JURISDICTION never waived, jurisdiction.

even on
Jurisdiction It is the power or authority given by the law to appeal. Exception/s: 1.
a court or tribunal to hear and determine certain Where the offense
controversies. It is the power of courts to hear and was committed under
determine a controversy involving rights which are the exceptional
demandable. circumstances
provided for in Article
OVER OVER THE OVER THE 2 of the Revised
SUBJECT TERRITORY; PERSON OF Penal Code, the
MATTER VENUE IN THE ACCUSED offense is cognizable
CRIMINAL CASES before Philippine
Derived from The offense must Acquired either courts even if
the law have been committed by his arrest or committed outside of
or any of its essential his voluntary the territory of the
It can never be ingredients took appearance in Philippines. Note:
acquired solely place within the court. Article 2 of the RPC
by consent of territorial jurisdiction includes offenders
the accused. of the court. In May be who (SCION
The parties criminal acquired
cases, by
cannot waive it. venue is an essential consent of the
element accused or by
of
Objection that jurisdiction, waiver
thus, of
the court has cannot be waived. objections or
no jurisdiction failure to invoke
over the If the evidence the objection.
subject matter adduced during the
may be made trial shows that the If he fails to
at any stage of offense was make his
the proceeding committed objection in
and the right to somewhere else, the time, he will be
make such court should dismiss deemed to have
objection is the action for want of waived it.
 RULE 110 (b) For all other offenses, by filing the complaint or
information directly with the Municipal Trial
Prosecution of Offenses Courts and Municipal Circuit Trial Courts, or
the complaint with the office of the prosecutor.
Section 1. Institution of criminal actions. — Criminal In Manila and other chartered cities, the
actions shall be instituted as follows: complaint shall be filed with the office of the
prosecutor unless otherwise provided in their
Criminal Action One by which the State prosecutes a charters.
person for an act or omission punishable by law.

(a) For offenses where a preliminary investigation For all other offenses It is instituted DIRECTLY with
is required pursuant to section 1 of Rule 112, the Municipal Trial Court and Municipal Circuit Trial
by filing the complaint with the proper officer Court or the complaint is filed with the Office of the
for the purpose of conducting the requisite Prosecutor. (Rule 110, Sec. 1)
preliminary investigation.
A complaint for offenses cognizable by the Regional
Offenses Where a Preliminary Investigation is Trial Court is NOT filed directly with the Regional
required Trial Court either for purposes of preliminary
investigation or for commencement of the criminal
Preliminary investigation is required for offenses prosecution.
where the penalty prescribed by law is AT LEAST 4
years, 2 months and 1 day (prision correccional max) Rule for Manila and other Chartered Cities The
of imprisonment without regard to the fine. (Rule 112, complaint shall be filed with the Office of the
Sec. 1(2)) Prosecutor unless otherwise provided in their
charters (Rule 110, Sec. 1).
Where a preliminary investigation is not required
(i.e., where the imposable penalty is less than 4 For offenses where preliminary investigation is not
years, two months and 1 day), the complaint may be required, for criminal offenses in Metro Manila or
filed with the prosecutor (in Metro Manila) or directly chartered cities, the complaint must be filed with the
with the MTC/MCTC (for cases over which MTC has Office of the Prosecutor. In contrast, for criminal
jurisdiction) (Rule 110, Sec. 1). offenses outside Metro Manila, the
complaint/information must be filed with the
provincial prosecutor or directly with the Municipal THE INFORMATION:
Trial Courts. 1. Must be in writing;
2. In the name of the People of the Philippines; and
The institution of the criminal action shall interrupt the 3. Against all persons who appear to be responsible
running period of prescription of the offense charged for the offense involved (Rule 110, Sec. 2).
unless otherwise provided in special laws. (1a)
COMPLAINT: INFORMATION:
Effect of Institution of Criminal Action on Subscribed by the prosecutor.
Prescriptive Period General Rule: The institution of It does not have to be
Subscribed by the offended
the criminal action interrupts the running of the subscribed by the offended
party, any peace officer or other
period of prescription of the offense charged. party or any peace officer or
officer charged with the
Exception: If otherwise provided in special laws. other peace officer charged
enforcement of the law violated.
with the enforcement of the
Section 3. Complaint defined. — A complaint is a law.
sworn written statement charging a person with an Filed either in the MTC/MCTC or
offense, subscribed by the offended party, any peace with the provincial/city Filed in court.
officer, or other public officer charged with the prosecutor’s office.
enforcement of the law violated. (3) Requires no oath. Merely
Needs to be sworn requires that it be an
A COMPLAINT: accusation “in writing.”
1. Sworn written statement;
2. Charging a person with an offense; and
3. Subscribed by: Section 5. Who must prosecute criminal actions. — All
a. The offended party; criminal actions commenced by a complaint or
b. Any peace officer; or information shall be prosecuted under the direction
c. Other public officer charged with the and control of the prosecutor. However, in Municipal
enforcement of the law violated (Rule 110, Sec. Trial Courts or Municipal Circuit Trial Courts when the
3) prosecutor assigned thereto or to the case is not
available, the offended party, any peace officer, or public
Section 4. Information defined. — An information is an officer charged with the enforcement of the law violated
accusation in writing charging a person with an offense, may prosecute the case. This authority cease upon
subscribed by the prosecutor and filed with the court. (4a) actual intervention of the prosecutor or upon elevation of
the case to the Regional Trial Court.       (This Section was repealed No criminal action for defamation which consists in the
by A.M. No. 02-2-07-SC effective May 1, 2002)
imputation of the offenses mentioned above shall be
brought except at the instance of and upon complaint
The crimes of adultery and concubinage shall not be filed by the offended party. (5a)
prosecuted except upon a complaint filed by the
offended spouse. The offended party cannot institute The prosecution for violation of special laws shall be
criminal prosecution without including the guilty parties, if governed by the provisions thereof. (n)
both alive, nor, in any case, if the offended party has
consented to the offense or pardoned the offenders. WHO MAY FILE THEM, CRIMES THAT CANNOT BE
PROSECUTED DE OFICIO PERSONS AUTHORIZED
The offenses of seduction, abduction and acts of TO FILE A COMPLAINT
lasciviousness shall not be prosecuted except upon
a complaint filed by the offended party or her 1. Offended party;
parents, grandparents or guardian, nor, in any case, 2. Any peace officers;
if the offender has been expressly pardoned by any 3. Other public officer charged with the enforcement of the
of them. If the offended party dies or becomes law violated (Rule 112, Sec. 3)
incapacitated before she can file the complaint, and she
has no known parents, grandparents or guardian, the PERSONS AUTHORIZED TO FILE AN INFORMATION
State shall initiate the criminal action in her behalf.
1. City or provincial prosecutor and their assistants
The offended party, even if a minor, has the right to 2. Duly appointed special prosecutors (Rule 112, Sec. 4)
initiate the prosecution of the offenses of seduction,
abduction and acts of lasciviousness independently of EXCEPTION: OFFENSES OR CRIMES THAT CANNOT
her parents, grandparents, or guardian, unless she is BE PROSECUTED DE OFICIO, SUCH AS:
incompetent or incapable of doing so. Where the
offended party, who is a minor, fails to file the complaint, a. In private offenses (concubinage, adultery, seduction,
her parents, grandparents, or guardian may file the abduction, acts of lasciviousness); and
same. The right to file the action granted to parents,
grandparents or guardian shall be exclusive of all other b. Defamations imputing any of the aforesaid offenses
persons and shall be exercised successively in the order wherein a sworn written complaint is required in
herein provided, except as stated in the preceding accordance with Section 5 of this Rule.
paragraph.
Section 6. Sufficiency of complaint or information. — DESIGNATION OF OFFENSE
A complaint or information is sufficient if it states the
name of the accused; the designation of the offense THE INFORMATION OR COMPLAINT MUST STATE
given by the statute; the acts or omissions complained of OR DESIGNATE THE FOLLOWING WHENEVER
as constituting the offense; the name of the offended POSSIBLE:
party; the approximate date of the commission of the
offense; and the place where the offense was committed. 1. The designation of the offense given by the statute. (If
there is no designation of the offense, reference shall be
SUFFICIENCY OF COMPLAINT OR INFORMATION made to the section/subsection of the statute punishing it)
A complaint or information is sufficient if it states the:
(NDANAP) 2. The statement of the acts or omissions constituting the
1. Name of the accused; offense, in ordinary, concise and particular words.
2. Designation of the offense by a statute
3. Acts or omission complained of as constituting the 3. The specific qualifying and aggravating circumstances
offense; must be stated in ordinary and concise language (Sec. 8,
4. Name of the offended party; Rule 110).
5. Approximate date of the commission of the offense; and
6. Place where the offense was committed (Sec. 6. Rule 110). Section 9. Cause of the accusation. — The acts or
omissions complained of as constituting the offense and
Section 8. Designation of the offense. — The complaint the qualifying and aggravating circumstances must
or information shall state the designation of the offense be stated in ordinary and concise language and not
given by the statute, aver the acts or omissions necessarily in the language used in the statute but in
constituting the offense, and specify its qualifying and terms sufficient to enable a person of common
aggravating circumstances. If there is no designation of understanding to know what offense is being charged as
the offense, reference shall be made to the section or well as its qualifying and aggravating circumstances and
subsection of the statute punishing it. (8a) for the court to pronounce judgment. (9a)

The information need not reproduce the law verbatim in

alleging the acts or omissions that constitute the offense. If
its language is understood, the constitutional right to be
informed of the nature and cause of the accusation against
the accused stands unviolated.
This mandate to be informed of the nature and cause of the AMENDMENT OR SUBSTITUTION OF COMPLAINT
accusation against him does not require a verbatim OR INFORMATION
reiteration of the law. The use of derivatives, synonyms,
and allegations of basic facts constituting the crime will Amendment Adding or striking out an allegation or the
suffice. (Omar Villarba v. CA, G.R. No. 227777, June 15, name of any party, or by correcting a mistake in the name
2020) of a party or a mistaken or inadequate allegation or
description in any other respect, so that the actual merits of
Section 14. Amendment or substitution. — A complaint the controversy may speedily be determined, without
or information may be amended, in form or in regard to technicalities, and in the most expeditious and
substance, without leave of court, at any time before inexpensive manner (Rule 10, Sec. 1)
the accused enters his plea. After the plea and during
the trial, a formal amendment may only be made with BEFORE THE ACCUSED ENTERS HIS PLEA, THE
leave of court and when it can be done without causing PROSECUTOR MAY:
prejudice to the rights of the accused.
Without leave of court amend an information in form
However, any amendment before plea, which or in substance:
downgrades the nature of the offense charged in or
excludes any accused from the complaint or 1. Upgrade the offense;
information, can be made only upon motion by the 2. Allege qualifying and aggravating circumstances;
prosecutor, with notice to the offended party and or
with leave of court. The court shall state its reasons in 3. Change the offense charged (Rule 110, Sec. 14).
resolving the motion and copies of its order shall be
furnished all parties, especially the offended party. (n) With leave of court, motion by the prosecutor and
notice to the offended party when amendment:
If it appears at any time before judgment that a mistake
has been made in charging the proper offense, the court 1. Downgrades the offense charged; or
shall dismiss the original complaint or information upon 2. Excludes from the information a co-accused (Rule
the filing of a new one charging the proper offense in 110, Sec. 14).
accordance with section 19, Rule 119, provided the
accused shall not be placed in double jeopardy. The The court shall state the reasons in resolving the
court may require the witnesses to give bail for their motion and copies thereof furnished all parties,
appearance at the trial. (14a) especially the offended party.
 AFTER THE PLEA AMENDMENT SUBSTITUTION

1. Formal amendment only with leave of court, and

without causing prejudice to the rights of the May involve either formal or Involves substantial change
accused substantial changes. from original charge.
Amendment before the plea has Substitution of information
2. But when a fact supervenes which changes the been entered can be effected must be with leave of court as
nature of the crime charged in the information or without leave of court. the original information has to
upgrades it to a higher crime, in which case, there is be dismissed.
a need for another arraignment of the accused under When an amendment is only as Another preliminary
the amended information (Rule 110, Sec. 14). to form, there is no need for investigation is entailed and
another preliminary investigation the accused has to plead
Q: WHEN AN AMENDMENT IS FORMAL OR and the retaking of the plea of anew to the new information.
SUBSTANTIAL? the accused.
An amended information refers Requires or presupposes that
A: The amendment is formal when it does not change to the same offense charged in the new information involves
the nature of the crime alleged therein, or affect the the original information or to an a different offense which does
essence of the offense, or cause surprise; or deprive offense which necessarily not include or is not
the accused of an opportunity to meet the new includes or is necessarily necessarily included in the
averment. included in the original charge, original charge, hence the
hence substantial amendments accused cannot claim double
Q: IS THE CHANGING THE WORD “HOMICIDE” TO to the information after the plea jeopardy.
“MURDER” IN THE CAPTION OF THE CASE, WITHOUT has been taken cannot be made
ANY CHANGE IN THE FACTS CONSTITUTING THE over the objection of the
OFFENSE CHARGED, is purely a formal amendment? accused, for if the original would
be withdrawn, the accused could
A: YES. A purely formal amendment?
invoke double jeopardy
An amendment is merely formal if it did not change the essence of
the offense or cause surprise as to deprive petitioner of the
opportunity to meet the new information. If the amendment only
states with precision something that was already included in the
original Information, it is merely a formal amendment.
Section 15. Place where action is to be instituted. — VENUE OF CRIMINAL ACTIONS

(a) Subject to existing laws, the criminal action Venue in Criminal Case is Jurisdictional
shall be instituted and tried in the court of the Being an Essential Element of Jurisdiction
municipality or territory where the offense was
committed or where any of its essential ingredients
occurred. General Rule

(b) Where an offense is committed in a train, Penal laws are territorial; hence Philippine courts
aircraft, or other public or private vehicle while have no jurisdiction over crimes committed outside
in the course of its trip, the criminal action the Philippines. It cannot be waived or changed by
shall be instituted and tried in the court of any the agreement of the parties or by consent of the
municipality or territory where such train, aircraft defendant.
or other vehicle passed during such its trip,
including the place of its departure and arrival. Exception

(c) Where an offense is committed on board a There are crimes punished under the RPC and under
vessel in the course of its voyage, the criminal special penal laws which have extraterritorial
action shall be instituted and tried in the court of jurisdiction.
the first port of entry or of any municipality or
territory where the vessel passed during such In exceptional circumstances, to ensure a fair trial
voyage, subject to the generally accepted and impartial inquiry, the Supreme Court shall have
principles of international law. the power to order a change of venue or place of trial
to avoid the miscarriage of justice (1987 Constitution,
(d) Crimes committed outside the Philippines but Section 5(4), Art. VIII).
punishable under Article 2 of the Revised Penal
Code shall be cognizable by the court where Section 16. Intervention of the offended party in criminal
the criminal action is first filed. (15a) action. — Where the civil action for recovery of civil
liability is instituted in the criminal action pursuant to Rule
111, the offended party may intervene by counsel in the
prosecution of the offense. (16a)
 RULE 111 Except as otherwise provided in these Rules, no filing
fees shall be required for actual damages.
Prosecution of Civil Action
No counterclaim, cross-claim or third-party
Section 1. Institution of criminal and civil actions. — complaint may be filed by the accused in the criminal
case, but any cause of action which could have been
(a) When a criminal action is instituted, the civil the subject thereof may be litigated in a separate civil
action for the recovery of civil liability arising from action. (1a)
the offense charged shall be deemed instituted with
the criminal action unless the offended party waives RULE ON IMPLIED INSTITUTION OF CIVIL ACTION
the civil action, reserves the right to institute it WITH CRIMINAL ACTION
separately or institutes the civil action prior to the criminal
action. General Rule

