UP08 CrimPro

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CRIMINAL PROCEDURE REMEDIAL LAW

I. INSTITUTION OF THECRIMINAL ACTION

A.IN GENERAL CRIMINAL ACTION - One by which the State

prosecutes a person for an act/omissionpunishable by law.

The test to determine whether proceeding iscivil or criminal: If the proceeding is under astatute such that if an indictment is presentedthe forfeiture can be included in the criminalcase, such proceeding is criminal in nature,although it may be civil in form [Sec. of Justicev. Lantion (2000)

]

ESSENTIAL REQUIREMENTS OF DUE PROCESS

1) There must be a court/tribunal clothed with judicial authority to hear and determine the

matter before it.2) Jurisdiction must be lawfully acquired over theperson of the defendant or property which isthe subject of the proceeding.

3) The defendant must be given an opportunity tobe heard.

4) Judgment must be rendered upon lawfulhearing.

B.WHERE TO INSTITUTE1. CRIMINAL JURISDICTION

Definition: Authority of the court to hear andtry a particular offense and to impose thepunishment provided by law.

Jurisdiction is vested in the court, not in thejudges. [People v. Gorospe

] Inquiries into a courts jurisdiction:

1) WON the court has jurisdiction over theoffense by virtue of the imposable penaltyand its nature; It is defined by law; determined by the

extent of the penalty which lawimposes based on the facts as recitedin the complaint/informationconstitutive of the offense charged

HOW TO DETERMINE JURISDICTION Determined by the allegations of the complaint

or information. By examination of the complaint/information toascertain that the facts set out and punishmentfall under jurisdiction of court. [People v. Ocaya(1978)

]

JURISDICTION OVER THE PERSON OF THEACCUSED It is acquired either by the arrest of the

accused or by his voluntary appearance in

court. Voluntary appearance is accomplished by

pleading to the merits. Filing motion to quash (MTQ), unless on the

ground of LOJ of the court over the personof the accused.

Appearing for arraignment. Entering trial

ESTOPPEL AND LACHES TO DENY JURISDICTION General rule: The question of jurisdiction may

be raised at any stage of the proceedings. Exception: The question may not be raised

for the first time on appeal, where therehas been estoppel and laches on the partywho raises the question.

2. REGIONAL TRIAL COURT1)

RTCs shall exercise exclusive original jurisdiction in all criminal cases not within theexclusive jurisdiction of anycourt/tribunal/body. [Sec. 20, BP 129] Exception: Those now falling under the

exclusive and concurrent jurisdiction of theSandiganbayan, which shall hereafter beexclusively taken cognizance of by thelatter. [Sec. 20, BP 129

]2) SC may designate certain RTC branches to

handle exclusively criminal cases, juvenile anddomestic relations cases, agrarian cases, urbanland reform cases which do not fall under the jurisdiction of quasi-judicial bodies andagencies, and/or such other special cases asthe SC may determine. [Sec. 23, BP 129

]3) Criminal cases where 1 or more of the accused

is below 18 y/o but not less than 9 y/o or


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Exception: Cases falling within theexclusive original jurisdiction of RTCs andof the Sandiganbayan. [Sec. 32, BP 129

]

3)

Cases classified under the Revised Rules onSummary Proceedings: [SC Resolution, October15, 1991

]a) Violations of traffic laws/rules/regulations;b) Violations of rental law;c) Cases where the penalty prescribed by law

for the offense charged is imprisonment notexceeding 6 months, or a fine notexceeding P1K, or both, irrespective ofother imposable penalties, accessory or

otherwise, or of the civil liability arisingtherefrom: Provided, however, that inoffenses involving damage to propertythrough criminal negligence, this Rule shallgovern where the imposable fine does notexceed P10K.

4. KATARUNGANGPAMBARANGAY

General rule: Parties have no power to enterinto amicable settlement as regards crimes. Exception: Offenses punishable by

imprisonment < 30 days, or a fine notexceeding P200. [Sec. 2, PD 1508

] General rule: If parties are residents of the

same barangay, then settle through the Luponof that Barangay. Exception:[Sec. 3, PD 1508

]

1) If residents of the different barangaysbut in the same city/municipality, thenin barangay where respondent or anyof the respondents actually resides, atthe complainants election.

2) All disputes which involve real property(or any interest therein) shall bebrought in the barangay where the realproperty (or any part thereof) issituated.

The Lupon has no authority over disputes:[Sec. 3, PD 1508

]1) Involving parties who actually reside in

barangays of different cities/municipalities,except where such barangays adjoin eachother.

2) Involving real property located in differentmunicipalities

6) Philippine army and air force colonels,naval captains, and all officers of higherrank.

7)

Officers of the PNP, while occupying theposition of provincial director and thoseholding the rank of senior superintendentor higher.

8) City and provincial prosecutors and theirassistants, and officials and prosecutors inthe Office of the Ombudsman and specialprosecutors.

9) Presidents/directors/trustees/managers ofGOCCs, state universities or educational

institutions/foundations.10)Members of Congress and officials thereofclassified as Grade 27 and up.

11)Members of the judiciary, without prejudiceto Constitutional provisions.

12)Chairmen and members of ConstitutionalCommissions, without prejudice toConstitutional provisions.

General rule: The offense must be intimatelyconnected with the office of the offender and

perpetuated while he was in the performance ofofficial functions. It has also been held to bethe case if it cannot exist without the office, orif the office is a constituent element of thecrime as defined in the statute Exception: Election offenses, even if

committed by public officers with grade 27or higher in relation to their office, shall fallunder the RTCs exclusive originaljurisdiction. [Sec. 268, Omnibus ElectionCode]

6. MILITARY COURTS General rule: Ordinary courts will have

jurisdiction over cases involving members ofthe armed forces, and other persons subject tomilitary law, including members of the CitizensArmed Forces Geographical Units who commits

crimes under the RPC or special laws,regardless of who the co-accused or victimsare. Exception: When, as determined by the

ordinary court during arraignment, theoffense is service-oriented, then it will betried by the court martial. Provided: thePresident may in the interest of justice


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voyage, subject to the generallyaccepted principles of international law.

3) If under Art. 2, RPC, then cognizable bythe court where the criminal action is1st filed.

To determine the correct venue, the vital pointis the allegation of the situs of the offensecharged in the information.

Venue is jurisdictional, being an essentialelement of jurisdiction. The allegation of theplace where the offense was committed andwhere the offended party resided are essentialelements to determine venue. [Agbayani v.

Sayo

] Two places may have concurrent jurisdiction if

there are two possible venues of the action.But the choice of venue lies with theprosecuting officer and not with the accused.[Catanguib v. CA

] A person charged with a transitory crime may

be validly tried in any municipality/provincewhere the offense was in part committed. Intransitory/continuing offenses in which some

acts material and essential to the crime andrequisite to its consummation occur in oneprovince and some in another, the court ofeither province has jurisdiction to try the case,it being understood that the first court takingcognizance of the case will exclude the others[People v. Grospe

]

C.HOW INSTITUTEDCOMPLAINT

Definition: A sworn written statementcharging a person with an offense, subscribedby the offended party, any peace officer orother public officer charged with theenforcement of the law violated. [Rule 110,Sec. 3

] Persons authorized to file the complaint:

1) offended party2) any peace officer3) other public officer charged with the

enforcement of the law violated Criminal cases under the Revised Rules on

Summary Procedure shall be either bycomplaint or by information; provided that in

Information is valid when signed by prosecutorwho has authorityto conduct PI of the offensecommitted within his jurisdiction.

Variance between the complaint filed by theoffended party and the information in crimesagainst chastity, the complaint controls.[People v. Oso

] The "complaint" referred to in Rule 110

contemplates one filed in court, not with thefiscal. In that case, the proceeding must bestarted by the aggrieved party himself. For asa general rule, a criminal action is commencedby complaint or information, both of which are

filed in court. In case of a complaint, it mustbe filed by the offended party; with respect toan information, it is the fiscal who files it. Buta "complaint" filed with the fiscal prior to a judicial action may be filed by any person.[Ebarle v. Sucaldito]

REQUIREMENTS OF A COMPLAINT OR

INFORMATION [Rule 110, Sec. 6]

Purpose: To inform the accused of the natureand cause of the accusation against him, whichis a constitutional right. The objectives of theright are:1) to furnish the accused with such a

description of the charge against him aswill enable him to make the defense

2) to avail himself of his conviction oracquittal for protection against further

prosecution for the same cause;3) to inform the court of the facts alleged, sothat it may decided whether they aresufficient in law to support a conviction, ifshould be had.

1. NAME OF THE ACCUSED [Rule 110,Sec. 7

]

It must include the name and surname of theaccused, as well as any appellation ornickname by which he has been or is known.

If the name cannot be ascertained, he must bedescribed under a fictitious name with astatement that his true name is unknown. Histrue name will be inserted if eventuallydisclosed or appears in some manner to the


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essential elements of the offense chargedagainst him, if he is not to become an easypawn of oppression and harassment, or of

negligent/misguided official action. Thesufficiency of an Information is determinedsolely by the facts alleged therein. [People v.Purisima (1978)]

3. ACTS/OMISSIONS CONSTITUTING

THE OFFENSE [Rule 110, Sec. 9]

It must be in ordinary or concise language,sufficient to enable a person of commonunderstanding to know what offense is beingcharged. This must be done both for theoffense charged and the circumstancesinvolved in its commission.

