Herrera Summarized Criminal Procedure RULE 110:: Section

HERRERA SUMMARIZED
CRIMINAL PROCEDURE
RULE 110:Prosecution of offenses
Section 1: Institution of Criminal Action
a) offenses where preliminary investigation is required- by filing the complaint with the proper officer
(fiscal or MTC) for the purpose of conducting the required PI.
b) all other offenses- by filing the complaint or information directly with the MTC and MCTC, or the
complaint with the office of the prosecutor. (Manila and other chartered cities, complaint shall be
filed with the office of the prosecutor unless otherwise provided in their charters)
GR: institution shall interrupt the running of the period of prescription of the offense charged.
Prescription is interrupted even if it is filed in a court without jurisdiction.
EXP: unless otherwise provided in special laws ( section 2 of ACT 3326)
- Said act governs the computation of prescription of offenses under special laws.
- Prescription commences from the commission ( if known) or discovery ( if not known) until
institution of judicial proceedings.
- Prescription shall be interrupted when proceedings are instituted against the guilty person and
shall resume if the proceedings are dismissed for reasons not constituting double jeopardy.
Civil law rules on prescription is applicable to criminal cases.
Condition precedent to Filing cases
Katarungang Pambaranggay ( Chapter 7, Title I, Book III of LGC 1991)
- no complaint/ petition/ action/ proceeding involving any matter within the authority of the lupon
shall be filed or instituted in any court or any other govt office for adjudication UNLESS there has
been a confrontation between the parties before the Lupon chair OR pangkat.
- no conciliation or settlement shall be reached without the certification of the Lupon secretary or
pangkat secretary as attested by Lupon chairman or Pangkat chairman OR UNLESS settlement has
been repudiated by the parties thereto.
-when parties may go directly to court without the brgy conciliation:
a) accused is under detention
b) a person otherwise deprived of his personal liberty calling for habeas corpus preceedings
c) actions are coupled with provisional remedies ( prelim inj, attachment, ldelivery of personal
prop, support pendent lite)
d) where the action, may otherwise, be bared by statute of limitation
I will live my life to the fuNNiest. (Warlita Bee, 2014)

OOHlala: Only human. Open to constructive criticism. Hope this helps. lala
www.warlita.wordpress.com
pg. 1
- Indigenous Cultural Communities (ICC) / Indegenous People (IP)

conciliation among indigenous cultural communities shall be applied in settling disputes between
them. ( commonly accepted justice system).
The National Commission on ICCs/IPs shall have jurisdiction over ALL claims and disputes involving
them provided that all remedies in their community have been exhausted before going to the
commission.
-GR:
Subject matter of amicable settlement:
a) parties actually residing in the same city or municipality.
b) agreed upon
c) court in non-criminal cases though not falling under the authority of lupon, may at any time
before trial, motu proprio, refer the case to the lupon concerned for amicable settlement.
EXPs:
a)
b)
c)
d)
e)
where one party is the govt or any subdivision or instrumentality thereof

one party is a public officer/ ee and dispute relates to the performance of his official functions
offenses punishable by imprisonment exceeding 1 year or a fine exceeding P5k.
offenses where there is no private offended party.
Where dispute involves properties located in different cities or municipalities UNLESS the
parties thereto agree to submit their differences to amicable settlement by an appropriate lupon
f) Disputes involving parties who actually reside in brgy of different cities or municipalities, EXP
where such brgy units adjoin each other and the parties thereto agree to submit their differences
to amicable settlement by the appropriate lupon
g) Such other classes of disputes which the president may determine in the interest of justice or
upon recommendation of the secretary of justice.
Section 2: Complaint or Information

Complaint/ information:
a) Be in writing
b) In the name of the people of the Philippines ( absent- merely a matter of form and curable at
any stage of the trial)
c) Against all persons who appear to be responsible for the offenses involved
Section 3: Complaint
Complaint:
A sworn written statement charging a person with an offense, subscribed by the offended party, any
peace officer, or other public officer charged with the enforcement of law violated.
Who may file complaint:
a) Offended party
b) Any peace officer
c) Public officer charged with the enforcement or execution of the law violated.
pg. 2
Provincial fiscal is not among the 3. Information filed by him cannot be considered as a
complaint.
offended party- person actually injured and whose feeling is offended/ a party to whom the
offender is civilly liable.
Widow may be considered as offended party for the murder of her husband.
In bigamy, both the 1st and 2nd sps may be offended parties.
The right to commence criminal prosecution is confined to representatives of the govt and
persons injured. ( if not by them- dismissed)
But one who is not an offended party may file complaint for PI. EXP: crime which cannot be
prosecuted de oficio.
Complaint filed to court- filed by offended party
Complaint filed to fiscal- filed by any person
Information- filed by the fiscal
A complaint filed with the fiscal prior to a judicial action may be filed by any person.
A criminal action cannot be instituted against a juridical person.
To subscribe and swear a criminal complaint is NOT A MINITERIAL DUTY. Absent such- does
not invalidate the complaint UNLESS it is a private offense.
Right to file complaint is personal and abated by death.
GR: criminal prosecution MAY NOT BE restrained or stayed by preliminary or final injunction.
Ratio: public interest
EXPS:
a) To afford adequate protection to the constitutional right of the accused
b) When necessary for the orderly administration of justice or to avoid oppression or
multiplicity of actions.
c) When there is a prejudicial question
d) When the acts of the officer are without or in excess of authority
e) Prosecution in under an invalid law, ordinance or regulation
f) Double jeopardy is clearly apparent
g) Court has no jurisdiction over the offense
h) It is a case of persecution rather than prosecution
i) Charges are manifestly false and motivated by lust or vengeance
j) When there is clearly no prima facie case against the accused and a motion to quash on
that ground has been denied
k) PI has been issued by the SC to prevent the threatened unlawful arrest of petitioners.
Section 4: Information
Information:
Accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with
the court.
Complaint
Executed by a private party
Supported by oath of complainant
Need no necessarily be filed in court
Information
Prosecutor
Subscribed by prosecutor
Filed with court ( otherwise it is not an information)

pg. 3
An information not properly signed cannot be cured by silence, acquiescence, or even by express
consent
Section 5:Who must prosecute criminal actions

Compliance with this section is jurisdictional not merely a formal requirement.
Public prosecutor may turn over the actual prosecution of the criminal case, in the exercise of his
discretion, but he may, at any time, take over the actual conduct of the trial. HOWEVER, it is
necessary that the public prosecutor be present at the trial until the final termination of the case;
otherwise, if he is absent, it cannot be gainsaid that the trial is under his supervision and control.
BUT absence of public prosecutor cannot be raised by accused to invalidate the testimony of a
witness if he can not prove that he was personally prejudiced thereby.
NOTE:
Trial court: provincial prosecutor
CA / SC: solicitor general
Wrong delivery of notice- will render the dismissal of the petition (petition for review/ certiorari)
Control by prosecution BEFORE information is filed in court
1. What case to file and whom to prosecute
FISCALs discretion in the prosecution
GR: IF HE IS NOT convinced that he has evidence to support the allegations thereof, he may not
be
a) Prior to filing of case in court fiscal cannot be compelled (even by the SC) to file a criminal
information.
b) compelled to include other public officials who appeal to be responsible for the offense as coaccused.
EXP:
There is an unmistakable showing of grave abuse of discretion that will justify judicial intrusion
into the precincts of the executive.
-Remedy:
a) Motion for inclusion; THEN
b) Mandamus;OR
appeal fiscals decision to the ministry of justice and/ ask for a special prosecutor.
- appreciation of evidence is upon fiscals sound discretion but the same may be reversed or set
aside by the Sec of Justice or in special cases by the President.
2. Manner or prosecution
3. Right of prosecution to withdraw information BEFORE arraignment even without notice and
hearing. There must be leave of court after prior notice and hearing.
Full control of fiscal ENDS with the filing of the information in court. Jurisdiction is vested with
the court. adherence to jurisdiction.
Fiscal may file a motion to dismiss a case filed in court but the decision is up to the court. It does
not matter if this is done before or after arraignment of the accused or that the motion was filed
after a reinvestigation or upon instruction of the Sec Justice who reviewed the records of
investigation.
Control by Court AFTER information is filed in court
pg. 4
1. Suspension of arraignment
Hypo: (Dimatulac vs Villon)
Facts:
a) accused charged with murder
b) MTC found probable cause for murder and issued warrant
c) records forwarded to Prov Fiscal
d) without being arrested, Prov Fiscal reinvestigated and found na homicide lang
e) offended appealed to sec of justice
f) despite appeal, fiscal filed info in court for homicide
g) arraigned and posted bail
h) then sec of justice found for murder, but withdrew recomm upon finding that he was already
arraigned.
Issue: WON fiscal or judge gravely abused discretion by proceeding to arraignment despite the
appeal to the Sec Justice?
Held: court should have suspended the arraignment and awaited the resolution on the petition.
Otherwise, arraignment be set aside, and info amended if DOJ finds that proper infor shoule be
murder.
2. reinvestigation
After court has obtained jurisdiction
Motion for reinvestigation should, after the court has acquired jurisdiction, be addressed to the trial
judge alone. Neither the secretary of justice, state prosecutor, fiscal may interfere. If fiscal finds it
proper that reinvestigation be done, courts approval must be obtained.
3. prosecution by fiscal
4. dismissal
Withdrawal of complaint by fiscal must be with courts approval
EXP: Galvez vs CA: upheld the right of the prosecution to withdraw info for homicide for the purpose
of refilling the case for murder BEFORE arraignment even without notice and hearing.
But any move on the part of complainant or offended party to dismiss the case (even without
accuseds objection) should first be referred to the fiscal for his own view of the matter.
5. downgrading offense or dropping of accused even before plea
Limitations on Control by court
Parameters of courts control: where judge granted motion for reinvestigation and directed the fiscal
to conduct it, the court is deemed to have deferred to the prosecution arm of the govt. thus, court
should wait for a final resolution before acting on it.
the result of the above reinvestigation is now be the sole and only valid basis of the judges final
action. Judge should then proceed with arraignment, pretrial then trial.
1. Prosecution entitled to notice of hearing
2. court must await result of petition for review
3.prosecutions stand to maintain prosecution should be respected by court
- under his direction and control -Fiscal may be compelled to prosecute cases already filed- he
must not leave the prosecution in the hands of a private prosecutor SINCE an offense is an
outrage to the sovereignty of the State.
pg. 5
- this supervision and control extends to the civil liability instituted with the criminal action if
it was not filed separately, reserved, or there is no private prosecutor who intervened.
4. ultimate test of courts independence is where fiscal filed motion to dismiss or withdraw info.
5. court has authority to review DOJ secretarys recomm and reject it if there is grave abuse of
discretion.
- resolution of DOJ sec may be appealed to the office of the President (if offenses punishable by
death/ reclusion perpetua)
6. to reject or grant a motion to dismiss, court must make own independent assessment of evidence.
OTHERWISE, judgment is void.
Crimes that may be prosecuted upon complaint of the Offended party: 3 categories
1) crimes of adultery and concubinage
2) offenses of seduction, abduction, or acts of lasciviousness
3) criminal actions for defamation which consist in the imputation of the offenses of
seduction, abduction, or acts of lasciviousness
Rape is now a crime against persons and thus may be prosecuted even without a complaint filed by
the offended party.
Private Crimes:
-felonies which cannot be prosecuted except upon sworn written complaint filed by the aggrieved
party is misleading. State may prosecute also.
- it is true that the institution of private crimes is at the option of aggrieved party. But once that
choice is made manifest, the law will be applied in full force and in spite of the complainant, his
death notwithstanding.
- it is the sworn written complaint that starts the prosecutory proceeding IT IS NOT what vest
jurisdiction in the court.
Purpose: consideration for the offended women and her family who might prefer to suffer the
outrage in silence rather than go through with the scandal of a public trial.
1. Crimes of Adultery and Concubinage
-Who can file: offended spouse ONLY ( not even the State)
- offended spouse must have the status, capacity and legal representation AT THE TIME of the filing
of an action for adultery/ concubinage.
- thus if divorced, may not file.
If offended spouse if of age, the right to file the complaint is exclusive and successive.
Death of complainant during pendency of case does not extinguish criminal liability.
Death of complainant before filing of case in court, is not sufficient justification for dismissal of
the information, since complaint has been filed with the fiscal and the desire of the offended party
to prosecute is evident.
Lack of sworn written complaint is sufficiently cured by filing a verified statement before court.
Need not move for a motion to quash the information and dismiss the case.
Complaint filed by offended party in inferior court is sufficient she need not subscribe the
information. Jurisdiction is conferred by law and not by the complaint or information.

pg. 6
It is not necessary for the complainant to sign and verify the information filed by the fiscal. The
complaint adopted by the fiscal and attached to and made part of the corresponding information
filed after investigation is sufficient.
2. Seduction/ Abduction/ Acts of Lasciviousness
- Who can file: offended party, her parents/ guardian ( in the order in which they are named).
Prosecution may be conducted by the fiscal on the basis of the complaint filed in the inferior court.
There is no need to file information.
Roc does not require that information filed by fiscal be signed by offended party.
Variance between complaint and information and the evidence
-
Example:
Complaint: forcible abduction
Information filed by fiscal: rape
Thus, in as much as rape is distinct from forcible abduction, said complaint COULD NOT BE
THE BASIS for the court to acquire jurisdiction over the crime actually committed.
Complaint: rape by manner A
Information filed by fiscal: rape by manner B
The court is not divested with the jurisdiction, since it is over the rape irrespective of the
manner of how it was committed.
Sworn statement: abduction with rape ( form part of PI)
Complaint: does not have elements
Information filed by fiscal: forcible abduction with rape.
The court is not divested with the jurisdiction.
Information filed by fiscal: rape by force and intimidation
He cannot be convicted of rape on the ground that woman was unconscious EXP when he
failed to object during the trial.
Father has no preferential right over the mother to file complaint.

If filed by legal guardian, an oath that he is such is sufficient.
If complaint is for attempted rape, court has jurisdiction to try acts of lasciviousness since
attempted rape includes acts of lasciviousness.
Robbery with rape or rape with homicide, the complaint of offended party is not essential.
3. Defamation imputing Adultery/ Concubinage/ Seduction/ Abduction/ Acts of Lasciviousness
- Who can file: offended party
Absent complaint by offended party: corrected without sustaining a motion to quash and dismissal
of the case. Remedy: verified statement of offended filed in court.
Imputing prostitution does not indicate adulterous act and can be prosecuted de officio.
Death of offended party in cases of libel or defamation does not extinguish criminal liability.
Section 6: Sufficiency of complaint or information

pg. 7
Elements of the crime must be alleged to enable the accuse to suitably prepared his defense.
Matter of evidence, as distinguished by facts essential to the description of the offense, need not be
averred. It is a matter of evidence in trial.
Reasonable certainty in the statement of the crime suffices. As long as accused is enabled to
intelligently prepare his defense.
Conviction or acquittal under a fatally defective info for want of certain essential allegation is not
necessarily void WHEN NO OBJECTION appears to have been raised at the trial AND fatal defect
could have been supplied by competent evidence.
Character of the crime is not determined by the caption or preamble of the information nor from
the specification of the provision of law alleged to have been violated, as they may be conclusions
of law, but by the recital of the ultimate facts and circumstances in the complaint or information.
What is important is that the accused is not deprived of his constitutional right to be informed or
the nature of the crime against him.
Alleging Conspiracy:
a) as a crime:
-the act of conspiring and all the elements of said crime must be set forth in the complaint or
information.
- must set firth the facts and circumstances that have a bearing on the culpability and liability
of the accused so that the accused can prepare his defense.
b) as a mode in the commission of the crime:
-use of the words conspire, and the like OR by the allegations of basic facts constituting the
conspiracy in a manner that a person of common understanding would know what is intended,
and with such precision as would enable the accused to completely enter a plea to a subsequent
indictment based on same facts.
-information must state that the accused have confederated to commit the crime or that there
has been a community of design, a unity of purpose or an agreement to commit felony among
the accused.
- if not averred, accused is liable only for his own individual act.
The designation of the offense by the statute must be stated. But absent such, does not vitiate the
information if the facts alleged clearly recites the facts constituting the crime charged.
- The title of information or designation of the offense is not controlling. It is the facts recited
therein that is controlling.
- It is the province of the court alone to say what the crime is or what it is named. Even the
justice of peace during the PI has no authority.
- Allegations prevail over the designation of the offense in the information for conviction of
accused who may be convicted for a graver crime that that titled.
Facts must be stated not conclusions of law.
Section 7:name of the accused

Error in the name or identity of the accused should be raised on arraignment.
Purpose: to enable the court to acquire jurisdiction over the person of defendant.
pg. 8
Verbal motion to correct spelling of name is sufficient.

If he did not raise the error in his name during the arraignment, but actively participated in the
trial, it is deemed a waiver of questioning his identity for the first time on appeal.
Section 8: Designation of offense

Section 9: Cause of Accusation
The rule being remedial and favorable to the accused may be applied retroactively.
Purpose: Essence of the constitutional right of the accused to be informed of the nature and cause
of the accusation against him is that EVERY ELEMENT of the offense must be alleged in the
complaint or information so as to enable the accused to suitable prepare his defense. He is
presumed to have no independent knowledge of the facts that constitute the offense.
TEST : WON crime is described in intelligible terms with such particularity as to apprise the
accused, with reasonable certainty, of the offense charged.
For rape to be qualified as heinous, warranting the imposition of death penalty, the circumstances
of minority of the victim and her relationship with the offender must be BOTH alleged in the
information for rape.
Even if the information alleged that the victim is the natural daughter of the accused, where there
is a difference in their surname, the mere testimony of the victim that the accused is his father is
not sufficient to establish the qualifying circumstance of relationship, even is such relationship
was not denied by the accused.
Roc, now, merely require that the information allege, specify or enumerate the attendant
circumstances mentioned in the law to qualify the offense. These circumstances need not be
preceded by aggravating/ qualifying/ etc to be considered as such.
Effect of variance in mode of commission of crime: special qualifying circumstances that are
required to be specifically alleged in the information.
Real nature of the crime is
determined by the facts alleged in
the complaint or information and
NOT BY THE TITLE
Essential elements inferred from
allegation in the information
-what control is not the designation but the description.

-thus although was called aggravating circumstances in the
information for murder, the same will be considered as
qualifying circumstances.
GR: an inference in the complaint and conclusion can not be
allowed. ( eg. grave abuse of confidence)
Exp:
1. with intent to kill- discernment of a minor can be
inferred.
2. willful damage- includes reckless imprudence
3. unlawful taking and appropriation- intent to gain can be
inferred.
GR: an accused may be EXP: An accused could not be convicted under one act when
convicted of a crime which is he is charged with a violation of another if the change from
more serious than that named in one statue to the other involves:
pg. 9
the title so long as the facts a) a change of the theory of the trial
alleged the more serious offense. b) requires of the defendant a different defense
c) surprises the accused in anyway.
Waiver by failing to object:
-Although initially defective, the criminal complaint was deemed corrected when prosecution
introduced evidence of the qualifying circumstances and the defense did not object, thereby waiving
the procedural defect.
-Waiver must not only be voluntary but must be knowing, intelligent, and done with sufficient
awareness of the relevant circumstances and likely consequences.
-Implied waiver NOT ALLOWED:
1. When information charges no offense at all. For an accused can not be convicted of an offense, even
if duly proven, unless it is alleged or necessarily included in the complaint or information.
2. Where the qualifying circumstance proved is different from the qualifying circumstance alleged in
the information.
3. Where it would result in more serious penalty. Thus, failure to allege a AC or QC, even if proved
without objection cannot be availed of to qualify or aggravate the offense charged.
4. Right to be arraigned can not be waived. There can be no trial in absentia without arraignment.
5. Where it would result in conviction for a more serious offense than the offense charged.
Habitual delinquency:
- Mere statement of HD is a conclusion of law. The information should specify the dates: a)
commission of previous crimes; b) last conviction or release; c) other previous conviction or
release of accused.
Absence of allegations in information of recidivism and habitual delinquency, evidence as to it can
be properly objected to as inadmissible.
Qualifying circumstance of treachery must be specifically alleged and not merely deduced.
An exception need not be alleged. An exception to a general rule in a penal statute is not an
ingredient of an offense, it is a matter of defense which must be proved by accused if he relies
upon it.
-Test to determine won an exception is or is not a matter of defense:
IF the language of the law defining the offense is so entirely
THEN the pleader may safely
separable from the exception that the ingredients constituting
omit such reference, as the
the offense may be accurately and clearly defined without any
exception is a matter of
reference to said exception
defense which must be shown
by the accused.
pg. 10
IF the exception is so incorporated with the language defining

the offense that the ingredients of the offense cannot accurately
and clearly described if the exception is omitted
-
THEN the statute must alled

enough to show that the
accused is not within the
exception.
Example: Opium Law

GR: uses..liable
Exp: save upon prescription of a duly practicing physician, etc.
In violation thereof, the information need not state that the accused is not under the exeption.
Negative allegation is not an ingredient of an offense and need not be alleged.

