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Criminal ProcedureTable of Contents
A. General Matters 170
1. Distinguish Jurisdiction over subject matter from
jurisdiction over person of the accused...170
2. Requisites for exercise of criminal jurisdiction...170
3. Jurisdiction of Criminal courts.. 171
4. When injunction may be issued to restrain criminal
prosecution.. 172
B. Prosecution of Offenses172
1. Criminal actions, how instituted172
2. Who may file them, crimes that cannot be
prosecuted de officio.. 172
3. Criminal actions, when enjoined.. 173
4. Control of prosecution174
5. Sufficiency of Complaint or Information.. 174
6. Designation of Offense..175
7. Cause of the Accusation... 1758. Duplicity of the Offense; Exception..176
9. Amendment or Substitution of complaint or
information176
10. Venue of criminal actions 176
11. Intervention of offended party.177
C. Prosecution of Civil Action...177
1. Rule on implied institution of civil action with
criminal action..177
2. When civil action may proceed independently.. 177
3. When separate civil action is suspended1784. Effect of the death of accused or convict on civil
action.178
5. Prejudicial Question...178
6. Rule on Filing Fees in civil action deemed instituted
with the criminal action...178
D. Preliminary Investigation.. 178
1. Nature of right. 178
2. Purposes of preliminary investigation. 179
3. Who may conduct determination of existence of
probable cause179
4. Resolution of investigation prosecutor 180
5. Review. 180
6. When warrant of arrest may issue...180
7. Cases not requiring a preliminary investigation.180
8. Remedies of accused if there was no preliminary
investigation. 181
9. Inquest..181
E. Arrest.. 181
1. Arrest, how made181
2. Arrest without warrant, when lawful.182
3. Method of arrest..182
a. by officer with warrant182
b. by officer without warrant.. 183
c. by private person 183
4. Requisites of a valid warrant of arrest.183
5. Determination of Probable Cause for issuance of
warrant of arrest..183
6. Distinguish probable cause of fiscal from that of a
judge. 183
F. Bail...183
1. Nature...183
2. When a matter of right; exceptions..184
3. When a matter of discretion..184
4. Hearing of application for bail in capital
offenses....1855. Guidelines in fixing amount of bail...185
6. Bail when not required...185
7. Increase or Reduction of Bail186
8. Forfeiture and Cancellation of bail...186
9. Application not a bar to objections in illegal arrest,
lack of or irregular preliminary investigation...186
10. Hold Departure Order & Bureau of Immigration
Watchlist...186
G. Rights of the Accused186
1. Rights of accused at the trial 186
2. Rights of persons under Custodial
Investigation.187
H. Arraignment and Plea.188
1. Arraignment and Plea, how made188
2. When should plea of NOT GUILTY be entered.189
3. When may accused enter a plea of guilty to a
lesser offense.. 189
4. Accused plead guilty to capital offense, what the
court should do189
5. Searching Inquiry189
6. Improvident plea. 189
7. Grounds for suspension of arraignment. 189
I. Motion to Quash 190
1. Grounds190
2. Distinguish from demurrer to evidence...193
3. Effects of sustaining the motion to quash...193
4. Exception to the rule that sustaining the motion is
not a bar to another prosecution.. 194
5. Double Jeopardy.194
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6. Provisional Dismissal.195
J. Pre-trial196
1. Matters to be considered during pre-trial196
2. What the court should do when prosecution and
offended party agree to the plea offered by the
accused 196
3. Pre-trial agreement.196
4. Non-appearance during pre-trial..197
5. Pre-trial order.. 197
6. Referral of some cases for Court Annexed
Mediation and Judicial Dispute Resolution.197
K. Trial..197
1. Instances when presence of accused is required by
law. 198
2. Requisite before trial can be suspended on account
of absence of witness.198
3. Trial in Absentia..198
4. Remedy when accused is not brought to trial withinthe prescribed period..198
5. Requisites for discharge of accused to become a
state witness 198
6. Effects of Discharge of accused as state
witness..199
7. Demurrer to Evidence199
L. Judgment200
1. Requisites of a judgment...200
2. Contents of Judgment200
3. Promulgation of judgment; instances of
promulgation of judgment in absentia..202
4. When does judgment become final (four instances)
. 203
M. New Trial or Reconsideration.. 203
1. Grounds for New Trial203
2. Grounds for Reconsideration203
3. Requisites before a new trial may be granted on
ground of newly discovered evidence. 203
4. Effects of granting a new trial or
reconsideration204
5. Application of Neypes Doctrine in CriminalCases 204
N. Appeal.204
1. Effect of an Appeal.204
2. Where to appeal. 204
3. How appeal taken...205
4. Effect of appeal by any of several accused210
5. Grounds for dismissal of appeal.. 210
O. Search and Seizure. 211
1. Nature of search warrant...211
2. Distinguish from warrant of arrest 212
3. Application for search warrant, where filed 212
4. Probable Cause..214
5. Personal examination by judge of the applicant and
witnesses..214
6. Particularity of place to be searched and things to
be seized..215
7. Personal property to be seized.216
8. Exceptions to search warrant requirement.216
a. Search incidental to lawful arrest. 216
b. Consented Search..216
c. Search of moving vehicle.. 217
d. Check points; body checks in airport.. 217
e. Plain view situation.217
f. Stop and Frisk situation..217
g. Enforcement of Custom Laws.. 217
9. Remedies from unlawful search and seizure.218
P. Provisional Remedies.219
1. Nature...219
2. Kinds of provisional remedies.. 219
Criminal
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A. GENERAL MATTERS
1. Distinguish Jurisdiction over subject matter
from jurisdiction over person of the accused
2. Requisites for exercise of criminal
jurisdiction
3. Jurisdiction of Criminal courts
4. When injunction may be issued to restrain
criminal prosecution
1. Distinguish Jurisdiction over subject matter
from jurisdiction over person of the accused
Jurisdiction over Subject Matter
It is defined by law; determined by the extent
of the penalty which law imposes based on the
facts as recited in the complaint/information
constitutive of the offense charged.
o General rule: The courts jurisdiction to
try a criminal action is to be determined bythe law at the time of the institution of the
action. Succeeding legislation placing
jurisdiction in another tribunal will not affect
jurisdiction already obtained by a court.
o Exception: Where the succeeding
statute expressly provides, or is construed
that it is intended to operate to actions
pending before its enactment, in which case
the court where the criminal action is
pending is ousted of jurisdiction and the
pending action will have to be transferred to
the other tribunal, which will continue the
proceeding.
Jurisdiction over the Person of the Accused
Acquired either by:
a.) ARREST of person or
b.) VOLUNTARY SUBMISSION by the person
Voluntary appearance of the accused is
accomplished by:
a.) His pleading to the merits (fil ing a
motion to quash, appearing for arraignment,
or entering trial) orb.) by filing Bail
Academics
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Jurisdiction Over the
Subject
Matter
Jurisdiction Over The
Person of the
Accused
Derived from the law. It
can never be
acquired solely
by consent of
the accused.
May be acquired by
consent of the
accused or by
waiver of
objections.
The absence of courts
jurisdiction
over the
subject matter
may be raised
at any stage of
the
proceeding.
The right to
make such
objection is
never waived.
Failure of the accused
to make
objection in
time would
constitute a
waiver of the
objection.
2. Requisites for exercise of criminal jurisdiction
WON the court has jurisdiction over the
offense by virtue of the imposable penalty
and its nature (SUBJECT MATTER
JURISDICTION)
WON the action has been filed within the
TERRITORIAL JURIDICTION of the court
o Refers to VENUE or the place where the
case is to be tried. The action should beinstituted and tried in the municipality or
territory where offense has been committed
or where any one of the essential ingredients
thereof took place.
o For transitory/ continuing offenses, the
courts of the territories where the essential
ingredients of the crime took place have
concurrent jurisdiction. The first court taking
cognizance of the case will exclude the
others [People vs. Grospe (1988)]
3. Jurisdiction of Criminal courts
How Determined
Determined by the allegations of the
complaint or information.
