Criminal Procedure

General matters
istlnguish jurisdiction over subject matter from jurisdiction over person of the
accused
Jurisdiction over the sLbje_ct inatter refers to the authority of the court to
lgggg and e a particular criminal case, whereas, jurisdiction over the
Berson of the accused refers to the authority of the court, not over the subject
matter of the criminal litigation, but over the E1521 charged. This kind of
jurisdiction requires that "the person charged with the offense must have been
lgrgught in to its forum Qr tgl, forcibly by warrant of_;\_rget or upon his
voluntary 't>jt>miss_i_on to the court (Antipordn vs. Gnrclzitorcnn, 321 SCRA
551).
",
Iurisdiction over the sugjggt matter is derived from the law. It can never
be acquired solely by consent of the accused. Iurisdiction over the person of the
accused may be acquired by cong__nt of the accused or by waiver of objections.

Requisltes for exercise of criminal jurisdiction

The following are the basic requisites before a court can acquire
jurisdiction over criminal cases: (1) jurisdiction over the subect rgatter; (2)
jurisdiction over the territory; and (3) jurisdiction over the person of the ggggggd.
The court acquires jurisdiction over the if the offense, by
virtue of the or its nature, is one which the court is by_liu/
authorized to take cognizance of. It is the power to hear and de{ermi.ne_cases of
the general class to which the proceeding in arid is conferred by

the agility which qganizes the court and denes its _p,omL;gs. It is
conferred by law, mgby the ggnsent of the parties.
For jurisdiction over the territory to be acquired the offense must have
been committed or any of its essential elements took place within the territorial
jurisdiction of the @_1r_t. It cannot be waived and where the place of the
commission was not specically charged, the place may b_e shtmm by eguiimce. It
is the ljmg of the geographical boundaries of a place within which a court has
jurisdiction to I-1s;t_ju_dicially and outside of which its j ll and
void.
For jurisdiction over the person of the accused the verson charged with
the offense st have been b_r_gugLht to its presence for il'l3@( warrant
ofe_s_t opon his voluntary submission to the court. It may be deemed
yyggd if the accused fails to make a seasonable objection thereto. Similarly, one
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who desires to object to the jurisdiction of the court over his person must appear
in court.
jurisdiction of criminal courts
The Miuiicipal Trial Court (MTC), under Republic Act 7691 (R.A. 7691),
has exclusive original jurisdiction over offenses punishable with imprisorunent
m ss of the ne and other @ enales
and civil liability. Under Batas (BP 22), before the amendments

introduced by R.A. 7691, the jurisdiction of the MTC was for offenses not
exceeding four (4) years and two (2) months and 1 day/or a ne not exceeding
P4,000.00. '
In cases where the only penalty provided by law is a ne, the MTC has
exclusive original jurisdiction over offenses punishable with a ne not exceeding
P4, 000.00.
The MTC also has exclusive original jurisdiction over all violations of city
or municipal ordinances committed within its respective territorial jurisdiction.
The MTC also $5 a special jurisdiction to hear and decide petitions for a wiit of
liabeas corpus or applications for bail in the province or city where the RTC judges
are t.
" In addition, the followin cases should also be led with the MTC: a)
Cases involving ELZ2; and b)/Ofenses involving damage to property through
criminal negligence (B nded by R.A. 7691).
The RTC shall exercise original jurisdiction over criminal cases not within
the jurisdiction of any court, tribunal or body. This is because the RTC is a court
of general jurisdiction.
The following are cases under the exclusive original jurisdiction of the
m: (a) violation of RA 3019 as amended ( Lmgt
P ) and n nte any
property found to have been unlawfully acquired by Public Officer or Employee
and providing for the procedure th which prescribes the penalties for
violation thereof); (b) other ogfknges or felonies, whether simple or complexed
with other crimes, committed by public officials and employees mentioned in

Sec. 4(a) PD 1606 as amended by RA 7975 e; (C) crimes

mentioned in C V1ggL2 if e Revised Penal Code i.e.
Art. 210; gbgy, Art. 211; Indirect Bribery, Art. 212?E<>mi;;iibii of Public
O S.
When injunction may be issued to restrain criminal prosecution
Criminal prosecutions riot be restrained or .s,ta_ygg1 by injggion,
preliminary or nal. The reason being, public intere__t_r_eguires that the criminal
acts be immediately investigated and prosecuted for the_pi;o_t_ection of th ety
(Domingo v. Sandiganbayun, GR. No. 103276, April 14, 1996), unless: is.
necessary to afford adequate protection to the constitutional trigts of the
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accu b; f V rd /
sed; When i;Les,ary or the 0 erl a 0n of justice or to_aloicl
op or of ,_C_l'lQI\S, txlhen there is a prejudicial question
which is sub;g' dice; cl) When the acts of the officer are without or in excess of
authority; ywhen the prosecution is under an ordinance or
regulation, F) When dmMQ is clearly apparent; g) \/Vhen the court has
no jurisdiction over the offense;Vh) When it is a case of persecution rather than
prosecution; iytxen the charges are manifestly false and motivated by the lust
for ven eancc, ) When there 15 clear] n rzma acre cas a am d and

a nggtion to quash on that ground has been denied; Z) Prevent the thnmlened
unlawful arrest of petitioners (Brocka 21. Enrile, G.R. Nos. 69863~65, Dec. 10,
1990).
Prosecution of offenses
Criminal actions, how instituted
1.
2.
3.
4.
5.
The institution of a criminal action depends upon whether or not the
offense is one which requires a ion (Sec. 1, Rule 110, Rules of
Court). Where a r}I investigation is |;gqy_ired, a criminal action is
instituted by ling the wmplaint with the proper officer for the purpose of
conducting the rcquisite preliminary investigation (Sec. 1, M, Rules of
Court). /
Where a preliminary inves igation is not reguired,a criminal action is
instituted in either of two ways: by@g the complaint or informati0n_d_iJ;etly
with the Municipal Trial Court or Municipal Circuit Trial Court (MCTC), or b) by
f_il_ing_the complaint with the gffice of the prosecutor (Sec. 1, Rule 110, Rules of
Court).
A query that is often involved at this juncture is why the rule makes
reference only to the Municipal Trial Court and the Municipal Circuit Trial as the
courts in which offenses may be prosecuted by the direct ling of the information
or complaint. The Regional Trial Court and the Metropolitan Trial Court (MeTC)

are not mentioned in the rule.

The 1 is obvious. There is no direct ling of an information or
complaint with the Regional Trial Court beige its jurisdiction covers offenses
which reguire preliminary investigation. A preliminary investigation is to be
conducted for offenses where the penalty prescribed by law_is at legs]; four (4)
years, two (2) months and one (1) day" (Sec. 1, Rule J12, Rules of Court). The
Regional Trial Cou;L_l_1_as jul;i_d_i:;|;i0n over an offense punishable with
imprisonment of more than six ()_years, way above the minimum penalty for an
offense that requires a preliminary investigation. On the other hand, the
Municipal Trial Court has e)<clusive jurisdiction over offenses punishable with
imprisonment no! exceeding six (6) years (Sec. 32[2], judiciary Reorganization Act
098O [BP 129]).
There is likewise no direct ling with the rial Court
b iila, including other chartered cities, the complaint, as a rule, shall

be ' ' e ffice of th r,_1J.nless otherwis1L_p1oyj_ded by their

~ ggters (Sec. 1, Rule 110, Rules of Court). The rule is that in chartered cities, the
complaint shall be led with the prosecutor but in case of a gmiict between a
cigg charter and a provision of m rt, the bmmve
law, shall prevail.
Who may le them, crimes that cannot be prosecuted de ojcio
1. The _prosecuti9n of adultery and concubinage is done upon a complaint

led by the offended spouse. The rule stresses that the e instituted
agaimf Q1 It must be instituted against , unlm
one of them is no longer alive (Sec. 5, Rule 110, Rules of Court).
2. The offense of adultery and concubinage may not be instituted if it is
shown that the offended party has consented to the offense or has _pa;doned the
offenders (Sec. 5, Rule 110, Rules of Court). Since the rule does not distinguish, the
consent or pa.r.don_may either be_exp|:essed_QLi.mplied.
3. The offenses of seduction, abduction and acts of lasciviousness shal1_n_QL
be prosecuted except upon a complgit led by the offended gem or her
pgrents, gQdparents_ nor, in any case, 1g e gffender has been
expressly pgdoned by them (Sec. 5. Rule 110, Rules of Court). Note that the
pardon must be expressly made. It is clear that an implied pardon is Lt
cgntemplated under Section 5 of Rule 110.
4. If the offended party dies or becomes, incapacitated before she can le the
complaint, and she has ng_1gnown parents, gr_an_dparents or guardian, the State
shall initiateihe criminal action inl:leLl:leha].f_( Sec. 5, Rule 110, Rules of Court).
5. Also, under Section 5 of Rule 110, the offended party, even if a minor has
the _1;ight to initiate the prosecution of the offense, independently of hegparents,
grandparents or guardian exgept if she is or f doing so
(Sec. 5, Rule 110, Rules of Court).
6. Where the .m.irmr__ai1s to initiate the p of the offense, the
complaint may be led by the minor s parents, grandparents or guardian in the
successive order mentioned. This right to Lethe complaint shall be exclusive of
all other pereons except with respect to the jtgte under the conditions in the

immediately preceding paragraph (Sec. 5, Rule 110, Rules of Court).

7. _ The crime of rape is no longer a private cnm e. Hence, it no longer
.-iequires the ling of a complaint by the offended party or her parents,
grandparents or guardian (Sec. 5 of Rule 110, 3" paragraph). Under Sec. 2 of the
ltnti-Rape Law of 1997 (RA 8353), the crime of rage is now claseied as a emu e
against persons. C
8. In complex crimes, where one of the component offenses is a private
gringgnd the other a public offense, the scal may initiate the proceedings _de
officio. The reason therefore is that since one of the component offenses is a

Criminal actions, when enjoined j

public crime the latter should prevail, public interest being always paramount to
SfUnder Section 27 of Re r 0, coniplaintson cases of unlawful
acts mentizzted in the law c mitted against childre , may be led by the
following: offended party; ) parents or guardian? ascendant or collateral
relative within the third degree of c0nsanguin_ity* ) officer, social worker or
regxisgntative of a licensed child-caring institution; e)/0 cer or social worker 0
the Dggartment of Social Welfare and Development; an; or )
at least three (3) concerned, responsible citizens where the violation occurred.
The defamation under this rule (Sec. 5, Rule 110, Rules of Court) consists
only in the imputation of the offenses of adultery, concubinage, seduc_t_i_on,

abglugtion and acts of g;giviousrless(Sec.5, Rule 110, Rules ofC0urt).