The reservation of the right to institute separately the The institution or filing of the criminal action
civil action shall be made before the prosecution includes therein the institution of civil action for
starts presenting its evidence and under circumstances recovery of civil liability arising from the offense
affording the offended party a reasonable opportunity to charged (Rule 111, Sec. 1).
make such reservation.
Exception/s:
When the offended party seeks to enforce civil
liability against the accused by way of moral, When the offended party:
nominal, temperate, or exemplary damages without 1. Waives the civil action;
specifying the amount thereof in the complaint or 2. Reserves his right to institute the civil action
information, the filing fees thereof shall constitute a separately; or
first lien on the judgment awarding such damages. 3. Institutes the civil action prior to the criminal
action (Rule 111, Sec. 1).
Where the amount of damages, other than actual, is
specified in the complaint or information, the NOTE: The civil action for the recovery of civil liability that is
corresponding filing fees shall be paid by the deemed instituted with the criminal action refers only to that
offended party upon the filing thereof in court. arising from the offense charged or civil liability “ex delicto.”
 b) The criminal action for violation of Batas Section 2. When separate civil action is suspended.
Pambansa Blg. 22 shall be deemed to include — After the criminal action has been commenced, the
the corresponding civil action. No reservation to separate civil action arising therefrom cannot be
file such civil action separately shall be allowed. instituted until final judgment has been entered in the
criminal action.
The civil action that is impliedly instituted based on
B.P. 22 is only the civil liability of the signatory and If the criminal action is filed after the said civil action has
not of the corporation itself. The distinctness of the already been instituted, the latter shall be suspended in
cause of action against the signatory and that whatever stage it may be found before judgment on the
against the corporation is rendered beyond dispute. merits. The suspension shall last until final judgment is
rendered in the criminal action. Nevertheless, before
Upon filing of the aforesaid joint criminal and civil judgment on the merits is rendered in the civil action, the
actions, the offended party shall pay in full the filing same may, upon motion of the offended party, be
fees based on the amount of the check involved, consolidated with the criminal action in the court trying
which shall be considered as the actual damages the criminal action. In case of consolidation, the evidence
claimed. Where the complaint or information also seeks already adduced in the civil action shall be deemed
to recover liquidated, moral, nominal, temperate or automatically reproduced in the criminal action without
exemplary damages, the offended party shall pay prejudice to the right of the prosecution to cross-examine
additional filing fees based on the amounts alleged the witnesses presented by the offended party in the
therein. If the amounts are not so alleged but any of criminal case and of the parties to present additional
these damages are subsequently awarded by the court, evidence. The consolidated criminal and civil actions
the filing fees based on the amount awarded shall shall be tried and decided jointly.
constitute a first lien on the judgment.
During the pendency of the criminal action, the running of
Where the civil action has been filed separately and trial the period of prescription of the civil action which cannot
thereof has not yet commenced, it may be consolidated be instituted separately or whose proceeding has been
with the criminal action upon application with the court suspended shall be tolled. (n)
trying the latter case. If the application is granted, the trial
of both actions shall proceed in accordance with section The extinction of the penal action does not carry with it
2 of this Rule governing consolidation of the civil and extinction of the civil action. However, the civil action
criminal actions. (cir. 57-97) based on delict shall be deemed extinguished if there is a
finding in a final judgment in the criminal action that the
act or omission from which the civil liability may arise did Section 3. When civil action may proceeded
not exist. (2a) independently. — In the cases provided for in Articles 32,
33, 34 and 2176 of the Civil Code of the Philippines, the
WHEN SEPARATE CIVIL ACTION IS SUSPENDED independent civil action may be brought by the offended
party. It shall proceed independently of the criminal
General Rule: action and shall require only a preponderance of
evidence. In no case, however, may the offended party
Primacy of Criminal Action Over Civil Action recover damages twice for the same act or omission
charged in the criminal action. (3a)
After the filing of the criminal action, the civil action
arising therefrom, which has been reserved, cannot WHEN CIVIL ACTION MAY PROCEED
be instituted until final judgment has been rendered INDEPENDENTLY
in the criminal action (Rule 111, Sec. 2).
General Rule:
If the civil action is instituted before the criminal
action and the criminal action is subsequently Independent civil actions under Articles 32, 33, 34
commenced, the pending civil action shall be and 2176 of the Civil Code:
suspended until final judgment of the criminal action
has been rendered (Rule 111, Sec. 2). 1. May be brought by the offended party;
2. Proceed independently of criminal action;
Exceptions: and
3. Require only a preponderance of
1. In cases of independent civil actions based upon evidence(Rule 111, Sec. 3).
Articles 32, 33, 34 and 2176 of the Civil Code (Rule
111, Sec. 3); Exception:

2. In cases where the civil action presents a A plaintiff cannot recover damages twice for the
prejudicial question; and same act or omission of the defendant. Purpose: To
make the court’s disposition of the criminal case of
3. Where the civil action is not one intended to no effect whatsoever on the separate civil case.
enforce the civil liability arising from the offense. NOTE: This is subject to the rule prohibiting double
recovery.
Section 4. Effect of death on civil actions. — The death EFFECT OF THE DEATH OF ACCUSED OR CONVICT
of the accused after arraignment and during the ON CIVIL ACTION
pendency of the criminal action shall extinguish the civil
liability arising from the delict. However, the independent Before Arraignment
civil action instituted under section 3 of this Rule or which
thereafter is instituted to enforce liability arising from The criminal action shall be dismissed without
other sources of obligation may be continued against the prejudice to the offended party’s filing any civil
estate or legal representative of the accused after proper action against the estate of the deceased (Rule 111,
substitution or against said estate, as the case may be. Sec. 4).
The heirs of the accused may be substituted for the
deceased without requiring the appointment of an After Arraignment and During the Pendency of the
executor or administrator and the court may appoint a Criminal Action
guardian ad litem for the minor heirs.
General Rule: Death extinguishes the civil liability
The court shall forthwith order said legal representative arising from delict or the offense (Rule 111, Sec. 4).
or representatives to appear and be substituted within a
period of thirty (30) days from notice. Exception: Where civil liability is predicated on other
sources of obligations such as law, contract,
A final judgment entered in favor of the offended party quasicontract, and quasi-delict (Asilo v. People G.R.
shall be enforced in the manner especially provided in Nos. 159017-18, 2011) - Independent civil action.
these rules for prosecuting claims against the estate of
the deceased. Section 5. Judgment in civil action not a bar. — A final
judgment rendered in a civil action absolving the
If the accused dies before arraignment, the case shall be defendant from civil liability is not a bar to a criminal
dismissed without prejudice to any civil action the action against the defendant for the same act or omission
offended party may file against the estate of the subject of the civil action. (4a)
deceased. (n)
JUDGMENT IN CIVIL ACTION NOT A BAR

A final judgment rendered in a civil action absolving

the defendant from civil liability is not a bar to a
criminal action against the defendant for the same
act or omission subject of the civil action (Rule 111, ELEMENTS OF PREJUDICIAL QUESTION BASED ON
Sec. JURISPRUDENCE

5). NOTE: Where the criminal case was dismissed 1. The civil case involves facts intimately related
before trial because the offended party executed an to those upon which the criminal prosecution
affidavit of desistance, the civil action thereof is would be based
similarly dismissed.
2. In the resolution of the issue or issues raised
Section 6. Suspension by reason of prejudicial question. in the civil action, the guilt or innocence of the
— A petition for suspension of the criminal action based accused would necessarily be determined; and
upon the pendency of a prejudicial question in a civil
action may be filed in the office of the prosecutor or the 3. Jurisdiction to try said question must be
court conducting the preliminary investigation. When the lodged in another tribunal.
criminal action has been filed in court for trial, the petition
to suspend shall be filed in the same criminal action at ELEMENTS OF PREJUDICIAL QUESTION BASED ON
any time before the prosecution rests. (6a) THE RULES OF COURT

Prejudicial Question 1. The previously instituted civil action involves

an issue similar or intimately related to the issue
It arises in a case, the resolution of which is a logical raised in the subsequent criminal action.
antecedent of the issue involved in the criminal case and the
cognizance of which pertains to another tribunal. 2. The resolution of such issue determines
whether or not the criminal action may proceed
Section 7. Elements of prejudicial question. — The (Rule 111, Sec. 7).
elements of a prejudicial question are:
A prejudicial question is a question based on a fact
(a) the previously instituted civil action involves an issue distinct and separate from the crime, but so
similar or intimately related to the issue raised in the intimately connected with it that its ascertainment
subsequent criminal action, and determines the guilt or innocence of the accused. For
it to suspend the criminal action, it must appear not
(b) the resolution of such issue determines whether or only that the civil case involves facts intimately
not the criminal action may proceed. (5a) related to those upon which the criminal prosecution
would be based, but also that in the resolution of the
issue or issue raised in the civil case, the guilt or Section 5. Resolution of investigating judge and its
innocence of the accused would necessarily be review. — Within ten (10) days after the preliminary
determined. investigation, the investigating judge shall transmit the
resolution of the case to the provincial or city prosecutor,
Suspension of the criminal case due to a prejudicial or to the Ombudsman or his deputy in cases of offenses
question is only a procedural matter, and is subject cognizable by the Sandiganbayan in the exercise of its
to a waiver by virtue of prior acts of the accused. original jurisdiction, for appropriate action.

Purpose: To avoid two conflicting decisions. The resolution shall state the findings of facts and the law
supporting his action, together with the record of the case
Q: Where to File Petition for Suspension By Reason which shall include: (a) the warrant, if the arrest is by
of Prejudicial Question virtue of a warrant; (b) the affidavits, counter-affidavits
and other supporting evidence of the parties; (c) the
A: Office of the Prosecutor or the court conducting undertaking or bail of the accused and the order for his
the preliminary investigation (Rule 111, Sec. 6). release; (d) the transcripts of the proceedings during the
preliminary investigation; and (e) the order of cancellation
RULE 112 of his bail bond, if the resolution is for the dismissal of the
complaint.
Preliminary Investigation
Within thirty (30) days from receipt of the records, the
Section 1. Preliminary investigation defined; when provincial or city prosecutor, or the Ombudsman or his
required. — Preliminary investigation is an inquiry or deputy, as the case may be, shall review the resolution of
proceeding to determine whether there is sufficient the investigating judge on the existence of probable
ground to engender a well-founded belief that a crime cause. Their ruling shall expressly and clearly state the
has been committed and the respondent is probably facts and the law on which it is based and the parties
guilty thereof, and should be held for trial. shall be furnished with copies thereof. They shall order
the release of an accused who is detained if no probable
Except as provided in section 7 of this Rule, a preliminary cause is found against him. (5a)
investigation is required to be conducted before the filing
of a complaint or information for an offense where the Section 6. When warrant of arrest may issue. — (a) By
penalty prescribed by law is at least four (4) years, two the Regional Trial Court. — Within ten (10) days from the
(2) months and one (1) day without regard to the fine. filing of the complaint or information, the judge shall
(1a) personally evaluate the resolution of the prosecutor and
its supporting evidence. He may immediately dismiss the the form of searching question and answers, that a
case if the evidence on record clearly fails to establish probable cause exists and that there is a necessity of
probable cause. If he finds probable cause, he shall issue placing the respondent under immediate custody in order
a warrant of arrest, or a commitment order if the accused not to frustrate the ends of justice.
has already been arrested pursuant to a warrant issued
by the judge who conducted the preliminary investigation (c) When warrant of arrest not necessary. — A warrant of
or when the complaint or information was filed pursuant arrest shall not issue if the accused is already under
to section 7 of this Rule. In case of doubt on the detention pursuant to a warrant issued by the municipal
existence of probable cause, the judge may order the trial court in accordance with paragraph (b) of this
prosecutor to present additional evidence within five (5) section, or if the complaint or information was filed
days from notice and the issue must be resolved by the pursuant to section 7 of this Rule or is for an offense
court within thirty (30) days from the filing of the penalized by fine only. The court shall then proceed in
complaint of information. the exercise of its original jurisdiction. (6a)

(b) By the Municipal Trial Court. — When required Section 8. Records. — (a) Records supporting the
pursuant to the second paragraph of section 1 of this information or complaint. — An information or complaint
Rule, the preliminary investigation of cases falling under filed in court shall be supported by the affidavits and
the original jurisdiction of the Metropolitan Trial Court, counter-affidavits of the parties and their witnesses,
Municipal Trial Court in Cities, Municipal Trial Court, or together with the other supporting evidence and the
Municipal Circuit Trial Court may be conducted by either resolution on the case.
the judge or the prosecutor. When conducted by the
prosecutor, the procedure for the issuance of a warrant (b) Record of preliminary investigation. — The record of
or arrest by the judge shall be governed by paragraph (a) the preliminary investigation, whether conducted by a
of this section. When the investigation is conducted by judge or a fiscal, shall not form part of the record of the
the judge himself, he shall follow the procedure provided case. However, the court, on its own initiative or on
in section 3 of this Rule. If the findings and motion of any party, may order the production of the
recommendations are affirmed by the provincial or city record or any its part when necessary in the resolution of
prosecutor, or by the Ombudsman or his deputy, and the the case or any incident therein, or when it is to be
corresponding information is filed, he shall issue a introduced as an evidence in the case by the requesting
warrant of arrest. However, without waiting for the party. (8a)
conclusion of the investigation, the judge may issue a
warrant of arrest if he finds after an examination in writing
and under oath of the complainant and his witnesses in
PRELIMINARY INVESTIGATION:
QUESTION:
1. Its purpose; Supposed there is no Preliminary Investigation
2. Period to conduct PI; (PI), can the accused file a motion to quash the
3. Resolution; information?
4. In case of inquest proceedings; requirements;
5. Remedy; ANSWER:
NO. In this jurisdiction PI in criminal cases is not a
1. ITS PURPOSE creation of the constitution; its origin is statutory and it
exists and the right thereto can be invoked when so
Is preliminary investigation mandatory? established and granted by law. But the absence of PI
does not affect the jurisdiction of the court over the case.
A preliminary investigation is required to be conducted It does not impair the validity of the information; it does
before the filing of a complaint or criminal information in not render the information defective. However, if there
court where the penalty for the offense is at least 4 years, were no PI and the accused, before entering his plea,
2 months and 1 day, without regard to the fine (Section 1, invoke the PI, the court instead of dismissing the
Rule 112) information should order the fiscal to conduct the PI.
In of one the cases decided by SC, the purpose of PI is Can the the absence of PI affects the jurisdiction of the
to free a citizen not only from arbitrary arrest and court over the case.
punishment but from unwarranted and vexatious
prosecution and to protect him from the trouble, expense Answer: NO. It does not impair the validity of the
and anxiety of a public trial, and also to protect the state information; it does not render the information defective.
from useless and expensive trial. (Salonga vs. Paño,
1985)
QUESTION:
The purpose of PI is to secure the innocent against Supposed there is no Preliminary Investigation
hasty, malicious, and oppressive prosecution and to (PI) but still the case filed in court, can the accused file a
protect him from an open and public accusation of crime motion to quash on the ground of lack of preliminary
from trouble, expense and anxiety of a public trial, and investigation?
also to protect the state from useless and expensive trial.
(Salonga vs. Paño, 1985)
ANSWER: CAN THE LACK/ IRREGULARITY of PI is a ground to
dismiss the case.
No. The right to PI is not a constitutional right but it
is merely a statutory right. Answer: NO.

