopardy did not attach. A nolle prosequi
the court is not a court of competent jurisdiction or the or dismissal entered before the accused is placed on trial and
evidence does not show that the offense was committed before he pleads is not equivalent to an acquittal and does
within the territorial jurisdiction of the court, or the complaint not bar a subsequent prosecution for the same offense.
or information is not valid or sufficient in form and substance.
 If the accused fails to object to the motion to dismiss
 When is a dismissal of the case, even with the the case filed by the prosecution, is he deemed to have
express consent of the accused, equivalent to an consented to the dismissal? Can he still invoke double
acquittal, which would constitute a bar to a second jeopardy?
jeopardy? When is it not a bar to a second jeopardy?
No. Silence does not mean consent to the dismissal. If the
A dismissal upon motion of the accused or his counsel accused fails to object or acquiesces to the dismissal of the
negates the application of double jeopardy because the case, he can still invoke double jeopardy, since the dismissal
motion of the accused amounts to express consent, EXCEPT: was still without his express consent. He is deemed to have
waived his right against double jeopardy if he expressly
1. if the ground is insufficiency of evidence of the consents to the dismissal.
prosecution (demurrer to evidence), or
2. denial of the right to speedy trial.  X was charged with murder. The prosecution moved
to dismiss the case. Counsel for X wrote the words “No
In these two cases, even upon motion of the accused, the objection” at the bottom of the motion to dismiss and
dismissal amounts to an acquittal and would bar a second signed it. Can X invoke double jeopardy later on?
jeopardy.
No. X is deemed to have expressly consented to the
But if the accused moves to dismiss on the following grounds, dismissal of the case when his counsel wrote “No objection at
he can still be prosecuted for the same offense because he is the bottom of the motion to dismiss. Since the case was
deemed to have waived his right against a second jeopardy: dismissed with his express consent, X cannot invoke double
jeopardy.
1. Lack of jurisdiction (Why? Because if you move to
dismiss on the ground of lack of jurisdiction, it  X was charged with murder. After the prosecution
means that you could not have been validly presented its evidence, X filed a motion to dismiss on
convicted by that court. You are later estopped from
the ground that the prosecution failed to prove that the
claiming that you were in danger of conviction). crime was committed within the territorial jurisdiction
2. Insufficiency of complaint or information (Same
of the court. The court dismissed the case. The
reason. You could not have been validly convicted prosecution appealed. Can X invoke double jeopardy?
under that defective information, so you are
 27
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 Possession of a shotgun and a revolver by the same person at
deemed to have waived his right against double jeopardy. the same time is only one act of possession, so there is only
The only time when a dismissal, even upon motion of the one violation of the law.
accuse, will bar a second jeopardy is if it is based either on
insufficiency of evidence or denial of the right of the accused Conviction for smoking opium bars prosecution for illegal
to speedy trial. These are not the grounds invoked by X, so possession of the pipe. He cannot smoke the opium without
he cannot claim double jeopardy. the pipe.

 X was charged with homicide. X moved to dismiss on Theft of 13 cows at the same time and in the same place is
the ground that the court had no jurisdiction. Believing only one act of theft.
that it had no jurisdiction, the judge dismissed the
case. Since the court, in fact, had jurisdiction over the Conviction for less serious physical injuries bars prosecution
case, the prosecution filed another case in the same for assault upon a person in authority.
court. Can X invoke double jeopardy?
Reckless imprudence resulting in damage to property and
No. X is estopped from claiming that he was in danger of serious or less serious physical injuries is only one offense. If
being convicted during the first case, since he had himself it is slight physical injuries, it can be broken down into two
earlier alleged that the court had no jurisdiction. offenses, since a light offense cannot be complexed.

 X was charged with homicide. The court, believing  X installed a jumper cable which allowed him to
that it had no jurisdiction, motu propio dismissed the reduce his electricity bill. He was prosecuted for
case. The prosecution appealed, claiming that the violating a municipal ordinance against unauthorized
court, in fact, had jurisdiction. Can X invoke double installation of the device. He was convicted. Can he
jeopardy? still be prosecuted for theft?

Yes. When the trial court has jurisdiction but mistakenly No. Under the second type of jeopardy, when an act is
dismisses the complaint or information on the ground of lack punished by a law and an ordinance, conviction or acquittal
of it, and the dismissal was not at the request of the accused, under once will bar a prosecution under the other. (But
the dismissal is not appealable because it will place the remember, that there has to be either conviction or acquittal.
accused in double jeopardy. Dismissal without the express consent of the accused is not
sufficient).
 X was charged with rape. X moved to dismiss on the
ground that the complaint was insufficient because it  What are the exceptions to double jeopardy? When
did not allege lewd designs. The court dismissed the can the accused be charged with a second offense
case. Later, another case for rape was filed against X. which necessarily includes the offense charged in the
Can X invoke double jeopardy? former complaint or information?

No. Like the previous problem, X is estopped from claiming The conviction of the accused shall not be a bar to another
that he could have been convicted under the first complaint. prosecution for an offense which necessarily includes the
He himself moved to dismiss on the ground that the offense charged in the former complaint or information under
complaint was insufficient. He cannot change his position and any of the following circumstances:
now claim that he was in danger of being convicted under
that complaint. 1. the graver offense developed due to supervening
facts arising from the same act or omission
 X was charged with murder, along with three other constituting the former charge;
people. X was discharged as a state witness. Can X be 2. the facts constituting the graver charge became
prosecuted again for the same offense? known or were discovered only after a plea was
entered in the former complaint or information;
It depends. As a general rule, an order discharging an 3. the plea of guilty to the lesser offense was
accused as a state witness amounts to an acquittal, and he is made without the consent of the prosecutor and
barred from being prosecuted again for the same offense. the offended party except if the offended party fails
However, if he fails or refuses to testify against his co-accused to appear at the arraignment.
in accordance with his sworn statement constituting the basis
for the discharge, he can be prosecuted again.  What is the doctrine of supervening fact?

