2021- VER.1
CRIMINAL PROCEDURE
MDJ's Criminal Procedure Notes 2021-ver.1
LEGEND:
White lines are for demonstration or
illustration under one topic.
Green line and arrow contemplates of a
flow (procedurally what is next)
Red line contemplates of fatal procedure
NOTES
www.milesfajardo.com
J.Leonen cases and very likely to
appear in exams
Light blue boxes are super
important infos
Light green boxes are part of
procedural illustrations
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CRIMINAL PROCEDURE
Our Criminal Procedure is an Adversarial system. It contemplates two
contending parties before the Court which hears them impartially and
renders judgment after trial.
CASE FLOW
COMMISSION OF THE CRIME
Crimes that do not requires
Preliminary Investigation
Crimes that requires
Preliminary Investigation
Preliminary
Investigation
Filing of
Information
Issuance of
warrant
1
Chartered City
2
Provincial
3
Filing of Complaint
with Prosecutors's
office
Direct Filing of
Complaint in Court
Crimes committed
in flagrante delicto
or hot pursuit
Filing of
Information
NOTES
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Arrest
Arrest
Issuance of
warrant
Arrest
Inquest
Proceedings
Arraignment
Arrest
Arraignment
Filing of
Information
Pre-Trial
Arraignment
Pre-Trial
Commitment
Order
Trial
Pre-Trial
Trial
Arraignment
Judgement
Trial
Judgement
Pre-Trial
Appeal
Judgement
Appeal
Trial
Service of
Sentence
Appeal
Service of
Sentence
Judgement
Service of
Sentence
1
Issuance of
warrant
Appeal
Service of
Sentence
Filing of
Information
Exercise of Criminal Jurisdiction
Subject Matter | Person of the Accused | Territory
Jurisdiction over:
Subject Matter
Conferred by law. Thus,
can't be subject to waiver,
agreement or consent of
the parties. (Conjuangco.
Jr. v Republic, 686 SCRA
472)
Jurisdiction by Estoppel? (exception to
the rule that Jurisdiction over subject
matter can't be waived)
Available to Criminal Case (People v.
Regalario). If factual circumstances are
same as in Tijam vs. Sibonghayon.
Requisites:
1. Losing party participated in the
proceeding
2. Ask an affirmative relief in the court
3. losing party only question the
jurisdiction of the court after 15
years
How determined?
By the allegations in the information; it
is determined by penalty imposable not
the penalty imposed.
ONCE JURISDICTION is ATTACHED it will
CONTINUE up to the termination of the
case regardless of what happen in the
interim.
Determined
by
the
at
the
commencement of the criminal action
not the law in effectat the time of the
commission of the offence.
Exception: SandiganBayan cases, it is
determined at the time of the
commission of the offense.
2
NOTES
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Person of the Accused
Territory
How acquired?
Art 2 of RPC
Voluntary
Appearance
Warrant
Voluntary Appearance:
1. Asking affirmative relief from the
Court
2. Filing of motion to quash, Except when
the ground is lack of Jurisdiction over
the person of the accused
3. Appearance
of
Counsel
during
arraignment
4. Entry of appearance of counsel for the
accused
5. Act of posting bail without qualification
Custody of the law vs Jurisdication over
the person of the accused:
When you ask something to court,
like motion to quash or dismiss, it is
understood that you submitted your
self to the court and jurisdiction
over the person is acquired. David vs
Agbay (March 18, 2015)
Custody of law is Required before the court can act upon
the application of bail, but is not required for the
adjudication of other reliefs sought by the defendant
where the mere application thereof constitutes a waiver of
defense of lack of jurisdiction over the accused.
Being in the custody of the law signifies restraint on the
person, who is thereby deprived of his own will and liberty,
binding him to become obedient to the will of the law.
Custody of the law is literally custody over the body of the
accused. It includes, but is not limited to, detention
Custody of
the law
Jurisdiction over
the Person
Accomplished either by
arrest or voluntary
surrender.
Acquired upon his arrest or
voluntary appearance.
One can be under the
custody of the law but
not yet subject to the
jurisdiction of the court
over his person, such as
when a person arrested
by virtue of a warrant
files a motion before
arraignment to quash the
warrant
(Miranda
v.Tuliao, 520 Phil. 907,
919 (2006).
On the other hand, one can
be
subject
to
the
jurisdiction of the court
over his person, and yet not
be in the custody of the law,
such as when an accused
escapes custody after his
trial has commenced.
Article
2.
Application
of
its
provisions. - Except as provided in
the treaties and laws of preferential
application, the provisions of this
Code shall be enforced not only
within the Philippine Archipelago,
including its atmosphere, its interior
waters and maritime zone, but also
outside of its jurisdiction, against
those who:
1. Should commit an offense while
on a Philippine ship or airship
2. Should forge or counterfeit any
coin or currency note of the
Philippine Islands or obligations and
securities issued by the Government
of the Philippine Islands;
3. Should be liable for acts
connected with the introduction into
these islands of the obligations and
securities
mentioned
in
the
presiding number;
4. While being public officers or
employees, should commit an
offense in the exercise of their
functions; or
5. Should commit any of the crimes
against national security and the law
of nations, defined in Title One of
Book Two of this Code.
Criminal Jurisdiction of Courts
MTC - Metropolitan Trial Court/ Municipal trial circuit
court/ Municipal Circuit Trial Court
RTC - Regional Trial Court
SB - Sandigan Bayan
CTA - Court of Tax Appeals
MTC
NOT EXCEEDING 6 YRS
Over all offenses punishable with
imprisonment not exceeding six (6) years
irrespective of the amount of fine, and
regardless of other 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
VIOLATION OF CITY ORDIANCES
Exclusive original jurisdiction over all
violations of city or municipal ordinances
committed
within
their
respective
territorial jurisdiction
SB
EXCEEDING 6 YRS
Those where the penalty provided by
law exceeds six (6) years imprisonment
irrespective of the fine;
Or even not exceeding 6 yrs, Certain cases:
Violations of RA 9165 (Dangerous Drugs
Act)
Violation of IPL (Intellectual property
law)
Defamation under Art. 360
Violation of 9262
Anti-money laundering
Violation of Cyber-Crime Law
Those criminal cases falling under the
appellate jurisdiction of SB
Violation of Election Laws
Who committed the offense
Salary Grade 27
Elements of Jurisdiction of SB
Know the crime
committed
RTC
Who committed
the offense
Two elements must concur
Know the crime committed
Violations of RA 3019 – Anti-Graft and
Corrupt Practices Act
RA 1379 – Forfeiture
Other offenses or felonies whether
simple or complexed with other crimes
committed by the public officials and
employees committed in relation to the
office.
Plunder
Chapter II, Section 2,TitleVII, Book 2 of RPC
Direct Bribery (Art. 210)
Indirect Bribery (Art. 211)
Qualified Bribery (Art. 211-A)
Corruption of public official (Art. 212)
(1) Officials of the executive branch occupying the positions
ofregional director and higher, otherwise classified as Grade
’27’ and higher, of the Compensation and Position
Classification Act of 1989 (Republic Act No. 6758),specifically
including:
(a) Provincial governors, vice-governors, members of the
sangguniang panlalawigan, and provincial treasurers,
assessors, engineers, and other provincial department
heads:
(b) City mayors, vice-mayors, members of the sangguniang
panlungsod, city treasurers, assessors, engineers, and other
city department heads;
(c) Officials of the diplomatic service occupying the position
of consul and higher;
(d) Philippine army and air force colonels, naval captains,
and all officers of higher rank;
(e) Officers of the Philippine National Police while occupying
the position of provincial director and those holding the
rank of senior superintendent (full pledge Colonel and
higher;
(f) City and provincial prosecutors and their assistants, and
officials and prosecutors in the Office of the Ombudsman
and special prosecutor;
(g) Presidents, directors or trustees, or managers of
government owned or controlled corporations, state
universities or educational institutions or foundations.
3
NOTES
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(2) Members of Congress and officials thereof
classified as Grade 27’ and higher under the
Compensation and Position ClassificationAct of
1989;
(3) Members of the judiciary without prejudice to
the provisions
of the Constitution;
(4)
Chairmen
and
members
of
the
Constitutional Commissions, without prejudice
to the provisions of the Constitution; and
(5) All other national and local officials
classified as Grade ’27’
and higher under the Compensation and Position
Classification Act of 1989.
SB
Illustrative Cases
“Jurisdiction over private persons”
Geduspan vs. People, 451 SCRA 187
– Petitioner is a manager of Philhealth. Sandiganbayan has
jurisdiction. It fall within Par. 1(g).
The controlling doctrine is that private person may be charged
in conspiracy with public officers.
People vs. Sandiganbayan, 630 SCRA 489
– although member of Sangguniang Panglunsod, even with
salary grade of only 26, Sandiganbayan has jurisdiction.
Hence, it is a settled rule that private persons, when acting in
conspiracy with public officers, may be indicted and, if found
guilty, held liable for violation RA 3019 (Uybocovs. People,
December 10, 2014).
OMBUDSMAN
Even if the public officer prior the filing of an information died,
the Graft Court will not be divested of its jurisdiction
Who conduct investigation?
Serana vs. Sandiganbayan, 542 SCRA 224
– student regent is within the jurisdiction of Sandiganbayan.
So long as you are discharging governmental function,
despite the fact that you are not receiving a salary, you are a
public officer. Being a regent is within the category of Par.
1(g).
“Offenses committed in relation to the office”
When is an offense committed in relation to the office?
Office must be a constituent element of the crime.
- Example: Chapters 2 to 6, Title VII of the RPC –
from Art. 204 to 245
NB: In these offenses public office or being a public officer
is an element of the crime.
If the public office is not an element of the crime, may an
offense be still “classified as offense committed in
relation to the office” so as to confer jurisdiction to SB?
YES, if there is an intimate connection between the office and
the offense or that the office was used in the commission of
the crime (Sanchez vs. Demetriuo, 227 SCRA 627, 645).
Nota
Bene:
Allege damages to the goverment
or any bribery;
or
Allege damages to the goverment
or any bribery arising from the
same
or
closely
related
trasactions or acts in an amount
not exceeding 1 Million pesos.
RTC is the Court
with Jurisdiction
Thus, if you use your office to commit any other crime, rape,
acts of laciviousness, etc... it falls within the SB.
Esteban vs. Sandiganbayan, 453 SCRA 236
The accused here was charged with acts of lasciviousness on
the basis of the complaint filed by a casual employee assigned
to his office.
not exceed 6 yrs
De Lima vs. Guerrero, GR No. 229781, Oct 10,
What is the crime for which De Lima was indicted
2017
of?
For violation of Section 5, in relation to Section 3
(jj), Section 26 (b) and Section 28, Republic Act
No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002
Accused De Lima... by taking advantage of their
office... with use of power, position, and authority,
demand, solicit, and extort money from high profile
inmates in new bilibid prison.
This clearly suggest that it falls unto the jurisdiction
of SB.
NOTES
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RTC
exceeds 6 yrs
SB
shall
have
Appellate Jurisdiction
“We believe that the mere allegation in the amended
information that the offense was committed by the
accused public officer "in relation to his office" is not
sufficient. That phrase is merely a conclusion of law, not a
factual averment that would show the close intimacy
between the offense charged and the discharge of the
accused's official duties.” (Lacson vs. Executive Secretary,
301 SCRA 298).
4
-and- In cases where
none of the accused are
occupying
positions
corresponding to Salary
Grade ’27’ or higher, as
prescribed in the said
Republic Act No. 6758, or
military and PNP officers
mentioned
above,
exclusive
original
jurisdiction thereof shall
be vested in the proper
regional
trial
court,
metropolitan trial court,
municipal trial court, and
municipal circuit trial
court, as the case may
be, pursuant to their
respective jurisdictions as
provided
in
Batas
Pambansa Blg. 129, as
amended.
MTC
The SC ruled that the Sandiganbayan has jurisdiction because
the information alleged that the crime could not have been
committed had the accused not used his position or office
This intimate relation between the offense charged and the
discharge of official duties "must be alleged in the
information.”
However, SC said, The designation of the RTC as the
court with the exclusive jurisdiction over drugrelated cases is apparent in the following
provisions: Articles 20, 61, 62, 90.
Needs P.I
Prosec & others
primary
jurisdiction
Concurrent
jurisdiction
Thus, Ombudsman and others
such as Prosecutor (DOJ), and
authorized agencies of the
government (NBI, PCGG), can
concurrently
exercise
preliminary investigation and
prosecution.
Example:
Which court has Jurisdiction?
not
exceed
MTC 6 yrs
Appeal
RTC
exceeds
6 yrs
RTC
R. 42 - Petition for Review
SB
shall
have
Appellate Jurisdiction
The Sandiganbayan shall have exclusive original jurisdiction
over petitions for the issuance of the writs of mandamus,
prohibition, certiorari, habeas corpus, injunctions, and
other ancillary writs and processes in aid of its appellate
jurisdiction and over petitions of similar nature, including quo
warranto, arising or that may arise in cases filed or which may
be filed under Executive Order Nos. 1, 2, 14 and 14-A, issued in
1986: Provided, That the jurisdiction over these petitions shall
not be exclusive of the Supreme Court
ARREST
APPLY
(RA 10660, amending
PD 1606 and RA 8249)
Play of rules
Honasan II vs. DOJ Panel, April 13, 2004
Ombudsman
Primary Jurisdiction to
Investigate
and
prosecute
Public
Officers and employee
involving violations of
penal laws.
If Case is within Exclusive
Jurisdiction of SB
Maybe filed first to
Prosecutor's office for
purpose of P.I because
jurisdiction is concurrent.
But, after resolution it
should be approved by
the Ombudsman before
filing it with the SB
With APPROVAL
X, a public officer committed a crime of graft
and corruption/ bribery/ , however, it does not
fall under the jurisdiction of SB, because salary
grade is only 26 or even grade 27 but Info
does not allege damage to gov't nor it is allege
but does not exceed 1M. .
In Flagrante
Delicto
Ombudsman
(RA 10660, amending PD 1606 and RA 8249)
If Information does not
Nota Bene:
Accused is a
PUBLIC OFFICIAL
Cognizable by SB
The investigation and
prosecution must be
approved
by
the
Ombudsman
because
they have the PRIMARY
jurisdiction
over
the
cases falling under SB's
Jurisdiction.
If Case is NOT within
Exclusive Jurisdiction of SB
Filed to Prosecutor's office
No need APPROVAL
It
does
not
need
approval
in
the
Ombudsman.
Prosecutor
may
investigate
and
prosecute without the
consent or approval of
the Ombudsman
To summarize, Ombudsman has the Primary Jurisdiction
to Investigate Public Officers and employee involving
violations of penal laws falling under the Jurisdiction of
SB. The DOJ represented by Prosecutor and other
authorized government agencies may concurrently
Investigate and they do not need to ask for approval of
the Ombudsman if the case is not within exclusive
jurisdiction of SB, otherwise, it has to be approved by the
Ombudsman.
Interesting case:
The Office of the Solicitor General (OSG), which is
representing the Secretary of Justice, agrees with
petitioners that prior approval by the Ombudsman is not
required for the investigation and prosecution of the
criminal case against the accused policemen (not falling
under exclusive jurisdiction of SandiganBayan). The OSG
correctly cites the case of Honasan II v. The Panel of
Investigating Prosecutors of the Department of Justice,
where the Court held that the power of the Ombudsman
to investigate offenses involving public officers or
employees is not exclusive but is concurrent with other
similarly authorized agencies of the government such as
the provincial, city and state prosecutors. (Alawiya vs.
Datumanong, 585 SCRA 267)
RULE 110
Prosecution of Offenses
Effect of the institution of
criminal action on prescriptive period?
The institution of the criminal action shall interrupt the running period of
prescription of the offense charged unless otherwise provided in special laws
How is criminal action instituted?
Section 1, Rule 110.
Requires Preliminary Investigation
Not requires Preliminary Investigation
Filing with the proper officer
for the purpose of conducting
preliminary investigation
Chartered City
Provincial
File
Complaint
with Prosecutor's
Office
Imposable penalty 4 years,
two months and one day or
more (Section 1, Rule 112)
Direct filing of
Complaint
in
Court
Imposable penalty is LESS THAN
4 years, two months and one day
or more (Section 1, Rule 112)
Who Must Prosecute Criminal Actions?
THE PROSECUTOR
All criminal actions commenced by a
complaint or information shall be
prosecuted under the direction and
control of the prosecutor. - Section 5,
Rule 110.
Determine whether there is a prima
facie case exists.
Decide which of the conflicting
testimonies should be believed
Determine which witnesses shall be
presented in Court.
Determine what to charge
Determine whom to charge
Proceedings conducted by the court IN
ABSENCE of the prosecutor is VOID!
(Pinote vs Ayco, 477 SCRA 409)
SC reminded the trial court that the
prosecution of criminal action is under
the direct control and supervision of
public prosecutor! (People v Tan, 549
SCRA 489)
A private party does not have the legal
personality to prosecute the criminal
aspect of a case, as it is the People of the
Philippines who are the real party in
interest The criminal case must be under
the direction and control of the public
prosecutor. Thus, when the public
prosecutor does not give his or her
conformity to the pleading of a party,
the party does not have the required
legal personality to pursue the case.
(Valderrama v People Gr. No. 220054
March 27, 2017)
May a private prosecutor prosecute a case
even in
the absence of the public
prosecutor?
of the Prosecution Office or the
Regional State Prosecutor to
prosecute the case subject to the
approval of the court. (Sec 5. Rule
110)
Because of this role of the prosecutor:
One cannot object if hearings are reset
at the request of the public prosecutor
due to his or her unavailability
(Crisostomo vs. Singh, July 4, 2005).
Promulgation of judgment should be
reset in case of absence of the
prosecutor (Crisostomo vs. Singh, July 4,
2005).
Defense should not be allowed to
present evidence in the absence of the
prosecutor (Pinote vs. Ayco, December
13, 2005).
Role of OSG
in appeal in criminal case
Rule: In case of dismissal of the case or
acquittal of the accused, only the OSG
may file an appeal or Petition for
Certiorari to question the dismissal or
acquittal.
Article 90. Prescription of crime. Crimes
punishable by:
Death,reclusion perpetua or reclusion
temporal shall prescribe in 20 years.
A fflictive penalties shall prescribe in
fifteen years.
Correctional penalty shall prescribe in
10 years; with the exception of those
punishable by arresto mayor, which
shall prescribe in 5 years.
The crime of libel or other similar
offenses shall prescribe in 1 year.
The crime of oral defamation and
slander by deed shall prescribe in 6
months.
Light offenses prescribe in 2 months.
When the penalty fixed by law is a
compound one, the highest penalty
shall be made the basis of the
application of the rules contained in the
first, second and third paragraphs of
this article (RPC)
shall not be prosecuted except
upon a complaint filed by
the offended spouse
3) Seduction
4) Abduction
5) Acts of Lasciviousness
offended party or her
parents, grandparents
or guardian
or
if the offender
has been
expressly
pardoned by
any of them.
If the offended party dies or becomes incapacitated before she can file the complaint,
and she has no known parents, grandparents or guardian, the State shall initiate the
criminal action in her behalf as Parents Patriae.
Pardon, as to prohibit the state from instituting private crimes, must
be expressly done prior to the institution of the criminal action
(Sec. 1,Act 3326)
Section 1. Violations penalized by special acts
shall, unless otherwise provided in such acts,
prescribe in accordance with the following
rules:
(a) after a year for offenses punished only by
a fine or by imprisonment for not more than
one month, or both;
(b) after four years for those punished by
imprisonment for more than one month, but
less than two years;
(c) after eight years for those punished by
imprisonment for two years or more, but less
than six years; and
(d) after twelve years for any other offense
punished by imprisonment for six years or
more, except the crime of treason, which shall
prescribe after twenty years.
Violations penalized by municipal ordinances
shall prescribe after two months (Sec. 1,Act
3326).
When is prescriptive period interrupted/ tolled?
RPC | Special Laws
Ordinances
(Sec. 1,Act 3326)
It is the filing of complaint or information in
the office of the public prosecutor for
purposes of preliminary investigation that
interrupts the period of prescription
The prescription shall be interrupted when
proceedings are instituted against the
guilty person, and shall begin to run again if
the proceedings are dismissed for reasons
not constituting jeopardy (Section 2, Act No.
3326).
People vs Pangilinan, 672 SCRA 105 – “There
is no more distinction between cases under
the RPC and those covered by special laws
with respect to the interruption of the
period of prescription. The ruling in Zaldivia
vs. Reyes is not controlling in special laws.”
In Zaldivia vs. Reyes (211 SCRA 277, 283), the
SC interpreted “proceedings as judicial
proceedings.
Filing
complaint
or
Information
before
the
PUBLIC PROSECUTOR's OFFICE
The filing of the case before the court
interrupts the running of the prescriptive
period for ORDINANCES, not Special laws.
Filing complaint or Information
before the COURT
What if the court which the information or complaint was filed has no jurisdiction, will the it
suspend the running of prescriptive period?
YES!
However, the private offended party may
file an appeal without the intervention of
the OSG insofar as the civil liability of the
accused is concerned. (People v Go, GR.
201644 Sept 24, 2014)
1) Adultery
2) Concubinage
PARDON
Express or
Implied
Special Laws | Ordinances
private prosecutor may be
YES! the
authorized in writing by the Chief
Prosecution of PRIVATE CRIMES
Private Crimes
RPC
Offended party is MINOR
has the right to initiate the prosecution of
the offenses of seduction, abduction and
acts of lasciviousness independently of
her parents, grandparents, or guardian,
unless she is incompetent or incapable of
doing so
Where the offended party, who is a
minor, fails to file the complaint, her
parents, if no parents the grandparents,
if no grand parents the guardian may file
the same.
Reodica vs. Court of
Appeals, 292 SCRA 91
Cases where the requirement is satisfied:
A “Sinumpaang Salaysay” of the victim,
accompanied by complaint filed by someone else
(People vs. Sangil, GR No. 91158, May 8, 1992).
Compliant filed by the Chief of Police on the basis
on the sworn statement of the victim (People vs.
Barrientos, GR No. 119835, January 28, 1998).
Once the violation of the law becomes known
through a direct original participation initiated by
the victim (People vs. Yparraguire, July 5, 2000)
The only rule is that private offended party merely
initiated or commence the prosecution of the accused
5
NOTES
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PURPOSE:
Sufficiency
of
the
complaint or information
COMPLAINT
INFORMATION
A complaint is a sworn written
statement charging a person
with an offense, subscribed by
the offended party, any peace
officer, or other public officer
charged
with
the
enforcement of the law
violated (Section 3, Rule 110)
An information is an accusation
in writing charging a person
with an offense, subscribed by
the prosecutor and filed with
the court (Section 4, Rule 110).
Complaint must
(under oath)
Information requires no Oath!
be
SWORN
Complaint is subscribed by the
offended party, peace officer or
other public officer charged
with enforcement of the law
Information is subscribed by the
prosecutor
(Sec 6. Rule 110)
A complaint or information is sufficient
if it states the:
1) Name of the accused;
2) Designation of the offense given by
the statute;
3) Acts or omissions complained of as
constituting the offense;
4) Name of the offended party;
This is to enable
the accused:
a.to make
defense
his
b.to
claim
double jeopardy
c.to inform the
accused of the
facts alleged
The information MUST bear the written
approval of the Chief Prosecutor or Provincial
Prosecutor. Sec. 3( d), Rule 117
Quisay Case (2004): SC said it is a defect that is
jurisdictional which can not be waived.