By examination of the complaint/information
to ascertain that the facts set out and punishment
fall under jurisdiction of court. [People v. Ocaya
(1978)]
Jurisdiction over Complex Crimes (2003
Bar): lodged with the court having jurisdiction to
impose the maximum and most serious penalty
imposable on an offense forming part of the
complex crime. [Cuyos v. Hon. Garcia (1988)]
Military Courts
General rule: Ordinary courts will have jurisdiction
over cases involving members of the armed forces,
and other persons subject to military law, including
members of the Citizens Armed Forces Geographical
Units who commits crimes under the RPC or special
laws, regardless of who the co-accused or victims
are.
Exception: When, as determined by the ordinary
court during arraignment, the offense is service-
oriented, then it will be tried by the court martial.
Provided: the President may, in the interest of justice,
order/direct at any time before arraignment that any
such crimes/offenses be tried by the proper civil
courts.
Jurisdiction of Courts
MTC RTC SANDIGANBAYAN
Exclusive original jurisdiction
over all violations ofcity/municipal ordinances
committed within their respective
territorial jurisdiction. [Sec. 32 BP
129]
Exclusive original jurisdiction
over all offenses punishable with
imprisonment not exceeding 6
years irrespective of the amount
of fine, and regardless of other
Exclusive original
jurisdiction all criminal cases
not within the exclusive
jurisdiction of any
court/tribunal/body.[Sec. 20,
BP 129]
o Exception: Those now falling
under the exclusive and
concurrent jurisdiction of the
Sandiganbayan, which shall
hereafter be exclusively taken
Exclusive original jurisdiction in
those cases expressly
enumerated in PD 1606, as
amended by RA 8249 -
Violations of RA 3019 Anti-
Graft and Corrupt Practices
Act, RA 1379, Chapter II,
Section 2, Title VII, Book II of
the RPC
Officials enumerated are the
following:
.Transpo: Rex Regis.Charles Icasiano
Linkages: Jose Lacas
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imposable accessory or other
penalties, including the civil liability
arising from such offenses or
predicated thereon, irrespective of
kind, nature, value, or amount
thereof.
Provided, however, that in
offenses involving damage to
property through criminal
negligence they shall have
exclusive original jurisdiction
thereof. [Sec. 32, BP 129]
Exception: Cases falling
within the exclusive original
jurisdiction of RTCs and of the
Sandiganbayan. [Sec. 32, BP 129]
Cases classified under the
Revised Rules on Summary
Proceedings: [SC Resolution,
October 15, 1991]o Violations of traffic
laws/rules/ regulations;
o Violations of rental law;
o Cases where the penalty
prescribed by law for the offense
charged is imprisonment not
exceeding 6 months, or a fine
not exceeding P1,000, or both,
irrespective of other imposable
penalties, accessory or
otherwise, or of the civil liabilityarising therefrom: Provided,
however, that in offenses
involving damage to property
through criminal negligence, this
Rule shall govern where the
imposable fine does not exceed
P10,000.
Exception: a criminal case
falling under the
aforementioned list where the
offense charged is necessarily
related to another criminal
case subject to the ordinary
procedure.
cognizance of by the latter.
[Sec. 20, BP 129]
Criminal cases where one or
more of the accusedis below
eighteen (18) years of age but
not less than fifteen (15) years,
or where one or more of the
victimsis a minor at the time of
the commission of the offense
[RA 9344]
Cases against minors
cognizable under the
Dangerous Drugs Act, as
amended.
Violations of Republic Act No.
7610, the Child Abuse Act.
Cases of domestic violence
against women and children. If
an act committed against women
and children likewise constitute acriminal offense, the accused or
batterer shall be subject to
criminal proceedings and the
corresponding penalties. (Rep.
Act No. 8369, Family Courts Act
of 1997)
o Officials of the executive
branch occupying the
positions of regional director
and higher, otherwise
classified as Grade '27' and
higher, of the Compensation
and Position Classification Act
of 1989 (RA 6758)
o Members of Congress and
officials thereof classified as
Grade'27'and up under the
Compensation and Position
Classification Act of 1989
o Members of the judiciary
without prejudice to the
provisions of the Constitution
o Chairmen and members of
Constitutional Commissions,
without prejudice to the
provisions of the ConstitutionOther offenses or felonies
whether simple or complexed
with other crimes committed by
public officials and
employees in relation to their
office
Requisites:
o Accused is any
one of the public officials
enumerated in subsec. (a) of
Sec. 4 of Ra 8249, grade 27
or higher
o Accused
commits any other offense or
felony, than those specified in
subsec. (a) whether simple or
complexed with other crimes;
and offender commits such
other offense or felony in
relation to his office
4. When injunction may be issued to restrain
criminal prosecution
General rule: The prosecution of a criminal case may
not be enjoined by prohibition/ injunction.
Rationale: Public interest requires that criminal acts
be immediately investigated and prosecuted for the
protection of society.
Exceptions (1999 Bar)
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To afford protection to the constitutional rights of
the accused;
Necessary for the orderly administration for
justice or to avoid multiplicity of actions;
There is a prejudicial question which is sub
judice;
The acts of the officer are without or in excess of
authority;
The prosecutions is under an invalid
law/ordinance/regulation;
When double jeopardy is clearly apparent;
The court has no jurisdiction over the offense;
A case of persecution rather than prosecution;
The charges are manifestly false and motivated
by the lust for vengeance;
There is clearly no prima facie case against the
accused and MTQ on that ground has been
denied;
Preliminary injunction has been issued by the SC
to prevent the threatened unlawful arrest ofpetitioners.
B. PROSECUTION OF OFFENSES
1. Criminal actions, how instituted
2. Who may file them, crimes that cannot be
prosecuted de officio
3. Criminal actions, when enjoined
4. Control of prosecution
5. Sufficiency of Complaint or Information
6. Designation of Offense
7. Cause of the Accusation
8. Duplicity of the Offense; Exception
9. Amendment or Substitution of complaint or
information
10. Venue of criminal actions
11. Intervention of offended party
1. Criminal actions, how instituted
In general
A criminal action is commenced in this jurisdiction by
the filing of a complaint or information. The complaint
may be filed either with the MTC or with a public
prosecutor for purposes of conducting a preliminary
investigation.
Institution and Commencement of actions
For offenses which require a preliminary
investigation pursuant to section 1 of Rule 112
(where the penalty prescribed by law is at least
four (4) years, two (2) months and one (1) day
without regard to the fine), the criminal action is
instituted by filing the complaint with the
appropriate officer for PI. In offenses cognizable
by inferior courts, the complaint or information is
filed directly with said courts or the complaint is
filed with the fiscal. In Metropolitan Manila and
other chartered cities, the complaint may be filed
with the office of the public prosecutor unless
otherwise provided in their charters. [Rule 110,
Sec. 1]
The criminal action is commenced when the
complaint or information is filed in court.
Effect of the Institution of criminal action on the
prescriptive period
General Rule
o The institution of a criminal action
shall interrupt the running of the period of
prescription of the offense charged unless
otherwise provided in special laws. [Rule
110, Sec. 1]
o Prescription is interrupted with the
filing of the case even if if the court is without
jurisdiction (Francisco vs. CA, 122 SCRA
538)
Exception
The Court held that the interruption of the prescriptive
period upon the institution of the complaint under
Sec.1 of Rule 110 does not apply to cases for
violation of special acts and municipal ordinances.
This is governed by Act No. 3326 and is interrupted
only by the institution of judicial proceedings for its
investigation and punishment. [Zaldivia vs. Reyes,
211 SCRA 277]
2. Who may file them, crimes that cannot be
prosecuted de officio
General Rule
All criminal actions either commenced by
complaint or by information shall be prosecuted
under the direction and control of a public
prosecutor [Rule 110, Sec. 5]
The public prosecutor is a quasi-judicial officer
and a representative of sovereignty whose
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obligation to govern impartially is as compelling
as its obligation to govern at all.
Exception
In case of (1) heavy work schedule of the public
prosecutor or (2) in the event of lack of public
prosecutors, the private prosecutor may be
authorized in writ ing by the Chief of the
Prosecution Office or the Regional State
Prosecution to prosecute the case subject to the
courts approval. The authority will continue up to
the end of the trial even in the absence of a
public prosecutor until revoked or withdrawn.
