NOTES ON CRIMINAL PROCEDURE

Note: Taking advantage of a public

JURISDICTION position is an allegation of an aggravating
circumstance. It is different from
If there is no jurisdiction, the only power of that committing an offense in relation to his
court is to dismiss the case. office.

Aspects of jurisdiction 3. The position occupied must be in the list of

1. Offense positions enumerated in Sec 4 of RA 8249.
2. Territory – where the crime was committed
3. Person of the accused If the position is not in Sec 4 of RA 8249, then he
will be tried by the RTC or the MTC depending on
Jurisdiction of the MTC the penalty prescribed by the law.
1. Violations of City/Municipal Ordinances
committed within their territorial Exception
jurisdiction However, if you occupy a position with a salary
2. All offenses where the penalty prescribed grade of 27 or higher, you will be tried by the
by law does not exceed 6 years of Sandiganbayan. Even if your position is not listed
imprisonment, regardless of the amount of in Sec 4 of RA 8249. Even if the salary grade is
the fine. lower than 27, if the position is listed in Sec 4, the
3. Violations of BP 22 regardless of the Sandigan bayan will still have jurisdiction.
amount involved.
4. Offenses where the penalty is destierro. The Sandiganbayan will have jurisdiction
regardless of the penalty of these 3 conditions
Jurisdiction of the RTC have been met.
If it exceeds 6 years, file it with the RTC except in
cases of (LIE – MD): If the penalty is “imprisonment or fine”, just look
a) Libel at the duration of the imprisonment.
b) Infringement of copyright, if no special
commercial court If the penalty is ONLY fine, if it does not exceed
c) Election offenses Php 4000 or PhP 6000 (for government officials),
d) Offenses involving minors, whether the MTC will have jurisdiction.
minor be the complainant or the accused, if
no family court If an information is filed with the Sandiganbayan,
e) Drug related cases RTC or MTC, there should be a preliminary
n.b. These cases have penalties that do not hearing on the validity of the information. If the
exceed 6 years but it should be filed with information has been determined to be valid, the
the RTC. court has the duty to suspend the accused for a
period not exceeding 90 days. There must be a
Jurisdiction of the Sandiganbayan preliminary hearing before suspension.
The following must concur:
1. The offender must be a government
official/employee.
2. He must commit the offense in relation to Jurisdiction over the territory
his office or in the performance of his In criminal procedure jurisdiction is the same with
duties. venue. The venue is the place of the trial.
Rules on where to file a criminal action
 1) The criminal action must be commenced in the custody of law but under the jurisdiction of
and tried in the place where the crime took the court.
place or where its material ingredients
occur (continuing crime). How to assail the legality of the arrest
If no case has been filed against him, he should
2) Where the crime is committed onboard a file a petition for habeas corpus. If there is a case,
train, aircraft or a vehicle (private or file a motion to quash on the ground of no
public) in the course of its trip, the jurisdiction over the person of the accused.
criminal action shall be commenced and
tried in the court of the municipality where RULE 110: INSTITUTION OF A CRIMINAL
the vehicle passed during its trip, including OFFENSE
the place of arrival and departure.
If a criminal offense requires a preliminary
3) Where the crime is committed onboard a investigation, it is instituted by filing the
vessel, it will be commenced and tried in complaint with the proper officer for the purpose
the court of first port of entry or wherever of conducting the requisite preliminary
the vessel has passed by in its voyage. investigation.

4) If committed outside the Philippines, but For offenses which have no need for preliminary
punishable in the Philippines, file it in the investigation, it is instituted by filing a complaint
court where the case was first filed. (Art. 2, directly with the MTC or with the Office of the
RPC). Prosecutor. In Metro Manila and other chartered
cities, the complaint shall be filed with the office
The Supreme Court may order a change in the of the prosecutor unless otherwise provided by
place of trial to prevent miscarriage of justice. their charter.
(Only the Supreme Court has the power to do
this). All offenses which have at least 4 years, 2 months
and 1 day of imprisonment as the penalty require
In a criminal case, the court will dismiss a case on preliminary investigation.
the ground of lack of jurisdiction whereas in civil
cases, the court will dismiss it on the ground of Proper Officers (requiring PI)
improper venue. 1) PCGG – for ill-gotten wealth
2) Ombudsman – involving government
Jurisdiction over the person of the accused officials in relation to their office
It is obtained in two ways: 3) COMELEC – election offense
1) Valid arrest of the accused
2) Voluntary appearance in court There can be no direct filing of a criminal action
in the RTC, MeTC and MTCC. However, in the
It is not the same with being held in custody of the MTC and MCTC, there can be direct filing.
law, which is obtained in the following ways:
a) Valid arrest Persons required to sign in the information and
b) Voluntary surrender the complaint
For a complaint, the offended party, the peace
Once jurisdiction is acquired, it will remain until officer and the public officer charged with
the case ends. It is possible that an accused is not enforcement of the law are required to sign
whereas in an information only the prosecutor is  Jurisdiction is determined by the facts
required to sign. alleged in the complaint or
Complaint information.
It is a sworn written statement charging a person
with an offense, subscribed by the offended party, 4. Name of the offended party
any peace officer or other public officer charged 5. Approximate date of the crime
with the enforcement of the law violated. 6. Approximate place of the crime
 This will determine the territorial
Information jurisdiction of the court.
An accusation in writing charging a person with
an offense subscribed by the prosecutor and filed Dates must not be too far away from each other.
with the court. This is to inform the accused of the nature and
cause of accusation against him.
Complaint vs Information Exception: When the date of the commission is an
1. A complaint must be under oath whereas element of the offense (e.g. Infanticide).
an information need not be under such.
2. A complain is signed by the offended The complaint or information must be in writing
party, any peace officer or other public against the name of the people who committed the
officer charged with the enforcement of the crime.
law violated. On the other hand, an
information is signed by the prosecutor. Exception: Witness Protection Program
3. A complaint is filed in court or the The name of the accused may not appear in the
prosecutor’s office while an information is complaint/information
filed in court only.
A complaint/information must charge only one
Sufficiency of a Complaint/Information offense except when the law prescribes a single
1. Name of the accused punishment for various offenses (e.g. complex
 All the names must be specified crimes).
 If not known, use a fictitious name  If there are two offenses. It is still valid
(e.g. John Doe) but it is defective (Defect of duplicity).
 If it is subsequently known, it will be  If there are three or more – defect of
amended. multiplicity
 If over 15 but below 18 and acted with  Remedy: Motion to Quash
discernment, use CICL o At any time before he enters a
plea
2. Designation of the offense by the statute o If he enters a plea without a
 If there is conflict between the title and motion to quash, it is deemed
body of the complaint, what is binding waived.
is the facts alleged in the body of the
complaint. All generic and qualifying aggravating
 If there is no designation, specify circumstances must be alleged in the complaint or
section of the law that was violated. information.