The criminal action for defamation under the rule shall be at the instance
of the offended party only and upon a Ed by sai arty i.e.,
only the offended party can le the complaint (Sec. 5, Rule 110, Rules of Court).
Where the offense is a violation of a Kthe same shall be
prosecuted pursuant to the provisions of said law (Sec. 5, Rule 110, Rules 0fCourt).
Criminal actions are deemed enoined: an/hen the ourt through its
sound s such criminal action enjoined; (If when there is a
pgjudicial question; (3):iotion to quash; or (/fgouble jeopardy.
Control of prosecution
A criminal action is prosecuted under the l of the
prosecutor. This is the general rule and this applies to a criminal action
commenced either by a complaint or an information (Sec. 5, Rule 110, Rules of
Court). Even if there is a pri utor, the criminal action is ited
under the direction and control of the public prosecutor.
The appointment of a private prosecutor is done by the offended party
and is the mode by which the latter intervenes in the prosecution of the offense.
This intervention is however, 0% allowgd where the civil act'on for the _I_CQL1y
oj, the civil liability is instituted with the criminal action pursuant to Rule 111
(Sec. 16, Rule 110, Rules of Court). Hence, the offended party may not intervene in
t e prosecution of the offense through a private prosecutor if the offended party
X2) waives the civil action, (b) reserves the right to institute iLs_e_pa_rately, or (c)
institutes the civil action prior to the criminal action.
Sufficiency of complaint or information

A :2/mplaint or information is deemed sufficient if it contains the

following" <) d' if the offense is committed by more than
. the name of the accuse , . . , >
one person, all of them shall be included in the complaint or information; b) the
I-1

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deggnation of the offense given c) the acts or OI1tlSSl(\S complained
nse; d) the am of the offe ded party; e) the
a_];;proximate date of tlledcgmrnission of the offense; and he place where the
.Q.ffense_was c ec. 6, Rule 110, Rules of Court).
Designation of offense
In designating the offense, the following rules must be observedzlie
qiesigrgation of the offense requires, as a rule, that the 1 to the offense
by e stated in the complaint or information. If the statute gives no
designation to the offense, me tead be mayo the section or
subsection pimishing it (Sec. 8, Rule 110, Rules of Court); ) included in the
complete designation of the off 'se is an averrnent of the acts or omissions
constituting the offense (Ibid); E)/ethe present rule also provides for a mandatory
requirement i.e., that the complaint or information must specify tie gualifying
and aggravating circugrgances of the offense (Ibid); and ') the twin

circumstances of minority and relationship under Article 335 of the Revised

Penal Code, as amended by R.A. No. 7659, are in the nature of Qualifying
circumstances because they alter the nature of the crime of rape and incrga_s_e,
the
penalty. As special Qualifying circumstances, they must be specically pleaded
or alleged with certainty in the information; xxx If the offender is merely a
relation; not a parent, ascendant, step-parent, guardian, or common law spouse
of the mother of the victim - the specic relationship must be alleged in the
information, i.e., that he is a relative by consanguinity or affinity [as the case
may be] within the third civil degree.
Cause of accusation
g In informing the accused of the cause of accusation against him, it is not
necessary to employ the words used in the statute alleged to have been violated.
It is sufficient for the complaint or information to use ordinag and concise
language sufent to enable a person of cg __ on unde_r_s_tanding tglg1Q__the
following: ('5 the offense being char ed; cts or omissions complained of
as constituting the offense; and (c g circumstances
(Sec. 9, Rule 110, Rules of Court).
Dupllcity of the offense; exception
The general rule is that a complaint or information must charge only one
_QffelLs_e_. More than one _9f@g_ may however, be charged when the law
prescribes a single punishment for various offenses (Sec. 13, Rule 110, Rules of
Court).
When, two or, more offenses are charged in a single complaint or
information, the accused must object to such fact before trial. If he does n9_t_so

""1-.-. n -1*, 17
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object. the court may cpnvict him of enses as are chargecLm1d_pxoved,
and impose on him the penalty for each ofgnse (Sec. 3, Rule I20, Rules of Court).
Amendment or substitution of complaint or information AY""k""""4 L4 5' a l Z I
l.
P\'yt'~" 1 W/0 L <_
The general rule is that any apiendment, formal or substantial, before the \-l/
accused enters his plea may be done without leave of court {Sec 14, Rule 110, ezw
Rules of C0zzrt).,kt1/lexception Wever as provided by the rules is that any
amendment before plea, which owngrades the nature of the offense charged in
Mada/u_ '1)
.@or excludes any accused from the complaint or- information can be made only IQ
Q
upon motion by the prosecutor, with nggice to the offended party and with leave
of court (Iliid). 1 '
2. A ter the accused enters his plea only formal amendment provided that
M61/"@l7lL4/W/LC
leave of court is obtained and such amendment is not prejudicial to the rights of _7
L
Exception when a fpct sppervenes which changes the nature of tin: fb
6 he accused. . V . / .

B d crime charged in the information or upgrades it to a higher crime, in which

case, L 8
a endment as to substance may be made but there is a need for another
arraignment of the accused under the amended information. a'"UA"'A
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3.
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5.
6.
An amendment is inlggii/vhere it neither a_ftects nor alters the nature of
tl16;_Qf@pS charged or where the charge does notleprive the accused of a fair
opportunity to present his defenselgr where it does not involve a change in the
A1/wk,
basic theory of the prosecution.-kr%nendment is in substance where it covers
p\w~,,uqwu
matters involving tlie t>iistitutii1g the offense charged and
determinative of the jurisdiction of the coiirt (Almeria v. Villaluz, GR. No. L-31665,
Aug. 6, 1975). i
If it appears at any time before judgment that a mislake has been made in
ctging the proper offense, the court shall dismiss the original complaint or

information upon the ling of a new one charging the pgoper offense, provided
thaaccused shall not be placed hi doubleleopardy (Sec. 14,Rule 710, Rules of
\ lb M @660/we lqtoli
,/ /
How ver on is allowed only when: no judgment has yet been
rendered; b the_ accused cannot be convicted of the offense charged or of any
other offense necessarily included therein; and c) The accused would not be
placed in double jeopardy (Sec.14, Rule H0, Rules Q/C0urt}i _
The tes_Lto determine propriety of amendment after plea are: amen a
defense under the complaint or information, as it (Elem/lly stood, would no
longer be available after the amendment is made; and b)\)I</hen any evidence the
accused might have, would be inapplicable to the complaint or information as
amended (People v. Montenegro, GR. Nu. L/15772, Mar 25, 'l988)_

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Venue of criminal action
Venue in criminal cases is jurisdictional. The general rule is that the
offender must be rosecuted in the territory where the offense or of its
His may not be the case on the following: (bfwhere the
offense was committed under Artic '2 of the Revised Penal Code; in cases of

piracy - "hastes humuni generis; ) Where an offense is committed on a railroad

train in an aircraft, or in any other p , ourse
dip, the criminal action may be Uied in the court of any
gr territory u_I_here such train, aircraft or other eh rmg
sm:h_iIip, its ace_ofanival; |(Z),where an offense is
committed on board a vessel in the course of its voyage, the criminal action may
be instituted and tried in the properscourt of the rst port of entry or of-any
municipality or territory through which the vessel passed during such voyage
subject to the generally ac al law; (e) the Supreme
Court has the power under the Qonstitutidn to order a cl1a_nge of venue or place
of trial to avoid a miscarriage of/ftfstice; If) in cases efmaon under
22.
As a rule, the criminal action shall be instituted and tried in the court of
the irumicipalig or territory (a) wh mied, or ('6) where
an_y of its es V tial ingredients occurred. This rule is however, subject to existing
laws (Sec. 1%: Rule 110, Rules of Court).
Where an offense is committed in a train, aircraft, or vehicle, whether
public or private, the criminal action shall be instituted and tried in the court of
any municipality or territory where such train, aircraft, or other vehicle passed
during its trip, including the place of its departure and arrival. Note that this rule
applies when the offense is committed in the course of the trip of the train,
aircraft or vehicle (Sec. 15(b), Rule 110, Rules of Court).
Where an offense is committed on board a vessel, the criminal action shall
be instituted and tried in (a) the court of the rst port of entry, or (b) the

municipality or territory where the vessel passed during its voyage. This rule
applies when the offense is committed during the voyage_gf the vessel and is
subject to the generally accepted principles of international law (Sec. 15(6), Rule
110, Rules of Court).
-4&3 committed outside the Philippines but punishable under Art. 2 of
the Revised Penal Code shall be cognizable by the court where the criminal
action is rst led (Sec. 15(d), Rule 110, Rules of Court).

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Intervention of offendedpggy C4n+ .n__erV&e_ 1% )H\Q/(JQ ,(,q_ |/10
suit o1'u/least (vii/4-Li/ed.
1. The offended party may intervene in the prosecution of the offense. This
right to intervene presupposes that civil action is instituted with the criminal
action (Sec. 16, Rule 110, Rules of Court). In other words, it there is no civil action
instituted with the criminal action because the same has been waisted, led
al_1_agl_ of the__criminal action or led separately, such inbameutiongannot be
dQ_n_e_ .
2, V If however, the oi:/il action for damages tiled separately from the criminal
action is based upon an independent civil action under Articles 32, 33, 34 or 2176

of the Civil Code, the right to intervene is not lost becausett.ie_s.ul2ject_o.t_tlle suit
does not arise from the crime. The civil action to recover civil liability arising
from the offense charged is not the one separately led (Philippine Rabbit vs.
People, 427 SCRA 456) _
Prosecution of civil action
Rule on implied institution of civil action with criminal action
1. When a criminal action is instituted, the civil action for the recovery of the
civil liability is clgemed instituted. But the phraseology of the present rule
indicates that it is only the civil liability arising from the offense charged which is
deemed instituted with the criminal ac ion (Sec. 1, Rule 111, Rules of Court). The
exceptions to the foregoing rule are: a/ .EM~Q/_\\'aives the civil
action; lg) whe the offended party reserves his right to institute a separate civil
action; and z)nwl3eri the offended party institutes a civiliaction prior to the
criminal action.
2. Reservation shall be made: libefore the prosecution starts to present its
evidence; and b) under CliCt_IIl'lSl_El\_S afjording the offended party a
reasonable
opportunity to make such reservation.
3. No reservation to le the civil action separately shall be allowed in: a)BP/
22. gases: l1)_c3se.s-eogniiable by the Sandizanbav_a_n; and c) tazecases.
When civil action may proceed independently
]4 The civil actions which have s0 e like quasidelicts (culpa aqlgliaiin) and_inde_oenclent civil actions uncler Articles 32, 33, 34
and 2176 of the New Civil Code with the criminal
E\QliQ|;LI1d may be brought separately by the offended party. They shall proceed

independently of the criminal action and require only a preponderance of

eiglgrlce (Sccs. 1 and 3 of Rule 111, Rules of Court). Thev need not be reserved
(Ncpliun vs. Orlzeso, 384 SCRA 466). The rulings in Mnniago vs. CA, 253 SCRA 674,