 Can a person accused of estafa be charged with If, after the first prosecution, a new fact supervenes on which
violation of BP22 without placing him in double the defendant may be held liable, altering the character of the
jeopardy? crime and giving rise to a new and distinct offense, the
accused cannot be said to be in second jeopardy if indicted
Yes. Where two different laws define two crimes, prior for the new offense.
jeopardy as to one of the is no obstacle to a prosecution of
the other although both offenses arise from the same facts, if  X was charged with frustrated homicide. There was
each crime involves some important act which is not an nothing to indicated that the victim was going to die. X
essential element of the other. Other examples: Illegal was arraigned. Before trial, the victim dies. Can X be
recruitment and estafa, illegal fishing and illegal possession of charged with homicide?
explosives, alarm and scandal and illegal discharge of
firearms, brigandage and illegal possession of firearms, It depends. If the death of the victim can be traced to the
consented abduction and qualified seduction. acts of X, and the victim did not contribute to his death with
his negligence, X can be charged with homicide. This is a
But take note of the following:
 28
supervening fact. But if the act of X was not the proximate
cause of death, he cannot be charged with homicide.
The provisional dismissal of offenses punishable by
 X was charged with reckless imprudence resulting in imprisonment exceeding 6 years or a fine of any amount shall
homicide and was acquitted. The heirs of the victim become permanent after 1 year without the case having been
appealed the civil aspect of the judgment. X claims that revived.
the appeal will place him in double jeopardy. Is X
correct? For offenses punishable by imprisonment of more than 6
years, the provisional dismissal shall become permanent after
No. There was no second jeopardy. What was elevated on 2 years without the case having been revived.
appeal was the civil aspect of the case, not the criminal
aspect. The extinction of criminal liability whether by After the provisional dismissal becomes final, the accused
prescription or by the bar of double jeopardy does not carry cannot be prosecuted anymore.
with it the extinction of civil liability arising from the offense
charged. RULE 118 PRE-TRIAL

 X was charged with murder and was acquitted. Can  When is pre-trial required?
the prosecution appeal the acquittal?
Pre-trial is mandatory in all criminal cases cognizable by the
No. The prosecution cannot appeal the acquittal, since it Sandiganbayan, RTC, MTCs and Municipal Circuit Trial Courts.
would place the accused in double jeopardy.
 When should it be conducted?
Even if the decision of acquittal was erroneous, the After arraignment and within 30 days from the date the court
prosecution still cannot appeal the decision. It would still acquires jurisdiction over the person of the accused.
place the accused in double jeopardy.
 What happens during pre-trial?
 When can the prosecution appeal despite the
dismissal or termination of the case? The following things are considered:

As a general rule, the dismissal or termination of the case 1. plea bargaining

after arraignment and plea of the defendant to a valid 2. stipulation of facts
information shall be a bar to another prosecution for the same 3. marking for identification of evidence of the parties
offense, an attempt or frustration thereof, or one included or 4. waiver of objections to admissibility of evidence
which includes the previous offense. The exceptions are: 5. modification of the order of trial if the accused
admits the charge but interposes a lawful defense
1. if the dismissal of the first case was made upon 6. other matters that will promote a fair and
motion or with the express consent of the defendant, expeditious trial of the criminal and civil aspects of
unless the grounds are insufficiency of evidence or the case
denial of the right to speedy trial;
2. if the dismissal is not an acquittal or based upon  What is the form required for the pre-trial
consideration of the evidence or of the merits of the agreement?
case; and
3. the question to be passed upon by the appellate Any agreement or admission entered into during the pre-trial
court is purely legal so that should the dismissal be conference should be:
found incorrect, the case would have to be remanded
to the court of origin for further proceedings to 1. in writing
determine the guilt or innocence of the accused. 2. signed by the accused
3. signed by counsel
 What is the effect of the appeal by the accused?
Otherwise, it cannot be used against the accused.
If the accused appeals, he waives his right against double
jeopardy. The case is thrown wide open for review and a  What is a pre-trial order?
penalty higher than that of the original conviction could be
imposed upon him. It is an order issued by the court after the pre-trial
conference containing:
 What should the accused do if the court denies the
motion to quash on the ground of double jeopardy? 1. a recital of the actions taken,
2. the facts stipulated, and
He should plead not guilty and reiterate his defense of former 3. the evidence marked.
jeopardy. In case of conviction, he should appeal from the
judgment, on the ground of double jeopardy. The pre-trial order binds the parties, limits the trial to matters
not disposed of, and controls the course of the action during
 When can a case be provisionally dismissed? the trial, unless modified by the court to prevent manifest
injustice.
A case can only be dismissed provisionally if the accused
expressly consents, and with notice to the offended party.  What is plea bargaining? Why is it encouraged?
Provisional dismissal does not place the accused in double
jeopardy. But, ff the accused objects to the provisional It is the disposition of criminal charges by agreement
dismissal, a revival of the case would place him in double between the prosecution and the accused. It is encouraged
jeopardy. because it leads to prompt and final disposition of most
criminal cases. It shortens the time between charge and
 When does the provisional dismissal become final?
 29
disposition and enhances whatever may be the rehabilitative
prospects of the guilty when they are ultimately imprisoned. date the time limitation would commence to run as
to the subsequent charge, had there been no
 When is plea bargaining not allowed? previous charge. (say what?)
5. A reasonable period of delay when the accused is
It is not allowed under the Dangerous Drugs Act where the joined for trial with a co-accused over whom
imposable penalty is reclusion perpetua to death. the court has not acquired jurisdiction, or as to
whom the time for trial has not run and not
RULE 119 TRIAL motion for separate trial has been granted.
6. Any period of delay from a continuance granted by
 How much time does the accused have to prepare for any court motu propio, or on motion of either the
trial? accused or his counsel, or the prosecution, if the
court granted it on the basis of finding that the ends
After he enters his plea of not guilty, the accused shall have of justice served by taking such action outweigh the
at least 15 days to prepare for trial. The trial shall commence best interest of the public and the accused in a
within 30 days from receipt of the pre-trial order. speedy trial.