Villa-Gomez Case (2020): It abandoned the Quisay
ruling. SC said that the handling prosecutor's
authority, particularly as it does not appear on the
face of the information has no connection to the
trial court's power to hear and decide a case.
THUS, if an information has no
written approval of the Chief
Prosecutor
or
provincial
prosecutor, and you as the
counsel to the accused does not
question it in a motion to quash,
you waived it by your silence,
acquiescence, or failure to raise
such ground during arraignment
or before entering a plea.
5) Approximate date of the
commission of the offense; and
6) Place where the offense was
committed (Code: N D A N D P)
RATIONALE:
This is a compliance with the constitutional requirement
(Section 14(2), Art. III) that the accused must be informed
of the nature and cause of the accusation against him.
NON-COMPLIANCE:
Such written approval of the chief prosecutor or
provincial prosecutor is not a formal defect and not
a jurisdictional defect.
- If the Information is not sufficient as stated in sec 6. Rule
10. Accused can file a motion to quash.
1. “Name of the Accused”
2. Designation of the Offense
3. Cause of Accusation
The complaint or information must state the
name and surname of the accused or any
appellation or nickname by which he has been
or is known. If his name cannot be ascertained,
he must be described under a fictitious name
with a statement that his true name is
unknown
The complaint or information shall state the
designation of the offense given by the statute,
aver the acts or omissions constituting the
offense, and specify its qualifying and
aggravating circumstances. If there is no
designation of the offense, reference shall be
made to the section or subsection of the statute
punishing it (Section 8,Rule 110).
The acts or omissions complained of as constituting the offense and the qualifying and
aggravating circumstances must be stated in ordinary and concise language and not
necessarily in the language used in the statute but in terms sufficient to enable a
person of common understanding to know what offense is being charged as well as its
qualifying and aggravating circumstances and for the court to pronounce judgment
Section 7, Rule 110.
Section 8, Rule 110.
If the true name of the accused is thereafter
disclosed by him or appears in some other
manner to the court, such true name shall be
inserted in the complaint or information and
record
Proving the identity of the accused as the
malefactor is the prosecution’s primary
responsibility. Accordingly, the first duty of the
prosecution is not only to prove the crime, but
also to prove the identity of the criminal, for
even if the commission of the crime can be
established, there can be no conviction
without the identity of the malefactor being
clearly ascertained. (People vs. Espera, 706
SCRA 704)
Should mistake in the name be
treated as mistake in identity?
NO!
Positive identification pertains essentially to
proof of identity and not necessarily to the
name of the assailant. A mistake in the name
of the accused is not equivalent, and does
not necessarily amount to, a mistake in the
identity of the accused especially when
sufficient evidence is adduced toshow that
the accused is pointed to as one of the
perpetrators of the crime (People vs.
Amodia, G.R.No. 173791,April 7, 2009)
May accused be convicted or
acquitted despite erroneous
designation of name?
YES!
Where accused did not raise the question of
his identity during the arraignment, he is
deemed to have waived this defect and to
have acquiesced to be tried under the
erroneous name (People vs. Cagadas, G.R. No.
88044, January 23, 1991).
6
NOTES
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The designation of the offense is a critical
element required under Sec. 6, Rule 110 of the
Rules of Court for it assists in apprising the
accused of the offense being charged. Its
inclusion in the Information is imperative to
avoid surprise on the accused and to afford him
of the opportunity to prepare his defense
accordingly
How to write it in the information?
The allegations in the information shall prevail
over the designation of the offense. Thus, if the
allegation stated in the facts are homiced and
the deisgnation is murder. The allegations in the
information shall prevail.
Section 9, Rule 110.
The Prosecutor MUST SPECIFY in the information the details of the crime and any
circumstance that aggravates his liability for the crime. The requirement of
sufficient factual averments is meant to inform the accused of the nature and cause of
the charge against him in order to enable him to prepare his defense.
Information contains: (play of the rule)
1
2
3
Designation of
OFFENSE
Designation of
OFFENSE
Designation of
OFFENSE
Facts & circumstances
in the ALLEGATION
Facts & circumstances
in the ALLEGATION
Facts & circumstances
in the ALLEGATION
Compliant
Compliant
with Sec 8 & 9, Rule 110.
with Sec 8 & 9, Rule 110.
with Sec 8 & 9, Rule 110.
If there is no designation
of
offense
in
the
information and such
circumstance
is
established in the facts
and circumstances in the
information, it can be
proved during trial.
Designation without Factual
circumstances
in
the
allegation is a conclusion of
law and not allegation of
facts. What must be put in
the information is the
allegation of facts.
Effect of failure to designate the offense
The failure to designate the offense given by the
statute or to mention the specific provision
penalizing the act or erroneous specification of
the law violated does not vitiate the
information if the facts alleged clearly recite the
facts constituting the offense (Malto vs. People
553 SCRA 642, 657-658).
4
ULTIMATELY:
Designation of
OFFENSE
Facts & circumstances
in the ALLEGATION
Defective
SUBJECT TO:
MOTION TO QUASH
or
BILL of PARTICULARS
Phil. v SOLAR (2019)
The failure to state
(designation or, or facts
or circumstances) of an
aggravating circumstance
even if proven during the
trial
will
not
be
appreciated
Because it will ultimately violate the constitutional
right of the accused to be informed of the nature and
cause of the accusation against him
Failure of the accused to
avail of any of the said
remedies
constitute
a
WAIVER of his right to
question
the
defective
statement
of
the
aggravating or qualifying
circumstance
in
the
information
and
consequently, the same
may be appreciated against
him if proven during trial.
5. Date of the Commission
4. Place of the Commission of the Crime
Section 11, Rule 110.
Section 10, Rule 110.
Venue: is Jurisdictional
The complaint or information is sufficient if it can
be understood from its allegations that the
offense was committed or some of its essential
ingredients occurred at some place within the
jurisdiction of the court, unless the particular
place where it was committed constitutes an
essential element of the offense charged or is
necessary for its identification
Venue in criminal cases is a jurisdictional
matter.
Venue must be established during trial,
otherwise the case will be dismissed
Place Where Action Is to Be Instituted
(Section 15, Rule 110).
(a) Subject to existing laws, the criminal action
shall be instituted and tried in the court of the
municipality or territory where the offense was
committed or where any of its essential
ingredients occurred.
(b) Where an offense is committed in a train,
aircraft, or other public or private vehicle in the
course of its trip, the criminal action shall be
instituted and tried in the court of any
municipality or territory where such train,
aircraft, or other vehicle passed during its trip,
including the place of its departure and arrival
c) Where an offense is committed on board a
vessel in the course of its voyage, the criminal
action shall be instituted and tried in the court of
the first port of entry or of any municipality or
territory where the vessel passed during such
voyage, subject to the generally accepted
principles of international law.
Date of Commission of the Offense. It is not necessary
to state in the complaint or information the precise date
the offense was committed except when it is a material
ingredient of the offense. The offense may be alleged to
have been committed on a date as near as possible to
the actual date of its commission
Interesting case:
A is married to B. A has an affair outside PH, in
Italy. B filed for VAWC (RA 9262) on ground of
psychological violence. A's contention is that the
crime is done outside PH and PH has no
jurisdiction.
HELD: SC said A is not correct. One of the
elements of the crime which is "the offender
causes on the woman and/or child mental or
emotional aguish" is one of the essential
elements that has been occur in the PH. Thus, PH
has jurisdiction.
PERJURY (RPC, art 183)
vs
FALSE TESTIMONY
Rules on DATE:
Not material to crime
Material to the crime
For crimes in which the date of
the commission is not essential
element of the crime, the date of
commission need not be stated
with “ultimate precision”
For cases where date is material
ingredient of the offence, the
precise date of the commission
needs to be stated in the
information, like infanticide under
Article 255 of the RPC, or violation
of gun ban
If
administratively,
venue is at the place
where the testimony
under oath is given
The
crime
of
perjury
committed
through
the
making of a false affidavit
under Article 183 of the RPC
is committed at the time
the affiant subscribes and
swears to his or her
affidavit since it is at that
time that all the elements of
the crime of perjury are
executed.
6. Name of Offended Party
Section 12, Rule 110.
BP 22 venue
Yalong v People
Venue is where the place
where the check is:
Drawn
Issued
Delivered
Dishonored
Deposited (Brodeth v
People)
(d) Crimes committed outside the Philippines but
punishable under Article 2 of the Revised Penal
Code shall be cognizable by the court where the
criminal action is first filed.
General Rule:
venue is where the crime is committed.
— The complaint or information must state the name and surname of the
person against whom or against whose property the offense was committed,
or any appellation or nickname by which such person has been or is known.
If there is no better way of identifying him, he must be described under a
fictitious name.
a) In offenses against property,
b) If the true name of the
person against whom or
against whose property the
offense was committed is
thereafter
disclosed
or
ascertained
if the name of the offended
party is unknown, the property
must be described with such
particularity as to properly
identify the offense charged.
the court must cause such true
nameto be inserted in the
complaint or information and
the record.
c) If the offended party is a juridical person
it is sufficient to state its name, or any name or designation by which it is
known or by which it may be identified, without need of averring that it is a
juridical person or that it is organized in accordance with law
SPECIFIC
Exceptions:
Article 2, RPC
SC orders change of venue (Sec.5[4],Art.VIII)
Section 15(b) - Where an offense is committed in a train, aircraft, or other
public or private vehicle in the course of its trip,
Section 15(c) - Where an offense is committed on board a vessel in the
course of its voyage
Cases cognizable by Sandiganbayan
Libel (Art. 360)
RA 8042 (Illegal recruitment cases), as amended
If the subject matter of the
offense is specific or one
described with such particularity
as to properly identify the offense
charged, then an erroneous
designation of the offended party
is not material and would not
result in the violation of the
accused's constitutional right to
be informed of the nature and
cause of the accusation against
her (Senador vs. People, G.R. No.
201620, March 6, 2013, citing
United States v. Kepner, Sayson v.
People, and Ricarze v. Court of
Appeals).
GENERIC
In crime against property, if
the subject matter of the
offense is generic, or one
which is not described with
such
particularity
as
to
properly identify the offense
charged, then an erroneous
designation of the offended
party is material and would
result in the violation of the
accused's constitutional right
to be informed of the nature
and cause of the accusation
against the accused (United
States v. Lahoylahoy,38 Phil.
330 (1918)
In oral defamation, a crime against honor, the identity of the person
against whom the defamatory words were directed is a material element.
Thus, an erroneous designation of the person injured is material (People
v. Uba, et al., 106 Phil. 332 (1959)
7
NOTES
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Duplicity of the Offense
Amendment or Substitution
(Sec. 13. Rule 110)
(Sec. 14. Rule 110)
Amendment
A complaint or information must charge only one
offense, except when the law prescribes a single
punishment for various offenses.
It is ground for a
motion to quash
(Sec. 3(f), Rule 117).
There are two types of Amendment
PLEASETAKE NOTE:
This ground is waivable.
If accused failed to question
the duplicity of crimes in the
Information, in the trial he
may be charge as many as
crimes that can be charged to
him based in the infrormation.
Amendment
Always
Change
Before plea is without
leave of court
Always with leave of
court
As to form, need not
Preliminary
Investigation
needs
Preliminary
Investigation
Refers
offense
Refers
Information
same
Matter of right
Matter of Discretion
at any time before the
accused enters his plea
(arraignment)
After the plea and
during the trial, a
formal amendment
without leave of
court
with leave of court
Substitution
Formal or Substantial
changes
to
IT INVOLVES FORMAL or SUBTANTIAL Changes
FORM &
SUBSTANCE
Substantial
new
in FORMS only so long
as it will not cause
prejudice
to
the
rights of the accused
FORM
Examples
It does not change the
nature of the crime allege
New allegations which relate only to
the range of the penalty that the
court might impose in the event of
conviction.
It does not affect the
essence of the offense
It does not affect the
essence of the offense
adds specifications to eliminate
vagueness in the information and not
to introduce new and material facts
It does not deprive the
accused of the opportunity
to meet new averment
change in date, not substantial
amendment, if the date is not
essential element of the crime.
TEST:
When
the
formal
amendment is
PREJUDICIAL to
the accused. It
is a substantial
amendment.
amendment to include that victim
became insane after the rape is not
substantial amendment if insanity
occurred after the case if filed.
While Consipiracy is a
Formal amendment, it will
prejudice the accused if
the amendment is allowed
after his plea. (Corpus v.
Pamular 2018)
If the purpose of the
amendment
is
to
downgrade the nature
of the offense charged
in or exclude any
accused
from
the
complaint or information
four
information
for
illegal
recruitment were amended to one
information
before
arraignment.
Formal if before arraignment. If after
arriagnment it becomes substance.
SUBSTANCE
Only
made
upon
MOTION with leave of
court by the Prosecutor,
with
notice
to
the
offended party.
Example
TEST: When amendment
is PREJUDICIAL to the
accused. It is a substantial
amendment.
from homicide to murder substantial
amendment.
Substitution
If it appears at any time before judgment that a mistake has been made in charging the proper offense, the court shall dismiss
the original complaint or information upon the filing of a new one charging the proper offense in accordance with Section 19,
Rule 119, provided the accused shall not be placed in double jeopardy. The court may require the witnesses to give bail for their
appearance at the trial
RULE 111
Prosecution of Civil Action
RULE
Deemed Impliedly
Instituted Rule
Note:
When a criminal action is instituted, the civil action for the
recovery of the civil liability arising from the offense
charged shall be deemed impliedly instituted with the
criminal action unless the offended party waives the civil
action, reserves the right to institute it separately or institute
the civil action prior to criminal action. (Sec. 1, Rule 111).
What is deemed instituted with the criminal action is only the action
to recover civil liability arising from crime or ex delicto.
Thus, this type of civil liability cannot proceed independently
from the criminal action. However, its institution and prosecution
may be reserved.
When should you reserve the prosecution of civil action and
when shall reservation be made?
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.
Scenario:
Effect:
Civil action
filed first
8
NOTES
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Criminal action
filed subsequently
Civil action shall be suspended
in whatever stage it may.
Suspension shall last until final
judgement is rendered in the
Criminal case.
The filing of criminal action
interrupts
the
prescriptive
period of the civil action,
because civil liability arising from
the offense charged shall be
deemed impliedly instituted with
the criminal action
Will acquittal in the criminal action extinguish the civil liability arising
from crime?
NO!
The extinction of the penal action does not carry with it extinction of the civil action.
However, the civil action 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 not exist (Sec. 2, Rule 111)
Instances where acquittal in a criminal case does not result in the
extinguishment of civil liability:
1. Where acquittal is based on reasonable doubt.
2. Where the court express declares that the liability of the accused is only civil and not criminal
3. Where the liability is not derived from or based on the criminal act of which the accused is
acquitted (Ching vs. Nicdao, April 27, 2007).
Is counterclaim or cross-claim allowed in criminal cases?
NO! Under the rules, “No counterclaim, cross-claim or third-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.” (Sec. 1, Rule 111)
Is it required to pay filing fee in criminal cases?
Generally, no filing fees are charged for actual
damages in criminal cases. Thus, the rules
provide that except as otherwise provided in
these Rule, no filing fees shall be required for
actual damages
Filing fees are to be paid only if other items of
damages are alleged in the complaint or
information of they are not alleged, they shall
constitute a first lien on the judgment
BUT filing fees should be filed in BP 22 & Estafa cases
The criminal action for violation of Batas
Pambansa Blg. 22 shall be deemed to include
the corresponding civil action. No reservation
to file such civil action separately shall be
allowed
Thus, you are not allowed to reserve the civil
liability arising from the criminal action.
However, a separate proceeding for the
recovery of civil liability in cases of violation
of BP 22 is allowed when civil case is filed
ahead of the criminal case
Effect of Death of the Accused
Cases where civil action may proceed
independently
Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines
NO NEED RESERVATIONS. THESE ACTIONS CAN
PROCEED INDEPENDENTLY.
BUT! In no case, however, may the offended party recover
damages twice for the same act or omission charged in the
criminal action
Violation of Constitutional Right
defamation, fraud,
and physical injuries
Article 32. Any public officer or
employee, or any private
individual, who directly or
indirectly obstructs, defeats,
violates or in any manner
impedes or impairs any of the
following rights and liberties of
another person shall be liable
to the latter for damages:
Constitutional rights of the
people.
Article 33. In cases of
defamation,
fraud,
and
physical injuries a civil action
for damages, entirely separate
and distinct from the criminal
action, may be brought by the
injured party. Such civil action
shall proceed independently
of the criminal prosecution,
and shall require only a
preponderance of evidence.
Article 34. When a member of a
city or municipal police force
refuses or fails to render aid or
protection to any person in case
of danger to life or property,such
peace officer shall be primarily
liable for damages, and the city or
municipality shall be subsidiarily
responsible therefor. The civil
action herein recognized shall be
independent of any criminal
proceedings,
and
a
preponderance of evidence shall
suffice to support such action.
Effect
Effect
Criminal case shall be dismissed
without prejudice to any civil
action the offended party may
file against the estate of the
deceased
Shall extinguish the civil liability
arising from the delict
extinguishes his criminal liability
as well as the civil liability based
solely thereon.
BUT!!! The independent civil
action instituted under Section 3
of this Rule or which thereafter is
instituted to enforce liability
arising from other sources of
obligation may be continued
against the estate or legal
representative of the accused
after proper substitution or
against said estate, as the case
may be (Section 4, Rule 111).
claim for civil liability survives
notwithstanding the death of
the accused, if the same may
also be predicated on some
source of obligation other than
delict.
Is a final judgment rendered in the civil case absolving the defendant from civil
liability a bar to criminal action?
The right to bring the foregoing actions based on the Civil Code
need not be reserved in the criminal prosecution,since they are
not deemed included therein.
A finaI judgment rendered in a civil action absolving the defendant from civil liability is not a bar to a
criminal action against the defednat for the same act or omission subject of civil action (Sec. 5, Rule 111)
Prejudicial
Question
The institution or waiver of the right to file a separate civil action
arising from the crime charged does not extinguish the right to
bring such action.
(a) the previously instituted civil action involves an issue similar or intimately
related to the issue raised in the subsequent criminal action
Separate Civil Action by the Accused
NOTE: Previously filed or instituted administrative case may be cause the
suspension of the criminal case and may be used as a prejudicial question.
The accused could validly institute a separate civil action for quasidelict against the private complainant for the same act or omission
he is accused of in a criminal case. This is allowed by par. 6, Sec. 1,
Rule 111 which states that the counterclaim of the accused may be
litigated in a separate civil action (Cabaero vs. Cantos, 271 SCRA
391).
b) the resolution of such issue determines whether or not the criminal
action may proceed. (Section 7, Rule 111).
Case pending in HLURB was used as a prejudicial question in a case filed on
prosecutor’s office (San Miguel Properties vs. Perez, 2013)
Counter-claim can be subject of separate civil action.
Interesting cases on prejudicial question:
Petitioner, the GM of the corporation filed 2 counts of
estafa against private respondent. Petitioner alleged
that the corporation entrusted two vehicles to private
respondent, but when asked to return thru a demand
letter, private respondent refused to turn over the
vehicles. Before the filing of the case, private
respondent filed before SEC a complaint questioning the
election of petitioner as GM. Private respondent filed a
motion to suspend on the ground of prejudicial
question?
Should the motion be grated?
YES!
The case in the SEC will determine the guilt or
innocence of private respondent. If it is
established in the SEC that petitioner’s
election as GM is invalid, the validity of the
demand made by the petitioner in behalf of
the corporation will put in question. It is as if
no demand was made yet by the corporation.
Thus, if there is no demand, there is yet no
estafa thru misappropriation.
A petition for suspension of the criminal action based upon the pendency of a
prejudicial question in a civil action may be filed in the office of the prosecutor or
the court conducting the preliminary investigation.When the criminal action has
been filed in court for trial, the petition to suspend shall be filed in the same
criminal action at any time before the prosecution rests (Section 6,Rule 111)
Elements:
The only limitation is that the offended party cannot recover more
than once for the same act or omission
Pimentel vs. Pimentel, 630 SCRA 436
Where civil liability survives, an
action for recovery therefor may
be pursued but only by way of
filing a separate civil action and
subject to section 1, rule 111.
This separate civil action may be
enforced
against
the
executor/administrator
or
estate of the accused depending
on the source of obligation
(People vs. Bayotas, 1994)
NO!
Nota bene:
Pending appeal
Effect
Quasi-delict
Article 2176. Whoever by
act or omission causes
damage to another, there
being fault or negligence, is
obliged to pay for the
damage done. Such fault or
negligence, if there is no
preexisting
contractual
relation
between
the
parties, is called a quasidelict and is governed by
the provisions of this
Chapter.
After arraignment and during the
pendency of the criminal action
before arraignment
An action for declaration of nullity of marriage is not a prejudicial question to a
concubinage case. civil case MUST be determinative of the guilt or innocence of
the accused in the criminal case. Because even if the petition for the nullity of
marriage is granted, prose(Beltran vs. People, 334 SCRA 106)
Pimentel vs. Pimentel, 630 SCRA 436
Private respondent filed an action for frustrated
parricide against petitioner. Several months after,
petitioner filed a declaration of nullity of their
marriage. The petitioner file a motion to suspend on
the ground of prejudicial question since the
relationship between the private respondent and the
petitioner is the key element of parricide.
Should the motion be grated?
NO!
First, prejudicial question contemplates a
situation where the civil case is first filed
before the criminal case.
Second, the issue in the civil case is not
determinative of the guilt and innocence of
the accused in the criminal case.
9
NOTES
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RULE 112
P.I results in in either the dismissal of the complaint for want
of probable cause, or the filing of an Information in court.
Preliminary Investigation (P.I)
Preliminary Investigation - 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. (Section I,
Rule 112)
When is Preliminary Investigation required?
Instances when probable cause need to be
established
By
Prosecutor
By
the JUDGE
for the purpose of filing
“information” in Court
(Section 1&3, Rule 112)
1. For the purpose of issuing
warrant of arrest or necessity
for the accused to remain in
custody (Section 5&8, Rule
112)
By
Arresting
Officer
P.I REQUIRED
P.I NOT REQUIRED
4 -2 -1 & up
Exception to
4 -2 -1 & up
Imposable penalty 4 years,
two months and one day
or more (Section 1, Rule
112)
When respondent is
arrested
IN
FLAGRANTE DELICTO
(Section 5, Rule 113)
and
undergoing
inquest. No need P.I
NATURE
The conduct of PI belongs is a function that belongs to
Public Prosecutor (State's agent)
&
The determination of probable cause, is under our
criminal justice system, an executive function that
courts cannot interfere with in the absence of grave
abuse of discretion. (Salapudin vs. CA, 691 SCRA 578,
597)
ONLY a STATUTORY RIGHT
The holding of preliminary
investigation is not required by
the constitution. Thus, it is not
a constitutional right rather a
statutory character and may
be
invoked
only
when
specifically created by statute
(Marinas vs. Siochi, 104 SCRA
423).
Though
not
of
constitutional grant, the denial
of the same would deprive the
accused the full measure of his
right to due process (Duterte
vs. Sandiganbayan, 289 SCRA
721).
> Thus, WAIVABLE
The right to PI may be
waived for failure to
invoke the right prior
to or at the time of
the plea (People vs.
