03 crimpro

7/31/2019 03 crimpro

1/73

REMEDIAL LAW REVIEWERUP LAW

Criminal ProcedureTable of Contents

A. General Matters 170

1. Distinguish Jurisdiction over subject matter from

jurisdiction over person of the accused...170

2. Requisites for exercise of criminal jurisdiction...170

3. Jurisdiction of Criminal courts.. 171

4. When injunction may be issued to restrain criminal

prosecution.. 172

B. Prosecution of Offenses172

1. Criminal actions, how instituted172

2. Who may file them, crimes that cannot be

prosecuted de officio.. 172

3. Criminal actions, when enjoined.. 173

4. Control of prosecution174

5. Sufficiency of Complaint or Information.. 174

6. Designation of Offense..175

7. Cause of the Accusation... 1758. Duplicity of the Offense; Exception..176

9. Amendment or Substitution of complaint or

information176

10. Venue of criminal actions 176

11. Intervention of offended party.177

C. Prosecution of Civil Action...177

1. Rule on implied institution of civil action with

criminal action..177

2. When civil action may proceed independently.. 177

3. When separate civil action is suspended1784. Effect of the death of accused or convict on civil

action.178

5. Prejudicial Question...178

6. Rule on Filing Fees in civil action deemed instituted

with the criminal action...178

D. Preliminary Investigation.. 178

1. Nature of right. 178

2. Purposes of preliminary investigation. 179

3. Who may conduct determination of existence of

probable cause179

4. Resolution of investigation prosecutor 180

5. Review. 180

6. When warrant of arrest may issue...180

7. Cases not requiring a preliminary investigation.180

8. Remedies of accused if there was no preliminary

investigation. 181

9. Inquest..181

E. Arrest.. 181

1. Arrest, how made181

2. Arrest without warrant, when lawful.182

3. Method of arrest..182

a. by officer with warrant182

b. by officer without warrant.. 183

c. by private person 183

4. Requisites of a valid warrant of arrest.183

5. Determination of Probable Cause for issuance of

warrant of arrest..183

6. Distinguish probable cause of fiscal from that of a

judge. 183

F. Bail...183

1. Nature...183

2. When a matter of right; exceptions..184

3. When a matter of discretion..184

4. Hearing of application for bail in capital

offenses....1855. Guidelines in fixing amount of bail...185

6. Bail when not required...185

7. Increase or Reduction of Bail186

8. Forfeiture and Cancellation of bail...186

9. Application not a bar to objections in illegal arrest,

lack of or irregular preliminary investigation...186

10. Hold Departure Order & Bureau of Immigration

Watchlist...186

G. Rights of the Accused186

1. Rights of accused at the trial 186

2. Rights of persons under Custodial

Investigation.187

H. Arraignment and Plea.188

1. Arraignment and Plea, how made188

2. When should plea of NOT GUILTY be entered.189

3. When may accused enter a plea of guilty to a

lesser offense.. 189

4. Accused plead guilty to capital offense, what the

court should do189

5. Searching Inquiry189

6. Improvident plea. 189

7. Grounds for suspension of arraignment. 189

I. Motion to Quash 190

1. Grounds190

2. Distinguish from demurrer to evidence...193

3. Effects of sustaining the motion to quash...193

4. Exception to the rule that sustaining the motion is

not a bar to another prosecution.. 194

5. Double Jeopardy.194

7/31/2019 03 crimpro

2/73


6. Provisional Dismissal.195

J. Pre-trial196

1. Matters to be considered during pre-trial196

2. What the court should do when prosecution and

offended party agree to the plea offered by the

accused 196

3. Pre-trial agreement.196

4. Non-appearance during pre-trial..197

5. Pre-trial order.. 197

6. Referral of some cases for Court Annexed

Mediation and Judicial Dispute Resolution.197

K. Trial..197

1. Instances when presence of accused is required by

law. 198

2. Requisite before trial can be suspended on account

of absence of witness.198

3. Trial in Absentia..198

4. Remedy when accused is not brought to trial withinthe prescribed period..198

5. Requisites for discharge of accused to become a

state witness 198

6. Effects of Discharge of accused as state

witness..199

7. Demurrer to Evidence199

L. Judgment200

1. Requisites of a judgment...200

2. Contents of Judgment200

3. Promulgation of judgment; instances of

promulgation of judgment in absentia..202

4. When does judgment become final (four instances)

. 203

M. New Trial or Reconsideration.. 203

1. Grounds for New Trial203

2. Grounds for Reconsideration203

3. Requisites before a new trial may be granted on

ground of newly discovered evidence. 203

4. Effects of granting a new trial or

reconsideration204

5. Application of Neypes Doctrine in CriminalCases 204

N. Appeal.204

1. Effect of an Appeal.204

2. Where to appeal. 204

3. How appeal taken...205

4. Effect of appeal by any of several accused210

5. Grounds for dismissal of appeal.. 210

O. Search and Seizure. 211

1. Nature of search warrant...211

2. Distinguish from warrant of arrest 212

3. Application for search warrant, where filed 212

4. Probable Cause..214

5. Personal examination by judge of the applicant and

witnesses..214

6. Particularity of place to be searched and things to

be seized..215

7. Personal property to be seized.216

8. Exceptions to search warrant requirement.216

a. Search incidental to lawful arrest. 216

b. Consented Search..216

c. Search of moving vehicle.. 217

d. Check points; body checks in airport.. 217

e. Plain view situation.217

f. Stop and Frisk situation..217

g. Enforcement of Custom Laws.. 217

9. Remedies from unlawful search and seizure.218

P. Provisional Remedies.219

1. Nature...219

2. Kinds of provisional remedies.. 219

Criminal

7/31/2019 03 crimpro

3/73


A. GENERAL MATTERS

1. Distinguish Jurisdiction over subject matter

from jurisdiction over person of the accused

2. Requisites for exercise of criminal

jurisdiction

3. Jurisdiction of Criminal courts

4. When injunction may be issued to restrain

criminal prosecution

1. Distinguish Jurisdiction over subject matter

from jurisdiction over person of the accused

Jurisdiction over Subject Matter

It is defined by law; determined by the extent

of the penalty which law imposes based on the

facts as recited in the complaint/information

constitutive of the offense charged.

o General rule: The courts jurisdiction to

try a criminal action is to be determined bythe law at the time of the institution of the

action. Succeeding legislation placing

jurisdiction in another tribunal will not affect

jurisdiction already obtained by a court.

o Exception: Where the succeeding

statute expressly provides, or is construed

that it is intended to operate to actions

pending before its enactment, in which case

the court where the criminal action is

pending is ousted of jurisdiction and the

pending action will have to be transferred to

the other tribunal, which will continue the

proceeding.

Jurisdiction over the Person of the Accused

Acquired either by:

a.) ARREST of person or

b.) VOLUNTARY SUBMISSION by the person

Voluntary appearance of the accused is

accomplished by:

a.) His pleading to the merits (fil ing a

motion to quash, appearing for arraignment,

or entering trial) orb.) by filing Bail

Academics

Leofred Ledesma Patrick Henry SalazarHeads

Michelle GoSubject Editor

Richard Beltran

Alzhoheir HajimCriminal Procedure Heads

Jiselle Compuesto

Gianna Comsti

Krizel Malabanan

Rafaella ReyesWriters

Layout

Yasmin RefranHead

Tina Amador . Victoria Caranay . Moi Colobong

Daniel Luis Convocar . Erika Esperas . Carlo Marcaida

Leo Morillo . Anne Jaycelle Sacramento . Janz Serrano

Members

Bar OperationsCommission2011

Prof. Theodore Te

Facutly Adviser

Maria Carmela Maranan

Commissioner

Bar Candidates Welfare

Purita Angela Sandalo . Maria Fatima Macanan

Human Resources

Jill Maureen HernandezLectures

Loraine Mendoza . Andrew Santiago . Eden Mopia

Mock Bar

Arianne Cerezo . Arman Mislang

Logistics

Andrew John Lena . Pauline Alejandre

Secretariat

Barbie Perez

Finance

Jaim Mari Crisostomo

Cuayo Juico . Lia Veneracion . Kriska Chen

Sam Sy . Mickey Chatto

Events

Jena De Mesa

JP Rotap . Naomi Quimpo . Mario Cerilles

Operations

Hotel: Lei Flores . Ray VelascoDayOps: Krystel Bautista

7/31/2019 03 crimpro

4/73


Jurisdiction Over the

Subject

Matter

Jurisdiction Over The

Person of the

Accused

Derived from the law. It

can never be

acquired solely

by consent of

the accused.