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and 5 lldefonso Lines, Inc. vs. CA, 289 SCRA 568, are abandoned. ese cases
re red reservation even incases of quasi-delicts and independent civil actions.
When separate civil action is suspended
A After the ling of the criminal action, the civilgagtion which has been
re&m_c dgmmhmbeen_ rendered in the
criminal action (Sec. 2 Rule 111, Rules of Court). If the civil action is instituted
rimmal action and the criminal action is subsequently
commenced, the _pend_ing civil action shall be suspended until nal judgi_nent in
thggminal action has been rendered.
However, civil action enjoys preference in the following: a) in cases of
independent civil actions based upon Arts. 32, 33, 34 and 2176 of the Civil Code;
b) in cases where the civil action presents a prejudicial question; c) in cases where
the civil action is consolidated with the criminal action; and d) where the civil
action 591 one intended_t_o_eniorcethe civil liabiligg ari_sl1g_fr__om the offense.
Acguittal in a criminal case does not bar the ling of the civil case in the
following circumstances: (1) the acquittal iLbag oubt, if the
civil case has been reserved; (2) the decision contains a declaration that the

liability of the accused is not criminal but only civil irirnature; and (3) the __c_i\/il
Ha the criminal act of which the accused is
agguitted (Sapiera 11. CA, G.R. N0. 128927, September 14, 1999)
Eggtinction of the penal actiongoes not carry with it the extinction of the
civil action, unless the extinction proceeds from _aMdeclaration in a nal judgment
that the fact from which the civil liabilit3Lnlight arise_Qi_d_nQtexiSt.
Effect of the death of accused or convict on civil action
g are the effects of the death of accuse or convict on a civil
action' a) after arraignment and during the pendency of the criminal action such
death extinguishes the civil liability arising from delict, except where civil
liability is predicated on other sources of obligations such as law, contract, quasicontract and quasi-delict (Sec. 4, Rule 111, Rules of Court); (b) before arraignment,
the case shall be dismissed without prejudice to any civil action the offended
party may le against the estate of the deceased; (c) pending appeal of his
conviction such death extinguishes his criminal liability as well as the civil
liability based solely thereon; (d) prior to nal judgment death terminates his
criminal liability and only the civil liability directly arising from and based solely
on the offense committed; (e) after nal appeal the pecuniary liabilities of the
accused are not extinguished. Claims shall be led against the estate of the
accused. r

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Prejudicial question
l. .Prejudicial Question is one which arises in a case, the resolution of which
" is a logical antecedent of the issue involved therein and the cognizance of which
vyotpm pertains to another tribunal. The following are its elements: Vil action
L
_mus_t be instituted_Erior to the criminal action; b) the civil action involves an
issue similar or intimately related to the issue raised in the subsequent criminal
\ if action; and c) the resolution of such issue determines whether or not the
criminal
Y/\/Raf 0% action may proceed (Sec. 7, Rule 111, Rules of Court).
W
Rule on ling fees in civil action deemed instituted with the criminal action
1. Filing tees apply when damages are being claimed by the offended party.
The follo ' g summarizes the rule on ling fees
No ling fees are required for amounts f actual damages,)exce t with
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respect to criminal actions for violation of BP 22 in which case, the
offended party shall pay in full the ling fees based on the face value of
the check as the actual damages; b. If damages, other than actual (moral, exemplary and other damages), are
specied in the complaint or information, the corresponding ling fees
shall be paid;
c. Where moral, exemplary and other damages are not specied in the
complaint or information (the grant and amount thereof arc left to the

sound discretion of the trial court), the corresponding ling fees need not
be paid and shall simply constitute a rst licn on the judgment awarding
such damages (Sec. 1(b), Rule 111, Rules ufCnurt).
Preliminary investigation
Nature of right
1. The holding, of a preliminary investigation is not required by the
Constitution. It is not a fundamental right and is not among those rights granted
in the Bill of Rights. The right thereto is of a statutory character and may be
invoked only when specically created by statute (Marinas vs. Siochi, 104 SCRA
423). But while the right is statutory rather than constitutional, since it has been
established by statute, it becomes a component of due process in criminal justice
(Doromal vs. Srnirliganlmynn, 177 SCRA 354).

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Purposes of preliminary investigation
Preliminary investigation is an inquiry or a proceeding to determine
whether there is sufficient ground to engender a well-founded belief that a crime
has been committed and the respondent is probably guilty thereof, and should be
held for trial (Sec. 1, Rule 112, Rules of Court).
A preliminary investigation is not a trial but is, in certain cases, the initial
step towards the criminal prosecution of a person. It is a mere inquiry or a

proceeding which do not involve the examination of witnesses by way of direct

or cross-examinations. Its purpose is not to dete ' e the guilt of the respondent
beyond reasonable doubt, but to determine (6) whether or not a crime has been
committed, and (ls)/d the respondent is probably guilty of said crime.
The purposes of preliminary investigation are the following: (a) for the
investigation prosecutor 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 rst ascertained in a fairly sununary proceeding by a competent officer; (c)
to secure the innocent against hasty, malicious and oppressive prosecution, and
to protect him from an open and public accusation of a crime, from trouble,
expenses_and anxiety of public trial; (d) to protect the state from having to
conduct useless and expensive trials.
Who may conduct the determination of existence of probable cause
Under A.M. No. 05-8-26-SC effective October 3, 2005, only the following
may conduct preliminary investigations: (a) Provincial or City Prosecutors and
their assistants; (b) National and Regional State Prosecutors; and (c) other officers
as may be authorized by law.
Resolution of investigation prosecutor
If the investigating prosecutor nds cause to hold the respondent for trial,
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 witnesses; that there is reasonable
ground to believe that a crime has been committed and that the accused is

probably guilty thereof; that the accused was informed of the complaint and of
the evidence submitted against him; and that he was given an opportunity to
submit controverting evidence. Otherwise, he shall recommend dismissal of the
complaint.
Within 5 days from his resolution, he shall forward the record of the case
to the provincial or city prosecutor or chief state prosecutor, or to the
Ombudsman or his deputy i.n cases of offenses cognizable by the Sandiganbayan
in the exercise of its original jurisdiction. They shall act on the resolution within

=_ , Q j
Review
1.
10 days from their receipt thereof and shall immediately inform the parties of
such action.
A complaint or information may be led or dismissed by an
investigating prosecutor without the prior written authority or approval of the
provincial or city prosecutor or chief state prosecutor or the Ombudsman or his
deputy.
re the investigating prosecutor recommends the dismissal of the
complaint but his recommendation is disapproved by the provincial or city
prosecutor or chief state prosecutor or the Ombudsman or his deputy on the
ground that a probable cause exists, the latter may, by himself, le the

information against the respondent, or direct another assistant prosecutor or

state prosecutor to do so without conducting another preliminary investigation
(Sec. 4, Rule 112, Rules qfC0urt)i .
If upon petition by a proper party under such rules as the Department of
justice may prescribe or motu pruprio, the Secretary of Justice reverses or modies
the resolution of the provincial or city prosecutor or chief state prosecutor, he
shall direct the prosecutor concerned either to le the corresponding information
without conducting, another preliminary investigation, or to dismiss or move for
dismissal of the complaint or information with notice to the parties. The same
rule shall apply in preliminary investigation conducted by the officers of the
Office of the Ombudsman (Sec. 4, Rule 112, Rules of Court).
When warrant of arrest may issue
1.
A warrant of arrest may be issued by the Regional Trial Court within 10
clays from the ling of the complaint or information; the judge shall personally
evaluate the resolution of the prosecutor and its supporting evidence: (1) he may
immediately dismiss the case if the evidence on record clearly fails to establish
probable cause; (b) it he nds probable cause, he shall issue a warrant of arrest,
or a commitment order if the accused has already been arrested pursuant to a
warrant issued by the judge who conducted the preliminary investigation or
when the complaint or information was led when the accused was lawfully
arrested without warrant.
In case of doubt on the existence of probable cause, the judge may order
the prosecutor to present additional evidence within 5 days from notice and the

issue must he resolved by the court within 30 days from ling of the complaint
or information (Sec. 5, Rule 112, Rules ofCuurt),

When required, the preliminary investigation of cases falling under the

original jurisdiction of the Metropolitan Trial Court (MTC), shall be conducted
by the prosecutor. The procedure for the issuance of a warrant of arrest by the
judge shall be the same as in RTC (Sec. 5, Rule 112, Rules of Court, as amended by
AM. N0. 05-8-26$C).
A warrant of arrest shall not issue if the accused is already under
detention pursuant to a warrant issued by MTC, or if the complaint or
information was led when the accused was lawfully arrested without warrant
or for an offense penalized by ne only. The court shall then proceed in the
exercise of its original jurisdiction.
Cases not requiring a preliminary investigation
If a person is arrested lawfully without a warrant involving an offense
which requires a preliminary investigation, i.e., the penalty is at least four (4)
years, two (2) months and one (1) day, an information or complaint may be led
against him without need for a preliminary investigation. If he has been arrested
in a place where an inquest prosecutor is available, an inquest will be conducted
instead of a preliminary investigation. In the absence or unavailability of an
inquest prosecutor, the complaint may be led directly with the proper court on
the basis of the affidavit of the offended party or arresting officer or person (Sec.

7, Rule 112, Rules of Court).