In our jurisdiction, the right to PI is given in cases where

the penalty is 4 years, 2 months and 1 day and because Can preliminary investigation be waived?
is given by law (statutory right) it is part of the right to due
process, lack of PI does not affect the jurisdiction of the Before the complaint or information is filed by the
court. Therefore, a motion to quash cannot availed of, a prosecutor, the person arrested may ask for a preliminary
motion to quash is not proper instead the accused may investigation but he or she must sign a waiver of the
file a motion for reinvestigation and the court cannot deny provision of Article 125 of the Revised Penal Code,
his motion because right to PI is part his right to due as amended, in the presence of his counsel.
process.
If the court does not give him his right to purpose Note: Motion to dismiss in violation of the
of preliminary investigation when invoked by him, the constitutional rights of due process. It should be
action of the judge constitute grave abuse of discretion noted that the arresting officer shall dismiss the
and therefore he can challenge the order of the judge person after the reglementary period.
through a petition for certiorari.
D. PRELIMINARY INVESTIGATION

NOTE// Definition: It is an inquiry or a proceeding to determine

whether there is sufficient ground to engender a well-
The lack of PI is not a jurisdiction issue but founded belief that a crime has been committed and that
only a part of due process. The lack/ irregularity of PI the respondent is probably guilty thereof and should be
is not a ground to dismiss the case. The only remedy held for trial (Rule 112, Sec. 1).
if not given/ denied by the prosecutor is to invoke it
in court. If it is not been given by the court, can It is purely executive in nature. The courts can only come
challenge the order through petition for certiorari. in when there is grave abuse of discretion on the part of
the prosecution. PI is based on probable cause. It does
not import absolute certainty, and need not be based on
clear and convincing evidence. The investigating officer
acts upon reasonable belief. It implies probability of guilt
and requires more than bare suspicion but less than evidence. The merits and validity of the accusation or
evidence to justify a conviction. defense and the admissibility of testimonies and
evidence are better ventilated during trial (Ricaforte v.
When Required Jurado, G.R. No. 154428, Sept. 5, 2007).

General Rule: BEFORE the filing of a complaint or The right to a preliminary investigation is a personal right
information for an offense where the penalty prescribed and may be waived expressly or by implication (People v.
by law is at least 4 years, 2 months and 1 day without Lazo, G.R. No. 75367. June 19, 1991).
regard to the fine.
Lack of preliminary investigation is not a ground to quash
Exception: If the accused was lawfully arrested without or dismiss a complaint or information, nor does it affect
warrant (Rule 112, Sec. 1). the court’s jurisdiction (Pilapil v. Sandiganbayan, G.R.
No. 101978. April 7, 1993). If there was no preliminary
The dismissal of the case by the investigator will not investigation and an objection was raised, the court,
constitute double jeopardy and will not bar the filing of instead of dismissing the complaint or information, should
another complaint for the same offense, but if refiled, the order the conduct of such investigation (Estrada v.
accused is entitled to another preliminary investigation. Ombudsman, G.R. 212140-41, 2015).

1. Nature of right Right to Speedy Disposition of Cases in Preliminary

Investigation
The right of an accused to a preliminary investigation is
not a constitutional but merely a statutory right. Inordinate delay in the resolution of the preliminary
Nonetheless, it is a component part of due process in investigation when unjustified violates the accused right
criminal justice and is a substantive right. It is subject to to speedy disposition of cases (J. Caguioa, Perez v.
the requirements of both substantive and procedural due Sandiganbayan, G.R. No. 245862, 2020).
process (Duterte v. Sandiganbayan, G.R. No. 130191.
April 27, 1998) Waiver

A preliminary investigation is not a trial and does not Failure of accused to invoke his right to a preliminary
involve the examination of witnesses by way of direct or investigation constituted a waiver of such right and any
cross-examinations (Bautista v. CA, G.R. No. 143375, irregularity that attended it. The right may be forfeited by
July 6, 2001). Preliminary investigation is not the inaction and can no longer be invoked for the first time at
occasion for the full and exhaustive display of the parties’ the appellate level. (People v. Liwanag y Buenaventura,
G.R. No. 120468, 2001) Failure to request it within 5 If the accused is already arraigned, he waives his right to
days from the time he learns of the filing of the complaint preliminary investigation.
or information in those instances where the accused is
lawfully arrested without a warrant (Rule 112, Sec. 6). NOTE: This rule has been partially amended by A.M. 05-
0-8-26-SC. The amendments took effect on October 3,
No Right of Preliminary Investigation: When a person 2005. The amendment removed the conduct of
is lawfully arrested without a warrant unless there is a preliminary investigation from the judges of the first level
waiver of the provisions of Article 125 of the Revised courts.
Penal Code.
Purposes of preliminary investigation
NOTE: Article 125 of the Revised Penal Code provides
for the periods within which the public officer or employee Purposes:
detaining a person for some legal ground is directed to
deliver such person to the judicial authorities (12, 18 or 1. To determine whether a crime has been committed
36 hours depending upon the penalties prescribed for the and whether there is probable cause to believe that the
offense). accused is guilty thereof.

HOWEVER: The Accused Can Ask for Preliminary NOTE: Probable cause for purposes of filing a
Investigation: If he is subjected to lawful arrest or inquest criminal information is defined as such facts as are
proceeding, he can ask for preliminary investigation sufficient to engender a well-founded belief that a
BEFORE the filing of the complaint/ information BUT he crime has been committed and that the
must sign a waiver in accordance with Article 125, respondent is probably guilty thereof. Probable
Revised Penal Code. cause, although it requires less than evidence
justifying a conviction, demands more than bare
NOTE: By virtue of Section 2 of RA 7438, any waiver by suspicion.
the person arrested or detained or under custodial
investigation shall be in writing, signed by such person in 2. To preserve evidence and keep the witnesses within
the presence of his counsel, otherwise such waiver shall the control of the State.
be null and void.
3. To determine the amount of bail, if the offense is
AFTER the filing of the information/complaint, the bailable.
accused may, within 5 days from the time he learns of its
filing ask for preliminary investigation.
 NOTE: It must be stressed that a preliminary sufficient ground to engender a well-founded belief
investigation is essentially prefatory and that a crime has been committed and that the
inquisitorial. It is not a trial based on the merits of respondent is herein guilty. If he finds probable
the case. cause, he executes a certification at the bottom of
the information. However, such certification by
4. Resolution of investigation prosecutor itself is ineffective and not binding to the court. It
cannot be the sole basis for the finding of probable
After having filed the information, the prosecutor is called cause of the trial judge. (Samuel Lee v. KBC Bank
upon to prosecute the case in court. At this stage, unlike N.V., G.R. No. 164673, 2010).
judges who are mandated to display cold neutrality in
hearing cases, the prosecutors are not required to divest
themselves of their personal convictions and refrain from
exhibiting partiality. But while he may strike hard blows, REMEDIES OF ACCUSED IF THERE WAS NO
he is not at liberty to strike foul ones. PRELIMINARY INVESTIGATION REMEDIES OF THE
ACCUSED:

1. Before a complaint or information is filed, he may ask

The Prosecutor shall Certify Under Oath in the for a preliminary investigation but he must sign a waiver
Information that: of the provision of Art. 125 of the RPC in the presence of
his counsel; if it is refused, he may file a petition for
1. He or she, or an authorized officer personally certiorari
examined the complainant and his witnesses;
2. After the filing of the complaint or information in court
2. There is reasonable ground that a crime has been without a preliminary investigation, the accused may,
committed and the accused is probably guilty thereof; within 5 days from the time he learns of its filing, ask for a
Preliminary Investigation (Sec. 6 Rule 112);
3. The accused was informed of the complaint and of the
evidence against him/her; and 4. The accused was given 3. Refuse to enter a plea upon arraignment and object to
an opportunity to submit controverting evidence (Rule further proceedings upon such ground;
112, Sec. 4).
4. Raise lack of preliminary investigation as error on
Note: Under Sec. 1 Rule 112, the investigating appeal (US v. Banzuela, 1915);
prosecutor is tasked to determine whether there is
5. File for prohibition (Conde v. CFI, 1923). Section 3. Duty of arresting officer. — It shall be the duty
of the officer executing the warrant to arrest the accused
Note: The absence of a preliminary investigation and to deliver him to the nearest police station or jail
does not impair the validity of the information or without unnecessary delay. (3a)
otherwise render it defective. Neither does it affect
the jurisdiction of the court or constitute a ground Section 4. Execution of warrant. — The head of the
for quashing the information. The trial court, office to whom the warrant of arrest was delivered for
instead of dismissing the information, should hold execution shall cause the warrant to be executed within
in abeyance the proceedings and order the public ten (10) days from its receipt. Within ten (10) days after
prosecutor to conduct a preliminary investigation. the expiration of the period, the officer to whom it was
(Villaflor v. Viva, G.R. No. 134744, 2001) assigned for execution shall make a report to the judge
who issued the warrant. In case of his failure to execute
the warrant, he shall state the reasons therefor. (4a)

Section 5. Arrest without warrant; when lawful. — A

peace officer or a private person may, without a warrant,
RULE 113 arrest a person:

Arrest (a) When, in his presence, the person to be

arrested has committed, is actually committing, or
Section 1. Definition of arrest. — Arrest is the taking of a is attempting to commit an offense;
person into custody in order that he may be bound to
answer for the commission of an offense. (1) (b) When an offense has just been committed, and
he has probable cause to believe based on
Section 2. Arrest; how made. — An arrest is made by an personal knowledge of facts or circumstances that
actual restraint of a person to be arrested, or by his the person to be arrested has committed it; and
submission to the custody of the person making the
arrest. (c) When the person to be arrested is a prisoner
who has escaped from a penal establishment or
No violence or unnecessary force shall be used in place where he is serving final judgment or is
making an arrest. The person arrested shall not be temporarily confined while his case is pending, or
subject to a greater restraint than is necessary for his has escaped while being transferred from one
detention. (2a) confinement to another.
In cases falling under paragraph (a) and (b) above, the person to be arrested of the intention to arrest him and
person arrested without a warrant shall be forthwith cause of the arrest, unless the latter is either engaged in
delivered to the nearest police station or jail and shall be the commission of an offense, is pursued immediately
proceeded against in accordance with section 7 of Rule after its commission, or has escaped, flees, or forcibly
112. (5a) resists before the person making the arrest has
opportunity to so inform him, or when the giving of such
Section 6. Time of making arrest. — An arrest may be information will imperil the arrest. (9a)
made on any day and at any time of the day or night. (6)
Section 10. Officer may summon assistance. — An
Section 7. Method of arrest by officer by virtue of officer making a lawful arrest may orally summon as
warrant. — When making an arrest by virtue of a warrant, many persons as he deems necessary to assist him in
the officer shall inform the person to be arrested of the effecting the arrest. Every person so summoned by an
cause of the arrest and of the fact that a warrant has officer shall assist him in effecting the arrest when he can
been issued for his arrest, except when he flees or render such assistance without detriment to himself.
forcibly resists before the officer has opportunity to so (10a)
inform him, or when the giving of such information will
imperil the arrest. The officer need not have the warrant Section 11. Right of officer to break into building or
in his possession at the time of the arrest but after the enclosure. — An officer, in order to make an arrest either
arrest, if the person arrested so requires, the warrant by virtue of a warrant, or without a warrant as provided in
shall be shown to him as soon as practicable. (7a) section 5, may break into any building or enclosure
where the person to be arrested is or is reasonably
Section 8. Method of arrest by officer without warrant. — believed to be, if he is refused admittance thereto, after
When making an arrest without a warrant, the officer announcing his authority and purpose. (11a)
shall inform the person to be arrested of his authority and
the cause of the arrest, unless the latter is either Section 12. Right to break out from building or
engaged in the commission of an offense, is pursued enclosure. — Whenever an officer has entered the
immediately after its commission, has escaped, flees or building or enclosure in accordance with the preceding
forcibly resists before the officer has opportunity so to section, he may break out therefrom when necessary to
inform him, or when the giving of such information will liberate himself. (12a)
imperil the arrest. (8a)
Section 13. Arrest after escape or rescue. — If a person
Section 9. Method of arrest by private person. — When lawfully arrested escapes or is rescued, any person may
making an arrest, a private person shall inform the
immediately pursue or retake him without a warrant at
any time and in any place within the Philippines. (13) Neither the application of actual force, manual touching
of the body, or physical restraint, nor a formal declaration
Section 14. Right of attorney or relative to visit person of arrest, is required. It is enough that there be an
arrested. — Any member of the Philippine Bar shall, at intention on the part of one of the parties to arrest the
the request of the person arrested or of another acting in other, and that there be an intent on the part of the other
his behalf, have the right to visit and confer privately with to submit, under the belief and impression that
such person in the jail or any other place of custody at submission is necessary.
any hour of the day or night. Subject to reasonable
regulations, a relative of the person arrested can also Section 5, Rule 113 of the Revised Rules of Criminal
exercise the same right. (14a) Procedure provides that:

"Sec. 5. Arrest without warrant; when lawful. A peace

officer or a private person may, without a warrant, arrest
Arrest; a person:
a. Order of probable cause for issuance of WA
b. Body worn camera requirement; (a) When, in his presence, the person to be arrested has
c. Period of execution; committed, is actually committing, or is attempting to
d. Return of WA commit an offense;- FLAGRANTE DELICTO
e. Submission of person arrested;
f. Commitment order; (b) When an offense has just been committed and he
has probable cause to believe based on personal
ARREST knowledge of facts or circumstances that the person to
A. ORDER OF PROBABLE CAUSE FOR be arrested has committed it; and- ARREST IN HOT
ISSUANCE OF WA PURSUIT.

 RULE 113 ARREST (c) When the person to be arrested is a prisoner who has
escaped from a penal establishment or place where he is
Arrest is the taking of a person into custody in order that serving final judgment or is temporarily confined while his
he or she may be bound to answer for the commission of case is pending, or has escaped while being transferred
an offense. It is effected by an actual restraint of the from one confinement to another.
person to be arrested or by that person’s voluntary
submission to the custody of the one making the arrest.
 reach for a weapon or for evidence to destroy, and
Paragraph (a) is what is known as arrest in flagrante seize any money or property found which was used
delicto while paragraph (b) is known as arrest in hot in the commission of the crime, or the fruit of the
pursuit. crime, or that which may be used as evidence, or
which might furnish the arrestee with the means of
In arrest in flagrante delicto two (2) elements must escaping or committing violence. 
concur, namely:
Here, there could have been no valid in
(a) the person to be arrested must execute an overt act flagrante delicto or hot pursuit arrest preceding the
indicating that he has just committed, is actually search in light of the lack of personal knowledge on
committing, or is attempting to commit a crime; and the part of Yu, the arresting officer, or an overt
physical act, on the part of petitioner, indicating that
(b) such overt act is done in the presence or within the a crime had just been committed, was being
view of the arresting officer. On the other hand, arrest in committed or was going to be committed.
hot pursuit requires for its application that at the time of
A lawful arrest may be effected with or
the arrest, an offense had in fact just been committed
without a warrant. With respect to the latter, the
and the arresting officer had personal knowledge of facts
parameters of Section 5, Rule 113 of the Revised
indicating that the accused had committed it (Sindac vs.
Rules of Criminal Procedure should - as a general
People, September 6, 2016, 802 SCRA 270)
rule - be complied with:
The Supreme Court held, that: Section 5. Arrest without warrant; when
lawful. - A peace officer or a private person may,
“In a search incidental to a lawful arrest, as without a warrant arrest a person:
the precedent arrest determines the validity of the
incidental search, the legality of the arrest is (a) When, in his presence, the person to be
questioned in a large majority of these cases, e.g., arrested has committed, is actually committing, or is
whether an arrest was merely used as a pretext for attempting to commit an offense;
conducting a search.  In this instance, the law
requires that there first be a lawful arrest before a (b) When an offense has just been
search can be made — the process cannot be committed and he has probable cause to believe
reversed.37 At bottom, assuming a valid arrest, the based on personal knowledge of facts or
arresting officer may search the person of the circumstances that the person to be arrested has
arrestee and the area within which the latter may committed it; and
 (c) When the person to be arrested is a requires for its application that at the time of the
prisoner who has escaped from a penal arrest, an offense had in fact just been committed
establishment or place where he is serving final and the arresting officer had personal knowledge of
judgment or is temporarily confined while his case is facts indicating that the accused had committed
pending, or has escaped while being transferred it.32
from one confinement to another.
In both instances, the officer's personal
In cases falling under paragraphs (a) and (b) knowledge of the fact of the commission of an
above, the person arrested without a warrant shall offense is essential. Under Section 5 (a), Rule 113
be forthwith delivered to the nearest police station of the Revised Rules of Criminal Procedure, the
or jail and shall be proceeded against in accordance officer himself witnesses the crime; while in Section
with Section 7 of Rule 112. 5 (b) of the same, he knows for a fact that a crime
has just been committed."
The aforementioned provision identifies three
(3) instances when warrantless arrests may be
lawfully effected. These are: (a) an arrest of a
suspect in flagrante delicto; (b) an arrest of a B. BODY WORN CAMERA REQUIREMENT
suspect where, based on personal knowledge of the  Rules on the Use of Body-Worn Cameras in the
arresting officer, there is probable cause that said
Execution of Warrants
suspect was the perpetrator of a crime which had
just been committed; and (c) an arrest of a prisoner  A.M. No. 21-06-08-SC
who has escaped from custody serving final  June 29, 2021
judgment or temporarily confined during the
pendency of his case or has escaped while being Based on the Supreme Court’s Administrative Matter 21-
transferred from one confinement to another.31 06-08-SC dated June 29, 2021, the failure of the law
enforcers to comply will render the evidence seized
In warrantless arrests made pursuant to
inadmissible for the prosecution of the offense for which
Section 5 (a), Rule 113, two (2) elements must
concur, namely: (a) the person to be arrested must the search warrant was applied.
execute an overt act indicating that he has just
committed, is actually committing, or is attempting Law enforcement officers are now required to use
to commit a crime; and (b) such overt act is done in body-worn cameras when implementing search and
the presence or within the view of the arresting arrest warrants.
officer. On the other hand, Section 5 (b), Rule 113
Likewise, the law enforcers who failed to wear interferes Law enforcers, as early as practicable shall inform the
with or manipulates the camera shall be liable for occupants of the premises subject of the search warrant
contempt of court. that it will be conducting a search warrant issued by the
court and that its execution is being recorded.
The new rule provides that law enforcers are required to The cameras’ video and audio recording functions shall
wear at least one body camera and one alternative be activated as soon as the law enforcers arrive at the
recording device. place to be searched.

