RULE 111 – PROSECUTION OF CIVIL ACTION institute it separately or institutes the civil action prior to

the criminal action.

Section 1. Institution of criminal and civil actions. — (a)
When a criminal action is instituted, the civil action for WHAT ARE THE JURIDIAL BASIS OF THE
the recovery of civil liability arising from the offense PRINCIPLE OF IMPLIED INSTITUTION OF THE
charged shall be deemed instituted with the criminal CIVIL ACTION WITH THE CRIMINAL ACTION?
action unless the offended party waives the civil action, - Article 100 of the RPC
reserves the right to institute it separately or institutes the
civil action prior to the criminal action. - Article 2176 of the New Civil Code
The reservation of the right to institute separately the - Article 1157 of the New Civil Code
civil action shall be made before the prosecution starts
presenting its evidence and under circumstances WHAT ARE THE EXCEPTION?
affording the offended party a reasonable opportunity to The civil action is not deemed instituted in the following
make such reservation. cases:
When the offended party seeks to enforce civil liability - When the offended party has waived the civil
against the accused by way of moral, nominal, action
temperate, or exemplary damages without specifying the
amount thereof in the complaint or information, the - When the offended party has reserved the right
filing fees thereof shall constitute a first lien on the to institute it separately
judgment awarding such damages. - When the offended party has instituted the civil
Where the amount of damages, other than actual, is action prior to the institution of the criminal
specified in the complaint or information, the action
corresponding filing fees shall be paid by the offended WHAT IS THE RULE ON PAYMENT OF FILING
party upon the filing thereof in court. FEES ON CIVIL LIABILITY?
Except as otherwise provided in these Rules, no filing If the offended party seeks to enforce civil liability
fees shall be required for actual damages. against the accused by way of moral, nominal,
No counterclaim, cross-claim or third-party complaint temperate, or exemplary damages, the following are the
may be filed by the accused in the criminal case, but any basis for filing fees:
cause of action which could have been the subject - If amount other than actual damages is stated, it
thereof may be litigated in a separate civil action. (1a) will be based on the stated amount
(b) The criminal action for violation of Batas Pambansa - If no amount is stated, no filing fees will be
Blg. 22 shall be deemed to include the corresponding
paid yet but the filing fees to be paid will
civil action. No reservation to file such civil action
constitute a lien on the damages that will be
separately shall be allowed.
awarded
Upon filing of the aforesaid joint criminal and civil
Section 2. When separate civil action is
actions, the offended party shall pay in full the filing fees
suspended. — After the criminal action has been
based on the amount of the check involved, which shall
commenced, the separate civil action arising therefrom
be considered as the actual damages claimed. Where the
cannot be instituted until final judgment has been
complaint or information also seeks to recover
entered in the criminal action.
liquidated, moral, nominal, temperate or exemplary
damages, the offended party shall pay additional filing If the criminal action is filed after the said civil action
fees based on the amounts alleged therein. If the has already been instituted, the latter shall be suspended
amounts are not so alleged but any of these damages are in whatever stage it may be found before judgment on
subsequently awarded by the court, the filing fees based the merits. The suspension shall last until final judgment
on the amount awarded shall constitute a first lien on the is rendered in the criminal action. Nevertheless, before
judgment. judgment on the merits is rendered in the civil action, the
same may, upon motion of the offended party, be
Where the civil action has been filed separately and trial
consolidated with the criminal action in the court trying
thereof has not yet commenced, it may be consolidated
the criminal action. In case of consolidation, the
with the criminal action upon application with the court
evidence already adduced in the civil action shall be
trying the latter case. If the application is granted, the
deemed automatically reproduced in the criminal action
trial of both actions shall proceed in accordance with
without prejudice to the right of the prosecution to cross-
section 2 of this Rule governing consolidation of the
examine the witnesses presented by the offended party in
civil and criminal actions. (cir. 57-97)
the criminal case and of the parties to present additional
GENERAL RULE: When a criminal action is evidence. The consolidated criminal and civil actions
instituted, the civil action for the recovery of civil shall be tried and decided jointly.
liability arising from the offense shall be deemed
instituted with the criminal action unless the offended
party waives the civil action, reserves the right to
During the pendency of the criminal action, the running • Evidence presented and admitted in the civil
of the period of prescription of the civil action which action shall be deemed automatically
cannot be instituted separately or whose proceeding has reproduced in the criminal action without
been suspended shall be tolled. (n) prejudice to the right of the prosecution to
cross-examine the witness presented and of the
The extinction of the penal action does not carry with it parties to present additional evidence
extinction of the civil action. However, the civil action
based on delict shall be deemed extinguished if there is a • Consolidated criminal and civil action shall be
finding in a final judgment in the criminal action that the tried and decided jointly
act or omission from which the civil liability may arise EFFECT OF EXTINCTION OF PENAL ACTION
did not exist. (2a)
• The same acts which constitute a crime also
SUSPENSION OF CIVIL ACTION gives the right of action for damages, the
• Civil action for damages arising from a felony acquittal in the criminal offense is no bar to the
may be brought before the criminal action for prosecution of the civil action
said felony • The civil action based on delict shall be deemed
• Civil action shall be suspended in whatever extinguished if there is a finding in a final
stage it may be found pending final judgment in judgment in the criminal action that the act or
the criminal action if one is instituted omission from which the civil liability may
arise did not exist
PRIMACY OF CRIMINAL ACTION
Exceptions:
General Rule:
1. The acquittal is based on reasonable doubt
“Where both a civil and criminal case arising from the
same facts are filed in different courts, the criminal case 2. Where the court expressly declare that the
takes precedence and the civil is suspended in whatever liability of the accused is not criminal by only
stage it may be found” civil in nature; and

Exceptions: 3. Where the civil liability is not derived from or

based on the criminal act of which the accused
1. Independent civil actions based upon Articles is acquitted
32, 33, 34 and 2176 of the New Civil Code.
2. Civil action presents a prejudicial question
Section 3. When civil action may proceeded
3. Civil action is consolidated with the criminal independently. — In the cases provided for in Articles
action 32, 33, 34 and 2176 of the Civil Code of the Philippines,
4. Civil action is not one intended to enforce the the independent civil action may be brought by the
civil liability arising from the offense offended party. It shall proceed independently of the
criminal action and shall require only a preponderance of
CONSOLIDATION OF CRIMINAL AND CIVIL evidence. In no case, however, may the offended party
CASES recover damages twice for the same act or omission
• Before judgment is rendered in the civil action, charged in the criminal action. (3a)
the same may, upon motion of the offended
“in the cases provided in Article 32, 33, 34, and 2176
party, be consolidated with the criminal action
of the Civil Code of the Philippines, the independent
• Consolidation of cases must be effected in the civil action may be brought by the offended party.”
criminal court, irrespective of the:
Article 32. Any public officer or employee, or any
1. Nature of the offense private individual, who directly or indirectly obstructs,
defeats, violates or in any manner impedes or impairs
2. Amount of civil claim any of the following rights and liberties of another
3. Rank of the court trying the case person shall be liable to the latter for damages:
CONSOLIDATION NOT MANDATORY (1) Freedom of religion;
• Grant of the application for consolidation a (2) Freedom of speech;
ministerial duty on the part of the criminal (3) Freedom to write for the press or to maintain a
court periodical publication;
• It is within the power of the trial court to deny (4) Freedom from arbitrary or illegal detention;
the application if fusion of cases would
unnecessarily delay the disposition of criminal (5) Freedom of suffrage;
case (6) The right against deprivation of property without due
REPRODUCTION OF EVIDENCE process of law;
(7) The right to a just compensation when private of any criminal proceedings, and a preponderance of
property is taken for public use; evidence shall suffice to support such action.
(8) The right to the equal protection of the laws; Article 2176. Whoever by act or omission causes
damage to another, there being fault or negligence, is
(9) The right to be secure in one's person, house, papers,
obliged to pay for the damage done. Such fault or
and effects against unreasonable searches and seizures;
negligence, if there is no pre-existing contractual relation
(10) The liberty of abode and of changing the same; between the parties, is called a quasi-delict and is
governed by the provisions of this Chapter. (1902a)
(11) The privacy of communication and correspondence;
“It shall proceed independently of the criminal action
(12) The right to become a member of associations or
and shall require only a preponderance of evidence”
societies for purposes not contrary to law;
Concept: Civil action is “Entirely separate and Distinct”
(13) The right to take part in a peaceable assembly to
from the Criminal Action
petition the Government for redress of grievances;
- An independent civil case is an obligation not
(14) The right to be a free from involuntary servitude in arising from the criminal offense charge.
any form; - The court allows a civil case related to a
criminal offense to be filed separately even
(15) The right of the accused against excessive bail;
during the pendency of the criminal action.
(16) The right of the accused to be heard by himself and - The result of the criminal case, whether
counsel, to be informed of the nature and cause of the acquittal or conviction, would be entirely
accusation against him, to have a speedy and public trial, irrelevant to the civil action.
to meet the witnesses face to face, and to have - Criminal case is prosecuted alone by the
compulsory process to secure the attendance of witness prosecuting officer, without intervention from a
in his behalf; private counsel representing the interest of the
(17) Freedom from being compelled to be a witness offended party.
against one's self, or from being forced to confess guilt, - Shall require a preponderance of evidence
or from being induced by a promise of immunity or - Reservation is not necessary.
reward to make such confession, except when the person “In no case, however, may the offended party recover
confessing becomes a State witness; damages twice for the same act or omission charged
(18) Freedom from excessive fines, or cruel and unusual in the criminal action”
punishment, unless the same is imposed or inflicted in
accordance with a statute which has not been judicially
declared unconstitutional; and Section 4. Effect of death on civil actions. — The death
of the accused after arraignment and during the
(19) Freedom of access to the courts. pendency of the criminal action shall extinguish the civil
In any of the cases referred to in this article, whether or liability arising from the delict. However, the
not the defendant's act or omission constitutes a criminal independent civil action instituted under section 3 of this
offense, the aggrieved party has a right to commence an Rule or which thereafter is instituted to enforce liability
entirely separate and distinct civil action for damages, arising from other sources of obligation may be
and for other relief. Such civil action shall proceed continued against the estate or legal representative of the
independently of any criminal prosecution (if the latter accused after proper substitution or against said estate, as
be instituted), and may be proved by a preponderance of the case may be. The heirs of the accused may be
evidence. substituted for the deceased without requiring the
appointment of an executor or administrator and the
The indemnity shall include moral damages. Exemplary court may appoint a guardian ad litem for the minor
damages may also be adjudicated. heirs.
The responsibility herein set forth is not demandable The court shall forthwith order said legal representative
from a judge unless his act or omission constitutes a or representatives to appear and be substituted within a
violation of the Penal Code or other penal statute. period of thirty (30) days from notice.
Article 33. In cases of defamation, fraud, and physical A final judgment entered in favor of the offended party
injuries a civil action for damages, entirely separate and shall be enforced in the manner especially provided in
distinct from the criminal action, may be brought by the these rules for prosecuting claims against the estate of
injured party. Such civil action shall proceed the deceased.
independently of the criminal prosecution, and shall
require only a preponderance of evidence. If the accused dies before arraignment, the case shall be
dismissed without prejudice to any civil action the
Article 34. When a member of a city or municipal police offended party may file against the estate of the
force refuses or fails to render aid or protection to any deceased. (n)
person in case of danger to life or property, such peace
The court shall forthwith order said legal representative
officer shall be primarily liable for damages, and the city
or representatives to appear and be substituted within a
or municipality shall be subsidiarily responsible therefor.
period of thirty (30) days from notice.
The civil action herein recognized shall be independent
A final judgment entered in favor of the offended party May the court order the dismissal of a criminal
shall be enforced in the manner especially provided in action where there is a prejudicial question to be
these rules for prosecuting claims against the estate of resolved?
the deceased.
If the accused dies before arraignment, the case shall be  No, the court can only suspend the criminal
dismissed without prejudice to any civil action the action upon petition but it has no authority to
offended party may file against the estate of the order dismissal
deceased.
Death of the accused after arraignment
Suspension of criminal action pending determination
• General Rule: of prejudicial question
• Death of the accused after arraignment  The issue involved in the civil action pleaded in
and during the pendency of the the suspension of the penal case must be
criminal action. determinative of the guilt or innocence of the
Exemption: accused.
 Filing of petition before the suspension of
• Sec.3 of Rule 111 criminal action is required
• Instituted to enforce civil liability  When there is a prejudicial question, the action
arising from other sources of to be suspended is the criminal action not the
obligation civil action.
Death of the accused before arraignment  Exception to General Rule – Civil action shall
be suspended when the criminal action is
• General rule: instituted
• If the accused dies before arraignment,
the case shall be dismissed.
Where to file the petition for suspension?
• The offended party may file a civil action
against the estate of the deceased.  The filing of the petition for suspension does
not require that the criminal case be already
Section 5. Judgment in civil action not a bar. — A final filed in court.
judgment rendered in a civil action absolving the
 It is sufficient that the case be in the
defendant from civil liability is not a bar to a criminal preliminary investigation stage
action against the defendant for the same act or omission
subject of the civil action. (4a)  Petition may be filed with the office of the
prosecutor conducting the preliminary
investigation.
Case: Gorospe vs Nolasco GR L-14745
 Petition shall be filed in the same criminal
Effect of acquittal to the accused on his action at any time before the prosecution rests.
administrative case: The acquittal of an accused who is
also a respondent in an administrative case does not
conclude the administrative proceedings, nor carry with Section 7. Elements of prejudicial question. - The
elements of a prejudicial question are: (a) the previously
it relief from administrative liability.
instituted civil action involves an issue similar or
intimately related to the issue raised in the subsequent
Section 6. Suspension by reason of prejudicial question. criminal action, and (b) the resolution of such issue
— A petition for suspension of the criminal action based determines whether or not the criminal action may
upon the pendency of a prejudicial question in a civil proceed. (5a)
action may be filed in the office of the prosecutor or the
court conducting the preliminary investigation. When the
criminal action has been filed in court for trial, the Definition:
petition to suspend shall be filed in the same criminal -is one which arises in a case, the resolution of
action at any time before the prosecution rests. (6a) which is a logical antecedent of the issue involved
therein and the cognizance of which pertains to another
What is a Prejudicial Question? tribunal (Encyclopedia Juridica Espanola)
 One which arises in a case, the Rationale:
resolution of which is a logical antecedent of -to avoid two conflicting decisions
the issue involved therein and the cognizance of
which pertains to another tribunal. Nature:
 -the doctrine of prejudicial question comes into jointly and severally liable with Dr. Solidum for the
play generally in a situation where a civil action and a damages despite the obvious fact that Ospital ng
criminal action both pend and there exists in the former Maynila, being an artificial entity, had not been charged
an issue which must be preemptiveley resolved before along with Dr. Solidum. The lower courts thereby acted
the criminal action may proceed, because howsoever the capriciously and whimsically, which rendered their
issue raised in the civil action is resolved would be judgment against Ospital ng Maynila void as the product
determinative juris et de jure of the guilt or innocence of of grave abuse of discretion amounting to lack of
the accused in the criminal case. jurisdiction.

Rule 111 – sec. 1 Rule 111 – sec. 1

Topic: Prosecution of Civil Action Topic: Prosecution of Civil Action
Calusa, Catherine L. Calusa, Catherine L.