Purpose:1) To enable a person of common

understanding to know what offense isintended to be charged;

2) To enable the court to pronounce properjudgment. The accused cannot be found guilty of an

offense which has not been alleged. The new rule requires that the qualifying and

aggravating circumstances be alleged in theinformation. If the qualifying and aggravatingcircumstances are not alleged, but proved, thecourt cannot appreciate the same in imposingthe penalty and qualifying the offense,respectively.

General rule: Where the law alleged to havebeen violated prohibits generally acts thereindefined and is intended to apply to all personsindiscriminately, but prescribes certainlimitations/exceptions from its violation, theindictment/information is sufficient if it allegesfacts which the offender did as constituting aviolation of law, without explicitly negating theexception, as the exception is a matter ofdefense which the accused has to prove. Exception: Where the statute alleged tohave been violated applies only to specific

classes of persons and special conditionsand the exemptions from its violation areso incorporated in the language definingthe crime that the ingredients of theoffense cannot be accurately and clearly setforth if the exemption is omitted then the

4. NAME OF THE OFFENDED PARTY[Rule 110, Sec. 12]

1) If an offense against person: Name andsurname; nickname/appellation; fictitiousname, if real name is unknown.

2) If an offense against property:a) If name is unknown, particularly describe

the property to identify the offense;b) If the name is later known, insert it;c) 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 ofthe crime charged, the complaint must investsuch person with individuality by either naminghim or alleging that his name is unknown. It iselementary that in crimes against property,ownership must be alleged as matter essentialto the proper description of the offense. [US v.Lahoyhoy]

5. DATE OF THE OFFENSE [Rule 110,Sec. 11]

General rule: The precise date is notnecessary. Exception: When the date is a material

ingredient of the offense. 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 theinformation is valid. The determinative factor inthe resolution of the question involving avariance between allegation and proof inrespect of the date of the crime is the elementof surprise on the part of the accused and hisinability to defend himself properly.

The allegation in the information of on orabout the year 1992 is defective as it violatesRule 110, Sec. 11 and the accuseds right to be

informed of the nature and cause of theaccusation against him, because the phrase notonly includes 12 months of the year 1992 butalso years prior and subsequent to 1992.

Defect in the date is not a ground for MTQunder Rule 116. The remedy against anindictment that fails to allege the time ofcommission of the offense with sufficient


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AMENDMENT OR SUBSTITUTION [Rule 110,Sec.14]

AMENDMENT WITHOUT LEAVE OF COURT General rule: It must be made before the

accused enters his plea. Exception: If the amendment downgrades

the nature of the offense charged in, orexcludes any accused from, thecomplaint/information, it can be made onlyupon motion of the prosecutor, with noticeto the offended party and with leave ofcourt.

AMENDMENT WITH LEAVE OF COURT It may be made after plea and during trial; but

it should not cause prejudice to the rights ofthe accused.

The test as to WON a defendant is prejudicedby the amendment of an information is WONa defense under the information as it originallystood would be available after the amendmentis made, and WON any evidence defendantmight have would be equally applicable to theinformation in the one form as in the other.[People v. Casey]

SUBSTITUTION When there is mistake in charging the proper

offense, the court shall dismiss the originalcomplaint/information upon the filing of a newone charging the proper offense, provided

accused is not placed in double jeopardy.

D.WHO INSTITUTESNON-RESTRAINT OF CRIMINAL

PROSECUTIONS

General rule: Writs of injunction/prohibitionwill not lie to restrain (either through

preliminary or final injunction or writ ofprohibition) a criminal prosecution. Rationale: Public interest requires that

criminal acts be immediately investigatedand prosecuted for the protection ofsociety.

Exception:1) When injunction is justified by

11)Preliminary injunction has been issuedby the SC to prevent the threatenedunlawful arrest of petitioners.

WHO PROSECUTES

General rule: The action must be prosecutedunder the direction and control of theprosecutor. The public prosecutor is a quasi-judicial

officer and a representative of asovereignty whose obligation to governimpartially is as compelling as its obligation

to govern at all Exception: When there is lack of public

prosecutors or heavy workload, the privateprosecutor may be authorized in writing bythe Chief of the Prosecution Office or theRegional State Prosecution to prosecute thecase subject to the courts approval. Theauthority will continue until revoked orwithdrawn.

IN APPEALS, THE SOLICITOR GENERAL (OSG) HASCONTROL General rule: The OSG shall represent the

People of the Philippines in criminal actionsbrought to the CA and the SC. Exception: In all cases elevated to the

Sandiganbayan and from theSandiganbayan to the SC, the Office of theOmbudsman (through its specialprosecutor) shall represent the People,except in cases filed pursuant to EC Nos.1,2,4, and 14-A issued in 1986.

CRIME WHICH CANNOT BE PROSECUTED

DE OFICIO Art. 344, RPC states what crimes cannot be

prosecuted de officio. It includes defamation which consists in the

imputation of a crime which cannot beprosecuted de oficio.

Note: Rape is no longer a private crimeand may thus be prosecuted even withoutthe consent/initiative of the offended party.

PRIVATE CRIMES Those which cannot beprosecuted except upon complaint filed by the


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b) If victim is a minor, or of age but suffersfrom incapacity The parents,grandparents or legal guardian, even if the

offended party does not wish to file thecomplaint.3) In rape The minor has the right to initiate the

complaint independently of parents andguardians, unless incompetent/incapable upongrounds other than minority. If minor initiatesthe complaint, the father/guardian/grandfathercannot withdraw complaint.

COMPLAINT AS CONDITION PRECEDENT

The complaint starts the prosecutoryproceeding; but it does not vest jurisdiction, asjurisdiction is vested in the court by the law.

The complaint is only a condition precedent forthe exercise by proper authorities of the powerto prosecute.

The failure to raise the issue as to WON therehas been a valid complaint filed by theoffended party at the trial court is a waiver of

the issue.

EFFECT OF DEATH OF OFFENDED PARTY

Once a complaint is filed, the will of theoffended party is ascertained and the actionproceeds. Death after filing the complaintwould not deprive the court of the jurisdictionto try the case

The State shall initiate the action on behalf ofthe offended party, in case of hisdeath/incapacity and he has no knownparents/grandparents/guardians.

In adultery/concubinage, such death does notextinguish the criminal liability of accused.

EFFECT OF DESISTANCE BY OFFENDED

PARTY

It does not bar the People of the Philippinesfrom prosecuting the criminal action, but itoperates as a waiver of the right to pursue civilindemnity.

An affidavit of desistance cannot justifydismissal of the complaint if made after (andnot before) the institution of the criminal

General rule: Pardon must be made beforethe filing of the criminal complaint in court. If there are more than one accused, the

pardon must be extended to all offenders. Exception: Marriage between offender andoffended party.

Pardon or express condonation has the effect ofwaiving the civil liability with regard to theinterest of the injured party. For liability arisingfrom an offense is extinguished in the samemanner as other obligations.

E. INTERVENTION OF THEOFFENDED PARTY [Rule 110,Sec. 16]

When the civil action is instituted together withthe criminal action according to Rule 111, thenthe offended part may intervene by counsel inthe prosecution of the offense.

Party includes not only the government butother persons as well, such as the complainant

who may be affected by the judgment renderedin the criminal proceedings. [People v. Madali(2001)]

WHEN PRIVATE PROSECUTOR IS ALLOWED TOINTERVENE General rule: An offended party has the right

to intervene in the prosecution of a crime. Exception:

1) Where, from the nature of the crimeand the law defining and punishing it,no civil liability arises in favor of aprivate offended party.

2) Where, from the nature of the offense,the private offended party is entitled tocivil indemnity arising therefrom but hehas waived the same or has expresslyreserved his right to institute aseparate civil action or he has alreadyinstituted such action.

Any move on the part of the complainant oroffended party to dismiss the criminal case,even if without objection of the accused, shouldfirst be referred to the prosecuting fiscal for hisown view on the matter. He controls theprosecution of the case and may have reasonswhy the case should not be dismissed.


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II. PROSECUTION OF THE CIVILASPECT

CIVIL LIABILITY

General rule: When a criminal action isinstituted, the civil action for the recovery ofdamages is deemed instituted with the criminalaction. [Rule 111, Sec. 1] Exception: If the offended party:

1) Waives the civil action;2) Reserves the right to institute it

separately; Exception:

a) Claims arising out of adishonored check under BP 22where no reservation to filesuch civil action separatelyshall be allowed.

b) Claims arising from an offensewhich is cognizable by theSandiganbayan. [Sec. 4, PD1606, as amended by RA 8249]

3) Institutes the civil action prior to thecriminal action.