3. Acts/omissions constituting the offense Amendments of a Complaint/Information

Amendment – to change an allegation
Only the prosecution can amend. The judge may The accused cannot be convicted of estafa or theft.
refuse or allow an amendment. The court will dismiss the original
complaint/information and allow a new one.
Kinds of Amendments
1. Formal – amendment as to form; changes In amendment, there is a likelihood that the right
as to date, time, place, gender and the like against double jeopardy might be violated. The
2. Substantial – amendment as to substance moment the plea is entered, double jeopardy
This kind of amendment changes the nature of already attaches.
the offense charged and may affect the In substitution, double jeopardy will not attach
jurisdiction of the court and the range of the because the offenses are not the same.
penalty. Generally, it is done with leave of
court. Amendment vs Substitution
1. In amendment, the offenses are the same,
Time With or Kind or are included in the other; in substitution,
Without they are not the same.
leave 2. An amendment may be formal or
Before Plea Without leave Substantial substantial whereas a substitution is only
and/or Formal substantial.
After Plea With leave Only Formal; 3. An amendment does not always require
Substantial (if leave of court. A substitution always
favorable to requires leave of court.
the accused) 4. In amendment, there is no need for
Before Plea With leave; Amendment rearraignment. When there is a
motion from that: substitution, the accused must be arraigned
prosecution; a)Downgrades anew.
notice to the nature of
offended party the offense The following private crimes cannot be prosecuted
b)Excludes de oficio:
any accused 1. Seduction, abduction, adultery,
After Plea With leave By reason of a concubinage, acts of lasciviousness
supervening 2. Defamation consisting of the imputation of
fact any of these offenses
3. Seduction (simple and qualified)

Substitution of a Complaint/Information They can be prosecuted only when the offended

If it appears at any time before judgment that a party files a complaint. When the complainant is a
mistake has been made in charging the proper minor, it can be signed by the offended party, the
offense and the accused cannot be convicted of the parents, the grandparents, the guardian or the
crime charged, the court will dismiss the State. (This list is exclusive and successive).
complaint/information upon filing of a new one
charging the proper offense. In the case of adultery and concubinage, only the
offended spouse can file the complaint. The
Example: offended spouse must file the case against both
Charge: Estafa Evidence: Theft guilty parties. The spouse cannot complain if she
consented or pardoned one of the offending
parties. Pardon to one will benefit the other one.
 accused may still reserve provided that final
Who must Prosecute a Criminal Action? judgment has not been rendered.
It must be prosecuted by public prosecutors.
Private prosecutors may prosecute but under the There can be no reservation in the following cases:
direction and control of the public prosecutor. a) Violations of BP 22
Possible reasons for this may be a heavy work b) Criminal offenses committed by a public
schedule or the non-availability of a public officer in relation to his office
prosecutor.
Extinction of Penal Action
The private prosecutor may be authorized in The extinction of the penal action does not carry
writing, subject to the approval of the court, by the with it the extinction of the civil action. If the
public prosecutor to prosecute a criminal action. accused dies, his criminal liability will be
extinguished but not necessarily the civil liability
Generally, if there is no private offended party, which will be charged against the estate. If the
there is no need for a private prosecutor. accused is acquitted, he may be held civilly liable
except if the civil action is based on the delict and
RULE 111: PROSECUTION OF CIVIL there is a pronouncement by the court that the
ACTION crime did not exist.

General Rule: When a criminal action is instituted, Other Notes

the civil action for the recovery of the civil A separate civil action cannot be filed if the
liability arising from the offense charged is criminal case is still pending. While a criminal
deemed instituted. action is instituted, the civil action will be
suspended in whatever stage before final judgment
Exception: until final judgment is rendered in the criminal
1. When the offended party waives the civil action.
action
2. The offended party reserves the right to Simply put, if the offended party reserved the right
institute it separately. to institute a separate civil action and the criminal
3. He has instituted the civil action prior to case is pending, he cannot file it until final
the criminal action. judgment has been rendered in the criminal case.

When the offended party waives the civil action, Notwithstanding the acquittal of the accused, a
the criminal case will no longer have a civil civil action may still be filed if:
aspect. (1) The civil liability of the accused does not arise
from or is not based upon the crime of which the
Reserving the Right to Institute a Civil Action accused is acquitted;
After the criminal action has been instituted, the (2) The acquittal is based on reasonable doubt;
reservation shall be made before the prosecution (3) The court declares that the liability of the
starts presenting its evidence and under accused is only civil.
circumstances that would afford the offended
party a reasonable opportunity to make such The civil action is extinguished if the act or
reservation. omission from which the civil liability may arise
did not exist.
The prosecution will present the evidence first. If
the prosecution will not present evidence, the Independent Civil Action
It can proceed independently of the criminal c) Other officers as may be authorized by law
action. It may be had when the action is based on (e.g. PCGG, COMELEC, Ombudsman)
Arts 32, 33, 34 and 2176 of the Civil Code or it
arises from other sources of obligations other than The preliminary investigation must be conducted
delicts. before entering of plea. By a entering a plea, he
waives his right to a preliminary investigation. If
Prejudicial Question the court enters plea, the remedy would be to
Elements: question it in a higher court.
a) There must be a civil case and a criminal
case. Process
b) A previously instituted civil action which If there is no probable cause, the investigating
involves an issue similar or intimately officer will dismiss it.
related to the issue raised in the subsequent If there is probable cause, a subpoena will be
criminal action issued. It will inform the accused that he must
c) The resolution of such issue determines submit a counter-affidavit within a 10 day period.
whether or not the criminal action may If a clarification is needed, there will be a
proceed clarificatory hearing but the accused cannot cross
examine witnesses. After which, it will be
The accused will be the one to file a motion for determined whether it shall be dismissed or filed
suspension of the criminal action. It cannot be the in court.
court or the prosecution.
OCP (Resolution)
If the case is undergoing PI, the accused can ask
for the suspension of PI. If the case is filed in DOJ (Resolution)
court, the accused can file a motion for suspension
at any time before the prosecution rests its case. Court of Appeals (Petition for Certiorari)