Where the law distinguishes between two cases of violation of its provision, an information for
violation thereof must specify under which of the two cases the defendants stands accused of.
Robbery with homicide: failure to state in the information that the killing of the victim was
committed by reason of or on occasion of the robbery, does not bar conviction of accused of the
special complex crime of robbery with homicide.
Section 10: Place of the commission of the offense

Purpose: to show territorial jurisdiction
Crimes where place is essential:
a) violation of domicile (A128,RPC)
b) penalty on keeper, watchman, and visitor of an opium den (A199,RPC)
c) trespass to dwelling (A280,RPC)
d) violation of election law ( Election Code)
- general allegation is sufficient. Remedy: Bill of particulars.
Libel cases ( written defamation)
-should contain allegations as to: 1) time when offense was committed; 2) offended party is a
public officer/ private individual; 3) residence of offended at that time; 4) where it was printed
and first published ( if possible, as it will determine venue)
Section 11: Date of the commission of the offense

Crimes where time is essential:
a) Infanticide
b) Violation of Sunday statutes (election law)
c) Abortion
Variance, however, on the date of commission of rape is irrelevant. Time is irrelevant in rape and
violation of the Dangerous Drugs Law.
An information for bigamy must stae the time and place of the second wedding.

pg. 11
Section 12: Name of the offended Party

Name of offended party
- If against person: Complaint or information must state name and surname/ appellation/
nickname/ fictitious name.
- If against property: property destroyed should be particularly described ( if name of offended is
unknown).
- When the offense shall have been described in the complaint with sufficient certainty as to
identify the act, an erroneous allegation as to the person injured shall be deemed immaterial as
the same is a mere formal defect which did not tend to prejudice any substantial right of the
defendant.
- Even if the names of the offended parties are not alleged, if the offense belongs to the class of
harmful ones (eg. illegal practice of medicine), the victims of petitioner should be considered as
offended parties.
- An erroneous allegation as to the person injured is of form which do not tend to prejudice any
substantial right of the accused on the merits.
- When name of the offended party is material (eg. libel), it must be stated.
- In robbery, ownership is not necessary.
- Damage inflicted in estafa need not fall on the same person against whom deceit was directed.
- Robbery with violence against or intimidation of person, the allegation of the owners name in
the information is essential.
- Omission of value in theft cases is not fatal.
- Information for murder is not defective where anothers name not the victims name is placed
in the information. It is merely clerical.
Section 13: Duplicity of Offense

Purpose: so as not to confuse defendant as to which charge will he defend himself with.
If in an information 2 offenses were charged AND defendant makes no objection- prosecution may
then present evidence as to each and court may probably convict defendant as to each and every
charge.
- A motion to quash should be filed, otherwise deemed waived and accused may be convicted for
as many offenses charged and proved setting out separately the findings of fact and law in each
case.
There is no duplicity when in the different act alleged, the sum total of which constitutes a crimes.
Example: each act of conspirators.
There is no duplicity when a single offense may be committed by the use of different means to
charge in the alternative, the various means by which the crime may have been committed.
Example: violation of the medical law ( illegal practice of medicine and illegally advertising
oneself as a doctor)
Single act violating 2 or more statutes. Limit: no person shall be twice put in jeopardy for
punishment for the same offense. In one case, no duplicity when prosecution charged each
petitioner with 4 offenses, with each information charging only one offense.
There is no duplicity in sum of all acts of falsification of cedulas, these facts did not charged more
than one offense.
pg. 12
A person is not charged by the number of counts or paragraphs, but by the specific criminal acts
regardless of their number contained in one paragraph or in one count. But proof of all the acts
included therein is necessary to prove the charge.
If a person is being charged with 4 specific acts under one count, and each constitutes a complete
act of treason by itself independently of the others, the failure of prosecution to prove all does not
entitle the accused to be acquitted of the whole count or of all the charges contained therein when
any one or more of the acts are proved.
Under Anti-Graft and Corrupt Practices Act, the use of the words manifest partiality, evident
bad faith, and gross inexcusable negligence, does not mean that the indictment charges 3
distinct offenses.
Each incident of sexual intercourse and lascivious acts with a child (RA 7610) is a separate and
distinct offense.
Delito Continuado
- There should be plurality of acts performed during a period of time, unity of penal provision
violated, and unity of criminal intent or purpose, which means that 2 or more violations of the
same penal provisions are united in one and the same intent or resolution leading to the
perpetration of the same criminal purpose or aim.
- It appears that there are several crimes but in reality there is only one crime in the mind of the
perpetrator.
-
Example: single larceny rule

Theft of 13 cows/ 17 roosters/ illegal charging of fees by the lawyer for revenue of victimsconstitute only one crime
NOT applied in: thus, separate crimes

a) estafa committed in different occasions
b) malversation and falsification on different occasions
c) robbery and fencing
d) killing 3 persons using a gun, when it is not proved that a single shot killed them
Exceptions to Rule on Duplicity:

A single penalty for various offenses (eg. special complex crime/ complex crime)
Complex crimes: allegations do not necessarily have to charge a complex crime as defined by law.
It is sufficient that the information contains allegations which state that one offense was a
necessary means to commit the other. Where component offenses are not alleged in the
information, it can not give rise to such complex crime.
Necessary means: complex crime
To conceal: separate crimes
When 7 persons committed rape with homicide in conspiracy, each one shall be separately charged
for rape with homicide.

pg. 13
Different criminal intents + committed under different modes of commission + perpetrated by

different acts + consummated on different occasions + caused different injury to different person
= charged as separate crimes.
Principle of absorption
a) possession of opium necessary means for its sale= 1 offense absorbed
b) possession some for sale, some for mere possession= separate offense.
Forcible abduction absorbed in rape
Violation of RPC and special law
- Violation of RPC does not absorb that of violation of special penal laws
- Can not be complexed - thus, there is no crime of illegal possession of firearm used in
homicide. NOT charged separately but illegal possession is NOW AN AGGRAVATING
CIRCUMSTANCE (RA no. 8294 as amended by PD no. 1866)
Note in RA no. 8294 as amended by PD no. 1866, illegal possession of firearm is considered as an
AGGRAVATING CIRCUMSTANCE in the following ONLY:
a) murder/ homicide
b) rebellion
c) insurrection
d) sedition
e) attempted coup d etat
BUT there can be no separate offense of illegal possession of firearm IF there is another crime
committed. ( eg. illegal possession and violation of COMELEC gun ban)
Note: RA no. 8294 as amended by PD no. 1866 is favorable to accused. Thus, it is retroactive.
Reckless Imprudence:
Where damage to property with less physical injuries is caused by one single act, cannot be
complexed, must be separate information, BUT may be consolidated.
Section 14: Amendment or Substitution

W/ or W/o leave of court
Without leave of
Any time before accused enters plea (arraignment)
court
- Substantial or Formal amendment
With leave of court
After(arraignment) and during trial
- Formal amendment ONLY
- And done without prejudice to the right of the accused
TEST: when a defense / evidence before amendment will no
longer be available after the amendment.
( not prejudicial: adds nothing but only clarifies/ does not deprive
accused of any right/ does not affect the essence of the crime)
Any time before accused enters plea (arraignment)
- Substantial or Formal amendment
- But any amendment that downgrades the nature of offense:
There must be motion from prosecutor
Notice to offended party
pg. 14
Court should state reasons for resolving motion with copies of

order to all parties ( make independent assessments)
Only a valid information may be amended.
An information filed before effectivity of a penal law may not be amended after the law has taken
effect.
State witness under the Witness Protection Rule
Rule applies in withdrawing or discharging an accused to be s state witness before plea is entered.
Where amendment is merely formal, a second arraignment need not be made.
Formal Amendment
- all other matters.
GR: Changing of dates in the commission of the
crime in only formal and not substantial.
Additional allegations of habitual delinquency
and recidivism
-ratio:
they do not have the effect of another offense nor
change the jurisdiction
they relate only to the penalty
Additional accused in an offense
Allegation of conspiracy if did not modify the
basic theory of the prosecution (regala vs CFI)
Substantial amendment
- The recital of facts constituting the offense
charged AND determinative of the jurisdiction of
the court.
EXP: date is when substantial
a) when date is an element of the crime
b) when disparity in the dates is great
Allegation of conspiracy if it changes. (pp vs

zulueta)
Changes the crime (eg. robbery under Art209 to
art 302, RPC)
Changes in the items sold
-ratio: accused fails to prepare defense
Deleting the word orally from a charge of grave

threats ( it did not affect the nature of the crime
originally charged )
Where an element (eg. intent to gain) can already
be inferred in the information, it adds nothing.
Amendment to allege offense committed in
relation to office transfers jurisdiction from RTC
to Sandiganbayan BUT does not affect the
juridical nature of the offense.
-ratio: accused was not prejudiced/ surprised
Qualifying circumstances
Amendment from frustrated to consummated
murder due to supervening event
Difference in serial number of firearms
Change in description of wounds
Amendment to alleged that co-accused minors
acted with discernment is only formal as far as
pg. 15
the principal accused is concerned

Correction of name
Amendment to conform with evidence
- Amendment to conform with evidence to be presented during trial is permissible.
-
Amendment by substitution:
Mistake in charging proper offense, court shall dismiss original complaint and ask that a new
one be fled. Accused shall not be discharged but will be made to answer for the proper offense.
LIMIT: made BEFORE judgment AND double jeopardy.
Applies when: accused can not be convicted of the offense charged or of any other offense
necessarily included therein.
Rule 119, section 11

Court initiates substitution to conform with
evidence
Rule 110, section 14

Prosecutor initiates substitution to file the right
offense
Amendment vs Substitution
Amendment
Involves formal or substantial changes
- Amend it
Maybe made before of after arraignment
If made before arraignment: WITHOUT leave of
court
Amendment as to form: no need for PI and rearraignment
Refers to:
Same offense OR of any other offense
necessarily included therein
Substitution
Substantial change
-dismiss then file new one
Same
If made before arraignment: WITH leave of
court
Any substitution: needs PI and re-arraignment
to new information
Refers to:
Different and NOT necessarily included therein
-TEST as to whether or not Amendment/ Substitution:

WON the second information involves the same or an offense necessarily included in the
first information, then it is amendment. Otherwise, substitution.
Note that in substitution, the first charge shall only be dismissed UPON the filing of a new one.
There is no DJ.
Substitution only applies only where there is no judgment yet on the original case.
Limitation to substitution :
a) not judgment has been rendered yet
b) accused can not be convicted of the offense charged or of any other offense necessarily included
therein
c) accused would not be placed in double jeopardy
When title is wrong but the body of the information already charges the accused with the proper
one, substitution is not proper for it would amount to double jeopardy.
No DJ where withdrawal made before arraignment. Thus if substitution is made before
arraignment, no DJ.
pg. 16
When judge believes that instead of offense A, accused is guilty of offense B, he may not order that
it be dismissed it and order refilling. He must render decision as the evidence warrant.
Section 15:Place where action is to be instituted

Purpose: so as not to compel the defendant to move to and appear in a different court as it would
cause him great inconveniencein looking for his witness and other evidence in another place.
Venue is an essential element of jurisdiction.

In criminal proceedings, Improper Venue is lack of jurisdiction.
Thus, unlike in civil cases, it can not be waived.
Where place was not specifically charged, place may be shown by evidence.
- No such question having been raised before final judgment in the TC, but every ingredient of
the crime having been established in the evidence, there was no error committed upon which
to base reversal of conviction.
Power to change venue:

SC has power to determine the most suitable place of trial according to the exigencies or truth and
impartial judgment and to avoid miscarriage of judgment ( 1987 consti).
- Petition to change venue of PI should be addressed to the DOJ Sec who has control and
supervision over the conduct of PI ( a function of the executive dept)
All criminal prosecutions: instituted and tried in the court of the municipality of territory wherein
a) the crime was committed OR
b) where any one of the essential ingredient of the offense took place
c) if committed in a train, aircraft, public or private vehicle in the course of its trip, such places
where vehicle passes during such trip AND the place of arrival and departure
d) crime in violation of PD 532 ( anti piracy or anti- highway robbery law) committed in a jeep, it
may be in the places where vehicle passed during its trip AND the place of arrival and
departure.
e) committed in a vessel, proper court is where the first port of entry or any places which such
vessel passed through during its voyage.
f) Places whre action is to be instituted is subject to existing laws. ( eg, cases falling under the
juris of Sandiganbayan shall be instituted and tried only in such court).
g) Theft of large cattles- crime is triable only where the cattles were taken not where they were
taken since the crime has already been consummated in such place and place where it was
carried away is not an indispensible element of theft.
Transitory and continuing offenses:
- where any one of the essential ingredient of the offense took place
- but first court who takes cognizance excludes all others
- complainant should alleged that the offense was committed within the jurisdiction of the court
and not the place where it was originally committed.
Transitory Offense
One where any of the essential ingredients
took place

Continuing Offense
One which is consummated in one place, yet
by reason of the nature of the offense, the
violation of the law is deemed continuing
eg. libel
pg. 17
Crimes and their venue

Crime
Adultery
Bigamy
Estafa
Comments:
Essential Requisite of Continuous Crime: Adultery
a) there should be a plurality of acts performed separately during a period
of time,
b) unity of penal provision infringed upon or violation,
c) and unity of criminal intent or purpose ( meaning: 2 or more violations
of the same penal provision are united in one and the same intent leadin to
the perpetration of the same criminal purpose or aim)
-adultery is not a continuing offense. The last element missing because the
culprits perpetrate the crime in every sexual intercourse and they need not do
another or other adulterous act to consummate it.
In bigamy, place where first marriage was celebrated is immaterial. What is
important only is that the first marriage subsists when the second marriage
was celebrated. It is the place where the second marriage was celebrated that
must be stated because it is where all the elements were settled
Venue for estafa:
- Estafa is a continuing or transitory offense which may be prosecuted at
the place where any of the essential elements of the crime took place.
- Eg. to remit in Manila, collect in Iloilo- may be tried in manila or Iloilo.
- Estafa by issuing a bouncing check: venue of the offense lies at the place
where the check was executed and delivered to the payee. Because if
check is undelivered is inoperative. It is the delivery of check that
signifies the transfer of possession.
- Estafa by railroad conductor- jurisdiction is vester in the court where
accused made use of the document alleged to be false.
Note: crime of estafa and violation of bp22 are separate offenses. The mere
fact that court has jurisdiction over estafa case does not mean that it also has
jurisdiction over Bp22 case.
Estafa- deceit and damage are essential
Bp22- not essential or required.
Abduction,
a continuing offense
kidnapping
Falsification of a Consummated at the time and place where the document is falsified, WON the
private document document is or is not thereafter put to the improper or illegal use for which
was intended
Perjury
Gist of offense charged is not the making of the affidavit in Manila but the
intention to gice false evidence in Ilo-ilo by means of such affidavit.
Libel
a) Offended party is a public official/ public person- RTC where the libelous
article was printed and first published
b) offended is a private individual- RTC of the province where he actually
resided at the time of the commission of offense.
pg. 18
c) offended is a public officer whose office is in Manila at the time of the

commission of the offense- RTC Manila
Crimes on board
foreign merchant
ships within the
territorial limits
Crimes
committed
outside of the
Philippines
d) offended party is a public officer holding office outside manila- RTC where
he held office at the time of the commission of the offense.
Ph law follows English Rule: such crimes are in general triable in the court of
the country within whose territory they are committed.
Eg.
opium on a ship in transit- ph court has no jurisdiction
opium on ship landed on ph land- ph has jurisdiction
when the exact place where the crimes was committed is unknown and the
strong presumption arises at the trial that it was committed on board a ship
navigating within the water included in the Ph archipelago, Ph court has
jurisdiction ( at one of whose ports the ship or vessel arrives) .
Governed by Article 2, RPC.
Cognizable by the proper court in which the charge is first filed.
Necessary jurisdiction: as the crime was committed within 2 and a half miles of the city limits, the
courts has necessary jurisdiction. ( eg homicide was committed near manila city, CFI manila has
jurisdiction)
Trial of a prisoner should be made within the penitentiary. If brought out needs SC permission.
Section 16: Intervention of the offended party in criminal action

Prosecution of offenses is a public function
There is an implied institution of civil action with criminal action
Purpose of civil action
Punish the offender, reform and rehabilitate him.
Purpose of criminal action
Restitution, reparation of the damage, or indemnification
GR: Offended may personally intervene OR through a counsel ( who will act as a private
prosecutor) thus, his presence is not out tolerance only.
- When he decides to intervene- he is always subject to the direction and control of the
prosecuting official.
EXP: ( may not intervene)
1) offended waives his right to civil action
2) expressly reserves his right to institute it in an independent civil action.
3) actually instituted the civil action
Right of notice to offended: he is entitled to be notified and heard on motions filed in the criminal
proceedings especially when there is a conflict in the positions between the public prosecutor and
of the offended party.
pg. 19
Govt or any of its instrumentalities, subdivisions, or agencies can be the offended party.
Right to file motion for revival of case is not with the witnesses even the complaining witnesses.
Thus motion filed by them should be summarily dismissed. Their only function is to testify. Case is
now under the control of the fiscal.
Legal personality of offended party:
Rule: SolGen- one who brings and defends actions on behalf of RP
But the private offended party RETAINS the right to bring a special civil action for certiorari in his
own name in criminal proceedings before the court of law.
And also the legal personality to file a motion for reconsideration of an order of dismissal.
RULE 111:Prosecution of Civil Action

Section 1: Institution Criminal and Civil Actions
Art 100 RPC: every person criminally liable shall also be civilly liable.
-Every crimes gives rise to:
1) a penal or criminal action for the punishment of the guilty party AND
2) also to civil action for the restitution of the thing, repair of the damage and
indemnification for the losses.
An act or omission may give rise to two separate liabilities:
a) civil liability (ex delito)
b)independent civil liabilities
- not arising from an act or omission complained of as a felony ( culpa contractual, culpa
aquiliana)
- where the injured party is granted a right to file an independent and distinct criminal action
- A and B may be enforced against offender SEPARATELY or SIMULTANEOUSLY.
LIMIT: ART 2177 NCC: plaintiff can not recover twice for the same act or omission.
-
In cases of negligence, the offended has the choice between an action to enforce civil liability
arising from crime under the RPC and an action for quasi-delict under the NCC.
Principle allowing separate civil actions is not allowed in violations of BP Blg. 22.
- Ratio: declog court dockets because courts are used by creditors as debt collectors.
Note:
a) violation of Bp22- criminal case- punish violator > thus, may not file separate civil case
b) violation of Bp22- compromise agreement- violated- breach of contract- > thus, may institute
separate civil case ( for collection of money)
-
However, private complainant cannot be deprived of the right to intervene to protect his
interests in the criminal action.

pg. 20
PD 1606: Proceeding before the Sandiganbayan, civil and criminal liability shall AT ALL TIMES be
deemed jointly instituted. No right of reservation. Any separate civil action already filed, shall be
transferred to Sandiganbayan ang consolidated. Provided, the Sandiganbayan has jurisdiction.
Civil liability arising from crime includes:
a) Moral
b) Exemplary
c) Loss of earning capacity
d) Attys fees ( if a separate civil action has been filed or when exemplary damages are
awarded)
Failure to allege damages in the complaint or information- no legal consequence. Civil liability is
deemed instituted.
Reservation:
-
Purpose: to avoid recovering of damages twice.
When made: BEFORE the prosecution starts to present its evidence AND under the
circumstances affording the offended a reasonable opportunity to make such reservation.
-ratio: to give time and opportunity to offended to make reservation.
How: express or implied.

eg of implied:
-Court fails to make any pronouncement as to the civil liability of accused.
-Filing of a civil case before the prosecution presented evidence in the criminal action and
judge was informed about it.
Effect of reservation:
Prescription of action does not prescribe for the civil action that have been reserved in the
criminal action.
GR: civil action which has been reserved can not be instituted until final judgment has been
rendered in the criminal case
Exp: Art 32, 33,34, and 2176 of the NCC.
Note: they may be consolidated with crim action but subject to jurisdictional constraints and
court consolidating them has jurisdiction on both.
Waiver:
Civil liability arising from a crime may be waived
A criminal case is not the proper proceeding to determine the private complainants civil
liability to accused, if any.
- thus, any cross claim, 3rd party complaint by accused can be filed. It should be subject
to a separate action.
Example:
A filed case against B for libel.
B files malicious imputation against A.
Both cases should be separate.
pg. 21
Separate action by accused:

Accused may file a separate civil action based on quasi delict arising from the same
incident and may proceed simultaneously and independently of the criminal case
against him.
Limitation:
When the contract that is the source
Can not
offile an independent action.
accused coa to file a separate action is a Thus a contract entered into that is
illegal contract
manifestly and grossly disadvantageous to
-Since it is illegal it cannot create any valid the govt is declared to be unlawful.
obligation.
Thus Sandiganbayan should first determine
is the contract is illegal or legal before the
action of accused can proceed.
When the civil action is cased on a The action can proceed independently.
contract that can remain valid even if its
violation may constitute a crime
Subsidiary Liability
Rule: subsidiary liability of the employer, inlucing the amounts, may be determined in the same
criminal proceeding and is reviewable either by writ of error or through a petition for review on
certiorari on pure questions of law.
Such an appeal is governed by the rules on criminal procedure since it is a CONTINUATION of
the civil proceedings in the same case.
Provided: that a criminal action is instituted and the subsidiary liability of the employer is
proved.
Any judgment ( even amounts) on the subsidiary liability of the employer is conclusive upon
the employer and no appeal by the employer can be had.
But employer must be afforded due process to prove:
a) existence of an er-ee relp
b) er is engaged in some kind of agency
c) ee is adjudge guilty of the wrongful act and found to have been committed the offense in the
discharge of his duties ( not necessarily any offense he may commit)
d) that said employee is insolvent
Filing Fees
-filing fees in estafa cases shall be paid within 15 days following the filing of the information that
the civil liability arising from the crime has been or would be separately prosecuted.
-when civil action is deemed instituted with the criminal action
Amount of damages not When offended party seeks to enforce civil liability against accused,
alleged or amount of the filing fees for such civil action shall constitute a first lien on the
parameters set
judgment except in an award for actual damages.
Amount of damages alleged The corresponding filing fees shall be paid by the offended party
upon the filing thereof in court for trial.
Section 2: when separate civil action is suspended

pg. 22
Civil action contemplated here: that arising from a crime. One which can not be instituted until the
final judgment in the criminal action OR when instituted needs to be suspended.
No suspension if civil action does not arise from the crime
What is suspended is those civil liability arising from delict and NOT SUSPENSION for civil action
based on quasi-delict OR culpa aquiliana (negligence).
Consolidation
Facts:
1.A filed for specific performance to compel the B to deliver title of lot to him that was paid for.
2. later A filed a criminal action against B fro violation of a special penal law.
3. A moved for consolidation. TC granted. CA reversed. SC affirmed TC.
Issue: Q: may consolidation of civ with the crim be allowed where the civ is not to enforce civil
liability arising from a crime?
Held. Apply Rule 31 not Rule 111.
Court may order several actions pending before it to be consolidated where they arise from the
same act, event, or transaction, involve the same or like issues and depend largely or substantially
on the same evidence, provided that the court has jurisdiction over the cases to be consolidated
and that a joint trial will not prejudice any of the parties.
Ratio: avoid multiplicity of suits.
Effect of Judgment on Acquittal
GR: Extinction of penal action DOES NOT carry with it extinction of Civil Action.
Exp: if there is a finding in the penal action that the act or omission from which the civil liability
may arise did not exist. ( BUT this civil liability refers ONLY to that arising from the offense which
is deemed instituted with the criminal case)
-It is the duty of court to award civil liability unless there is a finding in the penal action that the
act or omission from which the civil liability may arise did not exist.
failure to do such: may be compelled by mandamus and the case be remanded to lower court to
determine the civ liability.
acquittal in crim case does not bar continuation of the civil case connected therewith where:
a) acquittal is based on reasonable doubt (exception, finding of no negligence: thus bars
civil liability)
b) the decision contains a declaration that the liability of the accused is not criminal but
only civil
c) civil liability is not derived from or based on the criminal act of which the accused is
acquitted.
When no reservation was made AND accused was acquitted:
Civil action based on a crime:
Does not deprived plaintiff to file civil action. Insufficiency of evidence to support a criminal case
DOES NOT IMPLY that there is no sufficient evidence to support the civil case based on the same
alleged act. Such civil action may be supported by preponderance of evidence. UPON the
defendants motion, the court may require plaintiff to file a bond to indemnify the defendant in
case the complaint should be found to be malicious.
pg. 23
Kinds of Acquittal under criminal proceeding

1. Acquittal on the ground that the accused is not the author of the act or omission complained of.
- no civil action because accused has no fault.
2. Acquittal based on reasonable doubt on the guilt of the accused.
- there may be civil liability which may be proved by preponderance of evidence only.
-however, the judgment in the criminal proceeding cannot be read in the civil case to establish any
fact there determined, even though both actions involve the same act or omission. Ratio: parties
are different and different rules on evidence are applicable.
Section 3: when civil action may proceed independently

May proceed independently thus may be filed simultaneously, Art 32-34, and 2176 of the NCC.
Section 4: Effect of death on civil actions