May be acquired by

consent of the

accused or by

waiver of

objections.

The absence of courts

jurisdiction

over the

subject matter

may be raised

at any stage of

the

proceeding.

The right to

make such

objection is

never waived.

Failure of the accused

to make

objection in

time would

constitute a

waiver of the

objection.

2. Requisites for exercise of criminal jurisdiction

WON the court has jurisdiction over the

offense by virtue of the imposable penalty

and its nature (SUBJECT MATTER

JURISDICTION)

WON the action has been filed within the

TERRITORIAL JURIDICTION of the court

o Refers to VENUE or the place where the

case is to be tried. The action should beinstituted and tried in the municipality or

territory where offense has been committed

or where any one of the essential ingredients

thereof took place.

o For transitory/ continuing offenses, the

courts of the territories where the essential

ingredients of the crime took place have

concurrent jurisdiction. The first court taking

cognizance of the case will exclude the

others [People vs. Grospe (1988)]

3. Jurisdiction of Criminal courts

How Determined

Determined by the allegations of the

complaint or information.

By examination of the complaint/information

to ascertain that the facts set out and punishment

fall under jurisdiction of court. [People v. Ocaya

(1978)]

Jurisdiction over Complex Crimes (2003

Bar): lodged with the court having jurisdiction to

impose the maximum and most serious penalty

imposable on an offense forming part of the

complex crime. [Cuyos v. Hon. Garcia (1988)]

Military Courts

General rule: Ordinary courts will have jurisdiction

over cases involving members of the armed forces,

and other persons subject to military law, including

members of the Citizens Armed Forces Geographical

Units who commits crimes under the RPC or special

laws, regardless of who the co-accused or victims

are.

Exception: When, as determined by the ordinary

court during arraignment, the offense is service-

oriented, then it will be tried by the court martial.

Provided: the President may, in the interest of justice,

order/direct at any time before arraignment that any

such crimes/offenses be tried by the proper civil

courts.

Jurisdiction of Courts

MTC RTC SANDIGANBAYAN

Exclusive original jurisdiction

over all violations ofcity/municipal ordinances

committed within their respective

territorial jurisdiction. [Sec. 32 BP

129]

Exclusive original jurisdiction

over all offenses punishable with

imprisonment not exceeding 6

years irrespective of the amount

of fine, and regardless of other

Exclusive original

jurisdiction all criminal cases

not within the exclusive

jurisdiction of any

court/tribunal/body.[Sec. 20,

BP 129]

o Exception: Those now falling

under the exclusive and

concurrent jurisdiction of the

Sandiganbayan, which shall

hereafter be exclusively taken

Exclusive original jurisdiction in

those cases expressly

enumerated in PD 1606, as

amended by RA 8249 -

Violations of RA 3019 Anti-

Graft and Corrupt Practices

Act, RA 1379, Chapter II,

Section 2, Title VII, Book II of

the RPC

Officials enumerated are the

following:

.Transpo: Rex Regis.Charles Icasiano

Linkages: Jose Lacas

7/31/2019 03 crimpro

5/73


imposable accessory or other

penalties, including the civil liability

arising from such offenses or

predicated thereon, irrespective of

kind, nature, value, or amount

thereof.

Provided, however, that in

offenses involving damage to

property through criminal

negligence they shall have

exclusive original jurisdiction

thereof. [Sec. 32, BP 129]

Exception: Cases falling

within the exclusive original

jurisdiction of RTCs and of the

Sandiganbayan. [Sec. 32, BP 129]

Cases classified under the

Revised Rules on Summary

Proceedings: [SC Resolution,

October 15, 1991]o Violations of traffic

laws/rules/ regulations;

o Violations of rental law;

o Cases where the penalty

prescribed by law for the offense

charged is imprisonment not

exceeding 6 months, or a fine

not exceeding P1,000, or both,

irrespective of other imposable

penalties, accessory or

otherwise, or of the civil liabilityarising therefrom: Provided,

however, that in offenses

involving damage to property

through criminal negligence, this

Rule shall govern where the

imposable fine does not exceed

P10,000.

Exception: a criminal case

falling under the

aforementioned list where the

offense charged is necessarily

related to another criminal

case subject to the ordinary

procedure.

cognizance of by the latter.

[Sec. 20, BP 129]

Criminal cases where one or

more of the accusedis below

eighteen (18) years of age but

not less than fifteen (15) years,

or where one or more of the

victimsis a minor at the time of

the commission of the offense

[RA 9344]

Cases against minors

cognizable under the

Dangerous Drugs Act, as

amended.

Violations of Republic Act No.

7610, the Child Abuse Act.

Cases of domestic violence

against women and children. If

an act committed against women

and children likewise constitute acriminal offense, the accused or

batterer shall be subject to

criminal proceedings and the

corresponding penalties. (Rep.

Act No. 8369, Family Courts Act

of 1997)

o Officials of the executive

branch occupying the

positions of regional director

and higher, otherwise

classified as Grade '27' and

higher, of the Compensation

and Position Classification Act

of 1989 (RA 6758)

o Members of Congress and

officials thereof classified as

Grade'27'and up under the

Compensation and Position

Classification Act of 1989

o Members of the judiciary

without prejudice to the

provisions of the Constitution

o Chairmen and members of

Constitutional Commissions,

without prejudice to the

provisions of the ConstitutionOther offenses or felonies

whether simple or complexed

with other crimes committed by

public officials and

employees in relation to their

office

Requisites:

o Accused is any

one of the public officials

enumerated in subsec. (a) of

Sec. 4 of Ra 8249, grade 27

or higher

o Accused

commits any other offense or

felony, than those specified in

subsec. (a) whether simple or

complexed with other crimes;

and offender commits such

other offense or felony in

relation to his office

4. When injunction may be issued to restrain

criminal prosecution

General rule: The prosecution of a criminal case may

not be enjoined by prohibition/ injunction.

Rationale: Public interest requires that criminal acts

be immediately investigated and prosecuted for the

protection of society.

Exceptions (1999 Bar)

7/31/2019 03 crimpro

6/73


To afford protection to the constitutional rights of

the accused;

Necessary for the orderly administration for

justice or to avoid multiplicity of actions;

There is a prejudicial question which is sub

judice;

The acts of the officer are without or in excess of

authority;

The prosecutions is under an invalid

law/ordinance/regulation;

When double jeopardy is clearly apparent;

The court has no jurisdiction over the offense;

A case of persecution rather than prosecution;

The charges are manifestly false and motivated

by the lust for vengeance;

There is clearly no prima facie case against the

accused and MTQ on that ground has been

denied;

Preliminary injunction has been issued by the SC

to prevent the threatened unlawful arrest ofpetitioners.

B. PROSECUTION OF OFFENSES

1. Criminal actions, how instituted


prosecuted de officio

3. Criminal actions, when enjoined

4. Control of prosecution

5. Sufficiency of Complaint or Information

6. Designation of Offense

7. Cause of the Accusation

8. Duplicity of the Offense; Exception


information

10. Venue of criminal actions

11. Intervention of offended party

1. Criminal actions, how instituted

In general

A criminal action is commenced in this jurisdiction by

the filing of a complaint or information. The complaint

may be filed either with the MTC or with a public

prosecutor for purposes of conducting a preliminary

investigation.

Institution and Commencement of actions

For offenses which require a preliminary

investigation pursuant to section 1 of Rule 112

(where the penalty prescribed by law is at least

four (4) years, two (2) months and one (1) day

without regard to the fine), the criminal action is

instituted by filing the complaint with the

appropriate officer for PI. In offenses cognizable

by inferior courts, the complaint or information is

filed directly with said courts or the complaint is

filed with the fiscal. In Metropolitan Manila and

other chartered cities, the complaint may be filed

with the office of the public prosecutor unless

otherwise provided in their charters. [Rule 110,

Sec. 1]

The criminal action is commenced when the

complaint or information is filed in court.

Effect of the Institution of criminal action on the

prescriptive period

General Rule

o The institution of a criminal action

shall interrupt the running of the period of

prescription of the offense charged unless

otherwise provided in special laws. [Rule

110, Sec. 1]

o Prescription is interrupted with the

filing of the case even if if the court is without

jurisdiction (Francisco vs. CA, 122 SCRA

538)

Exception

The Court held that the interruption of the prescriptive

period upon the institution of the complaint under

Sec.1 of Rule 110 does not apply to cases for

violation of special acts and municipal ordinances.