*** An independent civil action is different from a Supreme Court (Petition for Review on Certiorari)
prejudicial question.
When the penalty is reclusion perpetua or life
RULE 112: PRELIMINARY imprisonment
INVESTIGATION
OCP
A preliminary investigation is an inquiry or a
proceeding the purpose of which is to determine DOJ
whether there is sufficient ground to engender a
well-founded belief that a crime, punishable by at Office of the President
least 4 years, 2 months and 1 day, has been
committed and the respondent is probably guilty Court of Appeals (Petition for Review under Rule
thereof, and should be held for trial. 43)

The following may conduct a preliminary Supreme Court (Petition for Review on Certiorari)
investigation:
a) Provincial or City Prosecutors and their The City/Provincial Prosecutor will pass a
assistants resolution, which may be reviewed by the DOJ,
b) National and Regional State Prosecutors and will then file an information in court. If the
DOJ reverses the decision of the City/Provincial
Prosecutor, it will order a motion to dismiss. When an MTC Judge issues a Warrant of Arrest
However, the court can deny such motion. Any If the offense has a penalty of at least 4 years, 2
disposition of the case is now subject to the months and 1 day of imprisonment but not
authority of the court. exceeding 6 years, the MTC judge will issue a
warrant of arrest within five days from filing of
Mandamus and injunction are not remedies to the information, the judge shall personally
compel the prosecutor to file a case in court. evaluate the resolution of the prosecutor. If there is
no probable cause, the judge may dismiss the case.
Once a case is filed, the executive steps out and If he finds probable cause, he shall issue a warrant
the judiciary steps in. of arrest. If the judge doubts the existence of
probable cause, the judge may order the
There is no need for preliminary investigation in a prosecution to submit additional evidence within
valid warrantless arrest. The filing of the case five days from notice.
constitutes delivery.
If the penalty is lower than 4 years, 2 months and
If he has been arrested in a place where an inquest 1 day of imprisonment and an information is filed,
prosecutor is available, an inquest will be the same process is done as that depicted in the
conducted instead of a preliminary investigation. preceding paragraph. If a complaint is filed, the
An inquest may only be conducted if the arrest is a MTC judge shall personally examine the
valid warrantless arrest. complainant and his two witnesses under oath
(Sec 2, Art III, 1987 Phil. Constitution).
The right to a preliminary investigation may be
waived provided it be in writing, in the presence When an MTC Judge may issue Summons
of counsel and waives Art 125 of the RPC. 1) Offense does not need preliminary
investigation
Within 5 days, the accused may ask that a 2) Probable cause exists
preliminary investigation may be conducted. 3) No necessity to place accused in
immediate custody
Warrant of Arrest
Only a judge may issue a warrant of arrest. RULE 113: ARREST

Within five days from filing of the information, Arrest is the taking of a person into custody that
the judge shall personally evaluate the resolution he may be bound to answer for the commission of
of the prosecutor. If there is no probable cause, the an offense.
judge may dismiss the case. If he finds probable
cause, he shall issue a warrant of arrest. If the The person making the arrest has the duty to
judge doubts the existence of probable cause, the deliver that person to the nearest police station or
judge may order the prosecution to submit municipal jail WITHOUT UNNECESSARY
additional evidence within five days from notice. DELAY.

A personal examination is done under oath in front A search warrant’s lifetime is ten days from the
of a judge. This involves a person. On the other date of its issue.
hand, a personal evaluation is a process done by a
judge when he is evaluating a resolution and its A warrant of arrest has no definite lifetime. It shall
supporting documents. remain in effect until it is executed or revoked by
the court. In case of loss, the officer in charge may A property bond is based on the tax declaration.
get a new warrant called alias warrant of arrest. The assessed value must be equal or higher.