Death of accused when
Dies before arraignment
Effect on civil actions

Case shall be dismissed without prejudice to any civil action the
offended party may file against the estate of deceased.
Dies after arraignment and Shall extinguish the civil liability arising from the delict
during trial
BUT Independent civil actions may be instituted against estate
Dies during appeal
Civil liability based on the crime shall be extinguished.
Civil liability based on law, contract, quasi-contract and quasi0delicts,
will proceed. Thus may be enforced against estate.
Section 5: Judgment in civil action not a bar

While every person criminally liable is also civilly liable, the reverse is not true.
GR: a civil action absolving the defendant from civil liability is NO BAR to a criminal action.
Exp: the civil action is a prejudicial question which involves an issue similar or intimately related
to the issue raised in the criminal action.
The resolution of which determines won the criminal action may proceed.
Section 6: Suspension by reason of a prejudicial question

Section 7: Elements of prejudicial question
Rule on precedence of criminal action does not apply when the civil action is a prejudicial
question.
GR: criminal action must proceed first before civil action.
Exp: prejudicial question.

pg. 24
Prejudicial question: involves a similar issue in a civil action which was pending when the criminal
action was instituted or before the amendment, in a civil action filed after the institution of the
criminal action.
It is based on a fact distinct and separate from the crime but SO INTIMATELY CONNECTED
with it that it determines the guilt of innocence of the accused.
Existence of PQ must be alleged in a crim case so as to suspend it.
Civil case
Cases:
Criminal case
action for nullity of deed of

sale based on the ground that
it is forgery and spurious.
Intestate
proceeding
(partition)
Estafa based on execution

of said sale
Theft of crops by a person

claiming to have a valid
contract of lease from legal
owner
against
person
claiming co-ownership of
the land leased whose claim
is pending said intestate
proceeding.
Ejectment
Theft filed by a lessee
against a person claiming
co-ownership
with
the
lessor
Civil action for accounting 75 counts of estafa
and recovery of sum of money
Comment:
Q: is the civ case determinable of the
guilt ot innocence of the accused?
Prejudicial question.
-If said DOC is void: no double sale,
thus accused is free from estafa case.
NOT PQ
-If said partition is annulled or not, it
will not be determinative of criminal
liability.
NOT PQ
-not be determinative of criminal
liability.
NOT PQ
-not be determinative of criminal
liability.
Annulment of DOS
Estafa for issuance of -even if DOS is annulled the obli to pay
rubber check ( pursuant to subsists at the time it was presented
said DOS)
and dishonored.
Collection of sum of money Embezzlement
NOT PQ
allegedly embezzled
-Both cases have diff issues. In the
Civ case: right to recover money
Crim case: failure to account
-Independent civ action under art 33,
NCC
Annulment
of
second bigamy
PQ
marriage filed by husband (
-Determinative of guilt
ground: involuntary)
If annulled bec involuntary: not guilty
of bigamy
If not annulled: guilty of bigamy
Annulment
of
second bigamy
NOT PQ
marriage filed by 1st and 2nd
-It was the man who was forced into it.
wife by reason of force/
He was the one who was formerly
intimidation upon her
married and contracted a second one.
Annulment of marriage on Concubinage/ bigamy
NOT PQ
ground
of
psychological
-because when one contracts another
incapacity
marriage
BEFORE
the
judicial
pg. 25
declaration of nullity of 1st marriage, is

guilty of bigamy.
- bigamy already consummated.
for PQ
Action involving title to Criminal

action
property
damages to said property
IF it is a criminal case
THEN Admin case
IF it is a civil case
THEN Admin case
IF it is a Admin case
Then Civil case
Action to cancel copyright
Infringement
Action prejudicial
theft
Authenticity of motion to Falsification charge in the
withdraw in the CA
CFI
Cadastral
Falsification of affidavit
presented in a cadastral
case
Civil action instituted to Anti graft law (premised on
resolves won the designations accuseds partiality and
of certain persons as sectoral evident bad faith in not
reps were in accordance with paying the formers salaries
law
as sectoral representatives
NOT PQ
May be PQ
NOT PQ
NOT PQ
PQ
PQ
PQ
RULE 112: preliminary investigation

Section 1: Preliminary Investigation Defined
Purpose:
a) To determine if a crime has been committed
b) To protect the accused from the inconvenience, expense, and burden of defending himself in a
formal trial UNLESS the reasonable probability of his guilt shall have been first ascertained in
a fairly summary proceeding by a competent officer.
c) To secure the innocent against hasty, malicious, oppressive prosecution and to protect him
from an open and public accusation of a crime, from the trouble, expenses, and anxiety of a
public trial
d) To protect the state from having to conduct useless and expensive trial.
Scope: determine only if a crime has been committed AND won there is a probable cause to believe
that the accused IS GUILTY THEREOF.
Right to PI is fundamental and substantive right. It may be expressly and impliedly waived. It
belongs rightly to the accused, he alone may waive it. Absent such, denial of due process.
Pi is not part of the trial. The validity of merits of defense or accusation AND admissibility of
testimonies and evidences are better ventilated in the trial not in the PI.
Right may be waived: by failure to invoke the right PRIOR TO or AT LEAST at the time of
ARRAIGNMENT. Thus, it may not be raised after arraignment and for the first time on appeal.

pg. 26
When properly invoked, no waiver. Right is not waived even if applied for bail as long as he had
been asking for it since before the arraignment.
Presumption of regularity: in the absence of proof to the contrary, court shall presume that officer
or fiscal conducted PI in accordance with law.
Where NEW PI is needed:
GR: after PI and case dismissed, the fiscal cannot file another information based on same PI. He
must conduct another PI.
EXP: no need for new PI
a) when original information was not dismissed.
b) When after amendment there has been no change in the nature ( not substantial
amendment) of the crime charged
c) Where amendment is merely formal
d) If the crime originally charged is related to the amended charge such that an inquiry into
one would elicit substantially the same facts that an inquiry to another would reveal
e) Tanodbayan of a case under review by it
If PI is null and void on its face for lack of authority to file the same, a new PI is needed.
NO right to PI:
When under section7, rule 112 when a person is lawfully arrested UNLESS there is waiver of
the provisions of ART 125, RPC.
Section 2: Officers authorized to conduct PI

BP blg 129: may conduct PI= Judges of MeTC (exp NRCR) and Judges of MTC
Amended by AM 05-8-26-SC: first level courts no longer have authority to conduct PI.
persons who may conduct PI:
a) Prov and City Prosecutor
b) Prov and City Prosecutors assistants
c) National and Regional state prosecutors
d) Presidential Commission on Good Governance ( PCGG)
Office of solicitor general is empowered to file and prosecute all cases investigated by it.
PCGG shall file before the Sandiganbayan ( ill gotten wealth and anti graft and corrupt
practices cases assigned by the Ph President)
General power of investigation consists of 2 stages:
a) criminal investigation: fact finding inquiry conducted by law enforcement agents, whereby
they gather evidence and interview witnesses and afterwards asses the evidence so that, if they
find sufficient basis, they can file a complaint for the purpose of PI.
b) Preliminary investigation: to ascertain if there is sufficient evidence to bring a person to
trial.

pg. 27
If PCGG conducts a, it can not conduct b. It is not allowed that person who conducted the
criminal investigation be the one to conduct pi. One cannot be the prosecutor and judge at the
same time.
e) Officers authorized by law:
e.1) COMELEC on all election offenses punishable under the Omnibus election code
e.2) Other govt prosecuting arm deputized by COMELEC
e.3) Ombudsman over Sandiganbayan cases and regular court cases criminally prosecuting
public officers and employees IN RELATION TO THEIR TO THEIR OFFICE.
-ombudsman s power over sandiganbayan cases:
power to investigate-exclusive authority
power to file needs ombudsmans approval before filed
power to prosecute- exclusive authority
- PI conducted by the ombudsman need not strictly follow Rule 112
-Ombudsman has full discretion as to won file the case before the Sandiganbayan. Regular
courts may not interfere with it. No injunction may be enforced against Ombudsman
UNLESS outside jurisdiction.
- NO court shall hear any appeal or application for remedy against Ombudsman decision
except the SC, on pure questions of law.
-Remedy: certiorari with the SC, NOT with CA.
-But after it is filed with SB, it is the latter that has full control over the case.
e.4) Special prosecutor (tanodbayan)
Ombudsman
Tanodbayan
- authority is plenary and unqualified

- may delegate investigatory function to
tanodbayan
-merely a component of the office of the

ombudsman
- acts under its supervision
- PI and prosecute: limited to
sandiganbayan cases
-authority is limited
-may not delegate
- not authorize to file unless authorized by
ombudsman
Anti Money Laundering Act of 2001

2 kinds of cases: 1. Criminal action for AMLA and 2. Civil forfeiture proceeding
1. Criminal Action
Money Laundering: a crime whereby the proceeds of an unlawful activity are transacted,
thereby making it appear to have originated from legitimate sources.
Jurisdiction: RTC. But those commited by public officer/ ees shall be under the
Sandiganbayan.
2. Civil Forfeiture
- may be instituted by RP through ALM Council represented by OSG.
-venue: RTC having jurisdiction
pg. 28
Section 3: Procedure
1st
To be filed:
a) Complaint should state address of respondent, accompanied by affidavits of the complaint and his
witness and other supporting documents to establish probable cause.
b) Copies: as much as there are respoendent PLUS 2 for official file.
c) Affidavits shall be subscribed and sworn before any prosecutor or government authorized to
administer oath, or notary public,
-officer to whom affids are sworn must: personally examine the affiants and should be satisfied
that they voluntarily executed and understood their affidavits.
Within 10 days after filing, investigating

officer may
TO ISSUE to respondent: when there is a ground. Subpoena AND
complaint and supporting affidavits
DISMISS: when finds

no ground to continue
with investigation
- respondent shall have the right to examine the evidence submitted

and to copy it at his expense. Object evidence shall be available for
examination.
Within 10 days after receipt of subpoena, respondent shall

submit his counter affidavit and that of his witness and other
supporting documents. BUT he can not be compelled to
submit.
- must be subscribed, sworn and certified.
- respondent NOT ALLOWED to file motion to dismiss.
-
PI ex parte.
If not subpoenad or does not submit
counter affid within 10 days,
investigating officer shall resolve the
complaint based on the evidence
presented by the complainant.
Clarificatory Hearing:
-Investigating officer may set a hearing if there are facts and issues to be clarified.
-Parties can be present at the hearing BUT without right to examine or cross-examine. BUT they may submit
to the investigating officer questions which may be asked to the party or witness concerned.
- hearing shall be held within 10 days from submission of affids and documents of expiration of 10 days to
submit the same.
-terminated in 5 days
10 days after, the investigating officer shall determine won there

is sufficient ground to hold the respondent for trial.

pg. 29
The proceedings are considered as judicial in nature and not a quasi-judicial proceeding.
DOJ is not a quasi-judicial agency and is not exercising a quasi-judicial function when it reviews
the findings of public prosecutors regarding presence of probable cause.
Thus, its findings are not appealable to CA under Rule 43. The same is appealable to the office
of the president.
Probable Cause under PI
Is the existence of such facts and circumstances as would excite the belief in a reasonable mind,
acting on the facts within the knowledge of the prosecutor, that the person charged was guilty
of the crime for which he was prosecuted.
Determination: a finding of probable cause needs only to rest on evidence showing that more
likely than not a crime has been committed by the suspects.
GR: Determination is no a SC function.
Exp:
a. to afford adequate protection to the consti right of the accused
b. necessary for the orderly admin of justice and avoid multiplicity of suits
c. prejudicial question
d. acts of officer are without or in excess of authority
e. prosecution is under an invalid law, ordinance, regulation
f. double jeopardy is apparent
g. court has no jurisdiction over the case
h. persecution rather than prosecution
i. charges are manifestly false and motivated by revenge or lust
j. clearly no prima facie case against the accused and a motion to quash on that ground
has been denied, and
k. PI has been issued by SC to prevent the threatend and unlawful arrest of petitioners
It need not be based on clear an convincing evidence of guilt.
No need to set investigation for clarificatory questioning The decision to call witnesses for
clarificatory questions is addressed to the sound discretion of the investigator and investigator
alone. Remember that PI is not a part trial.
GR: RTC judges no longer have authority to conduct PI since it is not a judicial function but
executive (prosecutor). But they may still conduct a PI for issuance of a warrant of arrest or search
warrant.
Exp: irregularity amounting to lack of PI or no PI at all, TC may conduct its own.
RTC judge
Preliminary
To issue warrant (arrest/search)
Investigation
-Not subject to judicial review except in the regular course of
appeal.
- finding of PP is not binding upon RJ bec different purpose.
- it is not necessary for the RJ to examine all records of the
PI in determining the Probable cause.
Public prosecutor
To file information or not
If accused does not have counsel during PI- irregularity amounting to lack of PI. Thus, must be
raised before trial. When raised, TC will not dismiss info but will conduct its own PI or require
fiscal to conduct it.
- Absence/ irregularity of PI is not a ground for motion to quash information.
pg. 30
Court is entitled to discovery procedure during PI. BUT the same is dispensable.
The preliminary designation in the offense is only directive of the true nature of the offense
charged.
PI ex parte.
Presence of the accused in the PI is not mandatory. What is important is that efforts were
made to reach him.
However, accused is still entitled to be notified of the proceedings.
Absent notification- irregular PI.
PI must be COMPLETED
Motion for reconsideration/ reinvestigation
Filed by a accused in an irregular PI before the information is filed in court.
If info already filed in court, motion shall not be entertained EXCEPT when the court orders
otherwise.
Under Military law, PI is governed by the Articles of war. Charges and specifications must be
signed by a person subject to military law, and under oath either that he has personal knowledge
of, or has investigated the matters set forth therein and that the same are true in fact, to the best of
his knowledge and belief.

pg. 31
Section 4: Resolution of investigating prosecutor and its review

2nd
10 days after, the investigating officer shall determine won there
is sufficient ground to hold the respondent for trial.
If investigating prosecutor (IP) finds cause to

hold respondent for trial
Otherwise, he shall
recommend
dismissal
Dismissal
(but recomm is only
directive upon court)
He shall prepare the resolution and information

- he shall certify under oath in the information that he, or as shown by the record, an authorized officer, has
personally examined the complainant and his witness
- that there is a 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
-that he was given an opportunity to submit controverting evidence
Remedy when DOJ

sec refuses filing of
case: Art 35,NCC.
5 days from resolution:

-Ip shall forward the case to the Provincial or city prosecutor,
chief state prosecutor, OR ombudsman or deputy ( in
Sandiganbayan cases)
10 days from their receipt:

- Provincial or city prosecutor, chief state prosecutor OR
ombudsman or deputy shall act on it and inform parties of such
action
No complaint/
information may be
filed OR dismissed
without the written
authority or
approval of
Provincial or city
prosecutor, chief
state prosecutor OR
ombudsman or
deputy
When IP recommends dismissal

BUT DISAPPROVED by Provincial or city prosecutor, chief state prosecutor
OR ombudsman or deputy
: Disapproved in the ground: there is a probable cause
The Provincial or city prosecutor, chief state prosecutor OR ombudsman or

deputy shall: 1) file an information against resp; OR 2) direct another
assistant prosec or state prosec to do so without conducting another PI

pg. 32
Right of party to APPEAL: Upon petition (petition by review) by proper party: the DOJ sec
reverses or modifies the resolution of the Provincial or city prosecutor, chief state prosecutor OR
ombudsman or deputy, he shall:
a) direct prosecutor concerned to file the info without a new PI; OR
b) dismiss
c) move for dismissal of the info
-Note that the arraignment shall be suspended but shall not exceed 60 days counted from the
filing of the pet for review (sec 11, Rule 116) shall not apply as provided by DOJ circular 70.
the DOJ sec, as far as practicable, should refrain from entertaining a petition for review of
appeal from the action of the fiscal, when the complaint or information has already been filed
in court.
Once a petition for review is filed with the DOJ it is necessary that the RTC suspend its
proceedings (dismissal of the case and arraignment) until after the DOJ sec had resolved the
motion with finality, including consideration of the moition of the fiscal of a 2nd amended
information
However, one a motion to dismiss or withdraw information is filed in court, the judge may
grant or deny it in the exercise of judicial discretion.
Resolutions of the DOJ secretary is appealable administratively to the office of the president
where offense charged is punishable by reclusion perpetua.
Officer conducting PI must be impartial.
Discretion of IP (investigating prosecutor): to determine the specifity and adequacy of averments
of the offense charged and to institute a criminal action.
GR: Mandamus will not lie to compel the public respondent to file an information against
private respondents if no grave abuse of discretion.
Exp: (mandamus/ certiorari) when arbitrary and oppressive choices/ grave abuse.
Lack of certification by fiscal of the PI: does not vitiate the information. PI not essential part of the
information. Absence of PI certification is waived by failure to allege it before plea.
-Remedy: motion RTC, who will suspend the proceedings and order fiscal to conduct PI.
Absence of PI= not a ground to quash complaint or information and warrant of arrest and does
not affect the courts jurisdiction. It is only a procedural defect and may be cured by asking the
court to have it done.
Note: in one case, trial was suspended for lack of PI, accused was allowed to be released on bail.
GR: If warrant already issued and no PI, Habeas corpus is not the proper remedy. A motion to
quash warrant is the proper remedy or ask for a PI.
Exp: accused illegally detained
If no PI, the accused must:
a) refuse to enter a plea upon arraignment and object to further proceedings upon such ground
b) insist on PI
pg. 33
c) file certiorari if refused

d) raise lack of PI as error on appeal
e) file prohibition
Delay in conducting PI:
Violative of due process, and speedy disposition of cases.
Section 5: When warrant of Arrest may issue

3rd
By RTC and MTC
1. Within 10 days from the filing of the complaint or information (even if
already arrested)
2. Judge shall personally evaluate the resolution of the prosecutor and its
supporting evidence
3.a. NO probable cause- dismiss the case ( without prejudice)
-Accused may file a motion to dismiss on the ground of lack of probable cause.
3.b. YES probable causea)issue a warrant of arrest
b) commitment order- if already arrested pursuant to a warrant issued by a
judge who conducted the PI OR when information was filed pursuant to a
lawful arrest
3.c. IN DOUBT of probable cause: judge to order prosecutor to present
additional evidence within 5 days from notice and issue must be resolved
within 30 days from filing of information.
When not
necessary
1)When under
detention
pursuant to a
warrant issued
by MTC
2) complaint or
info filed
pursuant to a
lawful arrest
without warrant
(Sec 6, Rule 112)
3) penalized by
fine only
-if petitioner fails to adduce additional evidence, the case may be dismissed for
failure to prosecute.
There is no need to conduct hearing to determine probable cause.
Warrant of arrest: legal process issued by a competent authority, directing the arrest of a person/s
upon grounds stated therein. Directed to regular officers of the law, but occasionally, it is issued to
a private person named therein.
John Doe Warrants: issued against John Doe whom the witness to the complaint could not
identify are in the nature of a general warrant. VOID because they violate consti.
In issuing warrant, judge:
a) judge shall personally evaluate the report and supporting documents submitted by the fiscal
regarding the existence of a probable cause and on the basis thereof, issue a warrant of arrest OR
- the fact that the judge took him only a few hours to evaluate, does not mean that he did not do it
personally.

pg. 34
b) if on the basis thereof he finds no probable cause, he may disregard fiscals report and requires
the submission of supporting affidavits of witness to aid him in arriving at a conclusionas to the
existence of probable cause.
- there is NO LAW/RULE requiring the issuance of an order of arrest before a warrant of arrest.
Absence of probable cause for issuance of warrant is not a ground for the quashal of the
information BUT is a ground for the dismissal of the case. ( dismissal without prejudice).
TC is MANDATED to immediately dismiss the case upon finding that no probable cause exist.
Section 6:When accused lawfully arrested without warrant

2 situations under this section:
COMAPLAINT / INFO NOT FILED
a) when a person is lawfully arrested without a
warrant for an offense that requires a PI and NO
complaint or info has been filed.
-accused may ask for a PI but must waive A125,

RPC. But PI must be terminated within 15 days
from inception.
- before it is filed: he may ask for bail
COMPLAINT/ INFO FILED

b) when a person is lawfully arrested without a
warrant for an offense that requires a PI and
complaint or info has been filed by the offended
party, peace officer, or fiscal WITHOUT the PI
- accused may within 5 days from the time he

learns of the filing of info, ask for PI with same
right to adduce evidence in his favor.
- does not exercise it within 5 days- waived.
- after it is filed: he may ask for bail
Inquest:
an informal and summary investigation conducted by a public prosecutor in criminal case
involving persons arrested and detained without the benefit of a warrant of arrest issued by the
court for the purpose of determining won said persons should remain under custody and
correspondingly be charged in court.
Steps: custodial investigation:
1. accused arrested without warrant
2. arresting officer to bring arrested to the inquest fiscal
3. inquest officer shall determine won said persons should remain under custody and
correspondingly be charged in court.
4. person arrested shall sign custodial investigation report, if he can not read or write, it shall
be read and explained to him by his counsel.
Preliminary investigation
Not yet arrested.
fiscal
Purpose: to put into trial
Inquest (custodial investigation)

Already arrested
Inquest officer
Purpose: to retain in detention
waiver of illegal arrest:

-accused may be stopped to question the illegality of the arrest by entering a plea of not guilty without
moving to quash the information on such ground.
pg. 35
Irregularity
of arrest
Waived
Raised:
not
waived
irregularity of arrest is cured by voluntarily submitting himself to the

courts jurisdiction by entering a plea of not guilty and by participating in
the trial.
when warrant of arrest is void for want of probable cause, the appropriate
remedy is certiorari and prohibition with prayer for the issuance of TRO
rather than actively participating in the proceeding.
Section 7:Records
Section8 : Cases not requiring a preliminary investigation
nor covered by the Rule on Summary Procedure
Case that does not

require PI
Case that does not

fall under Rules of
summary
procedure
Sec 3 (a): To be filed:

a) Complaint should state address of
respondent, accompanied by affidavits of the
complaint and his witness and other
supporting documents to establish probable
cause.
b) Copies: as much as there are respoendent
PLUS 2 for official file.
c) Affidavits shall be subscribed and sworn
before any prosecutor or government
authorized to administer oath, or notary
public,
-officer to whom affids are sworn
must: personally examine the affiants
and should be satisfied that they
voluntarily executed and understood
their affidavits.
1. prosecutor
-act on it within
10 days from
its filing. (he
may dismiss it
or file it in
court.
Case shall be
filed in court
by
2. offended
party to the
MTC
3 Options of the judges in the issuance of warrant of arrest:

1. if judge finds:
a) no sufficient ground to hold the respondent for trial: dismiss the complaint of information.
b) sufficient ground: issue warrant of arrest OR commitment order.
2. no probable cause: ask for additional evidence to aid him in determining the existence of
probable cause.
3. issue summons (instead of warrant), if it is satisfied that there is no necessity of placing the
accused under immediate custody.
Personal Examination: RA 3838 does not prohibit the municipal judge from adopting the
questions asked by a previous investigator.
Searching questions and answers: to determine won there is a reasonable ground to believe that
and offense has been committed and the accused is probably guilty thereof so that a warrant of
arrest may be issued and the accused held for trial.
pg. 36
-Shall inquire: nature of offese, date, time and place of its commission, motives, subj, age,
education, status, financial and social circumstances, etc.
Preliminary examination (ex parte)
Not an essential part of due process.
This may be conducted by the MTC judge, prior to the issuance of warrant of arrest, either in
the presence or absence of the accused.
There is no need of warrant or bail in cases covered by the Rules on Summary Procedure.
RULE 113: Arrest