This is governed by Act No. 3326 and is interrupted

only by the institution of judicial proceedings for its

investigation and punishment. [Zaldivia vs. Reyes,

211 SCRA 277]


prosecuted de officio

General Rule

All criminal actions either commenced by

complaint or by information shall be prosecuted

under the direction and control of a public

prosecutor [Rule 110, Sec. 5]

The public prosecutor is a quasi-judicial officer

and a representative of sovereignty whose

7/31/2019 03 crimpro

7/73


obligation to govern impartially is as compelling

as its obligation to govern at all.

Exception

In case of (1) heavy work schedule of the public

prosecutor or (2) in the event of lack of public

prosecutors, the private prosecutor may be

authorized in writ ing by the Chief of the

Prosecution Office or the Regional State

Prosecution to prosecute the case subject to the

courts approval. The authority will continue up to

the end of the trial even in the absence of a

public prosecutor until revoked or withdrawn.

The private prosecutor is the attorney

representing the offended where the civil action

for recovery of civil liability is instituted with the

criminal case.

Cases that cannot be prosecuted de oficio

Those which cannot be prosecuted except uponcomplaint filed by the aggrieved/offended party are

the following:

1. Adultery/concubinage

2. Seduction, abduction, acts of lasciviousness

3. Defamation which consists of imputation of

any of the foregoing offenses.

Rationale: The aggrieved party might prefer to suffer

the outrage in silence rather than go through the

scandal of a public trial.

Offended parties who can file complaint

In adultery and concubinage

The offended spouse. Both guilty parties should

be included if both are alive. However, a criminal

prosecution will not prosper if the offended party

consented to the offense.

In oral defamation can only be

brought upon instance and upon complaint of the

offended party.

2. Effect of

Death of offended party

Once a complaint is filed, the will of

the offended party is ascertained and the action

proceeds. Death after filing the complaint would

not deprive the court of the jurisdiction to try the

case.

The State shall initiate the action on

behalf of the offended party in case of his

death/incapacity and he has no known

parents/grandparents/ guardians.

In adultery/concubinage, such

death does not extinguish the criminal liability of

accused.

b. Desistance by offended party

It does not bar the People of the Philippines

from prosecuting the criminal action, but it

operates as a waiver of the right to pursue civil

indemnity.

An affidavit of desistance cannot justify

dismissal of the complaint if made after (and not

before) the institution of the criminal action.

c. Pardon by offended party

In rape, seduction, abduction and acts of

lasciviousness of a minor The pardon will be

effective if given by both parents and the

offended party. In seduction, abduction and acts of

lasciviousness- Express pardon by the offended

party, parents, grandparents or guardian will

prevent prosecution. [Rule 110, Sec. 5]

The parents/grandparents/guardian of the

offended minor (in that order) cannot extend a

valid pardon without conformity of the offended

party, even if the latter is a minor. [US v. Luna

(1902)]

If the offended woman is of age and not

incapacitated, only she can extend a valid pardon

which would absolve the offender.

General rule

Pardon must be made before the filing of the criminal

complaint in court EXCEPT in rape where marriage

between the offender and the offended party would be

effective as pardon even when the offender has

already commenced serving his sentence)

If there are more than one

accused, the pardon must be extended to all

offenders.

Marriage between offender

and offended party.

Pardon or desistance

extinguishes civil liability.

Pardon or express

condonation has the effect of waiving the civil

liability with regard to the interest of the injured

party. Liability arising from an offense is

extinguished in the same manner as other

obligations.

7/31/2019 03 crimpro

8/73


3. Criminal actions, when enjoined

General rule: The prosecution of a criminal case may

not be enjoined by prohibition/ injunction.

Rationale: Public interest requires that criminal acts

be immediately investigated and prosecuted for the

protection of society.

Exceptions (1999 Bar)

To afford protection to the constitutional rights of

the accused;

Necessary for the orderly administration for

justice or to avoid multiplicity of actions;

There is a prejudicial question which is sub

judice;

The acts of the officer are without or in excess of

authority;

The prosecutions is under an invalidlaw/ordinance/regulation;

When double jeopardy is clearly apparent;

The court has no jurisdiction over the offense;

A case of persecution rather than prosecution;

The charges are manifestly false and motivated

by the lust for vengeance;

There is clearly no prima facie case against the

accused and MTQ on that ground has been

denied;

Preliminary injunction has been issued by the SC

to prevent the threatened unlawful arrest of

petitioners.

4. Control of prosecution

Extent of the prosecutors control

a. Prior to the filing of the case

The prosecutor has the discretion to file or

not to file a criminal action.

The prosecutor is vested with discretion as

to who is to prosecute and for what; he cannot be

compelled to file a particular information.

However, if the evidence presented at the PIleaves no doubt as to what crime was committed

and by whom, then mandamus is available to

compel the prosecuting officer to file the

corresponding complaint or information in

accordance with the evidence [Bernabe vs.

Bolinas, 18 SCRA 812].

b. After a case is filed

Once a criminal case has been filed in court,

it is the prosecutors duty, regardless of his

personal convictions or opinions, to proceed with

the presentation of his evidence to enable the

court to arrive at its own judgment as to the

accuseds culpability.

After an action has been filed in court, the

prosecutor has no power to dismiss the action

without the courts consent.

While the Secretary of Justice has the authority to

review the acts of his subordinates in criminal cases,

the court has always has the discretion to try a motion

to dismiss which the prosecution may file after the

Secretary of Justice reverses an appealed decision.

[Roberts Jr. vs. CA, GR 113930]

The trial court is not bound to adopt the resolution of

the Secretary of Justice since it is mandated to

independently evaluate or assess the merits of thecase and it may either agree or disagree with the

recommendation of the Secretary of Justice.

Effects of the lack of intervention by the fiscal in

the trial

Although the private prosecutor had

previously been authorized by the special

counsel to present the evidence for the

prosecution, in view of the absence of the City

Fiscal at the hearing, it cant be said that the

prosecution of the case was under the control of

the City Fiscal. It follows that the evidence

presented by the private prosecutor at said

hearing could not be considered as evidence

for the plaintiff [People vs. Beriales, 70 SCRA

361].

5. Sufficiency of Complaint or Information

1) Complaint defined

Definition: A sworn written statement charging a

person with an offense, subscribed by the

offended party, any peace officer or other publicofficer charged with the enforcement of the law

violated. [Rule 110, Sec. 3]

Persons authorized to file the complaint:

o offended party

o any peace officer

o other public officer charged with the

enforcement of the law violated.

Complaint refers to private crimes.

7/31/2019 03 crimpro

9/73


Criminal cases under the Revised Rules on

Summary Procedure shall be either by complaint

or by information; provided that in MM and in

chartered cities the criminal action may only be

commenced by the filing of information (which

means by the prosecutor), except when the

offense cannot be prosecuted de oficio.

The complaint must be under oath. But lack

of oath is not a formal defect and will not

invalidate a judgment.

2) Information defined

Definition: An accusation in writing, charging a

person with an offense, subscribed by the

prosecutor and filed with the court. [Rule 110,

Sec. 4]

It is filed by the prosecutor and need not be

under oath. But it must be signed and subscribed

by the fiscal/prosecutor.

What the prosecutor signs under oath is thecertification that he has conducted the required

preliminary investigation (PI). Lack of certification

does not invalidate judgment. [People v. Bulaong

(1981)]

Information is valid when signed by prosecutor

who has authority to conduct PI of the offense

committed within his jurisdiction.

Information refers to public crimes.

The "complaint" referred to in Rule 110

contemplates one filed in court, not with the

fiscal. In that case, the proceeding must be

started by the aggrieved party himself.

As a general rule, a criminal action is

commenced by complaint or information, both of

which are filed in court. In case of a complaint, it

must be filed by the offended party; with respect

to an information, it is the fiscal who files it.

But a "complaint" filed with the fiscal prior to a

judicial action may be filed by any competent

person. [Ebarle v. Sucaldito (1987)]

3) Form & Substance

Sufficiency of complaint or information

A complaint or information is sufficient if it states the

name of the accused; the designation of the offense

given by the statute; the acts or omissions complained

of as constituting the offense; the name of the

offended party; the approximate date of the

commission of the offense; and the place where the

offense was committed. [Rule 110, Sec. 6]

Name of the accused

It must include the name and surname of the

accused, as well as any appellation or nickname

by which he has been or is known.