The private prosecutor is the attorney
representing the offended where the civil action
for recovery of civil liability is instituted with the
criminal case.
Cases that cannot be prosecuted de oficio
Those which cannot be prosecuted except uponcomplaint filed by the aggrieved/offended party are
the following:
1. Adultery/concubinage
2. Seduction, abduction, acts of lasciviousness
3. Defamation which consists of imputation of
any of the foregoing offenses.
Rationale: The aggrieved party might prefer to suffer
the outrage in silence rather than go through the
scandal of a public trial.
Offended parties who can file complaint
In adultery and concubinage
The offended spouse. Both guilty parties should
be included if both are alive. However, a criminal
prosecution will not prosper if the offended party
consented to the offense.
In oral defamation can only be
brought upon instance and upon complaint of the
offended party.
2. Effect of
Death of offended party
Once a complaint is filed, the will of
the offended party is ascertained and the action
proceeds. Death after filing the complaint would
not deprive the court of the jurisdiction to try the
case.
The State shall initiate the action on
behalf of the offended party in case of his
death/incapacity and he has no known
parents/grandparents/ guardians.
In adultery/concubinage, such
death does not extinguish the criminal liability of
accused.
b. Desistance by offended party
It does not bar the People of the Philippines
from prosecuting the criminal action, but it
operates as a waiver of the right to pursue civil
indemnity.
An affidavit of desistance cannot justify
dismissal of the complaint if made after (and not
before) the institution of the criminal action.
c. Pardon by offended party
In rape, seduction, abduction and acts of
lasciviousness of a minor The pardon will be
effective if given by both parents and the
offended party. In seduction, abduction and acts of
lasciviousness- Express pardon by the offended
party, parents, grandparents or guardian will
prevent prosecution. [Rule 110, Sec. 5]
The parents/grandparents/guardian of the
offended minor (in that order) cannot extend a
valid pardon without conformity of the offended
party, even if the latter is a minor. [US v. Luna
(1902)]
If the offended woman is of age and not
incapacitated, only she can extend a valid pardon
which would absolve the offender.
General rule
Pardon must be made before the filing of the criminal
complaint in court EXCEPT in rape where marriage
between the offender and the offended party would be
effective as pardon even when the offender has
already commenced serving his sentence)
If there are more than one
accused, the pardon must be extended to all
offenders.
Marriage between offender
and offended party.
Pardon or desistance
extinguishes civil liability.
Pardon or express
condonation has the effect of waiving the civil
liability with regard to the interest of the injured
party. Liability arising from an offense is
extinguished in the same manner as other
obligations.
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3. Criminal actions, when enjoined
General rule: The prosecution of a criminal case may
not be enjoined by prohibition/ injunction.
Rationale: Public interest requires that criminal acts
be immediately investigated and prosecuted for the
protection of society.
Exceptions (1999 Bar)
To afford protection to the constitutional rights of
the accused;
Necessary for the orderly administration for
justice or to avoid multiplicity of actions;
There is a prejudicial question which is sub
judice;
The acts of the officer are without or in excess of
authority;
The prosecutions is under an invalidlaw/ordinance/regulation;
When double jeopardy is clearly apparent;
The court has no jurisdiction over the offense;
A case of persecution rather than prosecution;
The charges are manifestly false and motivated
by the lust for vengeance;
There is clearly no prima facie case against the
accused and MTQ on that ground has been
denied;
Preliminary injunction has been issued by the SC
to prevent the threatened unlawful arrest of
petitioners.
4. Control of prosecution
Extent of the prosecutors control
a. Prior to the filing of the case
The prosecutor has the discretion to file or
not to file a criminal action.
The prosecutor is vested with discretion as
to who is to prosecute and for what; he cannot be
compelled to file a particular information.
However, if the evidence presented at the PIleaves no doubt as to what crime was committed
and by whom, then mandamus is available to
compel the prosecuting officer to file the
corresponding complaint or information in
accordance with the evidence [Bernabe vs.
Bolinas, 18 SCRA 812].
b. After a case is filed
Once a criminal case has been filed in court,
it is the prosecutors duty, regardless of his
personal convictions or opinions, to proceed with
the presentation of his evidence to enable the
court to arrive at its own judgment as to the
accuseds culpability.
After an action has been filed in court, the
prosecutor has no power to dismiss the action
without the courts consent.
While the Secretary of Justice has the authority to
review the acts of his subordinates in criminal cases,
the court has always has the discretion to try a motion
to dismiss which the prosecution may file after the
Secretary of Justice reverses an appealed decision.
[Roberts Jr. vs. CA, GR 113930]
The trial court is not bound to adopt the resolution of
the Secretary of Justice since it is mandated to
independently evaluate or assess the merits of thecase and it may either agree or disagree with the
recommendation of the Secretary of Justice.
Effects of the lack of intervention by the fiscal in
the trial
Although the private prosecutor had
previously been authorized by the special
counsel to present the evidence for the
prosecution, in view of the absence of the City
Fiscal at the hearing, it cant be said that the
prosecution of the case was under the control of
the City Fiscal. It follows that the evidence
presented by the private prosecutor at said
hearing could not be considered as evidence
for the plaintiff [People vs. Beriales, 70 SCRA
361].
5. Sufficiency of Complaint or Information
1) Complaint defined
Definition: A sworn written statement charging a
person with an offense, subscribed by the
offended party, any peace officer or other publicofficer charged with the enforcement of the law
violated. [Rule 110, Sec. 3]
Persons authorized to file the complaint:
o offended party
o any peace officer
o other public officer charged with the
enforcement of the law violated.
Complaint refers to private crimes.
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Criminal cases under the Revised Rules on
Summary Procedure shall be either by complaint
or by information; provided that in MM and in
chartered cities the criminal action may only be
commenced by the filing of information (which
means by the prosecutor), except when the
offense cannot be prosecuted de oficio.
The complaint must be under oath. But lack
of oath is not a formal defect and will not
invalidate a judgment.
2) Information defined
Definition: An accusation in writing, charging a
person with an offense, subscribed by the
prosecutor and filed with the court. [Rule 110,
Sec. 4]
It is filed by the prosecutor and need not be
under oath. But it must be signed and subscribed
by the fiscal/prosecutor.
What the prosecutor signs under oath is thecertification that he has conducted the required
preliminary investigation (PI). Lack of certification
does not invalidate judgment. [People v. Bulaong
(1981)]
Information is valid when signed by prosecutor
who has authority to conduct PI of the offense
committed within his jurisdiction.
Information refers to public crimes.
The "complaint" referred to in Rule 110
contemplates one filed in court, not with the
fiscal. In that case, the proceeding must be
started by the aggrieved party himself.
As a general rule, a criminal action is
commenced by complaint or information, both of
which are filed in court. In case of a complaint, it
must be filed by the offended party; with respect
to an information, it is the fiscal who files it.
But a "complaint" filed with the fiscal prior to a
judicial action may be filed by any competent
person. [Ebarle v. Sucaldito (1987)]
3) Form & Substance
Sufficiency of complaint or information
A complaint or information is sufficient if it states the
name of the accused; the designation of the offense
given by the statute; the acts or omissions complained
of as constituting the offense; the name of the
offended party; the approximate date of the
commission of the offense; and the place where the
offense was committed. [Rule 110, Sec. 6]
Name of the accused
It must include the name and surname of the
accused, as well as any appellation or nickname
by which he has been or is known.
If the name cannot be ascertained, he must
be described under a fictitious name with a
statement that his true name is unknown. His true
name will be inserted if eventually disclosed or
appears in some manner to the court. [Rule 110,
Sec. 7]
If there are more than 1 accused, name all of
them. [Rule 110, Sec. 6]
Place of commission of offense
General rule: It is sufficient if it can be
understood that the offense (or some of its
essential ingredients) was committed within
jurisdiction of the court.
Exception: If the particular place where it was
committed:
o Constitutes an essential element of the
offenses charged;
o Is necessary for its identification.
Time of commission of the offense
General rule: The precise date is not
necessary.
Exception: When the date is a material
ingredient of the offense.