Gomez, 117 SCRA 73,
78)
In fact, the absence
of P.I will not affect
the jurisdiction of
Courts.
Interesting cases on P.I:
Hasegawa vs. Giron, 703 SCRA 549
Where Prosecutor dealt with Evidentiary matters.
The validity and merits of a party's defense or
accusation, as well as admissibility of testimonies
and evidence, are better ventilated during trial
proper than at the preliminary investigation level.
By taking into consideration the defenses raised by
petitioner, the Investigating Prosecutor already
went into the strict merits of the case.
Shu vs. Dee, GR 182573, April 23, 2014
The investigating prosecutor dismissed the
complaint for falsification of the two deeds of real
estate mortgage filed against respondent for lack of
probable cause. The complaint was supported by
the finding of the NBI that the signature of the
complaint on the questioned deeds were not same.
The investigating prosecutor opined that based on
his observation, the questioned signatures are
same. Thus, he dismissed the case for lack of
probable cause. In arriving at these conclusions, the
city prosecutor already delved into the merits of the
respondents' defense. Contrary to the settled rule.
Less than
4 -2 -1
Imposable penalty is
LESS THAN 4 years, two
months and one day or
more (Section 1, Rule
112)
PURPOSE
TO ESTABLISH
PROBABLE CUASE
PROBABLE CAUSE
in P.I
PI is a mere inquiry or
proceeding. It is not a
trial. Its purpose is not to
declare the respondent
guilty beyond reasonable
doubt.
(Estrada
vs.
Obmbudsman, January
21, 2015) Thus, the
quantum of proof in P.I
is
"whether
the
respondent PROBABLE
guilty
thereof,
and
therefore should be held
for trial?". This is the
ultimately the PROBABLE
CAUSE in P.I
Probable cause pertains
to
facts
and
circumstances sufficient
to
support
a
wellfounded belief that a
crime
has
been
committed
and
the
accused is probably guilty
thereof.(Shu vs. Dee,April
23, 2014).
The evidence necessary
to establish probable
cause is based only on
the
likelihood,
or
probability
of
guilt
(Estrada vs. Ombudsman,
supra)
2. in issuing search warrant
(Section 4, Rule 126)
in effecting warrantless
arrest in hot pursuit
(Section 5(b), Rule 113)
P.I
Preliminary
Investigation
P.E
vs
Preliminary
Examination
Executive Function
Judicial Function
by Prosecutor
by a Judge
BOTH establishes
Probable Cause
For the purpose of filing
Information in Court
Judge can't interfere with
Prosecutor's function to
determine probable cause.
This is an encroachment of
powers in lieu of doctrine
of separation of powers.
For the purpose of
issuing warrant of arrest
However,
Judiciary
has
expanded power to review
acts and decisions of the
executive department, e.i
Prosecutor's discretion in
establishing probable cause
when there is grave abuse of
discretion.
Prosecutor is exercising EXECUTIVE function when he
is establishing probable cause. The right way to
challenge his function is through PETITION FOR
CERTIORARI Rule 65 and not Petition for review.
(Estrada vs Ombudsman)
Officers authorized to conduct
Preliminary Investigation
(a) Provincial or City Prosecutors and their
assistants;
(b) National and Regional State Prosecutors; and
(c) Other officers as may be authorized by law.
Comelec (Section 265 of Omnibus Election Code)
DOCTRINAL RULE:
In determining probable cause, the Prosecutor or
the average man weighs facts and circumstances
without resorting to the rules of evidence that, as a
rule, is outside his technical knowledge.
Is hearsay evidence sufficient to establish
probable cause?
YES!
Technical rules in evidence should not be
applied in P.I. because the determination of
probable cause does NOT depend on the merit
and admisibility of a party's testimony
presented. It only deals only with the probability
and not by proving it.
Thus, in Estrada v.
Ombudsman (Estrada), the Court declared that since
a preliminary investigation does not finally
adjudicate the rights and obligations of parties,
"probable cause can be established with hearsay
evidence, as long as there is substantial basis for
crediting the hearsay. (Estrada vs. Ombudsman, G.R.
No. 212761, July 31, 2018).
PCGG
Ombudsman
Power of Ombudsman to conduct
Preliminary Investigation
Ombudsman has the authority to INVESTIGATE & PROSECUTE
on its own or on complaint by any person, any act or omission
of ANY PUBLIC OFFICER or EMPLOYEE, office or agency, when
such act or omission appears to be illegal, unjust, improper or
inefficient. (Section 15(1), RA 6770)
It has the primary jurisdiction over cases cognizable with
Sandiganbayan and in the exercise of this primary jurisdiction,
it may take over, at any stage, from any investigating agency of
the government, the investigation of such cases. It is not
exclusive but concurrent with other similarly authorized
agencies of the government such as the provincial, city and
state prosecutors. (Honasan II vs. DOJ Panel, April 13, 2004)
See SandiganBayan Jurisdiction Page 5
10
NOTES
www.milesfajardo.com
PROCEDURE of P.I
Phase 1: Filing a Complaint
You go to Prosecutor's office. File an
affidavit of complaint together with your
evidence to be presented to a Prosecutor.
Prosecutor will now asses whether it has
probable cause or not.
Filing of
Information
P.I REQUIRED
4 -2 -1 & up
Imposable penalty 4 years, two months
and one day or more (Section 1, Rule 112)
Submission of complaint to
the Prosecutor who will
become the INVESTIGATING
PROSECUTOR
Phase 2: Investigating Prosecutor's Resolution
W/ PROBABLE CAUSE
Upon
receiving
of
Subpoena
by
the
respondent. Respondent
will file counter-affidavit.
Submit
Counter
Affidavit
Respondent files
counter affidavit?
1.
DISMISSED
Respondent did not
file counter affidavit?
Hearing is optional to
the Prosecutor.
The prosecutor can
conduct hearing, but
only CLARIFICATORY
hearing (to clarify
information allege in
the complaint and
counter-affidavit)
Investigating Prosecutor shall
determine whether there is
probable cause.
Prosecutor
shall
resolve the case in
lieu of the claimant's
complaint only.
W/out
PROBABLE
CAUSE
If the prosecutor did
not
find
any
probable cause, it
will dismiss the case.
2.
The Investigating Prosecutor
shall prepare a resolution
about his finding on the
complaint.
R
Prosecutor
finds
probable cause, it
will
issue
a
Subpoena address
to the respondent
W/out PROBABLE CAUSE
O
ISSUE
SUBPOENA
Reolution is a report
on the findings of the
probable cause.
W/
PROBABLE
CAUSE
Prosecutor shall forward his resolution within 5 days
from his fulfillment of resolution to Chief Prosecutor
Prosecutor shall forward his resolution within 5 days
from his fulfillment of resolution to Chief Prosecutor
RESOLUTION
RESOLUTION
Recommend filing of INFORMATION
Recommend Dismissal
3.
Whether the resolution of the
complaint is
dismissed or
recommendation for filing of
information, it shall be
SUBMITTED to the CHIEF
Prosecutor for APPROVAL
Phase 3: Chief Prosecutor Approval
Where to transmit the RESOLUTION?
Chief Prosecutor
1
Submission of Recommendation :
It shall be acted upon by CHEIF prosec within 10 days
from receipt of the Investigating Prosecutor's resolution.
2
Approved
NOTES
www.milesfajardo.com
Course if NOT APPROVED
Course if APPROVED
Recommendation
of Investigating
office is:
File Information
To Dismiss
File Information
To Dismiss
Chief Prosecutor:
approved.
approved.
To Dismiss
File Information
Not approved
the recommendation of
Investigating Prosecutor
the recommendation of
Investigating Prosecutor
NB: No Information may
be filed without the
approval of City or
Provincial Prosecutor or
Chief Prosecutor. (Rule
112. Sec 4.)
Chief prosecutor MAY by
himself prepare a different
resolution.
He may also file the
information in court upon
different resolution.
EFFECT:
File Info
to court
Dismiss the
Complaint
Dismiss the
Complaint
File Info
to court
Remedy is to file petition for review to SOJ
3
Remedies
Chief
Prosec
Remedies:
11
Go to Jurisdiction
of SandiganBayan
Page.
Whether APPROVED or NOT by Chief Prosecutor.
Investigating Prosecutor shall sumbit it in the head office:
A City prosecutor - Submit it to Chief Prosecutor
If in Province - Provincial Prosecutor
Region - Regional State Prosecutor
In DOJ - Submit to Prosecutor General
OMBUDSMAN
Motion for
Reconsideration
can be availed of
only ones on the
finding of the
probable cause.
SOJ
In case the
information
has
already
been filed in
court, a copy
of the motion
to
defer
proceedings
filed in court
must
also
accompany the
petition.
File Petition for Review to SOJ within 15 days from receipt of the
resolution,
or
of
the
denial
of
the
motion
for
reconsideration/reinvestigation.
Accused not yet
been Arriagned.
Accused had already
been arraigned
the arraignment shall be suspended if
a petition for review of the resolution
of the prosecutor is pending at either
the Department of Justice, or the
Office of the President; provided, that
the period of suspension shall not
exceed 60 days counted from the
filing of the petition with the reviewing
office.
The
petition
for
review shall not be
given due course
by the SOJ (Section
7, NPS Rule on
Appeal)
Phase 4: Remedy and the SOJ
REMEDY:
file Petition for Review with the (SOJ).
Effect:
The Secretary of Justice (SOJ).
Upon Petition OR
The appeals does not hold the filing of the
Information in court unless otherwise directed by
the SOJ.
Motu proprio
SOJ may reverse or modify the resolution of the provincial or
city prosecutor or chief state prosecutor & direct the
prosecutor concerned either:
To file the corresponding
information
without
conducting
another
preliminary investigation
OR
The appellant may move for the suspension of
arraignment pursuant to Section 11(c), Rule 116
(DOJ Circular No. 70, 2000 NPS Rule on Appeal,
Section 9.
To dismiss or move for
dismissal (withdrawal) of
the
complaint
or
information with notice to
the parties.
Rule 65:
Petition for
Certiorari
How to assail the resolution of
Secretary of Justice/Ombudsman
NB: The same rule shall apply in preliminary investigations
conducted by the officers of the Office of the Ombudsman.
File MR or Reinvestigation
within 15 days from
receipt of the resolution
Chief Prosec.
Resolution
Reversal by SOJ is withdrawal:
SC
File petition for review (15)
days from receipt of the
resolution to SOJ
SOJ directs prosec to dismiss or move for dismissal (withdrawal)
of the complaint or information with notice to the parties.
SOJ
OP
RULE: THE COURT has DISCRETION to grant the
motion to withdraw or not.
File one time only MR
or
Reinvestigation
within non-extendible
10 days from receipt
of the resolution on
appeal
When the information is filed within the court, then it is within
the jurisdiction of the COURT already. The Court may either
grant the motion to withdraw by the SOJ or proceed with the
criminal case. The Court is the best and sole judge on what to do
with the case before it. (Crespo vs Mogul GR L-53373, 30 June
1987)
Denied
appeal
SOJ
Rule 65:
Motion to withdraw by Prosecutor was granted by court:
Requirement of COURT: The court SHALL make independeted
finding of the LACK of Probable cause, separate from findings
from the findings of the SOJ or Prosecution.
OMBUDSMAN
Denied
Petition for
Certiorari
CA
Because trial court not is ipso facto bound by the resolution of the
Secretary of Justice, the court is the sole judge on what to do with the
case before it.
Phase 5: Filing of Information to court
Judge shall personally evaluate the resolution and
its supporting evidence
RTC
By
the JUDGE
1. For the purpose of issuing
warrant of arrest or necessity
for the accused to remain in
custody (Section 5&8, Rule
112)
2. in issuing search warrant
(Section 4, Rule 126)
Judge may dismiss the case if he finds no probable
cause, otherwise he shall issue warrant of arrest.
The determination of Probable cause by the judge
is for issuance of Warrant of arrest. If he finds no
probable cause he will not issue warrant of arrest
and he will dismiss the case.
He may order the prosecutor to present evidence
to establish probable cause and resolved the
same within 30 days from the filing of the
information (section 5, Rule 112)
Judge finds NO
probable cause
DISMISS the CASE
12
NOTES
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Judge finds
probable cause
he shall issue a
warrant of arrest
Withdrawal of Information already filed in Court
When confronted with a motion to withdraw an Information on
the ground of lack of probable cause based on a resolution of
the Secretary of Justice, the bounden duty of the trial court is to
make an independent assessment of the merits of such motion.
Having acquired jurisdiction over the case, the trial court is not
bound by such resolution but is required to evaluate it before
proceeding farther with the trial. While the Secretary’s ruling is
persuasive, it is not binding on courts. When the trial court’s
Order rests entirely on the assessment of the DOJ without doing
its own independent evaluation, the trial court effectively
abdicates its judicial power and refuses to perform a positive
duty enjoined by law. (Lanier vs. People, March 19, 2014)
If Judge is satisfied that there is
no necessity for placing the
accused under custody
issue summons
instead of a warrant of arrest.
Crimes that do not requires
Preliminary Investigation
1
Chartered City
2
Provincial
3
Filing of Complaint
with Prosecutors's
office
Direct Filing of
Complaint in Court
Crimes committed
in flagrante delicto
or hot pursuit
Filing of
Information
Issuance of
warrant
Issuance of
warrant
Chartered City
Filing of Complaint
with Prosecutors's
office
Filing of
Information
Less than
4 -2 -1
The prosecutor shall act on the
complaint based on the affidavits
and other supporting documents
submitted by the complainant
within ten (10) days from its filing.
(Section 8, Rule 112 )
2
Provincial
Direct Filing of
Complaint in Court
Issuance of
warrant
Judge finds NO
probable cause
DISMISS the CASE
NOTES
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When respondent is
arrested
IN
FLAGRANTE DELICTO
(Section 5, Rule 113)
and
undergoing
inquest. No need P.I
Imposable penalty is LESS THAN
4 years, two months and one day
or more (Section 1, Rule 112)
Arrest
13
Exception to
4 -2 -1 & up
Imposable penalty is
LESS THAN 4 years, two
months and one day or
more (Section 1, Rule
112)
Arrest
1
P.I NOT REQUIRED
Arrest
Arrest
Less than
4 -2 -1
PROCEDURE for Cases not
Requiring P.I
MTC
If within ten (10) days after the filing of the complaint of
information, the judge finds no probable cause 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
shall dismiss the same. (section 5(b), Rule 112 )
How will the judge determine probable cause?
Judge may, however, require the submission of additional
evidence, within ten (10) days from notice, to determine
further the existence of probable cause. If the judge still
finds no probable cause despite the additional evidence, he
shall, within ten (10) days from its submission or expiration
of said period, dismiss the case. (section 8, Rule 112)
Judge finds
probable cause
he shall issue a
warrant of arrest
If Judge is satisfied that there is
no necessity for placing the
accused under custody
issue summons
instead of a warrant of arrest.
Exception to
4 -2 -1 & up
3
Crimes committed
in flagrante delicto
or hot pursuit
Arrest
When respondent is arrested IN
FLAGRANTE DELICTO (Section 5,
Rule
113)
and
undergoing
inquest. No need P.I
Inquest proceedings will be conducted by
prosecutor. If there is no inquest
prosecutor, complaint may be filed directly
in court.
The accused may ask for PI but he must
execute a waiver of Article 125, RPC, in
the presence of his counsel
The arrested person has the right to
apply for bail
After the filing of Information, within
five (5) days from the knowledge
thereof, accused my ask for PI
When Arrested In FLAGRANTE DELICTO, Inquest
procedings shall apply and not Preliminary
investigation
Inquest proceedings
Two types of warrantless arrest to have inquest proceedings
In Flagrante Delicto Arrest
Probable Cause Arrest or Hot Pursuit Arrest
A) When, in his presence, the
person to be arrested has
committed, is actually committing,
or is attempting to commit an
offense.
B) When offense has just been committed and he has
probable cause to believe based on personal knowledge of
facts or circumstances that the person to be arrested has
committed it;
Inquest Proceeding is an investigation conducted by a prosecutor
in criminal cases where a person has been lawfully arrested and
detained without warrant.
Article 125, RPC
Delay in the delivery of DETAINED person to the properJudicial authorities.
Art. 125 contemplates of a valid warrantless arrest. If there is warrant of
arrest, Art 125 shall not apply.
Offernder is a PUBLIC OFFICER (policeman) or EMPLOYEE
He detained a person for some legal grounds
He fails to deliver such person to the proper judicial
authorities within period stated below
12 hours
18 hours
36 hours
Offense
punishable by
Light Penalties
Offense
punishable by
Correctional
penalties
Offense
punishable by
Afflictive penalties
DELIVERY
Delivery means the filing of correct inforamation or complaint with
the proper judicial authorities.
It does not mean physical delivery or turnoverof arrested person to
the court.
PROPER JUDICIAL AUTHORITY
Justice or judges vested with judicial power to order temporary
detention or confinement of a person charged with having
committed public offenses
Prosecutors are not proper judicial authority, because they do not
have power to order temporary detention
What is the effect if the information was
filed beyond the specified period?
Filing of Information in court beyond the specified period does
not cure illegality of detention. Hence, detaining officer is still
liable under Art.125
Niether does it affect the legality of the confinement under
process issued by the court
14
NOTES
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Determine whether the arrested person was arrested
lawfully in accordance with Sec. 5(a) and (b),rule 113
He may ask the arrested person if he wants to avail his right
of PI, but in the presence of his counsel, the arrested person
will be asked to sign a waiver of the provision of Article 125.
If arrest is illegal
Prosecutor
shall
not
proceed with the inquest
and
recommend
the
release of the arrested
person
which
recommendation should
be approved by the head
If the arrest is found legal
he shall proceed with
the inquest and if he
finds probable cause,
an information will be
filed.
What if Offender wants to
have PRELIMINARY
INVESTIGATION
The offender should WAIVED IN
WRITING his rights under Art 125
RPC.
Waiver must be UNDER OATH
Must be with ASSISTANCE of
COUNSEL
Meaning, the offernder could be detained
EFFECT: longer than what is stated in Art.125, RPC.
But he shall have P.I.
Can the accused appeal
the resolution of the
inquest
prosecutor’s
finding of probable cause
to the SOJ?
No. The Supreme Court in
Leviste vs. Alameda, G.R.
No. 182677, August 3,
2010, held that the remedy
of appeal to the SOJ is not
immediately available in
cases subject of inquest.
The private party should
first avail of a preliminary
investigation
or
reinvestigation, if any,
before
elevating
the
matter to the SOJ.
Offernder does not want to
Waive his rights under Art
125?
Arresting officer MUST comply
with Art.125, and file the case
immediately in court without
Preliminary Investigation
RULE 113
Arrest
The taking of a person into
custody in order that he may
bound to answer for the
commission
of
an
offense.
(Section 1, Rule 113)
How is arrest made?
An arrest is made by an actual restraint of a person to
be arrested, or by his submission to the custody of the
person making the arrest.
C A S E
Crimes that requires
Preliminary
Investigation
F L O W
Crimes that do not require
Preliminary Investigation
1
Chartered City
Preliminary
Investigation
Provincial
Filing of Complaint
with Prosecutors's
office
Filing of
Information
Filing of
Information
Issuance of
warrant
Direct Filing of
Complaint in Court
Issuance of
warrant
Issuance of
warrant
Arrest
3
2
Arrest
Arrest
Arrest
No violence or unnecessary force shall be used
in making an arrest. The person arrested shall not
be subject to a greater restraint than is necessary
for his detention (Sec. 2, Rule 113).
Establish Probable Cause for Arrest
WITH WARRANT
Penalty of fine only no need arrest
Under the Rules of Court, a warrant of arrest need not
be issued if the information or charge was filed for an
offense penalized by a fine only. It may be stated as a
corollary that neither can a warrantless arrest be made
for such an offense.
The failure to wear a crash helmet while riding a
motorcycle is penalized by a fine only.
Thus, The motorist detention due to traffic violations
cannot be considered as custodial interrogation or
formal arrest. (Luz vs. People, 667 SCRA 421)
Crimes committed
in flagrante delicto
Issuance of
WARRANT:
1. For the purpose of issuing
warrant of arrest or necessity
for the accused to remain in
custody (Section 5&8, Rule 112)
WARRANTLESS
By
the JUDGE
Warrantless
Arrest:
2. in issuing search warrant
(Section 4, Rule 126)
Requisites for the issuance of warrant of arrest
Consti - Art 3, Section 2. 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.
By
Arresting
Officer
in effecting warrantless arrest in
hot pursuit
(Section 5(b), Rule 113)
PROBABLE CAUSE to be determined
personally by the JUDGE
Personal examination of complainant and
witnesses is not required, Judge is only
required to examine the records of the case
to determine Probable cause for issuance of
warrant of arrest. If no probable cause then
he will dismiss the case.
Soliven vs. Makasiar, 167 SCRA 393 Ocampo
vs. Abando, G.R. No. 176830, February 11,
2014
Procedure on Warrant TO arrest
It shall be the duty of the officer executing the warrant to arrest
the accused and deliver him to the nearest police station or jail
without unnecessary delay. (Section 3, Rule 113)
Report of warrant
Within 10 days after the
expiration of the period,
the officer to whom it was
assigned for execution
shall make a report to the
Judge who issue the
warrant. In case failure to
execute the warrant, he
shall state the reasons
thereof (Sec. 4, Rule 113)
15
NOTES
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Execution of warrant
Warrant is delivered to proper
law enforcement for execution
An arrest may be made on ANY
DAY at ANY TIME of the DAY or
NIGHT (Sec. 6, Rule 113)
Prosec files Info
Issuance of warrant
Judge determines
probable
cause
for issuance of
Warrant of arrest
The head of the office to whom
the warrant of arrest was
delivered for execution shall
cause the warrant to be executed
within 10 days from receipt of
warrant.
NB: Warrant of Arrest is VALID UNTIL THE ARREST of the ACCUSED! The report on warrant of arrest shall only
mean a report and will not affect the validity of the warrant of arrest. The court then after the report shall issue
alias warrant. Note again that the 10 days effectivity of warrant is subjected to search warrant and not warrant of
arrest. Thus, warrant of arrest is valid until the arrest of the accused and the search warrant is valid for only 10
days from its receipt.
3
Warrantless arrest
Crimes committed
in flagrante delicto
By Private
Person
(Section 5, Rule 113) - A peace officer or PRIVATE PERSON may,
without a warrant, arrest a Person:
To be updated in ver. 2 of
this notes
Inquest proceedings:
WARRANTLESS
In Flagrante Delicto Arrest
Probable Cause Arrest or Hot Pursuit Arrest
In Flagrante Delicto Arrest
Probable Cause Arrest or Hot Pursuit Arrest
B) When offense has just been committed and he
has probable cause to believe based on personal
knowledge of facts or circumstances that the
person to be arrested has committed it;
A) When, in his presence, the person to be
arrested has committed, is actually committing,
or is attempting to commit an offense.
Requisites:
1
Overt Act
NB: The arresting officer here does not
ACTUALLY SEEN the CRIME
committed.
Otherwise, it will fall to inflagrante delicto arrest.
2
In
PRESENCE
or
WITHIN the VIEW of
arresting officer.
Requisites:
1
I. The person to be arrested MUST execute
OVERT ACTS indicating he has just
committed, is actually committing, or is
attempting to commit a crime.
iI. The is Overt Act must be related to crime
for which accused is arrested
III. The Overt act accompanied by
reasonable suspicion must actually seen by
the arresting officer
2
NO! because there is no overt act indicating that Y is
committing a crime. Thus, arrest is illegal.