G.R. No. 192123. March 10, 2014 G.R. No. 191240. July 30, 2014.
DR. FERNANDO P. SOLIDUM, petitioner, vs. CRISTINA B. CASTILLO, petitioner vs. PHILLIP R.
PEOPLE OF THE PHILIPPINES, respondent. SALVADOR, respondent.

Facts: Facts:
Gerald Albert Gercayo (Gerald) was born on Petitioner Cristina B. Castillo testified that she
June 2, 1992with an imperforate anus.On May 17, 1995, is engaged in real estate business, educational institution,
Gerald, then three years old, was admitted at the boutique, and trading business. She met respondent
OspitalngMaynila for a pull-through operation.One of through a common friend in December 2000 and became
the doctor was Dr. Fernando P. Solidum, the petitioner, close since then. As petitioner had deeply fallen in love
who acted as one of the anesthesiologists. During the with respondent and since she trusted him very much,
operation, Gerald experienced bradycardia, and went she agreed to embark on the remittance business.She
into a coma.His coma lasted for two weeks,but he agreed with respondent and Ramon that any profit
regained consciousness only after a month.He could no derived from the business would be equally divided
longer see, hear or move. Ma. Luz Gercayo, the mother among them and that respondent would be in charge of
of the patient, filed a complaint against the attending promotion and marketing in Hong Kong, while Ramon
physicians. would take charge of the operations of business in the
Philippines and she would be financing the business.
Issue: However, the said business was never operated. RTC
Whether or not Dr. Fernando P. Solidum can be ruled in favor of the petitioner. However, the decision
held civilly liable. was reversed by the CA acquitting the respondent from
the criminal liability.
Held:
Dr. Solidum was criminally charged for “failing Issue:
to monitor and regulate properly the levels of anesthesia Whether or not Phillip Salvador can be held
administered to said Gerald Albert Gercayo and using civilly liable
100% halothane and other anesthetic
medications.”However, the foregoing circumstances, Held:
taken together, did not prove beyond reasonable doubt The evidence for the prosecution being
that Dr. Solidum had been recklessly imprudent in insufficient to prove beyond reasonable doubt that the
administering the anesthetic agent to Gerald. We cannot crime as charged had been committed by appellant, the
now find and declare him civilly liable because the general presumption, that a person is innocent of the
circumstances that have been established here do not crime or wrong, stands in his favor. The prosecution
present the factual and legal bases for validly doing so. failed to prove that all the elements of estafa are present
His acquittal did not derive only from reasonable doubt. in this case as would overcome the presumption of
There was really no firm and competent showing how innocence in favor of appellant. For in fact, the
the injury to Gerard had been caused. That meant that prosecution’s primary witness herself could not even
the manner of administration of the anesthesia by Dr. establish clearly and precisely how appellant committed
Solidum was not necessarily the cause of the hypoxia the alleged fraud. She failed to convince us that she was
that caused the bradycardia experienced by Gerard. deceived through misrepresentations and/or insidious
Consequently, to adjudge Dr. Solidum civilly liable actions, in venturing into a remittance business. Quite
would be to speculate on the cause of the hypoxia. We the contrary, the obtaining circumstance in this case
are not allowed to do so, for civil liability must not rest indicate the weakness of her submissions.
on speculation but on competent evidence. Thus, since the acquittal is based on reasonable
doubt, respondent is not exempt from civil liability
which may be proved by preponderance of evidence
In criminal prosecutions, the civil action for the
only. The basis of civil liability arising from crime is the
recovery of civil liability that is deemed instituted with
fundamental postulate of our law that every person
the criminal action refers only to that arising from the
criminally liable is also civilly liable. (Lee PueLiong vs.
offense charged. It is puzzling, therefore, how the RTC
Chua Pue Chin Lee,703 SCRA 240 [2013])
and the CA could have adjudged Ospital ng Maynila
 The civil aspect of every criminal case is based on declares that “the act or omission from which the civil
the principle that every person criminally liable is also liability may arise did not exist.”
civilly liable; The civil action based on the delict is
extinguished if there is a finding in the final judgment in Topic: Prosecution of Civil Action
the criminal action that the act or omission from which Candia, Mercidelen A
the civil liability may arise did not exist or where the G.R. No. 145391 August 26, 2002
accused did not commit the acts or omission imputed to
him. (Nissan Gallery-Ortigas vs. Felipe,709 SCRA214 CASUPANAN VS LAROYA
[2013]
FACTS: Two Cases were filed before the
MCTC of Capas Tarlac as a result of a vehicular
Rule 111 – sec. 2 accident involving two vehicles, one driven by Mario
Topic: Suspension of Civil Action Llavore Laroya and the other owned by Roberto
Calusa, Catherine L. Capitulo and driven by Avelino Casupanan. Laroya filed
a criminal case against Casupanan for Reckless
G.R. No. 175256. August 23, 2012. Imprudence Resulting in Damage to Property. While on
LILY LIM, petitioner, vs. KOU COPING a.k.a. the other hand, Casupanan and Capitulo filed a civil case
CHARLIE CO, respondent. against Laroya for quasi-delict. The criminal case was on
its preliminary investigation stage when the civil case
Facts: was filed. Upon motion of Laroya on the ground of
FR Cement Corporation (FRCC), forum-shopping, the MCTC dismissed the civil case.
owner/operator of a cement manufacturing plant, issued Casupanan and Capitulo filed Motion for
several withdrawal authorities for the account of cement Reconsideration insisting that the civil case is a separate
dealers and traders, Fil-Cement Center and Tigerbilt. Fil- civil action which can proceed independently of the
Cement Center and Tigerbilt, through their criminal case. MCTC Denied the Motion. Casupanan
administrative manager, Gail Borja (Borja), sold the and Capitulo filed a petition for certiorari before the
withdrawal authorities covering 50,000 bags of cement Regional Trial Court (RTC) of Capas, Tarlac and the
to Co for the amount of P3.15 million or P63.00 per bag. RTC ruled that the order of dismissal issued by the
On February 15, 1999, Cosold these withdrawal MCTC is a final order which disposes of the case and
authorities to Lim allegedly at the price of P64.00 per therefore, the proper remedy should have been an
bag or a total of P3.2 million. Sometime in April 1999, appeal.
FRCC did not allow Lim to withdraw the remaining
37,200 bags covered by the withdrawal authorities. Lim ISSUE: Whether or not an accused in a pending
objected and maintained that the withdrawal authorities criminal case for reckless imprudence can validly file,
she bought were not subject to price fluctuations. Lim simultaneously and independently, a separate civil action
sought legal recourse after her demands for Co to resolve for quasi-delict against the private complainant in the
the problem with the plant or for the return of her money criminal case
had failed. Because of this, Lim filed an information of
estafa against Co. The criminal case was dismissed as HELD: YES. Under Section 1 of the present Rule 111,
well as the civil case. Lim appealed the dismissal of the the independent civil action in Articles 32, 33, 34 and
civil liability to the CA. While the appeal is pending, she 2176 of the Civil Code is not deemed instituted with the
filed a specific performance and damages before RTC of criminal action but may be filed separately by the
Manila. offended party even without reservation. The
commencement of the criminal action does not suspend
Issue: the prosecution of the independent civil action under
Whether or not the lower court is right in these articles of the Civil Code. The suspension in
dismissing the civil liability Section 2 of the present Rule 111 refers only to the civil
action arising from the crime, if such civil action is
Held: reserved or filed before the commencement of the
If the action for the civil liability ex delicto is criminal action. Laroya filed the criminal case for
instituted prior to or subsequent to the filing of the reckless imprudence resulting in damage to property
criminal action, its proceedings are suspended until the based on the Revised Penal Code while Casupanan and
final outcome of the criminal action.―The civil liability Capitulo filed the civil action for damages based on
arising from the offense or ex delicto is based on the acts Article 2176 of the Civil Code. These two actions arose
or omissions that constitute the criminal offense; hence, from the same act or omission but have different causes
its trial is inherently intertwined with the criminal action. of action. The first a criminal case where the civil action
For this reason, the civil liability ex delicto is impliedly to recover civil liability ex-delicto is deemed instituted,
instituted with the criminal offense. If the action for the and the other a civil case for quasi-delict—without
civil liability ex delicto is instituted prior to or violating the rule on non-forum shopping. The two cases
subsequent to the filing of the criminal action, its can proceed simultaneously and independently of each
proceedings are suspended until the final outcome of the other and the civil action requires only preponderance of
criminal action. The civil liability based on delict is evidence. What is prohibited is for a party to recover
extinguished when the court hearing the criminal action damages twice for the same act or omission charged in
the criminal action as clearly stated in Section 3 Rule liability for the death, injuries and damages arising from
111. the collision is another matter.

The accused in the criminal case can file a civil While petitioner was absolved from criminal liability
action for quasi-delict for the same act or omission he is because his negligence was not proven beyond
accused of in the said criminal case. This is expressly reasonable doubt, he can still be held civilly liable if his
allowed in paragraph 6, Section 1 of the present Rule negligence was established by preponderance of
111 which states that the counterclaim of the accused evidence. In other words, the failure of the evidence to
"may be litigated in a separate civil action." This is only prove negligence with moral certainty does not negate
fair for two reasons. First, the accused is prohibited from (and is in fact compatible with) a ruling that there was
setting up any counterclaim in the civil aspect that is preponderant evidence of such negligence. And that is
deemed instituted in the criminal case. The accused is sufficient to hold him civilly liable.
therefore forced to litigate separately his counterclaim
against the offended party. If the accused does not file a
separate civil action for quasi-delict, the prescriptive Topic: Prosecution of Civil Action
period may set in since the period continues to run until Candia, Mercidelen A.
the civil action for quasi-delict is filed.Thus, the civil
action based on quasi-delict filed separately by G.R. No. 148072, July 10, 2007
Casupanan and Capitulo is proper. The order of FRANCISCO MAGESTRADO VS. PEOPLE OF
dismissal by the MCTC of the Civil Case on the ground THE PHILIPPINES
of forum-shopping is erroneous.
FACTS: An information for perjury was filed against
Topic: Prosecution of Civil Action the petitioner Francisco Magestrado with MeTC of
Candia, Mercidelen A. Quezon City for allegedly executing an Affidavit of Loss
before Notary Public falsely alleging that he lost
G.R. No. 171644: November 23, 2011 Owner’s Duplicate of TCT No. N-173163, which
SONNY ROMERO VS. PEOPLE OF THE document was used in support of petition for issuance of
PHILIPPINES New Owner’s Duplictae Copy of Certificate of Title and
filed with the Regional Trial Court of Quezon City, to
FACTS: On April 1, 1992, at around noon, the JC Liner which Magestrado signed and swore its verification. The
driven by petitioner and the Apego taxi driven by Jimmy property subject of Transfer Certificate of Title No. N-
Padua collided along Governor Jose Fuentebella 173163 was mortgaged to complainant Libroja as
Highway at Barangay Hibago, Ocampo, Camarines Sur. collateral for loan amounting to P758, 134.42 and as a
Consequentially, petitioner was charged with reckless consequence of which, said title to the property was
imprudence resulting in multiple homicide and multiple surrender by him to Libroja.
serious physical injuries with damage to property in the Magestrado filed a motion for suspension of proceedings
MTC of Ocampo, Camarines Sur. After trial on the based on prejudicial question. Petitioner alleged that a
merits, the MTC acquitted petitioner of the crime case for recovery of a sum of money pending before the
charged. Petitioner was, however, held civilly liable and RTC of Quezon City, Branch 84 and a case for
was ordered to pay the heirs of the victims the total cancellation of Mortgage, Delivery of Title and
amount of P3,541,900 by way of actual damages, civil Damages pending before RTC of Quezon City, Branch
indemnity for death, moral damages, temperate damages 77, must be resolved first since the said civil cases are
and loss of earning capacity. The RTC affirmed the similarly or intimately related to the issues raised in
decision in toto. Upon appealing to the CA, the criminal action.
petitioner contends that his acquittal should have freed MeTC denied the motion for suspension and a motion
him from the payment of civil liability. The CA for reconsideration was filed but was also denied.
disagreed, claiming that the acquittal of an accused of
the crime charged will not necessarily extinguish his ISSUE: Whether or not a prejudicial question exists to
civil liability, unless the court declares in a final warrant the suspension of criminal action to await the
judgment that the fact from which the civil liability outcome of the civil cases.
might arise did not exist.
HELD: The Supreme Court ruled negatively. For a civil
ISSUE: Whether or not herein petitioner should be held action to be considered prejudicial to a criminal case as
to face civil liability to cause the suspension of the criminal proceedings until
the final resolution of the civil case, the following
HELD: Yes. The Supreme Court concurred that requisites must be present: (1) the civil case involves
petitioner was acquitted not because he did not commit facts intimately related to those upon which the criminal
the crime charged but because the RTC and the MTC prosecution would be based; (2) in the resolution of the
could not ascertain with moral conviction the wanton issue or issues raised in the civil action, the guilt or
and reckless manner by which petitioner drove the bus at innocence of the accused would necessarily be
the time of the accident. Put differently, petitioner was determined; and (3) jurisdiction to try said question must
acquitted because the prosecution failed to prove his be lodged in another tribunal.
guilt beyond reasonable doubt. However, his civil
 A perusal of the allegations in the complaints criminal case for parricide. The issue for annulment of
show that civil cases pending before RTC-Branch 77 and marriage under Article 36 of the Family Code is whether
RTC-Branch 84, are principally for the determination of petitioner is psychologically incapacitated to comply
whether a loan was obtained by petitioner from private with the essential marital obligations. The issue in
respondent and whether petitioner executed a real estate parricide is whether the accused killed the victim. In this
mortgage involving the property covered by TCT No. N- case, since petitioner was charged with frustrated
173163. On the other hand, criminal before MeTC- parricide, the issue is whether he performed all the acts
Branch 43, involves the determination of whether of execution which would have killed respondent as a
petitioner committed perjury in executing an affidavit of consequence but which, nevertheless, did not produce it
loss to support his request for issuance of a new owner's by reason of causes independent of petitioners will.
duplicate copy of TCT No. N-173163.
At the time of the commission of the alleged
It is evident that the civil cases and the criminal case can crime, petitioner and respondent were married. The
proceed independently of each other. Regardless of the subsequent dissolution of their marriage, in case the
outcome of the two civil cases, it will not establish the petition in the Civil Case is granted, will have no effect
innocence or guilt of the petitioner in the criminal case on the alleged crime that was committed at the time of
for perjury. The purchase by petitioner of the land or his the subsistence of the marriage. In short, even if the
execution of a real estate mortgage will have no bearing marriage between petitioner and respondent is annulled,
whatsoever on whether petitioner knowingly and petitioner could still be held criminally liable since at the
fraudulently executed a false affidavit of loss of TCT time of the commission of the alleged crime, he was still
No. N-173163. married to respondent.

Prosecution of Civil Action (Section 6 and 7) Prosecution of Civil Action (Section 6 and 7)
Topic: Prejudicial Question Topic: Prejudicial Question
Carlos, Roel V. Carlos, Roel V.