 How long should the trial last?  What are examples of other proceedings concerning
the accused which should be excluded from the
The entire trial period should not exceed 180 days from the computation of time?
first day of trial, except if authorized by the Supreme Court.
1. Delay resulting from an examination of the
 What are the duties of the presiding judge under the physical and mental condition of the accused;
continuous trial system? 2. Delay resulting from proceedings with respect to
other criminal charges against the accused;
The judge should: 3. Delay resulting from extraordinary remedies
against interlocutory orders;
1. adhere faithfully to the session hours prescribed by 4. Delay resulting from pre-trial proceedings,
laws; provided that the delay does not exceed 30 days;
2. maintain full control of the proceedings; 5. Delay resulting from orders of inhibition, or
3. efficiently allocate and use time and court resources proceedings relating to change of venue of
to avoid court delays. cases or transfer from other courts;
6. Delay resulting from a finding of the existence of a
 In which cases is the time limitation not applicable? prejudicial question
7. Delay reasonably attributable to any period not to
1. Criminal cases covered by the Rule on Summary exceed 30 days during which any proceeding
Procedure or those where the penalty does not concerning the accused is actually under
exceed 6 months imprisonment or a fine of P1,000: advisement.
governed by the Rules on 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 When his whereabouts are unknown or cannot be determined
days from the date of arraignment, and cannot be with due diligence.
postponed except on grounds of illness of the
accused or other grounds over which the accused  When is an essential witness considered unavailable?
has no control
3. Child abuse cases: trial shall commence within 3 When his whereabouts are known but his presence at the trial
days from arraignment and cannot be postponed cannot be obtained with due diligence.
except on grounds of illness of the accused or other
grounds beyond his control  What are the factors for granting a
4. Violations of Dangerous Drugs Law: trial shall be continuance/postponement?
finished within 3 months from filing of the
information. 1. Whether or not the failure to grant a continuance in
5. Kidnapping, Robbery in a band, Robbery against a the proceeding would likely make a continuation of
Banking or Financial Institution, Violation of the such proceeding impossible or result in a miscarriage
Carnapping Act, and other heinous crimes: trial shall of justice; and
be finished within 60 days from the first day of trial. 2. Whether or not the case taken as a whole is so
novel, unusual, and complex, due to the number of
 What are the periods that should be excluded in accused or the nature of the prosecution, or that it is
computing the time within which trial must commence? unreasonable to expect adequate preparation within
the periods of time established therein.
1. Any period of delay resulting from other
proceedings concerning the accused No continuance shall be granted because of congestion of
2. Any period resulting from the absence or the court’s calendar or lack of diligent preparation or
unavailability of an essential witness. failure to obtain available witnesses on the part of the
3. Any period of delay resulting from mental prosecutor.
incompetence or physical inability of the accused
to stand trial.  Is the grant of a motion for continuance or
4. If the information is dismissed upon motion of the postponement a matter of right?
prosecution and thereafter a charge is filed against
the accused for the same offense, any period of No. It is a matter of discretion on the part of the court.
delay from the date the charge was dismissed to the
 30
 What are the public attorney’s duties where his client interpose the negative defense that he had a license to carry
is being preventively detained? the firearm. He cannot be compelled by the prosecution to
present the license. It is the duty of the prosecution to prove
1. He shall promptly undertake to obtain the presence the absence of the license, which is an essential element of
of the prisoner for trial, or cause a notice to be the offense charged.
served on the person having custody of the prisoner,
requiring such person to advise the prisoner of his On the other hand, in an affirmative defense, the accused
right to demand trial. admits the act or omission charged, but interposes a defense,
2. Upon receipt of that notice, the person having which if proven, would exculpate him. For example, the
custody of the prisoner shall promptly advise the accused admits killing the victim, but he claims that he did it
prisoner of the charge and of his right to demand in self-defense. In this case, the burden of proving the
trial. It at anytime thereafter, the prisoner informs elements of self-defense belong to the accused. There will be
his custodian that he demands such trial, the latter a reverse trial in which the accused will prove the elements of
shall cause notice to that effect to be sent promptly self-defense. This is because the accused admits the act or
to the public attorney. omission already. The prosecution need not prove it
anymore. The accused must now present evidence to justify
3. Upon receipt of such notice, the public attorney shall the commission of the act.
promptly seek to obtain the presence of the prisoner
for trial.  Who may examine a defense witness? Who may
4. When the person having custody of the prisoner examine a prosecution witness?
receives from the public attorney a properly
supported request for the availability of the prisoner A defense witness may be examined by any judge or by any
for purposes of the trial, the prisoner shall be made member of the bar in good standing designated by the
available accordingly. judge, or before an inferior court.

 If the accused is not brought to trial within the time On the other hand, a prosecution witness may only be
limit required, what is the remedy? examined before the judge of the court where the case is
pending.
The accused should move to dismiss the information of the
ground of denial of his right to speedy trial. He shall have the  If there are two or more accused, should they be
burden of proving the motion, but the prosecution shall have tried jointly or separately?
the burden or proving that the delay was covered by the
allowed exclusions of time. If the complaint or information is As a general rule, when two or more accused are jointly
dismissed, the accused can plead double jeopardy to a charged with an offense, they should also be tried jointly.
subsequent prosecution. However, the court, in its discretion and upon motion of the
prosecutor or any accused, may order separate trial for
The accused must move to dismiss before actually going to one of the accused.
trial. Otherwise, it is a waiver of the right to dismiss.
 What happens to the evidence presented in the trial
 What is the order of trial? of the other accused if a separate trial is granted?

The trial proceeds in the following order: When a separate trial is demanded and granted, it is the duty
of the prosecution to repeat and produce all its evidence at
1. The prosecution shall present evidence to prove the each and every trial, unless it had been agreed by the parties
charge and civil liability, if proper. that the evidence for the prosecution would not have to be
2. the accused may present evidence to prove his repeated at the second trial and all the accused had been
defense and damages, if any, arising from the present during the presentation of the evidence of the
issuance of a provisional remedy in the case. prosecution and their attorney had the opportunity to cross-
3. The prosecution and the defense may, in that order, examine the witnesses for the prosecution.
present rebuttal and sur-rebuttal evidence, unless
the court, in furtherance of justice, permits them to  X, a public officer, was charged with malversation of
present additional evidence bearing upon the main public funds in conspiracy with Y, a civilian. Should
issue. they both be tried in the Sandiganbayan?
4. Upon admission of the evidence of the parties, the
case shall be deemed submitted for decision unless Yes. In case private individuals are charged as co-principals,
the court directs them to argue orally or to submit accomplices, or accessories with public officers, they shall be
written memoranda. tried jointly with said public officers in the proper courts which
shall exercise exclusive jurisdiction over them.
However, when the accused admits the act or omission
charged in the complaint or information, but interposes a  What is a state witness?
lawful defense, there will be a reverse trial.
A state witness is one of two or more persons jointly
 Distinguish between a negative defense and an charged with the commission of a crime but who is
affirmative defense. discharged with his consent as such accused so that he may
be a witness for the State.
A negative defense requires the prosecution to prove the guilt
of the accused beyond reasonable doubt. In a negative  When should the application for discharge of the
defense, the accused claims that one of the elements of the
state witness be made?
offense charged 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
 31
It should be made upon motion of the prosecution before
resting its case.
1. Evidence in support of the discharge become part of
 What is the procedure? the trial. But if the court denies the motion to
discharge, his sworn statement shall be inadmissible
1. Before resting its case, the prosecution should file a in evidence.
motion to discharge the accused as state witness 2. Discharge of the accused operates as an acquittal
with his consent. and bar to further prosecution for the same offense,
EXCEPT if he fails or refuses to testify against his co-
2. The court will require the prosecution to present accused in accordance with his sworn statement
evidence and the sworn statement of the proposed constituting the basis of the discharge. In this case,
state witness at a hearing in order to support the he can be prosecuted again AND his admission can
discharge. be used against him.

3. The court will determine if the requisites of giving  What happens if the court improperly or erroneously
the discharge are present. Evidence adduced in discharges an accused as state witness (ex. he has
support of the discharge shall automatically form been convicted pala of a crime involving moral
part of the trial. turpitude)?