Examples with OVERT ACT
Rebellion v people - The arresting officer witnesses
the accused handling a piece of plastic sachet to his
companion (OVERT ACT). Arousing suspicion, the
officers alighted from their vehicle and approached
the accused. They found the accused holding three
strips of aluminum foil and schets of alleged shabu.
People v Pavia - A tip from a concerned citizen
reached the police that pot session was taking place
in the house of the alleged accused. They went to the
place and through a small opening in the window,
they were able to see accused sniffing shabu (OVERT
ACT).
People v Valdez - Accused was merely seen by an
officer as looking around after getting off the bus and
attempted to run away when tanod approached him
(OVERT ACT).
People v Claudio - Accused was carrying woven burilike plastic bag with what appears as camote but
instead of placing bag besides him, he placed it at the
back, narcotic agent checked the bag where
marijuana smell emanates. (OVERT ACT).
To disect, there has been a suspicion on the officer
when the accused place his bag at the back. That is
an overt act already.
Examples Not inidcative of OVERT ACT
Sanchez v People - The accused was merely seen by
officers leaving the residence of a known drug
peddler and boarding a tricycle.
People v Delos Reyes - The Officer received a tip that
an illegal drug transaction will take place in a specific
area, using specified vehicles identified by informant.
The accused were driversof those two vehicles, and
there after seeing them and another person
conversing, and seeing a white bag being passed
around, the police arrested both accused.
To direct the case, there is no overt act because, the
passing of bag is not indicative of overt act or criminal
activity to be committed.
16
An offense has just been committed
NB: There must be urgency to catch the
perpetuators (accused) because an offense has
just been committed. If there is a lapse of
appreciable time between the commission of the
crime and the arrest, arrest shall be invalid and
the proper remedy secure Warrant of arrest to
Court
The person making the arrest has PERSONAL
KNOWLEGDE of the facts and circumstances
that the person to be arrested has committed
it.
NB: This is the PROBABLE CAUSE requirement.
Stated otherwise, the person making the arrest
has probable cause that the accused is the one
committed the crime.
Ex. X said to A (police officer) that Y is possessing an
illegal drug. A confronted Y and frisk him and search
his body and found a sachet of shabu and arrest
him. Is the arrest valid?
www.milesfajardo.com
CITIZEN'S ARREST
Lawful arrest without warrant
Arrest
NOTES
WARRANTLESS
Arrest solely on a TIP is not "personal knowledge"
3
Based on these facts and circumstances that
the arresting officer possessed at the time of
the accused arrest, would a reasonably dicreet
and prudent person believe that the accused
committed the offense?
NB: This is the test to the arresting officer.
To form a believe that the facts and
circumstances points to the person being
the one who committed the crime that has
been committed.
Arrest of Escapee
C) When the person to be arrested is a prisoner
who has escaped from a penal establishment or
place where he is serving final judgement or is
temporarily confined while his case is pending, or
has escaped while being transferred from one
confinement to another.
Rights of the
Accused:
To be assisted by counsel at all times
To remain silent
To be informed of the above rights
(miranda rights)
To be visited by the immediate
members of the family, by his
counsel, or by non-gov't org.,
national or international.
illegality of arrest
Invalid Warrant of
arrest
EFFECTS:
Invalid Warrantless
arrest
On
jurisdiction
of Courts
NONE. What is affected is only the jurisdiction of the
court over the person of the accused
The illegality of the arrest CANNOT be the BASIS for
ACQUITAL (People v Yau)
It will not negate the validity of the conviction of the
accused (Rebellion v People)
On Bail:
Cases of HOT PURSUIT
People v Acol - When a
policeman
immediately
responded to the report of the
crime.
The victim points the accused and the police run after
them.The personal knowledge is established when the
police is at the moment the victim points the accused.
People v Tonon Jr. - The arrest was done on the same day
was held valid. In the case, the arresting officer had
knowledge of facts which he personally gathered in the
course of his investigation, indicating that the accused was
one of the perpetrators.
Cases where HOT PURSUIT is not appreciated
An application for admission to bail shall not bar the
accused from challenging the validity of his arrest or
legality of the warrant issued provided he raises his
objection before he enter his plea (before
arraignment)
Thus, posting of bail is not a waiver of challenging the
legality of the arrest.
Arrest
Rule: Accused can
only question the
legality of his arrest
before he enters his
plea (arraignment)
Arraignment
Accused
enters
plea
without questioning the
illegality of arrest
The accused WAIVES the
right to question the
legality of his arrest.
Posadas v Ombudsman - The killing was happend on Dec
8, 1994. It was only on Dec 11, 1994 that Posadas
requested the NBI's assistance. NBI attempted to arrest
the accused 3 days after the commission of the crime.
Thus, the arrest was invalid because there is a lapse of
time from the offense to the arrest. It cannot be said that
the officers have personal knowledge of the facts.
However, waiver of illegality of arrest does NOT
EXTEND to evidence obtained as a result of illegal
arrest. Thus, evidence obtained in illegal arrest are
inadmissible.
People v Del Rosario - The requirement that an offense
has just been committed means that THERE MUST BE A
LARGE MEASURE OF IMMEDIACY between the time the
offense was committed and the time of arrest. If there was
an appreciable lapse of time, a warrant of arrest must be
secured. Thus, In Rolito Go v CA, the arrest of the accused
6 days after the commission of the crime was held invalid
because the crime HAD NOT JUST BEEN COMMITTED.
Ex. X was illegaly arrested and a sachet of shabu was
confiscated. X was charge of a crime of possession of
illegal drugs. During arriganment X does not file a
motion to quash on the ground of illegal arrest. On the
trial, prosecution is now offering the sachet of shabu as
object evidence. X's counsel objected that the sachet of
shabu is a fruit of a poisonous tree because it is a
product of illegal arrest. Hence, inadmissible.
RULE 114
BAIL
MTC
Bail - a 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 the conditions of law. (Sec 1, Rule 114)
Arrest
BAIL
As a Matter of Right
RTC
As a Matter of Discretion
Before or After Conviction
(on appeal)
Before
Conviction
of
offenses not punishable by
death, reclusion perpertua
or life imprisonment.
RTC
2. Charged of offenses punishable by
death, reclusion perpertua or life
imprisonment.
Where to file?
Bail may be given in the form of corporate srety;
property bond; cash deposit; or recognizance
Arraignment
Available only to:
BAIL
Person who is in
CUSTODY of the LAW
Appellate
Court
RTC
Purpose:
to
GUARANTEE
the
accused APPEARANCE in
Court
To be filed & acted
upon by the TRIAL
COURT.
Provided, original
record has not yet
been transmitted
to appellate court
Constitutional Rules on BAIL
Article 3,
Sec 13.
Constitution
1. UPON Conviction of
offenses not punishable by
death, reclusion perpertua
or life imprisonment.
General Rule: All persons, before theri conviction for
criminal offense, shall be entitled to bail.
The suspension of the privilege of habeas corpus does
not impair the right to bail
No excessive bail shall be required
To be filed in
appellate court, if
the decision from
trial court changes
from non-bailable
to bailable.
RTC
When application of bail after conviction be RTC be denied?
On extradition proceedings:
NOT a matter of right.
Extradition proceedings are
not criminal proceedings.
Discretionary upon showing by
clear and convincing evidence
that:
The applicant will not
be a flight risk
there
exist
special,
humanitarian
and
compelling
circumstance
However:
It is modified in Gov't of
Hongkong v Olalia, the right to
bail by the extraditee is now
relaxed.
The reason for granting
bail to an extraditee is the
UNIVERSAL DECLARATION
of HUMAN RIGHTS. Under
such declaration, it is a
generally
accepted
principle of international
law, as such, it will
automatically forms part
of the law of the land of
Philippines.
The right to bail is NOT a matter of right but a matter of discretion on the part of
the Commissioner of immigration and Deportation.
Conditions to a BAIL:
Duration:
Bail shall reamin in force if approved until
promulgation of the judgment
Appearance:
The accused shall appear before the proper
court whenever required by the court or the
Rules
Trial in absentia:
Failure of the accused to appear without
justification and despite due notice shall be
deemed a WAIVER of his right to be present
thereat. In such case, trial may proceed without
him
Surrender Bond
The bondsman shall surrender the accused to
the court for execution of the final judgement
(Sec 2, Rule 114)
1. If the penalty imposed by the trial court is imprisonment exceeding 6 years,
the accused shall be denied bail, OR
2. His bail shall be cancelled upon showing by the prosecution, with notice to
the accused, of the "bail negating circumstances", (Sec 5, Rule 114)
What are the
"bail negating
Circumstances"
That Accused is recidivist, quasirecidivist, or habitual delinquent, or
has committed the crime aggravated
by the circumstances of reiteration
That accused is previous escapee or
violated the conditions of his
previous bail without justification
The he committed an offense while
under
probation,
parole,
or
conditional pardon.
Flight risk
There is undue risk that he may
commit
another
crime
during
pendency of appeal
Arrest
NB: (Leviste v CA)
If the accused is convicted
by the RTC with imposed
penalty of imprisonment
exceeding 6 years and
there is no "bail negating
circumstances", the grant
of bail is still discretionary.
It is not automatic on the
part of the RTC to grant
bail.
If
one
negating
circumstance is present,
bail should be denied.
Arraignment
The grant of bail should not be
conditioned
upon
prior
arraignment of the accused.
Thus, when bail is authorized,
bail should be granted before
arraignment.
Otherwise, the accused will be
precluded from filing a motion to quash
which is to be done before arraignment.
17
NOTES
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NON
BAILABLE
OFFENSES
Who may not be admitted to bail?
(Sec 7, Rule 114) - Non bailable offenses
No person charged with capital offense (death
penalty), or reclusion perpetua or life
imprisonment penalty, shall be admitted to
bail,
WHEN EVIDENCE OF GUILT IS STRONG
Regardless of the stage of criminal prosecution
Guidelines in non-bailable offenses:
(Enrile v Sandiganbayan)
1. In all cases, whether bail is a matter
of right or discretion, notify the
prosecutor of the hearing of the
application for bail or require him
to submit his recommendation (Sec
15, Rule 114, amended)
2. Where bail is a matter of discretion,
conduct
a
hearing
of
the
application for bail regardless of
whatever or not the prosecution
refuses to present evidence to
show that the guilt of the accused
is strong for the purpose of
enabling the court to exercise its
sound discretion. (Sec 7 & 8, Rule
114)
Requires prosec
to recommend
HEARING
is
MANDATORY
in
application for bail
in
non-bailable
offenses
3. Decide whether the guilt of the
Thus,
when
prosecution does
not have objection
for petition for bail
and
the
judge
grants the petition
on that basis.
4. If the guilt of the accused is not
It is a grave error
on the part of the
Judge to grant the
petition
without
hearing.
accused is strong based on the
summary of evidence of the
prosecution
strong. discharge the accused upon
approval of the bailbond, otherwise
petition should be denied.
Guilt is:
Strong,
Non approval
of bail
Not strong,
Approval
of bail
When bail is not required?
Upon order of court
When a person has been in custody
for a period equal to or more than
possible maximum imprisonment
prescribed for the offense charged
if the maximum penalty to which
the accused may be sentenced is
distierro, he shall be released after
30
days
of
preventive
imprisonment
In cases filed with MTC for an
offense
punishable
by
imprisonment of less than 4-2-1
and the judge is satisfied that bail is
not necessary
If the accused is charged with
violation of ORDINANCES, LIGHT
Felony, the prescribed penalty for
which is not higher than 6 months
or fine of 2,000 or both where it is
established that he is unable to
post the required bail (Sec. 16, Rule
114)
Where should bail be filed?
(Sec 17, Rule 114)
Matter of right
1. Bail in the amount fixed may be
filed with court where the case if
pending
2. In the absence or unavailability of
the judge thereof, with any RTC
Judge, MTC judge in the province,
city, or municipality.
3. If the accused is arrested in a
province, city, or municipality other
than the case is pending, bail may
also be filed with any regional trial
court of said place, or if no judge
thereof is available, with MTC judge
therein.
Matter of discretion/
recognizance
Determination of Probable cause is different
from hearing for petition for bail
The hearing for bail is different from the determination of the
existence of probable cause. If the court finds existence of
probable cause, the court is mandated to issue a warrant of
arrest or commitment order if the accused is alreadyunder
custody, as when he is validly arrested without warrant. It is
only after this proceeding that the court can entertain a
petition for bail where a subsequent hearing is conducted to
determine if the evidence of guilt is weak or not. (Jorda v Bitas)
18
NOTES
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The application of bail may ONLY be
filed in the court where the case is
pending, whether on P.I, trial, or
appeal.
Not yet Charged
Any person in custody who is not yet
charged in court may apply for bail
with any court in province, city or
municipality where he is held.
On Bail: (Sec 26, Rule 114)
An application for admission to bail shall not bar the
accused from challenging the validity of his arrest or
legality of the warrant issued or from assailing the
regularity or questioning the absence of a preliminary
investigation of the charge against him; provided he
raises his objection before he enter his plea (before
arraignment)
Thus, posting of bail is not a waiver of challenging the
legality of the arrest.
Recognizance: (Sec 3, RA 10389)
Recognizance is a mode of securing the release of any
person in custody or detention for the commission of
an offense who is unable to post bail due to ABJECT
POVERTY. -AND- that accused shall be in custody of
somebody else.
Indigent litigant:
Those whose gross income and that of
their immediate family do to exceed an
amount double the monthly min. wage
of an employee -and- who do not own
real property with fair market value as
stated in the current tax declaration of
more than 300k (Section 18, Rule 141)
NO hard and fast rule here to determine
if one is to be considered an indigent
The courts shall use their discretion in
determining whether an accused should be
deemed an indigent even if the salary and
property requirements are not met.
Other
relevant
factors
and
conditions
demonstrating the financial incapacity of the
accused at the time that he/she is facing charges
in court may also be considered.
When recognizance a matter of right?
When the offense is not punishable by death,
reclusion perpetua, or life imprisonment.
Before or after conviction by MTC
Before conviction of RTC
Provided, the person is in custody for a
period equal to or more than the min. of
the principal penalty prescribed for the
offense charged, without application of
ISLAW, or any modifying circumstance,
shall be released on the person's
recognizance (Sec 5, RA 10389)
Who may be the custodian?
A person of goof repute and probity
A resident of Brgy where the applicant resides
Must not be a relative of the applicant within the
4th degree of consanguinity or affinity
Must belong to any church, academe, social
welfare, health sector, cause-oriented groups,
charitable org, or org engaged in the rehabilitation
of offenders duly accredited by the local social
welfare and dev't officer.
RULE 115
Right to
Counsel
Rights of the Accused
I. Custodial Investigation
Out of
Court
Right to Counsel
during C.I
Trial
During Arrest
Custodial
Investigation
From arraignment
to promulgation of
Judgement
WAIVABLE in writing & in presence of
a counsel
Miranda Rights
Right to remain silent
Right to counsel
Lastly, right to be informed of those
rights
Effect of violation of Miranda right?
Any
admission/
INADMISSIBLE
Exclusionary Rule
confession
is
called
the
When available?
Only when the accused is in Custodial
investigation
When do we consider that an accused
is under custodial investigation?
Any questioning initiated by law
enforcement officers after a person
has been taken into custody
or otherwise deprived of his freedom
of action in some significant way.
Example:
A is a police officer, somebody reported to A that X stabs
victim W and died. A now ask questions to X, if he is the
one who stabs W. W said Yes.
Right to
remain silent
Right to be Informed
of such rights
Right to competent
and independent
counsel
Rights cannot be
waived except in
writing & in presence
of a counsel
Here, X admitted the crime.
Question: Is X under custodial investigation?
Ans: NO! X is not under custodial investigation. X is not
taken into custody neither he is deprived of his freedom
of action in some significant way.
Question: Can X demand his Miranda?
Ans: NO, because X is not under custodial investigation.
Question: Is admission of X admissible as evidence?
Ans: NO! because it is an admission
Thus,
Custodial
investigation
starts
when
the
police
investigations NO LONGER a
GENERAL
INQUIRY
into
an
unsolved crime
but has began to focus on a particular suspect taken
into custody by the police who starts the interrogation
and propoundquestions to the person to elicit
incriminating statements
Rule on Police line-up
What are the rights of a person
during custodial investigation?
The right to remain silent and to be reminded that
anything he says can and will be used against him –
This refers not only to verbal confessions but also to
acts. However, mechanical acts that does not
require the use of intelligence (such as providing
DNA samples) or to answers to general questions
are not protected under this right.
The right to an attorney or to counsel, preferably of
his own choice (not exclusive); if no choice or not
choice is not available, thus, one will be provided for
him – This right is absolute and applies even if the
accused himself is a lawyer. Thus, City Legal office is
not independent, Mayor s cannot be considered
independent, applicant in NBI is not an independent
counsel in the investigation conducted by the NBI.
Right against torture, force, violence, threat,
intimidation or any other means which vitiate the
free will of the person
Right against secret detention places, solitary,
incommunicado, or other similar forms of detention
Interesting cases:
A police line-up is not part of the
custodial investigation since the
group of accused at the stage is not
yet being investigated. In line-up,
the right to counsel does not yet
attched. (People v Tolentino)
Rule an accused is pointed
However, when the accused has
already
been
pointed,
the
investigation ceases to be a general
inquiry. Thus the person pointed to
has now the right to counsel for he
is
already
under
custodial
investigation (Mesina v People)
Admission in P.I
Admission to a reporter
Sunga
(accused),
during
Preliminary Investigation, when
accused admitted something,
he was not assisted by a
counsel. Does the admission
admissible?
While in custody, the accused
has made an admission to Noli
De Castro, a news reporter,
that he committed the offense
charged. Is the admission
admissible?
NO! It was held that P.I is not
different
from
in-custody
interrogations by the police, for
a suspect who takes part in
preliminary investigation will
be subjected to no less than
the State's processes, often
times
intimidating
and
relentless, of pursuing those
who might be libel for the
criminal prosecution.
Thus, admission made during
P.I without benefit of a counsel
is INADMISSIBLE in evidence.
(People v Sunga)
YES! The confession/admission
were made in response to a
question by news reporter, and
not a the police or any other
investigating officer.
Thus, admission made to a
reporter while in custody is
ADMISSIBLE. (People v Andan)
Admission to a Brgy. Tanod
Accused has been arrested by a
brgy tanod and he made an
admission without a counsel. Is
the admission admissible?
NO! The barangay tanods,
including barangay Chairman,
may be deemed as LAW
ENFORCEMENT OFFICER similar
to a police officer that can be
said
under
custodial
investigation.
Thus, admission made to a
brgy tanod without benefit of a
counsel is INADMISSIBLE in
evidence. (People v Malngan)
Right that can be invoked anytime
Right against
self-incrimination
It protects a person from TESTIMONIAL COMPULSION or
a compelled testimony of COMMUNICATIVE in nature.
18
NOTES
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Thus, you cannot invoke to exclude your body from
examination when it is requested or it is relevant because
it is a MECHANICAL ACT and not COMMUNICATIVE in
nature.
Interesting cases:
No infringement of the privilege when
a person is required to put on clothing
or shoes for size or for measuring or
photographing (People v Otadora)
Obtaining DNA samples from an
accused is not a violation of the right
(Herrera v Alba)
Taking of paraffin test is not a violation
of the right (People v Fieldon)
However,
Force re-enactment comes within
the ban against self-incrimintaion
(People v Olvis)
Asking someone to give a specimen
of his handwriting by writing is a
violation of a right because writing is
not a pure mechanical act as it
involves the use of INTELLECT.
(Beltran v Samson)
TRIAL
II. During Trial
What are the rights of the accused during trial
1. To be pressumed innocent until
contrary is provided
reasonable doubt
beyond
8. To be present and defend in peson and
2. To be informed of the nature and
cause of the accusations against
him
3. To testify as a witness in his own
behalf but subject to crossexamination on matters covered
by direct examination. His silence
shall not in any manner prejudice
him.
4. Right agaist self-incrimination: To
be exempt from being compelled
to be a witness against himself.
5. To have compulsory process issued
to secure the attendance of witness
and production of other evidence
in his behalf
6. To have speedy, impartial and
public trial
7. To appeal in all cases allowed and
in the manner prescribed by law.
9.
The right to confrontation is
PART of DUE PROCESS.
Mary Jane was arrested in
Indonesia for drug trafficking. She
was sentenced to death penalty,
because of timely intervention of
the government, the sentenced
was suspended. According to the
PH, Mary jane was a victim of
human trafficking by Sergio Et al.
The gov't filed a case to those who
victimized Mary Jane, and the best
witness in that case is no other
than Mary Jane herself.
The gov't filed a motion for
written interrogatories of Mary
Jane in Indonesia. It was opposed
by the defense because they
claim they cannot use Rule 24 in
criminal cases.
The accused argued that the
applicable way to take the
deposition is Sec 15, Rule 119
NOTES
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The accused may waived his presence
at the trial pursuant the stipulations set
forth in his bail, unless his presence is
specifically ordered by the court for
purposes of identification.
The absence of the accused without
justifiable cause at the trial of which he
has notice shall be considered a waiver
of his right to be present thereat.
When the accused under custody
escapes, he is presumed to have
waived his right to be present on all
subsequent trail dates until custody
over him is reagined.
Upon motion, the accused may be
allowed to defend himself in person
when it sufficiently appears to the
court that he can properly protect his
rights without the assistance of the
counsel.
To confront and cross-examine the witness against him at the trial. Either party
may utilize as part of its evidence the testimonyof a witness who is deceased,
out of or cannot with due diligence be found in the Philippines, unavailable, to
otherwise unable to testify, given in another case or proceeding, judicial or
administrative, involving the same parties and subject matter, the adverse party
having the opportunity to cross-examine him.
Right to confront & cross-examine
19
by counsel at every stage of the
proceedings, from arraignment to
promulgation of the judgement.
Presence of accused is mandatory in 3
instances:
Arraignment
Identification
Promulgation of judgement.
HELD:
Rule
24
is
Granted
with
GUIDELINES.
1st purpose: The accused were
not deprived of their right to
cross-examination.
they
are
allowed to do so through written
interrogatories.
2nd Purpose: the right to
confrontation was also complied
with as the judge was present
during the taking of the
depostiont
throug
written
interrogatories.
It has Two PURPOSE:
Primarily, to afford the
accused an opportunity to
test the testimony of the
witness
by
crossexamination
Secondarily, to allow the e
judge to observed the
deportment of the witness.
(People v Sergio, 2019)
Right to Counsel
during Trial
The right to counsel during trial is
IMMUTABLE. It cannot be waived!
Different
from
custodial
investigation, where right to
counsel can be waived in writing
and in presence of a counsel.
Interesting cases:
It has been held that "even the
most intelligent or educated man
may have no skill in the SCIENCE
of LAW, particularly in the rules of
procedure, and without counsel,
he may be convicted not because
he is guilty but because he does
not know how to establish his
innocence. (People v Holgado)
There is no denial of right to
counsel where a counsel de oficio
is appointed during the absence of
the accused's counsel de parte, or
in this case the regular de oficio,
pursuant to the court's desire to
finish the case as early as
practicable under the continuos
trial system.