An offended party loses his right to intervene inthe prosecution of a criminal case, not onlywhen he has waived the civil action orexpressly reserved his right to institute, butalso when he has actually instituted the civil

action. For by either of such actions his interestin the criminal case has disappeared. [Garcia v.Florido]

RESERVATION TO FILE SEPARATE CIVIL ACTION The reservation of the right to institute

separately the civil action shall be made beforethe prosecution starts presenting its evidenceand under circumstances affording the offendedparty a reasonable opportunity to make such

reservation. Procedure for making the reservation:

1) Filing a manifestation in the criminal casethat the offended party is reserving hisright to file a separate civil action;

2) Filing the separate civil action andinforming the court trying the criminal casethat the offended party has filed a separate

party, his family or a 3rd person by reason ofthe crime. [Art. 107, RPC]

CRIMINAL LIABILITY VIS--VIS CIVILLIABILITY

Many legal scholars treat as a misconception orfallacy the generally accepted notion that thecivil liability actually arises from the crimewhen, in the ultimate analysis, it does not.While an act/omission is felonious because it ispunishable by law, it gives rise to civil liabilitynot so much because it is a crime but becauseit caused damage to another. Viewing thingspragmatically, we can readily see that whatgives rise to the civil liability is really theobligation and the moral duty of everyone torepair or make whole the damage caused toanother by reason of his own act/omission,done intentionally or negligently, WON thesame be punishable by law. In other words,criminal liability will give rise to civil liabilityonly if the same felonious act/omission resultsin damage/injury to another and is the directand proximate cause thereof. Damage/injury toanother is evidently the foundation of the civilaction. Such is not the case in criminal actionsfor, to be criminally liable, it is enough that theact/omission complained of is punishable,regardless of WON it also causes materialdamage to another. [Banal v. Tadeo]

Underlying the legal principle that a person whois criminally liable is also civilly liable is theview that from the standpoint of its effects, acrime has dual character: (1) as an offenseagainst the state because of the disturbance ofthe social order; and (2) as an offense againstthe private person injured by the crime unlessit involves the crime of treason, rebellion,espionage, contempt and others wherein nocivil liability arises on the part of the offendereither because there are no damages to be

compensated or there is no private personinjured by the crime. [Occena v. Icamina]

SEPARATE, SIMULTANEOUS AND

INDEPENDENT CIVIL ACTIONS

Reservation is not necessary.


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h) The right to the equal protection of thelaws;

i) The right to be secure in one's person,house, papers, and effects againstunreasonable searches and seizures;

j) The liberty of abode and of changingthe same;

k) The privacy of communication andcorrespondence;

l) The right to become a member ofassociations/societies for purposes notcontrary to law;

m) The right to take part in a peaceableassembly to petition the governmentfor redress of grievances;

n) The right to be free from involuntaryservitude in any form;

o) The right of the accused againstexcessive bail;

p) The right of the accused to be heard byhimself and counsel, to be informed ofthe nature and cause of the accusationagainst him, to have a speedy and

public trial, to meet the witnesses faceto face, and to have compulsoryprocess to secure the attendance ofwitness in his behalf;

q) Freedom from being compelled to be awitness against one's self, or frombeing forced to confess guilt, or frombeing induced by a promise ofimmunity or reward to make suchconfession, except when the person

confessing becomes a State witness;r) Freedom from excessive fines, or cruel

and unusual punishment, unless thesame is imposed or inflicted inaccordance with a statute which hasnot been judicially declaredunconstitutional; and

s) Freedom of access to the courts.3) Cases of defamation, fraud and physical

injuries.

4) When a member of a city/municipal policeforce refuses/fails to render aid/protectionto any person in case of danger tolife/property.

5) Quasi-delict. A quasi-delict case may be brought by

the offended party even if he has not

3) Consolidation with the criminal action. Before final judgment in the civil case, it

may be consolidated with the criminal

action, upon motion by the offended party.The evidence in civil case shall beautomatically reproduced in the criminalcase without prejudice to the right of theprosecution to cross-examine witnessespresented by the offended party and for theparties to adduce additional evidence. [Rule111, Sec. 2 par. 2]

4) Tolling of prescriptive period. During the pendency of the criminal action,

the running of the prescriptive period of thecivil action that cannot be institutedseparately or has been suspended shall betolled. [Rule 111, Sec. 2 par. 3]

EXTINCTION OF THE CRIMINAL ACTION

General rule: It will not cause the extinctionof the civil action. Exception: Civil action based on delict

may be deemed extinguished if there is afinding in a final judgment in the criminalaction that the act/omission from which thecivil liability may arise does not exist. [Rule111, Sec. 2 last par.]

EFFECT OF DEATH ON CIVIL ACTION [Rule111, Sec. 4]

1) If death is before arraignment Dismissal ofcase without prejudice to filing of civil actionagainst estate of the deceased.

2) If death is after arraignment and duringpendency of criminal action Extinguishes civilliability. Exception: Independent civil actions,

which may be brought against the estate ofthe deceased or legal representative afterproper substitution.

EFFECT OF THE CIVIL ACTION

JUDGMENT, ON THE CRIMINAL ACTION[Rule 111, Sec. 5]

If the civil action judgment absolves thedefendant it does not bar criminal action


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the cognizance of which pertains to anothertribunal. The prejudicial question must bedeterminative of the case before the court butthe jurisdiction to try and resolve the questionmust be lodged in another court or tribunal. Itis a question based on a fact distinct andseparate from the crime but so intimatelyconnected with it that it determines the guilt orinnocence of the accused. [Ras v. Rasul] Elements: [Rule 111, Sec. 7]

1) Previously initiated civil action involvesan issue similar or intimately related tothe issue raised in the subsequent

criminal action;2) The resolution of such issue determinesWON the criminal action may proceed.

With whom to file petition:1) Office of the prosecutor;2) Court conducting the PI.

FILING FEES

Filing fees of the civil action are deemedinstituted in criminal action.

No filing fees are required for amounts ofactual damages, except as otherwise provided(i.e. BP 22 cases).

Moral, exemplary and other damages should bespecified in complaint and corresponding filingfees should be paid, otherwise the trial courtwill not acquire jurisdiction over such otherdamages.

Where moral, exemplary and other damagesare not specified in the complaint/information,the grant and amount are left to the sounddiscretion of the trial court, the correspondingfiling fees need not be paid and shall simplyconstitute a first lien on the judgment.

III. PRELIMINARY

INVESTIGATION[Rule 112, as

amended by AM 05-8-26-SC (effectiveOctober 3, 2005)]DEFINITION

An inquiry/proceeding to determine WON thereis sufficient ground to engender a well-foundedbelief that a crime has been committed and therespondent is probably guilty thereof, andshould be held for trial. [Rule 112, Sec. 1]

It is an executive function, although theprosecutor is a quasi-judicial authority. He istasked to determine WON a criminal case mustbe filed in court

Even if an executive function, it is considered a judicial inquiry, a judicial proceeding as itinvolves opportunity to be heard on the part ofthe complainant and the respondent, theproduction and weighing of evidence anddecision, and as prosecutor acts as quasi-judicial officer.

Purpose:1) To inquire concerning the commission of

the crime and the connection of accusedwith it, in order that he may be informed ofthe nature and character of the crimecharged against him, and if there isprobable cause in believing him guilty, thatthe state may take the necessary steps to

bring him to trial;2) To preserve the evidence and keep thewitnesses within the control of the state;

3) To determine the amount of bail, if theoffense is bailable;

4) Principally, to determine WON a crime hasbeen committed and WON there is probablecause to believe that the accused is guilty.It is to secure the innocent against hasty,malicious and oppressive prosecution, and

to protect him from an open and publicaccusation of a crime, from the trouble,expense, anxiety of a public trial, and alsoprotect the state from useless andexpensive trials. It is intended to protectthe accused from the inconvenience,expense and burden of defending himself ina formal trial unless the reasonable


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If the accused invokes the right to PI but thetrial judge nonetheless proceeds with thearraignment over the objection and requiredthe prosecutor to present evidence, thearraignment and presentation of somewitnesses does not amount to a waiver of thesaid right.

WHEN REQUIRED

General rule: PI is required to be conductedbefore a complaint/information is filed for anoffense where the penalty prescribed by law is

at least 4 years, 2 months and 1 day, withoutregard to the fine. [Rule 112, Sec. 1, par. 2] Exception: When a person is lawfully

arrested without a warrant involving anoffense that requires a PI, acomplaint/information may be filed withoutconducting the PI if the necessary inquestis conducted. In the absence orunavailability of an inquest prosecutor, thecomplaint may be filed by the offended

party or by a peace officer directly with theproper court on the basis of the affidavit ofthe offended party or arresting officer orperson. However, before the complaint/

information is filed, the person arrestedmay ask for a PI, but he must sign awaiver of the provisions of Art. 125,RPC in the presence of his counsel.Notwithstanding the waiver, he mayapply for bail and the investigationmust be terminated within 15 daysfrom its inception.

After the filing of thecomplaint/information in court withouta PI, the accused may within 5 daysfrom the time he learns of its filing, askfor a PI with the same right to adduceevidence in his defense as provided inRule 112. [Rule 112, Sec. 6]

WHO MAY CONDUCT PI

1) Provincial/city prosecutors and their assistants;2) National and regional state prosecutors;3) Other officers as may be authorized by law.

government official authorized toadminister 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. Hewill either:a) Dismiss - If he finds no ground to

continue investigation;b) Issue a subpoena to the respondent,

attaching the complaint and otherdocuments. If subpoena is not possible, the

investigating officer shall decidebased on what complainantpresented.

Respondent has the right toexamine the evidence submitted bycomplainant, and copy evidence athis expense.

3) Defendants counter-affidavit. [Rule 112, Sec.3(c)] It must me made within 10 days from

receipt of complaint, and must comply withthe same requirements as a complaint.4) Hearing. [Rule 112, Sec. 3(e)]

The investigator must conduct a hearingwithin 10 days from receipt of the counter-affidavit. The hearing must be finished in 5days.

Hearing is conducted only if there are suchfacts and issues to be clarified from a partyor a witness.