G.R. No. 172060 SEPTEMBER 13, 2010 G.R. No. 208587 July 28, 2015
PIMENTEL vs. PIMENTEL JM RODRIGUEZ vs. LICLICAN

Facts: Private respondent filed an action for frustrated FACTS: The election for the new set of directors for JM
parricide against the Petitioner before RTC Quezon City. Dominguez Agronomic Company, Inc. (JMD) was
Petitioner received summons to appear before RTC conducted. This event was presided by then company
Antipolo for the pre-trial and trial for Declaration of president (Liclican), and attended by her co-respondents
Nullity of Marriage under on the ground of and by the petitioners as well. Petitioners Patrick and
psychological incapacity. Petitioner filed an urgent Kenneth Pacis walked outwhen they were allegedly not
motion to suspend the proceedings before the RTC allowed to vote on the ground that they are not registered
Quezon City on the ground of the existence of a stockholders of JMD. In spite of this, the remaining
prejudicial question. Petitioner asserted that since the stockholders with outstanding shares constituted a
relationship between the offender and the victim is a key quorum, the election of officers still proceeded and
element in parricide. yielded the newly elected officers certified in a Board
Resolution.
The RTC Quezon City help that the case before
the RTC Antipolo is not a prejudicial question that Petitioners filed a Complaint against
warrants the suspension of the criminal case before it. A respondents before the Regional Trial Court of Baguio
petition for Certiorari is filed by the Petitioner which City (RTC) for nullification of meetings, election and
was subsequently denied by the Court of Appeals. acts of directors and officers, injunction and other
reliefs. Meanwhile, petitioner stockholders immediately
The Court of Appeals ruled that even if the took hold of corporate properties, represented
marriage between petitioner and respondent would be themselves to JMD’s tenants as the true and lawful
declared void, it would be immaterial to the criminal directors of the company, and collected and deposited
case because prior to the declaration of nullity, the rents due the company to its bank account.
alleged acts constituting the crime of frustrated parricide
had already been committed. The Court of Appeals ruled Subsequently, JMD, represented by petitioners,
that all that is required for the charge of frustrated executed an Affidavit-Complaint charging respondents
parricide is that at the time of the commission of the Liclican and Isip with qualified theft before. Judge
crime, the marriage is still subsisting. Tiongson-Tabora issued an Order finding probable cause
for the issuance of a warrant of arrest against Liclican.
ISSUE: Whether or not the resolution of the action for Consequently, the corresponding warrants were issued
annulment of marriage is a prejudicial question that for the arrests of Isip and Liclican.
warrants the suspension of the criminal case for
frustrated parricide against petitioner. Upon the appeal for certiorari of the
respondents, the CA granted their petition. The appellate
HELD: No. The issue in the annulment of marriage is court held that Judge Tiongson-Tabora should have
not similar or intimately related to the issue in the refrained from determining probable cause since she is
well aware of the pendency of the issue on the validity of  What is the purpose of a preliminary
JMD’s elections in Civil Case No. investigation?

ISSUE: Whether or not there exists a prejudicial 1. To determine if there is sufficient

question that could affect the criminal proceedings for ground to engender a well-founded
qualified theft against respondents. belief that a crime has been
committed and the respondent is
HELD: No. A prejudicial question generally exists in a probably guilty thereof, and should be
situation where a civil action and a criminal action are
held for trial.
both pending. It must howsoever prove that the issue
2. To protect the accused from the
raised in the civil action is resolved would be
determinative juris et de jure of the guilt or innocence of inconvenience, expense, and burden
the accused in the criminal case. Its existence rests on of defending himself in a formal trial
the concurrence of two essential elements: (i) the civil unless the reasonable probability of
action involves an issue similar or intimately related to his guilt shall have been first
the issue raised in the criminal action; and (ii) the ascertained in a fairly summary
resolution of such issue determines whether or not the proceeding by a competent officer.
criminal action may proceed. 3. To secure the innocent against hasty,
malicious and oppressive prosecution,
Here, the CA aptly observed that the intra- and to protect him from an open and
corporate dispute posed a prejudicial question to the public accusation of a crime, from the
Criminal Case. The Civil Case involves the same parties trouble, expenses and anxiety of a
herein, and is for nullification of JMD’s meetings, public trial.
election and acts of its directors and officers, among 4. To protect the state from having to
others. Court intervention was sought to ascertain who conduct useless and expensive trials.
between the two contesting group of officers should
rightfully be seated at the company’s helm. Without  What is the scope of preliminary
Civil Case’s resolution, petitioners’ authority to investigation?
commence and prosecute Criminal Case against
respondents for qualified theft in JMD’s behalf remained
Preliminary investigation is merely
questionable, warranting the suspension of the criminal
proceedings. inquisitorial and it is often the only means of
discovering whether the offense has been
committed and the persons responsible for it
to enable the fiscal to prepare his complaint
or information. It is not a trial on the merits
RULE 112 PRELIMINARY
and has no purpose but to determine
INVESTIGATION
whether there is probable cause to believe
that an offense has been committed and that
 What is preliminary investigation?
the accused is probably guilty of it. It does
not place the accused in jeopardy.
Preliminary investigation is an inquiry or
proceeding to determine whether there is
 Is the right to a preliminary
sufficient ground to engender a well-founded
investigation a fundamental right?
belief that a crime has been committed and
the respondent is probably guilty thereof,
No, it is a statutory right and may be waived
and should be held for trial.
expressly or by silence. It is also not an
element of due process, unless it is expressly
 When is it required?
granted by law.
Before a complaint or information is filed,
 Can an accused demand the right to
preliminary investigation is required for all
confront and cross-examine his
offenses punishable by imprisonment of at
witnesses during the preliminary
least 4 years, 2 months, and 1 day,
investigation?
regardless of the fine, except if the accused
was arrested by virtue of a lawful arrest
No. The preliminary investigation is not part
without warrant. In such a case, the
of the trial. It is summary and inquisitorial
complaint or information may be filed
in nature, and its function is not to
without a preliminary investigation unless
determine the guilt of the accused but
the accused asks for a preliminary
merely to determine the existence of
investigation and waives his rights under
probable cause.
Article 125 of the RPC.
 Is the lack of a preliminary 5. Ombudsman with respect to
investigation a ground for dismissing a Sandiganbayan offenses and other
complaint? offenses committed by public officers
6. PCGG with respect to ill-gotten wealth
No. The absence of a preliminary cases
investigation does not affect the jurisdiction
of the court but merely the regularity of the  Can RTC judges conduct a preliminary
proceedings. The court cannot dismiss the investigation?
complaint on this ground, and it should
instead conduct the investigation or order No. Although this should not be confused
the fiscal or lower court to do it. with the authority of the RTC to conduct an
examination for the purpose of determining
 What is the effect of the absence of a probable cause when issuing a warrant of
certification that a preliminary arrest.
investigation was conducted?
 What is the procedure in conducting a
It is of no consequence. What is important preliminary investigation?
is that there was actually an investigation,
that the accused was informed thereof and 1. The complaint shall state the address
was allowed to present controverting of the respondent and shall be
evidence. accompanied by the affidavits of the
complainants and his witnesses as
 When should the right to preliminary well as other documents to establish
investigation be invoked? probable cause. The affidavits must
be subscribed and sworn before the
The accused should invoke it before plea, or prosecutor or government official
else, it is deemed waived. authorized to administer oath or
notary public.
 What if the court denies the 2. Within 10 days from the filing of the
invocation of the right to a preliminary complaint, the investigating officer
investigation, what is the remedy of the shall either:
accused?
a. dismiss it if he finds no ground
He must immediately appeal it to the to continue the investigation;
appellate court. He cannot later raise the or
issue for the first time on appeal. b. issue a subpoena to the
respondent accompanied by
 If the complaint or information is the complaint and affidavits.
amended, should a new preliminary  The respondent shall have
investigation be conducted? the right to examine the
evidence, etc, etc.
No.
3. Within 10 days from receipt of the
 If the complaint or information is subpoena, the respondent shall
substituted, should a new preliminary submit his counter-affidavit, the
investigation be conducted? affidavits of his witnesses, and other
documents in his defense. Affidavits
Yes. should also be sworn and subscribed.
The respondent cannot file a motion
 Who may conduct a preliminary to dismiss in lieu of a counter-
investigation? affidavit.
4. If the respondent cannot be
1. Provincial or city prosecutors and subpoenaed or if he fails to file his
their assistants counter-affidavit within 10 days, the
2. Judges of the MTCs investigating officer shall resolve the
3. National and Regional State complaint based on the evidence
Presecutors submitted by the complainant.
4. Comelec with respect to election 5. If there are facts and issued which
offenses need to be clarified, the investigating
officer may set a hearing. The parties
 can be present, but they cannot a. he or an authorized officer has
cross-examine. The hearing shall be personally examined the
held within 10 days from the complainant and his
submission of the counter-affidavits witnesses;
or from the expiration of the period of b. that there is reasonable
their submission. It shall be ground to believe that a crime
terminated within 5 days. has been committed and that
6. Within 10 days from the termination the accused is probably guilty
of the investigation, the investigating thereof;
officer shall determine whether or not c. that the accused was informed
there is probable cause to hold the of the complaint and of the
respondent for trial. evidence against him;
d. that he was given an
 Is a preliminary investigation a opportunity to submit
judicial proceeding? controverting evidence.
Yes because there is an opportunity to be
heard and the production and weighing of 2. If he finds no probable cause, he shall
evidence upon which a decision is rendered. recommend the dismissal of the
Since it is a judicial proceeding, the complaint.
requirement of due process in judicial 3. Within 5 days from his resolution, he
proceedings is also required in preliminary shall forward the record of the case to
investigations. the provincial or city prosecutor of
chief state prosecutor of the
 What is the difference between Ombudsman. They shall act on the
criminal investigation and preliminary resolution within 10 days from receipt
investigation? and shall immediately inform the
parties of such action.
Criminal investigation is a fact-finding 4. No complaint of information may be
investigation carried out by law-enforcement filed or dismissed by an investigating
officers for the purpose of determining prosecutor without the prior written
whether they should file a complaint for authority or approval of the provincial
preliminary investigation. Preliminary or city prosecutor or chief state
investigation is conducted for the purpose of prosecutor or the Ombudsman.
determining if there is probable cause to 5. If the investigating prosecutor
hold a person for trial. recommends the dismissal of the
complaint, but his recommendation is
 What is probable cause? disapproved by the provincial or city
Probable cause is the existence of such facts prosecutor or chief state prosecutor
and circumstances as would excite the belief or Ombudsman on the ground that
in a reasonable mind, acting on the facts probable cause exists, the latter may
within the knowledge of the prosecutor, that either:
the person charged was guilty of the crime
for which he was prosecuted. a. by himself, file the information; or
b. direct another assistant prosecutor to
 Is the presence of counsel in the file the information without need for a
preliminary investigation mandatory? new preliminary investigation.
No. Preliminary investigation is a summary 6. The Secretary of Justice may, upon
proceeding and is merely inquisitorial in petition by a proper party or by itself,
nature. The accused cannot yet invoke the reverse or modify the resolution of
full exercise of his rights. the provincial or city prosecutor, the
chief state prosecutor, or the
 How does the investigating ombudsman. In such a case, he shall
prosecutor resolve the findings after direct the prosecutor concerned to
preliminary investigation? either file the information without
need for a new preliminary
1. If he finds probable cause to hold the investigation or to dismiss or move
respondent for trial, he shall prepare for its dismissal if already filed in
the resolution and certify under oath court.
in the information that:
 If there was no preliminary does not allow the filing of a criminal
investigation conducted, what is the complaint against the accused because
remedy of the accused? of insufficiency of evidence?
(RICAP) He can file a civil action for damages against
1. Refuse to enter plea the offender based on Article 35 of the Civil
2. Insist on a preliminary investigation Code. This would require a mere
3. File certiorari if refused preponderance of evidence.
4. Raise it as an error on appeal
5. File a petition for prohibition  What are the remedies of a party
against whom a warrant of arrest has
 What should the Secretary of Justice been issued?
do if an information that has already 1. post bail
been filed in court is appealed to him? 2. ask for reinvestigation
He should, as far as practicable, refrain from 3. petition for review
entertaining the appeal. The matter should 4. motion to quash the information
be left to the determination of the Court. 5. if denied, appeal the judgment after
trial
 If the Secretary of Justice gives due (no certiorari)
course to the appeal, what should the
trial judge do?  What is the procedure in resolving a
He should suspend proceedings and defer complaint when the preliminary
arraignment pending the resolution of the investigation is conducted by a judge?
appeal.
1. Within 10 days after the termination
 Is the determination of probable of the preliminary investigation, the
cause a judicial or executive function? investigating judge shall transmit the
It depends. If it is made in a preliminary resolution of the case to the
investigation for the purpose of determining provincial or city prosecutor, or to the
whether there is reasonable ground to Ombudsman for appropriate action.
believe that the accused has committed the 2. The resolution shall state the findings
offense and should be held for trial, it is an of fact and law supporting his action
executive function. If it is made for the together with the record of the case
issuance of a warrant of arrest by a judge, it which shall include:
is a judicial function.
a. the warrant if the arrest is by
 Can the accused file a motion to virtue of a warrant
quash based on insufficiency of b. the affidavits, counter-
evidence? affidavits, and supporting
evidence
No. He cannot pre-empt trial by filing a c. the undertaking or bail and the
motion to quash on the ground of order of release
insufficiency of evidence. Whether the d. the transcripts of the
function of determining probable cause has proceedings
been correctly discharged by the prosecutor e. the order of cancellation of the
is a matter that the trial court itself does not bail bond if the resolution is
and may not pass upon. for the dismissal of the
complaint
 Is the finding of a judge that probable
cause exists for the purpose of issuing a 3. Within 30 days from the receipt of the
warrant of arrest subject to judicial records, the provincial or city
review? prosecutor or the Ombudsman shall
No. It would be asking the court to examine review the resolution of the judge.
and assess such evidence as has been 4. They shall act on the resolution,
submitted by the parties before trial and on expressly and clearly stating the facts
the basis thereof, make a conclusion as and the law on which it is based.
whether or not it suffices to establish the 5. The parties shall be furnished with
guilt of the accused. copies thereof.
6. They shall order the release of an
 What is the remedy of the accused who is detained if no
complainant if the Secretary of Justice probable cause is found against him.
 virtue of a lawful arrest without
 What happens if the judge fails to warrant.
resolve the case within 10 days from the 4. In case of doubt on the existence of
termination of the investigation? probable cause, the judge may order
This constitutes dereliction of duty and is a the prosecutor to present additional
ground for dismissal of the judge. evidence within 5 days from notice
and the issue must be resolved within
 What is the difference between 30 days from the filing of the
preliminary investigation conducted by complaint or information.
the prosecutor and one conducted by
the judge? By the MTC
The prosecutor is not bound by the
designation of the offense in the complaint. 1. If the preliminary investigation was
After preliminary investigation, he may file conducted by a prosecutor, same
any case as warranted by the facts. The procedure as above
judge cannot change the charge in the 2. If the preliminary investigation was
complaint but must make a finding on conducted by the MTC judge and his
whether or not the crime charged has been findings are affirmed by the
committed. prosecutor, and the corresponding
information is filed, he shall issue a
 If the investigating judge did not warrant of arrest.
issue a warrant for the arrest of the 3. However, without waiting for the
accused during the preliminary conclusion of the investigation, he
investigation, what is the remedy of the may issue a warrant of arrest if he
prosecutor if he believes that the finds after:
accused should be immediately placed
under custody? a. an examination in writing and
He should file the information in court, so under oath of the complainant
that the RTC may issue the warrant of and his witnesses
arrest. He should not file for mandamus b. in the form of searching
because that could take two years to questions and answers that
resolve. probable cause exists AND
that there is a necessity of
 What is a warrant of arrest? placing the accused under
A warrant of arrest is a legal process issued immediate custody in order
by competent authority, directing the arrest not to frustrate the ends of
of a person or persons upon grounds stated justice.
therein.
 What are the kinds of offenses that
 When may a warrant of arrest be may be filed with the MTC for
issued? preliminary investigation?
1. Those which are cognizable by the
By the RTC RTC
2. Those cognizable by the MTC where
1. Within 10 days from the filing of the the penalty is at least 4 years, 2
complaint or information, the judge months, and 1 day regardless of the
shall personally evaluate the fine
resolution of the prosecutor and its
supporting evidence.  When is a warrant of arrest not
2. He may immediately dismiss the case necessary?
if the evidence fails to establish
probable cause. 1. When the accused is already under
3. If he finds probable cause, he shall detention issued by the MTC
issue a warrant of arrest or a 2. When the accused was arrested by
commitment order if the accused has virtue of a lawful arrest without
already been arrested by virtue of a warrant
warrant issued by the MTC judge who 3. When the penalty is a fine only
conducted the preliminary
investigation or if he was arrested by  Are “John Doe” warrants valid?
 Generally, John Doe warrants are RPC in the presence of counsel. He may still
void because they violate the constitutional apply for bail in spite of the waiver. The
provision that requires that warrants of investigation must be terminated within 15
arrest should particularly describe the person days.
or persons to be arrested. But if there is
sufficient description to identify the person to After the complaint of information is filed but
be arrested, then the warrant is valid. before arraignment, the accused may, within
5 days from the time he learns of his filing,
 What are the principles governing the ask for a preliminary investigation.
finding of probable cause for the
issuance of a warrant of arrest?  What is an inquest?