If the name cannot be ascertained, he must

be described under a fictitious name with a

statement that his true name is unknown. His true

name will be inserted if eventually disclosed or

appears in some manner to the court. [Rule 110,

Sec. 7]

If there are more than 1 accused, name all of

them. [Rule 110, Sec. 6]

Place of commission of offense

General rule: It is sufficient if it can be

understood that the offense (or some of its

essential ingredients) was committed within

jurisdiction of the court.

Exception: If the particular place where it was

committed:

o Constitutes an essential element of the

offenses charged;

o Is necessary for its identification.

Time of commission of the offense

General rule: The precise date is not

necessary.

Exception: When the date is a material

ingredient of the offense.

The determinative factor in the resolution of

the question involving a variance betweenallegation and proof in respect of the date of the

crime is the element of surprise on the part of the

accused and his inability to defend himself

properly.

o Need not be exact

As long as the alleged date is not so

remote or far removed from the actual

date so as to surprise and prejudice the

accused, then the information is valid.

o When date is so remote: defective

The allegation in the information of on

or about the year 1992 is defective as it

violates Rule 110, Sec. 11 and the

accuseds right to be informed of the

nature and cause of the accusation

against him, because the phrase not

only includes 12 months of the year

1992 but also years prior and

subsequent to 1992.

o Remedy in case of defect in averment

of time

17

4

7/31/2019 03 crimpro

10/73


The remedy against an indictment that

fails to allege the time of commission of

the offense with sufficient definiteness is

a motion for a bill of particulars under

Rule 116, Sec. 6.

The accused may also file a MTQ on the

ground that allegations are so vague

and the time of commission of the

offense so remote that he is denied due

process and the right to be informed of

the accusation against him. But defect in

the date is not a ground for MTQ under

Rule 116.

Name of the offended party [Rule 110, Sec. 12]

If an offense against person: Name and surname;

nickname/appellation; fictitious name, if real

name is unknown.

If an offense against property:

o If name is unknown, particularlydescribe the property to identify the offense;

o If the name is later known, insert it;

o If a juridical person, name or known

name; without need to aver that it is juridical.

Where the name of the injured party is

necessary as matter of essential description of

the crime charged, the complaint must invest

such person with individuality by either naming

him or alleging that his name is unknown.

It is elementary that in crimes against

property, ownership must be alleged as matter

essential to the proper description of the offense.

[US v. Lahoylahoy (1918)]

6. Designation of Offense

Aver the acts and omissions constituting the

offense.

Specify the qualifying and aggravating

circumstances.[Rule 110, Sec. 8]

This is a procedural requirement to

safeguard the right of the accused to be informed

of the nature and cause of the accusation against

him. Information is legally viable as long as itdistinctly states the statutory designation of the

offense and the acts or omissions thereof.

In case of a conflict between the designation

of the crime and the recital of facts constituting

the offense, the latter prevails over the former.

7. Cause of the Accusation

Purpose

To enable a person of common understanding to

know what offense is intended to be charged;

To enable the court to pronounce proper

judgment.

Allegations required to safeguard right to be

informed

Allegations must be in ordinary or concise

language, sufficient to enable a person of

common understanding to know what offense is

being charged.

This must be done both for the offense charged

and the circumstances involved in its

commission. [Rule 110, Sec. 9]

The prosecutors characterization of the crime is

immaterial and purposeless. The facts stated in

the body of the complaint/information determine

the crime of which the accused stands charged

and for which he must be tried.

Qualifying and aggravating circumstances must

be alleged

Under the 2000 Rules of Criminal Procedure [Rule

110, Sec. 8], aggravating circumstances must be

specified in the information, otherwise they are not to

be considered even if proven during the trial.

What to allege

a) Where law prescribes exceptions

General rule: Where the law alleged to have

been violated prohibits generally acts thereindefined and is intended to apply to all persons

indiscriminately, but prescribes certain

limitations/exceptions from its violation, the

indictment/information is sufficient if it alleges

facts which the offender did as constituting a

violation of law, without explicitly negating the

exception, as the exception is a matter of

defense which the accused has to prove.

Exception: Where the statute alleged to have

been violated applies only to specific classes of

persons and special conditions and the

exemptions from its violation are so incorporated

in the language defining the crime that the

ingredients of the offense cannot be accurately

and clearly set forth if the exemption is omitted,

then the indictment must show that the accused

does not fall within the exemptions.

b) Where exceptions form as ingredients of

offense

If the exception is needed for defining the offense,

175

7/31/2019 03 crimpro

11/73


then the information should negate the exception. [US

v. Chan Toco (1908)]

c) Where complex crime is charged

Where what is alleged in the information is a complex

crime and the evidence fails to support the charge as

to one of the component offenses, the defendant can

only be convicted of the offense proven.

8. Duplicity of the Offense; Exception

Duplicity of offenses[Rule 110, Sec. 13]

General rule

The information must charge only one offense.

Exception

When the law prescribes a single punishment for

various offenses

PurposeTo give the accused the necessary knowledge of the

charge to enable him to prepare his defense. Hence,

when an information charges more than one offense,

the accused may file a MTQ on the ground of duplicity

of offenses.

Several modes of committing offense not

duplicitous

In case of crimes susceptible of being

committed in various modes, the allegations in

the information of the various ways of committing

the offense would be regarded as a description of

only one offense and information is not rendered

defective.

Exception

o Complex crimes

o Special complex crimes

o Continuous crimes

o Crimes susceptible of being committed

in various modes

o Crimes which another offense is an

ingredient [People v. Camerino (1960)]


information[Rule 110, Sec. 14] (2001 Bar)

Amendments in form and substance before plea

General rule

It must be made before the accused enters his plea.

Exception

If the amendment downgrades the nature of the

offense charged in, or excludes any accused from, the

complaint/information, it can be made only upon

motion of the prosecutor, with notice to the offended

party and with leave of court.

Substantial amendments after plea proscribed

Unlike formal amendments, substantial

amendments cannot be introduced after plea.

[People v. Zulueta (1951)]

Substantial matter in a complaint is the

recital of facts constituting the offense charged

and determinative of the jurisdiction of the court.

All other matters are merely of form. [Almeda v.

Villaluz (1975)]

Formal amendments after plea

It may be made after plea and during

trial; but it should not cause prejudice to the rights

of the accused.

The test as to WON a defendant is

prejudiced by the amendment of information is

o WON a defense under the information

as it originally stood would be available after

the amendment is made, and

o WON any evidence defendant might

have would be equally applicable to the

information in the one form as in the other.

[People v. Casey (1981)]

AMENDMENT SUBSTITUTION

Formal or Substantial

changes

Substantial change form

original

Can be effected without

leave of court

Must be with leave of

court

Only as to form, there is

no need for another PI

and retaking of plea

Another PI is entailed

and accused has to

plead anew

Amended information

refers to the same

offense charged in the

original information or

to an offense which is

included in the original

charge; can invoke

double jeopardy

Involves a different

offense which does not

include those provided

in the original charge;

cannot invoke double

jeopardy

10. Venue of criminal actions

Place where action is to be instituted

Venue of criminal actions shall be:

in the court of the municipality or territory

o where the offense was committed; or

7/31/2019 03 crimpro

12/73


o where any of its essential ingredients

occurred. [Rule 110, Sec. 15(a)]

How venue or jurisdiction determined

Venue in criminal cases is jurisdictional, being an

essential element of jurisdiction.

One cannot be held to answer for any crime

committed by him except in the jurisdiction where

it was committed or where an essential ingredient

thereof took place. The place where the accused

was arrested is of no moment. [People v.

Enriquez]

Where crime is continuing

A person charged with a transitory crime may be

validly tried in any municipality or province where the

offense was in part committed. [People v. Gorospe

(1984)]

Libel cases Action to be instituted and filed in the court of the

province or city where the libelous article is

printed and first published.

If a private individual, action may also be filed in

the province where he actually resides at the time

of the commission of the offense. If a public

officer, action may be filed in the court of the

province or city where he held officeat the time

of the commission of the offense. [Art 360, RPC]

Offense committed on railroad

Action to be instituted and filed in the court of any

municipality or territory where said train, aircraft

or vehicle passed thru, including place of

departure or arrival. [Rule 110, Sec. 15(b)]

Rule applies only when the crime was committed

in the COURSE of the trip.