Section 1: arrest
Section 2: How made
Arrest signifies restraint on person, depriving one of his own will and liberty, binding him to
become obedient to the will of the law.
No unnecessary or unreasonable force shall be sued in making arrest. Otherwise, criminally liable.
Arrest of Notorious criminal: must be taken by storm without regard to his right to life which he
has by such notoriety already forfeited. Calls for a redoubled official alertness and vigilance.
A police officer, in the performance of his duty, must stand his ground and cannot, like a private
individual, take refuge in flight, his duty requires him to overcome his opponent.
Section 3: Duty of arresting officer

Person arrested is deemed placed under custody of law
Section 4: execution of warrant

Rule does not require the return of the warrant but only a report to the judge.
A warrant of arrest does not become stale of FUNCTUS OFICIO unlike a search warrant which is
valid only for ten days.
Warrant of arrest remains valid until arrest is effected of the warrant lifted.
Section 5: Arrest without warrant; when lawful

(a) in flagrante de
licto
(b) hot pursuit
Facts constituting probable cause occur in the presence of the

arresting person
Knowledge of the facts occurred after the commission of the crime.
Personal knowledge of facts

constituting probable cause
in arrests without warrant
must be based upon probable
cause, which means an actual
belief a reasonable grounds
ofmy
suspicion.
I will live
life to the fuNNiest. (Warlita Bee, 2014)
Ground of suspicions are reasonable when, in

the absence of actual belief of the arresting
officers, the suspicion that the person to be
arrested is probably guilty of committing the
offense is based of actual facts
A reasonable suspicion must be founded

on probable cause coupled with good
faith on the part of the officers making
the arrest.
pg. 37
In Flagrante Arrests- (a) for crimes committed in the presence of arresting person
-Probable cause in In Flagrante cases:
a) person to be arrested must execute an overt act indicating that has just committed, is actually
committing or is attempting to commit a crime
overt act- physical activity or deed indicating the intention to commit a particular crime, more
than mere planning or preparation, which is carried out to its complete termination following its
natural course, without being frustrated by external obstacles nor by the voluntary desistance of
the perpetrator, will logically and necessarily ripen into a concrete offense.
b) such over act is done in the presence or within the view of the arresting officer. But not just
mere presence, he must have personal knowledge of such commission.
The knowledge must precede the arrest. Knowledge must be at the time, not after, arrest.
At the time he was arrested, accused was not committing a crime, to rouse suspicion. Thus
warrantless arrest is not allowed.
Arrest is unlawful where there was no urgency and there is opportunity to obtain warrant. But
mere time to obtain a warrant not sufficient to invalidate a warrantless arrest. To be considered
likewise is won a warrant be issued under the circumstances. ( eg. when investigative report is
not sufficient for the issuance of a warrant)
Mere suspicion is insufficient. It must be supported by actual facts.
Reasonable ground based on tip of informer + witnessed the criminal act= valid warrantless
arrest.
Continuing crime principle justifies warrantless arrest

The crimes of insurrection, rebellion, subversion, conspiracy or proposal to commit such
crimes, and other crimes and offense committed in the furtherance on the occasion thereof, or
incident thereto, or in connection therewith, are all in the nature of continuing crime and are
direct assault against the state. Arrest of any of accused in this crimes are thus justified.
Jurisprudence: there is probable cause in the following
a) where the distinctive odor of mj emanated from the plastic bag carried by accused
b) where an informer positively identified the accused who was observed to have been acting
suspiciously
c) where the accused fled when accosted by policemen
d) where the accused who were riding a jeepney were stopped and searched by policemen who
had earlier received confidential reports that the said accused would transporta large quantity
of mj
e) where the moving vehicle was stopped and searched on the basis of intelligence and
clandestine reports by a deep penetration agent or spy- one who participated in the drug
smuggling activities of the syndicate to which accused belonged- the said accused where
bringing prohibited drugs into the country.
Buy-bust operations considered as in flagrante de licto
pg. 38
Buy-bust operation: it is a form of entrapment which has been repeatedly accepted to be valid
means of arresting violators of dangerous drugs law.
A violator is caught in flagrante delicto and the police officers conducting the operation are not
only authorized but duty-bound to apprehend the violator and to search him for anything that
may have been part of or used in the commission of the crime.
objective test: details of the purported transaction must be clearly and adequately shownstarting from the initial contact between the poseur-buyer and the pusher, the offer to
purchase, the promise or payment of the consideration until the consummation of the sale by
the delivery of the illegal drug subject of sale.
Principle of continuity in buy-bust operations: continuing buy bust opearation
Not
buy bust operation in place A, arrested in warrantless arrest not valid.
Continuing:
place B.
Continuing:
buy bust operation in place A, continued in warrantless arrest valid
place B, arrest in place B.
Hot pursuit Arrests- (b) for crimes which has just been committed.
-Elements:
a) offense have been committed
b) offense has just been committed
c) probable cause based on personal knowledge of facts or circumstances that person to be
arrested committed it. (identity of the person)
a) offense have been committed:
indubitable existence of the crime is not necessary to justify a warrantless arrest. That fact that
prosecution failed to prove the sale of mj beyond reasonable doubt DOES NOT undermine the
legality of arrest. It is not necessary that the crime should have been established as a fact in
order to regard the detention as legal.
The legality of the detention DOES NOT DEPEND upon the actual commission of the crime,
but upon the nature of the deed when such characterization may reasonably be inferred by the
officer to whom the law at the moment leaves the decision for the urgent purpose of
suspending the liberty of the citizen.
b) just been committed
immediacy in point of times. The arrest must be made almost immediately as soon after these
acts, not at anytime after the suspicion of the arresting officer begins, no matter how long ago
the offense was committed.
The time interval BETWEEN the actual commission of the crime and the arrival of the
arresting officer must be BRIEF.
Time interval; jurisprudence
a) arrest of accused 1 day after commission in inciting to sedition
b) arrest made after 14 days
pg. 39
c) arrest after 6 days, 3 days, 19 hours

c) personal knowledge of facts
a) pk of facts based on information is allowed.
b) pk of facts based on reasonable grounds of suspicion rule, now part of the rule
c) pk of the 1. death of victim (crime happened) and fact indicating accused was assailant ( told
by witness/ informant).
Rule in Drugs Cases:
Note, these crimes are customarily carried out without any external signs or indication visible
to the police. This in Barros case, court has laid out kinds of causes which have been
characterized as probable or reasonable cause to support a valid warrantless arrest:
1. extensive search of moving vehicles where there is a distinctive smell from mj
2. agents of narcom of the PNP had received a confidential report from informers that
sizeable mj would be transported where a police checkpoint is
3. Narcom agents were informed by an undercover agents that drugs be brought an an
airline flight on a particular date
4. Narcom agents informed of a Caucasian has drugs and they confronted him because of a
bulge in his waistline and he failed to present passport
5. Narcom agents had received confidential information that a woman having the same
physical appearance as that of the accused would be transported mj
Caution: should not undermine consti right of the accused
Rule on Escapes: escapee is in the continuous act of committing a crime- evading the service of his
sentence.
Section 6: Time of making arrest

Any day and at at anytime of the day or night
Section 7: Method of arrest of officer by virtue of a warrant

Section 8: Method of arrest of officer without a warrant
Procedure, Guidelines, and Duties of arresting or investigating officer
a) person must be informed in the language known to and understood by him and he must be
shown the warrant
b) he must be warned that he has the right to remain silent and any statement he uses may be used
c) informed that he has the right to be assisted by counsel at all times ( independent and his choice)
d) if he has no lawyer, one will be provided for him ( may be appointed by court upon petition)
e) no custodial investigation is no lawyer or after a valid waiver
f) that he may communicated wurg his lawyer, immediate family, doctor, priest, etc OR be visited
by the,
g) may waive nay of the said right provided voluntary, and ensured that he understood the same
h) waiver must be done in writing, with counsel, and waiver is void EVEN IF he insists to be oral

pg. 40
i) that he may indicate that he does not wish to be interrogated AT ANY STAGE with a warning
that when he makes such indication, the police may not interrogate him if the same has not yet
commenced or ceased that begun.
j) That his initial waiver of right to remain silent, counsel,etc DOES NOT BAR HIM FROM
invoking it at any time during the process
k) Informed that any evidence obtained in violation of his right are inadmissible as evidence
Section 9: Method of arrest by a private person

Section 10: Officer may summon assistance
Section 11: Right of officer to break into building or enclosure
Section 12: Right to break out from building or enclosure
Section 13: arrest after escape or rescue
Section 14: right of attorney or relative to visit person arrested
Custodial investigation: shall include the practice of issuing an invitation to a person who is
investigated in connection with an offense he is suspected to have committed, without prejudice to
the liability of the inviting officer for any violation of the law.
RA no: 7348: fails shall be liable for penalty of imprisonment.
A letter of invitation is equivalent to arrest
It is enough that there be an intent on the part of one of the parties to arrest the other and the
intent of the other to submit.
In illegal arrest, there must be a motion to quash to be filed. Illegality of arrest must be raised
before arraignment.
Participating in Plea and trial is equivalent to voluntary submission
Unlawfulness of arrest does not affect the jurisdiction of the court. Illegal arrest is not enough to
set aside valid judgment rendered upon a sufficient complaint after trial free from error.
RULE 114: Bail

Section 1: Bail
Consti basis: Section 13, 1987.
GR: all persons
Exp: those charged with offenses punishable by reclusion perpetua when the evidence of guilt is
strong.
Concept and Purpose:
-flows from the presumption of innocence.
- note, upon assumption of sureties, they become in law the jailers of their principal and must keep
him under surveillance until the bond is cancelled.

pg. 41
Extradition cases: base on international treaty and pancta sunt servanda, may grant bail based on
clear and convincing evidence. Although it is not a criminal proceeding, it entails a deprivation of
liberty and means employed to attain purpose in extradition is also the machinery of criminal law.
Extraditee not entitled to notice ad hearing before warrant of arrest
Cancellation of bail without prior notice and hearing is vi0lation of his due process
Deportation cases: does not allow bail because it is not a criminal proceeding. It is the immigration
commissioner who has absolute discretion in determining won an alien may be realesed during
deportation proceedings.
Right to bail only accrues when accused is in custody or in any way deprived of his liberty.
-How custody is acquired: warrant or warrantless arrest; voluntary submission to court.
-GR: The mere filing of application to bail is not sufficient to amount to voluntary submission. The
same is premature.
EXP: when accused is in the hospital recuperating and matter of human consideration. OR when
he, through counsel, manifested voluntary submitted to court. OR house arrest OR confined in
military quarters
-upon voluntary appearance of the accused, the judge should require another motion for bail and
set the same for hearing.
Waiver of right to bail: may be by agreement (eg. withdraw habeas corpus)
Posting of bail is not a waiver of procedural defect ( in arrest or PI). Provided he raises them
before arraignment.
Method of taking bail:
a) bail bond- obligation given by the accused with one or more sureties with the condition to
be void upon the performance by the accused of such acts as he may be legally be required
to perform.
b) corporate surety/ property bond/ cash deposit
c) recognizance- obligation of record, entered into before some court or magistrate duly
authorized to take it, with the condition to do come particular act, the most usual condition
in criminal cases being the appearance of the accused for trial.
Section 2: Conditions of Bail; requirements

Filed after arrignment.
court may allow convicted to continue on bail pending appeal.
Courts shall require that surety bonds are accompanied by corresponding clearances from the
Office of the Insurance Commissioner, photo of accused, clearance from SC, authority of agent,
certificate of authority from Insurance Commissioner with a financial statement showing the
maximum underwriting capacity of the surety company.
Court may impose other conditions.
Right to restrictive travel: court may prohibit leaving the country. So that court may remain in
control of him.
The court could not impose as a condition for bail the arraignment of the accused. Ratio: to release
him will delay his arraignment and thereby delay trial, by being absent.
Court may not impose additional pbligations upon the bondsman than those provided for by law.
Ratio: court may impose impossible obligations that may prevent right to bail. (eg. payment of
fine)

pg. 42
Section 3: No release or transfer except on court order or bail

Section 4: Bail, a matter or Right
Section 5: Bail, when discretionary
Right to Bail:
Matter of Right:
a. before or after conviction in the MTCs
b. before conviction in the RTC of offense charged is not punishable by death, reclusion perpetua,
life imprisonment (a matter of right as long as the judgment did not yet become final)
Discretion:
a. After conviction in the RTC of offense charged is not punishable by death, reclusion
perpetua, life imprisonment
b. convicted of imprisonment exceeding 6 years without a-e of sec 5 rule 114.
c. charged of a capital offense and evidence of guilt is NOT strong.
d. Deportation proceedings ( discretion of Commissioner of Immigration and Deportation)
Denied:
a. convicted of imprisonment exceeding 6 years and not exceeding 20 years WITH a-e of sec 5
rule 114.
b. charged of a capital offense and evidence of guilt is strong. (NOT a matter of right even
when the judgment did not yet become final)
c. Not available to military
Bail is a matter or right whether charged or not yet charged.
Mere claim for illness or old age is not a ground for bail
Effect of granting New Trial: where the accused was under bail before judgment of death sentence
was rendered against him, upon the granting of the motion for new trial, he should be accorded his
original status of being out on bail. But Appellate court retains jurisdiction over the case when the
ground for new trial is based on newly discovered evidence.
For purposes of recommending the amount of bail, the pvivileged MC of minority shall be
considered.
Section 6: Capital Offense defined

Test to determine whether offense charged is capital or not is the penalty prescribed by law
REGARDLESS of the modifying circumstance. To rule otherwise, there need be an entire trial to
prove modifying circumstances.
UNLESS the special law provides otherwise. Example: under the Juvinile and Justice Act of 2006,
priveledged MC of minority shall be considered.
Bail for juveniles in conflicts with the law:
-The rule that no bail for capital offense when evidence of guilt is strong does not apply to them.
Ratio: entitled to consideration of priv MC of minority.
-If can not afford bail, he be committed to Family court to the care of DSWD, youth detention
center, etc.
-bailable only before conviction
pg. 43
Section 7: Capital Offense or an offense punishable by reclusion perpetua

or life imprisonment, not bailable.
What is determined in the hearing is the weight of the evidence.
Thus, prosecution should be given the opportunity to present evidence. If deprived, there is a
denial of due process.
Right to cross examined is granted.
SC policies concerning the effectivity of the bail of the accused:
Charged before conviction
Charged after conviction
Pending appeal
Penalty lower than reclusion Convicted of offense charged or He may be allowed to remain
perpetua at the time of lesser offense than that free on his original bail
commission and application charged
pending the resolution of his
for bail and is out on bail
appeal unless court directs
otherwise
Capital offense at the time of Convicted of a lesser offense He may be allowed to remain
commission,
reclusion than that charged
free on his original bail
perpetua at the time of the
pending the resolution of his
application for bail and is out
appeal unless court directs
on bail.
otherwise
Capital offense OR reclusion Convicted of the offense Bond shall be cancelled and the
perpetua at the time of the charged.
accused shall be placed in
application for bail and is out
confinement
pending
on bail.
resolution of appeal.
Note, when the decision of the TC convicting the accused changed the nature of the offense from
bailable to non-bailable, the application for bail can only be filed with and resolved by the
appellate court.
Section 8: Burden of Proof in Bail Application

Hearing may be summary or otherwise in the discretion of the court, it is MANDATORY
Summary hearing: brief and speedy method of receiving and considering the evidence of guilt
as is practicable and consistent with the purpose of the hearing which is merely to determine
the weight of the evidence for purposes of bail.
Hearing must be conducted even in the absence of evidence by the prosecution. And court
must conduct a hearing or ask searching and clarificatory questions.
Cancellation of bail: same procedure as that hearings on application of granting bail. WON
evidence of guilt is strong to cancel bail.
There must be an application for bail, court can not motu proprio grant bail.
The fact that the judge of the MTC granted bail to the accused during the PI cannot be the basis for
the grant of bail by the RTC after an information was already filed and where the investigating
public prosecutor recommends no bail for the indictee. The bail that was granted on the bases of
the evidence than at hand at that stage.
pg. 44
Court may not grant bail simply for non-appearance of prosecution BUT should ask the
prosecution such questions as would ascertain the strength of the state evidence and judge the
adequacy of the bail.
Order granting bail or denying bail must contain a summary of the evidence of the prosecution
followed by a conclusion of won the evidence of the guilt is strong, which may only be determined
after the hearing.
An incomplete enumeration or selective inclusion of pieces of evidence for the prosecution in
the summary of evidence cannot be considered a summary. Order containing it is defecfive and
voidable.
When prosecutor refuses to adduce evidence to prove that evidence of guilt is strong, the court
may ask the prosecution such questions as would ascertain the strength of the states evidence or
judge the adequacy of the amount of bail.
Valid waiver by prosecution to present evidence: statement of the prosecution that they were
neither supporting or opposing the application for bail. That they were submitting to the sound
discretion of the court.
Duties of judge IF bail application filed:
a) Notify the prosecutor of the hearing of the application for bail or require him to submit his
recommendation
b) Conduct a hearing of the application for bail regardless of won the prosecution refuses to
present evidence to show that the guilt of accused is strong for the purpose of enabling the
court to exercise its sound discretion.
c) Decide won the evidence of guilt of the accused is strong based on the summary of evidence of
the prosecution.
d) If the guilt of accused is not strong, discharge the accused upon approval of the bail bond.
Otherwise, petition denied.
e) Court may limit number of witnesses but must afford prosecution opportunity to present
evidence within a reasonable time.
The test is not whether the evidence establishes guilt beyond reasonable doubt but rather won it
show evident guilt or a great presumption of guilt.
Remedy when bail is denied:
Petition for habeas corpus is not the proper remedy BUT to file a petition for certiorari if the
trial court committed grave abuse in discretion. Hierarchy of courts need be observed.
However, the petitioner would still not be entitled to be released from detention in the
meantime.
Section 9: Amount of Bail

Guidelines for fixing bail:
a) Financial ability of the accused
b) Nature and circumstances of the crime
c) Penalty for offense charged
d) Character and reputation of accused
e) Age and health of the accused
pg. 45
f)
g)
h)
i)
j)
Weight of evidence against him

Probability of the accused appearing at the trial
Forfeiture of other bail
Won accused is a fugitive from justice
Won accused is under bond in other cases
Courts are enjoined to consider DOJ circulars.
Section 10: Corporate Surety

Amount of bail, while must be reasonable is considered in terms of surety or property bonds, may
be excessive if demanded in the form of cash.
Option as to which bond be submitted is with the accused. Court can not impose.
Section 11: Property Bond
Section 12: Qualification of sureties in Property Bond
A resident household or freeholder within the Philippines is but a minimum requirement. BUT the
court may require that he be a resident of the province.
Family home is exempt from execution. Note exceptions under the family code.
Section 13: justification of sureties

Section 14: Deposit of cash as bail
Release accused upon deposit. This is intended to facilitate the discharge of accused esp on
Saturdays, Sundays, and legal holidays when there are hardly no available judge to approce the
bail bon.
Section 15: Recognizance

Section 16: Bail when not required,
reduced bail or recognizance.
Section 17: Bail, where filed

Where bail is a matter of judges discretion, it must be filed only where case is pending only.
Remedy when bail denied: special civil action in the CA ( 6 months from the denial).
Section 18: Notice of application to prosecutor

Applies to bail as a matter or right AND discretion.
Section 19: Release on Bail

Section 20: Increase or reduction of bail
Section 21: forfeiture of bail
pg. 46
Duty of bondsman when accused is required to appear is not merely to notify accused but must
take every effort to see that he actually produces the accused before court.
When the obligation of bail is assumed, the sureties become in law the jailers of their principal
BUT they can not actually confine him.
Clearance issued by the govt for accused to travel is not an excuse, esp if done surreptitiously.
Satisfactory explanation of non-performance of bond: performance becomes impossible by
a) Act of God
b) Act of oblige
c) Act of the law
The responsibility assumed by the bondsman, being purely gratuitous, may be terminated by them
any time by arresting the principal and surrendering him into the hands of law OR defendant may
also surrender himself.
Petition for the exoneration of bail
Bondsman may be relieved from a part of the liability according to the merits of a particular case.
The bondsman was declared forfeited in only of its amount.
Arrest of the principal after 2 days subsequent to the sale of the property of the sureties following
forfeiture of bail is no reason for setting the sale aside.
Surety not relieved even if ready to surrender accused IF court does not yet accept surrender.
The fact that a criminal prosecution is finally dismissed on the motion of the fiscal DOES NOT
relieve the bondsman from the effect of a previous forfeiture of bond upon non-appearance of the
accused at the time originally set for hearing.
Subsequent arrest of an accused in another charge does not operate ipso factor as discharge of his
bail. Surety must inform court of subsequent arrest. Thus, impliedly asking that theyd be
discharged.
Death of the accused on bail bond does not necessarily release the sureties from their obligation,
under the form of the statute in this jurisdiction.
Death must be before breach and fact of death must be established by competent evidence.
It is the duty of the surety to inform the court that performance is an act of God and when proved
acts to discharge the sureties on the bail bond.
Judgment of confiscation and forfeiture:
Order of forfeiture
Order of confiscation
Conditional and interlocutory (not appealable) , there is something more

to be done(eg. production of the accused within 30 days)
Independent of OOF. It is a judgment ultimately determining the
liability of the surety thereunder, and, therefore, final and execution may
issue at once.
Section 22: cancellation of bail

Liability of sureties is limited to the precise terms of the contract
Sureties do not guarantee that the accused will not commit crime while on liberty.
It is not absolutely necessary to institute a separate and independent action for the execution of
the order of forfeiture of bail bond which had previously entered, and a simple motion to that
effect presented by the prosecuting atty in the same criminal case is sufficient.
An order of execution is not appealable. Available remedy is certiorari.
pg. 47
Section 23: arrest of accused out on bail

This section states the right of sureties or court to re-arrest principal.
Section 24: No bail after final judgment

Section 25: court supervision detainees.
Principle of separation: separation of child from adults.
Section 26: Bail not bar to objections on illegal arrest, lack of or irregular PI
RULE 115: Rights of Accused

Section 1: Rights of the accused at the trial
Due process: hearing before conviction.
Rights:
1. Presumption of innocence
-requires that every circumstance favoring innocence be duly taken into account.
- reasonable doubt: it is that doubt engendered by an investigation of the whole proof and
an inability, after such investigation, to let the mind rest easy upon the certainty of guilt.
- absolute certainty is not required, only moral certainty.
2. Be informed: nature and cause of accusation
-Information must state the designation of offense, acts or omissions complained of.
- reasonable certainty in the statement of the crime suffices
- accused must be arraigned
3. To have counsel- exp upon accuseds motion, when the court is satisfied that
accused can defend himself.
-a reasonable effective assistance. Reasonable under prevailing professional norms.
- right to counsel may be invoked on appeal.
- Duty to appoint counsel de officio is mandatory
-violation of right to counsel is a ground for new trial.
- deprivation of counsel- violation of due process.
- may be waived voluntarily or not.
-during custodial investigation: starts when accused is taken to custody. Does not terminate
with the filing of information, it should be at all times.
- right to counsel applies in certain pretrial proceedings that can be considered critical
stages in the criminal process. Custodial interrogation before and after charges have been
files and non-custodial interrogation after the accused has been formally charged are
considered to be critical pre-trial stages.
- accused own choice: if it was imposed on him, right is violated.
- a fiscal can not represent accused during custodial investigation.
- right to counsel de parte during arraignment and trial is not absolute. Court may appoint
one for him in the interest of justice.
pg. 48
4. Right to be present- arraignment to promulgation:

- valid trial in absentia:
a) accused has already been arraigned;
b) duly notified of the trial;
c) failure to appear is unjustifiable.
failure to grant: violation of due process
Proper notice: absent- denial of due process
When presence requires:
a) Arraignment
b) Promulgation of judgment, exp conviction for light offence OR promulgation in
absentia is allowed.
c) When prosecution intends to present witness who will identify the accused.
If absent: waiver of right to be present. BUT may still be compelled to be present.
An escapee: Waives his right to cross-examine and present evidence. UNLESS he
surrenders.
5. Testify in his own behalf, be cross examined, against self- incrimination.
Accused vs witness:
Accused
Witness
He may altogether refuse to take the witness May be compelled to take the witness stand
stand and refuse to answer any and all and claim the privilege as each question
questions.
requiring an incriminating answer is shot at
him
During Preliminary investigation
Possesses right against self incrimination
During Custodial investigation
He may not on cross-examination refuse to answer on the ground of self-incrimination. But he

may decline to answer a question that will implicate him a different crime.
Person suspected of having committed a crime, subsequently charges, has the ff rights:
a) Before case is filed in court OR with public prosecutor for PI BUT already taken into
custody or deprived of his liberty:
- right to remain silent and to counsel
- informed
-not to be subjected to force, violence, threat, intimidation, vitiate freewill.
- fruit of the poisonous tree
b) After case is filed in court:
-refuse to be a witness
-not to be prejudiced for such refusal
-testify in his own behalf, subj to cross
-against self incrimination
Scope of privilege:
-testimonial compulsion only and the production by the accused of incriminating documents,
and articles demanded from him. DOES NOT INCLUDE the examination of his body as
evidence when it may be material.
pg. 49
- covers communications whatever medium. communicative in nature.