1. There is a distinction between the An inquest is an informal and summary

objective of determining probable investigation conducted by a public
cause by the prosecutor and by the prosecutor in a criminal case involving
judge. The prosecutor determines it persons arrested and detained without the
for the purpose of filing a complaint benefit of a warrant of arrest issued by the
or information, while the judge court for the purpose of determining whether
determines it for the purpose of said persons should remain under custody
issuing a warrant of arrest – whether and correspondingly charged in court.
there is a necessity of placing him
under immediate custody in order not  What are the guidelines to safeguard
to frustrate the ends of justice. the rights of an accused who has been
2. Since their objectives are different, arrested without a warrant?
the judge should not rely solely on
the report of the prosecutor in finding 1. The arresting officer must bring the
probable cause to justify the issuance arrestee before the inquest fiscal to
of a warrant of arrest. The judge determine whether the person should
must decide independently and must remain in custody and charged in
have supporting evidence other than court or if he should be released for
the prosecutor’s bare report. lack of evidence or for further
3. It is not required that the complete or investigation.
entire records of the case during the 2. The custodial investigation report
preliminary investigation be shall be reduced to writing, and it
submitted to and examined by the should be read and adequately
judge. He must have sufficient explained to the arrestee by his
supporting documents upon which to counsel in the language or dialect
make his independent judgment. known to him.

 How should the complaint or  What is the procedure in cases not

information be filed when the accused is requiring a preliminary investigation?
lawfully arrested without warrant?
1. If filed with the prosecutor, the
The complaint or information may be filed by prosecutor shall act on the complaint
a prosecutor without need for a preliminary based on the affidavits and other
investigation provided an inquest proceeding supporting documents submitted by
has been conducted in accordance with the complainant within 10 days from
existing rules. In the absence of an inquest its filing.
prosecutor, the offended party or any peace 2. If filed with the MTC:
officer may file the complaint directly in
court on the basis of the affidavit of the a. If within 10 days from the
offended party or peace officer. filing of the complaint or
information, the judge finds no
 What is the remedy of the person probable cause after
arrested without warrant if he wants a personally examining the
preliminary investigation? evidence in writing and under
oath of the complainant and
Before the complaint or information is filed, his witnesses in the form of
he may ask for one provided that he signs a searching questions and
waiver of his rights under Article 125 of the
 answers, he shall dismiss the
complaint or information. 1. When in his presence, the person to
b. He may require the submission be arrested has committed, is actually
or additional evidence, within committing, or is about to commit an
10 days from notice. If he still offense;
finds no probable cause, he 2. When an offense has just been
shall dismiss the case. committed, and he has probable
c. If he finds probable cause, he cause based on personal knowledge
shall issue a warrant of arrest of facts and circumstances that the
or a commitment order and person to be arrested has committed
hold him for trial. If he thinks it; and
that there is no necessity for 3. When the person to be arrested is a
placing the accused under prisoner who has escaped from a
custody, he may issue penal establishment or place where
summons instead. he is serving final judgment or is
temporarily confined while his case is
RULE 113 ARREST pending or has escaped while being
transferred from one confinement to
 What is arrest? another.
Arrest is the taking of a person into custody
in order that he may be bound to answer for  A police officer was chasing a person
the commission of an offense. who had just committed an offense.
The person went inside a house, so the
 How is an arrest made? police officer followed. Inside the
Arrest is made by an actual restraint of the house, the police officer saw drugs lying
person to be arrested or by his submission to around. Can he confiscate the drugs?
the custody of the person making the arrest. Can he use them as evidence?

 What does it mean when Yes. The plain view doctrine is applicable in
jurisprudence says that the officer, in this case because there was a prior valid
making the arrest, must “stand his intrusion, the police officer inadvertently
ground”? discovered the evidence, he had a right to be
It means that the officer may use such force there, and the evidence was immediately
as is reasonably necessary to effect the apparent.
arrest.
 What if the officer merely peeks
 What is the duty of the arresting through the window of the house and
officer who arrests a person? sees the drugs – can he confiscate
He must deliver the person immediately to them? Can he use them as evidence?
the nearest jail or police station.
He can confiscate them, without prejudice to
 Within what period must a warrant of his liability for violation of domicile. He
arrest be served? cannot use them as evidence because the
There is no time period. A warrant of arrest seizure cannot be justified under the plain
is valid until the arrest is effected or until it view doctrine, there being no previous valid
is lifted. The head of the office to whom the intrusion.
warrant was delivered must cause it to be
executed within 10 days from its receipt, and  When should an arrest be made?
the officer to whom it is assigned for
execution must make a report to the judge It can be made on any day and at any time
who issued it within 10 days from the of the day and night.
expiration of the period. If he fails to
execute it, he should state the reasons  Can an officer arrest a person against
therefor. whom a warrant has been issued even if
he does not have the warrant with him?
 When is an arrest without warrant
lawful? Yes, but after the arrest, if the person
arrested requires, it must be shown to him
A peace officer or private person may arrest as soon as practicable.
without warrant:
 RULE 114 BAIL aggravating circumstance of
reiteracion.
 What is bail? 2. The he has previously escaped from
Bail is the security given for the release of a legal confinement, evaded sentence,
person in custody of the law, furnished by or violated the conditions of his bail
him or a bondsman, to guarantee his without valid justification.
appearance before any court as required. 3. That he committed the offense while
on probation, parole or conditional
 What are the forms of bail? pardon
Bail may be in the form of: 4. That the circumstances of his case
indicate the probability of flight if
1. corporate surety released on bail; or
2. property bond 5. That there is undue risk that he may
3. cash deposit commit another crime during the
4. recognizance pendency of the appeal.

 What is recognizance?  When is a bail hearing necessary?

Bail hearing is mandatory when bail is a
Recognizance is an obligation of record, matter of discretion. It is incumbent upon
entered into before a court or magistrate the prosecution to show that the evidence of
duly authorized to take it, with the condition guilt is strong. Even if the prosecution is
to do some particular act, the most usual absent or refuses to present evidence, the
condition in criminal cases being the court cannot grant bail without conducting a
appearance of the accused for trial. hearing. The court must first be convinced
that the evidence does not warrant the
 When is bail a matter of right and denial of bail.
when is it a matter of discretion?
 What is required of the judge who
In the MTC, it is a matter of right before or denies an application for bail?
after conviction, regardless of the offense. The order should contain a summary of the
evidence presented and the reason for the
In the RTC, it is a matter of right before denial, otherwise it shall be void. This is in
conviction, except for offenses punishable by order to safeguard the constitutional right to
death, reclusion perpetua, or life sentence presumption of innocence and also because
and the evidence of guilt is strong, in which there is a need for clear grounds before a
case it is discretionary. After conviction, bail person can be denied of his liberty.
is a matter of discretion regardless of the
offense. The application for bail may be filed  If there is a likelihood that the
and acted upon by the trial court as long as accused would jump bail, what should
the original record of the case has not been the court do?
transmitted to the appellate court. However,
if the decision of the trial court changed the 1. Increase the amount of bail
nature of the offense from non-bailable to 2. Require periodic reports of the
bailable, the application should be addressed accused to court
and resolved by the appellate court. 3. Warn him that the trial may proceed
in absentia
 When can the prosecution move for
the cancellation or denial of bail of the  What is a capital offense?
accused? A capital offense is an offense which, under
the law existing at the time of its
If the penalty imposed by the trial court is commission and of the application for
imprisonment greater than 6 years, the admission to bail, may be punished with
prosecution may move for denial or death.
cancellation of the bail of the accused, with
notice to the accused, upon showing of the  What are the duties of the trial judge
following circumstances: in case an application for bail is filed?

1. That he is a recidivist, quasi- 1. Notify the prosecutor of the hearing

recidivist, habitual delinquent, or or require him to submit his
committed the offense with the recommendation
 2. Conduct a hearing his arrest, the validity of the warrant, or
3. Decide whether the evidence of guilt the manner of conducting the
is strong based on the summary of preliminary investigation?
evidence of the prosecution
4. If the guilt of the accused is not No, provided that he raises these questions
strong, discharge the accused upon before plea.
the approval of the bailbond. If
evidence of guilt is strong, the
petition should be denied.

 What are the guidelines in setting the RULE 115 RIGHTS OF THE ACCUSED
amount of bail?

1. Financial ability of the accused

2. Nature and circumstances of the  What are the rights of the accused in criminal
offense prosecutions?
3. Penalty for the offense
4. Character and reputation of the
accused
5. Age and health of the accused 1. To be presumed innocent until the contrary is
6. Weight of evidence against the proved beyond reasonable doubt;
accused 2. To be informed of the nature and cause of the
7. Probability of the accused appearing accusation against him;
at the trial 3. To be present and defend in person and by
8. Forfeiture of other bail counsel at every stage of the proceedings, from
9. The fact that he was a fugitive from arraignment to promulgation of judgment;
the law when arrested 4. To testify as a witness in his own behalf but
10. Pendency of other cases where the subject to cross-examination on matters
accused is on bail covered by direct examination;
5. To be exempt from being compelled to be a
 Where should bail be filed? witness against himself;
6. To confront and cross-examine the witnesses
It may be filed with the court where the case against him at the trial;
is pending. In the absence of the judge 7. To have compulsory process issued to secure
thereof, bail may be filed with any RTC or the attendance of witnesses and production of
MTC judge in the province, city, or other evidence in his behalf;
municipality. If the accused is arrested in a 8. To have a speedy, impartial, and public trial;
province, city, or municipality other than 9. To appeal in all cases allowed and in the
where the case is pending, bail may also be manner prescribed by law.
filed with and RTC of said place, or if no
judge is available, with any MTC judge
therein. Due Process

But where bail is a matter of discretion or

where the accused seeks to be released on  What are the two aspects of the right to due
recognizance, bail may only be filed in the process?
court where the case is pending.

Any person in custody who is not yet

charged may apply for bail with any court in 1. Substantive due process – this refers to the
the province, city or municipality where he is intrinsic validity of the law
held. 2. Procedural due process – one that hears before
it condemns, proceeds upon inquiry, and
 What is the remedy of the accused if renders judgment only after trial and based on
he is denied bail? the evidence presented therein.
He should file a special civil action in the CA,
not the SC within 60 days.
 Is it necessary to have trial-type proceedings in
 Does an application for bail bar the order to satisfy the requirement of due process?
accused from questioning the validity or
 doubt means that there is moral certainty as
to the guilt of the accused. Conviction
No. There is no need for trial-type should be based on the strength of the
proceedings in order to satisfy due process. prosecution and not on the weakness of the
What is important is that there was an defense. The significance of this is that
opportunity to be heard. Notice and hearing accusation is not synonymous with guilt.
are the minimum requirements of due
process.  What are the exceptions to the
constitutional presumption of
innocence?
 In general, what are the requirements of procedural
due process? 1. Presumptions – If there is a
reasonable connection between the
fact presumed and the fact ultimately
proven from such fact
1. There must be an impartial and competent Examples:
court with judicial power to hear and a. When an accountable public
determine the matter before it; officer fails to account for
2. Jurisdiction must be lawfully acquired over the funds or property that should
person of the defendant or over the property be in his custody, he is
subject of the proceeding; presumed to be guilty of
3. The defendant must be given an opportunity to malversation;
be heard; b. Persons in possession of
4. Judgment must be rendered upon lawful recently stolen goods are
hearing. presumed guilty of the offense
in connection with the goods.

 In criminal cases, what are the requirements of 2. Self-Defense – One who invokes self-
procedural due process? defense is presumed guilty. The
burden of proving the elements of
self-defense (unlawful aggression,
reasonable necessity of the means
The requirements in criminal cases are more used to prevent or repel it; lack of
stringent. They are: sufficient provocation on the part of
the one defending himself) belongs to
the accused.
1. The accused must have been heard by a court
of competent jurisdiction;  What is a “reverse trial”?
2. He must have been proceeded against under Usually, the prosecution presents its
orderly processes of the law; evidence to establish the guilt of the accused
3. He may be punished only after inquiry and first. But a reverse trial happens if the
investigation; accused admits the killing but claims self-
4. There must be notice to the accused; defense. He must first establish the
5. The accused must be given an opportunity to elements of self-defense in order to overturn
be heard; the presumption that he was guilty of the
6. Judgment must be rendered within the offense.
authority of a constitutional law. Right to be present at the trial

 What are the requisites of a valid trial

Presumption of Innocence in absentia?

1. The accused has already been

 What is the meaning of the right of presumption of arraigned;
innocence? 2. He has been duly notified of the trial
3. His failure to appear at the trial is
unjustifiable.

The right means that the presumption must  Can the right to be present at the trial
be overcome by evidence of guilt beyond be waived?
reasonable doubt. Guilt beyond reasonable
Yes, except in the following situations, where held that the defendant cannot raise the
the presence of the accused at the trial is question of his right to have an attorney for
required: the first time on appeal. If the question is
not raised in the trial court, the prosecution
1. Arraignment; may go to trial. The question will not be
2. During promulgation of judgment, considered in the appellate court for the first
except if it is for a light offense; time when the accused fails to raise it in the
3. When the presence of the accused at lower court.
the trial is necessary for purposes of
identification, unless he admits Is the duty of the court to appoint
beforehand that he is the same counsel-de-oficio mandatory at all
person charged. times?
No. The duty to appoint counsel-do-oficio is
Right to Counsel mandatory only up to arraignment.