If the body cameras are unavailable, the law enforcers

shall file a motion before the court and ask permission C. PERIOD OF EXECUTION
that they are allowed to use an alternative device for
justifiable reasons. Section 4. Execution of warrant. — The head of the
office to whom the warrant of arrest was delivered for
The cameras’ video and audio recording functions shall execution shall cause the warrant to be executed within
be activated as soon as the officers arrive at the place of ten (10) days from its receipt. Within ten (10) days after
arrest and shall not be deactivated only once the arrest the expiration of the period, the officer to whom it was
has been fully concluded and the law enforcers have assigned for execution shall make a report to the judge
taken the arrested person to the nearest detention who issued the warrant. In case of his failure to execute
facility. the warrant, he shall state the reasons therefor. (4a)

“Failure to observe the requirement for using body-worn Section 6. Time of making arrest. — An arrest may be
cameras or alternative recording devices shall not render made on any day and at any time of the day or night. (6)
the arrest unlawful or render the evidence obtained
inadmissible,” the High Court said.
It explained that facts surrounding the arrest may be
proved by the testimonies of the arresting officers, the D. RETURN OF WA
person arrested, and witnesses to the arrest.
E. SUBMISSION OF PERSON ARRESTED
Applicants for the search warrant shall indicate the
availability or unavailability of the body cameras. In case It is effected by an actual restraint of the person to be
of unavailability, request for the use of alternative arrested or by that person’s voluntary submission to the
recording devices. custody of the one making the arrest. Neither the
application of actual force, manual touching of the body,
or physical restraint, nor a formal declaration of arrest, is Modes of Arrest:
required. It is enough that there be an intention on the 1. Arrest by virtue of a warrant; and
part of one of the parties to arrest the other, and that 2. Arrest without a warrant under exceptional
there be an intent on the part of the other to submit, circumstances as may be provided by statute.
under the belief and impression that submission is
necessary. Duty of Arresting Officer
1. Arrest the accused; and
F. COMMITMENT ORDER 2. Deliver him to the nearest police station or jail
without unnecessary delay (Rule 113, Sec. 3).

COMMITMENT ORDER - a written order of the court,

or any agency authorized by law to issue, entrusting
an inmate to a jail for the purpose of safekeeping Execution of Warrant
during the pendency of his/her case. A warrant of arrest has no expiry date. It remains valid
until arrest is effected or the warrant is lifted.
Note: issuance of petition for the habeas corpus is
moot and academic. However, head of the office shall cause the warrant to be
executed within 10 days from receipt thereof.

Within 10 days after expiration of the period, the arresting

ARREST (Rule 113) officer assigned to execute the same shall submit a
report to the judge who issued the warrant. In case of his
1. ARREST, HOW MADE failure to execute the warrant, he shall state the reasons
thereof (Rule 113, Sec. 4).
Arrest It is the taking of a person into custody in order
that he may be bound to answer for the commission of an
offense. (Rule 113, Sec. 1)
Unlike a search warrant, the validity of which is limited to
How an Arrest is Made ten days, after which it becomes void (Rule 126, Section
1. By actual restraint of the person to be arrested; or 10), no time limit is fixed for the validity of a warrant of
2. By his/her submission to the custody of the arrest. The arrest warrant continues to be in force so long
as it has not been recalled or the person named therein
arrested or had otherwise submitted himself to the irrespective of whether the case was originally
jurisdiction of the court. This must be so, for the return filed in or appealed to it;
mentioned in the section refers not to the physical
delivery of the very same copy of the process to the (b) The accused shall appear before the proper
issuing court, but to the report of the officer charged with court whenever required by the court of these
its execution on the action taken by him thereon. Rules;

In short, the 10-day period provided in Rule 113, Section (c) The failure of the accused to appear at the trial
4 is only a directive to the officer executing the warrant to without justification and despite due notice shall be
make a return to the court. (People vs. Givera, G.R. No. deemed a waiver of his right to be present thereat.
132159, 2001) In such case, the trial may proceed in absentia;
and

RULE 114 (d) The bondsman shall surrender the accused to

the court for execution of the final judgment.
Bail
The original papers shall state the full name and address
Section 1. Bail defined. — Bail is the security given for of the accused, the amount of the undertaking and the
the release of a person in custody of the law, furnished conditions herein required. Photographs (passport size)
by him or a bondsman, to guarantee his appearance taken within the last six (6) months showing the face, left
before any court as required under the conditions and right profiles of the accused must be attached to the
hereinafter specified. Bail may be given in the form of bail. (2a)
corporate surety, property bond, cash deposit, or
recognizance. (1a) Section 4. Bail, a matter of right; exception. — All
persons in custody shall be admitted to bail as a matter
Section 2. Conditions of the bail; requirements. — All of right, with sufficient sureties, or released on recognize
kinds of bail are subject to the following conditions: as prescribed by law or this Rule (a) before or after
conviction by the Metropolitan Trial Court, Municipal Trial
(a) The undertaking shall be effective upon Court, Municipal Trial Court in Cities, or Municipal Circuit
approval, and unless cancelled, shall remain in Trial Court, and (b) before conviction by the Regional
force at all stages of the case until promulgation of Trial Court of an offense not punishable by
the judgment of the Regional Trial Court, death, reclusion perpetua, or life imprisonment. (4a)
Section 5. Bail, when discretionary. — Upon conviction (d) That the circumstances of his case indicate the
by the Regional Trial Court of an offense not punishable probability of flight if released on bail; or
by death, reclusion perpetua, or life imprisonment,
admission to bail is discretionary. The application for bail (e) That there is undue risk that he may commit
may be filed and acted upon by the trial court despite the another crime during the pendency of the appeal.
filing of a notice of appeal, provided it has not transmitted
the original record to the appellate court. However, if the The appellate court may, motu proprio or on motion of
decision of the trial court convicting the accused changed any party, review the resolution of the Regional Trial
the nature of the offense from non-bailable to bailable, Court after notice to the adverse party in either case. (5a)
the application for bail can only be filed with and resolved
by the appellate court. Section 7. Capital offense of an offense punishable by
reclusion perpetua or life imprisonment, not bailable. —
Should the court grant the application, the accused may No person charged with a capital offense, or an offense
be allowed to continue on provisional liberty during the punishable by reclusion perpetua or life imprisonment,
pendency of the appeal under the same bail subject to shall be admitted to bail when evidence of guilt is strong,
the consent of the bondsman. regardless of the stage of the criminal prosecution. (7a)

If the penalty imposed by the trial court is imprisonment Section 8. Burden of proof in bail application. — At the
exceeding six (6) years, the accused shall be denied bail, hearing of an application for bail filed by a person who is
or his bail shall be cancelled upon a showing by the in custody for the commission of an offense punishable
prosecution, with notice to the accused, of the following by death, reclusion perpetua, or life imprisonment, the
or other similar circumstances: prosecution has the burden of showing that evidence of
guilt is strong. The evidence presented during the bail
(a) That he is a recidivist, quasi-recidivist, or hearing shall be considered automatically reproduced at
habitual delinquent, or has committed the crime the trial, but upon motion of either party, the court may
aggravated by the circumstance of reiteration; recall any witness for additional examination unless the
latter is dead, outside the Philippines, or otherwise
(b) That he has previously escaped from legal unable to testify. (8a)
confinement, evaded sentence, or violated the
conditions of his bail without valid justification; Section 15. Recognizance. — Whenever allowed by law
or these Rules, the court may release a person in
(c) That he committed the offense while under custody to his own recognizance or that of a responsible
probation, parole, or conditional pardon; person. (15a)
Section 16. Bail, when not required; reduced bail or (b) Where the grant of bail is a matter of
recognizance. — No bail shall be required when the law discretion, or the accused seeks to be released on
or these Rules so provide. recognizance, the application may only be filed in
the court where the case is pending, whether on
When a person has been in custody for a period equal to preliminary investigation, trial, or on appeal.
or more than the possible maximum imprisonment
prescribe for the offense charged, he shall be released (c) Any person in custody who is not yet charged
immediately, without prejudice to the continuation of the in court may apply for bail with any court in the
trial or the proceedings on appeal. If the maximum province, city, or municipality where he is held.
penalty to which the accused may be sentenced (17a)
is destierro, he shall be released after thirty (30) days of
preventive imprisonment. Section 19. Release on bail. — The accused must be
discharged upon approval of the bail by the judge with
A person in custody for a period equal to or more than whom it was filed in accordance with section 17 of this
the minimum of the principal penalty prescribed for the Rule.
offense charged, without application of the Indeterminate
Sentence Law or any modifying circumstance, shall be Whenever bail is filed with a court other than where the
released on a reduced bail or on his own recognizance, case is pending, the judge who accepted the bail shall
at the discretion of the court. (16a) forward it, together with the order of release and other
supporting papers, to the court where the case is
Section 17. Bail, where filed. — (a) Bail in the amount pending, which may, for good reason, require a different
fixed may be filed with the court where the case is one to be filed. (19a)
pending, or in the absence or unavailability of the judge
thereof, with any regional trial judge, metropolitan trial Section 21. Forfeiture of bond. — When the presence of
judge, municipal trial judge, or municipal circuit trial judge the accused is required by the court or these Rules, his
in the province, city, or municipality. If the accused is bondsmen shall be notified to produce him before the
arrested in a province, city, or municipality other than court on a given date and time. If the accused fails to
where the case is pending, bail may also be filed with any appear in person as required, his bail shall be declared
regional trial court of said place, or if no judge thereof is forfeited and the bondsmen given thirty (30) days within
available, with any metropolitan trial judge, municipal trial which to produce their principal and to show cause why
judge, or municipal circuit trial judge therein. no judgment should be rendered against them for the
amount of their bail. Within the said period, the
bondsmen must:
 (a) produce the body of their principal or give the allowed after the accused has commenced to serve
reason for his non-production; and sentence. (24a)

(b) explain why the accused did not appear before Section 26. Bail not a bar to objections on illegal
the court when first required to do so. arrest, lack of or irregular preliminary investigation. — An
application for or admission to bail shall not bar the
Failing in these two requisites, a judgment shall be accused from challenging the validity of his arrest or the
rendered against the bondsmen, jointly and severally, for legality of the warrant issued therefor, or from assailing
the amount of the bail. The court shall not reduce or the regularity or questioning the absence of a preliminary
otherwise mitigate the liability of the bondsmen, unless investigation of the charge against him, provided that he
the accused has been surrendered or is acquitted. (21a) raises them before entering his plea. The court shall
resolve the matter as early as practicable but not later
Section 22. Cancellation of bail. — Upon application of than the start of the trial of the case. (n)
the bondsmen, with due notice to the prosecutor, the bail
may be cancelled upon surrender of the accused or proof
of his death. 2. BAIL

The bail shall be deemed automatically cancelled upon a. Matter of right;

acquittal of the accused, dismissal of the case, or b. Matter of discretion
execution of the judgment of conviction. c. Forms of bail;
d. Where to file application and posting of bail;
In all instances, the cancellation shall be without BAIL (Rule 114)
prejudice to any liability on the bond. (22a)
1. NATURE
Section 24. No bail after final judgment; exception. — No
bail shall be allowed after the judgment of conviction has Bail It is the security given for the release of a person in
become final. If before such finality, the accused has custody of the law, furnished by him or a bondsman, to
applies for probation, he may be allowed temporary guarantee his appearance before any court as required
liberty under his bail. When no bail was filed or the under the conditions hereinafter specified. (Rule 114,
accused is incapable of filing one, the court may allow his Section 1)
release on recognizance to the custody of a responsible
member of the community. In no case shall bail be
 Note: The term “punishable” under Sections 4 1. Before conviction, in offenses punishable by death,
and 7 of Rule 114 refers to the prescribed and reclusion perpetua or life imprisonment
not imposable penalty. 2. After conviction by the RTC of a non-capital offense
(Rule 114, Sec. 5).

Purpose of Bail
1. To honor the presumption of innocence until his guilt is
proven beyond reasonable doubt;
2. To enable him to prepare his defense without being Note: Prosecution is entitled to present evidence for its
subject to punishment prior to conviction. denial. In hearing the petition for bail, the prosecution has
the burden of showing that the evidence of guilt is strong
Note: In order to be able to avail of bail, there must pursuant to § 8 Rule 114. In bail proceedings, the
be either: a) custody over the person or b) prosecution must be given ample opportunity to show
voluntary surrender (Paderanga v. CA, G.R. No. that the evidence of guilt is strong. While the proceeding
115407 August 28, 1995) Forms of Bail: 1. is conducted as a regular trial, it must be limited to the
Corporate surety; 2. Property bond; 3. Cash determination of the bailability of the accused. It should
deposit; and 4. Recognizance (Rule 114, Sec. 1) be brief and speedy, lest the purpose for which it is
available is rendered nugatory.

WHEN A MATTER OF RIGHT; EXCEPTIONS The test is not whether the evidence establishes guilt
beyond reasonable doubt but rather whether it shows
When Bail is a Matter of Right: evident guilt or a great presumption of guilt. As such, the
court is ministerially bound to decide which
1. Before or after conviction by the MTC; and circumstances and factors are present which would show
2. Before conviction by RTC for all offenses punishable evident guilt or presumption of guilt.
by lower than death, reclusion perpetua, or life
imprisonment (Rule 114, Sec. 4)
The hearing determining the grant of bail as a matter of
Note: Prosecution does not have the right to oppose or to discretion is indispensable. Said hearing may be either
present evidence for its denial. summary or otherwise, in the discretion of the court.