The determinative factor in the resolution of
the question involving a variance betweenallegation and proof in respect of the date of the
crime is the element of surprise on the part of the
accused and his inability to defend himself
properly.
o Need not be exact
As long as the alleged date is not so
remote or far removed from the actual
date so as to surprise and prejudice the
accused, then the information is valid.
o When date is so remote: defective
The allegation in the information of on
or about the year 1992 is defective as it
violates Rule 110, Sec. 11 and the
accuseds right to be informed of the
nature and cause of the accusation
against him, because the phrase not
only includes 12 months of the year
1992 but also years prior and
subsequent to 1992.
o Remedy in case of defect in averment
of time
17
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The remedy against an indictment that
fails to allege the time of commission of
the offense with sufficient definiteness is
a motion for a bill of particulars under
Rule 116, Sec. 6.
The accused may also file a MTQ on the
ground that allegations are so vague
and the time of commission of the
offense so remote that he is denied due
process and the right to be informed of
the accusation against him. But defect in
the date is not a ground for MTQ under
Rule 116.
Name of the offended party [Rule 110, Sec. 12]
If an offense against person: Name and surname;
nickname/appellation; fictitious name, if real
name is unknown.
If an offense against property:
o If name is unknown, particularlydescribe the property to identify the offense;
o If the name is later known, insert it;
o If a juridical person, name or known
name; without need to aver that it is juridical.
Where the name of the injured party is
necessary as matter of essential description of
the crime charged, the complaint must invest
such person with individuality by either naming
him or alleging that his name is unknown.
It is elementary that in crimes against
property, ownership must be alleged as matter
essential to the proper description of the offense.
[US v. Lahoylahoy (1918)]
6. Designation of Offense
Aver the acts and omissions constituting the
offense.
Specify the qualifying and aggravating
circumstances.[Rule 110, Sec. 8]
This is a procedural requirement to
safeguard the right of the accused to be informed
of the nature and cause of the accusation against
him. Information is legally viable as long as itdistinctly states the statutory designation of the
offense and the acts or omissions thereof.
In case of a conflict between the designation
of the crime and the recital of facts constituting
the offense, the latter prevails over the former.
7. Cause of the Accusation
Purpose
To enable a person of common understanding to
know what offense is intended to be charged;
To enable the court to pronounce proper
judgment.
Allegations required to safeguard right to be
informed
Allegations must be in ordinary or concise
language, sufficient to enable a person of
common understanding to know what offense is
being charged.
This must be done both for the offense charged
and the circumstances involved in its
commission. [Rule 110, Sec. 9]
The prosecutors characterization of the crime is
immaterial and purposeless. The facts stated in
the body of the complaint/information determine
the crime of which the accused stands charged
and for which he must be tried.
Qualifying and aggravating circumstances must
be alleged
Under the 2000 Rules of Criminal Procedure [Rule
110, Sec. 8], aggravating circumstances must be
specified in the information, otherwise they are not to
be considered even if proven during the trial.
What to allege
a) Where law prescribes exceptions
General rule: Where the law alleged to have
been violated prohibits generally acts thereindefined and is intended to apply to all persons
indiscriminately, but prescribes certain
limitations/exceptions from its violation, the
indictment/information is sufficient if it alleges
facts which the offender did as constituting a
violation of law, without explicitly negating the
exception, as the exception is a matter of
defense which the accused has to prove.
Exception: Where the statute alleged to have
been violated applies only to specific classes of
persons and special conditions and the
exemptions from its violation are so incorporated
in the language defining the crime that the
ingredients of the offense cannot be accurately
and clearly set forth if the exemption is omitted,
then the indictment must show that the accused
does not fall within the exemptions.
b) Where exceptions form as ingredients of
offense
If the exception is needed for defining the offense,
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then the information should negate the exception. [US
v. Chan Toco (1908)]
c) Where complex crime is charged
Where what is alleged in the information is a complex
crime and the evidence fails to support the charge as
to one of the component offenses, the defendant can
only be convicted of the offense proven.
8. Duplicity of the Offense; Exception
Duplicity of offenses[Rule 110, Sec. 13]
General rule
The information must charge only one offense.
Exception
When the law prescribes a single punishment for
various offenses
PurposeTo give the accused the necessary knowledge of the
charge to enable him to prepare his defense. Hence,
when an information charges more than one offense,
the accused may file a MTQ on the ground of duplicity
of offenses.
Several modes of committing offense not
duplicitous
In case of crimes susceptible of being
committed in various modes, the allegations in
the information of the various ways of committing
the offense would be regarded as a description of
only one offense and information is not rendered
defective.
Exception
o Complex crimes
o Special complex crimes
o Continuous crimes
o Crimes susceptible of being committed
in various modes
o Crimes which another offense is an
ingredient [People v. Camerino (1960)]
9. Amendment or Substitution of complaint or
information[Rule 110, Sec. 14] (2001 Bar)
Amendments in form and substance before plea
General rule
It must be made before the accused enters his plea.
Exception
If the amendment downgrades the nature of the
offense charged in, or excludes any accused from, the
complaint/information, it can be made only upon
motion of the prosecutor, with notice to the offended
party and with leave of court.
Substantial amendments after plea proscribed
Unlike formal amendments, substantial
amendments cannot be introduced after plea.
[People v. Zulueta (1951)]
Substantial matter in a complaint is the
recital of facts constituting the offense charged
and determinative of the jurisdiction of the court.
All other matters are merely of form. [Almeda v.
Villaluz (1975)]
Formal amendments after plea
It may be made after plea and during
trial; but it should not cause prejudice to the rights
of the accused.
The test as to WON a defendant is
prejudiced by the amendment of information is
o WON a defense under the information
as it originally stood would be available after
the amendment is made, and
o WON any evidence defendant might
have would be equally applicable to the
information in the one form as in the other.
[People v. Casey (1981)]
AMENDMENT SUBSTITUTION
Formal or Substantial
changes
Substantial change form
original
Can be effected without
leave of court
Must be with leave of
court
Only as to form, there is
no need for another PI
and retaking of plea
Another PI is entailed
and accused has to
plead anew
Amended information
refers to the same
offense charged in the
original information or
to an offense which is
included in the original
charge; can invoke
double jeopardy
Involves a different
offense which does not
include those provided
in the original charge;
cannot invoke double
jeopardy
10. Venue of criminal actions
Place where action is to be instituted
Venue of criminal actions shall be:
in the court of the municipality or territory
o where the offense was committed; or
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o where any of its essential ingredients
occurred. [Rule 110, Sec. 15(a)]
How venue or jurisdiction determined
Venue in criminal cases is jurisdictional, being an
essential element of jurisdiction.
One cannot be held to answer for any crime
committed by him except in the jurisdiction where
it was committed or where an essential ingredient
thereof took place. The place where the accused
was arrested is of no moment. [People v.
Enriquez]
Where crime is continuing
A person charged with a transitory crime may be
validly tried in any municipality or province where the
offense was in part committed. [People v. Gorospe
(1984)]
Libel cases Action to be instituted and filed in the court of the
province or city where the libelous article is
printed and first published.
If a private individual, action may also be filed in
the province where he actually resides at the time
of the commission of the offense. If a public
officer, action may be filed in the court of the
province or city where he held officeat the time
of the commission of the offense. [Art 360, RPC]
Offense committed on railroad
Action to be instituted and filed in the court of any
municipality or territory where said train, aircraft
or vehicle passed thru, including place of
departure or arrival. [Rule 110, Sec. 15(b)]
Rule applies only when the crime was committed
in the COURSE of the trip.
Offense committed on a vessel
Action may be instituted and tried in the court of the
first port of entry or any municipality or territory where
the vessel passed during such voyage, subject to
generally accepted principles of international law.[Rule 110, Sec. 15(c)]
Offense committed outside the Philippines
Cognizable by the court where the criminal action is
first filed [Rule 110, Sec. 15(d)]
11. Intervention of offended party [Rule 110, Sec.
16]
General rule
An offended party has the right to intervene in the
prosecution of a crime.
Exception
1) Where, from the nature of the crime and the law
defining and punishing it, no civil liability arises in
favor of a private offended party.
2) Where, from the nature of the offense, the private
offended party is entitled to civil indemnity arising
therefrom but he has waived the same or has
expressly reserved his right to institute a
separate civil action or he has already instituted
such action.