Remedies of accused if there was no preliminary investigation
Refuse to enter a plea upon arraignment and object to further proceedings upon
such ground; .
Insist on a preliminary investigation;
File certiorari if refused
Raise lack of preliminary investigation as error on appeal (US v. Bzmzuelu, G.R. N0.
10172, 1915)
File for prohibition (Conde v. CPI, G.R. No. L21236, October 1, 1923)
Inquest is an informal and summary investigation conducted by a public
prosecutor in criminal cases involving persons arrested and detained without the
benet of a warrant of arrest issued by the court for the purpose of determining
whether or not said persons should remain under custody and correspondingly
charged in court (DOI Circular N0. 61, Sept. 21, 1993).

u..n-\'- ~ s "
Arrest
Arrest how made
Arrest is the taking of a person into custody in order that he may be
bound to answer for the commission of the offense (Sec. 1, Rulel13, Rules of
Court).
The following are the modes of effecting arresl: a) by an actual restraint of

the person to be arrested; and b) by his submission to the custody of the person
making the arrest. I
Arrest without warrant, when lawful
A peace officer or a private person may, without a warrant, arrest a
person: a) when, in his presence, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense; b) when an offense
has just been committed, and he has probable cause to believe based on personal
knowledge of facts or circumstances that the person to be arrested has committed
it; and c) when the person to be arrested is a prisoner who has escaped from a
penal establishment or place where he is serving nal judgment or is temporarily
conned while his case is pending, or has escaped while being transferred from
one connement to another (Sec. 5, Rule 11.3, Rules of Court).
There is another ground for a warrantless arrest other than those
provided for under Sec. 5 of Rule 113 of the Rules of Court. That ground is when
a person previously lawfully arrested escapes or is rescued. Under the Rules, any
person may immediately pursue or retake him without 21 warrant at any time
and in any place within the Philippines (Sec. 13, Rule 113, Rules of Court).
Method of arrest
By officer with warrant
When making an arrest by virtue of a warrant, the officer shall inform the
person to be arrested of the cause of the arrest, except when he ees or forcibly
resists before the officer has opportunity so to inform him or when the giving of
such information will imperil the arrest. The officer need not have the warrant in
his possession at the time of the arrest but after the arrest, if the person arrested

so requires, the warrant shall be shown to him as soon as practicable (Sec. 7, Rule
113, Rules of Court).
By officer without warrant
When making an arrest without a warrant, the officer shall inform the
person to be arrested of his authority and the cause of the arrest, unless the latter
is either engaged in the commission of an offense or is pursued immediately after

its commission or has escaped, or ees or forcibly resists before the officer has
the opportunity so to inform him, or when the giving of such information will
imperil the arrest (Sec. 8, Rule 113, Rules of Court).
By private person
1. When making an arrest, a private person when making an arrest shall
inform the person to be arrested of the intention to arrest him and cause of the
arrest, unless the later is either engaged in the commission of an offense, or is
pursued immediately after its commission or has escaped, or ees or forcibly
resists before the person making the arrest has opportunity so to inform him, or
when the giving of such information will irnperil the arrest (Sec. 9, Rule 113, Rules
of Court). l
Requisites of a valid warrant of arrest
1. The law provides that in order for an arrest to be valid the following
requisites should be present: (1) issued upon probable cause which must be
determined personally by a judge after examination under oath or affirmation of

the complainant and the witnesses he may produce; (2) after evaluation of
prosecutors report and the evidence adduced during the preliminary
investigation (Soliven v. Makasiar, G.R. No. I-82585, Nov. 14, 1988); (3) the warrant
must particularly described the person to be arrested; (4)should be given in
connection with specic offense or crime.
2. \ A warrant of arrest has no expiry date. It remains valid until arrest is
effected or warrant is lifted (Manangan '0. CPI, G.R. N0. 82760, Aug. 30, 1990).
Determination of probable cause for issuance of warrant of arrest
1. Probable cause as basis for the issuance of a warrant of arrest is that
which, based on facts and circumstances obtaining, would lead a reasonable
discreet and prudent man to believe that an offense has been committed by the
person sought to be arrested. A nding of probable cause needs only to rest on
evidence showing that more likely than not a crime has been committed and was
committed by the suspect. Probable cause requires less than evidence which
would justify conviction. It is not a pronouncement of guilt (Webb v. De Leon, 247
sczm 653). l
2. Iudges of the Regional Trial Court and inferior courts need not personally
examine the complainant and witnesses in the determination of probable cause
for the issuance of the warrant of arrest (Soliven '0. Makusiar, GR. No. L-82585,
Nov. 14, 1988). He is only required to personally evaluate the report and the

~ "s ;r/.:~r.' r '

+:"Y':'-u.=:" l - ~> ~ < supporting documents submitted by the scal and on the basis thereof he may
dismiss, issue warrant, or require further affidavits.
Distinguish probable cause of scal from that of a judge
Nature
The determination by the prosecutor of probable cause is for the purpose
of either ling an information in court or dismissing the charges against the
respondent, which is an executive function. The determination by the judge of
probable cause begins only after the prosecutor has led the information in court
and the latters determination of probable cause is for the purpose of issuing an
arrest warrant against the accused, which is judicial function (People v. CA, 301
SCRA 475).
- Bail
There are certain constitutional principles on bail, namely: (a) the general
rule that all persons shall, before conviction, be bailable by sufficient sureties,
except those charged with offense punishable by reclusiun pcrpctun or higher
when evidence of guilt is strong; (b) the principle that the suspension of the
privilege of the writ of habeas corpus does not impair the right to bail; and; (c) the
principle that excessive bail shall not be required (Scr. 13, Art. III, Constitution of
the Pliilippincs).
The constitutional provision on hail makes reference to the word
"conviction". It suggests that bail applies to those arrested for the violation of
criminal laws. Does it apply to extradition proceedings? One case held, generally

NO! However, it was ruled that there is no logic to conne bail to criminal
proceedings. Bail should be made available in all cases where there is
deprivation of liberty prior to or during trial. Although not a matter of right in
extradition proceedings, bail may be granted if: (a) the extraditee is not a ight
risk; and (b) there are special, humanitarian and compelling reasons (Govcrnmerzt
of the LI.S. vs. Purgnmm, 389 SCRA 623).
Bail is the security given for the release of a person in the custody of the
law (Sec. 1, Rule 114, Rules of Court). Note the word, "custody". This means that
bail is not available to those who are free. lt would be incongruous for someone
to apply for bail if he is not in the custody of the law. However, there is an
instance where a person who is not under the custody of the law may he
required to post bail. Under Sec. 14 of Rule 119, if a material witness will not
testify when required, the court, may, upon motion of either party, order the
witness to post bail. If he refuses, he shall be committed to prison until he
complies or is legally discharged after his testimony.

When a matter of right; exceptions

Bail is a matter of right (a) before or after conviction by the Municipal
Trial Court, and (b) before conviction by the Regional Trial Court of an offense
not punishable by death, reclusion perpetua or life imprisonment. After conviction
by the Regional Trial Court of an offense not punishable by death, reclusion
perpetua or life imprisonment, bail is a matter or discretion (Sections 4 and 5, Rule

114, Rules of Court).

When a matter of discretion
Bail is a matter of discretion in the following instances: (a) before
conviction of a capital offense or a crime punishable by death, reclusion perpetuaor life imprisonment, the exercise of discretion being dependent on whether the
evidence of guilt is strong; (b) upon conviction by the RTC of an offense not
punishable by death, reclusion perpetila or life imprisonment; and (c) after
conviction by the RTC wherein a penalty of imprisonment exceeding 6 years but
not more than 20 years is imposed, and not one of the following circumstances is
present and proved: (i) recidivism, quasi-recidivism or habitual delinquency or
commission of crime aggravated by the circumstances of reiteration; (ii) previous
escape from legal connement, evasion of sentence or violation of the conditions
of bail without valid justication; (m) commission of an offense while on
probation, parole or under conditional pardon; (iv) circumstance of the accused
or his case indicates the probability of ight if released on bail; and (v) undue
risk of commission of another crime by the accused during pendency of appeal
(Sec. 5, Rule 114, Rules 0_fC0urt).
Heating of application for bail in capital offenses
The hearing for bail in capital offenses is summary. By summary hearing
is meant such 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
(Agprzlo, Ruben, Handbook on Crimimzl Procedure, 2" Edition, p. 278).
At the hearing of an application for bail, the prosecution has the burden

of showing that evidence of guilt is strong. The evidence presented during the
bail hearing is automatically reproduced at the trial (Sec. 8, Rule 114, Rules of
Court).

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Guidelines in xing amount of bail
The judge who issued the warrant or granted the application shall x a
reasonable amount of bail considering primarily, but not limited to the following
guidelines: (a) nancial ability of the accused to give bail; (b) nature and
circumstances of the offense; (c) penalty of the offense charged; (d) character and
reputation of the accused; (e) age and health of the accused; (f) the weight of the
evidence against the accused; (g) probability of the accused appearing at the trial;
(h) forfeiture of other bail; (i) the fact that the accused was a fugitive from justice
when arrested and; (j) the pendency of other cases where the accused is under
bond. Excessive bail is not required (Sec. 9, Rule 114, Rules of Court).
Bail when not required
No bail shall be required when the law or these rules so provide (Sec. 16
Rule 114, Rules of Court).
Instances when the law or rules provide that no bail is required: (a) RA
6036 offenses charged is violation of an ordinance, light felony or a criminal
offense, the i.rnposable/vpenalty wherefore does not exceed 6 months of
imprisonment and/or ne of P2,000;(l5)"PD 603 as amended in cases of a

youthful offender held forphysical, or mental examination, trial or appeal, if

unable to furnish bail and undertlie circumstances; (c) where the accused has
applied for probation and before the same has been resolved but no bail was
led by the accused because he is incapable of ling one, in which case he may
be released on recognizance; and b) when a person has been in custody for a
period equal to or more than the possible maximum imprisonment prescribed for
the offense charged, he shall be released immediately, without prejudice to the
continuation of the trial or the proceedings on appeal. If the maximum penalty to
which the accused may be sentenced is destierro, he shall be released after 30
days of preventive imprisonment (Sec. 16, Rule 114, Rules of Court).
Increase or reduction of bail
A person in custody for a period equal to or more than the minimum of
the principal penalty prescribed for the offense charged, without application of
the Indeterminate Sentence Law or any modifying circumstance, shall be released
on a reduced bail or on his own recognizance, at the discretion of the court( Sec.
16, Rule 114, Rules of Court).
After the accused shall have been admitted to bail, the court may, upon
good cause, either increase or reduce its amount. When increased, the accused
may be committed to custody if he does not give bail in the increased amount
thereof within a reasonable period. An accused held to answer a criminal charge