Parties may be present evidence, but theyhave no right to examine or cross-examine.Questions of parties shall be submitted tothe investigating officer.

Within 10 days, the officer shall determineWON there is sufficient ground to holdrespondent for trial.

5) Resolution. [Rule 112, Sec. 4] If the investigating officer finds no PC, he

will dismiss the case. Otherwise, he will

prepare an information and resolution. PROBABLE CAUSE (PC) For purposes of

filing an information by the prosecutor, it isthe existence of such facts andcircumstances as would excite the belief, ina reasonable mind acting on the factswithin the knowledge of the prosecutor,


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Within 10 days from receipt of theresolution, the prosecutor/ombudsman willact on the case.

The prosecutor/ombudsman has toauthorize/approve the filing of aninformation by the investigating officer.

In case of dismissal by investigating officer,the prosecutor/ombudsman, if hedisagrees, may file the information himselfor any deputy or order any prosecutor todo so without conducting a new PI.

The DOJ Secretary may file the informationor dismiss the information filed by the

prosecutor/ombudsman.7) Filing of information/complaint in court. [Rule112, Sec. 5] Within 10 days from the filing of

complaint/information, the judge may:a) Dismiss the case, if he thinks there is

no PC.b) Otherwise, issue a warrant of arrest (if

RTC). Warrant of arrest is not necessary

when respondent is alreadydetained or if the offense ispunishable by fine only.

c) Order presentation of additionalevidence within 5 days from notice andissue, if he has doubt regarding theexistence of PC. He must resolve itwithin 30 days from filing of complaint/information.

RECORD OF THE INVESTIGATION [Rule 112,Sec. 7]

General rule: PI record does not form part ofthe case record. Exception: The court may order the

production of the PI record (or partthereof):1) When necessary in the resolution of the

case or any incident therein;2) When it is to be introduced as an

evidence in the case by the requestingparty.

CASES NOT REQUIRING PI NOR COVERED

BY THE RULE ON SUMMARY PROCEDURE

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 accusedunder custody, he may issue summonsinstead.


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IV. ARREST

DEFINITION

ARREST Taking of a person into custody inorder that he may be bound to answer for thecommission of an offense. [Rule 113, Sec. 1]

Ordinarily, an invitation to attend a hearing andanswer some questions, which the personinvited may heed or refuse at his pleasure, isnot illegal or constitutionally objectionable.However, where the invitation comes from apowerful group composed predominantly ofranking military officers issued at a time whenthe country has just emerged from martial ruleand when the suspension of the privilege of thewrit of habeas corpus has not entirely beenlifted, and the designated interrogation site is amilitary camp, the same can be easily taken,not as a strictly voluntary invitation which itpurports to be, but as an authoritative

command which one can only defy at his peril.Although in the guise of a request, it wasobviously a command or an order of arrest thata person could hardly be expected to defy.[(Sanchez v. Demetriou (1993)]

MEANS OF ARREST

1) By actual restraint of the person to bearrested;

2) By submission to the custody of the personmaking the arrest. [Rule 113, Sec. 2, par. 1]

No violence or unnecessary force shall be usedin making an arrest. Person arrested shall notbe subject to a greater restraint thannecessary. [Rule 113, Sec. 2, par. 2]

Application of actual force, manual touching ofthe body, physical restraint or a formaldeclaration of arrest is not required. It is

enough that there be an intent on the part ofone of the parties to arrest the other and anintent on the part of the other to submit, underthe belief and impression that submission isnecessary. [Sanchez v. Demetriou (1993)]

IMMUNITY FROM ARREST

INSTANCES WHEN JUDGE ISSUES WARRANT OFARREST1) Upon the filing of the information by the public

prosecutor and after personal evaluation by the judge of the prosecutors resolution andsupporting evidence. [Rule 112, Sec. 6(a)] The judge does not have to personally

examine the complainant and hiswitnesses. The prosecutor can perform thesame functions. [Soliven v. Makasiar]

Bare certification by the fiscal is notenough. It should be supported by a reportand necessary documents. [Lim v. Felix

(1991)]2) Upon application of a peace officer and afterpersonal examination by the judge of theapplicant and the witnesses he may produce.[Rule 112, Sec. 6(b)] Rationale: There is yet no evidence on

record upon which judge may determinethe existence of PC.

Conditions:a) The investigating judge must have

examined in writing and under oath thecomplainant and his witnesses bysearching questions and answers.

b) He must be satisfied that PC exists;c) There is a need to place the respondent

under immediate custody in order notto frustrate the ends of justice.[Samulde v. Salvani (1988)]

A warrant of arrest has no expiry date. It isonly subject to the requirements found inSection 4, Rule 113.

EXECUTION OF WARRANT OF ARREST

DUTY OF HEAD OF OFFICE TO WHOM THEWARRANT WAS DELIVERED FOR EXECUTION To cause the warrant to be executed within 10

days from its receipt. [Rule 113, Sec. 4]

DUTIES OF THE ARRESTING OFFICER1) To arrest the accused and deliver him to the

nearest police station or jail withoutunnecessary delay. [Rule 113, Sec. 3]

2) To make a report to the judge who issued thewarrant. [Rule 113, Sec. 4] Within 10 days after expiration of the


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so requires, the warrant must be shown to himas soon as practicable.

RIGHTS OF THE ARRESTING OFFICER1) To summon assistance. [Rule 113, Sec. 10]

He may orally summon as many persons ashe deems necessary to assist him ineffecting the arrest.

Persons summoned shall assist in effectingthe arrest when he can do so withoutdetriment to himself.

2) To break into any building/enclosure where theperson to be arrested is or is reasonablybelieved 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 ashelter for crime. The inviolability ofdomicile cannot be used to shield arrest.

3) To break out from the building/enclosure whennecessary to liberate himself. [Rule 113, Sec.12] Also applicable where there is a valid arrest

without a warrant.4) To search the person arrested for dangerous

weapons or anything which may have beenused or constitute proof in the commission ofan offense. [Rule 126, Sec. 13] Without need of a search warrant.

B.WARRANTLESS ARRESTINSTANCES OF LAWFUL WARRANTLESS

ARREST

1) IN FLAGRANTE DELICTO Literally, caughtin the act of committing a crime. When theperson to be arrested has committed, isactually committing or is attempting to commitan offense in the presence of the peace officeror private person who arrested him. [Rule 113,Sec. 5(a)] In his presence means: [People v.

Evaristo (1992)]a) He sees the offense even though at a

offense is based on actual facts.[Posadas v. Ombudsman (2000)]

3) When the person to be arrested is a prisonerwho has escaped: [Rule 113, Sec. 5(c)]a) From a penal establishment or place where

he is:(1) Serving final judgment;(2) Temporarily confined while his case is

pending.b) While being transferred from one

confinement to another. Rationale: At the time of arrest, the

escapee is in continuous commission of a

crime (i.e. evasion of service of sentence).4) When a person who has been lawfully arrestedescapes or is rescued. [Rule 113, Sec. 13)]

5) By the bondsman for the purpose ofsurrendering the accused. [Rule 114, Sec. 23,

par. 1] When an accused released on bail attempts

to depart from the Philippines withoutpermission of the court where the case ispending. [Rule 114, Sec. 23, par. 2]

MANNER OF ARREST

1) By an officer The officer shall inform theperson to be arrested of his authority and thecause of the arrest. [Rule 113, Sec. 8] Exception:

a) The person to be arrested is engaged inthe commission of the offense;

b) He is pursued immediately after itscommission;

c) He escapes, flees or forcibly resistsbefore the officer has the opportunityto so inform him;

d) Giving such information will imperil thearrest.

2) By a private person - The private person shallinform the person to be arrested of theintention to arrest him and the cause of thearrest. [Rule 113, Sec. 9] Exception: Same as those for arrest by an

officer. The private person must deliver the

arrested person to the nearest policestation or jail, and he shall be proceededagainst in accordance with Rule 112, Sec.7 Otherwise the private person may be


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It is not necessary that there should be badfaith or malice. Such requisite would defeatthe main purpose of the provision which isthe effective protection of individual rights.

4) The fact that the arrest was illegal does notrender the subsequent proceedings void anddeprive the State of its right to convict when allthe facts point to the culpability of the accused.

CURING AN ILLEGAL ARREST

1) By filing of an information in court; and2) Subsequent issuance by the judge of a warrant

of arrest.

WAIVER OF THE ILLEGALITY OF ARREST

The accused may waive the illegality of hisarrest either expressly or impliedly.

The objection to illegality of arrest must bemade before arraignment in a MTQ; otherwiseit is deemed waived. [Rule 117, Sec. 9]

Filing of MTQ which includes other groundsdoes not amount to waiver. Application for or admission to bail does not

amount to waiver. [Rule 114, Sec. 26]

V. CUSTODIAL INVESTIGATION Definition: It involves the questioning initiatedby law enforcement officers after a person has

been taken into custody or otherwise deprivedof his freedom of action in any significant way.

Custodial investigation begins where theinvestigation is no longer a general inquiry intoan unsolved crime but has began to focus on aparticular suspect, the suspect has been takeninto police custody, and the police carry out aprocess of interrogation that lends itself to

eliciting incriminating statements. [People v.Rodriguez]

ALSO CONSIDERED AS CUSTODIAL

INVESTIGATION (CI)

1) The practice of issuing an "invitation" to aperson who is investigated in connection withan offense he is suspected to have committed.[Sec. 2, last par., RA 7438]

2) RE-ENACTMENT A demonstration by theaccused of how he committed the crime. It is apolice contrivance designed to test thetruthfulness of the statements of the witnesswho had confessed to the commission of thecrime.