3) Offended party has already instituted action
Any move on the part of the complainant or
offended party to dismiss the criminal case, even
if without objection of the accused, should first be
referred to the prosecuting fiscal for his own viewon the matter. He controls the prosecution of the
case and may have reasons why the case should
not be dismissed. [Republic v. Sunga (1988)]
When private prosecutor is allowed to intervene:
[A.M. No. 02-2-07-SC]
o All criminal actions either commenced
by complaint or by information shall be
prosecuted under the direction and
control of a public prosecutor.
o In case of heavy work schedule of the
public prosecutor or in the event of lack
of public prosecutors, the private
prosecutor may be authorized in writing
by the Chief of the Prosecution Office or
the Regional State Prosecutor to
prosecute the case subject to the
approval of the court.
C. PROSECUTION OF CIVIL ACTION
1. Rule on implied institution of civil action with
criminal action
2. When civil action may proceed independently
3. When separate civil action is suspended
4. Effect of the death of accused or convict on
civil action
5. Prejudicial Question
6. Rule on Filing Fees in civil action deemed
instituted with the criminal action
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1. Rule on implied institution of civil action with
criminal action
How instituted
General rule: When a criminal action is
instituted, the civil action for the recovery of
damages is deemed instituted with the criminal
action. [Rule 111, Sec. 1]
Exception: If the offended party:
o Waives the civil action;
o Institutes the civil action prior to the criminal
action.
o Reserves the right to institute it separately;
Exception to this exception
o Claims arising out of a dishonored
check under BP 22 where no reservation to
file such civil action separately shall be
allowed. (2001 Bar)
o Claims arising from an offensewhich is cognizable by the Sandiganbayan.
[Sec. 4, PD 1606, as amended by RA 8249]
An offended party loses his right to intervene in
the prosecution of a criminal case, not only when
he has waived the civil action or expressly
reserved his right to institute it, but also when he
has actually instituted the civil action. For by
either of such actions his interest in the criminal
case has disappeared. [Garcia v. Florido (1973)]
Only civil liability arising from the crime chargedas a felony is deemed instituted with the criminal
action.
Does not include civil liability that the offended
party waives, reserves or those instituted prior to
the criminal action.
2. When civil action may proceed independently
The reservation of the right to institute separately
the civil action shall be made before the
prosecution starts presenting its evidence and
under circumstances affording the offended party
a reasonable opportunity to make such
reservation.
Procedure for making the reservation:
o Filing a manifestation in the criminal
case that the offended party is reserving
his right to file a separate civil action;
o Filing the separate civil action and
informing the court trying the criminal
case that the offended party has filed a
separate civil action.
The rule requiring reservation does not apply to
Art. 32-34 and 2176, CC. These civil actions can
be filed and prosecuted independently of the
criminal action.
No counterclaim, cross-claim or 3rd-party
complaint may be filed by the accused in the
criminal case, but any cause of action which
could have been the subject thereof may be
litigated in a separate civil action. [Rule 111, Sec.
1]
3. When separate civil action is suspended
The civil action which should be suspended after
the institution of the criminal action is that arising
from delict or crime.
Civil actions mentioned in Sec. 3 Rule 111 under
Arts. 32-34 and 2176 of the Civil Code are
exempted from the rule that after a criminal
action has been commenced, the civil action
which has been reserved cannot be instituteduntil final judgment has been rendered in the
criminal action.
4. Effect of the death of accused or convict on
civil action[Rule 111, Sec. 4]
If death is before arraignment Dismissal of case
without prejudice to filing of civil action against
estate of the deceased.
If death is after arraignment and during pendency
of criminal action Extinguishes civil liability.
Exception: if civil liability is predicated on other
sources of obligations, as with independent civil
actions, recovery may still be made against the
estate of the deceased or legal representative
after proper substitution.
o If death is while appeal is pending
extinguishes criminal liability and civil liability
based thereon.
5. Prejudicial Question(1999 Bar)
Elements of prejudicial question
General Rule: a prejudicial question isthat which arises in a case the resolution of
which is a logical antecedent of the issue
involved therein, and the cognizance of which
pertains to another tribunal.
The prejudicial question must be
determinative of the case before the court but the
jurisdiction to try and resolve the question must
be lodged in another court or tribunal.
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It is a question based on a fact distinct
and separate from the crime but so intimately
connected with it that it determines the guilt or
innocence of the accused. [Ras v. Rasul (1980)]
Effect
General rule: Where both a civil and a
criminal case arising from the same facts are filed
in court, the criminal case takes precedence.
Exception: If there exists a prejudicial
question which should be resolved first before an
action could be taken in the criminal case.
Requisites [Rule 111, Sec. 7]
1. Previously initiated civil action involves an
issue similar or intimately related to the issue
raised in the subsequent criminal action;
2. The resolution of such issue determines
WON the criminal action may proceed.
Where to file petition
Office of the prosecutor;
Court conducting the PI.
6. Rule on Filing Fees in civil action deemed
instituted with the criminal action
Filing fees of civil action deemed instituted in
criminal action
General Rule: the actual damages claimed or
recovered by the offended party are not included
in the computation of the filing fees. [Rule 111,
Sec. 1]
When the amount of damages, other than actual,
is specified in the complaint or information filed in
court, then the corresponding filing fees shall be
paid by the offended party upon the filing thereof
in court for trial; and
In any other casei.e., when the amount of
damages is not so alleged in the complaint or
information filed in court, the corresponding filing
fees need not be paid and shall simply constitute
a first lien on the judgment, except on an awardfor actual damages. [General v. Claravall (1991)]
Except: in criminal actions for violation of BP22,
the amount of the check involved shall be
considered as the actual damages for which no
separate civil action is allowed.
D. PRELIMINARY INVESTIGATION
1. Nature of right
2. Purposes of preliminary investigation
3. Who may conduct determination of existence
of probable cause
4. Resolution of investigation prosecutor
5. Review
6. When warrant of arrest may issue
7. Cases not requiring a preliminary
investigation
8. Remedies of accused if there was no
preliminary investigation
9. Inquest
1. Nature of right
Preliminary investigation, defined
It is an inquiry or proceeding to determine
whether there is sufficient ground to engender a
well-founded belief that a crime has been
committed and the respondent is probably guilty
thereof, and should be held for trial. [Rule 112,
Sec. 1]
The conduct of a PI is the initial step towards
the criminal prosecution of a person.
Nature of the Right to PI
It is a statutory right in those instances where it is
required, and to withhold it would violate the
constitutional right to due process. [People v.Oandasa (1968)]
It is part of the guarantees of freedom and fair
play. [La Chemise Lacoste, S.A. v. Fernandez
(1984)]
The right to have a PI conducted before being
bound over to trial for a criminal offense and
hence formally at risk of incarceration or some
other penalty is not a mere formal or technical
right but a substantial right
Right to Preliminary Investigation
The right to preliminary investigation is a
personal right which the accused may waive
either expressly or by implication.
When the accused waives his right to preliminary
investigation, the fiscal may forthwith file the
corresponding information with the proper court.
[People v. Perez (1960)]
The right is deemed waived by:
1. the failure to claim it before the accused
pleaded [People v. Magpale (1940)]
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2. silence of the accused [People v.
Mijares (1951)]
3. failure to request it within 5 days from
time he learns of the filing of the
complaint/information
4. when accused already posted bond for
his release and subsequently went to
trial without claiming his right to PI
[People v. Selfaison (1961)]
5. a fortiori absence of the accused [Rule
112, Sec. 3(d); de Guzman v. People
and Sandiganbayan (1982)]
An application for or admission to bail shall not
bar the accused from assailing the regularity or
questioning the absence of a preliminary
investigation of the charge against him provided
that he raises the challenge before entering his
plea [Rule 114, sec. 26].