1 V :__

who is released without bail on the ling of a complaint or information, may, at

any subsequent stage of the proceedings and whenever a strong showing of guilt
appears to the court, be required to give bail in the amount xed, or in lieu thereof
may be committed to custody (Sec. 20, Rule 114, Rules of Court).
Forfeiture and cancellation of bail
1.
2.
The foregoing are the rules regarding the forfeiture of bail bond: a) when
the presence of the accused is specically required by the court or the Rules of
Court, his bondsmen may be notied to produce him before the court on a given
date and time. If the accused fails to appear in person as required, his bail shall
be declared forfeited and the bondsmen are given 30 days within which to
produce their principal and to show cause why no judgment should be rendered
against them for the amount of their bail. Within the said period, the bondsmen
must: (i) produce the body of their principal or give the reason for his nonproduction; and (ii) explain why the accused did not appear before the court
when rst required to do so; and b) Failing in these two requisites, a judgment
shall be rendered against the bondmen, jointly and severally, for the amount of
the bail. The court shall not reduce or otherwise mitigate the liability of the
bondsmen, unless the accused has been surrendered or is acquitted (Sec. 21, Rule
114, Rules 0fC0m't).
Enumerated are the rules that govern the cancellation of a bail bond: a)
upon application of the bondsmen led with due notice to the prosecutor, the
bail may be cancelled upon surrender of the accused or proof of his death; b) the

bail shall be deemed automatically cancelled upon acquittal of the accused,

dismissal of the case, or execution of the judgment of conviction; and c) in all
instances, the cancellation shall be without prejudice to any liability on the bail
(Sec. 22, Rule 114, Rules QfCourt).
Application not a bar to objections in illegal arrest, lack of or irregular preliminary
investigation
1.
An application for or admission to bail shall not bar the accused from
challenging the validity of his arrest or the legality of the warrant issued
therefore, or from assailing the regularity or questioning the absence of a
preliminary investigation of the charge against him, provided that he raises them
before entering his plea. The court shall resolve the matter as early as practicable
but not later than the start of the trial of the case (Sec. 26, Rulc 114, Rules ofCm
rt).
Hold departure order and bureau of immigration watchlist
1.
Supreme Court Circular No. 39-97 dated June I9, 1997 limits the authority
to issue hold departure orders to the regional trial courts in criminal cases within

:> F-?=*Eil"
2.
their exclusive jurisdiction. Consequently, MTC judges have no authority to issue
hold departure orders, following the maxim, express mention implies the

exclusion. Neither does he have authority to cancel one which he issued.

Where it appears that the accused had the propensity to evade or disobey
lawful orders, the issuance of a hold departure order is warranted (Agpalo, Ruben,
Handbook in Criminal Procedure, 2" Edition, p. 300).
Rights of the accused
Rights of the accused at the trial
1.
2.
3.
Section 1, Rule 115 of the Rules of Court enumerates the rights of the
accused "at the trial.
It provides that "In all criminal prosecutions the accused shall be entitled
to the following rights:(a) to be presumed innocent until the contrary is proved;
(b) to be informed of the nature and cause of accusation against him; (c) to be
present and defend in person and by counsel at every stage of the proceedings,
from arraignment to promulgation of the judgment; (d) to testify as witness in
his own behalf but subject to cross-examination on matters covered by direct
examination. His silence shall not in any manner prejudice him; (e) to be exempt
from being compelled to be a witness against himself; (f) to confront and crossexamine the witnesses against him at the trial; (g) to have compulsory process
issued to secure the attendance of the witnesses and production of other
evidence in his behalf; (h) to have speedy, impartial, and public trial; (i) to appeal
in all cases allowed and in a manner prescribed by law.
Among the rights of the accused is the right against self-incrimination

the right to be exempt from being compelled to be a witness against himself (Sec.
1[e], Rule 115). This right is a right against testimonial compulsion and prohibits
the use of physical or moral compulsion to extort communications from the
accused (People vs. Aysan, 175 SCRA 216). Common reason then suggests that a
corporation cannot invoke the right because it is not a natural person that can
testify.
The right does not apply to the physical examination of the accused like
ultraviolet ray examination to determine presence of ultraviolet powder in the
hands (People vs. Tranca, 235 SCRA 455). It does not prohibit photographing,
ngerprinting and paraffin testing of the accused (Alih vs. Castro, 151 SCRA 279).
Taking of hairstrands of the accused is not a violation of the right (People vs.
Rondero, 320 SCRA 383), or taking of blood sample (People vs. Yutar, 428 SCRA
504).
The right against self-incrimination may be invoked not only in a criminal
proceeding but also in all types of suits, including forfeiture cases (Galman vs.
Pamaran, 138 SCM 294). It may also be invoked in administrative proceedings if

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they partake of a criminal proceeding or is analogous to a criminal proceeding. It
is hence, also available in legislative hearings (Benzon vs. Senate Blue Ribbon

Committee, 203 SCRA 767).

Rights of persons under custodial investigation
1. Every person under investigation for an offense shall have the right to
have a competent and independent counsel preferably of his own choice."
Included in this right is the right to be informed of his right to counsel (Sec. 12
(1), Art. II, 1987 Constitution of the Philippines; Sec. 2 (ll), RA. 7438).
2. The right of a person under interrogation to be informed" implies the
correlative obligation on the part of the police investigator to explain and
' contemplate and effective communication that results in an understanding of
what is conveyed (People vs. Guillermo, 420 SCRA 326).
Arraignment and plea
Arraignment and plea, how made
1_ An arraignment is that stage where, in the mode and manner required by
the Rules, an accused, for the rst time, is granted the opportunity to know the
precise charge that confronts him (Brig Gen. [Rat] Iusc Ramiscal, Ir. vs.
Saridiganbnynrz and People of the Philippines, GR, Nu. 172476-99, September
15,2010).
2. Arraignment is made in an open court where the complaint or
information has been led. Arraignment is conducted by the judge to whom the
case is pending, by furnishing him the copy of the complaint, reading the same in
the language or dialect known to the accused and asking the latter whether he
pleads guilty or not guilty. The accused should be arraigned within a period of
thirty (30) days from the date the court acquired jurisdiction over the person of
the accused, unless a shorter period is provided by law.
When should plea of not guilty be entered

1. The following are instances when a plea of not guilty may be entered: a)
when the accused so pleaded; b) when he refuses to plead; c) where in admitting
the act charged, he sets up matters of defense or with lawful justication; d)
when he enters a conditional plea of guilty; e) where, after plea of guilty, he
introduces evidence of self-defense or other exculpatory circumstances; and E)
when the plea is indenite or ambiguous.
When may accused enter a plea of guilty to a lesser offense
1. During arraignment the accused may be allowed to plead guilty to a
lesser offense provided the following requisites concur: (a) the lesser offense to

be pleaded is necessarily included in the offense charge (if the charge is

6/V attempted homicide, the accused may plead guilty to the lesser offense of
slight
physical 1n]urles; but Where the offense charge is estafa, he cannot plead guilty to
theft. Theft is not included in estafa). Ql1){here must be consent of the prosecutor
and the private offended party (Sec. 2, Rule 116, Rules of Court). This is the reason
or the notice to be given to the private offended party of the date of
y )4*Mrraignment. He is supposed to appear for purposes of plea bargaining
(Sec. 1 (f),
Rule 116, Rules of Court).
After arraignment but before trial, the accused may still be allowed to
plead guilty to lesser offense after withdrawing his plea of not guilty. No
amendment of complaint or information is necessary (Sec. 2, Rule 116, Rules of

Court).
Accused plead guilty to capital offense, what the court should do
If the accused pleads guilty to a capital offense, the court is not
authorized to render judgment merely on the basis of the plea of guilty. The
court is mandated to conduct rst a searching inquiry to determine the
voluntariness of the plea and whether or not the accused fully comprehends the
consequences of his plea. Furthermore, the court shall require the prosecutor to
prove the guilt of the accused and the degree of his culpability. This is true even
if the accused has already entered a plea of guilty (Sec. 3, Rule 116, Rules of Court).
Where the offense is not capital, reception of the evidence is discretionary on the
court to determine the penalty imposed (Ibid).
The concept of a capital offense remains. What has been affected by the
new law is the penalty, not the concept. Said law (R./l. 9346- An Act Prohibiting
the Inposition of Death Penalty in the Philippines), prohibits the imposition of the
death penalty. In lieu of the death penalty in a capital offense, the penalty of
reclusiou perpetuu shall be imposed when the law violated makes use of the
nomenclature of the penalties of the Revised Penal code. If not, then life
imprisonment shall be imposed.
Searching inquiry
Guidelines in the conduct of a searching inquiry: 1)ascertain from the
accused himself a) how he was brought into the custody of law; b)whether he
had the assistance of a competent counsel during the custodial and preliminary
investigations; and under what conditions he was detained and interrogated
during the investigations; 2) ask the defense counsel a series of questions as to

whether he had conferred with, and completely explained to the accused the
meaning and consequences of a plea of guilty; 3) elicit information about the
personality prole of the accused (e.g. age, status, educational background),
which may serve as a trustworthy index of his capacity to give a free and
informed plea of guilty; 4) inform the accused of the exact length of

imprisonment or nature of the penalty under the law and the certainty that he
will serve such sentence; 5) inquire if the accused knows the crime with which he
is charged and to fully explain to him the elements of the crime which is the basis
of his incident; 6) all questions posed to the accused should be in a language
known and understand by the latter; and 7) the trial judge must satisfy himself
that the accused, in pleading guilty, is truly guilty (People vs. Toncayao 433 SCRA
513).
Improvident plea
1.
Where the trial court failed to conduct the prescribe searching inquiry"
into the vol tariness of the accused's plea of guilty and full comprehension
thereof, Xalea of guilty is deemed made improvidently and rendered
inefficacious (People vs; Gumimbn, 517 SCRA 25).
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G undsfo sus ensi nofarr i n t Z

Grounds
1.
ro r p o agmen f7) E Z
1,,e u
The following are the grikinds for suspension of arraigniit: a) unsound
mind of the accused; b) there is a prejudicial question; and c) there is a petition
for review pending in the Department of Justice or the Office of the President
(Sec. 11, Rule 116, Rules of Court)
\ Motion to quash Z E9-67Y'Q
Section 3, Rule 117, of the Rules of Court provide the grounds for a
motion to quash: }Athe facts charged do not constitute an offense; b) the court
trying the case has no jurisdiction over the offense charged; ejfh court trying the
case has no jurisdiction over the person of the accused; d>(hat the officer who
led the information had no authority to do so; e><that it does not conform
substantially to the prescribed forrn; Qffhat more than one offense is charged
except when a single punishment for various offenses is prescribed by law; g)
that the criminal action or liability has been extinguished; h) that it contains
t whi h if tr '0 - - stitute al al ex e for ticat' - d'
avermen s, c ue \/\ _ K eg cus ]l.1S ion, an 1)
that the accused has bee convicted or acquitted of the offense
charged, or of the case ed or otherwise terminated
without his express consent. L
Distinguish from demurrer to evidence
1.