NOT CONSIDERED AS CI

1) Police line-up. [People v. Pavillare (2000)] It is conducted before the CI, the purpose

of which is to identify the suspect amongmany persons lined up.

TOTALITY OF CIRCUMSTANCES TEST Test employed in resolving the admissibilityof out-of-court identification of suspects;requires the following factors to beconsidered: [People v. Teehankee (1995)]

a) The witness opportunity to view thecriminal at the time of the crime;

b) The witness degree of attention at thattime;

c) The accuracy of any prior descriptiongiven by the witness;

d) The level of certainty demonstrated by


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b) Signing of the written extra-judicialconfession In the absence of counsel and upon

valid waiver, it may be made in thepresence of any his parents, elderbrothers and sisters, spouse, themunicipal mayor, the municipaljudge, district school supervisor, orpriest/minister of the gospel aschosen by him.

c) Signing of the waiver to the provisionsof Art. 125, RPC.

2) To be informed, in a language known to andunderstood by him, of his rights to remainsilent and to have competent and independentcounsel, preferably of his own choice, who shallat all times be allowed to confer privately withthe person arrested, detained or under CI. If he cannot afford to have his own

counsel, he must be provided with acompetent and independent counsel by theinvestigating officer.

Assisting counsel may be any lawyer,except those:a) Directly affected by the case;b) Charged with conducting PI;c) Charged with the prosecution of

crimes; [Sec. 3, RA 7438]3) To be allowed visits by or conferences with any

member of his immediate family, or anymedical doctor or priest or religious ministerchosen by him or by any member of hisimmediate family or by his counsel, or by any

national NGO duly accredited by theCommission on Human Rights or by anyinternational NGO duly accredited by the Officeof the President. "Immediate family" includes his or her

spouse, fianc or fiance, parent or child,brother or sister, grandparent orgrandchild, uncle or aunt, nephew or niece,and guardian or ward.

Definition: The security given for the releaseof a person in custody of the law, furnished byhim or a bondsman, to guarantee hisappearance before any court as required underconditions hereinafter specified. [Rule 114,Sec. 1]

CONCEPT AND PURPOSE

Implementation of the right to bail under theconstitution. [Art. 3, Sec. 13, Consti]

Flows from the presumption of innocence.[Paderanga v. CA (1995)] Delivery of the accused to others who become

entitled to his custody and responsible for hisappearance. [Philippine Phoenix Surety v.Sandiganbayan (1987)]

Person under detention or legal process may bereleased upon admittance to bail. [Rule 114,Sec. 3]

It shall not constitute as a waiver of his right tochallenge the legality of his arrest or theabsence of PI. [Rule 114, Sec. 26]

WHEN NOT REQUIRED

1) When the law or ROC so provides.2) When the person has been in custody for a

period equal to or more than the possiblemaximum imprisonment prescribed for theoffense charged. He is to be released immediately, without

prejudice to the continuation of the trial. If the maximum penalty is destierro, he

shall be released after 30 days ofpreventive imprisonment. [Rule 114, Sec.16]

CONDITIONS OF BAIL

1) Undertaking is effective upon approval andshall remain in force at all stages of the caseuntil promulgation of the RTC judgment. WON the case was originally filed in the

RTC. Unless cancelled.

2) Accused shall appear before the proper court.


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Accused might be warned that trial willproceed in absentia [Almeda v. Villaluz(1975)]

Arraignment of the accused is not allowed as acondition for bail. [Lavides v. CA (2000)]

The court cannot impose conditions upon thebondsmen, in addition to the obligation todeliver the accused before the court. [Bandoyv. Judge of CFI]

KINDS OF BAIL

1) Corporate surety. By any domestic/foreign corporationlicensed as a surety and currently

authorized to act as such. [Rule 114, Sec.10]

Court may not refuse corporate suretybond and require cash bond. [Almeda v.Villaluz (1975)]

Note: However, the SC also held that theROC left to the trial judges discretion thequestion of whether bail should be posted

in form of a corporate surety bond orproperty bond or a cash deposit or apersonal recognizance [Re: Judge SilverioTayao, Makati RTC Br.143 (1994)]

2) PROPERTY BOND An undertakingconstituted as a lien on the real property givenas security for the amount of the bail. [Rule114, Sec. 11] Qualifications of sureties: [Rule 114, Sec.

12]

a) Each must be a resident owner of realestate within the Philippines; Court may require that he is a

resident of the province. [Villaseorv. Abao (1967)]

b) Where there is only one surety, his realestate must be worth at least theamount of undertaking;

c) If there are 2 or more sureties, eachmay justify in an amount less than thatexpressed in the undertaking but theaggregate of the justified sums must beequivalent to the whole amount of thebail demanded.

Justification of sureties: [Rule 114, Sec.13] By affidavit taken before the judge that

The money deposited shall be applied tothe payment of fine and costs. Any excessshall be returned to the accused or towhoever made the deposit.

The judge has no authority to receive adeposit of cash bail.

The cash should not be kept in the judgesoffice, much less his own residence. [Nauiv. Mauricio]

4) Recognizance. [Rule 114, Sec. 15] Definition: Obligation of record, entered

into before some court or magistrate dulyauthorized to take it, with the condition todo some particular act, the most usualcondition in criminal cases being theappearance of the accused for trial. [Peoplev. Abner (1950)]

Effect: Transfer custody of the accusedfrom the public officials who have him intheir charge to keepers of his ownselection.

Whenever allowed by law or by the ROC:a) In cases of violations of

municipality/city ordinances, andcriminal offenses where the penalty isnot higher than arresto mayor and/orfine of P2K or both. [RA 6036]

b) Youthful offender, uponrecommendation of DSWD or otheragencies authorized by court. [PD 603]

c) Accused applying for probation beforefinality of judgment. [PD 968]

d) Person in custody for a period equal toor more than the minimum of theprincipal penalty prescribed for theoffense charged. [Rule 114, Sec. 16]

AMOUNT OF BAIL

Guidelines:1) Financial ability of the accused to give bail;2) Nature and circumstances of the offense;3) Penalty for the offense charged;4) Character and reputation of the accused;5) Age and health of the accused;6) Weight of evidence against the accused;7) Probability of the accused appearing at

trial;8) Forfeiture of other bail;9) The fact that the accused was a fugitive


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ACCRUAL OF THE RIGHT TO BAIL

ACCUSED MUST BE IN CUSTODY The right to bail accrues when a person isarrested or deprived of his liberty. [Paderangav. CA (1995)]

The Court should not even allow a motion forbail to be set for hearing unless it has acquiredjurisdiction over the person of the accused andthe case by its filing in court. [Guillermo v.

Judge Reyes (1995)]

CUSTODY, HOW ACQUIRED1) By virtue of a warrant or a warrantless arrest;2) Voluntary submission to the courts jurisdiction. General rule: The mere filing of an application

for bail is not sufficient to submit to thejurisdiction of the court. [Santiago v. Vasquez,(1992)] Exception: When there is an application

for bail without the personal appearance of

the accused (e.g. when he is confined inthe hospital). [Santiago v. Vasquez;Paderanga v. CA]

ADMITTANCE TO BAIL AS A MATTER OF

RIGHT

All persons in custody shall be admitted to bailas a matter of right: Before or after conviction by the MTC; Before conviction by RTC of an offense not

punishable by death, reclusion perpetua orlife imprisonment. [Rule 114, Sec. 4]

It is not necessary that there is a formalcomplaint filed against him. [HerrasTeehankee v. Rovira]

ADMITTANCE TO BAIL AS

DISCRETIONARY

Upon conviction by the RTC of an offense notpunishable by death, reclusion perpetua or lifeimprisonment: It may be acted upon by the RTC despite

the filing of notice for appeal, as long as

2) Previously escaped from legal confinement,evasion of sentence or violation ofconditions of bail without valid justification;

3) Commission of offense while underprobation, parole or conditional pardon;

4) Probability of flight;5) Undue risk that he may commit another

crime during the pendency of appeal.

RIGHT TO BAIL NOT AVAILABABLE

1) Capital offense or an offense punishable byreclusion perpetua or life imprisonment, when

evidence of guilt is strong. [Rule 114, Sec. 6] Prosecution has the burden of proof. [Rule

114, Sec. 8] CAPITAL OFFENSE - An offense which,

under the law existing at the time of itscommission and of the application foradmission to bail, may be punished withdeath.

Effect of abolition of death penalty: Whenevidence of guilt is strong, right to bail is

still not available. [Carpio v. Maglalang(1991)]

Hearing on the application for bail ismandatory. [Aurillo Jr. v. Francisco (1994)] Court must give reasonable notice of

the hearing to the prosecutor or requirehim to submit his recommendation.[Rule 114, Sec. 18]

2) Right to bail is not available in the military.[Comendador v. de Villa (1991)]

3) After a judgment of conviction has becomefinal; If applied for probation before finality, he

may be allowed temporary liberty under hisbail. [Rule 114, Sec. 24]

4) After the accused has commenced to serve hissentence. [Rule 114, Sec. 24]

B.PROCEDURAL MATTERS INBAIL

WHERE FILED[Rule 114, Sec. 17]

With the court where the case is pending; If the is unavailable, with any RTC/MTC


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Accused must be discharged upon approval ofthe bail by the judge with whom it was filed.