Right to be informed
2. To be informed of the nature and
cause of the accusations against
him (Sec 14(b), Art. 3 Consti)
Consequences of the right:
Sec. 8 & 9, Rule 110 implementation
of
the
constitutional right to be informed
The
acts
or
omission
constituting the offense must
be specifically and clearly
alledge in the complaint or
information.
It must be in the language clear
enough for the accused to
understand it
the aggravating and qualifying
circumstances must be alledge
in the information (see page 7)
Right to testify on his own behalf
He may be compelled to testify but
he may choose to testify
Now, if he testify, he can not refuse
to answer question on crossexamination on the ground that it
may incriminate him (People v
Ayson)
Accused can only be examined on
matters covered by his direct
examination (Sec 1(d), Rule 115)
Thus, if the accused is being
questioned
on
matters
not
mentioned in direct examination,
your
counsel
must
OBJECT!
"objection your honor that question
is not mentioned during direct
examination"...
His silence shall not prejudice him
(Sec 1(d), Rule 115)
Presumption of Innnocence
1. To be pressumed innocent until
contrary is provided
reasonable doubt
beyond
(Sec 14(2), Art. 3 Consti)
Effect of presumption:
Accused need not to present
evidence to prove his innocence
because it is already accorded to
him by the constitution.
The prosecution has the burden of
proving the guilt od the accused.
The presumption prevails over the
presumption of regularity in the
performance of official function
Equipoise Rule
When there are conflciting version
of the prosecution and defense and
where the evidence, facts and
circumstances are capable of two
or more explanations, one of which
is consistent with the innocence of
the accused and the other
consistent with his guilt.
The court HAS TO ACQUIT pursuant
to presumption of innocence under
the constitution (People v Erguiza)
BUT:
When the accused admits the killing
but pleads self-defense, the burden
SHIFTS to the accused to prove his
innocence by clear and convincing
evidence. SELF-DEFENSE, when
invoked, implies the admission of
by the accused that he committed
the criminal act. (People v Delos
Santos)
Thus, the Prosecutor need not to
prove anything because of the
implied admission of the accused.
Right to compulsory process
Accused has the righ to subpoena
witneses
He has the right to compel the
attendance of a witness and have
him arrested if he failed to do so
Right to speedy trial
Sec 14(b) Art. 3 Consti - right to
have speedy, impartial and public
trial.
Effect of violation of speedy trial:
A dismissal based on a violation
of the right to speedy trial is
EQUIVALENT to an ACQUITTAL,
and double jeopardy may
attach even if dismissal is with
the consent of the accused. It
would bar further prosecution
of the accused for the same
offence (Condrada v People)
RULE 116
Arraignment
C A S E
F L O W
Crimes that do not requires
Preliminary Investigation
Crimes that requires
Preliminary Investigation
1
Preliminary
Investigation
Filing of
Information
Chartered City
2
Provincial
3
Filing of Complaint
with Prosecutors's
office
Direct Filing of
Complaint in Court
Crimes committed
in flagrante delicto
or hot pursuit
Filing of
Information
Issuance of
warrant
Arrest
Arraignment is the formal mode and manner
implementing the constitutional right of the
accused TO BE INFORMED of the NATURE and
CAUSE of the accusation against him. Its purpose
is to apprise the accused why he is being
prosecuted by the State. It is therefore
INDISPENSABLE. (Taglay v Daray)
Interesting case:
Facts: The judge found out that the accused was not yet arraigned
but the proceedings has already been submitted for decision.
The accused, despite not having arraigned, DID NOT OBJECT to the
continuation of the proceedings and ACTIVELY participated in the
trial.
HELD: The accused deemed to have WAIVED the defect of no
arraignment. Further, he is deemed to have been informed of the
nature and cause of the accusation against him because he actively
participated in the trial. (People v Pangilinan)
How is arraignment made?
Arrainment shall be made in OPEN
COURT by the Judge or Clerck by
FURNISHING the accused with a copy of
the complaint or information, reading
the same in the language or dialect
known to him, and asking him whether
he pleads guilty or not.
What should the court do if
the accused refuse to plead?
When the accused refused to
plead or makes a conditional plea,
A PLEA of NOT GUILTY shall be
entered for him (Sec 1 (c), Rule
116)
When the accused pleads guilty
but
presents
EXCULPATORY
EVIDENCE, his plea shall be
deemed withdrawn and a plea of
not guilty shall be entered for him
(Sec 1 (d), Rule 116)
NOTES
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Inquest
Proceedings
Filing of
Information
Commitment
Order
Arraignment
Arraignment
Counsel
De Oficio
DUTY of the COURT
before arraignment
If the accused can't afford to have a
counsel, court must provide him one
A counsel de oficio can be any one
who is good member of the bar,
appointed at the discretion of the
Judge.
Whenever a counsel de oficio is
appointed by the court to defend the
accused at the arraignment, he shall
be given a REASONABLE TIME to
cosult with the accused as to his plea
before
proceeding
with
the
arraignment (Sec 8, Rule 116)
The Court shall inform the
accused his rights to
counsel and ask him if he
desires to have one.
Unless the accused is
allowed to defend himself
in person or has employed
counsel of his choice, the
court MUST ASSIGN a
COUNSEL de OFICIO to
defend hin. (Sec. 6 Rule
116)
Options/remedies of the accused before arraignement
NOT
GUILTY!
Bill of
particulars
Motion for
Suspension
Motion to
QUASH
Question validity
of warrant or
arrest
Date of arraignment
Is presence of the
accused required?
The accused must be
present (MANDATORY) at
the
arraignment
and
must PERSONALLY ENTER
his PLEA.
Both arraignment and
plea must be put in
record but failure to put
in record shall not affect
the proceeding (Sec 1(b),
Rule 166)
How about the presence of the offended party?
19
Arrest
Arraignment
Arraignment
It will result in the nullity of
proceedings before the trial court.
(Taglay v Daray)
Arrest
Issuance of
warrant
Arrest
NO ARRAIGNMENT?
Issuance of
warrant
Not actually required. The arraignment can proceed without him
But if he wants to bargain, the offended party shall be REQUIRED to
appear at the arraignment for purposes of plea bargaining,
determination of civil liability, and other matters requiring his
presence.
Failure to appear, despite notification, accused may be allowed to
enter his plea of guilty to a lesser offense which is necessarily
included in the offense charged with the conformity of the trial
prosecutor alone. (Sec 1(f), Rule 116)
Issuance of
warrant
When does arraignment starts?
3
Arrest
Crimes committed
in flagrante delicto
or hot pursuit
Detained
Commitment
Order
When the accused is under
preventice detention, his case shall
be raffled and its record transmitted
to the judge to whom the case was
raffled within 3 days from the filing
of the information or complaint.
The Accused shall be arraigned
within 10 days from the date of
raffle.
The pre-trial conference shall be
conducted
on
the
day
of
arraignment (A.M no. 15-06-10-SC,
Part III(b)).
Modes of
Discovery
30 days
Not a Detainee
Arraignment
The arraignment shall be held
within 30 days from the date the
court acquires jurisdiction over
the person of the accused.
The time of the pendency of a
motion to quash or a bill of
particulars or other causes
justifying suspension of the
arraignment shall be excluded in
computing the period (Sec 1(g),
Rule 116)
On arraignment
When shall the court ENTER the
plea of the accused?
ENTER
PLEA
1. If the accused REFUSES to enter Plea
(presumed to enter not guilty)
2. If accused makes a conditional plea
3. If accused pleads guilty BUT
presents exculpatory (acquittal)
evidence.
...The plea bargaining...
“a process whereby the accused and the prosecution work out a mutually satisfactory
disposition of the case subject to court approval. It usually involves the defendant's
pleading guilty to a lesser offense or to only one or some of the counts of a multi-count
indictment in return for a lighter sentence than that for the graver charge.” (Daan v
SandiganBayan)
1 Plea to a lesser offense
Plea bargaining agreement is
principally a contract between the
accused
and
the
prosecutor
whereby the judge is not a party.
THERE MUST BE A CONSENT by the
offended party and the prosecutor
to make the plea valid. Without
consent of the prosecutor the Plea
bargaining agreement is VOID.
2 Plea bargaining in DRUG CASES
RA 9165 - Section 23. PleaBargaining Provision. – Any
person
charged
under
any
provision of this Act regardless of
the imposable penalty shall NOT
BE ALLOWED to avail of the
provision on plea-bargaining.
Requisites:
The lesser offense is necessarily included in offense charged
The plea must be with the consent of both OFFENDED party
and PROSECUTOR .
Enter plea on
arraignment
proper
Exception: Failure to appear, despite notification,
accused may be allowed to enter his plea of guilty to a
lesser offense which is necessarily included in the
offense charged with the conformity of the trial
prosecutor alone. (Sec 1(f), Rule 116)
Plea Bargaining Framework in Drug
Cases (A.M no. 18-03-16-SC)
"A.M. No. 18-03-16-SC (Adoption of the Plea Bargaining Framework in Drugs Cases) - On
August 15, 2017, En Banc Decision in G.R No. 226679 - Salvador Estipona, Jr. vs. Hon. Frank E.
Lobrigo was rendered whereby Section 23 of RA. No. 9165 was declared unconstitutional for
being contrary to the rule-making authority of the Supreme Court under Section 5(5), Article
VIII of the 1987 Constitution."
Among others:
After
arraignment
but before
trial
After the
prosecution
rested its
case (Trial)
NB: After arraignment but before trial, the accused may still be
allowed to plead guilty to a lesser offense after withdrawing his plea
of not guilty. No amendment of the complaint or information is
necessary. (Sec 2. RULE 116)
YES! It was held that plea to a lesser offense may still be considered
during the trial proper or even the prosecution has finished
presenting its evidence and rested its case. NOTE that it is
immaterial that a plea bargaining was made only after the prosecution
already presented several witnesses (Daan v Sandiganbayan)
3 Pleaded guilty to a Capital offense
"IT IS AS IF
TRIAL SHALL
PROCEED."
(Sec 3, Rule 116)
The court shall conduct SEARCHING INQUIRY into the
VOLUNTARINESS and COMPREHENSION of the plea
Require the prosecution to PROVE his GUILT and PRECISE
degree of his CULPABILITY
Allow the accused to PRESENT EVIDENCE in his behalf
It was issued after the Court in
Estipona case declared Sec. 23 of
RA
9165
as
UNCONSTITUTIONAL.
The
purpose of this Investigative
Directive is to set policy and
guidelines that shall be observed
by PNP personnel in the plea
bargaining of criminal cases
involving victimless crimes.
Shabu should be:
Plea to
Sec. 5 (PUSHER)
Shabu should be less than 1
gram (0.01-0.99 grams)
Section 12
Sec. 11 (POSSESSION)
Shabu should be less than 5
gram (0.01-4.99 grams)
Section 12
10 grams above NO PLEA
Pascua v People, G.R. No.
250578 Sept. 7, 2020
Accused was charged of
Sec.5 and plead to a
lesser offense that has a
probationable
penalty.
He apply for probation
but was denied by the
Judge. Is the accused
entitled to probation?
SC held that trial court is
incorrect in NOT granting
the probation.
People v Reafol, G.R. No. 247575
Nov. 16, 2020
A plead barganing judgement
which is rendered by the court
over the objection by the
Prosecutor is VOID!
The rule is that the COURT cannot
render judgement on PLEA BARGAIN
over the objection of the Prosecutor.
Why? Because it violates the Sec 2
RULE 116. There is no consent by the
Prosecutor.
Guidelines concerning pleas of guilty to capital offense
People v Pagal G.R. No. 241257 Sept. 29, 2020
At the TRIAL Stage
When the accused makes plea of guilty to a capital offense, the trial court must strictly
abide by t he provisions of Sec. 3, Rule 116 of the 2000 Revised Rules of Criminal
Procedure. In particular, it must AFFORD the prosecution an opportunity to present
evidence as to the guilt of the accused and the precise degree of his culpability.
FAILURE TO COMPLAY with these MANDATES constitute GRAVE ABUSE of DISCRETION.
20
NOTES
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a. In case the plea of guilty to a capital offense is supported by proof beyond
reasonable doubt, the trial court shall enter a judgment of conviction.
b. In case the prosecution presents evidence but fails to prove the accused's guilt
beyond reasonable doubt, the trial court shall enter a judgment of acquittal in
favor of the accused.
c. In case the prosecution fails to present any evidence despite opportunity to do
so, the trial court shall enter a judgment of acquittal in favor of the accused
The trial court shall require the prosecution to explain in writing within 10
days from receipt of its failure to present evidence.
Any instance of collusion between the prosecution and the accused shall
be healthwith to the full extent of the law
At the APPEAL
a. When the accused is convicted of a capital offense on the basis of his plea
of guilty, whether improvident or not, and proof beyond reasonable doubt
was established, the judgement of conviction shall be sustained
b. When the accused is convicted of a capital offense solely on the basis of
his plea of guilty, whether improvident or not, without proof beyond
reasonable doubt because the prosecution was not given an opportunity to
present its evidence, or was given the opportunity to present evidence but
the improvident plea of guilt resulted to an undue prejudice to either the
prosecution or the accused, the judgment of conviction shall be set aside
and the case remanded for re-arraignment and for reception of evidence
pursuant to Sec. 3, Rule 116 of the 2000 Revised Rules of Criminal
Procedure.
c. When the accused is convicted of a capital offense solely on the basis of a
plea of guilty, whether improvident or not, without proof beyond
reasonable doubt because the prosecution failed to prove the accused's
guilt despite opportunity to do so, the judgment of conviction shall be set
aside and the accused acquitted.
4 Pleaded guilty to a NON-Capital offense
(Sec 4, Rule 116)
When the accused pleads guilty to a NON-CAPITAL OFFENSE, the
court MAY receive evidence from the parties to determine the
penalty to be imposed.
Note that the presentation of evidence is not discretionary
Note again that the reception of evidence is only for the
determination of the penalty to be imposed.
NB: Hearing to determine the penalty to be imposed is NOT
MANDATORY. Because the reception of evidence is discretionary with
the courts. (People v Flores, 2000)
A plea of guilty can be withdrawn
At any time before the judgement of conviction becomes final, the
court may permit an improvident plea of guilty to be withdrawn and
be substituted by plea of not guilty. (Sec 5, Rule 116)
Withdrwal must be categorical (People v Salomillo)
Bill of
particulars
Person's CONSTITUTIONAL right to be INFORMED of the
nature and cause of accusation against him signifies that
an accused should be given the necessary data on why he
is subject of the criminal proceedings. It must be
described with SUFFICIENT PARTICULARITY to enable the
accused to defend himself properly. (People v Hon.
Mencias)
Motion for bill of particulars RULES
Section 9, Rule 116
The accused may, BEFORE ARRAIGNMENT, move for a bill of particulars to
enable him PROPERLY TO PLEAD and PREPARE for Trial. The motion shall
SPECIFY the ALLEGED defects of the complaint or information and the details
desired.
PRACTICAL MOVE: If the information does not properly state the crime, the proper
move by the accused is to file a motion to quash the information for failure to charge
an offense.
When is bill of particulars available
Modes of
Discovery
Sec 10. Rule 116 (Rule 27)
This rule refers to the right of the Accused to move for production or
inspection of material evidence in the possession of the prosecution.
It authorizes the defense to insect, copy or photograph any evidence
of the prosecution in its possession after obtaining the permission of
the court.
To grant the motion for production and inspection of evidence,
the motion must show good reasons with notice to all parties
(Cruz Jr. v People)
Effect of prosecution's failure to comply with the
production or inspection
Rue 116 is silent on the consequences of refusal by the
prosecution to produce the evidence or documents
subject of discovery. Thus we can apply the ff:
Rule 29 of the Civil Procedure
Rule 131, Section 3(e), that when evidence is
suppresed, it is presumed adverse to the
prosecution
What are the grounds to suspend the arraignment?
a) The accused appears to be suffering from an UNSOUND mental
condition which effectively renders him unable to fully understand
the charge against him and to plead intelligently thereto. In sucg
case, the court shall order his mental examination and, if necessary,
his confinement for such purpose.
b) There exist a PREJUDICIAL QUESTION
c) lastly, a petition for review of the resolution of the prosecutor is
pending at either the DOJ or the Office of the President; provided,
that the period of suspension shall not exceed 60 dyas counted from
the filing of the petition with the reviewing office (Sec 11, Rule 116)
Does the pendency of Petition for Review before SOJ
suspend the arraignment?
If there is a pending petition for review before DOJ, the court
(discretionary) may suspend the proceedings uon motion by the
parties. However, the court should set the arraignmet of hte
accused and direct the DOJ to submit the resolution disposing of
the petition on or before the period fixed b ythe Rules which, in no
instance, could be more than 60 days from the filing of the Petition
for Review before the DOJ, otherwise, the court will proceed with
the arraignment as scheduled and withour further delay
(Auguinaldo v Ventus)
The motion should be written, oral motion is not enough.
There should be a copy of the aid appeal bearing the stamed date
of reciept of the DOJ. (Spouses Trinidad v Ang, 2011)
21
NOTES
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When the information, though sufficiently charges an offense, if INSUFFICIENT to
GIVE accused SUFFICIENT DETAILS of the alleged offenses. It SEEKS
PARTICULARIZATION in the information to enable the accused to properly be
informed of the charge against him and enable to prepare his defense.
The particularity must be such that persons of ordinary intelligence may
immediately known what the information meas. (Romualdez v Sanduganbayan)
Information for Plunder against Sen.Enrile
The information states among others:
"by REPEATEDLY RECEIVING from NAPOLES... during and/or after PROJECT
IDENTIFICATION... to the APPROPRIATE GOVERNMENT AGENCIES, of
NAPOLES's NON-GOVERNMET ORGANIZATIONS..."
"Repeatedly receiving" - SC said, it is insufficient, to merly allege that a set of acts
had been repeatedly done, and aver that these acts resulted in the accumulation
of 172,834,500, as in this case. The information SHOULD REFLECT with
PARTICULARITY the PREDICATE ACTS that underlie the crime of PLUNDER, based
on the enumeration in Sec. 1 (d) of RA No, 7080
You need to establish the PREDICATE ACTS, because the heart of Plunder Law lies
in the phrase "Combination or series of overt or criminal acts".
Hence, even if the accumulated ill-gotten wealth amounts to at least 50 million, a
person cannot be prosecuted fro the crime of plunder if this resulted from
SINGLE CRIMINAL ACT only.
COnsidering that without a number of pvert act or criminal acts, there can be no
crime of plunder, the various overt acts that constitute the COMBINATION and
SERIES the infromation allege, are material facts that should not only be allege,
BUT MUST BE STATED with SUFFICIENT DEFINITENESS so that the accused would
know what he is specifically charge of and why he stands charged, so that he
could properly defend himself against the charge.
Bill of particulars
Bill
of
particulars
presupposes a VALID
INFORMATION
Quashal of Infomation
Motion to quash is
JURISDICTIONAL DEFECT
on the account that the
facts charged in the
information does NOT
CONSTITUTE an OFFENSE.
Clearly then, a bill of particulars does not presupposes an INVALID infromation
for it merely fills in the details on an otherwise valid information to enable an
accused to make intelligent plea and prepare for his defense (Enrile v People)
If the motion for Bill of Particulars is nor filed, defect is
waived!
The failure of the accused to move for specification of the details desired
deprives him of the right to object to evidence that could be introduced and
admitted under an Information of more or less terms but sufficiently charges
the accused with definite time. (People v Marquez)
RULE 117
Motion to Quash
When is motion to quash available?
The accused may move to quash the complaint or
information, At any time BEFORE entering his plea.
RULE on WAIBABILITY: If the accused did not question the
defective information at any time before entering his plea,
he is deemed to have waived any of the waivable defects in
the information, including the supposed lack of particularity
in the description of the attendant circumstances. (People v
SOLAR)
NW - Not waivable
W - waivable
GROUNDS:
NOT Waivable
a. That the facts CHARGED do not
constitute an offense.
NOT Waivable
b. That the court trying the case has
no jurisdiction over the offense
charged.
Waivable
Waivable
c. That the court trying the case has no
jurisdiction over the person of the
accused
d. That the officer who filed the
information had no authority to do so
Waivable
e. That it does not conform
substantially to the rescribed form
Waivable
f. That more than one offense is
charged except when a single
punishment for various offenses is
prescribed by law
NOT Waivable
NOT Waivable
NOT Waivable
g. That the criminal action or liability
has been extinguised
h. That it contains averments which, if
true, would constitute a legal excuse
or jurisdiction
i. That the accused has been
previously convicted or acquitted of
the offense charged, or the case
against him was dismissed or
otherwise without his express consent
OMNIBUS MOTION RULE
RULE: Failure of the aaccused to asset any ground of a
motion to quash BEFORE HE PLEADS to the complaint or
information, either because he did not file a motion to
quash or failed to allege the same in the said motion.
Effect: It shall be deemed a waiver of any objection
(Section 9, Rule 117)
Exception:
a. Facts do not constitute an offense
b. Lack of juristiction over subject matter
h. Extinction of criminal liability
i. Double Jeopardy
Will the quashal of information bar to another
prosecution?
It will not bar another prosecution for the same offense.
This means that another complaint or information may be
filed (Sec 6, Rule 117) Exceptions:
Extinction of criminal liability
Double jeopardy
The following are NOT grounds to quash the
information:
Execution of affidavit of desistance
Absence of Probable cause
Matter of defense
Absence of Preliminary Investigation
a.
That the facts CHARGED do not
constitute an offense.
NW!
Only the facts alleged in the information shall be
considered.
The allegations must be HYPOTHETICALLY admitted
The court may consider amendment of the Information
Illustrative Case:
Accused was criminally charged for carrying a loaded
firearm without the required written authorization
from the COMELEC during election period. He file a
motion to quash attaching in his motion a certificate of
authorization from COMELEC. Accused motion to
quash has been denied because it was held that it was
not one of the grounds of motion to quash an
information. Said attachedment is an evidentiary
matter. (Los Banos v Pedro)
Accused was indicted for bigamy. All the elements for
bigamy was alleged in the information. Accused filed a
motion to quash contending that his previous marriage
with his first wife is already annuled. The motion to
quash is denied.
Thus, as a RULE, all grounds that is not provided in sec 3,
Rule 117. Is a prohibited motion.
b.
That the court trying the case
has no jurisdiction over the
offense charged.
NW!
It must be based on the allegation in the information
it must be based in law
it is subject to re-filling to the court of proper
jurisdiction
e. W!
That it does not conform
substantially to the prescribed
form
Refer to Sec. 6 Rule 110 - Sufficiency
of complaint or information - A
complaint
or
information
is
sufficient if:
1. it states the name of the
accused;
2. the designation of the offense
given by the statute;
3. the acts or commissions
complained of as constituting
the offense;
4. the name of the offended
party;
5. the approximatedate of the
commission of the offense;
6. and the place where the
offense was committed.
6!
What if the information does not
allege facts constituting treachery, is
the defect waivable?
Yes, Waivable! (People v SOLAR)
c.
That the court trying the case
has no jurisdiction over the
person of the accused
W!
When there is illegality of arrest
subject to waiver when the accused enters plea
the waiver does not extend to the evidence obtained as
a result of illegal arrest
NB:
Jurisdiction over the person of the accused is aquired
upon his arrest or voluntary appearance (people v
Umbero)
When the accused asked an affirmative relief from the
court, there is voluntary appearance (Santiago v
Vasquez)
When the accused specifically questions the
jurisdiction of the court over his person, like motion to
quash warrant of arrest, it is not considered voluntary
appearance, as long as he have not yet enters his plea.