 Is there a difference between the  Does the mistake of counsel bind the
right to counsel during custodial client?
investigation and the right to counsel
during the trial? As a rule, the mistake of counsel binds the
client. Therefore, the client cannot question
Yes. In custodial investigation, the right to a decision on the ground that counsel was an
counsel can only be waived in writing AND idiot. However, an exception to this is if
with the assistance of counsel. The counsel counsel misrepresents himself as a lawyer,
required in custodial investigation is and he turns out to be a fake lawyer. In this
competent and independent counsel, case, the accused is entitled to a new trial
preferably of his own (the suspect’s) choice. because his right to be represented by a
member of the bar was violated. He was
During the trial, the right to counsel means thus denied of his right to counsel and to due
the right to effective counsel. process.

The requirement is stricter during custodial  Is the right to counsel absolute?

investigation because a trial is done in
public, while custodial investigation is not. No. The right of choice must be reasonably
The danger that confessions will be extracted exercised. The accused cannot insist on
against the will of the defendant during counsel that he cannot afford, one who is not
custodial investigation does not really exist a member of the bar, or one who declines for
during trial. a valid reason, such as conflict of interest.
Also, the right of the accused to choose
During trial the purpose of counsel is not so counsel is subject to the right of the state to
much to protect him from being forced to due process and to speedy and adequate
confess but to defend the accused. justice.

Why is the right to counsel afforded  When can the accused defend himself
during trial? in person?
The right to counsel is embraced in the right The accused can defend himself in person
to be heard. only if the court is convinced that he can
properly protect his rights even without the
 When should the right to counsel be assistance of counsel.
invoked? Right to be a Witness on His Own Behalf

The right to counsel may be invoked at any  What is the weight of the testimony of
stage of the proceedings, even on appeal. an accused who testifies on his own
However, it can also be waived. The behalf but refuses to be cross-
accused is deemed to have waived his right examined?
to counsel when he voluntarily submits
himself to the jurisdiction of the Court and The testimony will not be given weight. It
proceeds with his defense. will not have probative value because the
prosecution was not given a chance to test
But in US v. Escalante and People v. Nang the credibility of the testimony through
Kay (p. 532 of Herrera Textbook), the Court cross-examination.
 However, if the question during cross-
Right Against Self-Incrimination examination relates to a crime
different from that with which he was
 What is the scope of the right against charged, he can still invoke the right
self-incrimination? and refuse to answer.

The right against self-incrimination covers  Can the accused or witness invoke the
testimonial compulsion only and the right against self-incrimination if he is
compulsion to produce incriminating asked about past criminality?
documents, papers, and chattels. It does
not cover the compulsion to produce real or It depends. If he can still be prosecuted for
physical evidence using the body of the it, questions about past criminal liability are
accused. still covered by the protection of the right
against self-incrimination. But if he cannot
 Is there an exception to the right be prosecuted for it anymore, he cannot
against self-incrimination? invoke the right.

The right cannot be invoked when the State

has the right to inspect documents under its  What are the rights of the accused in the matter of
police power, such as documents of testifying or producing evidence?
corporations.

 What is the rationale for protecting

the right against self-incrimination? 1. Before the case is filed in Court but after he has
been taken into custody or otherwise deprived
There are two reasons: of his liberty

1. For humanitarian reasons: To prevent

the State, with all its coercive powers, a. the right to be informed of
from extracting testimony that may b. his right to remain silent and to counsel
convict the accused. c. the right not to be subjected to force,
2. For practical reasons: The accused is violence, threat, intimidation, or any
likely to commit perjury if he were other means which vitiate free will
compelled to testify against himself. d. the right to have evidence obtained in
violation of these rights rejected
 Who may invoke the right against
self-incrimination, and when can they
invoke the right? 2. After the case is filed in court

1. An ordinary witness may invoke the

right, but he may only do so as each a. to refuse to be a witness
incriminating question is asked. b. not to have any prejudice whatsoever
2. The accused himself may invoke the result to him by such refusal
right, and unlike the ordinary witness, c. to testify in his own behalf subject to
he may altogether refuse to take the cross-examination by the prosecution
witness stand and refuse to answer d. while testifying, to refuse to answer a
any and all questions. specific question which tends to
incriminate his for some crime other than
But, once the accused waives his that for which he is being prosecuted.
right and chooses to testify in his own
behalf, he may be cross-examined on
matters covered in his direct  What are immunity statutes?
examination. He cannot refuse to
answer questions during cross-
examination by claiming that the
answer that he will give could The immunity statutes are classified into two
incriminate him for the crime with – use immunity statutes and transactional
which he was charged. immunity statutes.
Use immunity prohibits the use of a witness’ compelled presence, with the opportunity to cross-
testimony and its fruits in any manner in connection examine them.
with the criminal prosecution of the witness. (Therefore,  What are the reasons for the right?
the witness can still be prosecuted, but the compelled
testimony cannot be used against him.)
1. To allow the court to observe the demeanor of
the witness while testifying.
2. To give the accused the opportunity to cross-
Transactional immunity grants immunity to the witness examine the witness in order to test their
from prosecution for an offense to which his compelled recollection and credibility.
testimony relates. (Here, the witness cannot be
prosecuted at all.) Examples are state witnesses and
those who furnish information about violations of the  Can the right of confrontation be waived?
Internal Revenue Code, even if they themselves offered
bribes to the public official.
Yes, it can be waived either expressly or
impliedly. It is waived impliedly when an
accused waives his right to be present at the
 What is the effect of the refusal of the accused to
trial. The right of confrontation may also be
refuse to testify in his behalf? waived by conduct amounting to a
renunciation of the right to cross-examine.
When the party was given an opportunity to
confront and cross-examine an opposing
As a general rule, the silence of the accused witness but failed to take advantage of it for
should not prejudice him. reasons attributable to himself alone, he is
deemed to have waived the right.
However, in the following cases, an unfavorable
 What happens to the testimony of a
inference is drawn from the failure of the accused to witness who dies or becomes
testify: unavailable?

It depends. If the other party had the

opportunity to cross-examine the witness
1. If the prosecution has already established a before he died or became unavailable, the
prima facie case, the accused must present testimony may be used as evidence.
proof to overturn the evidence of the However, if the other party did not even
prosecution. have the opportunity to cross-examine
2. If the defense of the accused is alibi and he before the subsequent death or unavailability
does not testify, the inference is that the alibi is of the witness, the testimony will have no
not believable. probative value. (An opportunity to cross-
examine is all that is necessary in order to
allow the use of the testimony of the
 Is DNA testing covered by the right against self- witness. There need not be an actual cross-
incrimination? examination, as long as there was an
opportunity to do so.)
No (recent SC ruling).
Right to Compulsory Process

Right of Confrontation  What is the right to compulsory

process?
It is the right of the accused to have a
 What is the meaning of the right of confrontation? subpoena and/or a subpoena duces tecum
issued in his behalf in order to compel the
attendance of witnesses and the production
of other evidence.
It means that the accused can only be tried
using those witnesses that meet him face to  What happens if a witness refuses to
face at the trial who give testimony in his testify when required?
The court should order the witness to give The prosecution and the complainant fail to attend
bail or even order his arrest, if necessary. the first hearing. The court postpones the hearing to
Failure to obey a subpoena amounts to another date. Is there a violation of the right to
contempt of court.
speedy trial?
Right to Speedy, Public, and Impartial
No. The right to speedy trial is violated
Trial
when there are unjustified postponements of
the trial, and a long period of time is allowed
 How should the trial be conducted?
to elapse without the case being tried for no
The trial should be speedy, public, and
justifiable reason.
impartial.

 What is the meaning of the right to What is the meaning of the right to a public trial?
speedy trial?
The right means that the trial should be It means that anyone interested in observing
conducted according to the law of criminal the manner that a judge conducts the
procedure and the rules and regulations, free proceedings in his courtroom may do so.
from vexations, capricious, and oppressive
delays.
 Why should a trial be conducted in public?
 When should the arraignment and
pre-trial be held? The trial should be public in order to prevent
According to the Speedy Trial Act and abuses that may be committed by the court
Circular 38-98, arraignment and pre-trial if to the prejudice of the defendant. Moreover,
the accused pleads not guilty should be held the accused is entitled to the moral support
within 30 days from the date the court of his friends and relatives.
acquires jurisdiction of the person of the
accused.
 Is there an exception to the requirement of
 Within how many days should the
publicity?
trial be completed?
In no case shall the entire period exceed 180
Yes. The court may bar the public in certain
days from the first day of trial, except as
cases, such as when the evidence to be
otherwise authorized by the Court
presented may be offensive to decency or
Administrator.
public morals, or in rape cases, where the
purpose of some persons in attending is
 What is the remedy of an accused
merely to ogle at the parties.
whose right to speedy trial is violated?

The accused has the following remedies:  Is it okay to hold the trial in the chambers of the
1. File a motion to dismiss on the
judge?
ground of violation of his right to
speedy trial. (For purposes of double
Yes. There is no violation of the right to a
jeopardy, this has the same effect as
public trial, since the public is not excluded
an acquittal.) This must be done
from attending the trial.
prior to trial, or else, it is deemed a
waiver of the right to dismiss.
 In so-called trials by publicity, when can the
2. File for mandamus to compel a
dismissal of the information. publicity be considered prejudicial to the accused?
3. If he is restrained of his liberty, file
for habeas corpus. To warrant a finding of prejudicial publicity, there must
4. Ask for the trial of the case. be allegations and proof that the judges have been
unduly influenced, not simply that they might be, by the
 What is the limitation on the right of barrage of publicity.
an accused to a speedy trial?
The limitation is that the State should not be
deprived of its day in court. The right of the
State/the prosecution to due process should Right to Appeal, When Allowed
be respected.
 Is the right to appeal a fundamental right?  X is charged with homicide. He
pleads guilty but presents evidence to
establish self-defense. What should the
court do?
No. The right to appeal is a statutory right, The court should withdraw the plea and
except in the case of the minimum appellate enter a plea of not guilty.
jurisdiction of the Supreme Court granted by
the Constitution. Anyone who seeks to  When should the arraignment be
exercise the right to appeal must comply held?
with the requirements of the rules.
The general rule is that the accused should
be arraigned within 30 days from the date
 Can the right to appeal be waived? the court acquires jurisdiction over the
person of the accused. The time of the
Yes, it can be waived expressly or impliedly. pendency of a motion to quash or for a bill of
particulars or other causes justifying
suspension of the arraignment shall be
 What is the effect of the flight of the accused on his excluded in computing the period.
right to appeal?
However, in the following cases, the accused
should be arraigned with a shorter period:

When the accused flees after the case has 1. Where the complainant is about to
been submitted to the court for decision, he depart from the Philippines with no
will be deemed to have waived his right to definite date of return, the accused
appeal from the judgment rendered against should be arraigned without delay
him. and his trial should commence within
3 days from arraignment.
2. The trial of cases under the Child
RULE 116 ARRAIGNMENT AND PLEA Abuse Act requires that the trial
should be commenced within 3 days
 Where should the accused be from arraignment.
arraigned? 3. When the accused is under preventive
The accused must be arraigned before the detention, his case shall be raffled
court where the complaint was filed or and its records transmitted to the
assigned for trial. judge to whom the case was raffled
within 3 days from the filing of the
 How is arraignment made? information or complaint. The
accused shall be arraigned within 10
Arraignment is made: days from the date of the raffle.

1. in open court  Can the lawyer of the accused enter a

2. by the judge or clerk plea for him?
3. by furnishing the accused with a copy No. The accused must personally enter his
of the complaint or information plea.
4. reading it in the language or dialect
known to him, and  What is the importance of
5. asking him whether he pleads guilty arraignment?
or not guilty.
Arraignment is the means for bringing the
 Can there be an arraignment without accused into court and informing him of the
the presence of the accused? nature and cause of the accusation against
No. The accused must be present at the him. During arraignment, he is made fully
arraignment and must personally enter his aware of possible loss of freedom or life. He
plea. is informed why the prosecuting arm of the
 What is the effect of the refusal of the State is mobilized against him. It is
accused to enter a plea? necessary in order to fix the identity of the
If the accused refuses to plead or makes a accused, to inform him of the charge, and to
conditional plea, a plea of not guilty shall be give him an opportunity to plead.
entered for him.
 During the arraignment, is the judge
duty-bound to point out that an  X was charged with homicide. He
information is duplicitous? entered a plea of guilty. He was later
allowed to testify in order to prove the
No. The judge has no obligation to point out mitigating circumstance of incomplete
the duplicitousness or any other defect in an self-defense. At the trial, he presented
information during arraignment. The evidence to prove that he acted in
obligation to move to quash a defective complete self-defense. The court
information belongs to the accused, whose acquitted him. Later, X was again
failure to do so constitutes a waiver of the charged with physical injuries. X
right to object. invoked double jeopardy. Can X be
prosecuted again for physical injuries?
 X was tried for murder without having Yes. There was no double jeopardy. In
been arraigned. At the trial, X’s counsel order for double jeopardy to attach, there
presented witnesses and cross- must have been a valid plea to the first
examined the prosecution witnesses. It offense. In this case, the presentation by X
was only after the case was submitted of evidence to prove complete self-defense
for decision that X was arraigned. X had the effect of vacating his plea of guilt.
was convicted. Can X invoke the failure When the plea of guilt was vacated, the
of the court to arraign him before trial court should have ordered him to plead
as a ground for questioning the again, or at least should have directed that a
conviction? new plea of not guilty be entered for him.
Because the court did not do this, at the
No. The failure of the court to arraign X time of the acquittal, there was actually no
before trial was conducted did not prejudice standing plea for X. Since there was no valid
the rights of X since he was able to present plea, there can be no double jeopardy.
evidence and cross-examine the witnesses of  Can a person who pleaded guilty still
the prosecution. The error was cured by the be acquitted?
subsequent arraignment.
Yes. When an accused pleads guilty, it does
 Is the accused presumed to have not necessarily follow that he will be
been arraigned in the absence of proof convicted. Additional evidence independent
to the contrary? of the guilty plea may be considered by the
judge to ensure that the plea of guilt was
Yes. In view of the presumption of regularity intelligently made. The totality of evidence
in the performance of official duties, it can should determine whether the accused
be presumed that a person accused of a should be convicted or acquitted.
crime was arraigned, in the absence of proof
to the contrary. However, the presumption  When can the accused plead guilty to
of regularity is not applied when the penalty a lesser offense?
imposed is death. When the life of a person
is at stake, the court cannot presume that At arraignment, the accused may plead
there was an arraignment; it has to be sure guilty to a lesser offense which is necessarily
that there was one. included in the offense charged, provided
that the offended party and the prosecutor
 Is the accused entitled to know in give their consent.
advance the names of all of the
prosecution witnesses? After arraignment BUT BEFORE TRIAL, the
No. The success of the prosecution might be accused may still be allowed to plead guilty
endangered if this right were granted to the to a lesser offense, after he withdraws his
accused. The witnesses might be subjected plea of not guilty. In such a case, the
to pressure or coercion. The right time for complaint or information need not be
the accused to know their identities is when amended.
they take the witness stand.
When the penalty imposable for the offense
 Can the prosecution call witnesses is at least 6 years and 1 day or a fine
that are not listed in the information? exceeding P12,000, the prosecutor must first
Yes. The prosecution may call at the trial submit his recommendation to the City or
witnesses other than those named in the Provincial Prosecutor or to the Chief State
complaint or information. Prosecutor for approval. If the
recommendation is approved, the trial Yes. It is mandatory in order to establish
prosecutor may then consent to the plea of the precise degree of culpability and the
guilty to a lesser offense. imposable penalty. Otherwise, there is an
improvident plea of guilty.
 What should the court do when the
accused pleads guilty to a capital  Can a court validly convict an accused
offense? based on an improvident plea of guilty?
Yes. If there is adequate evidence of the
The court should: guilt of the accused independent of the
improvident plea of guilty, the court may still
1. conduct a searching inquiry into the convict the accused. The conviction will be
voluntariness and full comprehension set aside only if the plea of guilt is the sole
of the consequences of the plea. basis of the judgment.
2. require the prosecution to present
evidence to prove the guilt and the  What should the court do when the
precise degree of culpability of the accused pleads guilty to a non-capital
accused for the purpose of imposing offense?
the proper penalty. The court may receive evidence from the
3. ask the accused if he desires to parties to determine the penalty to be
present evidence in his behalf and imposed. Unlike in a plea of guilty to a
allow him to do so if he desires. capital offense, the reception of evidence in
this case is not mandatory. It is merely
 Does a plea of guilty mean an discretionary on the court.
admission even of the aggravating
circumstances?  When can the validity of a plea of
Yes. A plea of guilty results in the admission guilty be attacked?
of all the material facts in the complaint or Generally, a plea of guilty cannot be
information, including the aggravating attacked if it is made voluntarily and
circumstances. Because of this, the court intelligently. It can only be attacked if it was
should only accept a clear, definite, and induced by threats, misrepresentation, or
unconditional plea of guilty. bribes. When the consensual character of
the plea is called into question or when it is
 When can the plea of guilty be shown that the defendant was not fully
considered a mitigating circumstance? apprised of its consequences, the plea can
It is mitigating if made before the be challenged.
prosecution starts to present evidence.
 Can an improvident plea of guilty be
 What is the meaning of the duty of withdrawn as a matter of right?
the judge to conduct a “searching No. The withdrawal of the plea of guilty is
inquiry”? not a matter of strict right to the accused but
is within the discretion of the court. The
In all cases, the judge must convince reason for this is that trial has already
himself: (1) that the accused is entering the commenced; withdrawal of the plea will
plea of guilty voluntarily and intelligently; change the theory of the case and will put all
and (2) that he is truly guilty and that there of the past proceedings to waste. Therefore,
exists a rational basis for a finding of guilt it may only be withdrawn with permission of
based on his testimony. the court.