Note: The Covid-19 Pandemic does not dispense with

When Bail is a Matter of Discretion: the need for the summary hearing to determine eligibility
and the amount of bail, when such is a matter of After appeal is perfected, the trial court loses jurisdiction
discretion. As the petitioners are charged with offenses to grant bail and to approve bail bond. However, the
punishable by reclusion perpetua, bail hearing must still accused may apply for bail or provisional liberty with the
be conducted to determine whether the evidence of guilt appellate court.
is strong (In the Matter of the Urgent Petition for the
Release of Prisoners on Humanitarian Grounds in the If the penalty imposed by the trial court is
Midst of the COVID-19 Pandemic, Almonte v. People, imprisonment exceeding 6 years, the accused shall
G.R. No. 252117, 2020) be denied bail or his bail be cancelled upon a
showing by the prosecution of the following:

Right to Bail May Be Waived 1. Accused is a recidivist, quasi-recidivist or habitual

The right to bail is personal in nature and is therefore, delinquent or has committed the crime aggravated by the
waivable. circumstance of reiteration;

2. That he has previously escaped from legal

confinement, evaded sentence or violated the condition
of his bail without valid justification
WHEN A MATTER OF DISCRETION
Trial court may grant bail before appeal is perfected 3. That he committed the offense while under probation,
parole or conditional pardon;
Whether bail is a matter of right or discretion, the trial
court may grant bail and approve the amount of the bail 4. That the circumstances of his case indicate the
bond before the accused has perfected his appeal, probability of flight if released on bail; or
appeal being perfected upon filing of a written notice of
appeal and furnishing the adverse party copy thereof. 5. That there is undue risk that he may commit another
crime during the pendency of the appeal.
Even if there is no notice of appeal, if the decision of the
TC convicting the accused changed the nature of the
offense from non-bailable to bailable, the application for
bail can only be filed with and resolved by the appellate RULE 115
court.
Rights of Accused
Section 1. Rights of accused at the trial. — In all criminal (e) To be exempt from being compelled to be a
prosecutions, the accused shall be entitled to the witness against himself.
following rights:
(f) To confront and cross-examine the witnesses
(a) To be presumed innocent until the contrary is against him at the trial. Either party may utilize as
proved beyond reasonable doubt. part of its evidence the testimony of a witness who
is deceased, out of or can not with due diligence
(b) To be informed of the nature and cause of the be found in the Philippines, unavailable or
accusation against him. otherwise unable to testify, given in another case
or proceeding, judicial or administrative, involving
(c) To be present and defend in person and by the same parties and subject matter, the adverse
counsel at every stage of the proceedings, from party having the opportunity to cross-examine him.
arraignment to promulgation of the judgment. The
accused may, however, waive his presence at the (g) To have compulsory process issued to secure
trial pursuant to the stipulations set forth in his bail, the attendance of witnesses and production of
unless his presence is specifically ordered by the other evidence in his behalf.
court for purposes of identification. The absence of
the accused without justifiable cause at the trial of (h) To have speedy, impartial and public trial.
which he had notice shall be considered a waiver
of his right to be present thereat. When an (i) To appeal in all cases allowed and in the
accused under custody escapes, he shall be manner prescribed by law. (1a)
deemed to have waived his right to be present on
all subsequent trial dates until custody over him is
regained. Upon motion, the accused may be
allowed to defend himself in person when it
sufficiently appears to the court that he can RULE 116
properly protect his right without the assistance of
counsel. Arraignment and Plea

(d) To testify as a witness in his own behalf but Section 1. Arraignment and plea; how made. —
subject to cross-examination on matters covered
by direct examination. His silence shall not in any (a) The accused must be arraigned before the
manner prejudice him. court where the complaint or information was filed
or assigned for trial. The arraignment shall be (f) The private offended party shall be required to
made in open court by the judge or clerk by appear at the arraignment for purposes of plea
furnishing the accused with a copy of the bargaining, determination of civil liability, and other
complaint or information, reading the same in the matters requiring his presence. In case of failure of
language or dialect known to him, and asking him the offended party to appear despite due notice,
whether he pleads guilty or not guilty. The the court may allow the accused to enter a plea of
prosecution may call at the trial witnesses other guilty to a lesser offense which is necessarily
than those named in the complaint or information. included in the offense charged with the
conformity of the trial prosecutor alone. (cir. 1-89)
(b) The accused must be present at the
arraignment and must personally enter his plea. (g) Unless a shorter period is provided by special
Both arraignment and plea shall be made of law or Supreme Court circular, the arraignment
record, but failure to do so shall not affect the shall be held within thirty (30) days from the date
validity of the proceedings. the court acquires jurisdiction over the person of
the accused. The time of the pendency of a motion
(c) When the accused refuses to plead or makes a to quash or for a bill of particulars or other causes
conditional plea, a plea of not guilty shall be justifying suspension of the arraignment shall be
entered for him. (1a) excluded in computing the period. (sec. 2, cir. 38-
98)
(d) When the accused pleads guilty but presents
exculpatory evidence, his plea shall be deemed Section 2. Plea of guilty to a lesser offense. — At
withdrawn and a plea of not guilty shall be entered arraignment, the accused, with the consent of the
for him. (n) offended party and the prosecutor, may be allowed by
the trial court to plead guilty to a lesser offense which is
(e) When the accused is under preventive necessarily included in the offense charged. After
detention, his case shall be raffled and its records arraignment but before trial, the accused may still be
transmitted to the judge to whom the case was allowed to plead guilty to said lesser offense after
raffled within three (3) days from the filing of the withdrawing his plea of not guilty. No amendment of the
information or complaint. The accused shall be complaint or information is necessary. (sec. 4, circ. 38-
arraigned within ten (10) days from the date of the 98)
raffle. The pre-trial conference of his case shall be
held within ten (10) days after arraignment. (n) Section 3. Plea of guilty to capital offense; reception of
evidence. — When the accused pleads guilty to a capital
offense, the court shall conduct a searching inquiry into the court shall order his mental examination and, if
the voluntariness and full comprehension of the necessary, his confinement for such purpose;
consequences of his plea and require the prosecution to
prove his guilt and the precise degree of culpability. The (b) There exists a prejudicial question; and
accused may present evidence in his behalf. (3a)
(c) A petition for review of the resolution of the
Section 4. Plea of guilty to non-capital offense; reception prosecutor is pending at either the Department of
of evidence, discretionary. — When the accused pleads Justice, or the Office of the President; provided,
guilty to a non-capital offense, the court may receive that the period of suspension shall not exceed
evidence from the parties to determine the penalty to be sixty (60) days counted from the filing of the
imposed. (4) petition with the reviewing office. (12a)

Section 5. Withdrawal of improvident plea of guilty. — At

any time before the judgment of conviction becomes 3. Arraignment;
final, the court may permit an improvident plea of guilty to
be withdrawn and be substituted by a plea of not guilty. a. Purpose;
(5) b. Personal appearance;
c. Plea of guilty to a lesser offense;
Section 9. Bill of particulars. — The accused may, before d. Plea of guilty to capital offense: requirement;
arraignment, move for a bill of particulars to enable him
properly to plead and to prepare for trial. The motion shall An arraignment is that stage where an accused, for the
specify the alleged defects of the complaint or first time, is granted the opportunity to know the precise
information and the details desired. (10a) charge against him.

Section 11. Suspension of arraignment. — Upon motion Without arraignment, the accused cannot invoke double
by the proper party, the arraignment shall be suspended jeopardy. Also without the accused being arraigned, he
in the following cases: cannot be tried in absentia.

(a) The accused appears to be suffering from an Duty of the Court before arraignment
unsound mental condition which effective renders 1. To inform the accused of his right to counsel.
him unable to fully understand the charge against 2. To ask him if he desires to get a private counsel.
him and to plead intelligently thereto. In such case, 3. To appoint a counsel de officio to defend him.
Options of the accused before he enters a plea: 2. When arraignment is to be made? (Sec 1 (a),
1. Move for a bill of particulars. The motion shall specify 3. Arraignment after submission of the case for
the alleged defects of the Information and shall specify decision?
the details desired. Yes, People vs. Pangilinan 518 SCARa 338 cited in
Riano’s Book.
2. Suspension of arraignment
i. There exists a prejudicial question 4. Presence of the accused.
ii. There is a petition for review of the resolution of 5. Presence of the offended party.
the prosecutor which is pending either at the Department
of Justice or Office of the President. 6. When a plea of not guilty shall be entered?
iii. The accused appears to be suffering from an (frequently asked in the bar)
unsound mental condition. 1. express plea of not guilty
2. he refuses to plead
3. Motion to quash 3. makes a conditional plea
4. when he pleads guilty but presents exculpatory
4. Challenge the validity of arrest or legality of the evidence in which case the guilty plea shall be withdrawn
warrant issued or assail the regularity or question and a plea of not guilty shall be entered (Sec (1) (d)
the absence of a preliminary investigation of the
charge Section 2- At arraignment, the accused with the consent
of the offended party and the prosecutor, may be allowed
Arraignment under an amended information and by the trial court to plead guilty to a lesser offense which
substituted information. is necessarily included in the offense charged.

If amendment is merely formal, no need of new

arraignment.
If substantial, arraigned the accused anew Plea bargaining-
Also in case of substituted information
Plea bargaining is a process whereby the accused and
Where arraignment is made? the prosecution work out a mutually satisfactory
The accused must be arraigned before the court where disposition of the case subject to court approval.
the complaint or information is filed or assigned for trial.
There is give and take negotiation common in plea
1. How arraignment is made? (Sec. 1 (a), Rule 116 bargaining.
The essence of the agreement is that both the - Duties of the court are mandatory
prosecution and the defense make concessions to avoid - Counsel de officio shall be given a reasonable
potential losses. time to consult with the accused as to his plea
before proceeding with the arraignment
Requisites of plea bargaining:
1. Consent of the accused OPTIONS OF THE ACCUSED BEFORE
2. Consent of the offended party ARRAIGNMENT:
3. Consent of the public prosecutor 1. Bill of particulars
4. The lesser offense is necessarily included in the 2. Suspension of arraignment
offense charged.
5. Approval of the Court. (Sayre vs. Hon. Xenos, 1. Accused appears to be suffering from unsound
G.R. Nos. 244413, 244415-16, February 18, 2020) mental condition - Court shall order his
confinement in hospital or asylum
2. Prejudicial question
3. Petition for review of the resolution of the
prosecutor
RULE 116 - The period shall not exceed 60 days
ARRAIGNMENT AND PLEA ARRAIGNMENT counted from the filing of the petition.
- After arraignment, the DOJ can no longer
An accused for the first time is granted the opportunity to entertain the appeal because it already
know the precise charge that confronts him. waived or abandoned the same.
- It is an indispensable part of due process. - Reading of
criminal complaint to the defendant 3. Motion to quash
- Without prior arraignment, the accused cannot invoke 4. Challenge the validity of the arrest or
doubt jeopardy legality of the warrant issued or assail the
- If no prior arraignment, NO TRIAL IN ABSENTIA DUTY regularity of PI
OF THE COURT - Must be assailed before arraignment or
else deemed waived
BEFORE ARRAIGNMENT: - A second motion for reconsideration in
1. Inform the accused of his right to counsel Ombudsman will not bar the arraignment of
2. Ask him if he desires to have one the accused
3. Assign a counsel de officio to defend him unless the
accused is allowed to defend himself in person
 - A plea before a court that has no Failure to arraign did not prejudice the
jurisdiction over the criminal action does not rights of the accused because he was
give rise to double jeopardy aware of the charges against him.
- If there is substantial amendment
- ARRAIGNMENT IS MANDATORY
If only of FORM - Not required
- Arraignment must be made before the
court where the complaint was filed

- It must be made in open court by the judge or clerk by

furnishing the accused with a copy of the complaint or RULE 117
information, reading the same in the language or dialect
known to him and asking him whether he pleads guilty or Motion to Quash
not guilty
Section 1. Time to move to quash. — At any time before
- It must be made within 30 days from the date the court entering his plea, the accused may move to quash the
acquires jurisdiction over the person of the accused – complaint or information. (1)

EXCLUDING: Section 2. Form and contents. — The motion to quash

- Time of the pendency of motion to quash shall be in writing, signed by the accused or his counsel
- Time for the pendency of Bill of particulars and shall distinctly specify its factual and legal grounds.
- Other justifiable causes The court shall consider no ground other than those
stated in the motion, except lack of jurisdiction over the
- After enter of plea, the accused shall have at offense charged. (2a)
least 15 days to prepare for trial
- The accused was not arraigned. And court Section 3. Grounds. — The accused may move to quash
rendered its decision. The accused interposed the the complaint or information on any of the following
infirmity that he was not yet arraigned. grounds:
- SC: The active participation of the counsel
in the hearing is a clear indication that he (a) That the facts charged do not constitute an
was fully aware of the charges against him. offense;
 (b) That the court trying the case has no If it is based on the ground that the facts charged do not
jurisdiction over the offense charged; constitute an offense, the prosecution shall be given by
the court an opportunity to correct the defect by
(c) That the court trying the case has no amendment. The motion shall be granted if the
jurisdiction over the person of the accused; prosecution fails to make the amendment, or the
complaint or information still suffers from the same defect
(d) That the officer who filed the information had despite the amendment. (n)
no authority to do so;
Section 5. Effect of sustaining the motion to quash. — If
(e) That it does not conform substantially to the the motion to quash is sustained, the court may order
prescribed form; that another complaint or information be filed except as
provided in section 6 of this rule. If the order is made, the
(f) That more than one offense is charged except accused, if in custody, shall not be discharged unless
when a single punishment for various offenses is admitted to bail. If no order is made or if having been
prescribed by law; made, no new information is filed within the time
specified in the order or within such further time as the
(g) That the criminal action or liability has been court may allow for good cause, the accused, if in
extinguished; custody, shall be discharged unless he is also in custody
for another charge. (5a)
(h) That it contains averments which, if true, would
constitute a legal excuse or justification; and Section 6. Order sustaining the motion to quash not a
bar to another prosecution; exception. — An order
(i) That the accused has been previously sustaining the motion to quash is not a bar to another
convicted or acquitted of the offense charged, or prosecution for the same offense unless the motion was
the case against him was dismissed or otherwise based on the grounds specified in section 3 (g) and (i) of
terminated without his express consent. (3a) this Rule. (6a)

Section 4. Amendment of the complaint or information. Section 7. Former conviction or acquittal; double

— If the motion to quash is based on an alleged defect of jeopardy. — When an accused has been convicted or
the complaint or information which can be cured by acquitted, or the case against him dismissed or otherwise
amendment, the court shall order that an amendment be terminated without his express consent by a court of
made. (4a) competent jurisdiction, upon a valid complaint or
information or other formal charge sufficient in form and
substance to sustain a conviction and after the accused Section 8. Provisional dismissal. — A case shall not be
had pleaded to the charge, the conviction or acquittal of provisionally dismissed except with the express consent
the accused or the dismissal of the case shall be a bar to of the accused and with notice to the offended party.
another prosecution for the offense charged, or for any
attempt to commit the same or frustration thereof, or for The provisional dismissal of offenses punishable by
any offense which necessarily includes or is necessarily imprisonment not exceeding six (6) years or a fine of any
included in the offense charged in the former complaint amount, or both, shall become permanent one (1) year
or information. after issuance of the order without the case having been
revived. With respect to offenses punishable by
However, the conviction of the accused shall not be a bar imprisonment of more than six (6) years, their provisional
to another prosecution for an offense which necessarily dismissal shall become permanent two (2) years after
includes the offense charged in the former complaint or issuance of the order without the case having been
information under any of the following instances: revived. (n)

(a) the graver offense developed due to Section 9. Failure to move to quash or to allege any
supervening facts arising from the same act or ground therefor. — The failure of the accused to assert
omission constituting the former charge; any ground of a motion to quash before he pleads to the
complaint or information, either because he did not file a
(b) the facts constituting the graver charge motion to quash or failed to allege the same in said
became known or were discovered only after a motion, shall be deemed a waiver of any objections
plea was entered in the former complaint or based on the grounds provided for in paragraphs (a), (b),
information; or (g), and (i) of section 3 of this Rule. (8)

(c) the plea of guilty to the lesser offense was

made without the consent of the prosecutor and of
the offended party except as provided in section 1
(f) of Rule 116.