(People v Go.)
d.
That the officer who filed the
information had no authority
to do so
W!
The RULES provides that "no complaint or information
may be filed or dismissed by an investigating
prosecutor without prior written authority or apporaval
of the provincial or city prosecutor or ombudsman.
This requirement is Mandatory. (Quisay v People) Remeber that this ruling was already ABANDONED by
VILLA-GOMEZ case.
It is not Mandatory at all, it can be Waived! Thus, if an
information has no written approval of the Chief
Prosecutor or provincial prosecutor, and you as the
counsel to the accused does not question it in a motion
to quash, you waived it by your silence, acquiescence,
or failure to raise such ground during arraignment or
before entering a plea. VILLA-GOMEZ
f. W!
That more than one offense is
charged except when a single
punishment
for
various
offenses is prescribed by law
The accused may be convicted for as
many offenses charged in the
information as are proved during the
trial.
g. NW!
That the criminal action or
liability has been extinguished
Art. 89 RPC - Absolute extinguishment
Death
Service of Sentence
Amnesty
Absolute Pardon
Prescription
Prescription of Penalty
Marriage of offended women
Art. 94RPC - Partial extinguishment
Conditional Pardon
Commutation of sentence
Allowance for good conduct
22
NOTES
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i. NW!
DOUBLE JEOPARDY
4th requisite in double
jeopardy explained:
Requisites:
1. A valid Complaint or Info
2. Filed in Competent court
3. A Valid plea was entered
by the accused
4. Acquittal or conviction of
the accused, or the
dismissal or termination
the case against him
without
his
express
consent.
Dismissal should be without accused express
consent. No DJ if with his express consent.
Exceptions: moves with consent but DJ
will takes place
Demurrer to evidence
Dismissal due to speedy trial
Discharged as state witness
Different kinds of
DISMISSAL:
No DJ - No Double.J
DJ - Double Jeopardy
NO DJ
Provisional Dismissal - case can be
revived in a period according to
rules.
DJ
Dismissal
Evidence
for
Insufficiency
DJ
Dismissal for violation of speedy
trial
DJ
a. | b. | c. |
d. | e. |
f. | h.
g. Extinction of
criminal liability
i. Double jeopardy
Reason: Curable
Reason: NOT Curable
Withdrawal of Inforamtion
NO DJ
before
arraignment
DJ
after
arraignment
and Withdrawn
over the
objection of the
accused
Tantamount to
acquittal
Effect:
If the elements of double jeopardy are present, the accused may not be
prosecuted anew for the original offense charged, or for any attempt to
commit the same or frustration thereof, or for any offense which necessarily
includes or is necessarily included in the offense charged in the original
complaint to information (sec 7. Rule 117)
Interesting case: (Aguilar v Judge San Pedro, 2010)
The accused was CONVICTED for reckless
imprudence resulting in slight physical
injuries. Now, he is being charged with
reckless imprudence resulting in homicide
and damage to property. Both cases
arose from the same incident.
HELD: Reckless imprudence is a SINGLE
CRIME, its consequences on persons and
property are material only to determine the
penalty. Therefore, prior conviction or
acquittal of reckless imprudence BARS
subsequent prosecution for the same quasioffense.
Section 8, Rule 117
- A case shall not be provisionally dismissed EXCEPT with the
EXPRESS CONSENT of the accused and with notice to the
offended party.
of
Dismissal because Info was Quashed!
NO DJ
Provisional Dismissal
NO DJ in the Following:
The provisional dismissal of offenses punishable by
imprisonment not exceeding 6 years or a fine of any
amount, or both, shall become permanent 1 year after
issuance of the order without the case having been
revived.
With respect to offenses punishable by imprisonment of
more than 6 years, their provisional dismissal shall
become permanent 2 years after issuance of the order
without the case having been revived.
Requisite of Provisional dismissal
1. The prosecution with the express conformity of the
accused, or the accused moves for a provisional
dismissal of his case; or both the prosecution and the
accused move for its provisional dismissal
2. the offended party is notified of the motion for
provisional dismissal of the case
3. The court issues an Order granting the motion and
dismissing the case provisionally
4. The public prosecutor is served with a copy of the
Order of provisional dismissal of the case
(Bonsubre, jr. v Yerro)
Where do we compute the 1 or 2 period for reviving
the case as criminal case?
Reckoned from the issueance of the ORDER OF
DISMISSAL.
HOWEVER, SC held that this the order shall only be
permanent AFTER the service of the ORDER of
dismissal on the Prosecutor who has CONTROL of the
prosecution.
The Prosecutor cannot be expected to comply with
the timeline UNLESS he is served with the copy of the
order of dismissal
(Co v New Prosperity Plastic, 2014)
The graver offense developed due
to supervening facts arising from
the
same
act
or
omission
constituting the former charge
the facts constituting the graver
charge become known or were
discovered only after plea was
entered in the former complaint
the ple of guilty to the lesser
offense was made without the
consent of the prosecutor and of
the offended party, except as
provided in sec 1(f) of Rule 116.
23
NOTES
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RULE 118
C A S E
COMMISSION OF THE CRIME
Pre-Trial
Sec 1, Rule 117 - Pre-trial; mandatory in criminal cases.
- In all cases cognizable by SB, RTC, MTC, the court
shall, AFTER ARRAIGNMENT and within 30 days from
the date the court acquires jurisdiction over the person
of the accused, unless a shorter period ois provided for
in special laws or circulars of the SC.
Arraignment
-and-
MANDATORY
Pre-Trial
Crimes that do not requires
Preliminary Investigation
Crimes that requires
Preliminary Investigation
Pre-trial in criminal cases is MANDATORY
After
F L O W
w/in 30 days from the
date the court acquires
jurisdiction over the
person of the accused
However there is a new
rule to be observed under
the CONTINUOUS TRIAL
RULE.
Preliminary
Investigation
Chartered City
Provincial
2
3
Filing of
Information
Filing of Complaint
with Prosecutors's
office
Direct Filing of
Complaint in Court
Crimes committed
in flagrante delicto
or hot pursuit
Issuance of
warrant
Arrest
Arraignment
MANDATORY
Pre-Trial
1
Filing of
Information
Issuance of
warrant
Arrest
Issuance of
warrant
Arrest
Inquest
Proceedings
Arrest
Arraignment
Filing of
Information
Arraignment
MANDATORY
Pre-Trial
MANDATORY
Pre-Trial
Commitment
Order
Arraignment
MANDATORY
Pre-Trial
THUS,
New rule on Continuous trial:
Detainee
within 10 calendar days
from the date of the court's
receipt of the case for a
detained accused
Arraignment
MANDATORY
Pre-Trial
within 30 calendar days
from the date the court
acquires jurisdiction (either
arrest or voluntary surrender)
over a non-detained accused
Arraignment and Pre-trial shall
be conducted on the SAME DAY!
Non-appearance during pre-trial
Sec. 3 Rule 118. Non-appearance at Pre-trial Conference - If the counsel for
the accused or the prosecutor does not appear at the pre-trial conference
and does not offer an acceptable excuse for his lack of cooperation, the
court may impose proper sanctions or penalties.
Schedule of arraignment and Pre-trial - Once the court acquired jurisdiction over the
accused, the arraignment and the pre-trial shall be set within 10 calendar days from
the date of the court's receipt of the case for a detained accused, and within 30
calendar days from the date the court acquires jurisdiction (either arrest or
voluntary surrender) over a non-detained accused, unless a shorter period is
provided by special law or SC. (A.M No. 15-06-10-SC, Revised Guidelines for
Continuous Trial of Criminal Cases
Pre-trial Order
Sec. 4 Rule 118. - After the pre-trial conference, the court shall issue an ORDER
reciting the the actions taken, the facts stipulated, and evidence marked.
Such order SHALL bind the parties, limit the trial to matters not disposed of,
and control the course of the action during trial, unless modified b ythe
court to prevent manifest injustice.
Matters to be considered during Pre-trial
A.
B.
C.
Plea Bargaining
Stipulation of facts
Marking for identification of evidence of the
partis
D.
Waiver of obections to admissibility of
evidence
E.
Modification of the order of trial of the
accused admits the charge but interposes a
lawful defense; and
F.
Such matters as will promote a fair and
expeditious trial of the criminal and civil
aspects of the case
Pre-Trial agreements
Pre-Trial
(Sec 2, Rule 118)
ALL agreements or admissions made or entered during
the pre-trial conference shall be:
Reduced in writing
and SIGNED by the ACCUSED & COUNSEL
Otherwise, they cannot be USED AGAINST the ACCUSED.
Thus, in People v Uy, the SC held that even granting for the sake of argument
that the accused admitted during the pre-trial the exhibits against him, said
admission cannot be used in evidence against him because the JOINT ORDER
was not SIGNED by the PARTIES.
To bind the accused, the PRE-TRIAL ORDER MUST be SIGNED not only by
him but also his COUNSEL as well.
24
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C A S E
RULE 119
F L O W
COMMISSION OF THE CRIME
TRIAL
Crimes that do not requires
Preliminary Investigation
Crimes that requires
Preliminary Investigation
1
Preliminary
Investigation
Filing of
Information
Trial
Provincial
2
3
Filing of Complaint
with Prosecutors's
office
Direct Filing of
Complaint in Court
Crimes committed
in flagrante delicto
or hot pursuit
Filing of
Information
Issuance of
warrant
After a plea of not guilty is entered, the
accused shall have at least 15 days to prepare
fro trial. (Sec 1. Rule 119)
Chartered City
Issuance of
warrant
Arrest
Arrest
Issuance of
warrant
Arrest
Inquest
Proceedings
Arraignment
Arrest
Arraignment
Filing of
Information
Pre-Trial
Arraignment
Pre-Trial
Commitment
Order
New rule on Continuous trial:
Trial
Trial shall be set NOT LATER than 30 days from the
termintaion of the Pre-trial conference. (A.M. No. 12-11-2-SC)
Pre-Trial
Arraignment
Trial
Trial
Regular Cases:
Trial
MANDATORY
Trial
Drug Cases:
Arraignment
Arraignment
Pre-Trial
Judgment
MANDATORY
Trial
Judgment
Trial to be
finished 60
days from
filing of info
Promulgation is
within 15 days from
time of submission
of decision
Pre-Trial
Pre-Trial
30 days
30 days
180 days
Presentation of
prosecution and
defense
90 days
Promulgation of
decision
Environmental Cases:
Intellectual Property Rights cases
Arraignment
Arraignment
Trial
MANDATORY
Judgment
MANDATORY
Trial
Judgment
Pre-Trial
Pre-Trial
30 days
Trial to be
finished 90
days or 3
months from
filing of info
30 days
Memo
30 days
Decision is 60 days
from receipt of last
memo
Trial to be finished
120 days or 4 months
from filing of info
(each party has 60
days each)
30 days
Memo
Judgment is 90 days
from submission of
decision
Disposition period shall be within 10 months from the date of arraignment
Cases referred to mediation
Arraignment
Accused right to speedy disposition of the case
Sec. 10 Rule 119. - No provision of law on speedy trial and no rule implementing
the sam shall be interpreted as BAR to any change of denial of the right to speedy
trial guaranteed by Sec 14(2), Art 3. 1987 Constitution.
What cosntitute INORDINATE delay in the
cases filed before the OMBUDSMAN?
MANDATORY
Mediation
Trial
30 days
mediation
period
Trial to be
finished 180
days
Judgment
Pre-Trial
refer to
mediation
Judgment is 90
days from
submission of
decision
In deremining whether there is violation of the right of a
respondent to speedy disposition of cases in cases filed
before the OMBUDSMAN, the period for fact-finding
investigation should not be counted.
For the purpose of determining whether inordinate delay exist, a case is deemed
to have commenced from the filing of the formal complaint and subsequent
conduct of preliminary investigation (Cagang v SB, GR. No. 206438, July 31, 2018)
25
NOTES
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Order of trial (Sec. 11 Rule 119)
Conditional Examination of Witnesses
Applying modes of discovery
Prosecution presents Evidence
For Defense
Witness
The prosecution shall present evidence to prove the
charge and, in the proper case, the civil liability.
A.
B.
Rebuttal
Sur-rebuttal
The prosecution and the defense may, in that order,
present rebuttal and sur-rebuttal evidence unless the
court, in furtherance of justice, permits them to present
additional evidence bearing upon the main issue.
C.
Admissions
Submitted
of Evidence
for decision
Upon admission of the evidence of the parties, the case
shall be deemed submitted for decision unless the court
directs them to argue orally or to submit written
memoranda.
D.
When the accused admits the act or omission charged in
the complaint or information but interposes a lawful
defense, the order of trial may be modified.
E.
Reverse
TRIAL
If accused admits the crime BUT interposes
lawful defenses, such as SELF-DEFENSE.
A.
Defense presents Evidence
I don't want to testify.
How much is the bail?
B.
Prosec presents Evidence
How to secure attendance
of a MATERIAL witness
(Sec. 11 Rule 119)
Bail to secure appearance of material witness. — When the court is
satisfied, upon proof or oath, that a material witness will not testify
when required, it may, upon motion of either party, order the witness
to post bail in such sum as may be deemed proper. Upon refusal to
post bail, the court shall commit him to prison until he complies or is
legally discharged after his testimony has been taken.
STATE WITNESS
If you are a state witness, you are
discharged with your criminal liability.
TANTAMOUNT TO ACQUITTAL (Sec 18, Rule 119)
2 ways to become a state witness (Ampatuan, Jr v De Lima)
By discharge from criminal case pursuant to Sec 17 of rule 119
By approval of his application for admission into the WITNESS
PROTECTION PROGRAM of the DOJ in accordance with RA 6981
(Witness Protection Security and Benefit Act)
Under Sec 17, Rule 119
Requisites:
1. There must be 2 or more accused who are jointly
charged with the commission of an offense
2. The motion for discharge is filed by the prosecutor
before it REST its CASE
3. The prosecution is required to present evidence and
the sworn statement of each proposed state witness at
a hearing in support of the discharge
4. The accused give consent to be a state witness
The prosecution shall file a MOTION
Period to file? The motion shall be filed before the
prosecution rest its case
The court shall require the prosecution to present evidence and
sworn statement of each proposed state witness.
The court shall conduct a hearing in support of the
discharge.
Play of Rules is now subject of RULES of EVIDENCE
Defense presents Evidence
The accused may present evidence to prove his defense,
and damages, if any, arising from the issuance of a
provisional remedy in the case.
(Sec. 12 Rule 119)
Application for examination of witness for
accused before trial. — When the accused
has been held to answer for an offense, he
may, upon motion with notice to the other
parties, have witnesses conditionally
examined in his behalf.
The motion shall state:
(a) the name and residence of the
witness;
(b) the substance of his testimony; and
(c) that the witness is sick or infirm as
to afford reasonable ground for
believing that he will not 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 prevent him from
attending the trial. The motion shall be
supported by an affidavit of the
accused and such other evidence as
the court may require.
Defense Witness is:
SICK or other reasonable ground not
to attend
For Prosecution
Witness
(Sec. 15 Rule 119)
When it satisfactorily appears that a
witness for the prosecution is too sick or
infirm to appear at the trial as directed
by the order of the court, or has to leave
the Philippines with no definite date of
returning, he may forthwith be
conditionally examined before the court
where the case is pending. Such
examination, in the presence of the
accused, or in his absence after
reasonable notice to attend the
examination has been served on him,
shall be conducted in the same manner
as an examination at the trial. Failure or
refusal of the accused to attend the
examination after notice shall be
considered a waiver. The statement
taken may be admitted in behalf of or
against the accused.
Prosec Witness is:
Too Sick or infirm to appear at the
trial as directed by the order of the
court
He has to leave the Philippines with
no definite date of returning
100 KM away from place of trial
How made? (Sec. 13, Rule 119)
How made? (Sec. 15, Rule 119)
The examination shall be taken before a
judge (place where witness is residing),
or, if not practicable, a member of the
Bar in good standing so designated by
the judge in the order, or if the order be
made by a court of superior jurisdiction,
before an inferior court to be designated
therein.
The conditional examination of the Prosec
witnesses can ONLY be done BEFORE the
COURT where the case is PENDING (Vda
de Manguera v Risos)
The examination shall proceed
notwithstanding the absence of the
prosecutor provided he was duly
notified of the hearing. A written
record of the testimony shall be
taken.
A copy of the order be served on
the prosecutor at least three (3)
days
before
the
scheduled
examination.
The testimony shall be recorded.
Deposition for defense witness must
be done BEFORE TRIAL
According to People v Webb, it can be
gleaned from the definition of deposition
and in keeping with the mode of
discovery, it should be taken BEFORE and
NOT During the TRIAL.
However, in People v Sergio.
See page 19
May Rule 23 of the Rules of Civil
Procedure
be
applied
in
criminal cases?
HELD:
Rule 23 is Granted with GUIDELINES.
There is no way they Sec 15, Rule 199
would apply because Mary Jane is not sick
nor has to leave Philippines with no
definite date of returning. Thus, SC in this
exceptional case warrant the liberal
application of the rules to serve the ends
of justice.
Will it violate the right of the accused to
meet the witnesses face to face?
NO.
The purpose of the rigth to
confrontation are as follows: Primarily, to
afford the accused an opportunity to test
the testimony of the witness by crossexamination Secondarily, to allow the
judge to observed the deportment of the
witness.
It was properly observed becausethe
court give guidelines in deposing Mary
Jane
1st purpose: The accused were not
deprived of their right to crossexamination. they are allowed to do so
through written interrogatories. You
can
cross-examine
thru
written
interrogatories.
2nd
Purpose:
the
right
to
confrontation was also complied with
as the judge was present during the
taking of the depostiont throug written
interrogatories.
26
NOTES
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What needs to be proved before the court may
discharged the accused as a state witness?
(Sec. 17, Rule 119)
a. There is absolute necessity for the testimony of the accused
whose discharge is requested
b. The is no other direct evidence available for the proper
prosecution of the offense committed, except the testimony of
said accused;
c. The testimony of said accused can be substantially
corroborated in its material points;
d. Said accused does not appear to be the most guilty; and
e. Said accused has not at any time been convicted of any offense
involving moral turpitude.
- Insufficiency of Evidence Demurrer to Evidence
(Sec. 23, Rule 119)
Filed after the prosecution rested its case
Filed either with leave of court or without leave of court
If filed with leave of court and is denied by the court,
the accused will still be allowed to present evidence
If filed without leave of court and is denied by the court,
the accused will not be allowed to present evidence and
the case will be submitted for decision.
On trial:
When prosecutor is
done presenting all
his evidence.
Mistake in CHARGING the proper offense
Rule 119, Section 19. When mistake has been made in
charging the proper offense. — When it becomes
manifest at any time before judgment that a mistake
has been made in charging the proper offense and the
accused cannot be convicted of the offense charged or
any other offense necessarily included therein, the
accused shall not be discharged if there appears
good cause to detain him.
In such case, the court shall commit the accused to
answer for the proper offense and dismiss the
original case upon the filing of the proper
information.
In relation to Sec. 14 Rule 110 par. (3)
If it appears at any time before judgment that a
mistake has been made in charging the proper offense,
the court shall dismiss the original complaint or
information upon the filing of a new one charging the
proper offense in accordance with section 19, Rule 119,
provided the accused shall not be placed in double
jeopardy. The court may require the witnesses to give
bail for their appearance at the trial.
"In dismissing the original case upon the filing of
the proper information."
2nd Info
1
Prosecution rested its case.
The counsel for accused
may file motion to demurrer
to evidence before he
presents his evidence
FIle Demurrer to Evidence
2
DENIED
OR
After
the
prosecution rest its
case, the court may
dismiss the action
on the ground of
insufficiency
of
evidence on its own
initiative.
GRANTED
Demurrer with
LEAVE OF COURT
Demurrer withOUT
LEAVE OF COURT
The
counsel
for
accused may file
motion to demurrer
to evidence before
he
presents
his
evidence
the accused will not
be
allowed
to
present
evidence
and the case will be
submitted
for
decision.
Substitution or Amendment?
(Pacoy v Cajigal, 2007) Rule:
Where the 2nd information involves the same offense, or
offense which necessarily includes or is necessarily included in
the first information - AMENDMENT is sufficient
If not, where the new information charges an offense which is
distinct and different from that initially charged SUBSTITUTION is proper.
OR
Dismiss the
case MOTU
PROPIO upon
insufficiency
of evidence
Grant the demurrer
due to insufficiency
of evidence.
Tantamount to
ACQUITTAL
On Appeal
Order of Denial on
motion for leave of
court
to
file
demurrer shall not
be reviewable by
appeal or Certiorari
R.65
Prosec
Remedy?
RULE 65. CERTIORARI.
Go on with trial and
present evidence
27
NOTES
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RULE 120
Judgement
Promulgation
(Sec. 1, Rule 120)
Judgment is the adjudication by the court
that the accused is guilty or not guilty of the
offense charged and the imposition on him
of the proper penalty and civil liability, if
any.
It must be written in the official
language, personally and directly
prepared by the judge and signed by
him and shall contain clearly and
distinctly a statement of the facts and
the law upon which it is based.
Interesting case:
In Rivera v People, the judge made an order in OPEN COURT
dismissing the case for failure to adduce evidence on the part of the
prosecution. Later the Judge issued an order setting aside his order in
open court and allowed prosecution to present evidence. The accused
objected on the ground of double jeopardy.
It was held that there is no double jeopardy because the Judge
issued a verbal order of dismissal. Thus, void. The Judgment must
be personally written and signed by the judge.
Judge A
(Manila RTC)
Lateral transfer
Variance between allegation & proof
(Sec. 4, Rule 120)
The accused shall be convicted of the
offense proved which is included in the
offense charged
or of the offense charged which is
included in the offense proved.
Example:
Allegation:
Proved:
Conviction:
Murder
Homicide
Homicide
Homicide
Murder
Homicide
Note that the conviction is always on
the lower offense.
Q.C RTC
NB: A case already submitted for decision shall be decided by
the Judge to whom they were submitted, even if the judge was
laterally transferred to a different RTC.
The judgment is promulgated by reading it in the
presence of the accused and any judge of the court in
which it was rendered.
However, if the conviction is for a light offense,
the judgment may be pronounced in the presence
of his counsel or representative.
When the judge is absent or outside of the
province or city, the judgment may be
promulgated by the clerk of court.
How is judgement promulgated
when the accused is detained
Accused is:
(Sec. 5, Rule 120)
Acquited
Convicted
(Sec. 2, Rule 120)
Civil liability may still be
awarded
Judgment
shall
state
whether the evidence of the
prosecution
absolutely
failed to prove the guilt of
the accused or merely fails
to prove his guilt beyond
reasonable doubt. In either
case, the judgement shall
determine if the act or
omission from which the
civil liability might arise did
not exist.
2 kinds of acquittal
Judgement shall state:
(1) the legal qualification of the offense
constituted by the acts committed by
the accused and the aggravating or
mitigating
circumstances
which
attended its commission;
(2) the participation of the accused in
the offense, whether as principal,
accomplice, or accessory after the fact;
(3) the penalty imposed upon the
accused; and
(4) the civil liability or damages caused
by his wrongful act or omission to be
recovered from the accused by the
offended party, if there is any, unless
the enforcement of the civil liability by
a separate civil action has been
reserved or waived.