Offense committed on a vessel

Action may be instituted and tried in the court of the

first port of entry or any municipality or territory where

the vessel passed during such voyage, subject to

generally accepted principles of international law.[Rule 110, Sec. 15(c)]

Offense committed outside the Philippines

Cognizable by the court where the criminal action is

first filed [Rule 110, Sec. 15(d)]

11. Intervention of offended party [Rule 110, Sec.

16]

General rule

An offended party has the right to intervene in the

prosecution of a crime.

Exception

1) Where, from the nature of the crime and the law

defining and punishing it, no civil liability arises in

favor of a private offended party.

2) Where, from the nature of the offense, the private

offended party is entitled to civil indemnity arising

therefrom but he has waived the same or has

expressly reserved his right to institute a

separate civil action or he has already instituted

such action.

3) Offended party has already instituted action

Any move on the part of the complainant or

offended party to dismiss the criminal case, even

if without objection of the accused, should first be

referred to the prosecuting fiscal for his own viewon the matter. He controls the prosecution of the

case and may have reasons why the case should

not be dismissed. [Republic v. Sunga (1988)]

When private prosecutor is allowed to intervene:

[A.M. No. 02-2-07-SC]

o All criminal actions either commenced

by complaint or by information shall be

prosecuted under the direction and

control of a public prosecutor.

o In case of heavy work schedule of the

public prosecutor or in the event of lack

of public prosecutors, the private

prosecutor may be authorized in writing

by the Chief of the Prosecution Office or

the Regional State Prosecutor to

prosecute the case subject to the

approval of the court.

C. PROSECUTION OF CIVIL ACTION


criminal action

2. When civil action may proceed independently

3. When separate civil action is suspended

4. Effect of the death of accused or convict on

civil action

5. Prejudicial Question

6. Rule on Filing Fees in civil action deemed

instituted with the criminal action

7/31/2019 03 crimpro

13/73



criminal action

How instituted

General rule: When a criminal action is

instituted, the civil action for the recovery of

damages is deemed instituted with the criminal

action. [Rule 111, Sec. 1]

Exception: If the offended party:

o Waives the civil action;

o Institutes the civil action prior to the criminal

action.

o Reserves the right to institute it separately;

Exception to this exception

o Claims arising out of a dishonored

check under BP 22 where no reservation to

file such civil action separately shall be

allowed. (2001 Bar)

o Claims arising from an offensewhich is cognizable by the Sandiganbayan.

[Sec. 4, PD 1606, as amended by RA 8249]

An offended party loses his right to intervene in

the prosecution of a criminal case, not only when

he has waived the civil action or expressly

reserved his right to institute it, but also when he

has actually instituted the civil action. For by

either of such actions his interest in the criminal

case has disappeared. [Garcia v. Florido (1973)]

Only civil liability arising from the crime chargedas a felony is deemed instituted with the criminal

action.

Does not include civil liability that the offended

party waives, reserves or those instituted prior to

the criminal action.

2. When civil action may proceed independently

The reservation of the right to institute separately

the civil action shall be made before the

prosecution starts presenting its evidence and

under circumstances affording the offended party

a reasonable opportunity to make such

reservation.

Procedure for making the reservation:

o Filing a manifestation in the criminal

case that the offended party is reserving

his right to file a separate civil action;

o Filing the separate civil action and

informing the court trying the criminal

case that the offended party has filed a

separate civil action.

The rule requiring reservation does not apply to

Art. 32-34 and 2176, CC. These civil actions can

be filed and prosecuted independently of the

criminal action.

No counterclaim, cross-claim or 3rd-party

complaint may be filed by the accused in the

criminal case, but any cause of action which

could have been the subject thereof may be

litigated in a separate civil action. [Rule 111, Sec.

1]

3. When separate civil action is suspended

The civil action which should be suspended after

the institution of the criminal action is that arising

from delict or crime.

Civil actions mentioned in Sec. 3 Rule 111 under

Arts. 32-34 and 2176 of the Civil Code are

exempted from the rule that after a criminal

action has been commenced, the civil action

which has been reserved cannot be instituteduntil final judgment has been rendered in the

criminal action.

4. Effect of the death of accused or convict on

civil action[Rule 111, Sec. 4]

If death is before arraignment Dismissal of case

without prejudice to filing of civil action against

estate of the deceased.

If death is after arraignment and during pendency

of criminal action Extinguishes civil liability.

Exception: if civil liability is predicated on other

sources of obligations, as with independent civil

actions, recovery may still be made against the

estate of the deceased or legal representative

after proper substitution.

o If death is while appeal is pending

extinguishes criminal liability and civil liability

based thereon.

5. Prejudicial Question(1999 Bar)

Elements of prejudicial question

General Rule: a prejudicial question isthat which arises in a case the resolution of

which is a logical antecedent of the issue

involved therein, and the cognizance of which

pertains to another tribunal.

The prejudicial question must be

determinative of the case before the court but the

jurisdiction to try and resolve the question must

be lodged in another court or tribunal.

7/31/2019 03 crimpro

14/73


It is a question based on a fact distinct

and separate from the crime but so intimately

connected with it that it determines the guilt or

innocence of the accused. [Ras v. Rasul (1980)]

Effect

General rule: Where both a civil and a

criminal case arising from the same facts are filed

in court, the criminal case takes precedence.

Exception: If there exists a prejudicial

question which should be resolved first before an

action could be taken in the criminal case.

Requisites [Rule 111, Sec. 7]

1. Previously initiated civil action involves an

issue similar or intimately related to the issue

raised in the subsequent criminal action;

2. The resolution of such issue determines

WON the criminal action may proceed.

Where to file petition

Office of the prosecutor;

Court conducting the PI.

6. Rule on Filing Fees in civil action deemed

instituted with the criminal action

Filing fees of civil action deemed instituted in

criminal action

General Rule: the actual damages claimed or

recovered by the offended party are not included

in the computation of the filing fees. [Rule 111,

Sec. 1]

When the amount of damages, other than actual,

is specified in the complaint or information filed in

court, then the corresponding filing fees shall be

paid by the offended party upon the filing thereof

in court for trial; and

In any other casei.e., when the amount of

damages is not so alleged in the complaint or

information filed in court, the corresponding filing

fees need not be paid and shall simply constitute

a first lien on the judgment, except on an awardfor actual damages. [General v. Claravall (1991)]

Except: in criminal actions for violation of BP22,

the amount of the check involved shall be

considered as the actual damages for which no

separate civil action is allowed.

D. PRELIMINARY INVESTIGATION

1. Nature of right

2. Purposes of preliminary investigation

3. Who may conduct determination of existence

of probable cause

4. Resolution of investigation prosecutor

5. Review

6. When warrant of arrest may issue

7. Cases not requiring a preliminary

investigation

8. Remedies of accused if there was no

preliminary investigation

9. Inquest

1. Nature of right

Preliminary investigation, defined

It is an inquiry or proceeding to determine

whether there is sufficient ground to engender a

well-founded belief that a crime has been

committed and the respondent is probably guilty

thereof, and should be held for trial. [Rule 112,

Sec. 1]

The conduct of a PI is the initial step towards

the criminal prosecution of a person.

Nature of the Right to PI

It is a statutory right in those instances where it is

required, and to withhold it would violate the

constitutional right to due process. [People v.Oandasa (1968)]

It is part of the guarantees of freedom and fair

play. [La Chemise Lacoste, S.A. v. Fernandez

(1984)]

The right to have a PI conducted before being

bound over to trial for a criminal offense and

hence formally at risk of incarceration or some

other penalty is not a mere formal or technical

right but a substantial right

Right to Preliminary Investigation

The right to preliminary investigation is a

personal right which the accused may waive

either expressly or by implication.

When the accused waives his right to preliminary

investigation, the fiscal may forthwith file the

corresponding information with the proper court.

[People v. Perez (1960)]

The right is deemed waived by:

1. the failure to claim it before the accused

pleaded [People v. Magpale (1940)]

178

7/31/2019 03 crimpro

15/73


2. silence of the accused [People v.

Mijares (1951)]

3. failure to request it within 5 days from

time he learns of the filing of the

complaint/information

4. when accused already posted bond for

his release and subsequently went to

trial without claiming his right to PI

[People v. Selfaison (1961)]

5. a fortiori absence of the accused [Rule

112, Sec. 3(d); de Guzman v. People

and Sandiganbayan (1982)]

An application for or admission to bail shall not

bar the accused from assailing the regularity or

questioning the absence of a preliminary

investigation of the charge against him provided

that he raises the challenge before entering his

plea [Rule 114, sec. 26].