Motion to quash contemplates an initial action originating from the

accused. The right to le a motion to quash belongs only to the accused (People
vs. Nitafmi, 302 SCRA 424) Demurrer to evidence is an objection by one of the
parties in an action to the effect that the evidence his adversary produced is

insufficient in point of law, whether true or not, to make out a case or sustain the
issue. The party demurring challenges the sufficiency of the whole evidence to
sustain a verdict. (Katigbak vs. Sandiganbayan, 405 SCRA 558) s
Effects of sustaining the motion to quash u0__ . All VFi' a%
'0
1.
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If the ground is neither under (a), (d), (e), and (f) of Sec. 3, Rule 117 of the
Rules of Court, the court may order that another information be led or an
b...
N D amendment thereof be made, as the case may be, within a denite period. If
such
(N01 w rder is not made, or if having been made, another information is not led
jjo r Yb o within the time specied in the order, or within such time as the court
may
Q: W allow the accused if in custod shall be dischar ed therefrom '
N #3 , y, g , unless he is also
in custody on SOEE other charge. MUYW ugkd/I/\ ant. W //L

S: (Z - 01
If the g nd is neith r un er (g), (h), (i) of Sec. 3, Rule 117 of the Rules of
Q; j (H1 j[;f@1
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ii
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all
\u&ourt, the court must state, in its order granting the motion, the release of the
accused if he is in custody or the cancellation of his bond if he is on bail.
Exception to the rule that sustaining the motion is not a bar to another prosecution
1.
/An order sustaining a motion to quash is not a bar to another prosecution
for the same offense unless the motion was based on the following groimds: (a)
criminal action or liability has been extinguished; (b) double jeopardy (Sec. 6,
Rule 117, Rules of Court). V}: J A h
//
Double jeopardy VAJAL
M.
it
\
1.
2.
The elements constituting d uble jeopardy: (a) the accused has been

convicted or acquitted or tl"u;,es{ggainst him was dismissed or terminated

without his express consent; (b) the court has jurisdiction; (c) there is a valid
complaint or information; (d) there was plea to the charge upo mt (e)
the accused is charged anew for an offense cgnstiinng attempt or a
fense charged or for an offense that necessarily
includes or is necessarily included in the former charge (Sec. 7, Rule 117, Rules of
Court). a%wK 0\Vl~&1/\| ~61/\
Provisional dismissal
When a case is provisionally dismissed, the case may be later on revived.
A provisional dismissal of a case may be made provided the following requisites
concur: (a) there is express consent of the accused, and (b) there is notice to the
offended party (Sec. 8, Rule 117).
if
The case of People vs. Lacson, 400 SCRA 267(April 1, 2003), has modied
the requisites for a provisional dismissal, to wit: (a) the prosecution with the

expressed consent of the accused moves for a provisional dismissal of the case; or
both the accused and the prosecution move for the provisional dismissal (b) the
offended party is notied of the motion for provisional dismissal of the case; '(c)
the court issues an order _ granting the motion and dismissing the case
provisionally; and the public prosecutor is served with a copy of the order of
,- i provisional dismissal. l '

Q tl5U\ll" >
__ ,1 I Note also that und of Rule 'l t7, the one -year and two- year time
Q " line shall be counted from _ e date of the issuance of the order of disinissal. In
F-Q 2 People Lncson the reckoning period starts from "the service of the order of
dismissal on the public prosecutor who has control of the prosecution.
Accordingly, the public prosecutor cannot be expected to comply with the
timeline unless he is served with a copy of the order of dismissal.
Pretrial
Matters to be considered during pre-trial
1. The following are matter that need to be considered during the pre-trial:
a)p4ea bargaining; bj/sfaulation of facts; cyring of the evidences of the
parties; d),waiver of objections to admissibility of evidence; gmiochcation of the
order of trial if the accused admits the charge but interposes a lawful defense;
and 1 matters as will promote a fair and expeditious trial of the criminal
and civil aspects of the case (Sec. 1, Rule 118, Rules of Court). The agreements
made on the above matters in order to be binding need approval of the court
(Sec. 2, Rule 1'18, Rules qfC0urt). ,
What the court should do when prosecution and offended party agree to the plea
offered by
the accused '
1. At arraignment, the accused, with the consent of the offended party and
prosecutor, may be allowed by the trial court to plead guilty to a lesser offense
which is necessarily included in the offense charged. After arraignment but
before trial, the accused may still be allowed to plead guilty to said lesser offense
after withdrawing his plea of not guilty. No amendment of the complaint or

information is necessary (Sec.2, Rule 116, Rules QfC0url).

Pre-trial agreement
1. Agreements or admissions made during the pre-trial cannot be used
against the accused unless they are reduced in writing and signed by the accused
and counsel (Sac. 2, Rule 118, Rules of Court).
Non-appearance during pre-trial
1. The court may impose proper sanctions or penalties on the counsel or
J prosecutor who does not appear at the pre-trial conference. To avoid such

sanctions, an acceptable excuse for the absence must be offered to the satisfaction
of the court (Sec. 3, Rule 18, Rules of Court).
Pre trial order
The pre-trial order shall be issued by the court after the pretrial
conference. This order shall contain the following: (a')/a recital of the actions
taken; (l;)/ the facts stipulated; and (c)the evidences marked (Sec. 4, Rule 118,
Rules of Court) l 4 l
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f
The pre-trial order shall (a) bind the parties and shall limit the trial to
matters not disposed of; and (b) control the course of the proceedings during the
trial, unless modied by the court to prevent manifest injustice (Sec. 4, Rule 118,
Rules of Court).

Referral of some cases for court annexed mediation and judicial dispute resolution
The following are under the mandatory coverage for court-annexed
mediation (CAM) and judicial dispute resolution (IDR): a) all civil cases and the
civil liability of criminal casescovered by the Rule on Summary Procedure,
including the civil liability for violation of B.P. 22, except those which by law
may not be compromised; b) special proceedings for the settlement of estates; c)
all civil and criminal cases led with a certicate to le action issued by the
Punong Barangay or the Pangkat ng Tugapagkasumio under the Revised
Katarungang Pambarangay Law; d) the civil aspect of Quasi-Offenses under Title 14
of the Revised Penal Code; e) the civil aspect of less grave felonies punishable by
correctional penalties not exceeding 6 years imprisonment, where the offended
party is a private person; f) the civil aspect of estafa, theft and libel; All civil cases
and probate proceedings, testate and intestate, brought on appeal from the
exclusive and original jurisdiction granted to the rst level courts under Section
33, par. (1) of the judiciary Reorganization Act of 1980; g) all cases of forcible
entry and unlawful detainer brought on appeal from the exclusive and original
jurisdiction granted to the rst level courts under Section 33, par. (2) of the
Iudiciary Reorganization Act of 1980; h) all civil cases involving title to or
possession of real property or an interest therein brought on appeal from the
exclusive and original jurisdiction granted to the rst level courts under Section
33, par.(3) of the Judiciary Reorganization Act of 1980; and i) all habeas corpus
cases decided by the rst level courts in the absence of the Regional Trial Court
judge, that are brought up on appeal from the special jurisdiction granted to the
rst level courts under Section 35 of the Iudiciary Reorganization Act of 1980

(A-M. No, 11-1-6-SC-PHIL]/1).

I\7-\'I|'\|-41-'|'1'\'| I 1'\I\ r j\

Trial
Instances when presence of accused is required by law
In the following instances the presence of the accused is required:(a) at
arraignment and plea, whether for innocence or for guilt; (b) during trial,
whenever necessary for identication purposes; and (c) at the promulgation of
sentence, unless it is for a light offense, in which case, the accused may appear by
counsel or representative. At such stages of the proceedings, his presence is
required and cannot be aived (People vs. Iuvcn dc Grano, et al., G.R. N0. 167710,
lune 5, 2009).
fore trial can be suspended on account of absence of witness
vi
1. WW /Trial can be suspended on account of absence oi a _witness provided that
/A _ t e following requisites are present: a) that the witness is material and appears
to
mtwv/gt} at .
i 1
'1/' b
the court to be so; b) that the party who applies has been guilty of no neglect; c)
that the witnesses can be had at the time to which the trial is deferred and
'4 incidentally that no similar evidence could be obtained; and d) that an affidavit

.5 _ Viv. showing the existence of the above circumstances must be -led.