In addition, the judge must inform the Moreover, there is a presumption that the
accused of the exact length of imprisonment plea was made voluntarily. The court must
and the certainty that he will serve it at the decide whether the consent of the accused
national penitentiary or a penal colony. The was, in fact, vitiated when he entered his
judge must dispel any false notion that the plea.
accused may have that he will get off lightly
because of his plea of guilt.  X is charged with homicide. He
pleads guilty, but tells the judge “hindi
 Is it mandatory for the prosecution to ko sinasadya.” Is his plea valid?
present proof of aggravating No. In order to be valid, the plea of guilty
circumstances? must be unconditional. In this case, when X
said “hindi ko sinasadya,” he made a
qualified plea of guilty. This is not a valid right to counsel and to provide him with one
plea of guilty. A plea of not guilty should be in case he cannot afford it. The court must
entered instead. act on its own volition, unless the right is
 When a defendant appears without an waived by the accused.
attorney during arraignment, what
should the court do? On the other hand, during trial, it is the
The court has a four-fold duty: accused who must assert his right to
1. It must inform the defendant that he counsel. The court will not act unless the
has a right to an attorney before accused invokes his rights.
being arraigned;
2. After informing him, the court must  Can a non-lawyer represent the
ask the defendant if he desires to accused during arraignment?
have the aid of an attorney; No. During arraignment, it is the obligation
3. If he desires and is unable to employ of the court to ensure that the accused is
an attorney, the court must assign an represented by a lawyer because it is the
attorney de oficio to defend him; first time when the accused is informed of
4. If the accused desires to procure an the nature and cause of the accusation
attorney of his own, the court must against him. This is a task which only a
grant him a reasonable time therefor. lawyer can do.

 What is the reason for this four-fold But during trial, there is no such duty. The
duty? accused must ask for a lawyer, or else, the
The right to be heard would be of little avail right is deemed waived. He can even defend
if it does not include the right to be heard by himself personally.
counsel.
 May an accused be validly
 What is the effect of the failure of the represented by a non-lawyer at the
court to comply with these duties? trial?
It is a violation of due process. If the accused knowingly engaged the
services of the non-lawyer, he is bound by
 What is a counsel de oficio? the non-lawyer’s actions. But if he did not
Counsel de oficio is counsel appointed by the know that he was being represented by a
court to represent and defend the accused in non-lawyer, the judgment is void because of
case he cannot afford to employ one himself. the misrepresentation.

 Who can be appointed as counsel de  What are the duties of the pubic
oficio? attorney if the accused assigned to him
The court, considering the gravity of the is imprisoned?
offense and the difficulty of the questions
that may arise shall appoint as counsel de 1. He shall promptly undertake to obtain
oficio: the presence of the prisoner for trial,
1. such members of the bar in good or cause a notice to be served on the
standing person having custody of the
2. who by reason of their experience prisoner, requiring such person to
and ability, can competently defend advise the prisoner of his right to
the accused. demand trial.
2. Upon receipt of that notice, the
But, in localities where such members of the person having custody of the prisoner
bar are not available, the court may appoint shall promptly advise the prisoner of
any person who is: the charge and of his right to demand
1. a resident of the province trial. It at anytime thereafter, the
2. and of good repute for probity and prisoner informs his custodian that he
ability to defend the accused. demands such trial, the latter shall
cause notice to that effect to be sent
 What is the difference between the promptly to the public attorney.
duty of the court to appoint counsel de 3. Upon receipt of such notice, the
oficio during arraignment and during public attorney shall promptly seek to
trial? obtain the presence of the prisoner
During arraignment, the court has the for trial.
affirmative duty to inform the accused of his
 4. When the person having custody of and to plead intelligently thereto.
the prisoner receives from the public The court should order his mental
attorney a properly supported request examination and his confinement, if
for the availability of the prisoner for necessary.
purposes of the trial, the prisoner 2. If there exists a prejudicial question.
shall be made available accordingly. 3. If a petition for review of the
resolution of the prosecutor is
 What is a bill of particulars? pending either at the DOJ or the
It is a more specific allegation. A defendant Office of the President. However, the
in a criminal case who believes or feels that period of suspension shall not exceed
he is not sufficiently informed of the crime 60 days counted from the filing of the
with which he is charged and not in a petition for review.
position to defend himself properly and
adequately could move for a bill or  What is the test to determine whether
particulars or specifications. the insanity of the accused should
 What is the purpose of a bill of warrant the suspension of the
particulars? proceedings?
It is to allow the accused to prepare for his The test is whether the accused will have a
defense. fair trial with the assistance of counsel, in
spite of his insanity. Not every aberration of
 When can the accused move for a bill the mind or exhibition of mental deficiency is
of particulars? sufficient to justify suspension.
The accused must move for a bill of
particulars before arraignment. Otherwise,
the right is deemed waived.
RULE 117 MOTION TO QUASH
 What should be contained in the
motion for a bill or particulars?  When can the accused file a motion to
It should specify the alleged defects of the quash?
complaint or information and the details At any time before entering his plea, the
desired. accused may move to quash the complaint
or information.
 What is the right to modes of
discovery?  What is the form required for a
It is the right of the accused to move for the motion to quash?
production or inspection or material evidence
in the possession of the prosecution. It 1. It must be in writing.
authorizes the defense to inspect, copy, or 2. It must be signed by the accused or
photograph any evidence of the prosecution his counsel.
in its possession after obtaining permission 3. It must specify its factual and legal
of the court. grounds.

 What is the purpose of this right?  Can the court dismiss the case based
The purpose is to prevent surprise to the on grounds that are not alleged in the
accused and the suppression or alteration of motion to quash?
evidence. As a general rule, no. The court cannot
consider any ground other than those stated
 Is this right available during in the motion to quash. The exception is
preliminary investigation? lack of jurisdiction over the offense charged.
Yes, when indispensable to protect his If this is the ground for dismissing the case,
constitutional right to life, liberty, and it need not be alleged in the motion to quash
property. (Webb v. de Leon) since it goes into the very competence of the
court to pass upon the case.
 What are the grounds for suspending
arraignment?  What are the grounds that the
accused may invoke to quash a
1. If the accused appears to be suffering complaint or information?
from an unsound mental condition,
which renders him unable to fully 1. That the facts charged do not
understand the charge against him constitute an offense;
 2. That the court trying the case has no No. Denial of due process is not one of the
jurisdiction over the offense charged; grounds for a motion to quash.
3. That the court trying the case has no
jurisdiction over the person of the  X filed a motion to quash on the
accused; following grounds: that the court lacked
4. That the officer who filed the jurisdiction over the person of the
information had no authority to do accused and that the complaint charged
so; more than one offense. Can the court
5. That it does not conform substantially grant the motion on the ground of lack
to the prescribed form; of jurisdiction over the person of the
6. That more than one offense is accused?
charged except when a single No. A motion to quash on the ground of
punishment for various offenses is lack of jurisdiction over the person of the
prescribed by law (duplicitous); accused must be based only on this ground.
7. That the criminal action or liability If other grounds are included, there is a
has been extinguished; waiver, and the accused is deemed to have
8. That it contains averments which, if submitted himself to the jurisdiction of the
true, would constitute a legal excuse court.
or justification;
9. That the accused has been previously  What is the effect of an information
convicted or acquitted of the offense that was signed by an unauthorized
charged, or the case against him was person?
dismissed or otherwise terminated It is a VALID information signed by a
without his express consent. (double competent officer which, among other
jeopardy) requisites, confers jurisdiction over the
person of the accused and the subject
 X filed a motion to quash an matter of the accusation. Thus, an infirmity
information on the ground that he was in the information such as lack of authority
in the US when the crime charged was of the officer signing it cannot be cured by
committed. Should the motion be silence, acquiescence, express consent, or
granted? even amendment.
The motion should be denied. The accused
is already making a defense. Matters of  What happens if the defendant enters
defense are generally not a ground for a his plea before filing a motion to quash?
motion to quash. They should be presented By entering his plea before filing the motion
at the trial. to quash, the defendant waives FORMAL
objections to the complaint or information.
 What is meant by the statement that
“a motion to quash hypothetically But if the ground for the motion is any of the
admits allegations of fact in the following, there is no waiver. The ground
information”? may be raised at any stage of the
proceeding:
It means that the accused argues that 1. failure to charge an offense
assuming that the facts charged are true, 2. lack of jurisdiction over the offense
the information should still be dismissed 3. extinction of criminal liability
based on the ground invoked by the 4. double jeopardy
defendant. Therefore, since the defendant
assumes that the facts in the information are  How is criminal liability extinguished?
true, only these facts should be taken into Under Article 89 of the RPC, criminal liability
account when the court resolves the motion is extinguished by:
to quash. Other facts, such as matters of 1. death of the convict, and as to
defense, which are not in the information pecuniary penalties, liability therefor
should not be considered. Exceptions to this is extinguished only when the death
rule are when the grounds invoked to quash of the offender occurs before final
the information are extinction of criminal judgment;
liability, prescription, and former jeopardy. 2. service of sentence;
In these cases, additional facts are allowed. 3. amnesty;
 Can the accused move to quash on the 4. absolute pardon;
ground that he was denied due process? 5. prescription of the crime;
6. prescription of the penalty;
 7. marriage of the offended woman, as President.
provided in Article 344 of the RPC. Therefore, it
must be
 X and Y were charged with adultery. proved in
While the case was being tried, X died. court.
What happens to the criminal liability of EFFECT Abolishes Relieves the
X and Y? the offense offender
The criminal liability of X is extinguished. (looks from the
The criminal liability of Y subsists. The death backward) consequence
of one of several accused will not be a cause s of the
for dismissal of the criminal action as against offense
the other accused. (looks
forward)
 What is the effect of the death of the WHEN IT MAY Before or Only after
offended party on the criminal liability BE GRANTED after conviction by
of the accused? prosecutio final
Where the offense charged in a criminal n judgment
complaint or information is one against the  What is the effect of absolute pardon
state, involving peace and order, the death upon criminal liability?
of the offended party before final conviction Absolute pardon blots out the crime. It
of the defendant will not abate the removes all disabilities resulting from the
prosecution. Neither does the death of the conviction, such as the political rights of the
offended party in private crimes abate the accused.
prosecution.
 What is the effect of pardon by the
 What are the means by which criminal offended party upon criminal liability?
liability is partially extinguished? As a general rule, pardon by the offended
1. Conditional pardon party does not extinguish criminal liability.
2. Commutation of sentence Only civil liability is extinguished by express
3. For good conduct, allowances which waiver of the offended party.
the culprit may earn while he is
serving his sentence However, pardon granted before the
institution of the criminal proceedings in
 What are the distinctions between cases of adultery, concubinage, seduction,
pardon and amnesty? abduction, and acts of lasciviousness shall
extinguish criminal liability.
AMNESTY PARDON
TYPE OF Political Infractions of  What is the effect of marriage of the
OFFENSE offenses the peace offender with the offended party in
(common private crimes?
crimes) It shall extinguish the criminal action or
BENEFICIARY Classes of An individual remit the penalty already imposed. This
persons applies even to co-principals, accomplices,
CONCURRENC Necessary Not and accessories.
E OF necessary
CONGRESS However, where multiple rape is committed,
ACCEPTANCE Beneficiary Need for marriage of the offended party with one
need not distinct acts defendant extinguishes the latter’s liability
accept of and that of his accessories or accomplices for
acceptance a single crime of rape cannot extend to the
on the part other acts of rape.
of the
pardonee  If the offender in rape is the legal
JUDICIAL Courts Courts do husband of the offended party, how can
NOTICE take not take the husband’s criminal liability be
judicial judicial extinguished?
notice notice The subsequent forgiveness by the wife shall
because it because it is extinguish the criminal action or the penalty.
is a public a private act But the penalty shall not be abated if the
act of the marriage is void ab initio.
 judgment that the fact from which the civil
 Why is prescription a ground for a liability might arise did not exist.
motion to quash?
This is meant to exhort the prosecution not  What should the court do if the
to delay; otherwise, they will lose the right accused moves to quash the complaint
to prosecute. It is also meant to secure the or information on grounds that can be
best evidence that can be obtained. cured by amendment (ex: duplicitous)?
The court should order that the amendment
 What are the prescriptive periods of be made.
crimes?
 What should the court do if the
OFFENSE PRESCRIPTIVE accused moves to quash on the ground
PERIOD that the facts charged do not constitute
Punishable by 20 years an offense?
death, reclusion The court should give the prosecution the
perpetua, or opportunity to correct the defect by
reclusion temporal amendment. If the prosecution fails to make
Punishable by 10 years the amendment, or if, after it makes the
other afflictive amendment, the complaint or information
penalties still suffers from the same defect, the court
Punishable by 5 years should grant/sustain the motion to quash.
arresto mayor
Libel or other 2 years  What is the effect if a motion to quash
similar offenses is sustained?
Oral defamation 6 months The court may order that another complaint
and slander by or information be filed against the accused
deed for the same offense, except if the ground
Light offenses 2 months for sustaining the motion to quash is either:
1. extinguishment of the criminal liability
 Can the accused still raise of the accused, or
prescription as a defense even after 2. double jeopardy.
conviction? Can the defense of
prescription be waived? The grant of a motion to quash on these two
The accused can still raise prescription as a grounds is a bar to another prosecution for
defense even after conviction. The defense the same offense.
cannot be waived. This is because the If the order is made, the accused, if in
criminal action is totally extinguished by the custody, shall not be discharged unless
expiration of the prescriptive period. The admitted to bail.
State thereby loses or waives its right to
prosecute and punish it. If no order is made, or if no new information
was filed within the time specified by the
 What is the proper action of the court court, the accused, if in custody, shall be
when the accused raises the defense of discharged.
prescription?
The proper action for the court is to exercise  What is the remedy of the accused if
its jurisdiction and to decide the case upon the court denies his motion to quash?
the merits, holding the action to have The accused cannot appeal an order
prescribed and absolving the defendant. The overruling his motion to quash. This is
court should not inhibit itself because it does because an order denying a motion to quash
not lose jurisdiction over the subject matter is interlocutory; it does not dispose of the
or the person of the accused by prescription. case upon its merits. The accused should go
to trial and raise it as an error on appeal
 What is the effect of prescription of later.
the offense on the civil liability of the
accused?  What are the two kinds of jeopardy?
The extinction of the penal action does not
carry with it the extinction of the civil action 1. No person shall be twice put in
to enforce civil liability arising from the jeopardy for the same offense.
offense charged, unless the extinction
proceeds from a declaration in a final
 2. When an act is punished by a law and  X was charged with qualified theft. X
an ordinance, conviction or acquittal moved to dismiss on the ground of
under either shall constitute a bar to insufficiency of the information. The
another prosecution for the same case was dismissed. Subsequently, the
act. prosecution filed a corrected
information. Can X plead double
 What are the requisites for the jeopardy?
accused to raise the defense of double
jeopardy? No. The first jeopardy did not attach
because the first information was not valid.
To raise the defense of double jeopardy, the
following requisites must be present:  X was charged with theft. During the
1. a first jeopardy must have attached trial, the prosecution was able to prove
prior to the second; estafa. X was acquitted of theft. Can X
2. the first jeopardy must have been be prosecuted for estafa later without
validly terminated; placing him in double jeopardy?
3. the second jeopardy must be for
the same offense or the second Yes. For jeopardy to attach, the basis is the
offense includes or is necessarily crime charged in the complaint or
included in the offense charged in information, and not the one proved at the
the first information, or is an trial. In this case, the crime charged in the
attempt or a frustration thereof. first information was theft. X was therefore
placed in jeopardy of being convicted of
 What are the requisites for the first theft. Since estafa is not an offense which is
jeopardy to attach? included or necessarily includes theft, X can
1. Valid complaint or information still be prosecuted for estafa without placing
2. Court of competent jurisdiction him in double jeopardy.
3. Arraignment
4. Valid plea  The estafa case against X was
5. The defendant was acquitted, dismissed, but the dismissal contained a
convicted, or the case was dismissed reservation of the right to file another
without his express consent. action. Can another estafa case be filed
against X without placing him in double
 A crime was committed in Makati. jeopardy?
The case was filed in Pasay. When the
prosecution realized that the complaint Yes. To raise the defense of double
should have been filed in Makati, it filed jeopardy, the firs jeopardy must have been
the case in Makati. Can the accused validly terminated. This means that there
invoke double jeopardy? must have been either a conviction or an
acquittal, or an unconditional dismissal of the
No. The court in Pasay had no jurisdiction; case. A provisional dismissal, such as this
therefore, the accused was in no danger of one, does not validly terminate the first
being placed in jeopardy. The first jeopardy jeopardy.
did not validly attach.
Note, however, that in the second kind of
 For purposes of double jeopardy, jeopardy (one act punished by a law and an
when is a complaint or information ordinance), the first jeopardy can only be
valid? terminated either by conviction or acquittal,
and not by dismissal of the case without the
A complaint or information is valid if it can express consent of the accused.
support a judgment of conviction. It the
complaint or information is not valid, it  X was charged with theft. On the day
would violate the right of the accused to be of the trial, the prosecution could not go
informed of the nature and cause of the to trial because important witnesses
accusation against him. If he is convicted were unable to appear. Counsel for the
under this complaint or information, the accused moved to dismiss the case. The
conviction is null and void. If the conviction court dismissed the case provisionally.
is null and void, there can be no first Subsequently, X was charged with theft
jeopardy. again. Can X invoke double jeopardy?
No. The case was dismissed upon motion of grave abuse of discretion in dismissing the
counsel for the accused, so it was not case after the prosecution failed to appear
dismissed without his express consent. once. This is not a valid dismissal because it
Moreover, the dismissal was only provisional, deprives the prosecution of due process.
which is not a valid termination of the first When the judge gravely abuses his discretion
jeopardy. In order to validly terminate the in dismissing a case, the dismissal is not
first jeopardy, the dismissal must have been valid. Therefore, X cannot invoke double
unconditional. jeopardy.