2. Purposes of preliminary investigation To determine whether or not a crime has been

committed and whether or not there is probable

cause to believe that the accused is guilty. [Raro

v. SB (2000)]

To protect the accused from the inconvenience,

expense and burden of defending himself in a

formal trial

To secure the innocent against hasty, malicious

and oppressive prosecution, and to protect him

from an open and public accusation of a crime,

from the trouble, expense, anxiety of a public

trial, and also protect the state from useless and

expensive trials. [Tandoc v. Resultan (1989)]

Scope of PI

A PI is merely inquisitorial, and it is often the

only means of discovering the persons who may

reasonably be charged with a crime, to enable

the prosecutor to prepare his complaint or

information. It is not a trial of the case on the

merits and does not place the persons against

whom it is taken in jeopardy.

It is not the occasion for the full and exhaustivedisplay of the parties evidence, it is for the

presentation of such evidence as may engender

a well-grounded belief that an offense has been

committed and that the accused is probably guilty

thereof. [Raro v. Sandiganbayan, et al. (2000)]

A PI takes on an adversarial quality, because a

previous inquiry of some kind, before an accused

person is placed on trial. [Raro v. SB, et al.

(2000)]

3. Who may conduct determination of existence

of probable cause

Generally [Rule 112, Sec. 2 as amended by

A.M. No. 05-8-26-SC]

1. Provincial/city prosecutors and their

assistants;

2. National and regional state prosecutors;

3. Other officers as may be authorized by law.

COMELEC, when vested

COMELEC may conduct investigation as regards

election offenses. [Art. 9-C, Sec. 2(6), Consti; Sec.

265, Omnibus Election Code]

Ombudsman

o The Ombudsman and his

Deputies, as protectors of the people, shall

act promptly on complaints filed in any formor manner against public off icials or

employees of the Government, or any

subdivision, agency or instrumentality

thereof, including GOCCs and shall, in

appropriate cases, notify the complainants of

the action taken and the result thereof. [Art.

11, Sec. 12, Consti]

o The Ombudsman is

authorized to conduct preliminary

investigation and to prosecute all criminal

cases involving public off icers and

employees, not only those within the

jurisdiction of the Sandiganbayan, but also

those within the jurisdiction of regular courts

as well.

o If the offense comes within

the jurisdiction of regular courts, the

Ombudsman may endorse the same to, and

deputize the provincial/ city prosecutor who

has jurisdiction over the case for proper

preliminary investigation.

o If the offense is cognizable

by the Sandiganbayan, the preliminaryinvestigation has to be conducted pursuant

to Rule 11 of the Rules of Procedure of the

Office of the Ombudsman requiring that the

complaint must be under oath.

Note: RTC judges have NO power to conduct PI; and

MTC judges cannot conduct PI anymore after A.M.

No. 05-8-26-SC eliminated judges of the MTC and

7/31/2019 03 crimpro

16/73


MCTC from those authorized to conduct a PI effective

October 3, 2005.

Procedure

1. Filing of the complaint [Rule 112, Sec. 3(a)]

The complaint must state the respondents

address. It must include the affidavits of

complainant and the witnesses, and other

documents to establish probable cause.

It must be in 2 copies, and subscribed and

sworn to before a prosecutor or government

official authorized to administer oath or notary

public.

2. Action of the investigating officer [Rule 112,

Sec. 3(b)]

Investigating officer must act within 10 days

after the filing of the complaint. He will either:

Dismiss - If he finds no ground to continue

investigation; Issue a subpoena to the respondent,

attaching the complaint and other documents.

o If subpoena is not possible, the

investigating officer shall decide based on

what complainant presented.

Respondent has the right to examine the

evidence submitted by complainant, and copy

evidence at his expense.

3. Defendants counter-affidavit

Must be made within 10 days from receipt of

complaint, and must comply with the same

requirements as a complaint. [Rule 112, Sec.

3(c)]

If not made within 10 days, the investigating

officer shall resolve the complaint based on the

evidence presented by the complainant [Rule

112, Sec. 3(d)]

4. Hearing [Rule 112, Sec. 3(e)]

The investigator must conduct a hearing

within 10 days from receipt of the counter-

affidavit. The hearing must be finished in 5 days. Hearing is conducted only if there are such

facts and issues to be clarified from a party or a

witness.

Parties may be present evidence, but they

have no right to examine or cross-examine.

Questions of parties shall be submitted to the

investigating officer.

Within 10 days, the officer shall determine

WON there is sufficient ground to hold

respondent for trial.

4. Resolution of investigation prosecutor [Rule

112, Sec. 4]

If the investigating officer finds no probable

cause, he will dismiss the case. Otherwise, he

will prepare an information and resolution.

He certifies in the information that he is an

authorized officer; that he personally examined

the complainant and witnesses; that there is

reasonable ground to believe that a crime has

been committed and that the accused is probably

guilty thereof; that the accused was informed of

the complaint and of the evidence submitted

against him; and that he was given an

opportunity to submit controverting evidence.

5. Review[Rule 112, Sec. 4] Within 5 days from resolution, the

investigating officer will forward the case to the

prosecutor or the ombudsman.

Within 10 days from receipt of the resolution,

the prosecutor/ombudsman will act on the case.

The prosecutor/ombudsman has to

authorize/approve the filing of an information by

the investigating officer.

In case of dismissal by investigating officer,

the prosecutor/ombudsman, if he disagrees, may

file the information himself or any deputy or order

any prosecutor to do so without conducting a

new PI.

The DOJ Secretary may file the information

or dismiss the information filed by the prosecutor.

6. When warrant of arrest may issue

If the judge finds probable cause, he shall

issue a warrant of arrest, or a commitment order

if the accused has already been arrested, and

hold him for trial.

Judges of RTC and inferior courts need not

personally examine the complainant and hiswitnesses in the determination of PC. But he

must personally evaluate the prosecutors report

and other sufficient supporting evidence, and on

the basis thereof either dismiss the case, issue a

warrant, or require further affidavits.

Warrant that is simply based on report and

recommendation of prosecution invalid; judge

must make an independent judgment of whether

or not there is probable cause. This is because

7/31/2019 03 crimpro

17/73


the probable cause for the prosecutor and judge

are different:

o PC for

PROSECUTOR:

whether or not there

is reasonable ground

to believe that the

accused is guilty of

the offense charged

and should be held

for trial for which

information is to be

filed.

o PC for JUDGE:

whether or not a

warrant of arrest

should be issued so

that the accused may

be held in custody in

order not to frustratethe ends of justice.

Judge may dismiss the case if the evidence

on record clearly fails to establish a probable

cause

Judge may order the prosecutor to present

evidence within 5 days from notice and the issue

may be resolved by the court within 30 days from

filing of complaint/information.

7. Cases not requiring a preliminary investigation

Cases not requiring a preliminary investigation

Nor Covered by Rule on Summary Procedure

[Rule 112, Sec. 8]

For cases punishable by imprisonment of

less than 4 years, 2 months and 1 day, filed with

the prosecutor or MTC/MCTC,

Within 10 days after the fi ling of the

complaint/information, if the judge finds no PC

after personally evaluating the evidence or after

personally examining in writing and under oath

the complainant and his witnesses in the form of

searching questions and answers, he shalldismiss the same.

However, the judge may require the

submission of additional evidence within 10 days

from notice, to determine further the existence of

PC.

If the judge still finds no PC despite the

additional evidence, he shall dismiss the case

within 10 days from its submission or expiration

of said period.

If the judge finds PC, he shall issue a

warrant of arrest or a commitment order (if the

accused had already been arrested) and hold

him for trial.

However, if the judge is satisfied that there is

no need to place the accused under custody, he

may issue summons instead.

8. Remedies of accused if there was no

preliminary investigation

Effect of denial of right to PI

While PI is a statutory and substantive right and a

component part of due process, the absence of

PI (1) does not impair the validity of the

information or otherwise render it defective; (2)

neither does it affect the jurisdiction of the court

(3) nor constitute a ground for quashing the

information.