Arlabsentia -~ A N: L/l
til? 1
The provision in the constitution authorizin he trial in absentia after the
accused in case of his non appearance a ce
i_mp_l,e means that he waives his right to meet the Q ig
others. The following are the requirements for trial in absentia: a) the accused has
been arraigned; b) he has been duly notied of the trial; and c) his failure to
appear was unjustied (Sec. 14 (2), Art. III, 1987 Constitution of the Philippines).
Remedy when accused is not brought to trial within the prescribed period
1.
The remedy of the accused is to le a motion to dismiss the information
on the ground of denial of his right to speedy trial. Failure of the accused to
move for dismissal prior to trial shall constitute a waiver of his right to dismiss
under (Section 9 0fRuls 119). The dismissal shall be subject to the rules on double
jeopardy. So it the dismissal is with prejudice, the case cannot be revived
anymore. But if the dismissal is without prejudice, the revival of the case is
proper.
Requisites for discharge of accused to become a state witness
1.
There are instances when two or more accused are jointly charged with
the commission of an offense. One or more of them may be discharged so they

1% - <
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~=---;;..~>_-=~-i~~-.--H, i_e.,:}_=_,:,_..-,.'\.;_.,,,...w.~-s-s.,,-.a\4
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may be witnesses for the state. Before an accused is discharged as a state witness,
the following requisites must be complied with:
(1) The discharge must be with the consent of the accused;
(2) There is absolute necessity for the testimony of the accused whose
discharge is requested;
(3) There is no other direct evidence available for the prosecution of the
offense committed, except the testimony of the accused to be discharged;
(4) The testimony of the accused can be substantially corroborated in its
material points;
(5) The said accused does not appear to be the most guilty;
(6) The accused has not been at any time been convicted of a crime involving
moral turpitude;
(7) There must be a motion to discharge the accused made by the
prosecution before it rests its case; and
(8) The prosecution must be required to present evidence and the swom
statement of the proposed state witness at a hearing in support of the
discharge (Sec. 17, Rule 119, Rules of Court).
Effects of discharge of accused a state witness
' v 9 ave/\/ILA 0.0., WA 0L
vidence adduced in su ort of the dischar e shall autoinaticall form

PP 8 Y
/'7 part of the trial. If the court denies the motion to discharge the accused as state
witnesf his sworn statement shall be inadmissible in evidence. ge of
accused qperates as agiuittal and bar to further prosecution for the same offense
(Sec. 17 and 18, Rule 119, Rules of Court). T
Demurrer to evidence
1.
2.
A demurrer to evidence is a motion to dismiss the case. In a criminal case,
it is led after the prosecution rests its case. The ground to be relied upon is
insufficiency of evidence of the prosecution. Recall that under the rules of
evidence, the prosecution must prove the guilt of the accused beyond reasonable
doubt (Sec. 2, Rule 133, Rules of Court). If this quantum of evidence is not met, a
demurrer may lie.
The court may demur to the evidence on its own initiative or motu propio
but after giving the prosecution an opportunity to be heard. The accused may
also le a demurrer to the evidence with or without leave of court (Sec. 23, Rule
119, Rules of Court). Z(;(I'\'.(-(\'i(@
Iucl ent O S (*_( 1 3 2
em W l) fa .,(>
Requisites of a judgment
1.
(W
Sec. 1, R of the Rules of Court provide for the following requisit s

of a judgment : a in writing; b) ine ofcial language; c) personally and directly UM

prepared and signed by the judge; and d) with a concise statement of the fact and
the law on which it is based. .

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Contents of judgment
If the judgment is of conviction, it shall state: a) legal qualication of the
offense constituted by the acts committed by the accused, and the aggravating or
mitigating circumstances attending its commission; b) participation of the
accused, whether as principal, accomplice or accessory; c) penalty imposed upon
the accused; and d) civil liability or damages caused by the wrongful act or
omission, unless a separate civil action has been reserved or waived (Sec. 2, Rule
120, Rules 0fCuurt).
If the judgment is of acquittal, it shall a) whether the evidence of the
prosecution absolutely failed to prove the guilt of the accused or merely failed to
prove his guilt beyond reasonable doubt; and b) in either case, the judgment
shall determine if the act or omission from which the civil liability might arise
did not exist (lbid).
Promulgation of judgment; instances of promulgation of judgment in absentia
The judgment is promulgated by reading it in the presence of the accused

and any judge of the court in which it was rendered. If the conviction is for a
light offense, the judgment may be pronounced in the presence of the counsel of
the accused or his representative (Sec. 6, Rule 120, Rules of Cuurl).
The court promulgating the judgment shall have authority to accept the
notice of appeal of the accused and approve the bail bond but if the decision of
the trial court changed the nature of the offense from bailable to non-bailable, the
application for bail can only be resolved by the appellate court (Sec. 6, Rule 120,
Rules of Court).
In case the accused fails to appear at the scheduled date of promulgation
of judgment despite notice, the promulgation shall be made by recording the
judgment in the criminal docket and serving him a copy thereof at his last knov\m
address or thru his counsel (Sec. 6, Rule 120, Rules of Court).
If the accused is convicte a/nd his failure to appear was without
justiable cause, he shall lose h ies against the judgment under the Rules,
and the court shall order his arrest. If he surrenders within 15 days from the
promulgation of judgment, he may le a motion for leave to avail of the
remedies. The motion shall state the reason for his absence and was for a
justiable cause and within 15 days fromnotice, he shall then be allowed to avail
of the remedies against lhejudgment (Sec. 6, Rule 120, Rules of Court).
When does judgment become nal (four instances) wt} Q pl! /584$
- .74 Ll
u) , M 1/li~ 411/11;/All Am
A judgment becomes nal (n% sgullohe ghriogrldr perfe tng
an appeal, or (wan the sentence has been jartaE y or totally served, or (c)

when the accused has waived his right to appeal in writing oldslapplied for
probation (Sec. 7, Rule 120, Rules of Court).

JV W New trial or reconsideration

Grounds for new trail
1. WM The grounds for a new trial are: a) That errors of law or irregularities
(D Brygf % prejudicial to the substantial rights of the accused have been committed
during
(/-7 (i trial; and b EW and material evidence has been discovered which the
Ct) N0Ny a used could not have discovered with reasonable diligence and produced
-Ava uring the trial and which if introduced and admitted would probably change
\/l d;\Ua,e judgment (Sec. 2, Rule 121, Rules of Court). NM} R MMW
Grounds for reconsideration
1- The grounds for a e
the judgment which reguires no further proceedings (Sec. 3, u e , u es 0
Court).
Requisites before a new trial may be granted on ground of newly discovered
evidence
mm
1. New trial may be granted on the ground of newly discovered evide - '
p; the following requisites are present: a)/mhe evidence was discovere
&\ w\M trial e - t such evidence cou,1<lB$lLh_a3L_l9een discovered and Eoduced
aie
wdi triwith the exercise of reasonable diligence; c) that ' is material, not

___- -\.-____
merely cumulative, corroborative or impeaching; and ence is of such a
weight that it would probably change the judgment if admitted.
E. ea? tie???
5 3} h
e
ting a new trial or reconsideration
When a new trial is granted on the ground of errors of law or irregularities
' committed during the trial, all proceedings and evidence not affected by the
commission of such errors and irregularities shall stand, BUT those affected
. thereby shall be set aside and taken anew. The court may, in the interest of
P Q") justice, allow the introduction of additional evidence;
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n a , court grants new trial or reconsideration, the
Q/~l\ original judgment shall be set aside d a new judgment rendered accordingly
( e . , ule 121, Rules of Court).
Application of Neypes doctrine in criminal cases ,
When a new trial is granted on the ground of newly discovered evidence, the
evidence already taken shall stand, and the newly discovered and such other
evidence as the court may, in the interest of justice, allow to be introduced, shall
be taken and considered together with the evidence already in the record-

1. The Court deems it practical to allow a fresh period .of 15 days within
which to le the notice of appeal counted from receipt of the order dismissing a
motion for a new trial or motion for reconsideration.
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war, av 8, .......,.._...c,.,,,,...,i..u.....2 Z*"_'I-4I<'~l'I<l$rJa=4l-\1\-\lKl*i_*_"1/

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The period for appeal is interrupted from the time a motion for new trial
or reconsideration is led until notice of the order overruling the motion has
been served upon the accused or his counsel at which time the balance of the
period begins to run (Neypes vs. CA, GR. N0. 141524, September 14, 2005)..
While Neypes involved the period to appeal in civil cases, the Court's
pronouncement of a "fresh period" to appeal should equally apply to the period
for appeal in criminal cases under Section 6 of Rule 122 of the Revised Rules of
Criminal Procedure, for the following reasons:
First, BP 129, as amended, the substantive law on which the Rules of
Court is based, makes no distinction between the periods to appeal in a civil case
and in a criminal case. Section 39 of BP 129 categorically states that "[t]he period
for appeal from nal orders, resolutions, awards, judgments, or decisions of any
court in all cases shall be fteen (15) days counted from the notice of the nal
order, resolution, award, judgment, or decision appealed from." Ubi Iex mm
distinguit ncc nos distingucrc dclzemos. When the law makes no distinction, we (this

Court) also ought not to recognize any distinction.

Second, the provisions of Section 3 of Rule 41 of the 1997 Rules of Civil
Procedure and Section 6 of Rule 122 of the Revised Rules of Criminal Procedure,
though differently worded, mean exactly the same. There is no substantial
difference between the two provisions insofar as legal results are concerned the
appeal period stops running upon the ling of a motion for new trial or
reconsideration and starts to run again upon receipt of the order denying said
motion for new trial or reconsideration. it was this situation that Neypes
addressed in civil cases. No reason exists why this situation in criminal cases
cannot be similarly addressed.
Third, while the Court did not consider in Neypes the ordinary appeal
period in criminal cases under Section 6, Rule 122 of the Revised Rules of
Criminal Procedure since it involved a purely civil case, it did include Rule 42 of
the 1997 Rules of Civil Procedure on petitions for review from the RTC.s to the
Court of Appeals (CA), and Rule 45 of the 1997 Rules of Civil Procedure
governing appeals by certiorari to this Court, both of which also apply to appeals
in criminal cases, as provided by Section 3 of Rule 122 of the Revised Rules of
Criminal Procedure (Iudith Yu vs. Hun, Rosa Sams0n~Tatnd, G. R. No. 170979,
February 9, 2011).
Appeal
Effect of an appeal
1 al in a criminal case opens the whole case for review and this
includes the review of the penalty, indemnity, and the damages involved.
Consequently, on appeal, the appellate court may increase the penalty,

indemnity, or the damages awarded by trial court, although the offended party

a...<......o.......t._.e....aW..._,.,,t o.,....._.,. \t<!