 X was charged with slight physical  Distinguish between dismissal and

injuries. On his motion, the case was acquittal.
dismissed during the trial. Another case Acquittal is always based on the merits. The
for assault upon a person in authority accused is acquitted because the evidence
was filed against him. Can X invoke does not show his guilt beyond reasonable
double jeopardy? doubt. Dismissal does not decide the case
No. The first jeopardy was not terminated on the merits, nor does it determine that the
through either conviction, acquittal, or accused is not guilty. Dismissals terminate
dismissal without the express consent of X. the proceedings, either because the court is
The first case was dismissed upon motion of not a court of competent jurisdiction or the
X himself. Therefore, he cannot invoke evidence does not show that the offense was
double jeopardy. committed within the territorial jurisdiction
of the court, or the complaint or information
 X was charged with theft. During is not valid or sufficient in form and
trial, the evidence showed that the substance.
offense committed was actually estafa.
What should the judge do? The judge  When is a dismissal of the case, even
should order the substitution of the with the express consent of the
complaint for theft with a new one charging accused, equivalent to an acquittal,
estafa. Upon filing of the substituted which would constitute a bar to a
complaint, the judge should dismiss the second jeopardy? When is it not a bar
original complaint. to a second jeopardy?
A dismissal upon motion of the accused or
If it appears at any time before judgment his counsel negates the application of double
that a mistake has been made in charging jeopardy because the motion of the accused
the proper offense, the court shall dismiss amounts to express consent, EXCEPT:
the original complaint or information upon 1. if the ground is insufficiency of
the filing of a new one charging the proper evidence of the prosecution
offense. (demurrer to evidence), or
2. denial of the right to speedy trial.
 What are the requisites for a valid
substitution of a complaint or In these two cases, even upon motion of the
information? accused, the dismissal amounts to an
1. No judgment has been rendered; acquittal and would bar a second jeopardy.
2. The accused cannot be convicted of
the offense charged or any other But if the accused moves to dismiss on the
offense necessarily included in the following grounds, he can still be prosecuted
offense charged; for the same offense because he is deemed
3. The accused will not be placed in to have waived his right against a second
double jeopardy. jeopardy:
1. Lack of jurisdiction (Why? Because if
 X was charged with homicide. On the you move to dismiss on the ground of
first day of trial, the prosecution failed lack of jurisdiction, it means that you
to appear. The court dismissed the case could not have been validly convicted
on the ground of violation of the right of by that court. You are later estopped
the accused to speedy trial. X was later from claiming that you were in
charged with murder. Can X invoke danger of conviction).
double jeopardy? No. The first jeopardy 2. Insufficiency of complaint or
was not validly terminated. The judge who information (Same reason. You could
dismissed the case on the ground of violation not have been validly convicted under
of the right of X to speedy trial committed that defective information, so you are
 estopped from claiming that there jeopardy if he expressly consents to the
was a first jeopardy). dismissal.

 When will dismissal or termination of  X was charged with murder. The

the first case not bar a second prosecution moved to dismiss the case.
jeopardy? Counsel for X wrote the words “No
The conditions when dismissal or termination objection” at the bottom of the motion
will not place the accused in double jeopardy to dismiss and signed it. Can X invoke
are: double jeopardy later on?
1. The dismissal must be sought by the No. X is deemed to have expressly
defendant personally or through his consented to the dismissal of the case when
counsel; and his counsel wrote “No objection at the
2. Such dismissal must not be on the bottom of the motion to dismiss. Since the
merits and must not necessarily case was dismissed with his express consent,
amount to an acquittal. X cannot invoke double jeopardy.