4. If the court is satisfied, it will discharge the state The improper discharge will not render inadmissible his
witness. The discharge is equivalent to an acquittal, testimony nor detract from his competency as a witness. It
unless the witness later fails or refuses to testify. will also not invalidate his acquittal because the acquittal
becomes ineffective only if he fails or refuses to testify.
5. If the court denies the motion for discharge, his
sworn statement shall be inadmissible as evidence.  What happens when the original information under
which an accused was discharged is later amended?
 What are the requisites in order for a person to be
discharged as a state witness? A discharge under the original information is just as binding
upon the subsequent amended information, since the
1. There is absolute necessity for the testimony of amended information is just a continuation of the original.
the accused whose discharge is requested;
2. There is no direct evidence available for the  Can the other conspirators be convicted solely on the
proper prosecution of the offense committed, except basis of the testimony of the discharged state witness?
the testimony of the said accused;
3. The testimony of said accused can be substantially No. There must be other evidence to support his testimony.
corroborated in its material points; The testimony of a state witness comes from a polluted
4. Said accused does not appear to be the most source and must be received with caution. It should be
guilty; substantially corroborated in its material points.
5. Said accused has not at any time been convicted
of any offense involving moral turpitude. As an exception however, the testimony of a co-conspirator,
even if uncorroborated, will be considered sufficient if given in
 Can the court grant the discharge before the a straightforward manner and it contains details which could
prosecution has finished presenting all its evidence? not have been the result of deliberate afterthought.

No. The court should resolve any motion to discharge only  When can different offenses be tried jointly?
after the prosecution has presented all of its evidence since it
is at this time when the court can determine the presence of When the offenses are founded on the same facts or form
the requisites above. part of a series of offenses of similar character, the court has
the discretion to consolidate and try them jointly.
Although Chua v. CA (p. 703 of Herrera) says that the
prosecution is not required to present all its other evidence  What is a demurrer to evidence?
before an accused can be discharged. The accused may be
discharged at any time before the defendants have entered
It is a motion to dismiss the case filed by the defense after
upon their defense. the prosecution rests on the ground of insufficiency of the
evidence of the prosecution.
 What is the meaning of “absolute necessity” of the
testimony of the proposed state witness?  What are the ways by which a case may be dismissed
on the basis of insufficiency of evidence of the
It means that there is no other evidence to establish the
prosecution?
offense other than the testimony of the accused. For
example, where an offense is committed in conspiracy and
There are two ways:
clandestinely, the discharge of one of the conspirators is
necessary in order to provide direct evidence of the
1. the court may dismiss the case on its own initiative
commission of the crime. No one else other than one of the after giving the prosecution the right to be heard; or
conspirators can testify on what happened among them.
2. upon demurrer to evidence filed by the accused with
or without leave of court.
 What is the remedy of the prosecution if the court
denies the motion to discharge?  How do you file a demurrer to evidence with leave of
court?
The State can file a petition for certiorari.

 What are the effects of the discharge?

 32
Within 5 days after the prosecution rests, the accused should
file a motion for leave of court to file a demurrer to evidence. impose it upon an accused who is guilty of an offense
In the motion for leave of court, he should state his grounds. punishable with death?
The prosecution shall have 5 days within which to oppose the
motion. No. The judge must impose the proper penalty provided for
by the law, even if he is against it. If he refuses to do so, it is
If the leave of court is granted, the accused shall file the grave abuse of discretion amounting to lack of jurisdiction.
demurrer to evidence within 10 days from notice of the grant
of leave of court. The prosecution may oppose the demurrer  What are the contents of the judgment?
to evidence within 10 days from its receipt of the demurrer.
If the judgment is of conviction, it shall state the following:
 What is the effect of filing the demurrer to evidence
with leave of court? 1. the legal qualification of the offense constituted
by the acts committed by the accused and the
If the court grants it, the case is dismissed. aggravating and mitigating circumstances which
attended its commission;
If the court denies the demurrer to evidence filed with leave 2. the participation of the accused, whether as
of court, the accused may still adduce evidence in his principal, accomplice, or accessory;
defense. 3. the penalty imposed upon the accused;
4. the civil liability or damages, if any, unless the
 What is the effect of filing the demurrer to evidence enforcement of the civil liability has been reserved or
without leave of court? waived by the offended party.

If the court denies the demurrer to evidence without leave of If the judgment is of acquittal, the decision shall state:
court, the accused is deemed to have waived his right to
present evidence and submits the case for judgment on the 1. whether the evidence of the prosecution absolutely
basis of the evidence of the prosecution. This is because failed to prove the guilt of the accused or merely
demurrer to evidence is not a matter of right but is failed to prove it beyond reasonable doubt; and
discretionary on the court. You have to ask for its permission 2. if the act or omission from which the civil liability
before filing it, or else you lose certain rights. might arise did not exist.

 What is the remedy of the accused if the demurrer to  Is it necessary for the validity of the judgment that
evidence is denied? the decision be promulgated by the same judge who
heard the case?
As a general rule, there can be no appeal or certiorari from
the denial of the demurrer to evidence, since it is an No. A judgment promulgated by a judge other than the one
interlocutory order, which does not pass judgment on the who heard the case is valid, provided that the judge who
merits of the case. The codal says that there is no certiorari, rendered the judgment relied on the records taken during the
but J. Sabio says that if there was grave abuse of discretion, trial as a basis for his decision.
there can be certiorari.
 Why should the decision be in writing, setting fort
 When can a case be reopened? the facts and the law on which it is based?

At any time before finality of judgment of conviction, the 1. To inform the parties of the reason for the decision
judge may reopen the case either on his own volition or upon so if any of them appeals, he can point out to the
motion, with hearing in either case, in order to avoid a appellate court the findings of facts or the rulings on
miscarriage of justice. point of law with which he disagrees. Also, so that
the appellate court will have something to pass
The proceedings should be terminated within 30 days from judgment upon.
the order granting the reopening of the case. 2. To assure the parties that in reaching the judgment,
the judge did so through the process of legal
RULE 120 JUDGMENT reasoning.

 What is judgment?  Is a verbal judgment valid?

Judgment is the adjudication by the court that the accused is No. A verbal judgment is incomplete because it does not
guilty or not guilty of the offense charged and the imposition contain findings of fact, and it is not signed by the judge. It
on him of the proper penalty and civil liability, if any. may, however, be corrected by putting it in writing and
following the prescribed form. When it is put in writing, it
 What is the form required for the judgment? becomes a full blown judgment.

The judgment must:  Is an erroneous judgment valid?