2. Purposes of preliminary investigation To determine whether or not a crime has been
committed and whether or not there is probable
cause to believe that the accused is guilty. [Raro
v. SB (2000)]
To protect the accused from the inconvenience,
expense and burden of defending himself in a
formal trial
To secure the innocent against hasty, malicious
and oppressive prosecution, and to protect him
from an open and public accusation of a crime,
from the trouble, expense, anxiety of a public
trial, and also protect the state from useless and
expensive trials. [Tandoc v. Resultan (1989)]
Scope of PI
A PI is merely inquisitorial, and it is often the
only means of discovering the persons who may
reasonably be charged with a crime, to enable
the prosecutor to prepare his complaint or
information. It is not a trial of the case on the
merits and does not place the persons against
whom it is taken in jeopardy.
It is not the occasion for the full and exhaustivedisplay of the parties evidence, it is for the
presentation of such evidence as may engender
a well-grounded belief that an offense has been
committed and that the accused is probably guilty
thereof. [Raro v. Sandiganbayan, et al. (2000)]
A PI takes on an adversarial quality, because a
previous inquiry of some kind, before an accused
person is placed on trial. [Raro v. SB, et al.
(2000)]
3. Who may conduct determination of existence
of probable cause
Generally [Rule 112, Sec. 2 as amended by
A.M. No. 05-8-26-SC]
1. Provincial/city prosecutors and their
assistants;
2. National and regional state prosecutors;
3. Other officers as may be authorized by law.
COMELEC, when vested
COMELEC may conduct investigation as regards
election offenses. [Art. 9-C, Sec. 2(6), Consti; Sec.
265, Omnibus Election Code]
Ombudsman
o The Ombudsman and his
Deputies, as protectors of the people, shall
act promptly on complaints filed in any formor manner against public off icials or
employees of the Government, or any
subdivision, agency or instrumentality
thereof, including GOCCs and shall, in
appropriate cases, notify the complainants of
the action taken and the result thereof. [Art.
11, Sec. 12, Consti]
o The Ombudsman is
authorized to conduct preliminary
investigation and to prosecute all criminal
cases involving public off icers and
employees, not only those within the
jurisdiction of the Sandiganbayan, but also
those within the jurisdiction of regular courts
as well.
o If the offense comes within
the jurisdiction of regular courts, the
Ombudsman may endorse the same to, and
deputize the provincial/ city prosecutor who
has jurisdiction over the case for proper
preliminary investigation.
o If the offense is cognizable
by the Sandiganbayan, the preliminaryinvestigation has to be conducted pursuant
to Rule 11 of the Rules of Procedure of the
Office of the Ombudsman requiring that the
complaint must be under oath.
Note: RTC judges have NO power to conduct PI; and
MTC judges cannot conduct PI anymore after A.M.
No. 05-8-26-SC eliminated judges of the MTC and
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MCTC from those authorized to conduct a PI effective
October 3, 2005.
Procedure
1. Filing of the complaint [Rule 112, Sec. 3(a)]
The complaint must state the respondents
address. It must include the affidavits of
complainant and the witnesses, and other
documents to establish probable cause.
It must be in 2 copies, and subscribed and
sworn to before a prosecutor or government
official authorized to administer oath or notary
public.
2. Action of the investigating officer [Rule 112,
Sec. 3(b)]
Investigating officer must act within 10 days
after the filing of the complaint. He will either:
Dismiss - If he finds no ground to continue
investigation; Issue a subpoena to the respondent,
attaching the complaint and other documents.
o If subpoena is not possible, the
investigating officer shall decide based on
what complainant presented.
Respondent has the right to examine the
evidence submitted by complainant, and copy
evidence at his expense.
3. Defendants counter-affidavit
Must be made within 10 days from receipt of
complaint, and must comply with the same
requirements as a complaint. [Rule 112, Sec.
3(c)]
If not made within 10 days, the investigating
officer shall resolve the complaint based on the
evidence presented by the complainant [Rule
112, Sec. 3(d)]
4. Hearing [Rule 112, Sec. 3(e)]
The investigator must conduct a hearing
within 10 days from receipt of the counter-
affidavit. The hearing must be finished in 5 days. Hearing is conducted only if there are such
facts and issues to be clarified from a party or a
witness.
Parties may be present evidence, but they
have no right to examine or cross-examine.
Questions of parties shall be submitted to the
investigating officer.
Within 10 days, the officer shall determine
WON there is sufficient ground to hold
respondent for trial.
4. Resolution of investigation prosecutor [Rule
112, Sec. 4]
If the investigating officer finds no probable
cause, he will dismiss the case. Otherwise, he
will prepare an information and resolution.
He certifies in the information that he is an
authorized officer; that he personally examined
the complainant and witnesses; that there is
reasonable ground to believe that a crime has
been committed and that the accused is probably
guilty thereof; that the accused was informed of
the complaint and of the evidence submitted
against him; and that he was given an
opportunity to submit controverting evidence.
5. Review[Rule 112, Sec. 4] Within 5 days from resolution, the
investigating officer will forward the case to the
prosecutor or the ombudsman.
Within 10 days from receipt of the resolution,
the prosecutor/ombudsman will act on the case.
The prosecutor/ombudsman has to
authorize/approve the filing of an information by
the investigating officer.
In case of dismissal by investigating officer,
the prosecutor/ombudsman, if he disagrees, may
file the information himself or any deputy or order
any prosecutor to do so without conducting a
new PI.
The DOJ Secretary may file the information
or dismiss the information filed by the prosecutor.
6. When warrant of arrest may issue
If the judge finds probable cause, he shall
issue a warrant of arrest, or a commitment order
if the accused has already been arrested, and
hold him for trial.
Judges of RTC and inferior courts need not
personally examine the complainant and hiswitnesses in the determination of PC. But he
must personally evaluate the prosecutors report
and other sufficient supporting evidence, and on
the basis thereof either dismiss the case, issue a
warrant, or require further affidavits.
Warrant that is simply based on report and
recommendation of prosecution invalid; judge
must make an independent judgment of whether
or not there is probable cause. This is because
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the probable cause for the prosecutor and judge
are different:
o PC for
PROSECUTOR:
whether or not there
is reasonable ground
to believe that the
accused is guilty of
the offense charged
and should be held
for trial for which
information is to be
filed.
o PC for JUDGE:
whether or not a
warrant of arrest
should be issued so
that the accused may
be held in custody in
order not to frustratethe ends of justice.
Judge may dismiss the case if the evidence
on record clearly fails to establish a probable
cause
Judge may order the prosecutor to present
evidence within 5 days from notice and the issue
may be resolved by the court within 30 days from
filing of complaint/information.
7. Cases not requiring a preliminary investigation
Cases not requiring a preliminary investigation
Nor Covered by Rule on Summary Procedure
[Rule 112, Sec. 8]
For cases punishable by imprisonment of
less than 4 years, 2 months and 1 day, filed with
the prosecutor or MTC/MCTC,
Within 10 days after the fi ling of the
complaint/information, if the judge finds no PC
after personally evaluating the evidence or after
personally examining in writing and under oath
the complainant and his witnesses in the form of
searching questions and answers, he shalldismiss the same.
However, the judge may require the
submission of additional evidence within 10 days
from notice, to determine further the existence of
PC.
If the judge still finds no PC despite the
additional evidence, he shall dismiss the case
within 10 days from its submission or expiration
of said period.
If the judge finds PC, he shall issue a
warrant of arrest or a commitment order (if the
accused had already been arrested) and hold
him for trial.
However, if the judge is satisfied that there is
no need to place the accused under custody, he
may issue summons instead.
8. Remedies of accused if there was no
preliminary investigation
Effect of denial of right to PI
While PI is a statutory and substantive right and a
component part of due process, the absence of
PI (1) does not impair the validity of the
information or otherwise render it defective; (2)
neither does it affect the jurisdiction of the court
(3) nor constitute a ground for quashing the
information.
The trial court, instead of dismissing theinformation, should hold in abeyance the
proceedings and order the public prosecutor to
conduct a PI. [Villaflor vs. Vivar, 349 SCRA 194]
9. Inquest
General rule
PI is required to be conducted before a complaint/
information is filed for an offense where the penalty
prescribed by law is at least 4 years, 2 months and 1
day, without regard to the fine. [Rule 112, Sec. 1]
Exception
When a person is lawfully arrested without a
warrant involving an offense that requires a PI, a
complaint/information may be filed without
conducting the PI if the necessary inquest is
conducted.
o INQUEST a summary inquiry
conducted by the prosecutor for the purpose
of determining whether the warrantless
arrest of a person is based on probable
cause
In the absence or unavailability of an inquest
prosecutor, the complaint may be filed by the
offended party or by a peace officer directly with
the proper court on the basis of the affidavit of
the offended party or arresting officer or person.