If bail is filed with a court other than where thecase is pending, the judge who accepted thebail should forward it to the court where thecase is pending. [Rule 114, Sec. 19]

If the accused attempts to depart from thePhilippines without permission of the court, hemay be re-arrested without the need for awarrant. [Rule 114, Sec. 23]

FORFEITURE OF BAIL [Rule 114, Sec. 21]

If the accused failed to appear in person asrequired by the court. Bondsmen are given 30 days within which to:

1) Produce the body of the principal or givereason for the non-production. Bondsmen may:

a) Arrest the accused;b) Cause him to be arrested by a

police officer or any other person ofsuitable age or discretion. Upon written authorityendorsed on a certified copy of

the undertaking.2) Explain why the accused failed to appear. If the bondsmen fail to do these, judgment

is rendered against them, jointly andseverally, for the amount of the bail.

Bondsmens liability cannot be mitigated orreduced, unless the accused has beensurrendered or is acquitted.

CANCELLATION OF BAIL

1) Upon application of the bondsmen, with duenotice to the prosecution, bail may be cancelledupon:a) Surrender of the accused;b) Submission of proof of the death of the

accused.

2)

Bail is automatically cancelled upon:a) Acquittal of the accused;b) Dismissal of the case;c) Execution of the judgment of conviction.

VII. RIGHTS OF THE ACCUSED[Rule 115]

1) To be presumed innocent; Until contrary is proved beyond reasonable

doubt Accusation is not synonymous with guilt.

[People v. Dramayo (1971)]2) To be informed of the nature and cause of

accusation against him; Offense must be clearly charged in the

information. [People v. Ortega (1997)] Charge must be set forth with sufficientparticularity which will enable him to

intelligently prepare his defense. [Balitaanv. CFI of Batangas (1982)]

The pPurpose is served by arraignment.[Borja v. Mendoza (1977)]

3) To be present and defend in person and bycounsel at every stage of the proceedings;a) Right to be present;

This right may be waived. However,presence is required:(1) For purposes of identification;(2) At arraignment; [Rule 116, Sec.

1(b)](3) At the promulgation of judgment;

Exception: If the conviction isfor a light offense. [Rule 120,Sec. 6]

Trial in absentia: Requisites: [Parada v. Veneracion

(1997)](1) Prior arraignment;(2) Proper notice of the trial;(3) Failure to appear is

unjustifiable. Effects: Waiver of right to be

present, right to present evidenceand right to cross-examinewitnesses. [Gimenez v. Nazareno

(1988)] Note: This doctrine should bere-examined because the rightswaived are distinct rightsguaranteed by the Constitution.[Pamaran]

b) Right to counsel; It means reasonably effective legal


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But subject to cross-examination on anymatter cited in his direct examination.

5) To be exempt from being compelled to be awitness against himself; Compulsion includes not only violence but

also moral coercion. [Chavez v. CA (1968)] Covers only testimonial compulsion and

production of incriminating documents. It does not include examination of his body

as evidence when it may be material. [USv. Tan Teng (1912)]

If he testified as a witness in his ownbehalf, he cannot refuse to answerquestions on cross-examination on theground that the answer would incriminatehimself.

The questions should be on matters relatedto his direct examination. [People v. Judge

Ayson (1989)]6) To confront and cross-examine witnesses

against him at the trial; This right is waived by non-appearance.

[Carredo v. People (1990)]

Identification by a witness of the accused isinadmissible if the accused had noopportunity to confront witness. [People v.Lavarias (1968)]

7) To have compulsory process issued to secureattendance of witnesses and production ofother evidence in his behalf.

Trial court should not delegate to theaccused the responsibility of getting hiswitnesses. If a subpoena is issued and

the witness failed to appear, the courtshould order the arrest of the witness ifnecessary. [People v. Montejo (1967)]

8) To have a speedy, impartial and public trial; Remedy against denial of right:

a) MTD;b) Dismissal subject to rules on double

jeopardy. [SC Circular 38-98]c) Mandamus. [Vide Abadia v. CA (1994)]

This right may be waived. Right to public trial not is violated wheretrial was held in chambers [Garcia v.

Domingo (1973)] or in the Bilibid prison[US v. Mercado (1905)], if accused failed toobject and as long as he could have hisfriends, relatives and counsel present.

Trial by publicity is not per se as prejudicial

VIII. SEEKING RELIEF FROM ADEFECTIVE INFORMATION

DEFINITION

MOTION TO QUASH(MTQ) - Formerly calleda demurrer, it is a special pleading, filed by theaccused, which hypothetically admits the truthof the facts spelled out in thecomplaint/information and sets up a matter,which, if duly proved, would preclude further

proceedings. It cannot be initiated by the judge; otherwise it

would amount to pre-judging the case. [Peoplev. Nitafan (1999)]

Order denying MTQ Order granting MTQ

Interlocutory Final orderNot appealable absent ashowing of GAD

Immediately appealablebut subject to rules ondouble jeopardy

Does not dispose of thecase upon its merits Disposes of the case uponits meritsProper remedy: appealafter the trial

Proper remedy: appeal theorder

MTQ Demurrer to EvidenceFiled before entering plea Filed after the prosecution

has rested its caseDoes not go into themerits of the case

Based upon the inadequacyof the evidence adduced bythe prosecution

Nolle prosequi Quashal of Information

Initiated by prosecutor Initiated by accusedDismissal of criminal caseby the government beforeaccused is placed on trialand before he is called toplead, with approval ofcourt

Court has no authority toinitiate MTQ. Filing is madebefore accused enters plea,subject to exceptions

Discontinuance in a civilsuit, leaves the matter inthe same condition it wasbefore commencement ofthe prosecution

***

Not an acquittal Acquittal is a ground forquashal

Not a final disposition ofthe case

Rule 117, Sec. 6


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Deemed to be a waiver of all objections whichare grounds for a MTQ. [Gamboa v. Cruz(1988)]

Deprives of the right to object to evidencewhich could be lawfully introduced andadmitted under an information of more or lessgeneral terms but which sufficiently charges adefinite crime. [People v. Marquez (2000)]

FORM AND CONTENTS [Rule 117, Sec. 2]

1) In writing;2) Signed by the accused or his counsel;3) Distinctly specify factual and legal grounds. Facts outside the information are allowed to

be introduced to prove any of the grounds. Inquiry into outside facts may also be

allowed even when the ground invoked isthat the allegations in the information donot constitute the offense charged. [Garciav. CA (1997)]

General Rule: Court shall consider noground other than those stated in the MTQ.

Exception: LOJ over the offensecharged.GROUNDS [Rule 117, Sec. 3]

The grounds for MTQ are exclusive. Not valid grounds:

1) Absence of PI;2) Lack of PC;3) Non-inclusion of an accused.1. FACTS CHARGED DO NOT

CONSTITUTE AN OFFENSE

In all criminal cases, the accused should beinformed of the nature and the cause of theaccusation against him.

An information which does not charge anoffense or does not allege all the elements of a

crime, is void. Test: WON the facts alleged, if hypothetically

admitted, would meet the essential elements ofthe offense, as defined by law. [People v Abad(1997)] That the missing element may be proved

during the trial or that prosecution has

Where they are undisputed factsapparent from the records of the PI andnot denied or admitted by theprosecutor [Salonga v. Pano (1985)]

Where they are undisputed or undeniablefacts that destroy the prima facie truthaccorded to allegations of the information[People v. de la Rosa (1988)]

ROC expressly permits the investigation offacts alleged. [People v. Alagao (1966)][Rule 117, Sec. 2(f)(h), 4 & 5]

Rationale: It would be pure technicality forthe court to close its eyes to said facts,refuse to quash the information, andrequire trial.

2. COURT HAS NO JURISDICTIONJURISDICTIONJURISDICTIONJURISDICTIONOVER THE OFFENSE CHARGED

JURISDICTION OVER THE SUBJECTMATTER The power to adjudge concerningthe general question involved.

Law defines the offenses and penalties underthe jurisdiction of a court.

If the case was tried and decided upon thetheory that it had jurisdiction, the parties arenot barred from assailing such jurisdiction onappeal.

In criminal prosecution, venue or place isjurisdictional. [Rule 110, Sec. 15; Lopez v. CityJudge, 1966]

The court had jurisdiction over the case sincefor as long as he continues to evade the serviceof his sentence he is deemed to continuecommitting the crime, and may be arrestedwithout warrant at any place where he may befound. [Parulan v. Director of Prisons (1968)]

Where a court has jurisdiction over the offense,the objection that it has no jurisdiction over theperson of the accused may be waived. [Layosav. Rodriguez (1978)]

In private crimes, complaint of the offendedparty is necessary to confer authority to thecourt.

3. COURT HAS NO JURISDICTIONJURISDICTIONJURISDICTIONJURISDICTIONOVER THE PERSON OF THE

ACCUSED


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Authority to file and prosecute criminal casesvested in:1) Provincial fiscals and their assistants;2) City fiscals and their assistants;3) The chief state prosecutor and his deputies.

A lawyer appointed by the DOJ Secretary mayalso file an information.

The prosecutor who signed must haveterritorial jurisdiction to conduct PI. [Cudia v.CA (1998)]

Information filed in the Sandiganbayan: Mustbe signed by a graft investigating officer withprior approval of the Ombudsman. Authority tosign may be challenged if prosecutor files theinformation without approval of Ombudsman. The Ombudsman cannot sign when filed

information is filed in the regular courts.[Uy v. Sandiganbayan (1999)]

Election offenses: Must be signed by dulydeputized prosecutors and the legal officers ofthe COMELEC.