The trial court, instead of dismissing theinformation, should hold in abeyance the

proceedings and order the public prosecutor to

conduct a PI. [Villaflor vs. Vivar, 349 SCRA 194]

9. Inquest

General rule

PI is required to be conducted before a complaint/

information is filed for an offense where the penalty

prescribed by law is at least 4 years, 2 months and 1

day, without regard to the fine. [Rule 112, Sec. 1]

Exception

When a person is lawfully arrested without a

warrant involving an offense that requires a PI, a

complaint/information may be filed without

conducting the PI if the necessary inquest is

conducted.

o INQUEST a summary inquiry

conducted by the prosecutor for the purpose

of determining whether the warrantless

arrest of a person is based on probable

cause

In the absence or unavailability of an inquest

prosecutor, the complaint may be filed by the

offended party or by a peace officer directly with

the proper court on the basis of the affidavit of

the offended party or arresting officer or person.

However, before the complaint or information

is filed, the person arrested may ask for a PI, but

he must sign a waiver of the provisions of Art.

125, RPC in the presence of his counsel.

7/31/2019 03 crimpro

18/73


Notwithstanding the waiver, he may apply for bail

and the investigation must be terminated within

15 days from its inception.

After the filing of the complaint/ information

in court without a PI, the accused may within 5

days from the time he learns of its filing, ask for a

PI with the same right to adduce evidence in his

defense as provided in Rule 112. [Rule 112, Sec.

6]

E. ARREST

1. Arrest, how made

2. Arrest without warrant, when lawful

3. Method of arrest

4. Requisites of a valid warrant of arrest

5. Determination of Probable Cause for

issuance of warrant of arrest

6. Distinguish probable cause of fiscal from that

of a judge

ARREST Taking of a person into custody in

order that he may be bound to answer for the

commission of an offense. [Rule 113, Sec. 1]

Ordinarily, an invitation to attend a hearing and

answer some questions, which the person invited

may heed or refuse at his pleasure, is not illegal

or constitutionally objectionable.

However, where the invitation comes from a

powerful group composed predominantly of

ranking military officers issued at a time when the

country has just emerged from martial rule and

when the suspension of the privilege of the writ of

habeas corpus has not entirely been lifted, and

the designated interrogation site is a military

camp, the same can be easily taken, not as a

strictly voluntary invitation which it purports to be,

but as an authoritative command which one can

only defy at his peril. Although in the guise of arequest, it was obviously a command or an order

of arrest that a person could hardly be expected

to defy. [(Sanchez v. Demetriou (1993)]

Immunity from arrest

o Parliamentary Immunity - Senators

and Members of the House of

Representatives, while Congress is in

session and for offenses punishable by

not more than 6 years imprisonment.

[Art. 6, Sec. 11, Consti]

o Diplomatic Immunity - Ambassadors

and ministers of foreign countries. [RA

75]

1. Arrest, how made

Constitutional requirements on arrest

The right of the people to be secure in their

persons, houses, papers, and effects against

unreasonable searches and seizures of whatever

nature and for any purpose shall be inviolable, and

no search warrant or warrant of arrest shall issue

except upon probable cause to be determined

personally by the judge after examination under oath

or affirmation of the complainant and the witnesses he

may produce, and particularly describing the place to

be searched and the persons or things to be seized.

[Art. 3, Sec. 2, Consti]

Arrest with warrant (2008 Bar)

How arrest is made

o No violence or unnecessary force shall

be used in making an arrest. Person arrested

shall not be subject to a greater restraint than

necessary. [Rule 113, Sec. 2, par. 2]

o Application of actual force, manual

touching of the body, physical restraint or a

formal declaration of arrest is not required.

o It is enough that there be an intent on

the part of one of the parties to arrest the

other and an intent on the part of the other to

submit, under the belief and impression that

submission is necessary. [Sanchez v.

Demetriou (1993)]

Time to make arrest

Arrest may be made on any day and at any time of the

day or night [Rule 113, Sec. 6]

2. Arrest without warrant, when lawful(1997, 2000,

2003, 2004 Bar)

IN FLAGRANTE DELICTO Literally, caught in

the act of committing a crime. When the person

to be arrested has committed, is actually

committing or is attempting to commit an offense

in the presence of the peace officer or private

person who arrested him. [Rule 113, Sec. 5(a)]

o In his presence means: [People v.

Evaristo (1992)]

181

7/31/2019 03 crimpro

19/73


He sees the offense, even though at a

distance;

He hears the disturbances created by

the offense and proceeds at once to the

scene;

Offense is continuing or has been

consummated at the time arrest is

made.

o Entrapment

An arrest made after an entrapment

does not require a warrant inasmuch as

it is considered a valid warrantless

arrest pursuant to Rule 113, Sec. 5(a) of

the Rules of Court. [Teodicio v Court of

Appeals (2004)]

o Buy-bust operation

When the appellant is caught in

flagrante as a result of the buy-bust

operation, the policemen are not only

authorized but are also under obligationto apprehend the drug pusher even

without a warrant of arrest. [People v de

Lara (1994)]

HOT PURSUIT ARREST - When an offense has

just been committed and the officer or private

person has probable cause to believe, based on

personal knowledge of facts or circumstances,

that the person to be arrested has committed it

[Rule 113, Sec. 5(b)]

o Officer/private person must have

personal knowledge of offense just

committed

Personal knowledge must be based

on probable cause which means an

actual belief or reasonable grounds of

suspicion.

The grounds of suspicion are

reasonable when, in the absence of

actual belief of the arresting officer, the

suspicion that the person to be arrested

is probably guilty of committing the

offense is based on actual facts, i.e.,

supported by circumstances sufficiently

strong in themselves to create the

probable cause of guilt of the person to

be arrested.

A reasonable suspicion therefore

must be founded on probable cause,

coupled with good faith on the part of

the peace officers making the arrest..

[Posadas v. Ombudsman (2000)]

o Meaning of offense has in fact just been

committed: implies immediacy in point

of time

ARREST OF ESCAPED PRISONER

o When the person to be arrested is a

prisoner who has escaped: [Rule 113,

Sec. 5(c)]

From a penal establishment or place

where he is:

Serving final judgment;

Temporarily confined while his case

is pending.

While being transferred from one

confinement to another.

o Escapee may be immediately pursued

or re-arrested without a warrant at any

time and in any place within the

Philippines. [Rule 113, Sec. 13]

o Rationale: At the time of arrest, theescapee is in continuous commission of

a crime (i.e. evasion of service of

sentence).

3. Method of arrest

a. by officer with warrant

Duties of the arresting officer

Execution of warrant (section 4, Rule 113)

The head of the office to whom the warrant of arrest

was delivered shall cause the warrant to be executed

within ten (10) days from its receipt

To make a report to the judge who issued the

warrant within 10 days after expiration of the

period to execute.

In case of his failure to execute, he shall state the

reasons therefore

To arrest the accused and deliver him to the

nearest police station or jail without unnecessary

delay. [Rule 113, Sec. 3]

Rights of the arresting officer

To summon assistance. [Rule 113, Sec. 10]

He may orally summon as many persons as he

deems necessary to assist him in effecting the arrest.

Persons summoned shall assist in effecting the arrest

when he can do so without detriment to himself.

7/31/2019 03 crimpro

20/73


To break into any building/enclosure where

the person to be arrested is or is reasonably

believed to be. [Rule 113, Sec. 11]

If he is refused admittance after announcing his

authority and purpose.

Also applicable where there is a valid arrest without a

warrant.

Rationale: Person to be arrested cannot use his

house/ building/ enclosure as a shelter for crime. The

inviolability of domicile cannot be used to shield

arrest.

To break out from the building/enclosure

when necessary to liberate himself. [Rule 113,

Sec. 12]

Also applicable where there is a valid arrest without a

warrant.

To search the person arrested for dangerous

weapons or anything which may have been used

or constitute proof in the commission of an

offense. [Rule 126, Sec. 13]

Without need of a search warrant if it is incidental to a

lawful arrest.

b. by officer without warrant

Duties of arresting officer without warrant

The officer shall inform the person to be

arrested of his authority and the cause of the

arrest. [Rule 113, Sec. 8]

Exceptions:

o The person to be arrested is

engaged in the commission of the offense;

o He is pursued immediately

after its commission;

o He escapes, flees or forcibly

resists before the officer has the opportunity

to so inform him;

o Giving such information will

imperil the arrest.

c. by private person

Duties of private person effecting an arrest

The private person shall inform the person to

be arrested of the intention to arrest him and the

cause of the arrest. [Rule 113, Sec. 9]

Exceptions: same as those for arrest by an

officer

The private person must deliver the arrested

person to the nearest police station or jail, and he

shall be proceeded against in accordance with

Rule 112, Sec. 7.

Otherwise, the private person may be held

liable for illegal detention.