(Sec. 5, Rule 120)
An offense charged necessarily
includes the offense proved
when some of the essential
elements or ingredients of the
former, as allege in the
complaint
or
information,
constitute the latter.
An
offense
charged
is
necessarily included in the
offense proved, when the
essential ingredients of the
former constitute or form part
of those constituting the latter
(Sec. 5, Rule 120)
Promulgation
of Judgement
Judgement
When do we say that an offense is
included in another offense?
If the accused is confined or detained in
another province or city, the judgment may
be promulgated by the executive judge of the
Regional Trial Court having jurisdiction over
the place of confinement or detention upon
request of the court which rendered the
judgment.
The court promulgating the judgment
shall have authority to accept the notice
of appeal and to approve the bail bond
pending appeal; provided, that if the
decision of the trial court convicting the
accused changed the nature of the offense
from non-bailable to bailable, the
application for bail can only be filed and
resolved by the appellate court.
Who gives notice?
The proper clerk of court shall give
notice to the accused personally or
through his bondsman or warden
and counsel, requiring him to be
present at the promulgation of the
decision.
If the accused tried in absentia
because he jumped bail or
escaped from prison, the notice
to him shall be served at his last
known address.
How promulgated is made when
accused failed to appear?
In case the accused fails to appear
at
the
scheduled
date
of
promulgation of judgment despite
notice, the promulgation shall be
made by recording the judgment in
the criminal docket and serving him
a copy thereof at his last known
address or thru his counsel.
Judgement is CONVICTION but fails to appear
1
2
Acquittal on the
ground that the
accused is not the
AUTHOR of the act
or
omission
complained of.
Acquittal based on reasonable
doubt on the guilt of the accused
NO CIVIL LIABILITY
MAY ATTACH
28
NOTES
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CIVIL LIABILITY MAY ATTACH
When the civil liability attaches, the
offended party may appeal the civil
liability. (Sanchez v Far East Bank &
Trust Co.)
3 Categories of acquittal where civil
liability arises (Salazar v Peopl):
Acquittal based on reasonable
doubt
Court declared that the liability of
accused is only civil
Where civil liability of the accused
does not arise from the crime
where the accused was acquitted.
EFFECT: If the judgment is for conviction and the failure of the accused to appear was
without justifiable cause, he shall lose the remedies available in these rules
against the judgment and the court shall order his arrest.
REMEDY: Within fifteen (15) days from promulgation of judgment,
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
promulgation and if he proves that his absence was for a
justifiable cause, he shall be allowed to avail of said remedies
within fifteen (15) days from notice. (6a)
Acquited
Convicted
DOUBLE JEOPARDY NOW
CAN BE INVOKED
GO TO REMEDIES AGAINST
JUDGMENT OF CONVICTION
Remedies
Modification
of Judgement
Re-opening
Modification
of Judgement
of proceedings
(Sec 7, Rule 120)
(Sec 24, Rule 119)
Motion for
New Trial
(Sec 1, Rule 121)
Re-opening
MODIFICATION
Except where the death penalty is imposed, a judgment becomes
final after the lapse of the period for perfecting an appeal, or when
the sentence has been partially or totally satisfied or served, or
when the accused has waived in writing his right to appeal, or has
applied for probation.
Accused is:
Final
Judgement
A judgment becomes
final after the lapse of
the
period
for
perfecting an appeal
Convicted
APPEALS
(Sec 1, Rule 121)
(Rule 122)
REOPENING
of proceedings
(Sec 7, Rule 120)
A judgment of conviction may, upon motion of the accused, be modified
or set aside before it becomes final or before appeal is perfected.
FILE a motion
for modification
of judgement
Reconsideration
Against Judgement of Conviction
upon motion only
Judgement
Promulgation
Motion for
motu proprio or upon motion
(Sec 24, Rule 119)
At any time before finality of the judgment of conviction, the judge may,
motu proprio or upon motion, with hearing in either case, reopen the
proceedings to avoid a miscarrage of justice.
The proceedings shall be terminated within thirty (30) days from the
order grating it.
Judgement
Promulgation
Accused is:
REOPEN
motu proprio or upon
motion, with hearing in
either case
Final
Judgement
A judgment becomes
final after the lapse
of the period for
perfecting an appeal
Convicted
NB: After parties have already rested their case, the TRIAL may be RE-OPENED
for further reception of evidence. (Cabarles v Maceda)
New Trial or Reconsideration (Sec 1, Rule 121)
New trial or reconsideration. — At any time before a judgment of
conviction becomes final, the court may, on motion of the accused or at
its own instance but with the consent of the accused, grant a new trial
or reconsideration. (1a)
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 whom such evidence is
expected to be given or by duly authenticated copies of documents
which are proposed to be introduced in evidence.
Notice of the motion for new trial or reconsideration shall be given
to the prosecutor. (Sec 4, Rule 121)
Judgement
Promulgation
Accused is:
Convicted
File
MR or NT
Apply Fresh Period
Rule (Neypes Rule)
Final
Judgement
A judgment becomes
final after the lapse of
the
period
for
perfecting an appeal
The movant has a Fresh period of 15 days from
receipt of the notice of order denying or dismissing
the MR/NT within which to file a notice of appeal
MR
Motion for
Reconsideration
(Sec 1, Rule 121)
If granted
Grounds:
upon motion only & In WRITING
The court shall grant reconsideration on the ground of
errors of law or fact in the judgment, which requires no
further proceedings
The original judgment shall be set aside or vacated and a new
judgment rendered accordingly.
Motion for
New Trial
New Trial (NT)
upon motion only & In WRITING
(Sec 1, Rule 121)
Grounds:
(a) The errors of law or
irregularities prejudicial to the
substantial rights of the accused
have been committed during the
trial;
*during the trial means
Arraignment to
Rendition of Judgement
(b) The new and material
evidence has been discovered
which the accused could not with
reasonable
diligence
have
discovered and produced at the
trial and which if introduced and
admitted would probably change
the judgment.
Requisites of newly discovered evidence:
Evidence must be discovered AFTER TRIAL
It could not have been previously discovered & produce at the trial
even with exercise of reasonablediligence
It is new and material evidence
If introduced and admitted, it would PROBABLY change the Judgement.
If granted
If granted
On the ground of errors of law or
irregularities committed during the
trial
On the ground of newly-discovered
evidence
All proceedings and evidence
affected thereby shall be set
aside and taken anew.
The court may, in the interest
of
justice,
allow
the
introduction
of
additional
evidence.
The evidence already adduced shall
stand and the newly-discovered and
such other evidence as the court
may, in the interest of justice, allow
to be introduced shall be taken and
considered
together
with
the
evidence already in the record.
The original judgment shall be set aside or vacated and a new judgment rendered
accordingly.
29
NOTES
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APPEALS
(Rule 122)
Appeal
RULE 122 - 125
Any party may appeal from a judgment or final order, unless the accused will be placed in double jeopardy (Sec 1, Rule 122)
Acquited
Modification
Reopening
Convicted
DOUBLE JEOPARDY NOW
CAN BE INVOKED
MR | NT
The prosecution cannot
appeal the case because
the right of the accused
against double jeopardy
shall bar them.
However, there is still
a remedy and that is
RULE 65.
Apply Fresh Period
Rule (Neypes Rule)
File
Notice of appeal
A judgment becomes
final after the lapse of
the
period
for
perfecting an appeal
Judgement
Promulgation
Prosec
Remedy?
Final
Judgment
Appeal must be taken 15 days from:
1. Promulgation of judgement
2. Notice of Final order
RULE 65. CERTIORARI.
File a petition for certiorari
under Rule 65 in the
higher court questioning if
there is grave abuse of
discretion on the judge
amounting to lack and
excess of jurisdiction.
Decided by:
Appeal to:
Notice of Appeal under Rule 40
1
MTC
RTC
shall be taken by filing a notice of appeal with MTC and by
serving a copy thereof upon the adverse party.
Petition for review under Rule 42
MTC
NOTA BENE:
In criminal cases, an
appeal THROWS the
CASE WIDE OPEN for
REVIEW
(meaning
everything can be
questioned) and the
reviewing court can
correct errors or even
reverse
the
trial
court's decision on
grounds other than
those that the parties
raised as errors. (Guy
v People)
RTC
CA
Notice of Appeal under Rule 41
2
RTC
CA
3 Death Penalty
CA Automatic Review
RTC
(Sec 11, Rule 122)
(a) An appeal taken by one or more of
several; accused SHALL NOT AFFECT those
who did not appeal
Except insofar as the judgment of the
appellate court is favorable and
applicable to the latter.
(b) The appeal of the offended party from
the civil aspect shall not affect the criminal
aspect of the judgment or order appealed
from.
(c) Upon perfection of the appeal, the
execution of the judgment or final order
appealed from shall be stayed as to the
appealing party.
CA
CA
If RTC imposes death penalty, CA shall Automatically
review it.
SC
CA imposes Death Penalty
CA renders judgement, but refrains from making an
ENTRY of judgment and certifies the case and elevate to
SC fro review
No notice of appeal in Death penalty
No notice of appeal is necessary in cases where the death penalty is imposed by the Regional
Trial Court. The same shall be automatically reviewed by the Supreme Court.
The records shall be forwarded to the Supreme Court for automatic review and judgment
within five (5) days after the fifteenth (15) day following the promulgation of the judgment
or notice of denial of a motion for new trial or reconsideration.
The transcript shall also be forwarded within ten (10) days after the filing thereof by the
stenographic reporter. (10a)
4
CA
CA
NOTES
www.milesfajardo.com
shall be taken by filing a notice of appeal with the RTC or
final order appealed from and by serving a copy thereof
upon the adverse party.
The appeal to the Supreme Court in cases where the
penalty imposed by the RTC is reclusion perpetua, or life
imprisonment or lesser appeal, shall be by filing a notice of
appeal with RTC
Appeal by ANY SEVERAL ACCUSED?
31
MTC orig jurisdiction and RTC is the appellate jurisdiction,
then File petition for review with CA within 15 days from
receipt of notice.
SC
SC
CA imposes Reclution perpetua or Life imprisonment
Rule 41. Notice of Appeal
Other than Death, Reclution perpertua or Life imprisonment
Rule 45. Petition for Review on Certiorari
RULE 126
Search & Seizures
Constitutional
rights
Article 3,
Sec 2.
Constitution
Search Warrant (SW)
(Sec 1, Rule 126)
A search warrant is an order in
writing issued in the name of the
People of the Philippines,
Signed by a judge
and directed to a peace officer,
commanding him to search for
personal property described therein
and bring it before the court.
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.
NB: The rule against unreasonable searches and seizures is
a protection AGAINST GOV'T intrusions (Sec 2, Art 3. Consti).
It does NOT extend to acts committed by private individual
and entities (Sesbreno v Ca, 2014)
Search Warrant a MODE OF DISCOVERY
REMEMBER:
Any evidence obtained in violation of Sec 2
shall be inadmissible for any purpose in any
proceeding. (Sec 3, Art 3. Consti)
NB: A search warrant is NOT a criminal action nor does it represent a commencement of a
criminal action. It is not a proceeding against a person but it SOLELY for the DISCOVERY and to
get POSSESSION of personal property, it can be prosecuted without the direct control and
participation of the public prosecutor (Worldwide Web Corp v People, 2014)
Where to apply search warrant?
(Sec 2, Rule 126)
Any court within whose territorial
jurisdiction a crime was committed.
For compelling reasons stated in the
application, any court within the
judicial region (RTC) where the crime
was committed if the place of the
commission of the crime is known, or
any court within the judicial region
where the warrant shall be enforced.
HOWEVER, if the criminal action has
already been filed, the application shall
only be made in the court where the
criminal action is pending.
Requisites for issuance of search warrant
In cases involving HEINOUS CRIMES. illegal
gambling, DANGEROUS DRUGS and illegal
possession of fire-arms.
Execituve Judge & Vice executive judges of
RTCs Manila & Q.C in application filed by
PNP, NBI, PAOC-TF, and REACT-TF
The SC also included PDEA & BOC among
those agencies which can apply search
warrant. (AM No, 99-20-09-SC)
NB: The search warrant issued by Executive
Judge and Vice Executive judges are enforceable
to the whole PH.
Properties that may be subject to seized
(Sec 3, Rule 126)
(a) Subject of the offense;
(b) Stolen or embezzled and other proceeds, or fruits of the offense; or
(c) Used or intended to be used as the means of committing an offense.
RULE:
Only personal properties described in the
search warrant MAY be seized.
Exception:
PLAIN VIEW DOCTRINE.
seizure of evidence in "plain view
(Allan Liwanag v People) Requisites:
(1) Law enforcement officers in search of the evidence have a prior
justification (ei. conducting search with warrant) for an intrusion or are in a
position from which they can view a particular area;
(2) the discovery of the evidence in plain view is inadvertent; and
(3) it is immediately apparent to the officers that the item they observed
may be evidence of a crime, a contraband or is otherwise subject to seizure.
Search incident to lawful arrest
(Sec 13, Rule 126)
A person lawfully arrested may be searched for dangerous weapons or
anything which may have been used or constitute proof in the commission
of an offense without a search warrant.
32
NOTES
www.milesfajardo.com
(Sec 4, Rule 126)
NB: Reiteration of the Article 3, Sec 2. Constitution
Modification
A search warrant shall not issue except upon:
1
probable cause in connection with one specific offense
2
to be determined personally by the judge
3
1
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
things to be seized which may be anywhere in the
Philippines
"One specific offense"
RULE: One search warrant = One offense
The constitution requires that a search warrant must be
issued in connection with one specific offense. The
single offense requirement is meant to prevent the
issuance of SCATTERSHOT WARRANT. The specific
offense requirement reinforces the constitutional
requirement that a search warrant should issue on the
basis of probable cause. (Stonehill v Diokno, 1967)
HOWEVER, the rule is not violated when search
warrant covers SEVERAL counts of a CERTAIN
specific OFFENSES (Columbia Pictures v CA, 1996)
Ex. 20 counts of falsification or 10 counts of estafa
Interesting Case:
One search warrant, one offense rule
People v Pastrana - search warrant was issued for
violation of Securities Regulation Code and for Estafa, the
SC ruled that it is a scattershot warrant
People v Dichoso - the search warrant was issued for
violation of RA 6425 (Old law on dangerous drug Act)
without specifying what provision of that law was
violated. The SC upheld its validity.
There are many violations inside RA 6425, but SC ruled
it is sufficiently valid.
"determined personally by the judge"
2
3
Probable Cause for SW
Who issue?
By
the JUDGE
In issuing search warrant
(Section 4, Rule 126)
Probable Cause
for filing of Info
May be based on Hearsay
(Estrada v Ombudsman)
The existence of such FACTS
and CIRCUMSTANCES which
would lead a reasonable
discreet and prudent man to
believe that the offense has
been committed and that the
objects sought in connection
with the offense are in the
place to be searched (Century
Chinese Medicine Co. V People)
PLACE
THINGS
1. As a rule, place to be searched
must be stated in particularity.
However, even if the place to be
search is not particularly described
in the search warrant but the
implementing officer has personal
knowledge as to the place to be
search, because he is the one who
applied for the issuance of search
warrant, then there is no violation of
particularity of place. (Yao, Sr. v
People) Thus, if the searching
officers are familiar with the place to
be searched, then the requirement
of particularity is complied with.
Probable Cause for SW
Can't be based on HEARSAY
Must be based on the
PERSONAL KNOWLEDGE of
the COMPLAINANT and the
WITNESSES
Thus, the determination of the judge of the probable cause
must be based on the personal knowledge of the one who
applies for search warrant and its waitnesses
1. As a rule, warrant is valid when it
enable the police officers to readily
identify the properties to be seized and
leaves them no discretion regarding
the articles to be seized.
2. In Vallejo v CA, the court clarifed that
technical precision of description is NOT
required. "it is only necessary that there
be
reasonable
particularity
and
certainty as to the identity of the
property to be searched for and seized,
sot that the warrant shall not be a mere
roving commission."
2. Any designation or description
that points out the place to the
exclusion of others, and on inquiry
leads the officers unerringly to it,
satisfies
the
constitutional
requirement of particularity. (ei.
sketch map in the warrant)
How shall the examination of the judge be
conducte?
(Section 5, Rule 126)
The judge must, before issuing the warrant,
personally examine in the form of searching questions
and answers,
in writing and under oath,
the complainant and the witnesses he may produce on
facts personally known to them and attach to the record
their sworn statements,
together with the affidavits submitted.
Particularity of Place and Things
INVALID warrants:
How shall the examination by the judge SHOULD
be conducted?
Although there is no hard and fast rule governing how a
judge should conduct his investigation, it is neverthe less
required that the examination must be PROBING and
EXHAUSTIVE, not merely routinary, general, peripheral,
perfunctory or pro format. The judge must not simply
rehash the contents of the affidavit but must make his
own inquiry on the intent and justification of the
application (Yao Sr. v People)
VALID warrants:
"Book of accouts, financial records... etc... and
OTHER DOCUMENTS AND PAPERS SHOWING ALL
BUSINESS TRANSACTION...". An invalid warrant.
because it seems that almost everything has to
be taken. They did not make any particularity.
(Stonehill v Diokno)
"Television sets, video cassette recorders,
rewinders... etc... and other machines used or
intended to be used in unlawful reproduction,
sale, rental/lease, distribution of abovmentioned video tapes. An invalid warrant.
(20th Century Fox Film Corp v CA)
"multiple sets of books, ledgers, journals... etc...
Invalid warrant. (Uy v BIR)
"Unlicensed firearms of various
calibers and ammunitions for
said firearms" (Kho v Makalintal)
"Undetermined amount of
marijuana or indian hemp".
Valid. (People v Tee)
Seach Warrant Implementation
WHEN?
(Section 9, Rule 126)
The warrant must direct that it be
served in the daytime, UNLESS the
affidavit asserts that the property is on
the person or in the place ordered to be
searched, in which case a direction may
be inserted that it be served at any time
of the day or night.
HOW?
(Section 8, Rule 126)
No search of a house, room, or any other
premise shall be made except in the
presence of the lawful occupant thereof OR
any member of his family OR in the
absence of the latter, two witnesses of
sufficient age and discretion residing in the
same locality.
(Section 7, Rule 126)
The officer, if refused admittance to the
place of directed search after giving notice
of his purpose and authority, may break
open any outer or inner door or 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.
33
NOTES
www.milesfajardo.com
(Section 11, Rule 126)
The officer seizing property under the warrant must give
a detailed receipt for the same to the lawful occupant of
the premises in whose presence the search and seizure
were made, or in the absence of such occupant, must, in
the presence of at least two witnesses of sufficient age
and discretion residing in the same locality, leave a
receipt in the place in which he found the seized
property.
(Section 11, Rule 126)
The officer must forthwith deliver the property seized to
the judge who issued the warrant, together with a true
inventory thereof duly verified under oath.
Motion to quash or suppress evidence
Section 14. Motion to quash a search warrant or to 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 where the action has been instituted.
If no criminal action has been instituted, the motion may be filed in
and resolved by the court that issued the search warrant.
However, if such court failed to resolve the motion and a criminal
case is subsequent filed in another court, the motion shall be
resolved by the latter court
Remedy when the search warrant is quashed
There is case
No case yet
As an incident to
the main case
In anticipation of the
criminal case to be filed
It is a final order, the
remedy is APPEAL
It
is
merely
an
Interlocutory order. The
remedy
if
Rule
65.
Certiorari if there is grave
abuse of discretion.
Search incidental to a lawful arrest
Seizure of evidence in Plain view
Stop and Frisk
Exigent or emergency circumstances
Consented warrantless search
Search of vessels and aircraft
Custom search
Inspection of buildings and other premises fo the
enforemsent of fire, sanitary or building regulations
Search incident to lawful arrest
(Sec 13, Rule 126)
Then search
Peace officers are limited only to rountine checks where
examination of the vehicle is limited to visual inspection.
Before the vehicle may be subjected to extensive
search such would be permissible only if the officers
made it upon PROBABLE CAUSE. (People v Libano)
Check points
Only visual search, routinary search is valid.
PLAIN VIEW DOCTRINE.
seizure of evidence in "plain view
(Allan Liwanag v People) Requisites:
(1) Law enforcement officers in search of the evidence
have a prior justification (ei. conducting search with
warrant) for an intrusion or are in a position from which
they can view a particular area;
A person lawfully arrested may be searched for
dangerous weapons or anything which may have
been used or constitute proof in the commission
of an offense without a search warrant.
NB: the search is limited to search for
DANGEROUS WEAPON, for anything that may
have been used for the commission of the
offense or proof of the commission of the
offence.
However, SEARCH CAN BE EXTEND " within
the area of IMMEDIATE control of the arrest.
(Valeroso v CA)
Thus,
X is arrested besides his car. Can search be extended to X's car? The
answer is YES!
Y is arrested while onboard of his motorcycle. Can search be extended
to his motorcycle? The answer is YES!
However, if X is arrested outside his house wherein his house is just
15 meters away. The search can not be extended to X's house,
because the house is not anymore within the area of immediate
control of the arrest.
(3) it is immediately apparent to the officers that the
item they observed may be evidence of a crime, a
contraband or is otherwise subject to seizure.
Stop and Frisk
Accused is not
committing a
crime.
A genuine reason must exist, in light of the police officer's
experience and surrounding condition, to warrant the belief that
the person detained has weapons concealed about him.
Two fold interest:
Effective crime prevention and detection
Safety and self-preservation which permit the police
officer to take steps to assure himself that the person
with whom he deals is not armed (People v Comprado,
2018)
Thus, in Posada v CA, two policemen were conducting a surveillance within the premises
of the Rizal Memorial Colleges when they spotted the accused carrying a buri bag and
acting suspiciously. They approached the accused and identified themselves as police
officers. The accused attempted to flee but his attempt to get away was thwarted by the
policemen who then checked the buri bag wherein they found guns, ammunition, and
granade. The Search is VALID.
People v Cogaed, 2014)
Stop and Frisk
Search is Preventive in
nature and for the
safety
and
selfpreservation of the
police officer
Search is done to preserve
evidence and ensure there is
no weapons
It is the prosecution that shall prove with clear and convincing
evidence that there is waiver of right.
NOTES
Search incident to
lawful arrest
There is a crime committed in
FLAGRANTE DELICTO
A person to be searched is given his consent to the law enforcer
in areas in which such person has reasonable expectation of
Privacy
It cannot be inferred by silence. Also, it cannot be
presumed. (People v Cogaed)
www.milesfajardo.com
V
No crime has been yet
comiitted
Consented Serach
34
No ACT!
Just PURE VIEW
(2) the discovery of the evidence in plain view is
inadvertent; and
Exception to seacrh warrant requirement
Valid arrest first
Search of moving vehicles
Requisite:
The right exist
The person involved had
knowledge, either actual
or constructive, of the
existence of such right
the said person had no
actual
intention
to
reliquishe the right
Cybercrime Warrant
A.M No. 17-11-03-SC
It sets out the procedure for the
preservation, disclosure, interception,
search, seizure, and/or examination,
custody, and destruction of computer
data as provided under Cybercrime
Prevention Act of 2012 (R.A. 10175)
Who can issue Cybercrime
warrant?
RTC
Issued by designated Cybercrime
courts, which are also the special
commercial courts under RTC.
Who shall acquire jurisdiction over the
Cybercrime offenses?
Court where the place of the cybercrime
offense was committed
Wehre the computer system is situated
The place where the damage was
caused.