In any of the foregoing cases, where the accused

satisfies or serves in whole or in part the judgment, he
shall be credited with the same in the event of conviction
for the graver offense. (7a)
RULE 118 Section 2. Pre-trial agreement. — All agreements or
admissions made or entered during the pre-trial
Pre-Trial conference shall be reduced in writing and signed by the
accused and counsel, otherwise, they cannot be used
Section 1. Pre-trial; mandatory in criminal cases. — In all against the accused. The agreements covering the
criminal cases cognizable by the Sandiganbayan, matters referred to in section 1 of this Rule shall be
Regional Trial Court, Metropolitan Trial Court, Municipal approved by the court. (sec. 4, cir. 38-98)
Trial Court in Cities, Municipal Trial Court and Municipal
Circuit Trial Court, the court shall after arraignment and Section 3. Non-appearance at pre-trial conference. — If
within thirty (30) days from the date the court acquires the counsel for the accused or the prosecutor does not
jurisdiction over the person of the accused, unless a appear at the pre-trial conference and does not offer an
shorter period is provided for in special laws or circulars acceptable excuse for his lack of cooperation, the court
of the Supreme Court, order a pre-trial conference to may impose proper sanctions or penalties. (se. 5, cir.
consider the following: 38-98)

(a) plea bargaining; Section 4. Pre-trial order. — After the pre-trial

conference, the court shall issue an order reciting the
(b) stipulation of facts; actions taken, the facts stipulated, and evidence marked.
Such order shall bind the parties, limit the trial to matters
(c) marking for identification of evidence of the not disposed of, and control the course of the action
parties; during the trial, unless modified by the court to prevent
manifest injustice. (3)
(d) waiver of objections to admissibility of
evidence;

(e) modification of the order of trial if the accused

admits the charge but interposes a lawful defense;
and

(f) such other matters as will promote a fair and

expeditious trial of the criminal and civil aspects of
the case. (secs. 2 and 3, cir. 38-98)
RULE 119 (a) Any period of delay resulting from other proceedings
concerning the accused, including but not limited to the
Trial following:

Section 1. Time to prepare for trial. — After a plea of (1) Delay resulting from an examination of the
not guilty is entered, the accused shall have at least physical and mental condition of the accused;
fifteen (15) days to prepare for trial. The trial shall
commence within thirty (30) days from receipt of the (2) Delay resulting from proceedings with respect
pre-trial order. (sec. 6, cir. 38-98) to other criminal charges against the accused;

Section 2. Continuous trial until (3) Delay resulting from extraordinary remedies
terminated; postponements. — Trial once commenced against interlocutory orders;
shall continue from day to day as far as practicable until
terminated. It may be postponed for a reasonable period (4) Delay resulting from pre-trial proceedings;
of time for good cause. (2a) provided, that the delay does not exceed thirty
(30) days;
The court shall, after consultation with the prosecutor and
defense counsel, set the case for continuous trial on a (5) Delay resulting from orders of inhibition, or
weekly or other short-term trial calendar at the earliest proceedings relating to change of venue of cases
possible time so as to ensure speedy trial. In no case or transfer from other courts;
shall the entire trial period exceed one hundred eighty
(180) days from the first day of trial, except as otherwise (6) Delay resulting from a finding of the existence
authorized by the Supreme Court. (sec. 8, cir. 38-98). of a prejudicial question; and

The time limitations provided under this section and the (7) Delay reasonably attributable to any period, not
preceding section shall not apply where special laws or exceed thirty (30) days, during which any
circulars of the Supreme Court provide for a shorter proceeding which any proceeding concerning the
period of trial. (n) accused is actually under advisement.

Section 3. Exclusions. — The following periods of delay (b) Any period of delay resulting from the absence or
shall be excluded in computing the time within which trial unavailability of an essential witness.
must commence:
For purposes of this subparagraph, an essential witness Section 4. Factors for granting continuance. — The
shall be considered absent when his whereabouts are following factors, among others, shall be considered by a
unknown or his whereabouts cannot be determined by court in determining whether to grant a continuance
due diligence. He shall be considered unavailable under section 3(f) of this Rule.
whenever his whereabouts are known but his presence
for trial cannot be obtained by due diligence. (a) Whether or not the failure to grant a
continuance in the proceeding would likely make a
(c) Any period of delay resulting from the mental continuation of such proceeding impossible or
incompetence or physical inability of the accused to result in a miscarriage of justice; and
stand trial.
(b) Whether or not the case taken as a whole is so
(d) If the information is dismissed upon motion of the novel, unusual and complex, due to the number of
prosecution and thereafter a charge is filed against the accused or the nature of the prosecution, or that it
accused for the same offense, any period of delay from is unreasonable to expect adequate preparation
the date the charge was dismissed to the date the time within the periods of time established therein.
limitation would commence to run as to the subsequent
charge had there been no previous charge. In addition, no continuance under section 3(f) of this Rule
shall be granted because of congestion of the court's
(e) A reasonable period of delay when the accused is calendar or lack of diligent preparation or failure to obtain
joined for trial with a co-accused over whom the court available witnesses on the part of the prosecutor. (sec.
has not acquired jurisdiction, or, as to whom the time for 10, cir. 38-98)
trial has not run and no motion for separate trial has been
granted. Section 5. Time limit following an order for new trial. — If
the accused is to be tried again pursuant to an order for a
(f) Any period of delay resulting from a continuance new trial, the trial shall commence within thirty (30) days
granted by any court motu proprio, or on motion of either from notice of the order, provided that if the period
the accused or his counsel, or the prosecution, if the becomes impractical due to unavailability of witnesses
court granted the continuance on the basis of its findings and other factors, the court may extend it but not to
set forth in the order that the ends of justice served by exceed one hundred eighty (180) days from notice of
taking such action outweigh the best interest of the public said order for a new trial. (sec. 11, cir. 38-98)
and the accused in a speedy trial. (sec. 9, cir. 38-98)
Section 6. Extended time limit. — Notwithstanding the
provisions of section 1(g), Rule 116 and the preceding
section 1, for the first twelve-calendar-month period (c) Upon receipt of such notice, the public attorney
following its effectivity on September 15, 1998, the time shall promptly seek to obtain the presence of the
limit with respect to the period from arraignment to trial prisoner for trial.
imposed by said provision shall be one hundred eighty
(180) days. For the second twelve-month period, the limit (d) When the custodian of the prisoner receives
shall be one hundred twenty (120) days, and for the third from the public attorney a properly supported
twelve-month period, the time limit shall be eighty (80) request for the availability of the prisoner for
days. (sec. 7, cir. 38-98) purposes of trial, the prisoner shall be made
available accordingly. (sec. 12, cir. 38-98)
Section 7. Public attorney's duties where accused is
imprisoned. — If the public attorney assigned to defend a Section 8. Sanctions. — In any case in which private
person charged with a crime knows that the latter is counsel for the accused, the public attorney, or the
preventively detained, either because he is charged with prosecutor.
a bailable crime but has no means to post bail, or, is
charged with a non-bailable crime, or, is serving a term of (a) Knowingly allows the case to be set for trial
imprisonment in any penal institution, it shall be his duty without disclosing that a necessary witness would
to do the following: be unavailable for trial;

(a) Shall promptly undertake to obtain the (b) Files a motion solely for delay which he knows
presence of the prisoner for trial or cause a notice is totally frivolous and without merit;
to be served on the person having custody of the
prisoner requiring such person to so advise the (c) Makes a statement for the purpose of obtaining
prisoner of his right to demand trial. continuance which he knows to be false and which
is material to the granting of a continuance; or
(b) Upon receipt of that notice, the custodian of the
prisoner shall promptly advise the prisoner of the (d) Willfully fails to proceed to trial without
charge and of his right to demand trial. If at justification consistent with the provisions hereof,
anytime thereafter the prisoner informs his the court may punish such counsel, attorney, or
custodian that he demands such trial, the latter prosecution, as follows:
shall cause notice to that effect to sent promptly to
the public attorney. (1) By imposing on a counsel privately
retained in connection with the defense of
 an accused, a fine not exceeding twenty Section 10. Law on speedy trial not a bar to provision on
thousand pesos (P20,000.00); speedy trial in the Constitution. — No provision of law on
speedy trial and no rule implementing the same shall be
(2) By imposing on any appointed interpreted as a bar to any charge of denial of the right to
counsel de oficio, public attorney, or speedy trial guaranteed by section 14(2), article III, of the
prosecutor a fine not exceeding five 1987 Constitution. (sec. 15, cir. 38-98)
thousand pesos (P5,000.00); and
Section 11. Order of trial. — The trial shall proceed in
(3) By denying any defense counsel or the following order:
prosecutor the right to practice before the
court trying the case for a period not (a) The prosecution shall present evidence to
exceeding thirty (30) days. The punishment prove the charge and, in the proper case, the civil
provided for by this section shall be without liability.
prejudice to any appropriate criminal action
or other sanction authorized under these (b) The accused may present evidence to prove
rules. (sec. 13, cir. 38-98) his defense, and damages, if any, arising from the
issuance of a provisional remedy in the case.
Section 9. Remedy where accused is not brought to trial
within the time limit. — If the accused is not brought to (c) The prosecution and the defense may, in that
trial within the time limit required by Section 1(g), Rule order, present rebuttal and sur-rebuttal evidence
116 and Section 1, as extended by Section 6 of this rule, unless the court, in furtherance of justice, permits
the information may be dismissed on motion of the them to present additional evidence bearing upon
accused on the ground of denial of his right of speedy the main issue.
trial. The accused shall have the burden of proving the
motion but the prosecution shall have the burden of going (d) Upon admission of the evidence of the parties,
forward with the evidence to establish the exclusion of the case shall be deemed submitted for decision
time under section 3 of this rule. The dismissal shall be unless the court directs them to argue orally or to
subject to the rules on double jeopardy. submit written memoranda.

Failure of the accused to move for dismissal prior to trial (e) When the accused admits the act or omission
shall constitute a waiver of the right to dismiss under this charged in the complaint or information but
section. (sec. 14, cir. 38-98) interposes a lawful defense, the order of trial may
be modified. (3a)
Section 12. Application for examination of witness for Sec. 14. Bail to secure appearance of material witness. –
accused before trial. — When the accused has been held When the court is satisfied, upon proof of oath, that a
to answer for an offense, he may, upon motion with material witness will not testify when required, it may,
notice to the other parties, have witnesses conditionally upon motion of either party, order the witness to post bail
examined in his behalf. The motion shall state: (a) the in such sum as may be deemed proper. Upon refusal to
name and residence of the witness; (b) the substance of post bail, the court shall commit him to prison until he
his testimony; and (c) that the witness is sick or infirm as complies or is legally discharged after his testimony has
to afford reasonable ground for believing that he will not been taken.
be able to attend the trial, or resides more than one
hundred (100) kilometers from the place of trial and has
no means to attend the same, or that other similar
circumstances exist that would make him unavailable or Sec. 15. Examination of witness for the prosecution.–
prevent him from attending the trial. The motion shall be When it is satisfactorily appears that a witness for the
supported by an affidavit of the accused and such other prosecution is too sick or infirm to appear at the trial as
evidence as the court may require. (4a) directed by the court, of has to leave the Philippines with
no definite date of returning, he may forthwith be
Section 13. Examination of defense witness; how made. conditionally examined before the court where the case is
— If the court is satisfied that the examination of a pending. Such examination, in the presence of the
witness for the accused is necessary, an order will be accused, or in his absence after reasonable notice to
made directing that the witness be examined at a attend the examination has been served on him, shall be
specified date, time and place and that a copy of the conducted in the same manner as an examination at the
order be served on the prosecutor at least three (3) days trial. Failure or refusal of the accused to attend the
before the scheduled examination. The examination shall examination at the trial. Failure or refusal of the accused
be taken before a judge, or, if not practicable, a member to attend the examination after notice shall be considered
of the Bar in good standing so designated by the judge in a waiver. The statement taken may be admitted in behalf
the order, or if the order be made by a court of superior of or against the accused.
jurisdiction, before an inferior court to be designated
therein. The examination shall proceed notwithstanding
the absence of the prosecutor provided he was duly Sec. 16. Trial of several accused. – When two or more
notified of the hearing. A written record of the testimony accused are jointly charged with an offense, they shall be
shall be taken. (5a) tried jointly unless the court, in its discretion and upon
motion of the prosecutor or any accused, orders separate
trial for one or more accused.
Section 17. Discharge of accused to be state witness. — Section 18. Discharge of accused operates as acquittal.
When two or more persons are jointly charged with the — The order indicated in the preceding section shall
commission of any offense, upon motion of the amount to an acquittal of the discharged accused and
prosecution before resting its case, the court may direct shall be a bar to future prosecution for the same offense,
one or more of the accused to be discharged with their unless the accused fails or refuses to testify against his
consent so that they may be witnesses for the state co-accused in accordance with his sworn statement
when, after requiring the prosecution to present evidence constituting the basis for the discharge. (10a)
and the sworn statement of each proposed state witness
at a hearing in support of the discharge, the court is Section 19. When mistake has been made in charging
satisfied that: the proper offense. — When it becomes manifest at any
time before judgment that a mistake has been made in
(a) There is absolute necessity for the testimony of charging the proper offense and the accused cannot be
the accused whose discharge is requested; convicted of the offense charged or any other offense
necessarily included therein, the accused shall not be
(b) The is no other direct evidence available for discharged if there appears good cause to detain him. In
the proper prosecution of the offense committed, such case, the court shall commit the accused to answer
except the testimony of said accused; for the proper offense and dismiss the original case upon
the filing of the proper information. (11a)
(c) The testimony of said accused can be
substantially corroborated in its material points; Sec. 20. Appointment of acting prosecutor. – When a
prosecutor, his assistant or deputy is disqualified to act
(d) Said accused does not appear to be the most due to any of the grounds stated in section 1 of Rule 137
guilty; and or for any other reason, the judge or the prosecutor shall
communicate with the Secretary of Justice in order that
(e) Said accused has not at any time been the latter may appoint an acting prosecutor.
convicted of any offense involving moral turpitude.
Sec. 21. Exclusion of the public. – The judge may, motu
Evidence adduced in support of the discharge shall proprio, exclude the public from the courtroom if the
automatically form part of the trial. If the court denies the evidence to be produced during the trial is offensive to
motion for discharge of the accused as state witness, his decency or public morals. He may also, on motion of the
sworn statement shall be inadmissible in evidence. (9a) accused, exclude the public from the trial except court
personnel and the counsel of the parties.
Sec. 22. Consolidation of trials of related offenses. – The order denying the motion for leave of court to file
Charges for offenses founded on the same facts or demurrer to evidence or the demurrer itself shall not be
forming part of a series of offenses of similar character reviewable by appeal or by certiorari before judgment. (n)
may be tried jointly at the discretion of the court.
Section 24. Reopening. — At any time before finality of
Section 23. Demurrer to evidence. — After the the judgment of conviction, the judge may, motu
prosecution rests its case, the court may dismiss the proprio or upon motion, with hearing in either case,
action on the ground of insufficiency of evidence (1) on reopen the proceedings to avoid a miscarrage of justice.
its own initiative after giving the prosecution the The proceedings shall be terminated within thirty (30)
opportunity to be heard or (2) upon demurrer to evidence days from the order grating it. (n)
filed by the accused with or without leave of court.
IMPORTANT NOTES:
If the court denies the demurrer to evidence filed with
leave of court, the accused may adduce evidence in his TRIAL (RULE 119)
defense. When the demurrer to evidence is filed without
leave of court, the accused waives the right to present When trial shall commence?
evidence and submits the case for judgment on the basis Trial shall commence within thirty (30) days from
of the evidence for the prosecution. (15a) receipt of the pre-trial order.