However, before the complaint or information
is filed, the person arrested may ask for a PI, but
he must sign a waiver of the provisions of Art.
125, RPC in the presence of his counsel.
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Notwithstanding the waiver, he may apply for bail
and the investigation must be terminated within
15 days from its inception.
After the filing of the complaint/ information
in court without a PI, the accused may within 5
days from the time he learns of its filing, ask for a
PI with the same right to adduce evidence in his
defense as provided in Rule 112. [Rule 112, Sec.
6]
E. ARREST
1. Arrest, how made
2. Arrest without warrant, when lawful
3. Method of arrest
4. Requisites of a valid warrant of arrest
5. Determination of Probable Cause for
issuance of warrant of arrest
6. Distinguish probable cause of fiscal from that
of a judge
ARREST 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]
Ordinarily, an invitation to attend a hearing and
answer some questions, which the person invited
may heed or refuse at his pleasure, is not illegal
or constitutionally objectionable.
However, where the invitation comes from a
powerful group composed predominantly of
ranking military officers issued at a time when the
country has just emerged from martial rule and
when the suspension of the privilege of the writ of
habeas corpus has not entirely been lifted, and
the designated interrogation site is a military
camp, the same can be easily taken, not as a
strictly voluntary invitation which it purports to be,
but as an authoritative command which one can
only defy at his peril. Although in the guise of arequest, it was obviously a command or an order
of arrest that a person could hardly be expected
to defy. [(Sanchez v. Demetriou (1993)]
Immunity from arrest
o Parliamentary Immunity - Senators
and Members of the House of
Representatives, while Congress is in
session and for offenses punishable by
not more than 6 years imprisonment.
[Art. 6, Sec. 11, Consti]
o Diplomatic Immunity - Ambassadors
and ministers of foreign countries. [RA
75]
1. Arrest, how made
Constitutional requirements on arrest
The right of the people to be secure in their
persons, houses, papers, and effects against
unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and
no search warrant or warrant of arrest shall issue
except upon probable cause to be determined
personally by the judge after examination under oath
or affirmation of the complainant and the witnesses he
may produce, and particularly describing the place to
be searched and the persons or things to be seized.
[Art. 3, Sec. 2, Consti]
Arrest with warrant (2008 Bar)
How arrest is made
o No violence or unnecessary force shall
be used in making an arrest. Person arrested
shall not be subject to a greater restraint than
necessary. [Rule 113, Sec. 2, par. 2]
o Application of actual force, manual
touching of the body, physical restraint or a
formal declaration of arrest is not required.
o It is enough that there be an intent on
the part of one of the parties to arrest the
other and an intent on the part of the other to
submit, under the belief and impression that
submission is necessary. [Sanchez v.
Demetriou (1993)]
Time to make arrest
Arrest may be made on any day and at any time of the
day or night [Rule 113, Sec. 6]
2. Arrest without warrant, when lawful(1997, 2000,
2003, 2004 Bar)
IN FLAGRANTE DELICTO Literally, caught in
the act of committing a crime. When the person
to be arrested has committed, is actually
committing or is attempting to commit an offense
in the presence of the peace officer or private
person who arrested him. [Rule 113, Sec. 5(a)]
o In his presence means: [People v.
Evaristo (1992)]
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He sees the offense, even though at a
distance;
He hears the disturbances created by
the offense and proceeds at once to the
scene;
Offense is continuing or has been
consummated at the time arrest is
made.
o Entrapment
An arrest made after an entrapment
does not require a warrant inasmuch as
it is considered a valid warrantless
arrest pursuant to Rule 113, Sec. 5(a) of
the Rules of Court. [Teodicio v Court of
Appeals (2004)]
o Buy-bust operation
When the appellant is caught in
flagrante as a result of the buy-bust
operation, the policemen are not only
authorized but are also under obligationto apprehend the drug pusher even
without a warrant of arrest. [People v de
Lara (1994)]
HOT PURSUIT ARREST - When an offense has
just been committed and the officer or private
person has probable cause to believe, based on
personal knowledge of facts or circumstances,
that the person to be arrested has committed it
[Rule 113, Sec. 5(b)]
o Officer/private person must have
personal knowledge of offense just
committed
Personal knowledge must be based
on probable cause which means an
actual belief or reasonable grounds of
suspicion.
The grounds of suspicion are
reasonable when, in the absence of
actual belief of the arresting officer, the
suspicion that the person to be arrested
is probably guilty of committing the
offense is based on actual facts, i.e.,
supported by circumstances sufficiently
strong in themselves to create the
probable cause of guilt of the person to
be arrested.
A reasonable suspicion therefore
must be founded on probable cause,
coupled with good faith on the part of
the peace officers making the arrest..
[Posadas v. Ombudsman (2000)]
o Meaning of offense has in fact just been
committed: implies immediacy in point
of time
ARREST OF ESCAPED PRISONER
o When the person to be arrested is a
prisoner who has escaped: [Rule 113,
Sec. 5(c)]
From a penal establishment or place
where he is:
Serving final judgment;
Temporarily confined while his case
is pending.
While being transferred from one
confinement to another.
o Escapee may be immediately pursued
or re-arrested without a warrant at any
time and in any place within the
Philippines. [Rule 113, Sec. 13]
o Rationale: At the time of arrest, theescapee is in continuous commission of
a crime (i.e. evasion of service of
sentence).
3. Method of arrest
a. by officer with warrant
Duties of the arresting officer
Execution of warrant (section 4, Rule 113)
The head of the office to whom the warrant of arrest
was delivered shall cause the warrant to be executed
within ten (10) days from its receipt
To make a report to the judge who issued the
warrant within 10 days after expiration of the
period to execute.
In case of his failure to execute, he shall state the
reasons therefore
To arrest the accused and deliver him to the
nearest police station or jail without unnecessary
delay. [Rule 113, Sec. 3]
Rights of the arresting officer
To summon assistance. [Rule 113, Sec. 10]
He may orally summon as many persons as he
deems necessary to assist him in effecting the arrest.
Persons summoned shall assist in effecting the arrest
when he can do so without detriment to himself.
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To break into any building/enclosure where
the person to be arrested is or is reasonably
believed to be. [Rule 113, Sec. 11]
If he is refused admittance after announcing his
authority and purpose.
Also applicable where there is a valid arrest without a
warrant.
Rationale: Person to be arrested cannot use his
house/ building/ enclosure as a shelter for crime. The
inviolability of domicile cannot be used to shield
arrest.
To break out from the building/enclosure
when necessary to liberate himself. [Rule 113,
Sec. 12]
Also applicable where there is a valid arrest without a
warrant.
To search the person arrested for dangerous
weapons or anything which may have been used
or constitute proof in the commission of an
offense. [Rule 126, Sec. 13]
Without need of a search warrant if it is incidental to a
lawful arrest.
b. by officer without warrant
Duties of arresting officer without warrant
The officer shall inform the person to be
arrested of his authority and the cause of the
arrest. [Rule 113, Sec. 8]
Exceptions:
o The person to be arrested is
engaged in the commission of the offense;
o He is pursued immediately
after its commission;
o He escapes, flees or forcibly
resists before the officer has the opportunity
to so inform him;
o Giving such information will
imperil the arrest.
c. by private person
Duties of private person effecting an arrest
The private person shall inform the person to
be arrested of the intention to arrest him and the
cause of the arrest. [Rule 113, Sec. 9]
Exceptions: same as those for arrest by an
officer
The private person must deliver the arrested
person to the nearest police station or jail, and he
shall be proceeded against in accordance with
Rule 112, Sec. 7.
Otherwise, the private person may be held
liable for illegal detention.
4. Requisites of a valid warrant of arrest
Issuance
Essential Requisites of a Valid Arrest
Warrant[Art. 3, Sec. 2, Consti]
o It must be issued upon
probable cause which must be determined
personally by a judge after examination
under oath or affirmation of the complainant
and the witnesses he may produce.
o The warrant must particularly
describe the person to be seized.