A police officer may arrest an individual without a Recognizance

warrant in the following cases: It is a written undertaking that may be executed by
a) The person is committing or is about to the accused that he will appear in court whenever
commit a crime in the presence of a public required by the court or the Rules of Court. It may
officer. also be filed by another person on his behalf.
b) A crime has just been committed and the
person arresting has personal knowledge of It is available in the following instances:
the crime committed. 1. If the offender is charged with a light
c) Escaped convicts offense
RULE 114: BAIL 2. If the offender is a youthful offender (15-
18 y/o)
Bail is the security given for the release of a 3. When the accused has been detained for a
person in custody of law, furnished by him or a period equal to or more than the minimum
bondsman to guarantee his appearance before any of the imposable penalty without applying
court whenever his appearance is required by the the Indeterminate Sentence Law or any
court or by the Rules of Court. modifying circumstance. If he is detained
for the maximum duration of his penalty,
A person is in custody of law if he is validly he must be released immediately.
arrested or he voluntarily surrenders. 4. If the accused files an application for
probation
An accused may be tried in absentia but there can 5. If the accused is charged with an offense
be no arraignment in absentia. with a penalty of less than life
imprisonment, reclusion perpetua or death
The identity must be established beyond and the accused is indigent.
reasonable doubt.
Bail as a Matter of Right
Bail is not available if the accused is not in Bail is a matter of right in the following
custody of law. circumstances:
1. Before/after a judgment of conviction by
It is the prosecutor who recommends the amount the MTC
of bail. A motion to reduce the motion of bail may 2. Before judgment of conviction by the RTC
also be filed. not punishable by life imprisonment,
reclusion perpetua or death
Kinds of Bail 3. Before judgment of conviction by the RTC
1. Cash deposit punishable by death, reclusion perpetua or
2. Property bond life imprisonment when the evidence of
3. Corporate surety guilt is not strong
4. Recognizance
*Except for recognizance, the accused has Bail as a Matter of Discretion
the option of posting the bail. The court Bail is a matter of discretion after a judgment of
cannot impose the kind of bail, the accused conviction has been rendered by the RTC and the
should post. penalty is less than life imprisonment, reclusion
perpetua or death.
 a) Bail in the amount fixed may be filed with
Bail is Neither a Matter of Right nor Discretion the court where the case is pending, or in
Bail is neither a matter of right nor discretion in the absence or unavailability of the judge
the following cases: thereof, with any regional trial judge,
1. Before judgment of conviction by the RTC metropolitan trial judge, municipal trial
punishable by death, reclusion perpetua or judge, or municipal circuit trial judge in
life imprisonment and the evidence of guilt the province, city, or municipality. If the
is strong accused is arrested in a province, city, or
2. After judgment of conviction by the RTC municipality other than where the case is
punishable by death, reclusion perpetua or pending, bail may also be filed with any
life imprisonment regional trial court of said place, or if no
3. After judgment of conviction by the RTC judge thereof is available, with any
and the penalty is less than death, metropolitan trial judge, municipal trial
reclusion perpetua or life imprisonment judge, or municipal circuit trial judge
but more than six years of imprisonment therein.
and there is a presence of any of the bail b) Where the grant of bail is a matter of
negating circumstances discretion, or the accused seeks to be
4. Upon finality of a judgment of conviction released on recognizance, the application
unless the accused files an application for may only be filed in the court where the
probation. case is pending, whether on preliminary
investigation, trial, or on appeal.
Bail Negating Circumstances c) Any person in custody who is not yet
The following are bail negating circumstances: charged in court may apply for bail with
1. The accused is a recidivist, quasi- any court in the province, city, or
recidivist, habitual delinquent or has municipality where he is held.
committed the crime aggravated by
reiteration. If the record of the case has been forwarded to the
2. The accused committed the crime while on appellate court, the application for bail must be
parole, probation or conditional pardon. filed in the appellate court.
3. The accused has escaped from legal
confinement without justifiable reason or If the judgment of conviction has changed the
evaded sentence or violated conditions of nature of the offense from non-bailable to bailable,
bail. application of bail may be filed with and acted
4. There is an undue risk that the accused will upon by the appellate court.
commit another crime during the pendency
of his appeal. Example
5. There is a probability of flight on the part The offense charged was changed from murder
of the accused. (non-bailable) to homicide (bailable). The accused
then now may apply for bail in the appellate court.
A summary hearing is conducted to determine However, the converse in not true since the right
whether the evidence of guilt is strong. of the accused to be informed of the charge, nature
and cause of accusation against him will be
Probation is only allowed if the penalty is not violated.
more than six years of imprisonment.
Extradition Cases
Where to File Bail
It is only possible if two countries have an
extradition treaty. The extraditee may be entitled If the accused/bondsman was not able to comply,
to bail provided the he must show by clear and the court shall issue an order of confiscation. The
convincing evidence that he is not a flight risk. bond will be confiscated in favor of the
government.
Deportation Proceedings
The deportee may be granted bail by the The court cannot require arraignment before
immigration commissioner and not by the court. posting of bail except in cases involving
The power of the immigration commissioner to recognizance.
grant bail is discretionary. Once the deportation
order is issued, bail may no longer be granted. A Cancellation of Bail
hold departure order may be issued by the RTC. It is different from confiscation of bail wherein the
The DOJ cannot issue it bit it may issue a watch amount of bail will go to the government. The
list order. amount given as bail will return to the bondsman.
Conditions of Bail
The following are the conditions of bail: It may be obtained in the following circumstances:
1. Bail shall remain in effect from its a) Cancellation upon application
approval by the RTC, unless cancelled, at i) It may be issued upon proof of the
all stages of the case until promulgation of death of the accused.
the judgment of the Regional Trial Court, ii) Upon surrender of the accused – the
irrespective of whether the case was bondsman will bring the accused to
originally filed in or appealed to it. court and ask for the cancellation of
2. The accused shall appear in court bail.
whenever required by the court.
3. Failure to appear in court notwithstanding b) Automatic cancellation
notice shall be constituted as a waiver of i) Upon dismissal of the case against the
his right to appear and may be tried in accused
absentia. ii) Upon acquittal of the accused
4. The bondsman shall surrender the accused iii) Upon execution of the judgment of
to the court for execution of the final conviction
judgment.
RULE 115: RIGHTS OF THE ACCUSED
Order of Forfeiture
It is issued by the court if the accused fails to In all criminal prosecutions, the accused shall be
appear when required by the court. It is issued in entitled to the following rights:
order to forfeit the bond. It orders the accused or
the bondsmen to within 30 days from receipt of (a) To be presumed innocent until the contrary is
the order to: proved beyond reasonable doubt.
a) Produce the body of the accused in court
b) Explain why the accused did not appear (b) To be informed of the nature and cause of the
before the court when required to do so accusation against him.
c) Show cause why no final judgment shall
be rendered against him for the amount if (c) To be present and defend in person and by
his bail. counsel at every stage of the proceedings, from
*If all of these are present, the order of arraignment to promulgation of the judgment. The
forfeiture will be set aside. accused may, however, waive his presence at the
 trial pursuant to the stipulations set forth in his
bail, unless his presence is specifically ordered by RULE 116: ARRAIGNMENT AND PLEA
the court for purposes of identification. The
absence of the accused without justifiable cause at The accused shall be arraigned before the court in
the trial of which he had notice shall be considered which the case is assigned for trial. The accused is
a waiver of his right to be present thereat. When arraigned by reading to him the
an accused under custody escapes, he shall be complaint/information in a dialect or language he
deemed to have waived his right to be present on understands. If this is not complied with, the
all subsequent trial dates until custody over him is arraignment would be void. The purpose of
regained. Upon motion, the accused may be arraignment is to inform the accused of the nature
allowed to defend himself in person when it and cause of accusation against him.
sufficiently appears to the court that he can
properly protect his right without the assistance of Suspension of Arraignment
counsel. Arraignment can be suspended in any of the
following instances:
(d) To testify as a witness in his own behalf but 1. The accused appears to be suffering from
subject to cross-examination on matters covered an unsound mental condition which
by direct examination. His silence shall not in any effectively renders him unable to fully
manner prejudice him. understand the charge against him and to
plead intelligently thereto and if necessary,
(e) To be exempt from being compelled to be a his confinement for such purpose.
witness against himself. 2. There exists a prejudicial question.
3. A petition for review of the resolution of
(f) To confront and cross-examine the witnesses the prosecutor is pending at either the
against him at the trial. Either party may utilize as Department of Justice, or of the Office of
part of its evidence the testimony of a witness who the President, provided that the period of
is deceased, out of or cannot with due diligence be suspension shall not exceed 60 days
found in the Philippines, unavailable or otherwise counted from the filing of the petition with
unable to testify, given in another case or the reviewing office.
proceeding, judicial or administrative, involving
the same parties and subject matter, the adverse Two Parts of an Arraignment
party having the opportunity to cross-examine 1. Reading of the complaint/information
him. (This cannot be waived).
2. Entering of plea by the accused
(g) To have compulsory process issued to secure
the attendance of witnesses and production of The accused must enter the plea personally. The
other evidence in his behalf. accused must also be present in the reading of the
complaint.
(h) To have speedy, impartial and public trial.
Entering of Plea
(i) To appeal in all cases allowed and in the manner It may be a plea of “guilty” or “not guilty.” The
prescribed by law. accused must enter the plea personally. However
there are cases when the court will enter a plea of
The burden to prove the guilt of the accused “not guilty” for the accused. They are:
beyond reasonable doubt lies with the prosecution.
The accused does not need to prove his innocence.
 1. When the accused refuses to enter a plea. the court’s discretion. The plea of guilty that was
This is to preserve the right of the accused withdrawn is not admissible in evidence.
to question the complaint/information.
2. When the accused enters a conditional plea Bill of Particulars
of guilty, which is void under the law. The accused may, before arraignment, move for a
3. When the accused pleads guilty but bill of particulars to enable him properly to plead
presents exculpatory evidence. and prepare for trial. The motion shall specify the
4. In environmental cases, when the accused alleged defects of the complaint or information
is notified of the arraignment but and the details desired.
notwithstanding notice to the accused fails
to appear then he may be arraigned in RULE 117: MOTION TO QUASH
absentia and the court will enter a plea of
not guilty for the accused. It must be a written motion. The accused is the one
who files a motion to quash.
The accused signs an undertaking that the court
will enter a plea for him if he does not appear The following are the grounds for a motion to
during arraignment when he posts bail. quash (FJJOCMELD):
Plea Bargaining (a) That the facts charged do not constitute an
The accused pleads guilty to a lesser offense offense;
necessarily included in the crime charged. It is
valid only if it is done with the consent of the (b) That the court trying the case has no
prosecutor and the offended party. jurisdiction over the offense charged;