The motion for leave of court to file demurrer to evidence Effect of not bringing the accused to trial within the
shall specifically state its grounds and shall be filed within prescribed period
a non-extendible period of five (5) days after the 1. If the accused is not brought to trial in accordance
prosecution rests its case. The prosecution may oppose within the time limit set by the Rules of Court, the
the motion within a non-extendible period of five (5) days information may be dismissed upon motion of the
from its receipt. accused. The ground for the dismissal is the denial of his
right to speedy trial. The accused shall however, have
If leave of court is granted, the accused shall file the the burden of proving the ground for his motion. On the
demurrer to evidence within a non-extendible period of other hand, the prosecutor shall have the burden of going
ten (10) days from notice. The prosecution may oppose forward with the evidence to establish that the delay
the demurrer to evidence within a similar period from its belongs to the exclusion of time mentioned in Sec. 3 of
receipt. Rule 119.
Note that in case of dismissal on the ground of denial of reconsideration or new trial) as to the alleged non-receipt
the right to speedy trial, the dismissal shall be subject to of notice, so that the trial judge may have an opportunity
the rules on double jeopardy (Sec.9, Rule 119, Rules of to make an official statement on the point or see to it that
Court). the records are completed.

2. The motion for dismissal must be made prior to trial, Considering that the question involves a petty offense
otherwise the failure to do so shall be deemed a waiver possibly mixed up with a civil litigation, we see no
of the right to have the charged is dismissed. (Sec.9, justification in letting it clutter court records for a long
Rule 119, Rules of Court). time, especially in the absence of a clear case. The order
of dismissal is affirmed.
Time to prepare for trial?
After a plea of not guilty is entered, the accused People vs. Nabaluna et al, 101 Phil. 402
shall have at least fifteen (15) days to prepare for trial. We have invariably held that the requirement of Section 7
of Rule 114 of the Rules of Court, allowing the accused
i. What is the effect if accused was not given time to as a matter of right at least two days to prepare for trial is
prepare for trial?
mandatory and that a denial thereof is a ground for new
1. People vs. Magdang et al, 85 Phil. 807
2. People vs. Nabaluna et al, 101 Phil. 402 trial. (Moran's Comments on the Rules of Court, 2nd Ed.,
Vol. II, p. 688, citing the case of People vs. Valte, 43
People vs. Magdang et al, 85 Phil. 807 Phi)., 927.) A similar case had been resolved as follows :
DISMISSAL OF THE CASE. The records of the case
now before us demonstrate how incomplete and informal "In stating that he was not prepared for trial Attorney
the proceedings were-obviously due to the emergency Sudario argued that, as the affidavits of the witnesses for
caused by the war. We find therein that the fiscal never the prosecution were not attached to the records, he
asserted in writing that he had not been notified. On the could not learn the basis of the information. In denying
other hand the judge says that said officer "failed to the motion for postponement, the trial court ruled that the
appear in court this morning without any reason" which
names of the witnesses for the government are listed in
fairly implies that the fiscal had been notified, notice
being a fundamental requirement which must be the original and amended information. Regardless of the
presumed to have been complied with. merit of the ground advanced by Attorney Sudario in
In situation similar to the one asserted here by the support for postponement, or of the merit of the denial by
prosecution, the fiscal or the party affected should first the trial court, the fact is conspicuous that defense
make representations in the court below (in a motion for counsel was not ready for trial on the date the appellants
were arraigned. Under Section 7 of Rule 114 of the Rules (180) days from the first day of trial, except as otherwise
of Court, after a plea of not guilty, except when the case authorized by the Supreme Court. (sec. 8, cir. 38-98).
is on appeal from the justice of the peace, the defendant
The time limitations provided under this section and the
is entitled to at least two days to prepare for trial unless
preceding section shall not apply where special laws or
the court for good cause shown shall allow further time. circulars of the Supreme Court provide for a shorter
This requirement has been held to be mandatory and, by period of trial. (n)
its terms, the defendant is entitled as of right to at least
two days to prepare for trial, and denial of this right is a Read Revised Guidelines for Continuous Trial
reversible error and a ground for a new trial." (People vs. of Criminal Cases (AM 15-06-10)
Mejares, et al. 85 Phil., 727, 47 Off. Gaz., No. 9, p. People vs. Salas, July 29, 1986-trial in
absentia
4804).

In view of foregoing, the decision appealed from is TRIAL IN ABSENCIA REQUISITES:

1. Accused has already been arraigned
hereby set aside and the case remanded to the court of
2. Accused has been duly notified of the trial or the
origin for retrial. So ordered. hearings
3. Absence is unjustified

The doctrine laid down in that case has been modified by

ii. Continuous trial rule (Section 2)
Section 19, which now allows trial in absentia, Now, the
Section 2. Continuous trial until terminated; prisoner cannot by simply escaping thwart his continued
postponements. — Trial once commenced shall continue prosecution and possibly eventual conviction provided
from day to day as far as practicable until terminated. It only that: a) he has been arraigned; b) he has been duly
may be postponed for a reasonable period of time for notified of the trial; and c) his failure to appear is
good cause. unjustified.
The court shall, after consultation with the prosecutor and
The respondent judge was probably still thinking of the
defense counsel, set the case for continuous trial on a
weekly or other short-term trial calendar at the earliest old doctrine when he ruled that trial in absentia of the
possible time so as to ensure speedy trial. In no case escapee could not be held because he could not be duly
shall the entire trial period exceed one hundred eighty notified under Section 19. He forgets that the fugitive is
now deemed to have waived such notice precisely
because he has escaped, and it is also this escape that refuse to try the accused, who had already been
makes his failure to appear at his trial unjustified. Escape arraigned at the time he was released on the illegal bail
can never be a legal justification. In the past, his escape bond. Abong should be prepared to bear the
"rewarded" him by postponing all further proceedings consequences of his escape, including forfeiture of the
against him and in effect ultimately absolving him of the right to be notified of the subsequent proceedings and of
charge he was facing. Under the present rule, his escape the right to adduce evidence on his behalf and refute the
will, legally speaking, operate to Ms disadvantage by evidence of the prosecution, not to mention a possible or
preventing him from attending his trial, which will even probable conviction.
continue even in his absence and most likely result in his
conviction.

The right to be present at one's trial may now be waived Order of Trial (Section 11)
except only at that stage where the prosecution intends
Section 11. Order of trial. — The trial shall proceed in the
to present witnesses who will Identify the following order:
accused.  Under Section 19, the defendant's escape will
9
(a) The prosecution shall present evidence to prove the
be considered a waiver of this right and the inability of the charge and, in the proper case, the civil liability.
court to notify him of the subsequent hearings will not (b) The accused may present evidence to prove his
prevent it from continuing with his trial. He will be defense, and damages, if any, arising from the issuance
deemed to have received due notice. The same fact of of a provisional remedy in the case.
(c) The prosecution and the defense may, in that order,
his escape will make his failure to appear unjustified
present rebuttal and sur-rebuttal evidence unless the
because he has, by escaping, placed himself beyond the court, in furtherance of justice, permits them to present
pale, and protection, of the law. additional evidence bearing upon the main issue.
(d) Upon admission of the evidence of the parties, the
Trial in absentia was not allowed in Borja v. case shall be deemed submitted for decision unless the
10
Mendoza   because it was held notwithstanding that the court directs them to argue orally or to submit written
accused had not been previously arraigned. His memoranda.
subsequent conviction was properly set aside. But in the (e) When the accused admits the act or omission
charged in the complaint or information but interposes a
instant case, since all the requisites are present, there is
lawful defense, the order of trial may be modified. (3a)
absolutely no reason why the respondent judge should
 Operates as acquittal (Section 18);
Section 18. Discharge of accused operates as acquittal.
— The order indicated in the preceding section shall
amount to an acquittal of the discharged accused and
iv. Discharged of accused as State Witness: Requisites shall be a bar to future prosecution for the same offense,
(Section 17); unless the accused fails or refuses to testify against his
co-accused in accordance with his sworn statement
Section 17. Discharge of accused to be state witness. — constituting the basis for the discharge. (10a)
When two or more persons are jointly charged with the
commission of any offense, upon motion of the People vs. CA, et al, July 31, 1984
prosecution before resting its case, the court may direct People vs. Sandiganbayan July 16, 1997
one or more of the accused to be discharged with their People vs. Chaves Feb. 11, 2003
consent so that they may be witnesses for the state
when, after requiring the prosecution to present evidence v. Demurrer to Evidence (Section 23)
and the sworn statement of each proposed state witness
at a hearing in support of the discharge, the court is Section 23. Demurrer to evidence. — After the
satisfied that: prosecution rests its case, the court may dismiss the
(a) There is absolute necessity for the testimony of the action on the ground of insufficiency of evidence (1) on
accused whose discharge is requested; its own initiative after giving the prosecution the
(b) The is no other direct evidence available for the opportunity to be heard or (2) upon demurrer to evidence
proper prosecution of the offense committed, except the filed by the accused with or without leave of court.
testimony of said accused;
(c) The testimony of said accused can be substantially If the court denies the demurrer to evidence filed with
corroborated in its material points; leave of court, the accused may adduce evidence in his
(d) Said accused does not appear to be the most guilty; defense. When the demurrer to evidence is filed without
and leave of court, the accused waives the right to present
(e) Said accused has not at any time been convicted of evidence and submits the case for judgment on the basis
any offense involving moral turpitude. Evidence adduced of the evidence for the prosecution. (15a)
in support of the discharge shall automatically form part
of the trial. If the court denies the motion for discharge of The motion for leave of court to file demurrer to evidence
the accused as state witness, his sworn statement shall shall specifically state its grounds and shall be filed within
be inadmissible in evidence. (9a) a non-extendible period of five (5) days after the
prosecution rests its case. The prosecution may oppose Judgment
the motion within a non-extendible period of five (5) days
from its receipt. Section 1. Judgment definition and form. — Judgment is
the adjudication by the court that the accused is guilty or
If leave of court is granted, the accused shall file the not guilty of the offense charged and the imposition on
demurrer to evidence within a non-extendible period of him of the proper penalty and civil liability, if any. It must
ten (10) days from notice. The prosecution may oppose be written in the official language, personally and directly
the demurrer to evidence within a similar period from its prepared by the judge and signed by him and shall
receipt. contain clearly and distinctly a statement of the facts and
the law upon which it is based. (1a)
The order denying the motion for leave of court to file
demurrer to evidence or the demurrer itself shall not be Section 2. Contents of the judgment. — If the judgment
reviewable by appeal or by certiorari before judgment. (n) is of conviction, it shall state (1) the legal qualification of
the offense constituted by the acts committed by the
accused and the aggravating or mitigating circumstances
vi. Rule to prevent miscarriage of justice (Section 24) which attended its commission; (2) the participation of the
accused in the offense, whether as principal, accomplice,
1. Cabarles vs. Maceda, February 20, 2007 or accessory after the fact; (3) the penalty imposed upon
the accused; and (4) the civil liability or damages caused
Section 24. Reopening. — At any time before finality of by his wrongful act or omission to be recovered from the
the judgment of conviction, the judge may, motu proprio accused by the offended party, if there is any, unless the
or upon motion, with hearing in either case, reopen the enforcement of the civil liability by a separate civil action
proceedings to avoid a miscarrage of justice. The has been reserved or waived.
proceedings shall be terminated within thirty (30) days
from the order grating it. (n) In case the judgment is of acquittal, it shall state whether
the evidence of the prosecution absolutely failed to prove
the guilt of the accused or merely failed to prove his guilt
beyond reasonable doubt. In either case, the judgment
shall determine if the act or omission from which the civil
liability might arise did not exist. (2a)

RULE 120 Section 3. Judgment for two or more offenses. — When

two or more offenses are charged in a single complaint or
information but the accused fails to object to it before If the accused is confined or detained in another province
trial, the court may convict him of as many offenses as or city, the judgment may be promulgated by the
are charged and proved, and impose on him the penalty executive judge of the Regional Trial Court having
for each offense, setting out separately the findings of jurisdiction over the place of confinement or detention
fact and law in each offense. (3a) upon request of the court which rendered the judgment.
The court promulgating the judgment shall have authority
Section 4. Judgment in case of variance between to accept the notice of appeal and to approve the bail
allegation and proof. — When there is variance between bond pending appeal; provided, that if the decision of the
the offense charged in the complaint or information and trial court convicting the accused changed the nature of
that proved, and the offense as charged is included in or the offense from non-bailable to bailable, the application
necessarily includes the offense proved, the accused for bail can only be filed and resolved by the appellate
shall be convicted of the offense proved which is included court.
in the offense charged, or of the offense charged which is
included in the offense proved. (4a) The proper clerk of court shall give notice to the accused
personally or through his bondsman or warden and
Section 5. When an offense includes or is included in counsel, requiring him to be present at the promulgation
another. — An offense charged necessarily includes the of the decision. If the accused tried in absentia because
offense proved when some of the essential elements or he jumped bail or escaped from prison, the notice to him
ingredients of the former, as alleged in the complaint or shall be served at his last known address.
information, constitute the latter. And an offense charged
is necessarily included in the offense proved, when the In case the accused fails to appear at the scheduled date
essential ingredients of the former constitute or form a of promulgation of judgment despite notice, the
part of those constituting the latter. (5a) promulgation shall be made by recording the judgment in
the criminal docket and serving him a copy thereof at his
Section 6. Promulgation of judgment. — The judgment is last known address or thru his counsel.
promulgated by reading it in the presence of the accused
and any judge of the court in which it was rendered. If the judgment is for conviction and the failure of the
However, if the conviction is for a light offense, the accused to appear was without justifiable cause, he shall
judgment may be pronounced in the presence of his lose the remedies available in these rules against the
counsel or representative. When the judge is absent or judgment and the court shall order his arrest. Within
outside of the province or city, the judgment may be fifteen (15) days from promulgation of judgment,
promulgated by the clerk of court. however, the accused may surrender and file a motion
for leave of court to avail of these remedies. He shall
state the reasons for his absence at the scheduled (b) The new and material evidence has been
promulgation and if he proves that his absence was for a discovered which the accused could not with
justifiable cause, he shall be allowed to avail of said reasonable diligence have discovered and
remedies within fifteen (15) days from notice. (6a) produced at the trial and which if introduced and
admitted would probably change the judgment.
Section 7. Modification of judgment. — A judgment of (2a)
conviction may, upon motion of the accused, be modified
or set aside before it becomes final or before appeal is Section 3. Ground for reconsideration. — The court shall
perfected. Except where the death penalty is imposed, a grant reconsideration on the ground of errors of law or
judgment becomes final after the lapse of the period for fact in the judgment, which requires no further
perfecting an appeal, or when the sentence has been proceedings. (3a)
partially or totally satisfied or served, or when the
accused has waived in writing his right to appeal, or has Section 4. Form of motion and notice to the prosecutor.
applied for probation. (7a) — The motion for a new trial or reconsideration shall be
in writing and shall state the grounds on which it is
based. If based on a newly-discovered evidence, the
motion must be supported by affidavits of witnesses by
RULE 121 whom such evidence is expected to be given or by duly
authenticated copies of documents which are proposed
New Trial or Reconsideration to be introduced in evidence. Notice of the motion for
new trial or reconsideration shall be given to the
Section 1. New trial or reconsideration. — At any time prosecutor. (4a)
before a judgment of conviction becomes final, the court
may, on motion of the accused or at its own instance but Section 5. Hearing on motion. — Where a motion for a
with the consent of the accused, grant a new trial or new trial calls for resolution of any question of fact, the
reconsideration. (1a) court may hear evidence thereon by affidavits or
otherwise. (5a)
Section 2. Grounds for a new trial. — The court shall
grant a new trial on any of the following grounds: Section 6. Effects of granting a new trial or
reconsideration. — The effects of granting a new trial or
(a) The errors of law or irregularities prejudicial to reconsideration are the following:
the substantial rights of the accused have been
committed during the trial;
(a) When a new trial is granted on the ground of RULE 122
errors of law or irregularities committed during the
trial, all proceedings and evidence affected Appeal
thereby shall be set aside and taken anew. The
court may, in the interest of justice, allow the Section 1. Who may appeal. — Any party may appeal
introduction of additional evidence. from a judgment or final order, unless the accused will be
placed in double jeopardy. (2a)
(b) When a new trial is granted on the ground of
newly-discovered evidence, the evidence already Section 2. Where to appeal. — The appeal may be taken
adduced shall stand and the newly-discovered and as follows:
such other evidence as the court may, in the
interest of justice, allow to be introduced shall be (a) To the Regional Trial Court, in cases decided
taken and considered together with the evidence by the Metropolitan Trial Court, Municipal Trial
already in the record. Court in Cities, Municipal Trial Court, or Municipal
Circuit Trial Court;
(c) In all cases, when the court grants new trial or
reconsideration, the original judgment shall be set (b) To the Court of Appeals or to the Supreme
aside or vacated and a new judgment rendered Court in the proper cases provided by law, in
accordingly. (6a) cases decided by the Regional Trial Court; and