1. be written in the official language, Yes. Error in judgment will not invalidate a decision, so long
2. personally and directly prepared by the judge, as it conforms with the requirements of the law.
3. signed by him, and
4. should contain clearly and distinctly a statement of  Is a judgment which imposes a penalty that does not
the facts and law upon which it is based. exist or one that is impossible valid?

 If the judge has very strong beliefs against the

imposition of the death penalty, can he refuse to
 33
The judgment is void. The error goes into the very essence of
the penalty and does not merely arise from the misapplication 3. In contracts and quasi-contracts, if the defendant
thereof. acted in a wanton, fraudulent, reckless, oppressive,
or malevolent manner.
 Does the judge need to designate the particular
provision of law violated?  What are the mandatory awards in case of rape
cases?
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 In rape cases, a civil indemnity of P50,000 is mandatory. An
provision of law. award of moral damages is also mandatory without need or
pleading or proof.
 Can the judge impose a penalty of reclusion perpetua
or a fine of P10,000? If it is qualified rape, the mandatory civil indemnity is
P75,000.
No. The judge cannot impose alternative penalties (using
OR). The penalty imposed must be definite. When the judge  What should the offended party prove do if he wants
imposes alternative penalties, giving the defendant the right to claim actual damages or loss of earning capacity?
to choose which one to serve, he gives discretion belonging to
the court to the accused. The offended party must show proof of the amount of the
pecuniary loss, such as receipts. However, if death results
 Can the judge impose a penalty of reclusion perpetua from the crime or the quasi-delict, the heirs need only to
and a fine of P10,000? prove the fact of death in order to claim actual or
compensatory damages.
Yes, because in this case, the penalty is definite (it uses AND
instead of OR).  Is there need for proof of pecuniary loss in order that
moral, nominal, temperate, liquidated, or exemplary
 What is the importance of using the proper damages may be adjudicated?
terminology in the imposition of imprisonment
penalties? No. Art. 2216 of the Civil Code provides that no proof is
needed. The assessment of the damage depends on the
The judge should use the proper legal terminology of the discretion of the court.
penalties since each penalty has its distinct accessory
penalties and effects.  May damages be increased on appeal?

 What is the remedy of the offended party if the Yes. An appeal opens the whole case for review by the
judgment fails to award civil liability? appellate court, and this includes the award of damages.

The offended party can appeal, go on certiorari, or file for  What are nominal damages?
mandamus.
Nominal damages are awarded in recognition of a violation of
 What constitutes civil liability arising from crime? a right of the plaintiff when no actual damage was done to
him.
Civil liability arising from crime includes actual damages,
moral damages, exemplary damages, and loss of earning  What is the civil liability of one who is guilty of illegal
capacity. possession of firearms?

 When may attorney’s fees be awarded? None.

Attorney’s fees may be awarded only when a separate civil  What is the effect of the failure of the accused to
action to recover civil liability has been filed or when object to a complaint or information that charges more
exemplary damages are awarded. The reason for this is that than one offense before he is arraigned?
there is no attorney in a criminal case, only a public
prosecutor, who is compensated by the government. The court may convict him of as many offenses as are
charged and proved and impose on him the penalty for each
 What is the difference between “damage” and offense. The court must set out separately the findings of
“damages”? fact and law in each offense.

Damage refers to the actionable loss resulting from another  When does an offense charged necessarily include
person’s act or omission. the offense proved?

On the other hand, damages refer to the sum of money which An offense charged necessarily includes an offense proved
can be awarded for the damage done. when some of the essential elements or ingredients of the
offense charged constitute the offense proved.
 When are exemplary damages awarded?
Example: Offense charged is homicide. Offense proved is
1. In criminal actions, when the crime was committed physical injuries.  Some of the essential elements of
with one or more aggravating circumstances. homicide constitute physical injuries. Therefore, the offense
2. In quasi-delicts, if the defendant acted with gross charged (homicide) necessarily includes the offense proved
negligence. (physical injuries).
 34
 When is an offense charged necessarily included in
the offense proved? The judgment is promulgated by reading it in its entirety in
the presence of the accused by any judge of the court in
An offense charged is necessarily included in the offense which it was rendered. When the judge is absent or outside
proved when the essential ingredients of the offense charged the province or city, the judgment may be promulgated by
constitute or form part of the elements constituting the the clerk of court.
offense proved.
 Can there be promulgation of judgment in the
Example: Offense charged is acts of lasciviousness. Offense absence of the accused?
proved is rape.  The essential ingredients of acts of
lasciviousness form part of the elements of rape. Therefore, Judgment must be promulgated in the presence of the
the offense charged (acts of lasciviousness) is necessarily accused. But if the conviction is for a light offense, judgment
included in the offense proved (rape). may be promulgated in the presence of his counsel or
representative. Also, if the accused fails to attend the
 What is the rule in case the offense charged is promulgation, even if he was notified thereof, or if he jumped
different from the offense proved? bail or escaped from prison, judgment may be validly
promulgated in absentia.
The accused can only be convicted of the lesser offense,
which is included in the graver offense either proved or  What happens if only the dispositive portion of the
charged. The reason for this is that the accused can only be judgment is read to the accused?
convicted of the offense which is both charged and proved.
The first jeopardy will not validly terminate. The judgment
Example: If the offense charged is rape and the offense must be promulgated in its entirety, not just the dispositive
proved is acts of lasciviousness, he can only be convicted of portion.
acts of lasciviousness. If the offense charged is less serious
physical injuries and the offense proved is serious physical  Where should judgment be promulgated if the
injuries, he can only be convicted of less serious physical accused is confined in a province outside of the
injuries. territorial jurisdiction of the court?

 X was charged with willful homicide. What was If the accused is confined or detained in another province or
proved was homicide through reckless imprudence. city, the judgment may be promulgated by the executive
Under which offense should X be convicted? judge of the RTC with jurisdiction over the place of
confinement upon request of the court that rendered the
X should be convicted of homicide through reckless decision. The court promulgating the judgment can also
imprudence. The offense done through negligence is lesser accept notices of appeal and applications for bail, unless the
than the one done willfully. court that rendered the decision changed the nature of the
offense from non-bailable to bailable, in which case, the
 X was charged with rape by force and intimidation. application for bail can only be filed with the appellate court.
At the trial, it was proved that X raped a mental
retardate. Can X be convicted or rape of a mental  What happens if the accused fails to appear on the
retardate? date of promulgation of judgment despite notice?