5. COMPLAINT/INFORMATION DOESNOT CONFORM SUBSTANTIALLYTO THE PRESCRIBED FORM

The formal and substantial requirements areprovided for in Rule 110, Sec. 6-12.

General rule: Lack of substantial compliancerenders the accusatory pleading quashable. Exception:

Mere defects in matters of form may becured by amendment. Objections not raised are deemedwaived, and the accused cannot seekaffirmative relief on such ground norraise it for the first time on appeal.[People v. Garcia (1997)]

Vague or broad allegations are generally notgrounds for a MTQ. The correct remedy for this is a bill of

particulars. [Rule 116, Sec. 9]

6. MORE THAN ONE OFFENSE ISCHARGED

General rule: Complaint/information mustcharge but one offense. [Rule 110, Sec. 13] Exception: cases in which existing laws

more modes specified. [Ku Bo Lin v. CA(1992)]

If criminal acts are committed on differentoccasions, each constitutes a separate offense.

7. CRIMINAL ACTION OR LIABILITYHAS BEEN EXTINGUISHED

Enjoyment of an accrued right cannot foreverbe left on a precarious balance. [People v.Reyes (1989)]

Protection from prosecution under a statute oflimitation is a substantive right. [People v.

Sandiganbayan (1992)]

HOW CRIMINAL LIABILITY IS TOTALLYEXTINGUISHED [Art. 89, RPC]1) Death of the accused;

Extinguished as to the personal penaltiesand pecuniary penalties only when deathoccurs before final judgment.

2) Service of sentence; Execution must be by virtue of a final

judgment and in the form prescribed bylaw.

3) Amnesty;4) Absolute pardon;

Absolute pardon Conditional pardon

Complete upon itsdelivery

Only upon the acceptancesince accused may viewliability less onerous thanthe terms

Pardon Amnesty

Grant of the executive Grant by the President withconcurrence of majority ofCongress

Private though official act Public actMust be pleaded andproved

Court must take judicialnotice [People v. Vera(1990)]

Granted after conviction Usually for those subject totrial but have not yet beenconvicted, but can also beavailable even afterinstitution of the criminalaction and sometimes afterconviction


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offended party, the authorities, or theiragents.

Interruption: Upon the filing ofcomplaint/information General rule: Includes complaint

filed with the proper officer for PI. Exception: Period for offenses

penalized by special laws andordinances is interrupted onlyby filing in court.

Commences to run again: Whenproceedings terminate without theaccused being convicted or acquitted,or are unjustifiably stopped for anyreason not imputable to him.

Prescription shall not run when theoffender is absent from the Philippines.

Manner of computing time: 1 year = 365 days; 1 month = 30 days, unless specified; 1 day = 24 hours; Nights = From sunrise to sunset; First day shall be excluded and the last

day included. The rule that if the last day falls on aSunday or a holiday, the act can still bedone the following day, does not applyto the computation of the period ofprescription of a crime.

Prescription of continuing crime: Countedfrom the latest/last act constituting theseries of acts continuing the single crime.[People v. Castaneda (1990)]

Prescription periods: [Art. 90, RPC]a) 20 yrs. Death and reclusionperpetua;

b) 15 yrs Other afflictive penalties;c) 10 yrs. Correctional penalties; except

arresto mayor, which prescribes in 5yrs.;

d) 1 yr. Libel and similar offenses;e) 6 mos. Oral defamation and slander

by deed;

f) 2 mos. Light offenses. When the penalty fixed is a compound

one, the highest penalty shall be madethe basis of the application of letters a-c.

Commencement: From the date whenthe culprit should evade the service ofhis sentence.

Interruption: If the defendant shouldgive himself up, be captured, should goto some foreign country with which thisGovernment has no extradition treaty,or should commit another crime beforethe expiration of the period.

7) Pardon in private offenses (seduction,abduction, acts of lasciviousness, rape). It extinguishes the criminal action or remits

the penalty already imposed. General rule: Pardon should be given

before the filing of criminal complaint. Exception: Marriage between the

offended woman and the offender.[Art. 344, RPC; People v. Lualhati(1989)]

Applicable to co-principals, accomplicesand accessories.

If the victim is a minor: Pardon ofoffended party and of both parents is

required. [People v. de la Cruz (1993)]8. CONTAINS AVERMENTS WHICH, IF

TRUE, WOULD CONSTITUTE LEGAL

EXCUSE OR JUSTIFICATION

JUSTIFYING CIRCUMSTANCES [Art. 11, RPC]1) Acts in defense of his person or rights;

Requisites:a)

Unlawful aggression;b) Reasonable necessity of meansemployed;

c) Lack of sufficient provocation.2) Acts in defense of the person or rights of his

a) Spouse;b) Ascendants;c) Descendants;d) Legitimate/natural/adopted brothers or

sisters;

e) Relatives by affinity in the same degrees;f) Relatives by consanguinity within the 4thcivil degree.

Provided: that the 1st and 2nd requisites in#1 are present and, in case theprovocation was given by the personattacked, that the one making defense had


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2) Person under 9 y/o;3) Person over 9 y/o and under 15 y/o;

Exception: If acted with discernment.4) Causes injury by mere accident, without fault

or intention, while performing lawful act withdue care;

5) Under compulsion of irresistible force;6) Under impulse of uncontrollable fear of an

equal or greater injury;7) Fails to perform an act required by law when

prevented by some lawful insuperable cause.

9. DOUBLE JEOPARDY RULE OF DOUBLE JEOPARDY When a

person is charged with an offense and the caseis terminated either by acquittal or convictionor in any other manner without the expressconsent of the accused, the latter cannot againbe charged with the same or identical offense.[Rule 117, Sec. 3(i)]

Rationale: Law of reason, justice and conscience. No person shall be twice put in jeopardy ofpunishment for the same offense; if an act

is punished by a law and an ordinance,conviction or acquittal under either shallconstitute a bar to another prosecution.[Art. 3, Sec. 21, Consti]

It protects not against peril of 2nd punishmentbut against being tried again for the sameoffense.

SAME OFFENSE TEST Not only when exactlythe same offense, but also when the 2ndoffense is an attempt to commit the 1st or is afrustration thereof, or when it necessarilyincludes or is necessarily included in the 1stoffense charged. [People v. Silva]

To constitute double jeopardy, the offensecharged must be the same in law and in fact.

Requisites of Double Jeopardy:a) 1st jeopardy has attached;b) 1st jeopardy was validly terminated;c) 2nd jeopardy:

(1) For the same offense charged;(2) For an attempt to commit the same or

frustration thereof; or(3) For an offense which necessarily

includes or is necessarily included inthe 1st

otherwise terminated, and not toconviction or acquittal. [People v.Labatete (1960)]

If consent is not express, dismissalwill be regarded as final i.e. withprejudice to refiling. [Caes v. IAC(1989)] Exception: Dismissal has the

effect of acquittal even with theconsent of the accused whenpredicated on (1) insufficiencyof the prosecutions evidence or(2) denial of the right to aspeedy trial. [Alamario v. CA(2001)]

TWO CATEGORIES OF DOUBLE JEOPARDY1) Same offense.

The offenses penalized either by differentsections of the same statute or by differentstatutes.

Must examine the essential elements ofeach.

Test: WON evidence that proves oneoffense would also prove the other. [Peoplev. Ramos (1961)]

It is not necessary to have absoluteidentity. [People v. Relova (1987)]

2) Same act. Liability is generated both under an

ordinance and a national statute. The constitutional protection is available

although the prior offense charged under

an ordinance be different from the offensecharged under a national statue, providedthat both spring from the same act or setof acts. [People v Relova (1987)]

Examine the location of such acts in timeand space.

Where 2 different laws (or articles of thesame law) define 2 crimes, prior jeopardyas to one is not obstacle to a prosecution ofthe other, although both arise from the

same facts, if each involves someimportant act which is not an essentialelement of the other. [People v. Doriquez(1968)]

WHEN THERE IS NO DOUBLE JEOPARDY1) Private offended party appeals the civil aspect


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void, the proceeding before the TC may notbe said to have been lawfully terminated.[People v. Grospe (1988)]

6) Petition for certiorari filed by the prosecutor tocorrectthe penalty which should be lower thatthat imposed by the TC it is favorable to theaccused. [People v. Lee Jr. (1984)]

7) Mere filing of two informations charging thesame offense the 1st jeopardy has not set in.[People v. Pineda] Note: Dissent in People v. Pineda It is

sufficient that the accused has pleaded inthe 1st case in order for the 1st jeopardy toset in.

Qualification: Prosecution may be said tobe forum shopping which will warrant thedismissal of the 2nd case. The accused should object to any joint

trial since he may forfeit the right toraise double jeopardy in the 2nd case.