Exception: If the offended party is notified of the (c) That the court trying the case has no
arraignment but notwithstanding notice, the jurisdiction over the person of the accused;
offended party fails to appear in arraignment. The
accused may plead guilty to a lesser offense with (d) That the officer who filed the information had
the consent of the prosecutor only. no authority to do so;

The accused should be present during arraignment (e) That it does not conform substantially to the
for the following reasons: prescribed form;
1. For purposes of plea bargaining
2. For determination of the civil liability of (f) That more than one offense is charged except
the accused when a single punishment for various offenses is
3. Other matters regarding his presence prescribed by law;

For violations of RA 9165 (Dangerous Drugs Act), (g) That the criminal action or liability has been
plea bargaining is not allowed. extinguished;

Improvident Plea of Guilty (h) That it contains averments which, if true,

This is made under a mistaken assumption or would constitute a legal excuse or justification;
misleading information. The remedy of the and
accused is to withdraw his improvident plea of
guilty. It can be made at any time before the (i) That the accused has been previously convicted
judgment of conviction becomes final. The or acquitted of the offense charged, or the case
granting if the motion to withdraw will depend on
against him was dismissed or otherwise accused. accused, the
terminated without his express consent. prosecution or both.
It is filed based on the It is made for any
A motion to quash is filed at any time before the grounds provided by reason at all or no
accused enters a plea. It is deemed waived except law. reason at all.
for a, b, g and i if the accused failed to file a It is made before It is made at any time
motion to quash and enter a plea. entering a plea. even during trial.

If a motion to quash is denied, the accused can Usually, a motion for provisional dismissal is
enter a plea and go to trial. If it is granted, the made if the offended party could not be found. It
prosecution may (a) amend the complaint or can also be made if the whereabouts of the
information if the defect may be cured by witnesses could not be ascertained. It is also
amendment or (b) refile the case or (c) appeal possible for a provisional dismissal to set in if
from the order dismissing the case. If the ground is there is a possibility of an amicable settlement
g or i, the sole remedy is to appeal. between the accused and the complainant.

If the facts charged do not constitute an offense, If the accused did not give his express consent, he
even if you plead guilty, you cannot be held liable. may ask the court to require the prosecution to
present evidence and invoke his right to a speedy
Provisional Dismissal of a Case trial.
It is a temporary dismissal. The dismissal should
be with the express consent of the accused and If the dismissal has become permanent, the case
notice to the offended party. The criminal case may not be refiled. Otherwise, it would violate the
may be revived within a certain time. accused’s right against double jeopardy.

If the penalty does not exceed six years of RULE 118: PRE-TRIAL
imprisonment or if it is punishable by a fine of any
amount, the dismissal will become permanent if Pre-trial is mandatory in both civil and criminal
not revived within 1 year from dismissal. cases.

If the penalty exceeds six years of imprisonment, Before pre-trail, the case may be mediated
the dismissal will become permanent if it is not provided that it is mediatable. The dispute may
revived within two years from dismissal. undergo alternative dispute resolution.