There are conflicting decisions: The promulgation shall be made by recording the judgment in
the criminal docket and serving the accused a copy thereof at
People v. Abiera says that the accused charged with rape his last known address or through his counsel.
through one mode of commission may still be convicted of the
crime if the evidence shows another mode of commission, If the judgment is of conviction, the accused who fails to
provided that the accused did not object to such evidence. appear at the promulgation shall lose the remedies available
to him against the judgment, and the court shall order his
People v. Padilla says that the accused cannot be convicted of arrest.
rape of a mental retardate if it is not alleged in the
information. Within 15 days from promulgation, the accused can surrender
and file a motion for leave of court to avail of these remedies.
I think People v. Padilla is a better ruling because to convict He shall state the reason for his failure to attend the
the accused would violate his right to be informed of the promulgation, and if he is able to justify his absence, he shall
nature and cause of the accusation against him. be allowed to avail of these remedies within 15 days from
notice.
 X was charged with rape. What was proved at the
trial was qualified seduction. Can X be convicted of  When may a judgment of conviction be modified or
qualified seduction? set aside by the court that rendered it?

No. Although qualified seduction is a lesser offense than A judgment of conviction may be modified or set aside by the
rape, the elements of the two are different. Qualified court that rendered it:
seduction is not included in the crime of rape. Therefore, if
the court convicts him of qualified seduction, it will violate his 1. upon motion of the accused, and
right to be informed of the nature and cause of the accusation 2. before judgment has become final or appeal has
against him, since some elements of qualified seduction were been perfected.
not charged.
 When does a judgment become final?
 How is the judgment promulgated?
 35
Except where death penalty is imposed, judgment
becomes final:
 What is the court mandated to do before placing an
1. after the lapse of time for perfecting an appeal; accused on probation?
2. when the sentence has been partially or totally
satisfied; The court should order a post sentence investigation to
3. when the accused has expressly waived in writing his determine whether the ends of justice and the best interest of
right to appeal; or the public will be served by the grant of probation.
4. when the accused has applied for probation.
 When should the court deny the application for
 X, a 16 year-old, was charged with theft. After
probation?
hearing, the court found that he committed the acts
charged. What should the court do? The application should be denied if the court finds that:

The court should determine the imposable penalty, including 1. the offender is in need of correctional treatment that
the civil liability. However, instead of pronouncing a judgment can be provided most effectively by his commitment
of conviction, the court should automatically suspend the to an institution;
sentence and commit the minor to the DSWD or other 2. there is an undue risk that during the period or
institution until he reaches the age of majority. (And on his probation, the offender will commit another crime; or
18th birthday, Happy Birthday, he will go straight to jail. This 3. probation will depreciate the seriousness of the
is so strange.) offense committed.

The exceptions to suspension of sentence in case of youthful  When does the probation order take effect?
offenders are:
A probation order shall take effect upon its issuance, at which
1. if the offender has enjoyed a previous suspension of time the court shall inform the offender of the consequences
sentence;
thereof and explain that upon his failure to comply with any
2. if the offender is convicted of an offense punishable of the conditions, he shall serve the penalty imposed for the
by death or life imprisonment;
offense.
3. if the offender is convicted by a military tribunal.
 What is the effect of probation on the civil liability of
This does not apply if, at the time of sentencing, the offender
the accused?
is already of age, even if he was a minor at the time of the
commission of the offense.
Probation does not release civil liability. However, in its
discretion, the court may provide for the manner of payment
 When should an adult offender apply for probation?
by the accused of the civil liability during the period of
probation.
The offender should apply for probation after conviction within
the period for perfecting an appeal.
 What is the duration of the period of probation?
 Can the defendant still file for probation if he has
1. If the defendant was sentenced to imprisonment of
already perfected an appeal? not more than one year, probation shall not exceed 2
years.
An application for probation may not be filed if the defendant 2. If the term of imprisonment is more than one year,
has already perfected an appeal from the judgment of
probation shall not exceed 6 years.
conviction. Once the appeal is perfected, it may no longer be 3. If the penalty is only a fine and the offender is made
withdrawn to apply for probation.
to serve subsidiary imprisonment in case of
insolvency, the period of probation shall not be less
 Can the defendant still appeal if he has filed for
than nor be more than twice the total number of
probation? days of subsidiary imprisonment.

No. The filing of an application for probation is deemed a  Ex: Subsidiary imprisonment is 10 days. The
waiver of the right to appeal.
period of probation should not be less than 10 days
but not more than 20 days.
 Is the grant of probation a matter of right upon
application by the defendant?  Can the grant of probation be revoked?

No. It is a mere privilege, and the grant is discretionary upon Yes. Probation is revocable before the final discharge of the
the court.
probationer by the court for violation of any of its conditions.
Once it is revoked, the court should order the arrest of the
 Can there be probation if the penalty is merely a
probationer so that he can serve the sentence originally
fine? imposed. The period of probation is not deducted from the
penalty imposed.
Yes. In those cases where the penalty is a fine, and the
defendant cannot pay, he has to serve subsidiary  Upon the lapse of the period of probation, is the case
imprisonment. This is where probation or suspension of against the probationer automatically terminated?
sentence becomes relevant.
No. After the period of probation, the court still has to order
 Can the defendant appeal from an order denying the
the final discharge of the probationer upon finding that he has
application for probation? fulfilled the terms and conditions of his probation. Only upon
the issuance of this order is the case terminated.
No.
 36
 What is the effect of the final discharge?  What is a recantation? Is it a ground for a new trial?

It shall operate to restore the probationer to all civil rights It is when a prior statement is withdrawn formally and
lost or suspended as a result of his conviction. His is also publicly by a witness.
fully discharged of his liability for any fine imposed as to the
offense for which probation was granted. It is not a ground for granting a new trial because it makes a
mockery of the court and would place the investigation of
RULE 121 NEW TRIAL OR RECONSIDERATION truth at the mercy of unscrupulous witnesses. Moreover,
retractions are easy to extort out of witnesses. In contrast,
 What is the purpose of a new trial? their previous statements are made under oath, in the
presence of the judge, and with the opportunity to cross-
It is to temper the severity of a judgment or prevent the examine. Therefore, the original testimony should be given
failure of justice. more credence.

 Distinguish between new trial and reconsideration. However, the exception to this rule is when aside from the
testimony of the retracting witness, there is not other
In a new trial, the case is opened again, after judgment, for evidence to support the conviction of the accused. In this
the reception of new evidence and further proceedings. It is case, the retraction by the sole witness creates a doubt in the
only proper after rendition or promulgation of judgment. mind of the judge as to the guilt of the accused. A new trial
may be granted.
In a reconsideration, the case is not reopened for further
proceeding. The court is merely asked to reconsider its But if there is other evidence independent of the retracted
findings of law in order to make them conformable to the law testimony, there can be no new trial.
applicable to the case.
 Distinguish between a recantation and an affidavit or
 What are the grounds for a new trial? desistance.