-DOES NOT COVER: fingerprinting, photographing, write or speak for identification, to
appear in court, to stand, to assume a stance, to walk or make a particular gesture, blood
testing
- COVERS: specimen of hand writing during PI is equivalent to a positive testimonial act,
forced re-enactment like uncounselled and coerced confession
Immunity Statutes:
Use immunity
Transactional immunity
Prohibits the use of witness compelled testimony and its fruits in

any manner in connection with the criminal prosecution of the
witness
Grants immunity to the witness from prosecution for an offense to
which his compelled testimony relates.
When unfavorable inference drawn from failure of accused to testify CAN NOT establish alibi.
6. to confront and cross-examine witnesses against him:
-statement of a witness who died before cross examination is inadmissible because was not cross
examined. Statement of witness is considered incomplete. UNLESS was given the opportunity but
failed to do so.
- right may be waived. Express or implied.
7. compulsory process
-when judge shall be satisfied, by proof or oath, that there is reason to believe that a material
witness for the prosecution will not appear and testify when required, he may order the witness to
post bail. Upon refusal to give bail, the court must commit him to prision until he complies or is
legally discharged.
- TC should not delegate to the accused the responsibility of getting his witness. If a subpoena is
issued and the witness fails to appear, the court should order the arrest of the witness if necessary.
- Viatory rights are available only to civil cases and not to criminal cases.
8. Speedy Trial
- trial free from vexatious, capricious, and oppressive delays.
- arraignment and pre-trial shall be held within 30 days from the date court acquires jurisdiction
over defendant. If not made: dismissal of the accused on the ground of denial of this right.
Dismissal shall be subject to the rules on double jeopardy.
- speedy trial is relative
- may be waived. Express or implied. Eg. inaction of accused.
- Mandamus may be had is prosecuting officers causes unreasonable delay and Habeas corpus if
accused already detained.
-defendant should ask for speedy trial and not for dismissal of the case. If dismissed it will be an
acquittal because of failure of prosecution to prove guilt of defendant and it will be a bar to
another prosecution for the same offense even though it was ordered by the court upon motion or
with express consent of the defendant, in exactly the same way as judgment of acquittal obtained
upon the defendants motion.
9. Public Trial
pg. 50
- open to the public. When anyone interested in observing the manner a judge conducts the
proceedings in his court room may do so. There is no such ban of attendance. Being a stranger is of
no moment. NO relationship to the parties need be shown.
- trial is in the chambers of the judge is not a violation. As long as no showing the public was
excluded.
- trial by publicity: not be allowed if there is a showing that the judges have been unduly
influenced.
10. Right to appeal
- a mere statutory right. May be waived.
- accused may not be allowed to appeal until he submits to the jurisdiction of the court or
otherwise arrested within 15 days from the notice of judgment to him.
RULE 116: Arraignment and Plea

Section 1: how made
Steps BEFORE arraignment: AM no. 03-1-09-SC ( August 16, 2004)
1. court shall issue an order directing the public prosecutor to submita record of PI to the branch
coc
2. coc shall attach the same to the record of criminal case
3. if under preventive suspension, case shall be raffled and records transmitted to the judge to
whom the case was raffled with in 3 dats from the filing of complaint or information.
3.a. accused shall be arraigned within 10 days from the date of raffle
3.b. pre-trial shall be held within 10 days after arraignment unless a shorter period is provided
for by law.
4. After arraignment, the court shall forthwith set the pre-trial conference within 30 days from
the date of arraignment.
5. Court will then issue an order:
a. offended party to appear for plea bargaining
b. if warranted, to issue an order of preliminary conference 3 days before pre-trial. To mark
documents or exhibits
c. informing them that no evidence to be presented during trial unless marked and identified
during pre-trial.
Amended information: arraignment mandatory.
There is no obligation is impliedly or expressly imposed upon judge to point out the
duplicitousness (or other defect) of an indictment on which an accused is being arraigned. It is the
accused who should file a motion to quash information.
Arraignment after prosecution rests is an error or irregularity that has not prejudiced the rights or
interests of the appellant and considering that appeallant counsel had full opportunity of crossexamining all the witnesses who took the witness stand for the govt and that furthermore he
agreed to reproduction of the evidence for the prosecution, the error or defect has been
substantially cured.
GR: Presumption that accused was arraigned: in view of the presumption of regularity in the
performance of official duties.
pg. 51
Exp: cases where crime imposed is death penalty.

Accused is no entitled to know in advance the names of all prosecution witness. Success of
prosecution might be endangered. The time for prosecution to know them is when they take the
witness stand.
Prosecution may call the witnesses other than those in the information.
Presentation or non-presentation of prosecution witness depends on fiscals discretion.
There can be no DJ where the accused has not yet pleaded to the offense.
Acquittal despite plea of guilty. Conviction is not automatic.
Section 2: Plea of guilty to a lesser offense

A plea of not guilty lesser offense AFTER prosecution rests is allowed only when the prosecution
does not have sufficient evidence to establish guilt for the crime charged.
Section 3: Plea of guilty to a capital offense

Mandatory
3 things enjoined of the TC:
a) searching inquiry into the voluntariness and full comprehension of the consequences of his
plea
- Searching inquiry: means more than information cursorily the accused that he faces a
jail term but also, the exact length of imprisonment under the law and the certainty that
he will serve at the a penal institution. No hard and fast rule on how it is to be
conducted.
- mere warning that the accused faces death is insufficient.
- judge must ask:
1. the manner the accused was arrested or detained.
2. won he was assisted by counsel during the custodial investigation and PI
3. defense counsel whould be asked won he conferred with accused and completely
explained the consequences of accuseds admission
4. age, educ attainment, socio-economic status, etc.
b) court to require prosecution to present evidence to prove guilt of the accused and the
precise degree of his culpability
- mandatory. There must be a proof regarding AC
c) court must ask the accused if he desires to present evidence in his behalf and allow him to
do so if he desires.
Regarded as an MC
Note that conviction is predicated not on plea but on the evidence proving the commission by the
accused of the offense charged.
Section 4: Plea of guilty to a non capital offense

Section 5: withdrawal of improvident plea of guilty
Plea of not guilty can not be collaterally attacked.
pg. 52
Plea agreement is allowed. It is only when the consensual character of the plea is called into
question that the validity of a guilty plea may be impaired.
The court may AT ANY TIME permit the defendant to withdraw plea of guilty. It is subject to the
sound discretion of the court.
Where the defendant has been committed to prison after a plea of guilty and has commenced to
serve his sentence, the court can no longer alter its decision, the same having thereby become
final.
Plea of guilty must be unconditional. Eg pinatay ko siya pero hindi ko sinasadya OR ako pumatay
sa kanya, ikulong niyo na ako pero ito ang dapat na parusa ko ( convicted to homicide instead of
murder). Admission must be of such nature as to foreclose the defendants right to defend himself,
thus leaving the court no choice but to impose the penalty fixed by law.
Note: qualified plea is allowed PROVIDED that information should be amended with the consent
of the fiscal if the facts so warrant.
Section 6: duty of court to inform accused of his right to counsel

Four fold duty of court:
a) must inform the defendant that it is his right to have an attorney before being arraigned
b) after giving him such information that court must ask him if he desires the aid of an
attorney
c) I he desires and is unable to employ an attorney, the court must assign an attorney de
officio to defend him
d) If the accused desired to procure an atty of his own, the court must grant him a reasonable
time therefore.
Failure to comply: denial of due process
Violation: do you have an atty or do you want to plead guilty?
Presumption of regularity: the claim that the accused failed to appeal from the judgment of
conviction because he did not have the assistance of counsel even though he was offered one
CANNOT PREVAIL over the presumption that the proceedings has been regular and in
accordance with the RoC.
Section 7: appointment of counsel de oficio

Private prosecutor who served against one defendant is disqualified as counsel de oficio for other
defendants.
HOWEVER, when accused shown to have been properly defended, such is not a reversible error.
Counsel de oficio need not be the choice of the accused.
Duties of court during: arraignment vs trial
Arraignment
Trial
There is a duty of the court to inform him of his No duty. It must be the court who asserts it.
rights
Silence of court is an error
Not an error
Duty of counsel de oficio: get the accused what he fully deserves.
Public Atty duty were accused is imprisoned:
a. Pa shall prompty undertake to obtain the presence of the prisoner for trial, or cause notice
to be served on the person having custody of the prisoner requiring such person to so advise
the prisoner of his right to demand trial
pg. 53
b. If demands trial, custodian shall inform pa.

c. Upon being informed, Pa shall obtain presence of accused for trial
d. Upon a properly supported request, prisoner shall be made available accordingly.
Reluctance of counsel de oficio does not amount to denial of right to counsel: where the counsel
undertook and proceeded with the defense and duly performed his duties.
Right to counsel is SUBSTANTIALLY satisfied even where the counsel de oficio appeared after the
trial has commenced. Eg. cdo came in only when direct examination of second witness ended.
There being an opportunity for the cdo to cross-examine. IF DID NOT APPEAR AT ALL, case must
be remanded to TC.
No prejudicial error where accused was represented by a non-lawyer PROVIDED permitted by
court and without objection from any parties.
There is a PRESUMPTION that section 7 has been complied with.
Duty of the TC does not end with appointing cdo, cdo must be required to act.
The right to counsel may be waived.
The denial of right to counsel must be raised in the trial court.
Duty of the court during arraignment does not include information as to penalty. This may no
longer be true since Rule 118 encourages plea bargaining.
Section 8: time for counsel de oficio to prepare for arraignment

Section 9: bill of particulars
Failure to ask BoP amounts to waiver of rights.
Absence of detailed personal property found in the house on occasion of robbery, value stated in
the information, does not vitiate the proceeding, not being jurisdictional in nature.
Whatever vagueness there may be in the allegations may be cured by evidence.
Section 10: production or inspection of material evidence is possession of prosecution
MODES OF DISOVERY IN CRIMINAL CASES

Requisite: showing of good reasons with notice to parties.
One may ask for production of records of PI.
Accused is entitled to discovery procedure even during the PI.
Suppression of those requested is a violation of due process, regardless is if it is GF or BF. But such
request suppressed must be MATERIAL to either guilt or punishment of the accused. Brady
rule: evidence favorable to the accused.
Section 11: suspension of arraignment

Note Rule 12 of RPC, rule on insanity. Exempt from criminal liability except if he acted during a
lucid interval.
RULE 117: Motion to Quash

Section 1:Time to move to quash
Section 2: form and contents
pg. 54
The test on the viability of motion to quash on the ground that the facts averred in the information
do not amount to an offense is won the facts asserted would establish the essential elements of the
crime defined in the law.
Examination matters aliunde are not considered.
BUT additional facts not alleged in the information but admitted or not denied by the prosecution
may be invoked in support of the motion to quash.
Motion to suspend the issuance of warrant of arrest considered motion to quash because it is not
the caption of the pleading but the allegations therein contained that prevails.
Quash vs dismissal
Section 3: grounds
Matters of defense not a ground for motion to quash.
a. facts charged to not constitute an offense:
- a motion to quash hypothetically admits allegations of fact in the information
GE: only facts alleged in the information in the information and those admitted by the fiscal should be
taken into account in the hearing on MoQ
Exp: where RoC expressly permit the investigation of facts alleged in a MoQ (eg. extinction of criminal
liability, prescription, jeopardy)
- matters of defense cannot be proved during the hearing of such motion.
- when additional facts allowed: admission by the counsels/ fiscals
-ocular inspection upon judges discretion is allowed.
- conviction or acquittal under a fatally defective information is not necessarily void when no
objection appears to have been raised at the trial and the fatal defect could have been supplied by the
competent proof. EXP: when the information does not charge a crime.
b. lack of jurisdiction of the offense charged
c. lack of jurisdiction of the person
-moq must only be on this ground.
- if other grounds are included, there is a waiver and accused is deemed to have submitted to the
jurisdiction of the court.
d. want of authority of officer filing information
- it is an invalid information.
-authority of special prosecutor appointed by DOJ sec to sign and file information is recognized.
- person disqualified to sign invalidates information.
- lack of PI is not a ground. It merely affects the regularity of the proceedings.
- if accused gives plea for moq, it is a waiver of all formal objections to it in so far as formal objections
to the pleadings are concerned. EXP. Lack of jurisdiction
e. complaint or information does not conform to the prescribed form.
-non prejudicial formal defect will not be sustained as ground. If such formal defects are properly and
opportunely raised, an amendment may be ordered.
f. duplicity of offenses charged
- failure to raise this, accused may be convicted for it is deemed waived by him.
pg. 55
- reason for rule: right of accused to information.

g. extinction of criminal liability
- note Art 89 of RPC for total extinguishment.
- amnesty extinguishes criminal liability.
-amnesty is not one of the defenses that need be expressly pleaded. Defendant need only submit
evidence that he was granted such.
- pardon vs amnesty
Pardon
Amnesty
Granted by president
Proclamation by the president with the
It is a private act which must be pleaded and concurrence of congress
proved bec courts takes no notice thereof.
It is a public act which the courts takes judicial
Granted to ONE after conviction by final notice
judgment ( after only). Can not be given during Granted to classes of persons who may be guilty
appeal. Appeal must withdrawn before given.
of political offense after the institution of criminal
( acceptance of pardon shall not mean a waiver of prosecution or after conviction.
appeal). Person released before withdrawal of Looks backward and abolishes the offense itself.
pardon will make persons who released him Effect: as is no offense at all.
liable.
Looks forward and relieves offender of
consequences of conviction.
Effect: does not restore right to hold public office,
suffrage, unless expressly restored.
Person granted with this must comply strictly
with the conditions imposed by law.
-Commutation of sentence: substituting the original sentence with a different one.
- pardon by offended party in private crimes must be made before the institution of criminal
proceedings. marriage extinguishes criminal action.
- prescription is a ground for moq. Waiver of prescription is not applicable in criminal cases.
- In prescription, state or people lose their right to prosecute BUT the court DOES NOT lose its
jurisdiction.
Under
Computation
RPC
Article 91, RPC, if continuing crime count from the latest act.
Special Law
Act No. 3326, unless the special law provides otherwise.
-Filing of complaint before the punong brgy interrupts the prescriptive period for 60 days from filing.
-constructive notice in civil cases applies to criminal cases. Knowledge of the crime is notice. (eg.
registration of deed in the crime of forgery)
- note that the interpretation of prescriptive periods must be that favorable to the accused.
-extinction of crime by prescription does not extinguish civil action
- NOTE: When the last day to file an information falls on a Sunday or legal holiday, it can not be
extended up to the next working day. prescription automatically sets in. REMEDY is for fiscal to file
before the last day.
- Law on prescription does not apply in the right of the govt to recover unlawfully acquired public
property.
h. complaint or information contains averments which constitute a legal excuse or justification
- Art 11 RPC ( justifying circumstances) ; Art 12 ( exempting circumstances)
pg. 56
i. double jeopardy
Section 4: Amendment or complaint or information

It is the duty of the court when objections are made to a complaint, to cause it to be corrected or to
direct a new complaint to be files and trial recommenced, but in no event shall the accused be
entitled to discharge.
Should not dismiss or grant motion when it can be still cured by amendment.
In case of doubt, amendment should be ordered.
Section 5: Effect of sustaining the motion to quash

If Moq is
Overruled
(denied)
Sustained
(granted)
Does not dispose of the case upon its merits

It is merely an interlocutory order (unappealable)
Remedy: not appeal, certiorari or prohibition. Accused should plead and proceed
with the trial. Then may appeal from the adverse decision therefrom.
Follow section 6.
Section 6: Order sustaining the motion to quash not a bar to another prosecution, exception
Exceptions: prescription and double jeopardy.
Section 7: Former conviction or acquittal; double jeopardy

Basis: Bill of Rights
Extent: can be invokes if
a) accused is charged with the same two separate pending cases
b) accused is prosecuted anew for the same offense after he has been convicted or
acquitted of such offense
c) the prosecution appeals from the judgment in the same case
For DJ to apply: there must be acquittal;, conviction or termination without the express consent of
the accused in order that there may be dj. The first jeopardy must have been validly terminated.
As a ground for motion to quash. No waiver in failing a moq.
In a pleading a former jeopardy, it is not sufficient that the defendant simply allege that he has
been once in jeopardy, he must both allege and prove specifically that the offense, of which he was
formerly convicted or acquitted, is the same offense for which it is proposed to try him again. Mere
mention of criminal case numbers and alleged portions of both information is not enough.
Note: courts are not authorized to take judicial notice of former conviction/ acquittal. BUT in
the absence of objection and it is read before court OR withdrawn from the archives under
courts direction with the knowledge of opposing parties, the same may be allowed to prove
previous conviction.
pg. 57
Evidence of previous jeopardy:

Best evidence: record of the former case shoring the judgment of conviction entered therein
and the nature of the offense of which the accused was convicted or acquitted.
Interpretation of DJ:
Interpretation of DJ must be in harmony with constitutional objective.
DJ provision must be construed in light of existing law at the time of adaptation.
In the event of denial of motion to quash based on DJ, REMEDY of accused, upon arraignment, to
plead not guilty and reiterate his defense of former jeopardy, and in case of conviction to appeal
therefrom, upon the ground that he had been twice put in jeopardy of punishment.
DJ is not reviewable by writ of habeas corpus.
Requisites:
a) 1st jeopardy must have attached prior to the second
b) The first jeopardy must have been validly terminated
c) Second jeopardy must be for the same offense or the second offense includes or is necessarily
included in the offense charged in the first information, or is an attempt to commit the same or
frustrate thereof.
FIRST: 1st jeopardy must have attached prior to the second, requisites:
a) court of competent jurisdiction:
- Includes territorial jurisdiction.
- Judge issuing order must still be in office.
- violation of basic constitutional right ousts court of jurisdiction.
Situations:
DJ or NOT
RATIO
There is no dj if judge faces same case before the sandiganbayan and NOT
Different
another one before the SC for administrative cases.
purposes
A court which renders an acquittal after pre-trial without trial, the NOT
Trial
court is not a court of competent jurisdiction. The decision is void for
should
lack of jurisdiction. Case will be remanded without committing dj.
proceed
Accused is military person. If involves a martial court and a civil DJ
Both has
court, will constitute dj.
juris
But if the accused is a civilian and there are civil courts operating, it NOT
1st
court
will not be dj since the court martial who tries the civilian has no
has
no
jurisdiction.
juris
b) valid complaint or information
- the test of J is the crime charged not the crime proved. (eg. although the evidence presented at
the trial of an accused on a charge of theft would have been sufficient to convict him of estafa, his
acquittal of theft was not bar to a subsequent prosecution for estafa)
jeopardy does not attach where a defendant pleads guilty to a NOT
Invalid
defective indictment that is voluntarily dismissed by the prosecution.
info
Conviction under information which charges no offense is void
NOT
Void info
Fatal defect in the complaint may be supplied by competent proof in DJ
Cured
the absence of any objection during the trial. The information is
cured. If convicted, first jeopardy attaches.
Crime charged: theft
NOT
pg. 58
Crime proved: estafa