Instances When Judge Issues Warrant of Arrest
Upon the filing of the information by the
public prosecutor and after personal evaluation
by the judge of the prosecutors resolutionand
supporting evidence. [Rule 112, Sec. 6(a)]
o The judge does not have to
personally examine the complainant and his
witnesses. The prosecutor can perform the
same functions. [Soliven v. Makasiar (1988)]
o Bare certification by the fiscal
is not enough. It should be supported by a
report and necessary documents. [Lim v.
Felix (1991)]
o Examples of Evidence To Be
Examined: complaint, affidavits and
counter-affidavits.
Upon application of a peace officer and
after personal examination by the judge of the
applicant and the witnesses he may produce.
[Rule 112, Sec. 6(b)]
o Rationale: There is yet no
evidence on record upon which judge may
determine the existence of PC.
o Conditions:
The investigating judge must have
examined in writing and under oath the
complainant and his witnesses by
searching questions and answers.
He must be satisfied that PC exists;
There is a need to place the respondent
under immediate custody in order not to
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frustrate the ends of justice. [Samulde v.
Salvani (1988)]
A warrant of arrest has no expiry date.
It is only subject to the requirements found in
Section 4, Rule 113.
5. Determination of Probable Cause for issuance
of warrant of arrest
Probable cause test
The probable cause test is an objective one, for in
order that there be probable cause, the facts and
circumstances must be such as would warrant a belief
by a reasonable prudent man that the accused is
guilty of the crime which has just been committed
[People vs. Allado (1994)]
6. Distinguish probable cause of fiscal from that
of a judge
Rule: The law requires personal determination on the
part of the judge. The judge may rely on the report of
the investigating prosecutor provided he also
evaluates the documentary evidence in support
thereof. Hence, the fiscals finding of probable cause
is not conclusive upon the judge as to his
determination of whether or not there is indeed
probable cause. [AAA vs. Carbonell (2007)]
F. BAIL
1. Nature
2. When a matter of right; exceptions
3. When a matter of discretion
4. Hearing of application for bail in capital
offenses
5. Guidelines in fixing amount of bail
6. Bail when not required
7. Increase or Reduction of Bail
8. Forfeiture and Cancellation of bail
9. Application not a bar to objections in illegal
arrest, lack of or irregular preliminary
investigation
10. Hold Departure Order & Bureau of
Immigration Watchlist
1. Nature
Definition
Bail is the security given for the release of a person in
custody of the law, furnished by him or a bondsman,
to guarantee his appearance before any court as
required under conditions hereinafter specified. [Rule
114, Sec. 1]
Note: This does not refer to the bondsman or surety
who furnishes the bail.
Purpose
1. To honor the presumption of innocence until
his guilt is proven beyond reasonable doubt [Art.
III, Sec. 14, Consti; Paderanga vs CA (1995)].
2. To implement his right to bail as provided for
by the Constitution [Art III, Sec. 13, Consti].
3. To allow the accused unhampered
preparation of his defense and prevent infliction
of punishment prior to conviction.
Note:
The purpose of bail only accrues when a
person is arrested or deprived of his liberty. It is
incongruous to grant bail to one who is free.
Hence, only those who have either been
arrested, detained or otherwise deprived of their
liberty can invoke his right under the Constitution.
From the moment he is placed under arrest,
detention or restrain by officers of the law, he can
claim his constitutional right [Feliciano vs
Pasicolan (1965)].
Upon assumption of the obligation of bail,
the sureties become in law the jailers of their
principal.
It shall not constitute as a waiver of his right
to challenge the legality of his arrest or the
absence of PI [Rule 114, Sec. 26].
Prosecution witnesses may also be required
to post bail to ensure their appearance at the trial
of the case where:
1. There is substitution of information [Rule
110, Sec. 4].
2. Where the court believes that a materialwitness may not appear at the trial [Rule
119, Sec. 14].
2. When a matter of right; exceptions
Admittance to Bail as a Matter of Right
When bail is a matter of right [Rule114, Sec. 4]
a. Before or after conviction by the MTC.
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b. Before conviction by RTC of all offenses
punishable by penalty lower than reclusion
perpetua.
Note:
A formal complaint or information is not
required [Herras Teehankee vs Rovira (1945)].
The Court should not even allow a motion for
bail to be set for hearing unless it has acquired
jurisdiction over the person of the accused and
the case by its filing in court [Guillermo vs Judge
Reyes (1995)].
How is custody acquired?
1. By virtue of a warrant or a warrantless arrest.
2. Voluntary submission to the Courts
jurisdiction [Santiago vs Vasquez (1993)].
When right to bail not available
1. When evidence of guilt is strong in capitaloffenses or offenses punishable by reclusion
perpetua or life imprisonment.
Exception: When accused charged with
a capital offense is a minor, he is entitled to
bail regardless of whether the evidence of
guilt is strong.
Capital Offense: An offense which
under the law existing at the time of
commission and of the application for
admission to bail is punishable by death
[Rule 114, Sec. 6].
The capital nature of the offense is
determined by the penalty prescribed by law
and not the one actually imposed.
2. Bail in extradition proceedings
The right to bail is available only in
criminal proceedings. It does not apply to
extradition proceedings because extradition
courts do not render judgments of conviction
or acquittal. Bail is not a matter of right in
extradition cases. However, bail may be
applied for and granted as an exception, only
upon a clear and convincing evidence thatonce granted, the applicant will not be flight
risk or will not pose danger to the
community, and that there exists special
humanitarian and compelling circumstances
[Gov of USA vs Purganan & Jimenez
(2002)].
Note:
If the penalty imposed by the trial court is
imprisonment exceeding 6 yrs, the accused shall
be denied bail or his bail shall be cancelled upon
showing by the prosecution of the following:
1. Recidivism, quasi-recidivism, or habitual
delinquency or commission of a crime
aggravated by reiteration.
2. Previously escaped from legal confinement,
evaded sentence or violated bail conditions
without valid justification.
3. Commission of offense while under
probation, parole or conditional pardon.
4. Probability of flight.
5. Undue risk that he may commit another
crime during pendency of appeal.
Right to bail is not available in the military
[Comendador v. de Villa (1991)].
After a judgment of conviction has becomefinal
If he applied for probation before finality, he
may be allowed temporary liberty under his bail
[Rule 114, Sec. 24].
After the accused has commenced to serve
his sentence [Rule 114, Sec. 24]
Note: See Appendix 1 for summary on the Availability
of Bail
3. When a matter of discretion[Rule 114, Sec. 5]
1. Before conviction, in offenses punishable by
death, reclusion perpetua or life imprisonment.
2. Upon conviction by the RTC of an offense
not punishable by death, reclusion perpetua or
life imprisonment.
It may be filed in and acted upon by the
RTC despite the filing of notice of appeal,
provided that it has not transmitted the
original record to the appellate court.
If RTC changed nature of the offensefrom bailable to non-bailable, it can be
resolved only by the appellate court.
Note:
In hearing the petition for bail, the
prosecution has the burden of showing that the
evidence of guilt is strong [Rule 114, Sec. 8]. The
prosecution must be given ample opportunity to
show that the evidence of guilt is indeed strong.
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While the proceeding is conduced as a regular
trial, it must be limited to the determination of the
bailability of the accused. It should be brief and
speedy, lest its purpose be rendered nugatory
[People vs Singh (2001)].
If bail is granted, provisional liberty continues
under the same bail subject to the consent of the
bondsman [Rule 114, Sec. 5].
If bail is denied by the RTC, the accused-
appellant may challenge it by filing a motion (and
not a special civil action or a special proceeding)
in the appellate court after it has acquired
jurisdiction over the case. It shall be treated as
an incident in the appeal.
In deportation proceedings, it is the CIDs
discretion. [Harvey v. Defensor-Santiago (1990)].
4. Hearing of application for bail in capital
offenses
Section 6. Capital offense, defined
It is an offense which, under the law existing at the
time of its commission and of the application for
admission to bail may be punished with death. The
capital nature of an offense is determined by the
penalty prescribed by law, and not by the p