1. That errors of law or irregularities prejudicial to the In a recantation, a witness who previously gave a testimony
substantial rights of the accused have been subsequently declares that his statements were not true.
committed during the trial (errors of law or
irregularities); In an affidavit of desistance, the complainant states that he
2. That new and material evidence has been discovered did not really intend to institute the case and that he is no
which the accused could not with reasonable longer interested in testifying or prosecuting. It is a ground
diligence have discovered and produced at the trial for dismissing the case only if the prosecution can no longer
and which if introduced and admitted would probably prove the guilt of the accused beyond reasonable doubt
change the judgment (newly discovered without the testimony of the offended party.
evidence).
 Can the accused move for a new trial if he has found
3. If the case is being heard by the CA or SC, it may evidence that would impeach the testimony given by a
determine other grounds in the exercise of its prosecution witness?
discretion.
No. Evidence which merely seeks to impeach the evidence
 What are the grounds for reconsideration? upon which the conviction was based will not constitute
grounds for new trial. It has to be material evidence.
Errors of law or fact in the judgment.
 When is evidence considered to be material?
 Are the mistakes of counsel in conducting the case
valid grounds for a motion for a new trial? It is material if there is reasonable likelihood that the
testimony or evidence could have produced a different result
No. The mistakes of counsel generally bind the client, unless (the accused would have been acquitted).
he misrepresented himself as a lawyer when he was in fact a
plumber (or some other occupation). A new trial may also be  What is the form required for a motion for new trial
granted where the incompetency of the counsel is so great or motion for reconsideration?
that the defendant is prejudiced and prevented from fairly
presenting his defense and where the error of counsel is The motion for new trial or reconsideration should:
serious.
1. be in writing;
 What are the requisites for granting a new trial on 2. state the grounds on which it is based;
the ground of newly discovered evidence? 3. if based on newly discovered evidence (for new
trial), be supported by affidavits of witnesses by
1. The evidence must have been discovered after whom such evidence is expected to be given or
trial; authenticated copies of documents to be introduced
2. Such evidence could not have been discovered in evidence.
and produced at the trial even with the exercise of
reasonable diligence; Notice of the motion for new trial or reconsideration should be
3. The evidence is material, not merely cumulative, given to the prosecutor.
corroborative, or impeaching;
4. The evidence must go to the merits, such that it  What is the effect of the grant of the motion for new
would produce a different result if admitted. trial?
 37
1. If it is based on errors of law or irregularities SC RTC where the
committed during the trial, all the proceedings and penalty imposed is File a notice of
evidence affected by the error or irregularity will be reclusion perpetua or appeal with the
set aside. The court may, in the interest of justice, life imprisonment, OR RTC and serve a
allow the introduction of additional evidence. This is where a lesser copy of the notice
called trial de novo. penalty is imposed to the adverse
for offenses party
2. If it is based on newly discovered evidence, the committed on the
evidence already adduced will stand. The newly same occasion or
discovered evidence and whatever other evidence which arose out of
the court will allow to be introduced shall be taken the same occurrence
and considered together with the evidence already that gave rise to the
on record. offense punishable by
death, reclusion
3. In all cases – whether the court grants new trial or perpetua or life
reconsideration – the original judgment shall be set imprisonment
aside or vacated and a new judgment rendered. SC RTC imposing the Automatic review
death penalty by the SC
 Why is the accused not subjected to double jeopardy SC All other appeals, Petition for review
when a new trial or reconsideration is granted? except the two cases on certiorari
above under Rule 45
First, because it is only granted upon motion of the accused. SC Sandiganbayan Petition for review
Also, the first jeopardy is never terminated, since the original on certiorari
judgment is set aside and replaced with a new one. under Rule 45

RULE 122 APPEAL

 A, B, C, D, and E were all charged with murder,
 Is appeal a part of due process: punishable by death. A, B, and C were charged as
principals. D was charged as an accomplice. E was
Appeal is not a part of due process except when provided by charged as an accessory. All of them were convicted.
law. If the right to appeal is granted by law, it is statutory To whom should they appeal?
and must be exercised in accordance with the procedure laid
down by law. It is compellable by mandamus. A, B, and C’s case will be automatically reviewed by the SC
without need for notice of appeal, since the penalty imposable
 Where should the appeal be filed? is death. D and E should also appeal to the SC because
although the penalty imposable is not death, the offense
1. If the case was decided by the MTCs, the appeal arose out of the same occurrence that gave rise to the
should be filed with the RTC. offense punishable by death. The reason for this rule is so
2. If the case was decided by the RTC, the appeal that only one court will review on appeal the single case
should be filed with the CA or the SC in proper cases involving different defendants. This would prevent a variance
provided by law. or conflict in the decisions of the SC and the CA.
3. If the case was decided by the CA, the appeal should
be filed with the SC.  How is an appeal perfected?

 Can the prosecution appeal a judgment of acquittal? An appeal is perfected by filing a notice of appeal with the
court in which the judgment or order was rendered, and by
No. A judgment of acquittal becomes final immediately after serving a copy thereof upon the adverse party or his attorney
promulgation. It cannot even be the subject of certiorari. within the period for perfecting an appeal.
The reason for this rule is that an appeal would place the
accused in double jeopardy. However, the offended party  Within what period must appeal be perfected?
may appeal the civil aspect of the case.
An appeal must be perfected within 15 days from
 How is appeal taken? promulgation of the judgment or from notice of the final order
appealed from.
APPEAL TO FROM THE HOW?
DECISION OF  What is the effect of the perfection of an appeal?
RTC MTC File a notice of
appeal with the When an appeal has been perfected, the court a quo loses
MTC and serve a jurisdiction.
copy of the notice
to the adverse  What is the difference between the appeal of a
party judgment and the appeal of an order?
CA RTC in the exercise of File a notice of
its original appeal with the The appeal from a judgment must be perfected within 15
jurisdiction RTC and serve a days from promulgation. The appeal from an order should
copy of the notice be perfected within 15 days from notice of the final order.
to the adverse
party  A and B were convicted of murder. Only A appealed
CA RTC in the exercise of File a petition for from the conviction. Should the decision of the
its appellate review with the appellate court bind B?
jurisdiction CA under Rule 42
 38
It depends. If the decision of the appellate court would be
beneficial to B, it should affect him. But if the decision would  What is a search warrant?
not benefit him, it should not bind him.
It is an order in writing issued in the name of the People of
 What is the effect of the appeal by the offended party the Philippines, signed by a judge and directed to a peace
of the civil aspect of the judgment on the criminal officer, commanding him to search for personal property
aspect? described therein and bring it before the court.