8) Filing of 2nd information where a new factsupervened (e.g. the injured party dies frominjuries after conviction). Where there is no supervening event after

arraignment and conviction:a) If the 1st charge was based on findings

of a physician, and a 2nd informationwas filed charging a more serious crimebased on the findings of anotherphysician. [People v. Buling (1960)]

b) If the victim died 2 days prior toarraignment of the accused whopleaded guilty to an information for

serious physical injuries thru recklessimprudence he can no longer becharged with homicide thru recklessimprudence. [People v. City Court ofManila (1983)]

In a continuing offense, only one crime iscommitted. Where 2 informations arose fromthe same transaction, the 2nd cannot prosper.[Mallari v. People (1988)]

General rule: Prosecution cannot file anappeal or a MFR after jeopardy had attachedfor the purpose of increasing the imposedpenalty. [US v. Kepner (1904)] Exception: If the purpose is to decrease

the penalty wrongfully imposed, it isbeneficial to the accused and there is noreason to complain.

3) If lower court acted with GAD. [Reyesv. Camilon (1990)]

4) If any of the following instances occur:[Paredes v. Sandiganbayan (1996)]

a) To afford protection toconstitutional rights;

b) For orderly administration ofjustice;

c) Prejudicial question which is subjudice;

d) Prosecution under invalid law/ordinance/regulation;

e) Double jeopardy is clearlyapparent;

f) No jurisdiction over the offense;g) Persecution rather than

prosecution;h) Charges manifestly false and

motivated by vengeance;i) No prima facie case against

accused;j) To avoid multiplicity of suits.

WHEN AMENDMENT IS AVAILABLE AS A CURE The court shall order that an amendment be

made if the motion is based on an allegeddefect which can be cured by amendment.[Rule 117, Sec. 4]

Court shall give an opportunity to theprosecution to correct a defect if based on theground that the facts charged do not constitutean offense. MTQ shall be granted if: [Rule 117,Sec. 4]

1)

Prosecution fails to make the amendment;2) Complaint/information still suffers from thesame defect despite the amendment.

In a dismissal for the purpose of amendment,the defendant is not placed in jeopardy and thedismissal is not a bar to the filing of anamended information.

Though a material amendment is based on theground that the facts charged do not constitutean offense, the same could be done because

the accused has not been arraigned nor can adismissal on such ground put the accused twicein jeopardy

It is a good tactical move for the accused tofirst plead to the information and thereafter filea MTQ either before or after the prosecutionhas presented evidence. [Cruz v. CA (1991)]


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Exception to the exception: If he isalso in custody for another charge.

Better approach if the ground was that thecourt has no jurisdiction over the subject

matter: The court should not quash thecomplaint/information; instead, it shouldremand/forward the case to the proper court.

EFFECT General rule: It will not be a bar to another

prosecution for the same offense. [Rule 117,Sec. 6] Exception: If the ground for the quashal is

either:1) The criminal action or liability has been

extinguished;2) The accused has been previously

convicted, or in jeopardy of beingconvicted, or acquitted of the offensecharged.

REMEDIES OF THE PROSECUTION General rule: To amend the information to

correct the defects if the TC makes the order,and thereafter prosecute on the basis of theamended information. [Rule 117, Sec. 4] Exception: Prosecution is precluded where

the ground for the quashal would baranother prosecution for the same offense.

Prosecution may appeal from the order ofquashal to the appellate court.

If the information was quashed because it didnot allege the elements of the offense, but the

facts so alleged constitute another offenseunder a specific statute, the prosecution mayfile a complaint for such specific offense wheredismissal is made prior to arraignment and onMTQ. [People v. Purisima (1978)]

PROVISIONAL DISMISSAL

Definition: A case is dismissed withoutprejudice to its being refiled or revived.

General rule: Cases are provisionallydismissed where there has already beenarraignment and accused consented to aprovisional dismissal. Exception: If dismissal was due to a

demurrer to evidence.

1) Motion either:a) By prosecution, with express conformity of

accused; It was respondent who moved to

dismiss for lack of probable cause;hence, dismissal bears his expressconsent. [People v. Lacson (2002)]

b) By the accused;c) By both.

2) Offended party is notified of the motion.3) Court issues an order granting the motion and

dismissing the case provisionally.4) Public prosecutor is served with a copy of the

order of provisional dismissal

Time-bars will not apply absent any requisite.FAILURE TO ASSERT GROUNDS [Rule 117,Sec. 9]

WHEN Assertion of MTQ grounds should be made

before pleading to the complaint/information.

HOW FAILURE TO ASSERT HAPPENS: By not filing MTQ; By failing to allege a ground in the MTQ.

motion

EFFECT General rule: Such failure is deemed a waiver

of any objections. The waiver includes objection based on

ground that information is duplicitous. Exception: Objections based on the

following grounds: [Rule 117, Sec. 3]1) Information charges no offense;

Hence, the entire proceeding is anexercise in futility. [Cruz v. CA(1991)]

2) LOJ over the offense; General rule: Jurisdictional defects

cannot be waived. Exception: Jurisdiction over

person of the defendant iswaivable expressly or impliedly.

3) Criminal action or liability has beenextinguished;

4) Double jeopardy.



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A.BEFORE ARRAIGNMENTBILL OF PARTICULARS (BOP)

Rule 116, Sec. 9 Rule 12, Sec. 1applies by analogy

cf. [Rule 1, Sec. 3]The accused may movefor a BOP

A party may move for adefinite statement or for aBOP of any matter which isnot averred with sufficientdefiniteness/particularity

Before arraignment Before responding to apleading

If the pleading is a reply,the motion must be filedwithin 10 days from service

To enable him properly toplead and prepare for trial

To enable him properly toprepare his responsivepleading

Motion shall specifyalleged defects and thedetails desired

Motion shall point outdefects, paragraphswherein they are containedand details desired

PROCEDURE UPON FILING OF THE MOTION FORBOP The clerk must immediately bring it to the

attention of the court. [Rule 12, Sec. 2] Court may either: [Rule 12, Sec. 2]

1) Deny it;2) Allow parties opportunity to be heard;3) Grant it outright.

a) Compliance: Within 10 days from notice of

order, unless a different period isfixed by the court.

May be filed either in a separate oran amended pleading, with copyserved on the adverse party. [Rule12, Sec. 3]

BOP becomes part of the pleadingfor which it is intended. [Rule 12,

Sec. 3]b) Non-compliance or insufficientcompliance: [Rule 12, Sec. 4] The court may order the striking

out of the pleading or portions towhich order was directed, or makeother order as it deems just.

e) To define/clarify/particularize/limit the issues inthe case;

f) To expedite the trial;g) To assist the court;h) Generally, to prevent injustice. [Virata v.

Sandiganbayan (1993)]

THOSE BEYOND THE SCOPE OF A BOP1) To supply material allegations necessary to the

validity of a pleading;2) To change a cause of action or defense;3) To set forth the theory of cause of action or a

rule of evidence on which he intends to rely;[Tan v. Sandiganbayan (1989)]

4) To call matters which should form part of theproof of the complaint upon trial. [Salita v.Magtolis (1994)]

WAIVER Failure to file motion for BOP despite failure of

the information to allege time of commissionwith sufficient definiteness amounts to a waiverof the defect. [People v. Marquez (2000)]

PRODUCTION/INSPECTION OF MATERIAL

EVIDENCE IN THE PROSECUTIONS

POSSESSION

Purpose: To prevent surprise, suppression oralteration. [Rule 116, Sec. 10]

It is not a matter of absolute right on the partof the defense; nor does the privilege operateipso facto upon the filing of a motion.

The privilege may be exercised only by theaccused since the prosecution has already asits disposal the entire machinery of thegovernment.

PROCEDURE [Rule 116, Sec. 10]1) Motion of the accused showing good cause and

with notice to the parties. [Cruz v. People(1994)]

2)

The court may order the prosecution toproduce and permit the inspection and copyingor photographing of:a) Any written statement given by the

complainant and other witnesses in anyinvestigation of the offense conducted bythe prosecution or other investigating



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Motion shall be supported by an affidavit of theaccused and such other evidence as the courtmay require.

CONTENTS1) Name and residence of the witness;2) Substance of his testimony;3) That the witness is:

a) Sick/infirm as to afford reasonable groundfor believing that he will not be able toattend the trial;

b) Residing more than 100 km from the placeof trial and has no means to attend;

c) Other similar circumstances exist thatwould make him unavailable or prevent himfrom attending.

EXAMINATION OF DEFENSE WITNESS[Rule 119, Sec. 13]

PROCEDURE1) Court order directing:

a) That the witness be examined at a specificdate, time and place;b) That a copy of the order be served on theprosecutor at least 3 days before thescheduled examination.

2) Examination shall be taken:a) Before a judge;b) If not practicable, a member of the Bar in

good standing so designated by the judgein the order;

c) If the order be made by a court of superior jurisdiction, before an inferior court to bedesignated therein.

3) Examination shall proceed notwithstanding theabsence of the prosecutor, provided he wasduly notified of the hearing.

4) Written record of the testimony shall be taken.DEPOSITION

NATURE [People v. Webb (1999); Blacks LawDictionary] Testimony of the witness that is taken upon

oral question or written interrogatories, in opencourt, in pursuance of (1) a commission to taketestimony issued by a court or (2) under ageneral law or court rule on the subject,reduced to writing and duly authenticated

1) to afford him the opportunity to observethe demeanor of the witnesses, the partiesand their counsel

2) to enable him to propound such questionsas are material and necessary to supporttheir position

3) to test the credibility of said witnesses Exception: Witnesses may be conditionally

examined.

WHEN ALLOWED When the witness for the prosecution either:

1) Is too sick or infirm to appear at the trial asdirected by the court;

2) Has to leave the Philippines with no definitedate of returning.

PROCEDURE No hearing required by the rules

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