The accused, the prosecution or both of them can The following forms of alternative dispute
ask for a provisional dismissal. They may ask for a resolution:
provisional dismissal at any time. It may be asked a) Mediation
for orally or through a written motion. b) Arbitration
c) Conciliation
MOTION TO MOTION FOR d) Mini-Trial
QUASH PROVISIONAL e) Early Neutral Evaluation
DISMISSAL f) Any combination of the foregoing
It is made in writing. It can be made orally
or through a written Court Annexed Mediation
motion. The purpose is to arrive at a settlement. If the
It is filed by the It is made by the mediation fails, it goes back to the court where it
came from. All conversations in the mediation are After the pre-trial conference, the court shall issue
privileged. It will then be referred to JDR. an order reciting the actions taken, the facts
stipulated, and evidence marked. Such order shall
Judicial Dispute Resolution bind the parties, limit the trial to matters not
This is done by the judge personally unlike in disposed of, and control the course of the action
CAM where a mediator facilitates the during the trial, unless modified by the court to
proceedings. If JDR also fails, the case will be re- prevent manifest injustice.
raffled to another branch.
RULE 119: TRIAL
Matters to be Considered in Pre-Trial
The following are the matters that are to be If the case goes to trial, the prosecution will
considered in pre-trial: present its evidence first (i.e. witnesses and
(a) Plea bargaining; material evidence). Once all of these are done, the
prosecution will rest its case.
(b) Stipulation of facts – the facts that have been
stipulated need not be proven anymore for they The accused may or may not present evidence. If
partake the nature of a judicial admission; there are several accused, anyone of them may ask
for a separate trial.
(c) Marking for identification of evidence of the
parties; Demurrer to Evidence
The accused may file a demurrer to evidence. It is
(d)Waiver of objections to admissibility of in the nature of a motion to dismiss based on the
evidence – the evidence must be both relevant and ground of insufficiency of evidence.
competent;
The court may dismiss the criminal action based
(e) Modification of the order of trial if the accused on insufficiency of evidence:
admits the charge but interposes a lawful defense; a) Upon its own initiative after giving the
and prosecution an opportunity to demur
b) Upon a demurrer to evidence filed by the
(f) Such other matters as will promote a fair and accused with or without leave of court
expeditious trial of the criminal and civil aspects
of the case. An accused may file a demurrer to evidence
within five days from the time the prosecution
All agreements or admissions made or entered rests its case.
during the pre-trial conference shall be reduced in
writing and signed by the accused and counsel, Opportunity to be heard – the court will issue an
otherwise, they cannot be used against the order directing the prosecution to show any cause
accused. Such document is called a pre-trial as to why the case should not be dismissed on
agreement. insufficiency of evidence.

If the counsel for the accused or the prosecutor In both criminal and civil cases, the ground of a
does not appear at the pre-trial conference and demurrer to evidence is insufficiency of evidence
does not offer an acceptable excuse for his lack of but the test of insufficiency is not the same. In a
cooperation, the court may impose proper criminal case the degree of proof should be proof
sanctions or penalties. beyond reasonable doubt whereas civil cases
require merely a preponderance of evidence.
 If it is acquittal, the judgment may be based on
If the accused filed a demurrer without leave of reasonable doubt. It may also be decided that the
court, the accused waives the right to present liability is only civil and not criminal or the
evidence and submits the case for decision based act/omission does not arise from delict. In these
on the evidence presented by the prosecution. cases, the civil liability is not extinguished.

If the demurrer is filed with leave of court and it is If the accused is convicted, he is also civilly liable.
denied, the accused does not waive his right to
present evidence. Notwithstanding denial, a If the demurrer is filed with leave of court and it is
demurrer may still be filed but it would be without denied, the accused will present evidence both in
leave of court. If it is granted, the case will be the criminal and civil aspect of the case and the
dismissed. court will render a decision.

A possible remedy if the demurrer is granted is to If the demurrer is granted but there may be
file a petition for certiorari under Rule 65. In sufficient evidence to prove the claim of the
granting the demurrer, the court may have offended party by preponderance of evidence, the
exercised grave abuse of discretion amounting to court will allow the accused to present evidence
lack or excess of jurisdiction. It may be that by on the civil aspect of the case.
granting the demurrer, the State is denied due Discharge of the Accused to be presented as a
process. State Witness
The discharge operates as an acquittal. In order to
If the court grants the demurrer, it will dismiss the be a state witness, the following requisites must
case. This dismissal amounts to an acquittal. The concur:
prosecution may no longer appeal the case. To a) There must be several accused
allow appeal would violate the right of the accused b) Before the prosecution rests its case, the
against double jeopardy. The remedy of the prosecution will file a motion to discharge
prosecution would be to file a petition for one or some of the accused
certiorari under Rule 65. In certiorari, the right of c) It must be with the consent of the accused
the accused against double jeopardy will not d) A motion must be set for hearing
attach because the judgment is void. An appeal e) Satisfaction of the requirements in the next
questions the correctness of a decision whereas paragraph
certiorari questions the validity of the judgment. f) An order must be issued discharging the
accused
Resolution of Civil Liability of the Accused after a
Demurrer to Evidence has been filed The motion to discharge must be accompanied by
If the demurrer is filed without leave of court, the a sworn statement of the accused. The evidence
court will decide on both the criminal and civil must be evaluated together with the sworn
aspects of the case except when: statement. The court must be satisfied that:
a) The offended party waived the institution
of the civil action. (a) There is absolute necessity for the testimony of
b) The offended party reserved the right to the accused whose discharge is requested;
file a separate civil action.
c) The civil action was instituted prior to the (b) The is no other direct evidence available for
criminal action. the proper prosecution of the offense committed,
except the testimony of said accused;
The judgment may be an acquittal or a conviction.
(c) The testimony of said accused can be second degree of
substantially corroborated in its material points; consanguinity/affinity.
The witness must not There is no such
(d) Said accused does not appear to be the most be a member of a law limitation.
guilty; and enforcement body or
agency.
(e) Said accused has not at any time been The witness need not The witness should be
convicted of any offense involving moral be charged elsewhere. first included as an
turpitude. accused then
discharged upon
The person who is qualified to be a state witness is motion of the
the person who is the least guilty, as long as at the prosecution.
time of the discharge, he does not appear to be the The witness enjoys The witness does not
guiltiest. benefits (e.g. housing, enjoy such benefits.
relocation,
Execution of a Sworn Statement allowances)
If the motion is denied, the sworn statement Immunity from Immunity is granted
becomes inadmissible and will be considered as prosecution is granted by the court.
hearsay. If the motion is granted, the sworn by the DOJ.
statement becomes admissible. It shall operate as
an acquittal, if there is an order of discharge
except: Statutory Immunities
a) If he refuses to testify These are granted by certain laws.
b) The testimony is not consistent with his 1. Transactional Immunity – the witness
sworn statement cannot be prosecuted for any offense
arising from or which may arise from
The accused must not be compelled to be a state transaction or occurrence to which his
witness. He must testify voluntarily and testimony relates. It is also known as total
knowingly. There must be no fraud perpetrated immunity or blanket immunity.
upon him by the prosecution.
2. Use-and-derivative-use Immunity – the
The civil liability of the state witness is not testimony of the witness testifying cannot
extinguished. However, the civil liability may not be used against him in any future
be tried anymore in the same criminal case. prosecution. The witness may still be
prosecuted. It is limited compared to
Witness Protection Discharge of the transactional immunity.
Program Under Accused Under
RA 6987 Rule 119 RULE 120: JUDGMENT
It applies only to grave It applies to all
felonies or its offenses. A judgment is a written adjudication by the court
equivalent under that the accused is guilty or not guilty of the
special laws. offense charged and the imposition on him of the
There must be a threat There is no such proper penalty and civil liability, if any.
to the life of the requirement.
witness or members of The following are the requisites of a judgment:
his family within the 1. It must be in writing
 2. It is personally and directly prepared by After 15 days, the judgment becomes final. If it
the judge has not become final, there are remedies:
3. The judgment must state the facts and the 1. Appeal
law upon which it is based 2. Motion for New Trial
4. It must be signed by the judge 3. Motion for Reconsideration
5. It must be filed with the Clerk of Court 4. Motion for Reopening of Trial