Acquitted for theft
c) arraignment
- valid plea
- mere written manifestation is not a valid plea
No arraignment and it was upon his express motion that the NOT
No valid
information was quashed and the case dismissed.
plea
d) defendant was acquitted or convicted or the case dismissed or otherwise
terminated without the express consent of the accused.
Judgment: the adjudication by the court that the accused is guilty or is not guilty of the offense
charged.
Conviction: judgment declaring the accused guilty or the offense charged and imposing upon him
the penalty provided for by law.
Acquittal: a judgment declaring the accused not guilty of the crime charged and ordering his
release.
SECOND: 1st jeopardy must have been validly terminated:
-validly terminated when:
a) conviction
b) acquittal
c) dismissal of case or otherwise terminated without the express consent of defendant.
- express consent: an express assent where the accused waives his right to the protection against
DJ. For the reason that he thereby prevents the court from proceeding to the trial on the merits
and rendering a judgment of conviction against him.
-silence does not mean consent. (eg. accused did not move for dismissal but case was dismissed)
- notation of no objection means express consent.
-When Dismissal is an Acquittal:
dismissal of the case base on demurrer to evidence filed by accused OR violation of the right to
speedy trial WILL NOT result to acquittal.
WHEN the accused had been denied his right to speedy trial or some other basic right had been
impaired, the doctrine of waiver of the right to invoke DJ would not apply even if the accused had
expressly moved for termination of the proceedings.
- When dismissal is not an acquittal:
Where no finding was made as to the guilt or innocence of the accused, it is not an acquittal.
-when the dismissal is equivalent to an acquittal, there is jeopardy even if the court says
provisional, conditional, without prejudice.
- condition sine qua non when dismissal or termination, will NOT constitute DJ:
a) the dismissal must be sought by the defendant personally or thru his counsel; and
b) such dismissal must not be on the merits and must not necessarily amount to acquittal.
- GR: dismissal with consent does not result to DJ.
Exp: insufficiency of evidence AND denial of the right to speedy trial. (results to DJ)
-once that accused is discharged as state witness it is not affected by any future development
pg. 59
showing that any or all of conditions for the discharge have not actually been fulfilled may not
affect the legal consequences of the discharge. Protection of DJ. AND discharge continues even if
the information is amended because it is a mere continuation of the original information.
Situations:
Proceeding pending PI before the fiscals office
Mere filing of two complaints or information
DJ or NOT
NOT
NOT
Dismissal contains a reservation of the right to file another action, the

case cannot be said to have terminated and jeopardy does not attach.
Dismissal at the instance of the accused before termination of trial.
Dismissal without prejudice
Provisional dismissal
A purely capricious dismissal of an information deprives the state of a
fair opportunity to prosecute and convict.
Dismissal issued in grave abuse of discretion amounting to an excess
of jurisdiction, is null and void.
A moro-moro (sham trial) trial is failure of trial tantamount to no trial
at all
Judge merely committed a grave abuse of discretion in rendering an
amended decision acquitting the accused.
If after a judgment of conviction, the TC erroneously granted a motion
for new trial based on NDE, the court rendered an amended decision
acquitting the accused, review if the judgment is barred by DJ.
Errors or irregularities, which do not render the proceedings a nullity,
will not defeat a plea of antrefois acquit (previous acquittal).
Demurrer to the evidence without notice is not a sufficient ground to
reopen the case.
Valid judgment in writing or oral judgment reduced in writing
NOT
Promulgation of the decision must be made in its entirety. If not made

the promulgation is void. Because the case is not considered
terminated.
Termination of the case for WHATEVER REASON ( eg. lack of
jurisdiction, etc) WITHOUT the consent of the accused, of a case tried
before a court by virtue of a valid complaint or information or any
other charge sufficient to sustain a conviction, after the accused has
pleaded guilty and before judgment, constitutes DJ.
CFI has jurisdiction but mistakenly dismisses the complaint or
information on the ground of lack of it, and the dismissal was NOT at
the request of the accused, judgment appealed.
Acquittal on the merits
NOT
NOT
NOT
NOT
NOT
NOT
NOT
DJ
DJ
DJ
DJ
Not valid
termi
Not valid
termi
Not valid
termi
Valid
termi
1st
case
attached
1st
case
attached
1st
case
attached
Not validly
termi
DJ
1st
case
attached
DJ
1st
case
attached
DJ
1st
case
attached
Consent
Where the accused signified their express conformity with the NOT
provisional dismissal of the case, there was neither acquittal nor
dismissal that would put them in DJ.
Principle of Nolle Prosequi
NOT
Dismissal before the accused is placed on trial and before he is called
on to plead is not equivalent to an acquittal and does not bar a
RATIO
Not termi
No termi
yet
No termi
yet
Consent
1st case not

attached
pg. 60
subsequent prosecution for the same offense. It is not a final

disposition of the case.
Dismissal of the case by the accused himself or through his counsel NOT
and it is granted
Motion for reinvestigation is not express consent.
DJ
consent
No
consent
Consent
Where the accused asked for and consented to a provisional dismissal DJ

same operates as a waiver of their defense of dj.
Dismissal by accused on the ground of insufficiency of evidence OR DJ
Exception
denial of the right to speedy trial
Motion to quash information on the ground that the allegation in the NOT
Consent
information did not constitute an offense
Discharge of accused as state witness operates as acquittal
DJ
THIRD: Second jeopardy must be for the same offense or the second offense
includes or is necessarily included in the offense charged in the first
information, or is an attempt to commit the same or frustrate thereof.
- same offense:
The offense charge, or an attempt to commit it or a frustration thereof, or any offense which is
necessarily included in the offense charged in the former complaint or information
-the same act may violate tro or more provisions of the criminal law. When they do, a prosecution
under one will not bar a prosecution under another.
- TEST TO IDENTITY OF OFFENSES: by examining the essential elements of each of the two
offenses charged, as such elements are set out in the respective legislative definitions of the offense
involved. DJ applies when the offenses in the two information are the same in law and in fact.
- jurisdiction of 1st court over the 2nd charge is not necessary as long as facts of the particular case
satisfy the requirements of this test.
- When offense charged includes that which is proved:
An offense charged necessarily includes that which is proved, when some of the essential elements
or ingredients of the former as this is alleged in the complaint or information, constitute that
latter. And an offense charged is necessarily included in the offense proved, when the essential
ingredients of the former constitute or form a part of those constituting the latter.
-If two crimes are almost identical, check the elements. If one of the crimes requires proof of an
additional fact or element which the other does not, no DJ.
- note:there should only ONE criminal prosecution for one criminal intent. Intent cant be divided.
Situation
DJ or NOT
RATIO
Estafa and violation of BP 22
NOT
Diff elem
Falsification of a public document (A171, RPC) and violation of anti- NOT
Diff
graft law
Elements
Common crimes and rebellion
NOT
Absorbed
Selling mortgaged property without mortgagors consent( Act 1508) NOT
Diff
and estafa (RPC)
Elements
Brigandage and Illegal possession
NOT
Not
necessarily
includes
pg. 61
Illegal possession and theft

NOT
There can be no illegal possession if there is no intent to use
and there can be illegal possession without theft.
Illegal possession and murder or homicide
Killing of a person with unlicensed firearm may give rise to
separate prosecutions. 1) violation of PD1866 and 2) ART 248,
RPC, and may be separately prosecuted from both crime
without violating the rule on DJ.
NOTE: under RA 8294, no longer separate crimes. Illegal
possession is now an AC of ART 248.
Illegal fishing and illegal possession of explosives
Alarm and scandal and alleged discharged of firearms
Illegal possession and carrying firearm outside residence without
permit.
Estafa by fraudulent withdrawal or different checks ( one check does
not bar prosecution for another check)
Violation of Censors Law (RA 3060) and indecent exhibition under A
201 (3), RPC
Consented abduction and qualified seduction
Not identical offenses
Qualified seduction and rape
Possession of shotgun and revolver at the same time at same place
Smoking opium and possession of illegal pipe
Possession of a firearm in 2 separate and distinct places and
jurisdiction and the two information state different dates of
commission
Theft of 13 cows at the same time and in the same place, consequently
he committed one criminal act even if different owners.
Conviction for 8 of the cows owned by owner 1, he cannot then
be convicted for the rest owned by owner 2.
Prohibition from lowest to highest offense:
-The effect of prosecuting first the lesser offense where a larger
offense has been committed and could be prosecuted, would be to
split the larger offense into lesser parts. The state in electing to
prosecute the first one waives all others.
- example: conviction for less serious physical injuries barred
prosecution for assault upon a person of authority.
NOT
each other
Not
necessarily
includes
each other
Diff
elements
NOT
NOT
NOT
Diff elems
Diff elems
Diff elems
NOT
Diff elems
NOT
Diff elems
and nature
Diff
NOT
NOT
DJ
DJ
NOT
Diff
1 intent
1 intent
Diff
crimes
DJ
1 intent
DJ
Homicide to murder
DJ
A person acquitted for homicide cannot be subsequently tried
for the crime of murder.
Because the acquittal of the defendant charged with killing
pronounces him GUILTLESS OF THE FACTS necessary to
constitute murder and admits the pleas of dj.
Lesiones Menos Graves to Lesiones Graves
DJ
Because that not only was the first case an ingredient of the
second case, but the allegations in the second information
pg. 62
would also, if proven, have been sufficient to support the

former information.
One who has convicted of a crime lesser in degree than the
offense for which he is indicted, is by implication as a bar to
subsequent indictment.
Rule on identity of offenses does not apply when the second offense
was not in existence at the times the first prosecution.
Act punished by law and ordinance, conviction or acquittal under
either shall constitute a bar to another prosecution.
Complex crime of physical injuries and damage to property
Violation of motor vehicle law and RPC damage to property
Because the basic element of reckless driving is an ingredient
in both cases.
Rule: once convicted or acquitted of a specific act of reckless
imprudence, the accused may not be prosecuted again for that
same act.
If one offense is light there is no complex crime. They are separate
offenses subject to distinct penalties.
EXCEPTIONS: same offense or the second offense includes
or is necessarily included in the offense charged in the first
information-> There is no DJ
a) graver offense developed due to supervening facts arising from the
same act or omission constituting the former charge
b) the facts constituting the graver charge became known or were
discovered only after a plea was entered in the former complaint or
information
c) plea of guilty to the lesser offense was made without the consent of
the prosecutor and the offended party except as provided in
NOT
Inexistent
DJ
DJ
DJ
1 single act
Can not be
split into
different
crimes
NOT
Different
NOT
section 1 of Rule 116.

Supervening event: if after the first prosecution a new fact supervenes NOT
on which defendant may be held liable, resulting in altering the
character of the crime and giving rise to a new and distinct offense,
the accused can not be said to be in second jeopardy if indicted for
new offense. MUST HAVE DEVELOPED
Accused was charged with physical injuries and after
conviction the injured does, he then was charged with
homicide.
Deformity found out later.
WHEN DJ: If in the examination during the first proceeding
the injury was already present but was not presented and
thereafter the accused was convicted, the accused can not then
be convicted for an offense when that injury was thereafter
found out. IT WAS ALREADY EXISTING.
Discovered after plea. DJ
NOT
Exp: when the facts constituting the graver charge was already
existing during the plea.
Plea of guilty to lesser offense without the consent of the accused:
NOT
Note: IF in any of these 3 cases, the accused is convicted of the graver
offense, the penalty for the latter offense shall absorb the penalty for
pg. 63
the lesser offense.

GR: We accused has already been charged, tried upon sufficient
information, pleaded not guilty, and case was dismissed ( thus,
without his consent and not upon his motion), erroneous dismissal of
the offense charged can no longer be disturbed by certiorari or
mandamus. DJ attaches.
Note:
appeal from judgment of acquittal can not be made in the guise of
certiorari.
Certiorari may be had on want of jurisdiction or grave abuse of
discretion BUT not on the ground of misappreciation of facts and
evidence.
Exp:
1. where judgment made RESERVATION. Where accused after
pleading guilty reserved his right to present evidence to prove that
amount he was accused of is now with authorities. If case is set for
hearing of his reservation, DJ does not apply.
2. when the court acted with grave abuse of discretion.
WHEN appeal allowed:
a) dismissal is upon motion or with express consent of accused
b) dismissal is not an acquittal or based upon consideration of the
evidence or of the merits of the case
c) the question to be passed upon by the appellate court is purely legal
so that should the dismissal be found incorrect, the case would have
to be remanded to the court of origin for further proceedings, to
determine the guilt of innocence of the accused.
d) appeal from order of dismissal based on prescription
Appeal of civil award by offended party is allowed. PROVIDED the
accused will not be convicted of a more serious offense or sentenced
to a higher penalty to justify the increase in the civil indemnity.
When the accused appeals
DJ
NOT
Case not
yet final
NOT
NOT
NOT
Waives his
right vs DJ
Civil contempt: when there is failure to do something ordered by a NOT

court to be done for the benefit of the party
Criminal contempt: when the purpose is to vindicate the authority of DJ
the court and protect its outrage dignity
Dismissal vs Acquittal
Dismissal
Not on the merits
Grounds: court has no jurisdiction, or that the
offense was committed outside of its territorial
jurisdiction, or that the information is not valid
in form and in substance
Acquittal
Case decided on the merits
Grounds: on the merits of the case when the
prosecution was able to present evidence.
Civil liability is not affected by double jeopardy: extinction of civil liability whether by prescription
or bar by dj does not carry with it the extinction of the civil liability arising from the offense
charged.
pg. 64
Prosecution without exception cannot appeal where the accused had already been exposed to
double jeopardy. Then much less then can the offended party or his heirs, who are mainly
concerned only with civil indemnity.
A judge has no power to reinstate a case which he has earlier dismissed by simply erasing his
signature below the words dismissed by simply erasing his signature below the words dismissed
case dismissed appearing in the exhibits.
A review of sufficiency of the evidence and of the propriety of the acquittal of the accused lies
outside the function of certiorari as intrudes into prerogatives of RULE 45, under ordinary
appeals, where an alleged error of judgment may be subjected to review. A review of judgment of
acquittal of private respondents under certiorari would place the accused in DJ. Thus, certiorari is
not allowed from denial of demurrer to evidence by CA.
Section 8: Provisional dismissal

Essential requisites that need be proved by defendant: TIME BAR
a) The prosecution with the express conformity of the accused or the accused moves for
provisional remedy dismissal of the case; or both of them moves for it
b) The offended party is notified of the motion for prov dismissal
c) The court issues an order granting the motion and dismissing the case provisionally
d) The public prosecutor is served with a copy of the order of prov dismissal.
Ratio for consent of accused: to bar him from subsequently asserting that the revival of the
criminal case will place him in DJ.
x year after issuance means x years after service of the order of dismissal on the public
prosecutor who has control of the prosecution.
Express consent to a PD is given either orally or in writing. Inaction or silence does not amount to
express consent.
PD with express consent May be revived only within the periods in this section. DJ not defense.
without express consent May be revived even beyond the periods of this section. DJ defense.
GR: Upon revival, no need for new PI.
Exp: witnesses dies or recanted in testifying, or there is new complaint or changes his degree of
criminal liability - new information and new PI.
This rules does not apply to withdrawals of information and is not time-barred.
Section 9:Failure to move to quash or to allege any ground therefor

Failure to raise the propriety of the court in taking judicial notice of the complaint filed by the
offended party by way of motion to quash bars him from raising said issue on appeal. This being a
condition precedent.
Note:
immunity from suit is a jurisdictional question.
Sufficiency of allegations in the amended information do not fall under exceptions of this
section. They fall under does not conform substantially with the prescribed form.
RULE 118: Pre-trial

pg. 65
Section 1: pre-trial, mandatory in criminal cases

Section 2: pre-trial agreement
Section 3: non-appearance of pre-trial conference
Section 4: pre-trial order
A.M. No. 03-1-09-SC: RE: PROPOSED RULE ON GUIDELINES TO BE OBSERVED BY
TRIAL COURT JUDGES AND CLERKS OF COURT IN THE CONDUCT OF PRETRIALAND USE OF DEPOSITION-DISCOVERY MEASURES
B. Criminal Cases
1. Before arraignment, the Court shall issue an order directing the public prosecutor to submit the record of the
preliminary investigation to the Branch COC for the latter to attach the same to the record of the criminal case.
Where the accused is under preventive detention, his case shall be raffled and its records transmitted to the
judge to whom the case was raffled within three days from the filing of the complaint or information. The
accused shall be arraigned within ten days from the date of the raffle. The pre-trial of his case shall be held
within ten days after arraignment unless a shorter period is provided for by law.[11]
2. After the arraignment, the court shall forthwith set the pre-trial conference within thirty days from the date
of arraignment, and issue an order: (a) requiring the private offended party to appear thereat for purposes of
plea-bargaining except for violations of the Comprehensive Dangerous Drugs Act of 2002, and for other
matters requiring his presence;[12] (b) referring the case to the Branch COC, if warranted, for a preliminary
conference to be set at least three days prior to the pre-trial to mark the documents or exhibits to be presented
by the parties and copies thereof to be attached to the records after comparison and to consider other matters
as may aid in its prompt disposition; and (c) informing the parties that no evidence shall be allowed to be
presented and offered during the trial other than those identified and marked during the pre-trial except when
allowed by the court for good cause shown. A copy of the order is hereto attached as Annex "E". In mediatable
cases, the judge shall refer the parties and their counsel to the PMC unit for purposes of mediation if available.
3. During the preliminary conference, the Branch COC shall assist the parties in reaching a settlement of the
civil aspect of the case, mark the documents to be presented as exhibits and copies thereof attached to the
records after comparison, ascertain from the parties the undisputed facts and admissions on the genuineness
and due execution of documents marked as exhibits and consider such other matters as may aid in the prompt
disposition of the case. The proceedings during the preliminary conference shall be recorded in the Minutes of
Preliminary Conference to be signed by both parties and counsel. (Please see Annex "B")
The Minutes of Preliminary Conference and the exhibits shall be attached by the Branch COC to the case record
before the pre-trial.
4. Before the pre-trial conference the judge must study the allegations of the information, the statements in the
affidavits of witnesses and other documentary evidence which form part of the record of the preliminary
investigation.
5. During the pre-trial, except for violations of the Comprehensive Dangerous Drugs Act of 2002, the trial judge
shall consider plea-bargaining arrangements.[13]3 Where the prosecution and the offended party agree to the
plea offered by the accused, the court shall:
pg. 66
a. Issue an order which contains the plea bargaining arrived at;

b. Proceed to receive evidence on the civil aspect of the case; and
c. Render and promulgate judgment of conviction, including the civil liability or damages duly established by
the evidence.[14]
6. When plea bargaining fails, the Court shall:
a. Adopt the minutes of preliminary conference as part of the pre-trial proceedings, confirm markings of
exhibits or substituted photocopies and admissions on the genuineness and due execution of documents and
list object and testimonial evidence;
b. Scrutinize every allegation of the information and the statements in the affidavits and other documents
which form part of the record of the preliminary investigation and other documents identified and marked as
exhibits in determining farther admissions of facts, documents and in particular as to the following:[15]
1. the identity of the accused;
2. court's territorial jurisdiction relative to the offense/s charged;
3. qualification of expert witness/es;
4. amount of damages;
5. genuineness and due execution of documents;
6. the cause of death or injury, in proper cases;
7. adoption of any evidence presented during the preliminary investigation;
8. disclosure of defenses of alibi, insanity, self-defense, exercise of public authority and justifying or exempting
circumstances; and
9. such other matters that would limit the facts in issue.
c. Define factual and legal issues;
d. Ask parties to agree on the specific trial dates and adhere to the flow chart determined by the court which
shall contain the time frames for the different stages of the proceeding up to promulgation of decision and use
the time frame for each stage in setting the trial dates;
e. Require the parties to submit to the Branch COC the names, addresses and contact numbers of witnesses
that need to be summoned by subpoena;[16] and
f. Consider modification of order of trial if the accused admits the charge but interposes a lawful defense.
7. During the pre-trial, the judge shall be the one to ask questions on issues raised therein and all questions
must be directed to him to avoid hostilities between parties.

pg. 67
8. All agreements or admissions made or entered during the pre-trial conference shall be reduced in writing
and signed by the accused and counsel, otherwise, they cannot be used against the accused. The agreements
covering the matters referred to in Section 1 of Rule 118 shall be approved by the court.
9. All proceedings during the pre-trial shall be recorded, the transcripts prepared and the minutes signed by
the parties and/or their counsels.
10. The trial judge shall issue a Pre-trial Order within ten (10) days after the termination of the pre-trial setting
forth the actions taken during the pre-trial conference, the facts stipulated, the admissions made, evidence
marked, the number of witnesses to be presented and the schedule of trial. Said Order shall bind the parties,
limit the trial to matters not disposed of and control the course the action during the trial. [
Pre-trial in criminal cases is mandatory

Plea bargaining: disposition of criminal charges by agreement between the prosecution and the
accused.
Plea bargaining is not allowed under the Dangerous Drugs Act (imposable penalty is reclusion
perpetua).
Pre-trial agreements must be signed. This is not required however, to stipulation of facts made
during the trial. The same is automatically contained in transcript.
Admission as waiver of right confrontation and right to present evidence on his behalf: the court
deemed as waiver of the right of confrontation, the admission by the accused that witness if
present would testify to certain facts stated in the affidavit of the prosecution.
Stipulation as to evidence: stipulation by counsel as to effect that certain additional witness, if they
were produced and sworn on behalf of both the prosecution and defense, would testify the same as
the actual witness had as to substance of the issue, cannot be accepted as the equivalent of proof
under oath. It is not supposed to be within the knowledge or competence of counsel to predict
what proposed witness may say.
Admission is the mere acknowledgement of a factor or circumstances from which guilt may be
inferred, tending to incriminate the speaker, but not sufficient to establish his guilt.
Evidence showing that defendant is not a recidivist prevails over the implied admission that he is.
A proffer of evidence on the basis of evidence exhibited by the accused during pre-trial is not
sufficient and the acquittal of the accused on the basis thereof is a nullity for want of due process.
RULE 119: Trial

Section 1: time to prepare for trial
Denial of right to prepare is a denial of due process. It is a reversible error. The remedy is appeal
not habeas corpus.
Time to prepare may be extended at courts sound discretion in exceptional cases.
Section 2: continuous trial until terminated; postponements

pg. 68
Continuous Trial Concept: mode of judicial fact finding and adjudication conducted with speed
and dispatch so that trials are held on the scheduled dates without needless postponement. Case
terminated within 90 days unless extended for meritorious reasons.
System requires judge:
a) adhere faithfully to the session hours in the prescribed law
b) maintain full control of the proceedings
c) efficiently allocate and use time and court resources to avoid court delays.
Time limitation no applicable to:
a) Criminal cases not covered by the Rules on Summary Procedure ( penalty does not exceed 6
mos imprisonment or a fine of 1k or both IRRESPECTIVE OF PENALTIES) .
b) RA No. 4908- requiring judges to speedily try criminal cases where in the offended party is
a person about to depart from Philippines with no definite date of return and which
requires to take precedence over all other cases before our courts EXCEPT habeas corpus.
Trial shall start within 3 days from arraignment and no postponement of initial hearing
shall be allowed except illness or other ground beyond the control of accused.
c) speedy trial of child abuse cases: same as b.
d) violations of dangerous drugs law:
if PI conducted by prosecuting officer: file information within 24 hours from PI
if conducted by judge: file complaint within 48 hours from receipt of records of the
case.
Trial shall be finished within 90 days from filing or information/ complaint.
Decision shall be rendered within 15 days from date of submission of the case.
e) Administrative Order No. 104-96
-kidnapping and or kidnapping for ransom, robbery in a band, robbery commited against
banking and financial institution, violatation of dda 1972, violation of IP rights, etc, and other
heinous crimes (ra 7659) shall under go continuous trial for 60 days and decided upon in 30
days. No postponement except in meritorious cases.
Section 3: exclusions
Section 4: factors for granting continuance
Motions for postponement:
May only granted upon meritorious grounds. It is addressed to the sound discretion of the
courts.
Section 5: time limit following an order for new trial

Section 6: extended time limit
Section 7: public attorneys duties where accused is imprisoned
pg. 69
Section 8: sanctions
Section 9: remedy where accused is not brought to trial within the time limit
Section 10: law on speedy trial not a bar to provision on speedy trial in the constitution
Motions must contain a notice of hearing.
If it does not contain it- it is a mere scrap of paper.
Absence of it does not deprive a competent court of jurisdiction over the case. The court still
retains authority to pass on the merits of the motion. The remedy of aggrieved party is to have the
order set aside or the irregularity otherwise cured by the court which dismissed the complaint, or
to appeal from the dismissal NOT CERTIORARI.
However, a motion to quash must contain a notice of hearing and proof of service.
Postponements under the speedy trial act: STA does not prohibit motions for postponement BUT
there are no exclusions in computing time of trial are allowed. Thus, if there are exclusions it will
not be excluded from the 180 days period within which to terminate trial. May only be extended by
SC.
Section 11: order of trial