Nothing.  Distinguish between a search warrant and a warrant

of arrest.
 Can an appeal that has already been perfected by
withdrawn by the appellant? SEARCH WARRANT WARRANT OF ARREST
The applicant must show: The applicant must show:
If the records have not yet been transmitted to the appellate
court, the court that rendered the judgment has the 1. that the items 1. probable cause that
discretion to allow the appellant to withdraw the appeal. If sought are in fact an offense has been
the appeal is withdrawn, the judgment shall become final. seizable by virtue committed; and
of being connected
If the records have already been transmitted to the appellate with criminal 2. that the person to be
court, only the appellate court may decide whether to grant activity; and arrested committed it
the motion to withdraw the appeal, and only before the
judgment is rendered in the case on appeal. 2. that the items will
be found in the
 Is counsel de oficio still required to represent his place to be
client on appeal? searched.
The judge must conduct a The judge need not conduct a
Yes. The duty of counsel de oficio does not terminate upon personal, searching personal examination of the
judgment of the case. It continues until appeal. examination of the applicant and his witnesses.
applicant and his witnesses He may rely on the affidavits of
RULE 123 PROCEDURE IN THE MUNICIPAL TRIAL the witnesses and the
COURTS recommendation of the
prosecutor.
Important stuff:
 Why are the requirements for the issuance of a
1. Preliminary conference: Before conducting the trial,
search warrant more stringent than the requirements
the court shall call the parties to a preliminary
for the issuance of a warrant of arrest?
conference during which:
The violation of the right to privacy produces a humiliating
a. a stipulation of facts may be entered into,
effect which cannot be rectified anymore. This is why there is
b. the propriety of allowing the accused to
no other justification for a search, except a warrant. On the
plead guilty to a lesser offense may be
other hand, in a warrant of arrest, the person to be arrested
considered, and
can always post bail to prevent the deprivation of liberty.
c. other matters may be taken up to clarify the
issues and to ensure a speedy disposition of
 Where should the application for search warrant be
the case.
filed?
2. Prohibited pleadings and motions:
As a general rule, it should be filed with the court within
whose territorial jurisdiction the crime was committed.
a. motion to dismiss the complaint or to quash
the complaint or information on the ground
But for compelling reasons, it can be filed with the court
of lack of jurisdiction over the subject
within whose judicial region the offense was committed or
matter, or failure to refer the case to the
where the warrant is to be served.
lupon.
b. Motion for a bill or particulars
Example of this: The drug syndicate stores its drugs
c. motion for new trial, or for reconsideration
in Pasay. It has connections in Pasay and can easily
of a judgment, or for reopening of trial;
get a tip when the police officers will file for a search
d. petition for relief from judgment;
warrant. To avoid the drug syndicate from getting a
e. motion for extension of time to file pleading,
tip of the impending search, the police officer may
affidavits, or any other paper;
apply for a search warrant in Makati (within the RTC
f. memoranda;
region), stating the compelling reason.
g. petition for certiorari, mandamus, or
prohibition against any interlocutory order
But, if the criminal action has already been filed, the
issued by the court;
application for a search warrant can only be made in the court
h. motion to declare the defendant in default;
where the criminal action is pending.
i. dilatory motions for postponement;
j. reply;
 What may be the subject of a search warrant?
k. third-party complaints;
l. interventions.
Personal property, which is:

RULE 126 SEARCH AND SEIZURE 1. subject of the offense,

 39
2. stolen or embezzled and other proceeds or fruits of
the offense, or  Can the police officer seize anything that is not
3. used or intended to be used as the means of included in the warrant?
committing an offense.
No. Anything not included in the warrant cannot be seized
 What are the requisites for issuing a search warrant? EXCEPT if it is mala prohibita, in which case, the seizure can
be justified under the plain view doctrine.
1. There must be probable cause
2. Which must be determined personally by the Even if the object was related to the crime, but it is not
judge mentioned in the warrant nor is it mala prohibita, it still
3. upon personal examination in writing and under cannot be seized.
oath of the complainant and his witnesses in the
form of searching questions and answers on  Police officers went to a house to execute a search
facts personally known to them warrant. They found a pistol on the table, but the
4. the probable cause must be in connection with one pistol was not included in the search warrant. Can they
specific offense seize the pistol?
5. particularly describing the place to be searched
and the items to be seized No. It is not mala prohibita, and they have no proof that it is
6. the sworn statements together with the affidavits unlicensed.
of the witnesses must be attached to the record.
 What should the police officer or court do to things
 When is the affidavit or testimony of the witness said seized illegally?
to be based on personal knowledge?
Anything seized illegally must be returned to the owner unless
The test is whether perjury could be charged against the it is mala prohibita. In this case, it should be kept in custodia
witness. legis.

 Is it necessary that the person named in the search  When should the search warrant be executed?
warrant be the owner of the things to be seized?
If possible, it should be executed during the daytime. But in
No. Ownership is of no consequence. What is relevant is that certain cases, such as when the things to be seized are
the property is connected to an offense. mobile or are in the person of the accused, it can be served
during nighttime.
 What are the requisites of the personal examination
that the judge must conduct before issuing the search  For how long is the search warrant valid?
warrant?
It is valid for 10 days, after which the peace officer should
The judge must: make a return to the judge who issued it. If the peace officer
does not make a return, the judge should summon him and
1. examine the witnesses personally; require him to explain why no return was made. If the return
2. under oath; was made, the judge should determine if the peace officer
3. and reduced to writing in the form of searching issued a receipt to the occupant of the premises from which
questions and answers. the things were taken. The judge shall also order the delivery
to the court of the things seized.
 What is a “scatter shot warrant”?
 If the warrant was executed even before the
It is a warrant of arrest that is issued for more than one expiration of the ten-day period, can the peace officer
offense. It is void, since the law requires that a warrant of use the warrant again before it expires?
arrest should only be issued in connection with one specific
offense. No. If the purpose for which it was issued has already been
carried out, the warrant cannot be used anymore. The
 A warrant was issued for the seizure of drugs exception is if the search was not finished within one day, the
connected with “violation of the Dangerous Drugs warrant can still be used the next day, provided that it is still
Law.” Is the warrant valid? within the 10-day period.

The warrant is valid. Although there are many ways of SUMMARY

violating the Dangerous Drugs Law, it is not a scatter shot
warrant since it is in connection with only one penal law. 1. The Constitution does not prohibit all kinds of
searches and seizures. It only prohibits
 Police officers applied for a warrant to search Door unreasonable searches and seizures.
#1 of an apartment complex. The court issued the 2. A search and seizure is unreasonable if it is made
warrant. When the went to the apartment complex, without a warrant, or the warrant was invalidly
they realized that what they thought was Door #1 was issued.
actually Door #7. Can they search Door #7? 3. A search and seizure without a warrant is still
reasonable if conducted under the following
No. What is controlling is what is stated in the warrant, not circumstances:
what the peace officers had in mind, even if they were the
ones who gave the description to the court. This is to prevent a. Incident to a lawful arrest
abuses in the service of search warrants.
 40
 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