If any of the requisites are absent, the judgment is An accused who did not appear in the
void. promulgation will lose the right to use these
remedies against judgment. The accused can
Promulgation of Judgment in Criminal Cases regain the right to use these remedies if within 15
The judgment is read to the accused during the days from promulgation he surrenders to the court
incumbency of the judge who penned the or files a motion for leave to avail of the remedies.
judgment. It is possible that the judge will try the If must explain why he failed to appear at the
case and another will pen the judgment. promulgation. If the reason is justifiable, the court
will grant the motion. Otherwise, the court will
If the judgment does not contain the facts and the deny it.
law upon which it was based, the judgment is
void. This is called a sin perjuicio judgment. There must be a liberal interpretation in favor of
the accused. He shall be allowed to avail himself
If the court cites the wrong law, the judgment is of the said remedies within 15 days from notice.
valid but wrong. If the judgment is correct but
does not state the law upon which it is based, it is RULE 121: NEW TRIAL OR
correct but void. RECONSIDERATION

If the judgment is valid but wrong, the remedy is At any time before judgment of conviction
to appeal. If the judgment is void but correct, the becomes final, the court may, upon motion of the
remedy is certiorari. accused or at its own instance, but with the
consent of the accused, grant a new trial or
There must be a valid judgment for double reconsideration.
jeopardy to attach.
The following are the grounds for new trial:
When the judge is absent or outside the province 1. Errors of law or irregularities prejudicial to
or city, the judgment may be promulgated by the the substantial rights of the accused have
clerk of court. A judgment may be promulgated been committed during the trial.
even in the absence of the accused provided that 2. Newly discovered evidence
there must be notice and notwithstanding notice, a) Evidence could not have been
he fails to appear without justifiable cause. discovered during trial even with due
diligence
If the judgment is promulgated in the absence of b) It must be discovered after trial
the accused, it must be recorded in the criminal c) If presented or admitted, the evidence
docket and a copy of the judgment should be will probably alter the result of the trial
furnished to him thru counsel or to his last known
address. As for reconsideration, the court shall grant it on
the ground of errors of law or fact in the judgment,
Remedies against Judgment which requires no further proceedings.
 appeal is still pending on September 23, the
Rule 119, Sec 24 Rule 121, Sec 1 judgment does not become final because the
Reopening New Trial/ judgment is stayed.
Reconsideration
To avoid miscarriage 2 grounds Suppose there are two accused and were found
of justice guilty, one of them appeals and the other does not.
The judgment becomes final as to the accused who
If a motion for new trial is granted: did not appeal but judgment is stayed as to the
a) The order granting new trial vacates accused who appealed from the judgment. The
judgment. judgment of the court in an appeal will only affect
b) The case will stand for trial de novo. the accused who did not appeal, if the judgment is
c) The evidence adduced at the former trial applicable and favorable.
not affected by the irregularities will be
used for the new trial without need for MODES OF APPEAL IN CRIMINAL CASES
retaking them. Those affected with
irregularity will be set aside. Newly The court will dismiss the appeal if the mode of
discovered evidence will be automatically appeal is wrong or filed in the wrong court. The
reproduced. judgment then becomes final.

RULE 122: APPEAL I. Ordinary Appeal

It is done by notice of appeal. It is filed in the
An appeal must be taken within fifteen (15) days court that rendered the judgment subject of the
from promulgation of the judgment or from notice appeal. A motion for extension cannot be filed.
of the final order appealed from. This period for The appellate court will send a notice to the
perfecting an appeal shall be suspended from the accused to submit appellants brief within 30 days.
time a motion for new trial or reconsideration is II. Petition for Review
filed until notice of the order overruling the III. Petition for Review on Certiorari
motion shall have been served upon the accused or
his counsel at which time the balance of the period Illustrations
begins to run.
Supreme Court
The following may file an appeal: Rule 45 (PRC)
1. The State provided the appeal will not Court of Appeals
place the accused in double jeopardy. Rule 42 (PR)
2. The accused from judgment of conviction. RTC
3. The offended party with respect to the civil
aspect of the case. MTC Notice of Appeal
A non-party cannot appeal the case.
Here the RTC is an appellate court. If the MTC
Effect of Appeal on the Judgment renders a judgment of conviction, appeal is to the
The appeal stays the judgment. RTC by filing a notice of appeal in the MTC. If
the RTC affirms the judgment of the MTC, appeal
Suppose the promulgation happened on July 1. to the Court of Appeals by filing a petition for
The appellant has a period of 15 days to appeal. review. If the judgment of the RTC is affirmed,
This means that the appellant has until July 16 to file a petition for review on certiorari to appeal
appeal. If the accused appealed on July 15, and the from the Court of Appeals.
 Sandiganbayan
Supreme Court Rule 42 (PR)
Rule 45 (PRC) RTC
Court of Appeals
MTC Notice of Appeal
RTC Notice of Appeal
Here the RTC is an appellate court. If the MTC
Here the RTC is an original court. If the RTC renders a judgment of conviction, appeal is to the
renders a judgment of conviction less than death, RTC by filing a notice of appeal in the MTC. If
reclusion perpetua or life imprisonment, appeal is the RTC affirms the judgment of the MTC, appeal
to the Court of Appeals by filing a notice of appeal to the Sandiganbayan by filing a petition for
in the RTC. If the Court of Appeals affirms the review. If the judgment of the RTC is affirmed,
judgment of the RTC, appeal to the Supreme file a petition for review on certiorari to appeal
Court by filing a petition for review on certiorari. from the Sandiganbayan.