Burden of proof: on the prosecution. Every element must be alleged and proved.
If accused pleads not guilty: he will be asked if he will interpose a negative of affirmative defense.
-affirmative defense: court may modify order of trial and require accused to prove such defense by
clear and convincing evidence
-negative defense: require the prosecution to prove the guilt of the accused beyond reasonable
doubt.
Trial of accessory can proceed without awaiting the result of separate charge against the principal.
Section 12: application for examination of witness for accused before trial
Section 13: examination of defense witness; how made
Section 14: bail to secure appearance of material witness
Section 15: examination of witness for the prosecution
Examination of defenses Taken before any judge, member of the bar in good standing
witness
designated by the judge in the order, or before inferior court is order
granted by superior court.
Examination
of Taken before court or judge only.
prosecutions witness
Conditional examination of witness:
Meaning: upon examination of the court and it is satisfied.
No hearing is required by the rules before conditional examination of the witness may be allowed.
Use of modes of discovery is not prohibited in criminal cases.

pg. 70
Section 16: trial of several accused

Separate trial is with TCs discretion. Denial is justified when accused is not substantially
prejudiced.
It is understood, that the evidence in the chieft of the prosecution shall remain in the record as
evidence against all the petitioners. It is not necessary for the prosecution to adduce all over again
its evidence in chief in each separate trial of the accused. In the separate trial of the accused, only
the accused presenting evidence has to be present.
Joint trial in the Sandiganbayan: private individuals shall be tried jointly with public officers in the
proper courts.
Public officer as mere accomplice or PO shall be tried jointly with the private individual in the
accessory of principal priv indvl
ordinary courts
Public officer as principal
Joint before Sandiganbayan UNLESS it is impracticable
or impossible.
Section 17: discharge of accused to be state witness

State witness: one of two o more persons jointly charged with the commission of a crime but who
is discharged with his consent as such accused so that he may be a witness for the state.
The fact that the accused has not been charged in the information does not deprive application of
this section. It is not required by the rules. There is not violation of due process.
particeps criminis (state witness)
Discharge of more than one accused: since there is no prosecution witness could substantially
corroborate the testimony of a discharged witness, 2 are discharged to meet the requirement of
substantial corroboration.
Although discharged to be state witness is with courts discretion, all the requisites of discharge
MUST be present.
NO NEED to allege all elements of offense in motion to discharge to become state witness. The
motion will suffice if the allegations contained therein adequately inform the adverse party and the
court what relief the movant is praying for. The only requirement is a hearing to show all elements
are present. B
But need not be by trial type hearing.
When discharged made: can be effected at any stage of the proceeding ( from the filing of
information to the time the defense starts to offer any evidence).
Discharge should not be ordered before presenting evidence by the prosecution.
Discharge may be ordered at any time before defendants have entered upon their defense.
Witness under WITNESS PROTECTION PROGRAM is governed by section 14, Rule 114 on
motion to withdraw.
most guilty DOES NOT MEAN least guilty.
GR: in a CONSPIRACY, all of the accused are EQUALLY guilty.
Exp: conspiracy when done in secret.
Exp to exp: accused not a privy to the conspiracy made in secret.
Fiscal must show that there is an absolute NECESSITY for the testimony of the defendant.
Absolute CERTAINTY is not required
absolute necessity: there is no other source to prove crime.
Moral turpitude: an act of baseness, vileness and depravity in the private and social duty which a
man owes his fellowmen or to society in general done out of spirit of cruelty, hostility or revenge,
but there is also authority to the effect that an act is not so done when it is prompted by the sudden
resentment of an injury calculated in no slight degree to awaken passion.
pg. 71
Everything that is done contrary to justice, modesty, or good morals.

Crimes involving moral turpiture: estafa, abduction with consent, consubinage, murder.
Section 18: Discharge of accused operates as acquittal

GR: Effects of discharge:
a. evidence adduced in support of the discharge shall automatically form part of the trial
if court denies discharge, the accuseds sworn statement in support thereof shall be
inadmissible in evidence.
b. discharge of accused operates as an acquittal and bar to further prosecution for the same
offense.
EXPs:
a) unless accused fails or refuses to testify against his co-accused in accordance with his sworn
statement constituting the basis of his discharge.
b) failure to testify refers exclusively to defendants will
c) extrajudicial confession: admissibility: where an accused who turns states evidence on a
promise of immunity but later retracts and fails to keep his part of the agreement, his
confession of his participation in the commission of the crime is admissible as evidence
against him
d) once discharged even if one or all of the conditions required for discharge did not really exist,
that fact does not affect the legal consequences of the discharge and the admissibility and
credibility of his testimony if, otherwise admissible and credible.
Effect of irregular discharge: does not affect the competency and quality of the testimony of the
discharged defendant.
Effect of courts error in the discharge: does not relieve from criminal responsibility the guilty
participants who are not discharged ( as state witness).
The improper discharge of an accused will not render inadmissible his testimony nor detract from
his competency as witness. It will not invalidate his acquittal.
Discharge as state witness of an accused who already pleaded guilty but not yet sentenced was
allowed.
Discharge of a state witness after he testified is allowed.
The fact that not all the requisites of discharge are present is not a ground to recall his discharge.
A state witness under the witness protection program ( RA 6891)
Sec. 10. State Witness. Any person who has participated in the commission of a crime and desires to
be a witness for the State, can apply and, if qualified as determined in this Act and by the
Department, shall be admitted into the Program whenever the following circumstances are present:
(a) the offense in which his testimony will be used is a grave felony as defined under the Revised Penal
Code or its equivalent under special laws;
(b) there is absolute necessity for his testimony;
(c) there is no other direct evidence available for the proper prosecution of the offense committed:
(d) his testimony can be substantially corroborated on its material points;
(e) he does not appear to be most guilty; and
pg. 72
(f) he has not at any time been convicted of any crime involving moral turpitude.
An accused discharged from an information or criminal complaint by the court in
order that he may be a State Witness pursuant to Section 9 and 10 of Rule 119 of the
Revised Rules of Court may upon his petition be admitted to the Program if he complies with
the other requirements of this Act. Nothing in this Act shall prevent the discharge of an accused, so that he
can be used as a State Witness under Rule 119 of the Revised Rules of Court.
Sec. 11. Sworn Statement. Before any person is admitted into the Program pursuant to the
next preceding Section he shall execute a sworn statement describing in detail the manner in which
the offense was committed and his participation therein. If after said examination of said person, hi s
sworn statement and other relevant facts, the Department is satisfied that the requirements of this Act and
its implementing rules are complied with, it may admit such person into the Program and issue the
corresponding certification.
If his application for admission is denied, said sworn statement and any other testimony given in
support of said application shall not be admissible in evidence, except for impeachment purposes.
Sec. 12. Effect of Admission of a State Witness into the Program. The certification of
admission into the Program by the Department shall be given full faith and credit by the p rovincial or
city prosecutor who is required not to include the Witness in the criminal complaint or
information and if included therein, to petition the court for his discharge in order that he
can utilized as a State Witness. The Court shall order the discharge and exclusion of the said
accused from the information.
Admission into the Program shall entitle such State Witness to immunity from criminal prosecution
for the offense or offenses in which his testimony will be given or used and all the rights and benefits
provided under Section 8 hereof.
Sec. 13. Failure or Refusal of the Witness to Testify. Any Witness registered in the Program who
fails or refuses to testify or to continue to testify without just cause when lawfully obliged to do so,
shall be prosecuted for contempt. If he testifies falsely or evasively, he shall be liable to prosecution
for perjury. If a State Witness fails or refuses to testify, or testifies falsely or evasively, or violates any
condition accompanying such immunity without just cause, as determined in a hearing by the proper
court, his immunity shall be removed and he shall be subject to contempt or criminal
prosecution. Moreover, the enjoyment of all rights and benefits under this Act shall be deemed
terminated.
The Witness may, however, purge himself of the contumacious acts by testifying at any appropriate stage
of the proceedings.
Sec. 14. Compelled Testimony. Any Witness admitted into the Program pursuant to Sections 3
and 10 of this Act cannot refuse to testify or give evidence or produce books, documents,
records or writings necessary for the prosecution of the offense or offenses for which he has
been admitted into the Program on the ground of the constitutional right against selfincrimination but he shall enjoy immunity from criminal prosecution and cannot be subjected
to any penalty or forfeiture for any transaction, matter or thing concerning his compelled
testimony or books, documents, records and writings produced.
pg. 73
In case of refusal of said Witness to testify or give evidence or produce books, documents, records, or
writings, on the ground of the right against self-incrimination, and the state prosecutor or
investigator believes that such evidence is absolutely necessary for a successful prosecution of the
offense or offenses charged or under investigation, he, with the prior approval of the department, shall
file a petition with the appropriate court for the issuance of an order requiring said Witness
to testify, give evidence or produce the books, documents, records, and writings described,
and the court shall issue the proper order.
The court, upon motion of the state prosecutor or investigator, shall order the arrest and detention
of the Witness in any jail contiguous to the place of trial or investigation until such time that the
Witness is willing to give such testimony or produce such documentary evidence.
There is no need for the prosecution to first charge a person in order to qualify for the
program.
Discharge of state witness operates as acquittal and cannot be subsequently be re -included
in complaint except when he fails or refuses to testify
Amended information are not new information they are a continuation of the original
information, so that a discharge under the original information is just as binding upon the
subsequent amended information.
This rules does not apply were there is no discharge to utilize him as witness. This act refers
to the discharge BEFORE he testifies.
Before arraignment, Rule 110 section 4 is the applicable rule for discharge of accused NOT
this section.
Testimony of a co-conspirator is not sufficient for conviction of the accused UNLESS other
evidence supports such testimony OR when testimony is made in a straightforward manner
and it contains details which could not have to be the result of deliberate afterthought.
Section 19: when mistake has been made in charging the proper offense
Amendment BY SUBSTITUTION- allowed provided the accused will not be put to DJ
Cases:
Oral defamation
Error in name of offended party- court should dismiss case and order fiscal
to file another information charging same accused and hold the accused in
custody to answer for new charge. No DJ ( different offended).
Bribery
The allegations in the information amount to bribery not to robbery. Dismiss
and file new information. No DJ.
Abduction
with Court arrived at a judgment of abduction and not rape. Dismiss complaint
consent
for abduction and file for rape
Qualified
Dismiss information for qualified seduction before the accused has rested his
seduction to rape
case for the filing of an information of rape without violating his right against
DJ.
Section 20:Appointment of Acting Prosecutor

Section 21: exclusion of the public
pg. 74
It is within the TCs discretion to allow or not to allow a witness to testify, who notwithstanding
the order excluding witness from the courtroom, remained there, although the court believes that
the testimony of said witness should have been admitted.
Section 22: consolidation of trials of related offenses

Purpose: avoid multiplicity of suits.
Propriety:
a) offenses charged are similar, related or connected, or are of the same or similar character or
class,
b) or involve or arouse out of the same or related or connected acts, occurrences,
c) or are based on acts or transactions constituting parts of a common scheme or plan,
d) or are the same pattern and committed in the same manner,
e) or where there is a common elements of substantial importance on their commission,
f) or where the same or much the same evidence will be competent and admissible or required in
the prosecution of substantially the same testimony will be required on each trial.
PROVIDED: no party would be prejudiced and multiplicity of suits avoided.
Section 23: demurrer to evidence
Rule has retroactive effect

It is an interlocutory order
It is submitted to the sound discretion of the court.
Rules does not apply where prosecution had not yet rested its case at the time the motion to acquit
was presented.
Even if the prosecution has already rested its case and defense filed a demurrer to the evidence, it
is still in the courts discretion to allow the prosecution to present additional evidence.
Where despite denial the accused still pushed for his demurrer instead of presenting evidence, he
may be deemed to have waived his right to present evidence and the case is deemed submitted for
decision.
Dismissal of a criminal case by a grant of this is not appealable as the accused would be placed in
DJ.
Certiorari allowed when there is lack of juris or grave abuse.
Section 24: reopening
RULE 120: Judgement

Section 1: time to prepare for trial
Reprehension in the decision:
-Highly reprehensible criticism by court has no effect on acquittal of accused BUT accused mat
move to have it eliminated from the courts opinion if he thinks it is unwarranted and uncalled for
AND to appeal to higher court if denied.
-Reprehension must be relevant to the issues of the case.
- court is free to give opinion but may do so with common sense of propriety and decorum
Section 2: contents of the judgment

pg. 75
Form of judgment in Sandiganbayan: shall contain complete findings of the facts and the law on
which they are based, on all issues properly raised before it and necessary in deciding the case.
It is not necessary for the validity of the judgment that it be rendered by the judge who heard the
case.
Strict compliance: decision must clearly state the facts and law on which it is based. Ratio: so that
it may be used in appeal and to safeguard parties of impetuosity of judgment.
Remedy is not complied: remand the case to court of origin for the rendition of new judgment
TC should not merely reproduce everything testified by the witness.
memorandum decisions: a court in appealed cases may adopt by reference the findings of facts
and conclusions of law contained in the decision appealed from.
For this to be valid: this must embody the findings of facts and conclusions of law of the lower
court in an annex attached to and made an indispensible part of the decision.
Judgment must be in writing: a judgment made verbal is not final and thus not binding.
Judgment of conviction:
-Contents:
a)Legal qualification of the offense ( acts/ omissions, AC, MC, etc)
Failure to designate crime: not error for judge. He need not mention the particular provision.
b) participation of the accused
c) penalty to be imposed ( must be that exactly provided by RPC)
- alternative sentences is not allowed.
- alternative penalty is not allowed.
- use proper terminology ( eg. reclusion perpetua)
d) civil liability or damages or damages UNLESS separate action/ reserved/ waived.
- court must provide.
- judgment should declare civil liability, if proper.
failure to award civil liability is appealable.
When prosecutor, before trial on the merits, files affidavit of desistance in order to file civl action
to recover the things subject of the crime, the offended party is no longer entitled to restitution of
things in the same criminal case. The desistance carried the dismissal of the civil aspects
accompanying the filing of the criminal information. Remedy: filing an entirely new civil action.
Despite acquittal, accused can still be held civilly liable.
Extent of damages awarded in civil liability arising from crimes:
1. Actual damages
Must be supported with receipts
GR: It must be proves with reasonable degree of certainty, premised upon competent porrd
and on the best evidence obtainable by the injured party.
Exp: damafes for death caused by a crime or quasi- delict ( Art 2206, NCC)
2. moral damages
-must be specifically stated. In rape- mandatory: 50k.
3. exemplary damages
no AC, no exemplary damages.
4. loss of earning capacity
5. attorneys fees
6. liquidated damages: fixed by the parties
7. nominal damages
pg. 76
adjudicated in order that a right of the plaintiff which has been violated or invaded by the
defendant, may be vindicated or recognized, and not for the purpose of indemnifying the
plaintiff for any loss suffered by him.
Damages are the amounts recoverable or that which can be awarded for the damage done or
sustained.
Damages ( civil code) Sum of money which the law awards or imposes as pecuniary
compensation, recompense, or satisfaction for an injury done or a wrong
sustained as a consequence of either breach of a contractual obligation or
a tortuous or illegal act
Damage
Pertains to the actionable loss, hurt or sham which results from the
unlawful act, omission or negligence of another.
Damages may be increased on appeal.
Where the post dated checks were issued by the accused not in payment of his personal
obligation but of a contractual obligation of the corporation, of which he was the president,
claim for civil liability is without basis. Any claim for the tortuous liability must be ventilated
against the corporation in a separate action.
Section 3: judgment for two or more offenses

But is accused, is charged only for one offense, he can not be convicted for two.
In multiple rape, accused is not only liable for the rape he committed but also those committed by
others, because of his cooperation in perpetrating it.
Each forced sexual intercourse is one distinct offense of rape.
Failure to file a motion to quash on the ground of duplicity will result to this section.
Section 4: judgment in case of variance between allegation and proof

Section 5: when an offense includes or is included in another
An accused can not be convicted of an offense not charged or included in the information.
Rules:
Situation
Convicted for
Offense proved is less serious than, and necessarily included Offense proved: murder
in, offense charged
Proved: homicide
Charged: murder
Offense proved is more serious than, and necessarily included Offense charged: slight physical
in, offense charged
injuries
Proved: serious physical injuries
Charged: slight physical injuries
Rule does not require that all essential elements of the offense charged in the information be
proved in order that the accused may be convicted of the crime included in the one charged it is
sufficient that some of the essential elements of the crime charged be established and that
these constitute the crime proved.
Anti-graft charged includes falsification of official and commercial document.

pg. 77
Act can be had under an information exclusively charging the commission of a willful offense. ( eg.
accused charged with willful malversation can be validly convicted of malversation thru negligence
where the evidence sustains the latter mode committing the offense).
MINOR variance: minor variance between the information and that established by the evidence
will not in any manner alter the nature of the offense. ( eg. minor detail on weapon used to kill)
Where an offense may be committed in any of several modes, it is sufficient to prove the offense
committed in any one of them, provided it be such as to constitute the substantive offense and that
accused did not object to such evidence.
Where the accused was definitely and squarely charged with rape, he cannot be convicted of
qualified seduction. Rape and qualified seduction is not identical offenses. BUT one who is
charged with rape may be found guilty of qualified seduction when the verified complaint for rape
contains allegations which aver the crime of seduction.
Technical malversation does not include, or is nor included in the crime of malversation of public
funds.
An accused charged as co-principal may validly be convicted as accessory even if the principal is
acquitted.
The fact that the information indicated marijuana dried leaves, while the lab result dried flowering
tops is not a ground for acquittal.
Accused cannot be convicted of the complex crime constitutive of various crimes alleged in two
separate information.
Simple robbery included in kidnapping with ransom. ( unlawful taking with intent to gain)
An accused charged of a complex offense may be convicted of one of the component offenses.
Where there is a variance involving the date or amount of checks described in the information and
evidence, accused cannot be held liable for violation of BP 22.
Section 6: Promulgation of judgment

Promulgation of judgment, generally done, 990 days after case is submitted for decision.
Promulgation can not take place until after the clerk receives it and entered it into the criminal
docket.
Judgment must be rendered in its entirety. No just the dispositive portion.
IF no promulgation of decision, NOT DOUBLE JEOPARDY since the first jeopardy is not yet
terminated.
Where what was promulgated was merely the civil aspect the promulgation was not merely
incomplete but also void.
Sin Perjuicio judgment NOT allowed. (where there is an implied reservation that it is subject to
modification when the decision is finally rendered).
Recording of judgment in criminal docket satisfies the requirement of satisfying the accused of the
decision wherever he may be.
Receipt of copies of decision by counsel is sufficient notice.
Where the judgment is for conviction, and the accused failed to appear at the promulgation of
judgment without justifiable cause, despite due notice to him, his bondsmen or counsel said
accused may be deemed to have waived his right to appeal.
Section 7: Modification of judgment

Judgment of conviction may be final even before the lapse of 15 days if accused demonstrates his
conformity in a clear and express manner to the sentence by renouncing or waiving in writing his
right to appeal therefrom.
pg. 78
After commitment and commencement of service of sentence, judgment can no longer be

modified.
Section 8: entry of judgment

Section 9:existing provisions governing suspension of sentence, probation, and parole
not affected by this rule
Check Probation Law
RULE 121: New Trial or Reconsideration

Section 1: New trial or reconsideration
A motion for new trial on the ground of errors of law in the judgment may be properly called a
motion for recon is equivalent to a motion for new trial.
Errors of law in the judgment do not affect or invalidate the whole proceedings prior to the
judgment, but only the judgment itself, to correct such errors no new trial is required but only a
reconsideration of the original judgment.
Both motions have the same effect of interrupting the period of perfecting appeal.
New Trial and Recon VS MOTION to reopen trial
-there is no specific provision in the RoC for motions to reopen trial.
-the reopening of a case for the reception of further evidence before the judgment is not the
granting of a new trial.
- motion to reopen must be made before judgment.
- motion for NT made after promulgation of judgment.
- ground for Motion to reopen: paramount interest of justice, it rests on discretion of court.
- denial of motion to reopen: motioned to present evidence when prosecution was already given
ample time to present evidence.
Motions for new trial is filed within period of perfection of appeal.
Lost appeal cannot be retrieved by a motion for new trial.
Accused appealed to CA, injured filed motion for reconsideration for civil liabilty= lower court has
jurisdiction to pass upon civil liability.
Section 2: Grounds for New Trial

Motion of the courts with accuseds consent: eg. court finds that evidences presented are
incomplete and unsatisfactory.
Mistakes or errors ( by reason of ignorance, inexperience, and incompetence) of counsel in
conducting the case is not a ground for new trial.
EXP: when the incompetency of the counsel is SO GREAT that the defendant is prejudiced and
prevented from fairly presenting his defense and where the error of the counsel is serious.
Violation of Right to counsel is ground for New Trial.
Dismissal of appeal will be set aside if lawyer is fake. Exception: the accused has knowledge of this.
Improperly swearing of witness is not a ground for NT.
Loss of stenographic notes after trial is not a ground for NT.
Newly Discovered Evidence:
Requisites: BERRY RULE
pg. 79
a) evidence was discovered after trial

b) such evidence could not have been discovered and produced at the trial even with the
exercise of reasonable diligence.
c) the evidence is material, not merely cumulative, corroborative, or impeaching
d) it must go to the merits as ought to produce a different result if admitted.
Rule on NT requires STRICT compliance.
DNA is not considered as a NDE.
SC may provide for other grounds of NT.
Recantation of Witness: to renounce and withdraw a prior statement formally and publicly. IT IS
NOT A GROUND FOR NT. Affidavit of desistance is not recantation.
When NT may be granted on this ground:
a) when aside from the testimony of said witness retracting there is not other evidence to
support the judgment of conviction.
b) witnesses who are shown to have made contradictory statements as to material facts under
which circumstances the court maybe led to a different conclusions.
- impeachment evidence based on retraction not ground for NT.
Affidavits of desistance is not a ground for dismissal of an action filed. There must be other
evidences in order for it to be considered.
Using a perjured testimony and knowing that it is is a ground for new trial ( americal ruling)
Section 3: Grounds for reconsideration

Section 4: Form of motion and notice to prosecutor
It is no longer required for these motions to be verified.
Absence of affidavit of merit is cures by the testimony under oath of the appealland at the hearing
of the motion for recon.
Absence of notice of hearing makes motion only a pro forma. Supplemental pleading to the motion
will not cure it. Exp, it will result in manifest miscarriage of justice.
Section 5: Hearing on motion

Section 6: effects of granting a new trial or reconsideration
No double jeopardy:
-appeal of accused through this motions is a waiver of the second jeopardy attaching.
- if granted, parties are placed in the original position as if there was no trial.
Order granting NT may limit the trial to certain issues or parties
There is no restriction to NDE unless expressly stated by the order.
Former judgment is vacated: as if there has never been a trial.
Motion for reconsideration in the Sandiganbayan.
- Made within 15 days after promulgation and decided 30 days after.
Order granting NT in criminal cases is appealable.
RULE 122: Appeal