aw ._ _ . _ p - ,. ' had not appealed from said award, and the party who sought a review of the
decision was the accused.
Where to appeal
The appeal to the RTC is by way of notice of appeal led with the MTC
which rendered the judgment or nal order and serving a copy thereof upon the
adverse party (Sec. 3, Rule 122, Rules of Court).
The appeal to the CA is by way of notice of appeal led with the RTC
which rendered the judgment or nal order and serving a copy thereof upon the
adverse party. This rnode applies where the judgment of the RTC was rendered
in the exercise of its original jurisdiction If the judgment of the RTC was in the
exercise of its appellate jurisdiction, the appeal shall be by a petition for review
under Rule 42 to the CA (Sec. 3, Rule 121, Rules of Court).
Appeals to the Supreme Court shall be by petition for review on certiarari
under Rule 45 (Sec. (e), Rule 122, Rules of Court).
When the Supreme Court en bane cannot have the requisite majority on
whether to acquit the appellant, the case shall be deliberated upon anew. If no
decision is reached after re-deliberation, the decision of conviction of the lower
court shall be reversed and the appellant shall be acquitted (Sec. 3, Rule 125, Rules

of Court).
How appeal taken
Appeal to the Regional Trial Court: by ling a notice of appeal with the court
that rendered the judgment or order appealed from and serving a copy to the
adverse party;
Appeal to the Court of Appeals from decision of the Regional Trial Court in the
exercise of its original jurisdiction: by ling a notice of appeal with the court
which rendered the judgment or order appealed from and serving a copy to the
adverse party;
Appeal to the Court of Appeals in cases decided e Regional Trial Court in
the exercise of its appellate jurisdiction: etition for review under Rule 42.
Appeal to the Court of Appeals in cases where penalty imposed is reclusion
perpetua, life imprisonment or where a lesser penalty is imposed but involving
offenses committed on the same occasion or arising out of the same occurrence
that gave rise to the more seri s offense for which the penalty of d__@_l1 orjifg
: g a notice of appeal with the Court of Appeals;
Death penalty: automatic review by the Court of Appeals (AM. No. 00-5-O3-SC,
October 15, 2004).
Other appeals to the Supreme Court: by petition for review on certiorari. ...
Effect of appeal by any of several accused
a An appeal taken by one or more of several accused shall not affect those who did
not appeal, except insofar the judgment of the appellate court is favorable
and applicable to the latter; /-\ W L Ml,
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appeal of the offended party from the civil aspect shall not affect the criminal
aspect of the judgment or order appealed from;
c. Upon perfection of the appeal, the execution of the judgment or nal order
appealed from shall be stayed as to the appealing party.
Y) s l5 C.
Grounds for dismissal of appeal _V k jjl l
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@/l4"\Fl""tl"*Jl,l J
1. The grounds are: a) failure on the part of the abdgwto le brief within
the reglementary period, except when he is represented by a counsel de qfcin; b)
escape of the appellant from prison or connement; c) when the appellant jumps
bail; and d) ight of the appellant to a foreign country during the pendency of
the appeal.
Search and seizure
Nature of search warrant
1. A search warrant is an order in writing issued in the name of the People
of the Philippines, signed by a judge and directed to a peace officer, commanding
him to
search for personal property described therein and bring it before the court (Sec. 1,
Rule

126, Rules of Court). __

A swmwr we
"'l<(iA1Jllm/l/lwill~?l/\@"-l)l>l>
D' ti ' hf - t f t ,
is nguis romwarnn 0 arres c_
warrant by taking the person stated therein into custody that he may be bound to
answer for the commission of the offense. Search Warrant is an Order in writing
in the name of the RP signed by the judge and directed to the peace officer to
search personal property described therein and to bring it to court. (Sec.1, Rule
126, Rules of Court). '
Warrant of arrest does not become stake. Search Warrant is valid for l0
days only (Sec. 9, Rule 126, Rules nfC0urt).
3. Warrant of arrest may be served on any day and at any time of day or
ni ht (Sec. 6, Rule 113 _ rt). Search warrant is to be served only in
.%/time unless th at the properg is on the person or the
place to be searched. . 9 26, Rules 0 .6urt).
4. In issuing warrant of arrest, - 'ation of witnesses is not
necessar .ln search warr nt the' d . u. ' d - '
y a , ju ge m st con uct an examination
_._.__*_.__
of the complainant and the witnesses. ~
2. y
5. An issuing warrant of arrest, the judge is merely called upon to examine
sew

Qtf
Application for search for search warrant, where led
and evaluate the report of the scal and the evidence. ln search warrant, the
examination by the judge must be probing. Not enough to merely adopt the
questions and answers asked by a previous investigator. _
\
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l. I Warrant of arrest is an order directed thgpeac . officer lo execute the - in

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1. As a rul search warrants hould be led with the court within whose
territorial jurisd as committed (Sec. 2 (zz), Rule 126, Rules of
Court). The exceptions to the general rule are: ayfmompelling reasons, it can be
led with the court within whose judicial region the committed or
0(\ where the warrant is to be ser - if the criminal action has already been
Q, M W led, the aglicaon for m only_b_e_made in_the_cgmrt whe_re

pt6 ' ' g; c) in case of search warrants involving heinous

crimes, illegal gambling, illegal possession of rearms and ammunitions as well
as violations of the Comprehensive Dangerous Drugs Act of 2002, the Intellectual
Property Code, the Anti- Money Laundering Act of 2001, the Tariff and Customs
Code, the Executive Iudges and, whenever t fficial leave of absence or
are not physically present in the station, the ' e-Executive Iudges of the RTC of
manila shall have authority to act on applications led by the NBI, PNP and the
Anti-Crime Task Force (ACTAF) (Sps. Marimla vs. People of the Philippines, G.R.
N0. 158467, Oct. 16, 2009). QW M Wit in OM R);
Probable cause 'l\4a?4\,u~Ial& (Mul1\ 1-wbv VH1. Probable Cau fers to the facts and circumstances which could lead a
reasonably discreet and prudent man to believe that an offense has been '
committed and that the objects sought in connection with the offense in the place
sought to be searched. The basis must be the Eggonal knowledge of the
cprnplainant or the witnesses he may produce and not based on mere hearsay.
The test of sufficiency of a deposition or affidavit is whether it has been drawn in
a manner that perjury could be charged thereon and the affiant be held liable for
damage caused.
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Personal examination by judge of the applicant and witnesses Q
1. The judge is uire ersonally exa ' e applicant and his
witnesses to deter e probable ca se before is search warrant (Article HI,
Sec. 2, 1987 Constitutz .

2. Deportation of illegal and undesirable aliens, whom the President or the

Commissioner of Immigration may order arrested, following a nal order of
deportation, for the purpose of deportation (Harvey vs. Defensor-Santiago, G.R. N0.
82544, lune Z8, 1988).
Particularity of place to be searched and things to be seized
1, - The purpose o to leave the officers of the law with no
discretion regarding w t articles they shall seize, to the end that "unreasonable
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searches and seizures may not be made ~ that abuses may not be committed
(Stonehill vs. Diokno, GR. No. L-19550, Iune 19, 1967).
2. _ Test to determine particularity: a) when the description therein is as
specic as the circumstances will ordinarily allow (Pcuple vs. Rubia, G.R. N0. L
35500, Oct. 27, 1932); b) when the description express a conclusion of fact not of
law which the warrant officer may be guided in making the search and seizure;
and c) when the things described are limited to those which bear direct relation
to the offense for which the warrant is being issued.
Personal property to be seized
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inds of property to be seized by virtue of a warrant: a) subject of the
offense; b) stolen or embezzled and other proceeds or fruits of the offense; c) the

means used or intended to be used for cgminitting an offense.

.1
Exceptions to search warrant requirement
a) Search incidental to lawful arrest
1. Sec. 13 of Rule 126 specically enumerates the allowable scope of a search
incident to a lawful arrest. The provision limits the search to the following: (a)
dangerous weapons; (b) anything which may have been used in the commission
of the offense; (c) anything which constitute proof in the commission of the
offence.
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b) Consented search. l/W
1. The consent to a warrantless search must be voluntary, that is, it must be
unequivocal, specic and intelligently given, uncontaminated by any duress or
coercion. Consent to a search is not to be lightly inferred, but must be shown by
clear and convincing evidence (Valdez vs, People, 538 SCRA 611, November 23,
Z007).
c) Search of moving vehicle
1. A warrantless search on a moving vehicle is justied on the ground that
it is not practicable to secure a warrant because the vehicle can be quickly
moved out of the locality or jurisdiction in which the warrant may be sought
(People vs. Tuazon, 532 SCRA 152, September 3, 2007).
d) Check points; body checks in airport
l. Searches conducted on checkpoints are valid for as long as they are
warranted by the exigencies of public order and are conducted in a way least

intrusive to motorist. For as long as the vehicle is neither searched nor its
occupants subjected to body search, and the inspection of the vehicle is limited to
is--_
-__ __._
I4

visual search, said routine checks cannot be regarded as violative of an

individuals right against unreasonable search (People vs. Vinecario, G.R. No.
141137, Ianuary 20, 2004, 420 SCRA 280).
e) Plain view situation
Under the plain view doctrine, objects falling in the plain view of the
officer who has the right to be in the position to have that view are subject to
seizure and may be presented as evidence. The plain view doctrine applies when
the following requisites concur: (1) the law enforcement officer in search of the
evidence has prior justication for an intrusion or is in a position from which he
can view a particular area: (2) the discovery of the evidence in plain view is
inadvertent; (3) it is immediately apparent to the officer that the item he observes
may be evidence of a crime, contraband or otherwise subject to seizure ( Iudge
Felimon Abelita, III vs. Pl Supt. German Doria and SPO3 Cesar Ramirez, G.R. No.
170672, August 14, 2009).
f) Stop and frisk situation V
A stop-and-frisk situation must precede a warrantless arrest, be limited to

the person's outer clothing, and should be grounded upon a genuine reason, in
the light of the police ofcers experience and surrounding conditions, to warrant
the belief that the person detained has weapons concealed about him (Valdez vs.
People, 538 SCRA 611, November Z3, 2007).
g) Enforcement of custom laws
Routine customs searches require no warrant or no probable cause,
though extended detention of travelers must be justied by reasonable suspicion
(United States v. Montoya de Hernandez, 1985).
Remedies from unlawful search and seizure
Nature
The following are the remedies for an unlawful search and seizure: a) a
motion to quash the search warrant; b) motion to suppress as evidence the
objects illegally taken (exclusionary rule any evidence obtained through
unreasonable searches and seizures shall be inadmissible for any purpose in any
proceeding); and c) replevin, if the objects are legally possessed.
Provisional remedies
The provisional remedies available in civil cases may be availed of in a
criminal case in connection with the civil action deemed instituted with the
criminal action (Sec. 1, Rule 127, Rules of Court).

xg-4; ,_ at -pf-' . .
2. The offended party may have the property of the accused attached as

security for the satisfaction of any judgment in the civil aspect of the case. The
reasons to support the attachment are the following:
(a) The accused is about to abscond from the Philippines; I
(b) The criminal action is based on a claim for money or properly embezzled
or fraudulently misapplied or converted to the use of the accused who is
a public officer, officer of a corporation, attorney, factor, broker, agent or
clerk, in the course of his employment as such, or by any person in a
duciary capacity, or for a willful violation of duty;
(c) When the accused has concealed, removed, or disposed of his property,
or is about to do so;
(d) _When the accused resides outside the Philippines.
Kinds of provisional remedies
a. Attachment;
b. Injunction;
c..Receivership;
d. Delivery of personal property;
e. Support pendente lite. ,
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