Supreme Court Supreme Court

Notice of Appeal Rule 45 (PRC)
Court of Appeals Sandiganbayan

RTC Notice of Appeal RTC Notice of Appeal

If the RTC renders a judgment of conviction of Here the RTC is an original court. If the RTC
reclusion perpetua or life imprisonment, appeal is renders a judgment of conviction less than death,
to the Court of Appeals by filing a notice of appeal reclusion perpetua or life imprisonment, appeal is
in the RTC. If the Court of Appeals affirms the to the Sandiganbayan by filing a notice of appeal
judgment of the RTC, appeal to the Supreme in the RTC. If the Sandiganbayan affirms the
Court by filing a notice of appeal in the Court of judgment of the RTC, appeal to the Supreme
Appeals. Court by filing a petition for review on certiorari.

Supreme Court Supreme Court

Notice of Appeal
Court of Appeals Sandiganbayan

RTC Here the Sandiganbayan is an original court. If the

Sandiganbayan renders a judgment of conviction
If the RTC imposes the penalty of death, the case of reclusion perpetua or life imprisonment, appeal
goes to the Court of Appeals on automatic review. is to the Supreme Court by filing a notice of
The accused does not need to do anything. If the appeal in the Sandiganbayan.
Court of Appeals affirms the judgment, it shall
render judgment but refrain from entering the Supreme Court
judgment, it shall elevate the record of the case to
the Supreme Court for review. Sandiganbayan

Modes of Appeal in the Sandiganbayan If the Sandiganbayan imposes the penalty of

death, the case goes to the Supreme Court on
Supreme Court automatic review.
Rule 45 (PRC)
 Supreme Court a) When there is a deprivation of
constitutional rights
Sandiganbayan b) When the court has no jurisdiction to
impose the sentence
RTC Notice of Appeal c) When the penalty is too excessive
d) The result of the post-judgment DNA
If the RTC renders a judgment of conviction of examination shows the accused did not
reclusion perpetua or life imprisonment, appeal is commit the crime
to the Sandiganbayan by filing a notice of appeal
in the RTC. If the Sandiganbayan affirms the The following are the requisites of a post-
judgment of the RTC, it shall render judgment but judgment DNA examination:
refrain from entering judgment and elevate the a) Existence of DNA samples
record of the case to the Supreme Court for b) Relevancy of the DNA sample
review. c) The result is likely to cause a reversal or
modification of the judgment of conviction
Supreme Court
A DNA examination may be conducted even
Sandiganbayan without a court order. The accused or the
prosecution may request for the DNA
RTC examination.
If the RTC imposes the penalty of death, the case RULE 126: SEARCH AND SEIZURE
goes to the Sandiganbayan on automatic review.
The accused does not need to do anything. If the A search warrant is an order in writing issued in
Sandiganbayan affirms the judgment, it shall the name of the People of the Philippines, signed
render judgment but refrain from entering the by a judge and directed to a peace officer,
judgment, it shall elevate the record of the case to commanding him to search for personal property
the Supreme Court for review. described therein and bring it before the court.

If there is already a judgment of acquittal, there is An application for search warrant shall be filed
no need for appeal anymore. with the following:

In filing a notice of appeal, the record of the case a) Any court within whose territorial
will be transmitted by the Clerk of Court to the jurisdiction a crime was committed.
Court of Appeals, then it will give notice to the
appellant to file his brief within 30 days. The b) For compelling reasons stated in the
appellant’s brief contains: a) a statement of the application, any court within the judicial region
case, b) statement of facts, c) the issues involved, where the crime was committed if the place of the
d) an assignment of errors and e) the arguments of commission of the crime is known, or any court
the appellant. within the judicial region where the warrant shall
be enforced.
The fresh 15 day rule also applies to criminal
cases. However, if the criminal action has already been
filed, the application shall only be made in the
A Petition for Habeas Corpus is available in the court where the criminal action is pending.
following cases:
A search warrant’s validity shall last for ten days The officer, if refused admittance to the place of
after which the warrant becomes void and directed search after giving notice of his purpose
ineffective. You can continue to search on the next and authority, may break open any outer or inner
day provided that the next day is still within the door or window of a house or any part of a house
ten day period if interrupted by forces beyond or anything therein to execute the warrant or
your control (e.g. earthquake). liberate himself or any person lawfully aiding him
when unlawfully detained therein.
It can be issued for only one offense. Otherwise, it
is void. Such a warrant is called a scattershot No search of a house, room, or any other premise
warrant. shall be made except in the presence of the lawful
occupant thereof or any member of his family or
The validity of a search warrant can be challenged in the absence of the latter, two witnesses of
using the following methods: sufficient age and discretion residing in the same
a) Motion to quash the search warrant locality.
b) Motion to suppress the illegally obtained
evidence The warrant must direct that it be served in the day
If the motion to quash is denied, the party time, unless the affidavit asserts that the property
challenging the validity of the warrant may no is on the person or in the place ordered to be
longer use the second option. searched, in which case a direction may be
inserted that it be served at any time of the day or
A motion to quash a search warrant and/or to night.
suppress evidence obtained thereby may be filed
in and acted upon only by the court where the The officer seizing property under the warrant
action has been instituted. If no criminal action must give a detailed receipt for the same to the
has been instituted, the motion may be filed in and lawful occupant of the premises in whose presence
resolved by the court that issued the search the search and seizure were made, or in the
warrant. However, if such court failed to resolve absence of such occupant, must, in the presence of
the motion and a criminal case is subsequent filed at least two witnesses of sufficient age and
in another court, the motion shall be resolved by discretion residing in the same locality, leave a
the latter court receipt in the place in which he found the seized
property.
A person lawfully arrested may be searched for
dangerous weapons or anything which may have A person lawfully arrested may be searched for
been used or constitute proof in the commission of dangerous weapons or anything which may have
an offense without a search warrant. been used or constitute proof in the commission of
an offense without a search warrant.