Does the provider need to
disclose to the subscriber
regarding
Cybercrime
Warrant
Subscriber:
Person
who
gives his data to
the
Personal examination by the Judge
In a form of searching questions
must be written and under oath
Where cybercrimecrime
enfreced?
warrant
Types of Cybercrime Warrant?
be
Within & Outside the Philippines
Period of validity of cyberwarrant
10 days from issuance, with the option
of extending another 10 days.
The Service provider is
required to preserve the data
for a min. of 6 months and
further 6 months from the
date of receipt of the order
from the law enforcement
authorities.
Law enforcement may order
a one-time extension for
another 6 months provided
that notification shall be
made tot he office of the
Prosecutor
upon
transmission.
Service Provider:
Company who
stores data of
the subscriber
It may be a
telecommunications or
infrastructure provider.
Requirement in issuance Cybercrime
warrant
Preservation Warrant
A warrant usually issued for
law enforcement authorities
ordering
a
provider
to
preserve data while law
enforcement works to obtain a
disclosure warrant.
This does not allow law
enforcement to view the data
but merely to order the
provider to hold on to the data
of the subscriber
Cybercrime
Warrant
Preservation Warrant
Disclosure Warrant
Interception Warrant
Search, Seizure and Examination Warrant
Examination Warrant for lawfully obtained Data
Destruction Warrant
Disclosure Warrant (Disclosure of Computer
Data)
A warrant issued for disclosing the data of
a subscriber, including all network traffic
and data related.
Unlike a preservation warrant, this actually
will allow law enforcement to view the data.
Service provider shall disclose or submit
the subscriber's information, traffic data or
other relevant data.
The service provider have to comply with
the disclosure warrant within 72 hours.
The law enforcement officers are allowed
to keep copies of the data obtained
provided that the data shall be STRICTLY
CONFIDENTIAL
for
purpose
of
INVESTIGATION.
Interception warrant (Interception of
Computer Data)
Warrant issued to law enforcement,
enabling them to conduct activities
such
as
listening,
recording,
monitoring and surveillance of data
through the use of electronic tapping
or interception of computer data
pertaining to the accused.
The law enforcement officer need not
disclose the interception of the
accused, except, if no return has been
filed by the law enforcement agent to
the court, the accused shall be
informed of all the interception
activities conducted pertaining to his
person and his data.
Disclosure is prohibited. The provider must keep the order and its
compliance CONFIDENTIAL.
Search, Seizure and Examination Warrant
Law enforcement ay seize and
conduct
a
search
and
examination of the data
obtained from an accused.
The accused can seek to return
the seized data provided that a
forensic image has been made
by law enforcement.
Forensic images a copy of
the entire data structure
ofan item of the accused.
35
NOTES
www.milesfajardo.com
An
interception
of
communication and data can
be done provided that such
interception
is
reasonably
related to data being seized,
searched or examined.
The examination of data shall
be conducted within the period
provided by the court bu t not
shall
be
extended
for
morethan 30 days.
Examination Warrant (Examine data
obtained lawfully)
Is a warrant issued when an item has
been seized through lawful warrantless
arrest by law enforcement for purpose of
forensic examination of data.
Destruction Warrant
Allows law enforcement to partially
or completely destroy data subject
to preservation and examination.
The court can order the return of
the data subject to destruction
provided that there is no preliminary
investigation or case instituted after
31 days from deposit, or upon lack
of probable cause.
Inspired by these laws
Section 90 of RA 9165
(Comprehensive Dangerous Drugs
Act of 2002)
A.M. No. 18-03-09-SC, June 26, 2018)
"To have speedy, impartial and public trial"
The continuous trial system is a mode of judicial fact-finding and adjudication
conducted with speed and dispatch so that trials are held on scheduled dates
without needless postponement, the factual issues for trial, well-defined at the
pre-trial and the wholeproceedings termintaed and ready fro judgement within
90 days from the date f the initial hearing, unless for meritorious reasons, an
extension is permitted.
Speedy trial of child abuse cases
are mandated. It is provided
therein that the trial shall
commence within 3 days from
the date the accused is arraigned
and no postponement of initial
hearing shall be granted, except
on meritorious cases.
It is mandated that the court
should finish the trial within 60
days
from
filing
of
the
Information and must render a
decision within 15 days from the
time it is submitted for decision.
Continuous trial system
Revised Guidelines for continuous trial is
specifically directed to JUDGES
Sec 21 of the Rules and
Regulations ont he Reporting and
investigation of Child Abuse.
Sec. 3 of RA 951
On illegal possession of firearms
- continuous trial is mandated
Sec 1 of rule 17 of A.M No. 09-9-9-SC
Sec 2, Rule 14 of A.M No. 10-3-10-SC
On the rules of procedure on
Environmental
case
which
requires trial not to exceed 3
months
On rules of procedure for
intellectual property rights cases
- it is provided therein that each
party shall have a max period of
60 days to present evidence in
chief.
The system requires the PRESIDING JUDGE ADHERE FAITHFULLY to the
session hours prescribed by law, to maintain full control of the proceedings
and to efficiently allocate and use time and court resources to avoid delays.
PROCEDUREs
O N
Hearings
Trial - Held from Monday
Thursday, 8:30 and 2:00 PM
Motion for Inhibition
Motion for inhibition based n
grounds under Rule 137 shall be
resolved immediatelyor within 2
Calendar days from date of filing.
Sec 21. RA. 9165
(Dangerous drug act) Guidelines
In the sworn statements or affidavits,
the apprehending or seizing officer
must state their compliance with the
sec 21 of R.A No. 9165
In case of non-observance of the
provision, the seizing officers must
state the justification or explanation
thereof as well as the steps they
have taken in order to preserve the
integrity and evidentiary value of the
seized items.
If there is no justification or
explanation expressly declared in the
sworn statements of affidavits, the
investigation
fiscal
must
not
immediately file the case before
court. Instead, he must refer the
case
for
further
preliminary
investigation in order to determine
the existence of probable cause,
If the investigating fiscal filed the
case despite such absence, the court
may exercise its discretion to either
refuse to issue a warrant of arrest or
commitment order or dismiss the
case outright for lack of probable
cause.
36
NOTES
www.milesfajardo.com
Prohibited Motions
to
Motions, Arraignment and Pretrial,
and Promulgation of Decisions shall
be held in mornings of Fridays. (Sec 7,
Rule 15)
M O T I O N S
RULE: It shall be denied by the Judge OUTRIGHT without need of
comment or opposition
1
Motion for Judicial Determination
of Probable cause.
The judge has 3 options upon
filing fo the information:
Dismiss the case if evidence
on
record
clearly
not
establish probable cause
Issue warrant of arrest if it
finds probable cause
Order the prosecutor to
present
additional
evidence in case of
doubt as tot he existence
of probable cause
2
Motion for P.I filed beyond 5 day
period in inquest proceedings
under sec.6, Rule 112. Or accused
failed to participate in the P.I
despite due notice
3
Motion for P.I
Filed beyond 5 day period in
inquest
proceedings
under
sec.6, Rule 112.
Or accused failed to participate
in the P.I despite due notice
Or by the accused after the
information has been filed
4
Motion for REINVESTIGATION of
the prosecutor:
1. Motion filed without leave of
court
2. when P.I is not required
3. When P.I is required but
grounds is not meritorious.
5
Motion to quash when the
ground is not one of those
stated in Sec 1, Rule 117.
6
Motion
to
suspend
arraignment not based onthe
grounds stated in Sec 11, Rule
116.
(a) The accused appears to be suffering
from an unsound mental condition
which effective renders him unable to
fully understand the charge against
him and to plead intelligently thereto.
In such case, the court shall order his
mental examination and, if necessary,
his confinement for such purpose;
(b) There exists a prejudicial question;
and
(c) A petition for review of the
resolution of the prosecutor is pending
at either the Department of Justice, or
the Office of the President; provided,
that the period of suspension shall not
exceed sixty (60) days counted from
the filing of the petition with the
reviewing office.
Another
ground
pending
investigationprior to arraignment. The
arriagnment may be suspended.
7
Motion to suspend on the
ground of prejudicial question,
when no civil case has been
filed pursuant to Sec 7, Rule
111.
Meritorious
Motions
Procedure
Filing of motion
Comment by the
adverse party
Shall be filed within a
non-extendible period of
10 calendar days from
receipt of the order of the
court to file the same
Resolution of court
The court shall resolve the
motion
within
nonextendible period of 10
calendar days from the
expiration of 10 day
period to file comment by
the adverse party.
The court, in its discretion,
may set the motion for
hearing
within
nonextendible 10 days from
the expiration of 10 day
period to file a comment
by the adverse party, in
which case the same shall
be
submitted
for
resolution
after
the
termination of the hearing,
and shall be resolved
within
non-extendible
period of 10 calendar days
thereafter.
Reply and memorandum
need not be submitted.
MR for Motions
The motion for reconsideration of
the resolution of a meritorious
motion shall be filed within a nonextendible period of 5 calendar days
from receipt of such resolution, and
the adverse party shall be given an
equal period of 5 calendar days from
receipt
of
the
motion
for
consideration within which to submit
its comment. Thereafter, the motion
for reconsideration shall be resolved
b ythe court within non-extendible
period of 5 calendar days from the
expiration fo the 5-day period to
submit a comment by the adverse
party.
Motion for
Postponement
A motion for postponement is
GENERALLY PROHIBITED!
Except if it is based on:
Acts of God
Force Majeure
Physical inability of the witness to
appear and testify
Rule: If the motion is granted based
on those above exceptions, the
moving party shall be warned that
the presentation of its evidence must
still be finished on the dates
previously agreed upon in the pretrial. AND THE MOTION MUST BE
ACCOMPANIED by the RECIEPT of
payment
for
postponement,
otherwise it shall be dismissed,
outright.
Consolidation
Newly-filed Cases- when newly filed
criminal cases involving offenses
based on the same facts or forming
part of a series of offenses of similar
character, are accompanied by a
motion for consolidation filed by the
Office of the Prosecutor, the
Executive Judge shall cause the raffle
to only one court which shall then
resolve
said
motion
for
consolidation, preferably don't he
date of the arraignemnt and int he
presence of the accused and counsel
37
NOTES
www.milesfajardo.com
Revival of Provisionally
dismissed case
The revival shall conform to the
requisites and the periods provided
under Sec 8, Rule 117.
Provisional dismissal of offenses
punishable by imprisonment not
exceeding 6 years or a fine of any
amount or both shall be
permanent 1 year after issuance
of the order without the case
having been revived.
Provisional dismissal of offenses
punishable by imprisonment of
more than 6 yrs after the shall
become permanent 2 yrs after
the issuance of the order without
the case having been revived
Withdrawal of
Inforamation
Withdrawal of information is not
TIME-BARRED by the law on
provisional dismissal under Sec 8.
Rule 117.
In Torres Jr., v Aguinaldo, a
motion to withdraw information
was filed and not a motion to
dismiss. Thus, unlike a motion to
dismiss, a motion to withdraw is
information is not time-barred
and does not fall within the ambit
of Sec 8, Rule 177, which provides
that the law on provisional
dismissal becomes operative
once the judge dismisses, with
the express consent of the
accused and with notice to the
offended party.
Schedule of Arraignement
& Pretrial
Once the court has acquired
jurisdiction over the person of the
accused, the arrangement and
pretrial shall be set within 10 days
from the date of the court's receipt
of the case for a detained accused,
and 30 calendar days from the date
the court acquires jurisdiction over
the accused, unless a shorter period
is provided by special law or SC.
NOTICE of arraignment and
pretrial shall be sent to the
accused, his counsel, private
complainant or complaining law
enforcement
agent,
publicprosecutor, and witnesses
whose names appear in the
information for purposes of
PLEA-BARGAINING, arraignement
and pretrial.
WAIVER OF READING OF INFO - it
can be allowed, provided that the
accused and his counsel fully
understand and consented to it.
The consent must be stated in
the minutes and certificate of
arraignment and the order of
arraignment. The court shall
explain the waiver of the accused
in the language known to him,
and ensure the accused full
understanding
of
the
consequences of the waiver
before approving the same.
Cases that can be refered to Mediation
Crimes where payment may prevent criminal prosecution or may
extinguish criminal liability:
B.P Blg. 22 (Boucing check law)
SSS LAW
PAGIBIG LAW - RA No. 9679
Crimes against property under Title 10 RPC, where the obligation
may be civil in nature
Theft (Art 308, RPC), via MTC
Esfata (Art 315 (1), RPC), except estafa under (2) & (3)
Other forms of swindling (Art 316, RPC)
Swindling of Minor (Art 317, RPC)
Other deceits (Art 318, RPC)
Malicious Mischief (Art 327, RPC)
Crimes against HONOR (Title 13, RPC), where liability may be civil in
nature:
Libel (Art 355, RPC)
Threatening to publish and offer to present such publication for
compensation (Art 356, RPC)
Prohibited Publication of acts referred to in the course of official
proceedings (Art 357, RPC)
Grave Slander or grave oral defamation (Art 358 par 1 RPC)
Simple Slander or Oral defamation (Art 358 par 2 RPC)
Liberl under RA 10175
Criminal negligence under title 14 RPC
Intellectual Property rights cases where liability may be civil in nature
When do you refer cases to mediation?
The referral of the case for mediation to the Philippine
Mediation Center (PMC) unit shall be made only after the
conduct of arraignment and the pretrial/preliminary conference.
The court shall serve the Order fo Referral to the PMC unit
immediately after the arrangement and the pretrial.
The mediation shall be terminated within a non-extendible
period of 30 days from the date of referral by the court to the
PMC unit.
After the lapse of the mediation period or if mediation fails, trial
shall proceed.
Conduct of pretrial
ABSENCE - The court shall proceed with the pre-trial despite the
absence of the accused and or the private complainant,
provided they were duly notified of the same, and the counsel
for the accused, as well as the public prosecutor, are present.
STIPULATIONS - Proposals for stipulation shall be done with he
active participation of the court itself and shall not be left alone
to the counsels.
MARKING OF EVIDENCE - The documentary evidence of the
prosecution and the accused shall be marked.
PRE-TRIAL ORDER - The pretrial order shall immediately be
served upon the parties and counsel on the Same day after the
termination fo the pre-trial
COMPLIANCE with RULES - Courts must strictly comply with the
guidelines to be OBSERVED in the CONDUCT of pre-trial uner AM
NO. 03-1-09-SC.
Petition for Bail
Petition for bail filed after the
filing of the information shall be
set for summary hearing after
arraignment and pretrial.
Testimony of a witness in petition
for bail may be in the form
allowed by subheading III, item
no. 11, par .b (Form of
Testimonu) of the Revised
Guidleines, provided that the
demeanor of the witness is not
essential in determining his
credibility
RESOLUTION PERIOD - it shall be
resolved within a non-extendible
period of 30 calendar days from
the date of first hearing, except in
drug cases which shall be heard
and resolved within 20 calendar
days, without need of oral
argument and submission of
memoranda, consistent with the
summary nature of proceedings.
MOTION FOR RECONSIDERATION
on resolution of petition for bail
shall be resolved within a nonextendible period of 10 calendar
days from the submission of the
motion
Regular Cases:
Arraignment
Trial
MANDATORY
Judgment
Pre-Trial
30 days
180 days
Presentation of
prosecution and
defense
90 days
Promulgation of
decision
Regular Cases with bail
Arraignment
BAIL
MANDATORY
Trial
Judgment
Pre-Trial
30 days
Hearing and
resolution for a
period of 30
days
120 days
Presentation
of Evidence
60 days - Prosec
90 days - Defense
90 days
Promulgation of
decision
Drug Cases with bail
Filing of
Information
Arraignment
MANDATORY
Trial
BAIL
Judgment
Pre-Trial
10 days
Hearing and
resolution for a
period of 20
days
30 days
Presentation
of Evidence
5 days - Prosec
25 days - Defense
15 days
Promulgation of
decision
Trial to be finished not later than 60 days from the filing of the information
Form of Testimony
For First level courts
In all criminal cases, including
those covered by the Rule on
Sumary
procedure,
the
testimonies of the witness shall
consist of the duly subscribed
WRITTEN statements given to
law enforcement or peace
officers or the affidavits or
counter-affidavits
submitted
before
the
investigating
prosecutor and if such are not
available, testimonies shall be
in the form of JUDICIAL
AFFIDAVITS,
subject
to
additional direct and crossexamination questions
For SB and CTA
Where the demeanor of the
witness is not essential in
determining the credibility of
the witness, the testimonies of
the witness shall be the duly
subscribed Written statements
given to law enforcement or
peace officer or the affidavits or
counter-affidavits
submitted
before
the
investigation
prosecutor, and if such are not
available,testimonies shall be in
the
form
of
JUDICIAL
AFFIDAVITS,
subject
to
additional direct and crossexamination questions
38
NOTES
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Trial
MODES OF DISCOVERY
The court shall encourage the accused and the
prosecution to avail of:
FOR THE ACCUSED - Sec 12 & 13, Rule 119 on
the application for examination of witness for
accused before trial and how it is made.
Deposition shall be taken before a
judge or a member of the bar in good
standing
FOR THE PROSECUTION - Sec 15, Rule 119 on
the conditional examination of witness for
the prosecution
Deposition shall be taken before the
court where the case is pending
Absence of COUNSEL DE PARTE
in the absence of counsel de parte, the
hearing shall proceed upon appointment by
the court of a COUNSEL DE OFICIO
OFFER OF EVIDENCE
Offer of evidence and objection thereto shall
be made ORALLY. A party is required to make
his/her oral offer of evidence on the same
day after the presentation of his/her last
witness, and the opposing party is required to
immediately interpose his/her oral objection
thereto. Thereafter, the court shall make a
ruling on the offer of evidence in OPEN
COURT.
DEMURRER TO EVIDENCE
After the prosecution has rested its case, the court shall
inquire from the accused if he desires to move for leave of
court to file a demurrer, or to proceed with the
presentation of his evidence.
if the accused orally moves fro leave, then court shall
orally resolve the motion for leave
if the motion is denied, accused will present evidence
on the date previously scheduled
If granted, the court will give the accused 10 days.
Prosecution will comment within 10 days. Court shall
resolve within 30 days.
THE COURT SHALL STRICTLY ADHERE TO THE RULE THAT A
WITNESS HAS TO BE FULLY EXAMINED IN ONE DAY ONLY
PROMULGATION
The court shall annouce in OPEN COURT and include in the
order submitting the case for decision, the date of the
PROMULGATION of its decision which shall not be more than
90 calendar days from the date the case is submitted for
decision, except when the case is covered by special rules and
other laws which provide for a shorter period.
ON MOTION FOR RECON OR NT
must be filed within 15 days from promulgation
It shall be resolved within non-extendible period of 10 days
from submission of comment of the prosecution. With to
without comment, the court shall resolve the motion within
ten day period
CRIMINAL PROCEDURE SUMMARY
COMMISSION OF THE CRIME
P.I REQUIRED
P.I NOT REQUIRED
4 -2 -1 & up
Exception to 4 -2 -1 & up
Imposable penalty 4 years, two months and
one day or more (Section 1, Rule 112)
Less than 4 -2 -1
Imposable penalty is LESS THAN 4 years, two months
and one day or more (Section 1, Rule 112)
When
respondent
is
arrested
IN
FLAGRANTE DELICTO (Section 5, Rule 113)
and undergoing inquest. No need P.I
COMPLETE
CASE FLOW
Crimes W/out P.I
Crimes W/ P.I
A
1
2
Chartered City
Preliminary
Investigation
3
Provincial
Filing of Complaint
Direct Filing of
with Prosecutors's Complaint in Court
office
Crimes committed
in flagrante delicto
or hot pursuit
Arrest
Inquest
Proceedings
Rule: Check the play of Jurisdiction on Page 3 &4
Authorized
PETITION FOR BAIL
Filing of
Information
3
Jurisdiction over
the accused is
already acquired
C
o
A 1 2
Issuance of
warrant
n
Acquiring
Jurisdiction over
the accused
PleaBargaining
10 days
Commitment
Order
Arraignment
Motions:
1. Motion to quash
2. Motion for postponement
3. Motion for bill of particulars
Arrest
MANDATORY
Pre-Trial
30 days
t
i
30 days
Mediation
n
Philippine
Mediation
Center
u
30 days
mediation
period
lapse of 30 days,
or mediation fails
Trial
o
Presentation
of evidence
180 days
u
Judgment
s
TRIAL
RULE
90 days Prosecutor
90 days
Demurrer
Promulgation of decision
Judgement
Promulgation
PETITION FOR BAIL
or 90 days Accused
or Reverse trial
Modification
Reopening
Acquited
Convicted
DOUBLE JEOPARDY NOW
CAN BE INVOKED
MR |NT
Prosec Remedy?
RULE 65. CERTIORARI.
File a petition for certiorari
under Rule 65 in the
higher court questioning if
there is grave abuse of
discretion on the judge
amounting to lack and
excess of jurisdiction.
Apply Fresh Period
Rule (Neypes Rule)
File
APPEAL
Judgement
Promulgation
Notice of
appeal
15 days
Appeal must be taken 15 days from:
1. Promulgation of judgement
2. Notice of Final order
Final
Judgment
A judgment becomes
final after the lapse of
the
period
for
perfecting an appeal
- END -
39
NOTES
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RULE 127
Provisional Remedies in Criminal Cases
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 who is a public officer, officer of a corporation, attorney, factor, broker, agent, or clerk, in the course of his employment as
such, or by any other person in a fiduciary capacity, or for a willful violation of duty;
(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)
- Provisional remedies are best discuss in Civil procedure -
40
NOTES
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How to best understand Crim pro
I
II
PROBABLE
CAUSE
CRIM PRO
QUADRANT
RIGHTS OF THE ACCUSED
Rules on
proceedings
JURISDICTION
To be
updated
in ver. 2 of
this notes
I
PROBABLE CAUSE
For warrantless
arrest
By
arresting
officer
in effecting warrantless
arrest or in hot pursuit
(Section 5(b), Rule 113)
Filing a case for
specific public
officials
For purpose of
filing a case
By
the JUDGE
By
Prosecutor
Ombudsman
Primary
Jurisdiction
to
Investigate and prosecute
Public Officers and employee
involving violations of penal
laws.
Issuance of
Warrant of Arrest
for the purpose of filing
“information” in Court
(Section 1&3, Rule 112)
P.I
Preliminary
Investigation
For the purpose of issuing
warrant of arrest or necessity
for the accused to remain in
custody (Section 5&8, Rule 112)
P.E
vs
Preliminary
Examination
Executive Function
Judicial Function
by Prosecutor
by a Judge
BOTH establishes
Probable Cause
For the purpose of filing
Information in Court
Judge can't interfere with
Prosecutor's function to
determine probable cause.
This is an encroachment of
powers in lieu of doctrine
of separation of powers.
41
NOTES
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For the purpose of
issuing warrant of arrest
However,
Judiciary
has
expanded power to review
acts and decisions of the
executive department, e.i
Prosecutor's discretion in
establishing probable cause
when there is grave abuse of
discretion.
Issuance of
Search Warrant
By
the JUDGE
(Section 5, Rule 126)
The judge must, before
issuing the warrant,
personally examine in the
form of searching questions
and answers,
in writing and under oath,
the complainant and the
witnesses he may produce
on facts personally known to
them and attach to the
record
their
sworn
statements,
together with the affidavits
submitted.
Issuance of
Cybercrime Warrant
Developing
THANK
YOU
-ENDNOTES
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