(c) To the Supreme Court, in cases decided by the

Court of Appeals. (1a)

Section 3. How appeal taken. —

(a) The appeal to the Regional Trial Court, or to

the Court of Appeals in cases decided by the
Regional Trial Court in the exercise of its original
jurisdiction, shall be taken by filing a notice of
appeal with the court which rendered the judgment
or final order appealed from and by serving a copy
thereof upon the adverse party.
 (b) The appeal to the Court of Appeals in cases Section 5. Waiver of notice. — The appellee may waive
decided by the Regional Trial Court in the exercise his right to a notice that an appeal has been taken. The
of its appellate jurisdiction shall be by petition for appellate court may, in its discretion, entertain an appeal
review under Rule 42. notwithstanding failure to give such notice if the interests
of justice so require. (5a)
(c) The appeal to the Supreme Court in cases
where the penalty imposed by the Regional Trial Section 6. When appeal to be taken. — An appeal must
Court is death, reclusion perpetua, or life be taken within fifteen (15) days from promulgation of the
imprisonment, or where a lesser penalty is judgment or from notice of the final order appealed from.
imposed but for offenses committed on the same This period for perfecting an appeal shall be suspended
occasion or which arose out of the same from the time a motion for new trial or reconsideration is
occurrence that gave rise to the more serious filed until notice of the order overruling the motion shall
offense for which the penalty of death, reclusion have been served upon the accused or his counsel at
perpetua, or life imprisonment is imposed, shall be which time the balance of the period begins to run. (6a)
by filing a notice of appeal in accordance with
paragraph (a) of this section.

(d) No notice of appeal is necessary in cases Section 9. Appeal to the Regional Trial Courts. —
where the death penalty is imposed by the
Regional Trial Court. The same shall be (a) Within five (5) days from perfection of the
automatically reviewed by the Supreme Court as appeal, the clerk of court shall transmit the original
provided in section 10 of this Rule. record to the appropriate Regional Trial Court.

(e) Except as provided in the last paragraph of (b) Upon receipt of the complete record of the
section 13, Rule 124, all other appeals to the case, transcripts and exhibits, the clerk of court of
Supreme Court shall be by petition for review the Regional Trial Court shall notify the parties of
on certiorari under Rules 45. (3a) such fact.

Section 4. Publication of notice of appeal. — If personal (c) Within fifteen (15) days from receipt of the said
service of the copy of the notice of appeal can not be notice, the parties may submit memoranda or
made upon the adverse party or his counsel, service may briefs, or may be required by the Regional Trial
be done by registered mail or by substituted service Court to do so. After the submission of such
pursuant to sections 7 and 8 of Rule 13. (4a) memoranda or briefs, or upon the expiration of the
 period to file the same, the Regional Trial Court Metropolitan Trial Court, Municipal Trial Court in Cities,
shall decide the case on the basis of the entire Municipal Trial Court, or Municipal Circuit Trial Court, as
record of the case and of such memoranda or the case may be, may allow the appellant to withdraw his
briefs as may have been filed. (9a) appeal before the record has been forwarded by the clerk
of court to the proper appellate court as provided in
Section 10. Transmission of records in case of death section 8, in which case the judgment shall become final.
penalty. — In all cases where the death penalty is The Regional Trial Court may also, in its discretion, allow
imposed by the trial court, the records shall be forwarded the appellant from the judgment of a Metropolitan Trial
to the Supreme Court for automatic review and judgment Court, Municipal Trial Court in Cities, Municipal Trial
within five (5) days after the fifteenth (15) day following Court, or Municipal Circuit Trial Court to withdraw his
the promulgation of the judgment or notice of denial of a appeal, provided a motion to that effect is filed before
motion for new trial or reconsideration. The transcript rendition of the judgment in the case on appeal, in which
shall also be forwarded within ten (10) days after the case the judgment of the court of origin shall become
filing thereof by the stenographic reporter. (10a) final and the case shall be remanded to the latter court
for execution of the judgment. (12a)
Section 11. Effect of appeal by any of several accused.
— Section 13. Appointment of counsel de oficio for accused
on appeal. — It shall be the duty of the clerk of the trial
(a) An appeal taken by one or more of several court, upon filing of a notice of appeal, to ascertain from
accused shall not affect those who did not appeal, the appellant, if confined in prison, whether he desires
except insofar as the judgment of the appellate the Regional Trial Court, Court of Appeals or the
court is favorable and applicable to the latter; Supreme Court to appoint a counsel de oficio to defend
him and to transmit with the record on a form to be
(b) The appeal of the offended party from the civil prepared by the clerk of court of the appellate court, a
aspect shall not affect the criminal aspect of the certificate of compliance with this duty and of the
judgment or order appealed from. response of the appellant to his inquiry. (13a)

(c) Upon perfection of the appeal, the execution of

the judgment or final order appealed from shall be
stayed as to the appealing party. (11a)
RULE 123
Section 12. Withdrawal of appeal. — Notwithstanding
the perfection of the appeal, the Regional Trial Court, Procedure in the Municipal Trial Courts
Section 1. Uniform Procedure. — The procedure to be or flees to a foreign country during the pendency of the
observed in the Metropolitan Trial Courts, Municipal Trial appeal. (8a)
Courts and Municipal Circuit Trial Courts shall be the
same as in the Regional Trial Courts, except where a Section 10. Judgment not to be reversed or modified
particular provision applies only to either of said courts except for substantial error. — No judgment shall be
and in criminal cases governed by the Revised Rule on reversed or modified unless the Court of Appeals, after
Summary Procedure. (1a) an examination of the record and of the evidence
adduced by the parties, is of the opinion that error was
committed which injuriously affected the substantial rights
of the appellant. (10a)

RULE 124 Section 11. Scope of judgment. — The Court of Appeals

may reverse, affirm, or modify the judgment and increase
Procedure in the Court of Appeals or reduce the penalty imposed by the trial court, remand
the case to the Regional Trial Court for new trial or retrial,
Section 1. Title of the case. — In all criminal cases or dismiss the case. (11a)
appealed to the Court of Appeals, the party appealing the
case shall be called the "appellant" and the adverse party Section 13. Quorum of the court; certification or appeal
the "appellee," but the title of the case shall remain as it of cases to Supreme Court. — Three (3) Justices of the
was in the court of origin. (1a) Court of Appeals shall constitute a quorum for the
sessions of a division. The unanimous vote of the three
Section 8. Dismissal of appeal for abandonment or (3) Justices of a division shall be necessary for the
failure to prosecute. — The Court of Appeals may, upon pronouncement of a judgment or final resolution, which
motion of the appellee or motu proprio and with notice to shall be reached in consultation before the writing of the
the appellant in either case, dismiss the appeal if the opinion by a member of the division. In the event that the
appellant fails to file his brief within the time prescribed three (3) Justices can not reach a unanimous vote, the
by this Rule, except where the appellant is represented Presiding Justice shall direct the raffle committee of the
by a counsel de oficio. Court to designate two (2) additional Justices to sit
temporarily with them, forming a special division of five
The Court of Appeals may also, upon motion of the (5) members and the concurrence of a majority of such
appellee or motu proprio, dismiss the appeal if the division shall be necessary for the pronouncement of a
appellant escapes from prison or confinement, jumps bail judgment or final resolution. The designation of such
additional Justices shall be made strictly by raffle and motion for reconsideration of a judgment or final order.
rotation among all other Justices of the Court of Appeals. (16a)

Whenever the Court of Appeals finds that the penalty of Section 17. Judgment transmitted and filed in trial court.
death, reclusion perpetua, or life imprisonment should be — When the entry of judgment of the Court of Appeals is
imposed in a case, the court, after discussion of the issued, a certified true copy of the judgment shall be
evidence and the law involved, shall render judgment attached to the original record which shall be remanded
imposing the penalty of death, reclusion perpetua, or life to the clerk of the court from which the appeal was taken.
imprisonment as the circumstances warrant. However, it (17a)
shall refrain from entering the judgment and forthwith
certify the case and elevate the entire record thereof to
the Supreme Court for review. (13a)

Section 14. Motion for new trial. — At any time after the RULE 125
appeal from the lower court has been perfected and
before the judgment of the Court of Appeals convicting Procedure in the Supreme Court
the appellant becomes final, the latter may move for a
new trial on the ground of newly-discovered evidence Section 1. Uniform procedure. — Unless otherwise
material to his defense. The motion shall conform with provided by the Constitution or by law, the procedure in
the provisions of section 4, Rule 121. (14a) the Supreme Court in original and in appealed cases
shall be the same as in the Court of Appeals. (1a)
Section 15. Where new trial conducted. — When a new
trial is granted, the Court of Appeals may conduct the Section 2. Review of decisions of the Court of Appeals.
hearing and receive evidence as provided in section 12 — The procedure for the review by the Supreme Court of
of this Rule or refer the trial to the court of origin. (15a) decisions in criminal cases rendered by the Court of
Appeals shall be the same as in civil cases. (2a)
Section 16. Reconsideration. — A motion for
reconsideration shall be filed within fifteen (15) days after Section 3. Decision if opinion is equally divided. — When
from notice of the decision or final order of the Court of the Supreme Court en banc is equally divided in opinion
Appeals, with copies served upon the adverse party, or the necessary majority cannot be had on whether to
setting forth the grounds in support thereof. The mittimus acquit the appellant, the case shall again be deliberated
shall be stayed during the pendency of the motion for upon and if no decision is reached after re-deliberation,
reconsideration. No party shall be allowed a second
the judgment of conviction of the lower court shall be However, if the criminal action has already been filed, the
reversed and the accused acquitted. (3a) application shall only be made in the court where the
criminal action is pending. (n)

Section 3. Personal property to be seized. — A search

warrant may be issued for the search and seizure of
RULE 126 personal property:

Search and Seizure (a) Subject of the offense;

Section 1. Search warrant defined. — A search warrant (b) Stolen or embezzled and other proceeds, or
is an order in writing issued in the name of the People of fruits of the offense; or
the Philippines, signed by a judge and directed to a
peace officer, commanding him to search for personal (c) Used or intended to be used as the means of
property described therein and bring it before the court. committing an offense. (2a)
(1)
Section 4. Requisites for issuing search warrant. — A
Section 2. Court where application for search warrant search warrant shall not issue except upon probable
shall be filed. — An application for search warrant shall cause in connection with one specific offense to be
be filed with the following: determined personally by the judge after examination
under oath or affirmation of the complainant and the
a) Any court within whose territorial jurisdiction a witnesses he may produce, and particularly describing
crime was committed. the place to be searched and the things to be seized
which may be anywhere in the Philippines. (3a)
b) For compelling reasons stated in the
application, any court within the judicial region Section 7. Right to break door or window to effect
where the crime was committed if the place of the search. — The officer, if refused admittance to the place
commission of the crime is known, or any court of directed search after giving notice of his purpose and
within the judicial region where the warrant shall authority, may break open any outer or inner door or
be enforced. window of a house or any part of a house or anything
therein to execute the warrant or liberate himself or any
person lawfully aiding him when unlawfully detained
therein. (6)
Section 8. Search of house, room, or premise to be who issued the warrant, together with a true inventory
made in presence of two witnesses. — No search of a thereof duly verified under oath.
house, room, or any other premise shall be made except
in the presence of the lawful occupant thereof or any (b) Ten (10) days after issuance of the search
member of his family or in the absence of the latter, two warrant, the issuing judge shall ascertain if the
witnesses of sufficient age and discretion residing in the return has been made, and if none, shall summon
same locality. (7a) the person to whom the warrant was issued and
require him to explain why no return was made. If
Section 9. Time of making search. — The warrant must the return has been made, the judge shall
direct that it be served in the day time, unless the affidavit ascertain whether section 11 of this Rule has been
asserts that the property is on the person or in the place complained with and shall require that the property
ordered to be searched, in which case a direction may be seized be delivered to him. The judge shall see to
inserted that it be served at any time of the day or night. it that subsection (a) hereof has been complied
(8) with.

Section 10. Validity of search warrant. — A search (c) The return on the search warrant shall be filed
warrant shall be valid for ten (10) days from its date. and kept by the custodian of the log book on
Thereafter it shall be void. (9a) search warrants who shall enter therein the date of
the return, the result, and other actions of the
Section 11. Receipt for the property seized. — The judge.
officer seizing property under the warrant must give a
detailed receipt for the same to the lawful occupant of the A violation of this section shall constitute contempt of
premises in whose presence the search and seizure court.(11a)
were made, or in the absence of such occupant, must, in
the presence of at least two witnesses of sufficient age Section 13. Search incident to lawful arrest. — A person
and discretion residing in the same locality, leave a lawfully arrested may be searched for dangerous
receipt in the place in which he found the seized weapons or anything which may have been used or
property. (10a) constitute proof in the commission of an offense without a
search warrant. (12a)
Section 12. Delivery of property and inventory thereof to
court; return and proceedings thereon. — (a) The officer Section 14. Motion to quash a search warrant or to
must forthwith deliver the property seized to the judge suppress evidence; where to file. — A motion to quash a
search warrant and/or to suppress evidence obtained
thereby may be filed in and acted upon only by the court who is a public officer, officer of a corporation,
where the action has been instituted. If no criminal action attorney, factor, broker, agent, or clerk, in the
has been instituted, the motion may be filed in and course of his employment as such, or by any other
resolved by the court that issued the search warrant. person in a fiduciary capacity, or for a willful
However, if such court failed to resolve the motion and a violation of duty;
criminal case is subsequent filed in another court, the
motion shall be resolved by the latter court. (n) (c) When the accused has concealed, removed, or
disposed of his property, or is about to do so; and

a) When the accused resides outside the

Philippines. (2a)
RULE 127

Provisional Remedies in Criminal Cases

Section 1. Availability of provisional remedies. — The

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

Section 2. Attachment. — When the civil action is

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

(a) When the accused is about to abscond from

the Philippines;

(b) When the criminal action is based on a claim

for money or property embezzled or fraudulently
misapplied or converted to the use of the accused