4. Requisites of a valid warrant of arrest

Issuance

Essential Requisites of a Valid Arrest

Warrant[Art. 3, Sec. 2, Consti]

o It must be issued upon

probable cause which must be determined

personally by a judge after examination

under oath or affirmation of the complainant

and the witnesses he may produce.

o The warrant must particularly

describe the person to be seized.

Instances When Judge Issues Warrant of Arrest

Upon the filing of the information by the

public prosecutor and after personal evaluation

by the judge of the prosecutors resolutionand

supporting evidence. [Rule 112, Sec. 6(a)]

o The judge does not have to

personally examine the complainant and his

witnesses. The prosecutor can perform the

same functions. [Soliven v. Makasiar (1988)]

o Bare certification by the fiscal

is not enough. It should be supported by a

report and necessary documents. [Lim v.

Felix (1991)]

o Examples of Evidence To Be

Examined: complaint, affidavits and

counter-affidavits.

Upon application of a peace officer and

after personal examination by the judge of the

applicant and the witnesses he may produce.

[Rule 112, Sec. 6(b)]

o Rationale: There is yet no

evidence on record upon which judge may

determine the existence of PC.

o Conditions:

The investigating judge must have

examined in writing and under oath the

complainant and his witnesses by

searching questions and answers.

He must be satisfied that PC exists;

There is a need to place the respondent

under immediate custody in order not to

7/31/2019 03 crimpro

21/73


frustrate the ends of justice. [Samulde v.

Salvani (1988)]

A warrant of arrest has no expiry date.

It is only subject to the requirements found in

Section 4, Rule 113.

5. Determination of Probable Cause for issuance

of warrant of arrest

Probable cause test

The probable cause test is an objective one, for in

order that there be probable cause, the facts and

circumstances must be such as would warrant a belief

by a reasonable prudent man that the accused is

guilty of the crime which has just been committed

[People vs. Allado (1994)]

6. Distinguish probable cause of fiscal from that

of a judge

Rule: The law requires personal determination on the

part of the judge. The judge may rely on the report of

the investigating prosecutor provided he also

evaluates the documentary evidence in support

thereof. Hence, the fiscals finding of probable cause

is not conclusive upon the judge as to his

determination of whether or not there is indeed

probable cause. [AAA vs. Carbonell (2007)]

F. BAIL

1. Nature

2. When a matter of right; exceptions

3. When a matter of discretion


offenses

5. Guidelines in fixing amount of bail

6. Bail when not required

7. Increase or Reduction of Bail

8. Forfeiture and Cancellation of bail

9. Application not a bar to objections in illegal

arrest, lack of or irregular preliminary

investigation

10. Hold Departure Order & Bureau of

Immigration Watchlist

1. Nature

Definition

Bail is the security given for the release of a person in

custody of the law, furnished by him or a bondsman,

to guarantee his appearance before any court as

required under conditions hereinafter specified. [Rule

114, Sec. 1]

Note: This does not refer to the bondsman or surety

who furnishes the bail.

Purpose

1. To honor the presumption of innocence until

his guilt is proven beyond reasonable doubt [Art.

III, Sec. 14, Consti; Paderanga vs CA (1995)].

2. To implement his right to bail as provided for

by the Constitution [Art III, Sec. 13, Consti].

3. To allow the accused unhampered

preparation of his defense and prevent infliction

of punishment prior to conviction.

Note:

The purpose of bail only accrues when a

person is arrested or deprived of his liberty. It is

incongruous to grant bail to one who is free.

Hence, only those who have either been

arrested, detained or otherwise deprived of their

liberty can invoke his right under the Constitution.

From the moment he is placed under arrest,

detention or restrain by officers of the law, he can

claim his constitutional right [Feliciano vs

Pasicolan (1965)].

Upon assumption of the obligation of bail,

the sureties become in law the jailers of their

principal.

It shall not constitute as a waiver of his right

to challenge the legality of his arrest or the

absence of PI [Rule 114, Sec. 26].

Prosecution witnesses may also be required

to post bail to ensure their appearance at the trial

of the case where:

1. There is substitution of information [Rule

110, Sec. 4].

2. Where the court believes that a materialwitness may not appear at the trial [Rule

119, Sec. 14].

2. When a matter of right; exceptions

Admittance to Bail as a Matter of Right

When bail is a matter of right [Rule114, Sec. 4]

a. Before or after conviction by the MTC.

7/31/2019 03 crimpro

22/73


b. Before conviction by RTC of all offenses

punishable by penalty lower than reclusion

perpetua.

Note:

A formal complaint or information is not

required [Herras Teehankee vs Rovira (1945)].

The Court should not even allow a motion for

bail to be set for hearing unless it has acquired

jurisdiction over the person of the accused and

the case by its filing in court [Guillermo vs Judge

Reyes (1995)].

How is custody acquired?

1. By virtue of a warrant or a warrantless arrest.

2. Voluntary submission to the Courts

jurisdiction [Santiago vs Vasquez (1993)].

When right to bail not available

1. When evidence of guilt is strong in capitaloffenses or offenses punishable by reclusion

perpetua or life imprisonment.

Exception: When accused charged with

a capital offense is a minor, he is entitled to

bail regardless of whether the evidence of

guilt is strong.

Capital Offense: An offense which

under the law existing at the time of

commission and of the application for

admission to bail is punishable by death

[Rule 114, Sec. 6].

The capital nature of the offense is

determined by the penalty prescribed by law

and not the one actually imposed.

2. Bail in extradition proceedings

The right to bail is available only in

criminal proceedings. It does not apply to

extradition proceedings because extradition

courts do not render judgments of conviction

or acquittal. Bail is not a matter of right in

extradition cases. However, bail may be

applied for and granted as an exception, only

upon a clear and convincing evidence thatonce granted, the applicant will not be flight

risk or will not pose danger to the

community, and that there exists special

humanitarian and compelling circumstances

[Gov of USA vs Purganan & Jimenez

(2002)].

Note:

If the penalty imposed by the trial court is

imprisonment exceeding 6 yrs, the accused shall

be denied bail or his bail shall be cancelled upon

showing by the prosecution of the following:

1. Recidivism, quasi-recidivism, or habitual

delinquency or commission of a crime

aggravated by reiteration.

2. Previously escaped from legal confinement,

evaded sentence or violated bail conditions

without valid justification.

3. Commission of offense while under

probation, parole or conditional pardon.

4. Probability of flight.

5. Undue risk that he may commit another

crime during pendency of appeal.

Right to bail is not available in the military

[Comendador v. de Villa (1991)].

After a judgment of conviction has becomefinal

If he applied for probation before finality, he

may be allowed temporary liberty under his bail

[Rule 114, Sec. 24].

After the accused has commenced to serve

his sentence [Rule 114, Sec. 24]

Note: See Appendix 1 for summary on the Availability

of Bail

3. When a matter of discretion[Rule 114, Sec. 5]

1. Before conviction, in offenses punishable by

death, reclusion perpetua or life imprisonment.

2. Upon conviction by the RTC of an offense

not punishable by death, reclusion perpetua or

life imprisonment.

It may be filed in and acted upon by the

RTC despite the filing of notice of appeal,

provided that it has not transmitted the

original record to the appellate court.

If RTC changed nature of the offensefrom bailable to non-bailable, it can be

resolved only by the appellate court.

Note:

In hearing the petition for bail, the

prosecution has the burden of showing that the

evidence of guilt is strong [Rule 114, Sec. 8]. The

prosecution must be given ample opportunity to

show that the evidence of guilt is indeed strong.

184

7/31/2019 03 crimpro

23/73


While the proceeding is conduced as a regular

trial, it must be limited to the determination of the

bailability of the accused. It should be brief and

speedy, lest its purpose be rendered nugatory

[People vs Singh (2001)].

If bail is granted, provisional liberty continues

under the same bail subject to the consent of the

bondsman [Rule 114, Sec. 5].

If bail is denied by the RTC, the accused-

appellant may challenge it by filing a motion (and

not a special civil action or a special proceeding)

in the appellate court after it has acquired

jurisdiction over the case. It shall be treated as

an incident in the appeal.

In deportation proceedings, it is the CIDs

discretion. [Harvey v. Defensor-Santiago (1990)].


offenses

Section 6. Capital offense, defined

It is an offense which, under the law existing at the

time of its commission and of the application for

admission to bail may be punished with death. The

capital nature of an offense is determined by the

penalty prescribed by law, and not by the p

Documents

03 crimpro