Section 1: who may appeal
pg. 80
Right to appeal is only statutory. However once granted, appeal becomes part of due process and
should be liberally applied in favor of right to appeal.
Judgment of acquittal becomes final immediately after promulgation and cannot be recalled for
correction or amendment.
Erroneous dismissal after trial constitutes double jeopardy. Also, no reopening to modify
judgment.
ExP: when accused pleaded guilty but reserved right to present evidence that amount he stole was
already recovered by authorities.
Neither is the remedy of certiorari to annul the judgment of acquittal in a criminal case available,
the reopening of which far any reason is forbidden.
GR: appeal from prosecution from order of dismissal is DJ.
Exps: NOT DJ
a) dismissal is made upon motion or with the express consent of the defendant
b) the dismissal is not an acquittal or based upon consideration of the evidence or on the merits of
the case
c) the question to be passed upon by the appellate court is purely legal so that should the
dismissal be found incorrect, the case would have to be remanded to the court of origin for
further proceedings, to determine the guilt or innocence of the accused,
if the judge commits only an error of judgment, not tantamount to a grave abuse or discretion, the
proper remedy for correcting such an error is not certiorari but appeal.
Appeals to any court where PP is a party, OSG must be informed. Failure to serve such notice of
appeal to OSG is a ground for dismissal of the petition.
Right of offended party to appeal: pertains to civil aspect of the case.
- No right to appeal by offended party where accused was completely exonerated. Exp where
reservation to file the same was made.
- Civil award may be appealed by the private prosecutor on beheld of the offended party
- Conformity of OSG is not necessary.
Right of the prosecution to appeal:
ONLY Solicitor General, not fiscal or private prosecutor, represents the PP on appeal. Otherwise,
dismissed. But when made by private prosecutor, the same is cured when SG intervenes.
BUT offended party retains right to bring a special civil action for certiorari in his own name in
criminal proceedings.
GR: certiorari is not available when period to appeals has lapsed.
Exps:
a) when public welfare and the advancement of the public policy dictates
b) when the broader interest of justice so requires
c) when the writs issued are null and void
d) when the questioned order amounts to an oppressive exercise of judicial authority.
Section 2: where to appeal

Section 3: how appeal taken
Appeals to the Sandiganbayan
Appeals from the Sandiganbayan
pg. 81
Appealable to the SC. By petition for review on certiorari raising purely questions of law in
accordance with Rule 45, roc.
Apply Rule 65 where only jurisdictional issues are raised.
Section 4: service of notice of appeal

Section 5: waiver of notice
Perfection of appeal in criminal cases: after the interested party, or parties, has personally or
through his attorney, filed with the clerk of court a written notice expressly stating the appeal.
Verbal notice of appeal on open court + filing of bond= substantial compliance with the rules.
Failure by appellant to serve copy of his appeal to provincial fiscal is not a defect which can either
nullify the appeal or prejudice the accused.
Effect of perfection of appeal: court of origin loses its jurisdiction over the record and over the
subject of the case.
Section 6: when appeal may be taken

15 day period is mandatory.
Period to appeal by offended party on civil aspect only, apply rules on civil actions.
Fresh period rule is now applied not balance rule if motion for NT or Recon.
SC may decide case on appeal even if it was belatedly filed.
Appeal from judgment
promulgation
Appeal from final order notice
Section 7: Transcribing and Filing notes of stenographic reporter upon appeal
Section 8: Transmission of papers to appellate court upon appeal
Section 9: appeal to the RTC
Section 10: Transmission of records in case of death penalty
Lost appeal can not be retrieved by new trial.
Section 11: Effect of Appeal by any of several accused

Appellate court has no jurisdiction over one of the accused who did not appeal.
The judgment as to accused who did not appeal became final and executor.
Section 12: Withdrawal of Appeal

Withdrawal of appeal after the case has been submitted for decision is discretionary upon the
court.
Court may deny it: eg. to correct the penalty it imposed. Accused should be sentenced with heavier
penalty.
Withdrawal of appeal should be allowed only BEFORE the trial of the case on appeal and NOT
during or after it. To rule otherwise will assist the accused to withdraw when he feels that decision
on appeal will impose a heavier penalty upon him.
Where the only reason for withdrawal is poverty, a counsel de officio must be appointed.
pg. 82
RULE 123: Procedure in Municipal Trial Courts

Section 1: uniform procedure
INSERT RULES ON SUMMARY PROCEDURE
RULE 124: Procedure in Court of Appeals

Section 1: title of the case
Section 2: appointment of counsel de officio for the accused
Section 3: when brief for appellant to be filed
Section 4: when brief for appellee to be filed; reply brief the appellant
Section 5: extension of time for filing briefs
Section 6: form of briefs
Section 7: content of brief
Issues that may be raised: issues which were never raised in the proceedings before the TC cannot
be considered and passed upon on appeal.
Withdrawal of appeal: after briefs are files- upon courts discretion.
Section 8: dismissal of appeal for abandonment or failure to prosecute

Lack of notice may be cured: by filing of a motion for reconsideration or to set aside the order
dismissing the appeal. This does not apply: where there was negligence of the lawyer.
Section 9: prompt disposition of appeals

It is discretionary on the court won to set case for oral argument.
Section 10: judgment not to be reversed or modified except substantial error

Remand may be made where there is omission in the statement of facts in the judgment.
Section 11: scope of judgment

All errors, assigned or not, should be reviewed.
When accused appeals, waived DJ.
Conviction of CA of higher offenses is allowed.
Section 12: power to receive evidence
Section 13: certification or appeal of case to the Supreme Court
Check amendments
Section 14: motion for new Trial
Section 15: where new trial conducted
pg. 83
Section 16: reconsideration

Mittimus: a process issued by the court after conviction to carry out the final judgment, such as
commanding a prision warden to hold the accused in accordance with the terms of the judgment.
Section 17: judgment transmitted and filed in the trial court

Manner or promulgation is made by serving copies to the parties.
Promulgation under Section 6, Rule 120 DOES NOT APPLY.
Transmitted back to court of origin not for promulgation but ONLY for execution of the judgment
against him.
Section 18: Application of certain rules in civil procedure to criminal cases

Rule 47 (annulment of judgment) is not applied. Remedy instead is habeas corpus of certiorari.
RULE 125: Procedure in Supreme Court

Section 1: uniform procedure
Section 2: review of decisions of the court of appeals
Section 3: decision if opinion is equally divided
Rule 45: CA to SC
RULE 126: Search and Seizure

Section 1: search warrant defined
In SW: need not conduct searching examination of witness before issuance unlike in WoA.
SW before the court, while PI before the authorized officer.
SW must conform strictly to the requirements of the constitutional and statutory provisions,
ontherwise, VOID.
Section 2: court where application for search warrant shall be filed

Any court may issue a search warrant enforceable anywhere in the Philippines for as long as it is
the place described in the SW.
Since it is not an initiatory pleading, absence of such in the application for SW will not results to
its dismissal.
Section 3: Personal property to be seized

Personal property does not require that the property to be seized should be owned by the person
against whom the SW is directed. What is important is that the latter has control and possession of
the property sought to be seized
Machinery placed NOT by owner of the tenement or the his agent, cannot be considered as
immobilized. Thus it is a personal property susceptible to SW.
pg. 84
Section 4: requisites for issuing search warrant

Section 5: examination of complainant; record
Probable Cause: such facts and circumstances which could lead a reasonable discreet and prudent
man to believe that an offense has been committed and that the objects sought in connection with
the offense are in the place sought to be searched.
-Basis: PC shown to be within the personal knowledge of the complainant and the witnesses he
may produce and not based on mere hearsay.
-Knowledge: Won it has been drawn in a manner that perjury could be charged thereon and the
affiant will be held for damage caused.
- Personal knowledge of the witness not necessarily the applicant is sufficient.
-There is presumption of regularity in the determination of PC as long as there is substantial basis.
- substantial basis: that the questions of the examining judge brought out such facts and
circumstances as would lead a reasonable discreet and prudent man to believe that an offense has
been committed, and the objects in connection with the offense sought to be seized of the deposition
was reiterated.
- time of application in relation to the offense: should not be so remote.
- There is a need of competent proof of particular acts or specific omissions in the ascertainment of
PC.
- There is no need of presenting of master tapes of copyrighted films for violation of anti-film
piracy. However when what was infringed was a specific television show, master copy must be
presented.
- Probable Cause to be determined only by judge.
- The PC to be determined only by judge does not extend to deportation proceedings. It is the
president or the commissioner of immigration that may order arrest.
- NO SCATTER SHOT WARRANT. PC must be in connection with ONE SPECIFIC OFFENSE.
- failure to mention specific offense is not necessarily violative of Rule 126.
Insufficient:
1. Mere affidavits of the complainant and his witnesses are not sufficient. The examining
judge has to take depositions in writing of the complainant and the witnesses he may
produce and to attach them to the record.
2. statement contained in a joint affidavit that the evidence gathered and collected by out
unit clearly shows that the premiseswere used for subversive activities.
3. gathered information from verified resources- NO personal knowledge. ( might have
been allowed if there were searching questions made).
4. deposition based on hearsay
5. pre-typed questions with answer that does not show personal knowledge.
Sufficient:
1. Deposition of a member of intelligence division of BSP after close observation and
investigation. Need not identify each and everyone involved. However, if the violation is an
isolated transaction, it is material to specify and identity each and every party so that search
and seizure be limited to the records pertinent thereto.
pg. 85
Seizure of obscene material:

Pita vs Court of appeals, guidelines:
a) the authorities must apply for the issuance of a search warrant from a judge, if in their
opinion, an obscenity rap is in order
b) the authorities must convince the court that the material sought to be seized are obscene
and pose a clear and present danger of an evil substantive enough to warrant state
interference and action
c) the judge must determine won the same are indeed obscene ( resolved on a case to case
basis)
d) If PC exists, it may issue the SW prayed for
e) Proper suit is then brought in the court under ART 201, RPC
f) Any conviction is subject to appeal. The appellate court may asses won the properties are
indeed obscene
Manner of examination
1. Judge must examine the witnesses personally
2. Examination must be under oath
3. The examination must be reduced to writing in the form of searching questions and
answers
- Examination is heard ex-parte ( it is not a trial or a part of a trial) and may be done in
chambers but action must be expedited ( because time of the essence) . Not done in public. Not
merely routinary.
- Examination must be probing and exhaustive, not merely routinary or pro forma. Asking in
leading questions or general manner is insufficient.
- Judge should have opportunity to observe the demeanor of the complainant and the witnesses.
Particularly describing the place to be searched and the persons or things to be seized.
- Purpose:
a) readily identity the properties to be seized and thus prevent them from seizing wrong items
b) leave said officers with no discretion regarding the articles and prevent unreasonable search
and seizure.
- search warrant can not be used to obtain evidence not contained in it.
- sufficient: if the officer with the warrant can, with reasonable effort ascertain and identify
from the record the place and things in the SW.
- technical precision is not required
- search warrant is severable: the general description of most of the documents issued in the
SW does not render the entire warrant void.. it remains enforceable as to items particularly
described.
TESTS of particularity:
a) when the description therein is as specific as the circumstances will ordinarily allow or
b) when the description expresses a conclusion of fact- not law by which the warrant officer
may be guided in making the SW or
c) when the things described are limited to those which bear direct relation to the offense for
which the warrant is being issued.
-
General warrants: not specific. not allowed.

pg. 86
Tests on won the SW describes premises with particularity:

a) Won the officer enforcing the SW can with reasonable effort, ascertain and identify the
place intended to be searched.
b) The executing officers prior knowledge as to the place is relevant, esp where the executing
officer is the affiant on whose affidavit the warrant has issued, and when he knows that the
judge who issued the warrant intended the building described in the affidavit.
c) The executing officer may look to the affidavit in the official court file to resolve an
ambiguity in the SW as to the place to be searched.
Section 6: issuance and form of search warrant

Section 7: right to break door or window to effect search
Knock and announce principle.
When unanimous intrusion is permissible:
a) a party whose premises or is entitled to the possession thereof refuses, upon demand, to open
it.
b) When such person in the premises already knew of the identity of the officers and their
authority and persons
c) When the officers are justified in the honest belief that there is an imminent peril to life and
limb
d) When those in the premises, aware of the presence of someone outside are then engaged in
activity which justifies the officers to believe that an escape of destruction of evidence is being
attempted.
- List not exclusive.
Section 8: search warrant of house, room, or premises to be made in presence of two witnesses
Section 9: time of making search
Search shall only be made on the day and time and purpose indicated in the SW. Beyond that
anything searched and seized is not allowed.
Section 10: validity of search warrant

A search warrant cannot be used everyday for ten days for different purposes. But when a search
was interrupted, it can be continued provided it is still within the 10 days.
Section 11: receipt for the property seized

Absent- irregularity and invalidates search.
Section 12: delivery of property and inventory thereof to court; return and proceedings thereon
Court approval which issued SW is necessary for the retention of the property seized by the police
and only then will their custody be considered custody of the court.
Section 13: search warrant incident to lawful arrest

PC is an essential requisite.
Generally, if the police had time to obtain a SW but they did not do sp, arrest or search is unlawful.
pg. 87
WARRANTLESS SEARCH AND SEIZURE:

1. Search without warrant of person arrested: search incident to a lawful arrest or valid warrantless
arrest.
- made while a crime is being committed or after its commission.
-GR: in warrantless searches incident to a lawful arrest, the arrest must precede the search which is
merely incidental.
Exp: a search substantially contemporaneous with an arrest can precede the arrest if the police had
probable cause to make the arrest at the outset of the search.
-Property to be seized incidental to a lawful arrest:
a) dangerous weapons OR
b) anything which may be used as proof of the commission of offense.
Scope of Warrantless searches:
1) time and place of search:
- cannot be made in a place other than the place of arrest.
-immediate control test: the scope of the warrantless search incidental to a lawful arrest is limited
to the person and area within which the arrestee could reach for a weapon or reach for evidence to
destroy it.
2). Search of vehicles
- ratio: impracticability of securing a warrant because vehicles can move quickly.
- the fact that the vehicles looked suspicious because it is not common is not PC.
- passengers of a car is not held liable.
- PC based on information or intelligence reports gathered from surveillance is valid.
- Check points: valid.
3). Consented search without warrant
- may be made expressly or impliedly
- requisites of valid waiver:
a) right exists
b) that the person involved has knowledge, actual or constructive of the existence of rights
c) that he had actual intention to relinquish the right
- failure to object cannot be presumed to be a waiver
- deaf mute without interpreter cannot waive ( does not know what was happening)
-submissive stance is a waiver.
- consent given in intimidating situation is no consent at all.
- Totality of circumstance Principle: take all circumstances under which it is effected to justify the
search.
- person illegally detained- consent given during is illegal.
- search under this maybe effected only to that which it is allowed. Thus, may not search something
not consented to by the person searched.
4). Plain View Doctrine
pg. 88
- objects in plain view of an officer who has the right to be in the position to have that view are subject
to seizure and may be presented as evidence.
- Limitation:
a) prior justification for intrusion
b) inadvertent discovery of the evidence
c) immediate apparent illegality of the evidence before the police only PC and not absolute certainty is
required.
d) plain view justified mere seizure of evidence without further search
Discussed:
a) prior justification for intrusion
- whether it be a warrant for another object, hot pursuit, search incidental to a lawful arrest, some
other legit reason.
- once the valid portion of the SW has been executed, the PVD can no longer provide any basis for
admitting the other items subsequently found.
b) inadvertent discovery of the evidence
- the fact that the police had to look for the MJ plant before effecting arrest is unlawful not valid
warrantless arrest. PVD applies only where the police officer is not searching for evidence against the
accused, but unintentionally comes across an incriminating object
c) immediate apparent illegality of the evidence before the police only PC and not absolute certainty is
required.
-it must be immediately apparent to the police that the items that they observe may be evidence of a
crime, contraband, or otherwise subject to seizure.
- they must have a clue of what is inside a container ( eg. transparent)
- if there is a need to move objects or open container to find the illegal item, not in plain view.
-Plainview in motor vehicles.
5). Search in the exercise of police authority under customs: in violation of Tariff and Customs Code
- search of premises NOT being a dwelling house
- search of vessel of aircraft ( includes removal of obstruction to discover contents)
- search of fishing vessel ( same as ratio for moving vehicles)
- warrantless SS under Section 80, PD no. 705, Revised Forestry Code of the Philippines, involcing
forest products.
- search of any vehicle, beast, or person
6). Exigent circumstances:
- catch all category
- searches based on PC under extraordinary circumstances.
Examples:
a) where the distinctive odor of the mj emanated from the plastic bad carried by accused
b) where an informer positively identified the accused who was observed to have been acting
suspiciously

pg. 89
c) where the accused fled when accosted by the police where the accused who were rding a jeep
were stopped and searched by police who received confidential report that suspect would
transport mj.
7). Stop-and-frisk rule:
-TERRY RULE
where a police officer observes unusual conduct which leads him reasonable to conclude in light of
HIS EXPERIENCE that criminal activity MAY BE AFOOT and that the persons with whom he is
dealing MAY BE ARMED and DANGEROUS, where in the course of investigating this behavior HE
IDENTIFIED HIMSELF as a policeman and makes REASONABLE inquiries, and NOTHING in the
initial stages of the encounter serves to dispel his REASONABLE FEAR for his own or others safety,
he is entitled for the protection of himself and others in the area TO CONDUCT a CAREFULLY
LIMITED SEARCH of the OUTER CLOTHING of such persons IN AN ATTEMPT to DISCOVER
weapons which MIGHT BE USED TO ASSAULT HIM. (Terry Rule)
- laid down the specific and articulable facts standard AND pat down search for weapons.
- stop and search is different from stop and frisk ( former needs PC, while latter no need)
- applying terry rule, extensive search is not allowed. The latter is only allowed if there is a PC.
Total Exclusionary Rule: any evidence obtained in violation of the search and seizure shall be
inadmissible for any purpose in any proceedings.
Who may assail legality of SS:
a) raised by those whose right has been invaded
b) if properties of corporation: must be made in the name of the corporation
c) legality of checkpoints, persons whose rights were SPECIFICALLY VIOLATED.
How to challenge legality of SS: file a quashal of search warrant
Exp: seriousness and urgency of the case: certiorari
May be waived when there is no objection on the legality of the SS was raised during the trial of
the case or to the admissibility of the evidence obtained through said warrant.
However, waiver of illegality of arrest or search IS NOT WAIVER to the object to the admissibility
of documentary evidence. Because objections to documentary evidence must be made at the time
it is formally offered in evidence.
Things not specifically mention in the SW must be returned in order to comply with the
constitutional provision regulating the issuance of SW.
Illegality of SW does not call for the return of things seized where the possession of which is
prohibited by law.
The total exclusionary rule may only be invoked against illegal SS BY the govt or its agents.
Where there are conflicting claimants: interpleader is the proper remedy. Initiated by the govt and
is cognizable by court issuing warrant and other branches to which it may be raffled.
GR: Property seized by virtues of SW is not subject to replevin.
Exp: when SW is illegally effected
pg. 90
Section 14: motion to quash a search warrant or to suppress evidence; where to file
If no case filed yet, judge who issues has jurisdiction even if a complaint is already pending PI
before the prosecutor.
Grant of quashal of the SW will not encroach upon the pending PI. The effect of such quashal ( on
the ground that no offense has been committed) is only to render the evidence obtained by virtue
of the warrant inadmissible for any purpose in any proceeding including PI.
If case is already filed, motion to quash SW may be consolidated with the criminal case. To avoid
conflicting decisions.
Where the court which issued the SW denies the quashal and is not otherwise prevented from
further proceeding thereon, all personal property seized under the SW shall be transmitted by it to
the court where the criminal court is pending.
Court which issued SW is not authorized to rule on ownership of the things seized. If quashal is
granted, the return must be made to those whom those things were seized.
RULE 127: Provisional remedies in criminal cases

Section 1: availability of provisional remedies
Section 2: attachment
Nature: those which parties may resort for the preservation of their right or interests during
pendency of action.
Includes:
Rule 57: preliminary attachment
Rule 58: Preliminary injunction
Rule 59: receivership
Rule 60: replevin
Rule 61: support pendent lite

pg. 91

Herrera Summarized Criminal Procedure RULE 110:: Section

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Herrera Summarized Criminal Procedure RULE 110:: Section

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HERRERA SUMMARIZED

I will live my life to the fuNNiest. (Warlita Bee, 2014)

- Indigenous Cultural Communities (ICC) / Indegenous People (IP)

where one party is the govt or any subdivision or instrumentality thereof

Section 2: Complaint or Information

I will live my life to the fuNNiest. (Warlita Bee, 2014)

Section 5:Who must prosecute criminal actions

I will live my life to the fuNNiest. (Warlita Bee, 2014)

Father has no preferential right over the mother to file complaint.

Section 6: Sufficiency of complaint or information

Section 7:name of the accused

Verbal motion to correct spelling of name is sufficient.

Section 8: Designation of offense

-what control is not the designation but the description.

IF the exception is so incorporated with the language defining

THEN the statute must alled

Example: Opium Law

Negative allegation is not an ingredient of an offense and need not be alleged.

Section 10: Place of the commission of the offense

Section 11: Date of the commission of the offense

I will live my life to the fuNNiest. (Warlita Bee, 2014)

Section 12: Name of the offended Party

Section 13: Duplicity of Offense

Example: single larceny rule

NOT applied in: thus, separate crimes

Exceptions to Rule on Duplicity:

I will live my life to the fuNNiest. (Warlita Bee, 2014)

Different criminal intents + committed under different modes of commission + perpetrated by

Section 14: Amendment or Substitution

Court should state reasons for resolving motion with copies of

Allegation of conspiracy if it changes. (pp vs

Deleting the word orally from a charge of grave

the principal accused is concerned

Rule 119, section 11

Rule 110, section 14

-TEST as to whether or not Amendment/ Substitution:

Section 15:Place where action is to be instituted

Venue is an essential element of jurisdiction.

Power to change venue:

I will live my life to the fuNNiest. (Warlita Bee, 2014)

Crimes and their venue

c) offended is a public officer whose office is in Manila at the time of the

Section 16: Intervention of the offended party in criminal action

RULE 111:Prosecution of Civil Action

I will live my life to the fuNNiest. (Warlita Bee, 2014)

Purpose: to avoid recovering of damages twice.

How: express or implied.

Separate action by accused:

Section 2: when separate civil action is suspended

Kinds of Acquittal under criminal proceeding

Section 3: when civil action may proceed independently

Section 4: Effect of death on civil actions

Effect on civil actions

Section 5: Judgment in civil action not a bar

Section 6: Suspension by reason of a prejudicial question

I will live my life to the fuNNiest. (Warlita Bee, 2014)

action for nullity of deed of

Estafa based on execution

Theft of crops by a person

declaration of nullity of 1st marriage, is

Action involving title to Criminal

RULE 112: preliminary investigation

I will live my life to the fuNNiest. (Warlita Bee, 2014)