 Before the prosecution could finish  X was charged with murder. After the
presenting its evidence, the accused prosecution presented its evidence, X
filed a demurrer to evidence. The court filed a motion to dismiss on the ground
granted the motion and dismissed the that the prosecution failed to prove that
case on the ground of insufficiency of the crime was committed within the
evidence of the prosecution. Can the territorial jurisdiction of the court. The
accused be prosecuted for the same court dismissed the case. The
offense again? Yes. There was no double prosecution appealed. Can X invoke
jeopardy because the court exceeded its double jeopardy? No. X cannot invoke
jurisdiction in dismissing the case even double jeopardy. The dismissal was upon his
before the prosecution could finish own motion, so it was with his express
presenting evidence. It denied the consent. Since the dismissal was with his
prosecution of its right to due process. express consent, he is deemed to have
Because of this, the dismissal is null and void waived his right against double jeopardy.
and cannot constitute a proper basis for a The only time when a dismissal, even upon
claim of double jeopardy. motion of the accuse, will bar a second
jeopardy is if it is based either on
 The prosecutor filed an information insufficiency of evidence or denial of the
against X for homicide. Before X could right of the accused to speedy trial. These
be arraigned, the prosecutor withdrew are not the grounds invoked by X, so he
the information, without notice to X. cannot claim double jeopardy.
The prosecutor then filed an information
against X for murder. Can X invoke  X was charged with homicide. X
double jeopardy? No. X has not yet been moved to dismiss on the ground that the
arraigned under the first information. court had no jurisdiction. Believing that
Therefore, the first jeopardy did not attach. it had no jurisdiction, the judge
A nolle prosequi or dismissal entered before dismissed the case. Since the court, in
the accused is placed on trial and before he fact, had jurisdiction over the case, the
pleads is not equivalent to an acquittal and prosecution filed another case in the
does not bar a subsequent prosecution for same court. Can X invoke double
the same offense. jeopardy? No. X is estopped from claiming
that he was in danger of being convicted
 If the accused fails to object to the during the first case, since he had himself
motion to dismiss the case filed by the earlier alleged that the court had no
prosecution, is he deemed to have jurisdiction.
consented to the dismissal? Can he still
invoke double jeopardy? No. Silence does  X was charged with homicide. The
not mean consent to the dismissal. If the court, believing that it had no
accused fails to object or acquiesces to the jurisdiction, motu propio dismissed the
dismissal of the case, he can still invoke case. The prosecution appealed,
double jeopardy, since the dismissal was still claiming that the court, in fact, had
without his express consent. He is deemed jurisdiction. Can X invoke double
to have waived his right against double jeopardy?
Yes. When the trial court has jurisdiction but Conviction for smoking opium bars
mistakenly dismisses the complaint or prosecution for illegal possession of the pipe.
information on the ground of lack of it, and He cannot smoke the opium without the
the dismissal was not at the request of the pipe.
accused, the dismissal is not appealable Theft of 13 cows at the same time and in the
because it will place the accused in double same place is only one act of theft.
jeopardy. Conviction for less serious physical injuries
bars prosecution for assault upon a person in
 X was charged with rape. X moved to authority.
dismiss on the ground that the
complaint was insufficient because it Reckless imprudence resulting in damage to
did not allege lewd designs. The court property and serious or less serious physical
dismissed the case. Later, another case injuries is only one offense. If it is slight
for rape was filed against X. Can X physical injuries, it can be broken down into
invoke double jeopardy? No. Like the two offenses, since a light offense cannot be
previous problem, X is estopped from complexed.
claiming that he could have been convicted
under the first complaint. He himself moved  X installed a jumper cable which
to dismiss on the ground that the complaint allowed him to reduce his electricity bill.
was insufficient. He cannot change his He was prosecuted for violating a
position and now claim that he was in danger municipal ordinance against
of being convicted under that complaint. unauthorized installation of the device.
He was convicted. Can he still be
 X was charged with murder, along prosecuted for theft?
with three other people. X was No. Under the second type of jeopardy,
discharged as a state witness. Can X be when an act is punished by a law and an
prosecuted again for the same offense? ordinance, conviction or acquittal under once
It depends. As a general rule, an order will bar a prosecution under the other. (But
discharging an accused as a state witness remember, that there has to be either
amounts to an acquittal, and he is barred conviction or acquittal. Dismissal without
from being prosecuted again for the same the express consent of the accused is not
offense. However, if he fails or refuses to sufficient).
testify against his co-accused in accordance
with his sworn statement constituting the  What are the exceptions to double
basis for the discharge, he can be jeopardy? When can the accused be
prosecuted again. charged with a second offense which
necessarily includes the offense charged
 Can a person accused of estafa be in the former complaint or information?
charged with violation of BP22 without The conviction of the accused shall not be a
placing him in double jeopardy? bar to another prosecution for an offense
Yes. Where two different laws define two which necessarily includes the offense
crimes, prior jeopardy as to one of the is no charged in the former complaint or
obstacle to a prosecution of the other information under any of the following
although both offenses arise from the same circumstances:
facts, if each crime involves some important
act which is not an essential element of the 1. the graver offense developed due to
other. Other examples: Illegal recruitment supervening facts arising from the
and estafa, illegal fishing and illegal same act or omission constituting the
possession of explosives, alarm and scandal former charge;
and illegal discharge of firearms, brigandage 2. the facts constituting the graver
and illegal possession of firearms, consented charge became known or were
abduction and qualified seduction. discovered only after a plea was
entered in the former complaint or
But take note of the following: information;
3. the plea of guilty to the lesser
Possession of a shotgun and a revolver by offense was made without the
the same person at the same time is only consent of the prosecutor and the
one act of possession, so there is only one offended party except if the offended
violation of the law. party fails to appear at the
arraignment.
 which includes the previous offense. The
 What is the doctrine of supervening exceptions are:
fact? 1. if the dismissal of the first case was
If, after the first prosecution, a new fact made upon motion or with the
supervenes on which the defendant may be express consent of the defendant,
held liable, altering the character of the unless the grounds are insufficiency
crime and giving rise to a new and distinct of evidence or denial of the right to
offense, the accused cannot be said to be in speedy trial;
second jeopardy if indicted for the new 2. if the dismissal is not an acquittal or
offense. based upon consideration of the
evidence or of the merits of the case;
 X was charged with frustrated and
homicide. There was nothing to 3. the question to be passed upon by
indicated that the victim was going to the appellate court is purely legal so
die. X was arraigned. Before trial, the that should the dismissal be found
victim dies. Can X be charged with incorrect, the case would have to be
homicide? remanded to the court of origin for
It depends. If the death of the victim can be further proceedings to determine the
traced to the acts of X, and the victim did guilt or innocence of the accused.
not contribute to his death with his
negligence, X can be charged with homicide.  What is the effect of the appeal by the
This is a supervening fact. But if the act of X accused?
was not the proximate cause of death, he If the accused appeals, he waives his right
cannot be charged with homicide. against double jeopardy. The case is thrown
wide open for review and a penalty higher
 X was charged with reckless than that of the original conviction could be
imprudence resulting in homicide and imposed upon him.
was acquitted. The heirs of the victim
appealed the civil aspect of the  What should the accused do if the
judgment. X claims that the appeal will court denies the motion to quash on the
place him in double jeopardy. Is X ground of double jeopardy?
correct? He should plead not guilty and reiterate his
No. There was no second jeopardy. What was elevated defense of former jeopardy. In case of
on appeal was the civil aspect of the case, not the conviction, he should appeal from the
criminal aspect. The extinction of criminal liability judgment, on the ground of double jeopardy.
whether by prescription or by the bar of double
 When can a case be provisionally
jeopardy does not carry with it the extinction of civil
dismissed?
liability arising from the offense charged. A case can only be dismissed provisionally if
the accused expressly consents, and with
notice to the offended party. Provisional
 X was charged with murder and was dismissal does not place the accused in
acquitted. Can the prosecution appeal double jeopardy. But, ff the accused objects
the acquittal? to the provisional dismissal, a revival of the
No. The prosecution cannot appeal the case would place him in double jeopardy.
acquittal, since it would place the accused in  When does the provisional dismissal
double jeopardy. become final?
Even if the decision of acquittal was The provisional dismissal of offenses
erroneous, the prosecution still cannot punishable by imprisonment exceeding 6
appeal the decision. It would still place the years or a fine of any amount shall become
accused in double jeopardy. permanent after 1 year without the case
having been revived.
 When can the prosecution appeal
despite the dismissal or termination of For offenses punishable by imprisonment of
the case? more than 6 years, the provisional dismissal
As a general rule, the dismissal or shall become permanent after 2 years
termination of the case after arraignment without the case having been revived.
and plea of the defendant to a valid
information shall be a bar to another After the provisional dismissal becomes final,
prosecution for the same offense, an attempt the accused cannot be prosecuted anymore.
or frustration thereof, or one included or
 Q: What must the order for pre-trial conference
J. PRE-TRIAL (RULE 118) contain?
1. MATTERS TO BE CONSIDERED DURING PRE-TRIAL A: It must contain orders:
Q: When is pre-trial held? 1. Requiring the private offended party to appear
A: After arraignment & within thirty (30) days from the thereat for purposes of plea-bargaining & for other
date the court acquires jurisdiction over the person of matters requiring his presence;
the accused unless a shorter period isprovided by 2. Referring the case to the branch clerk of court, if
special laws or circulars of the Supreme Court (Sec. 1, warranted, for a preliminary conference to be set at
Rule 118). least three (3) days prior to the pre-trial to mark the
Note: When the accused is under preventive detention, documents or exhibits to be presented by the parties &
wherein his case shall be raffled & records transmitted copies thereof to be attached to the records after
within 3 days from the filing of the complaint or comparison & to consider other matters as may aid in
information. The accused shall be arraigned within 10 its prompt disposition; &
days from the date of the raffle [Sec. 1(d), Rule 116]. 3. Informing the parties that no evidence shall be
Pre-trial in criminal cases is mandatory. allowed to be presented & offered during the trial other
than those identified & marked during the pre-trial
Q: Give three distinctions between a pre-trial in a except when allowed by the court for good cause
criminal case & a pre-trial in a civil case. shown. In mediatable cases, the judge shall refer the
A: Pre-trial in Civil Pre-trial in Criminal Cases parties & their counsel to the Philippine Mediation
Cases Center unit for purposes of mediation if available (A.M.
The presence of the The accused is merely required No. 03-1-09-SC).
defendant is required to sign the written agreement
unless he is duly arrived at in the pre-trial Q: What is the form of a valid pre-trial agreement?
represented at the conference, if he is in A: The pre-trial agreement must be in writing & signed
pre-trial conference conformity therewith. Unless by both the accused & his counsel. If the required form
by his counsel with otherwise required by the is not observed, the pre-trial agreement cannot be used
the requisite court, his presence therefore is against the accused (Sec. 2, Rule 118).
authority to enter not indispensable. Note: The agreements covering the matters in the pre-
into a compromise Note: This is aside from the trial conference shall be approved by the court.
agreement. Failing in consideration that the accused
either of which, the may waive his presence at all Q: What are the matters considered during pre-trial?
case shall proceed as stages of the criminal action, A:
if the defendant has except at the arraignment, 1. Plea bargaining;
been declared in promulgation of judgment or 2. Stipulation of facts;
default. when required to appear for 3. Marking for identification of evidence of parties;
identification. 4. Waiver of objections to admissibility of evidence;
The presence of the The presence of the private 5. Modification of the order of the trial if one of the
plaintiff is required offended party is not required. accused admits the charge but interposes a lawful
unless excused Instead, he is priorly required defense (reverse trial); &
therefrom for valid to appear at the arraignment 6. Such other matters as will promote a fair &
cause or if he is of the accused for purpose of expeditious trial of the civil & criminal aspects of the
represented therein plea bargaining, determination case (Sec. 1).
by a person fully of civil liability & other matters
authorized in writing requiring his presence. Note: During the preliminary conference, the branch
to perform the acts Should he fail to appear clerk of court shall assist the parties in reaching a
specified in Sec. 4, therein & the accused offers to settlement of the civil aspect of the case, mark the
Rule 18. plead guilty to a lesser offense documents to be presented as exhibits & copies thereof
Absent such necessarily included in the attached to the records after comparison, ascertain
justification, the case offense charged, the accused from the parties the undisputed facts & admissions on
may be dismissed may be allowed to do so with the genuineness & due execution of documents marked
with or without the conformity of the trial as exhibits & consider such other matters as may aid in
prejudice. prosecutor alone. the prompt disposition of the case. The proceedings
A pre-trial brief is The filing of a pre-trial brief is during the preliminary conference shall be recorded in
required with the not required. It only requires the minutes of preliminary conference to be signed by
particulars & the attendance at a pre-trial both parties & counsel.
sanctions provided by conference to consider the The minutes of preliminary conference & the exhibits
Sec. 6, Rule 18. matters stated in Sec. 1, Rule shall be attached by the branch clerk of court to the
118. (1997 Bar Question) case record before the pre-trial (A.M. No. 03-1-09-SC).

Q: What is plea bargaining?

A: Plea bargaining is the process whereby the accused, 1. issue an order which contains the plea bargaining
the offended party & the prosecution work out a arrived at;
mutually satisfactory disposition of the case subject to 2. proceed to receive evidence on the civil aspect of the
court approval. It usually involves the defendant’s case; &
pleading guilty to a lesser offense or to only one or 3. render & promulgate judgment of conviction,
some of the counts of a multi- count indictment in including the civil liability or damages duly established
return for a lighter sentence than that for the graver by the evidence (A.M. No. 03-1-09-SC).
charge.
3. PRE-TRIAL AGREEMENT
Q: When is plea bargaining not applicable? Q: What is pre- trial agreement?
A: Violations of the Dangerous Drugs Act regardless of A: All agreements or admissions made or entered into
the imposable penalty. during the pre- trial conference shall be reduced to
writing & signed by the accused & counsel, otherwise
Q: What shall the court do if the plea bargaining fails? the same shall not be used un evidence against the
A: The court shall: accused.
1. Adopt the minutes of preliminary conference as part
of the pre-trial proceedings, confirm markings of Q: What are the requisites before a pre- trial
exhibits or substituted photocopies & admissions on the agreement may be used as evidence?
genuineness & due execution of documents & list object A: 1. They are reduced to writing;
& testimonial evidence; 2. The pre-trial agreement is signed by the accused &
2. Scrutinize every allegation of the information & the his counsel
statements in the affidavits & other documents which
form part of the record of the preliminary investigation 4. NON- APPEARANCE DURING PRE-TRIAL
& other documents identified & marked as exhibits in
determining farther admissions of facts, documents & Q: What is the effect of non-appearance of counsel for
in particular as to the following: the accused or the prosecutor during the pre-trial
a. The identity of the accused; without valid justification?
b. Court’s territorial jurisdiction relative to the A: The court may impose proper sanctions or penalties
offense/s charged; in the form of reprimand, fines or imprisonment if he
c. Qualification of expert witness; does not offer an acceptable excuse for his lack of
d. Amount of damages; cooperation (Sec. 3, Rule 118).
e. Genuineness & due execution of documents; Note: These sanctions are not applicable on the
f. The cause of death or injury, in proper cases; accused, because to include him among the mandatory
g. Adoption of any evidence presented during the parties to appear might violate his constitutional right
preliminary investigation; to remain silent.
h. Disclosure of defenses of alibi, insanity, self-
defense, exercise of public authority & justifying or 5. PRE-TRIAL ORDER
exempting circumstances; & Q: What is pre-trial order?
i. Such other matters that would limit the facts in A: It is an order issued by the court reciting the actions
issue. taken, the facts stipulated & the evidence marked
3. Define factual & legal issues; during the pre-trial conference. Such order binds the
4. Ask parties to agree on the specific trial dates & parties & limits the trial to those matters not disposed
adhere to the flow chart determined by the court which of (Sec. 4).
shall contain the time frames for the different stages of Q: When shall the trial judge issue a pre-trial order &
the proceeding up to promulgation of decision & use what are its contents?
the time frame for each stage in setting the trial dates; A: It must be issued within ten (10) days after the
5. Require the parties to submit to the Branch COC the termination of the pre-trial. It shall set forth the
names, addresses & contact numbers of witnesses that following:
need to be summoned by subpoena; & 1. Actions taken during the pre-trial conference;
2. Facts stipulated;
6. Consider modification of order of trial if the accused
admits the charge but interposes a lawful defense (A.M. 3. Admissions made;
No. 03-1-09-SC). 4. Evidence marked; &
5. Number of witnesses to be presented & the schedule
2. WHAT THE COURT SHOULD DO WHEN of trial (Sec. 4).
PROSECUTION & OFFENDED PARTY AGREE TO THE
PLEA OFFERED BY THE ACCUSED 6. REFERRAL FOR SOME CASES FOR COURT ANNEXED
Q: What is the effect if the prosecution & the offended MEDIATION & JUDICIAL DISPUTE RESOLUTION
party agree to the plea offered by the accused? (A·M. No, 11-1-6-SC-PHILJA)
A: The court shall: Q: What is the purpose of Court Annexed Mediation &
Judicial Dispute Resolution?
A: The diversion of pending court cases both to Court- 6. The civil aspect of estafa, theft & libel;
Annexed Mediation (CAM) & to Judicial Dispute 7. All civil cases & probate proceedings, testate &
Resolution(JDR) is plainly intended to put an end to intestate, brought on appeal from the exclusive &
pending litigation through a compromise agreement of original jurisdiction granted to the first level courts
the parties & thereby help solve the ever-pressing under Section 33, par. (1) of the Judiciary
problem of court docket congestion. It is also intended Reorganization Act of 1980;
to empower the parties to resolve their own disputes & 8. All cases of forcible entry & unlawful detainer
give practical effect to the State Policy expressly stated brought on appeal from the exclusive & original
in the ADR Act of 2004 (R.A. No. 9285), to wit: jurisdiction granted to the first level courts under
“to actively promote party autonomy in the Section 33, par. (2) of the Judiciary Reorganization Act
resolution of disputes or the freedom of the parties of 1980;
to make their own arrangement to resolve (9) All civil cases involving title to or possession of real
disputes. Towards this end, the State shall property or an interest therein brought on appeal from
encourage & actively promote the use of the exclusive & original jurisdiction granted to the first
Alternative Dispute Resolution (ADR) as an level courts under Section 33, par.(3) of the Judiciary
important means to achieve speedy & impartial Reorganization Act of 1980; 13 &
justice & de-clog court dockets.” (10) All habeas corpus cases decided by the first level
courts in the absence of the Regional Trial Court judge,
Q: What are the three stages of diversion of cases to that are brought up on appeal from the special
Court Annexed Mediation & Judicial Dispute jurisdiction granted to the first level courts under
Resolution? Section 35 of the Judiciary Reorganization Act of 1980.
A:
1.The first stage is the Court-Annexed Mediation (CAM) Q: What are those cases which cannot be referred to
where the judge refers the parties to the Philippine Court Annexed Mediation & Judicial Dispute
Mediation Center (PMC) for the mediation of their Resolution?
dispute by trained & accredited mediators. A: The following cases shall not be referred to CAM &
2. Upon failing to secure a settlement of the dispute JDR:
during the first stage, a second attempt is made at the 1. Civil cases which by law cannot be compromised
JDR stage. There, the JDR judge sequentially becomes a (Article 2035, New Civil Code);
mediatorconciliator- early neutral evaluator in a 2. Other criminal cases not covered under paragraphs 3
continuing effort to secure a settlement. Still failing that to 6 above;
second attempt, the mediator-judge must turn over the 3. Habeas Corpus petitions;
case to another judge (a new one by raffle or 4. All cases under Republic Act No. 9262 (Violence
nearest/pair judge) who will try the unsettled case. The against Women & Children); &
trial judge shall continue with the pre-trial proper and, 5. Cases with pending application for Restraining
thereafter, proceed to try & decide the case. Orders/Preliminary Injunctions. However, in cases
3. The third stage is during the appeal where covered covered under 1, 4 & 5 where the parties inform the
cases are referred to the PMC-Appeals Court Mediation court that they have agreed to undergo mediation on
(ACM) unit for mediation. some aspects thereof, e.g., custody of minor children,
separation of property, or support pendent lite, the
Q: What are the cases covered by Court Annexed court shall refer them to mediation.
Mediation & Judicial Dispute Resolution?
A: The following cases shall be 1) referred to Court- Q: What is the duration of mediation in the Philippine
Annexed Mediation (CAM) & 2) be the subject of Mediation Center?
Judicial Dispute Resolution (JDR) proceedings: A: The Mediator shall have a period of not exceeding
1. All civil cases & the civil liability of criminal cases thirty (30) days to complete the mediation process.
covered by the Rule on Summary Procedure, including Such period shall be computed from the date when the
the civil liability for violation of B.P. 22, except those parties first appeared for the initial conference as stated
which by law may not be compromised; in the Order to appear. An extended period of another
2. Special proceedings for the settlement of estates; thirty (30) days may be granted bythe court, upon
3. All civil & criminal cases filed with a certificate to file motion filed by the Mediator, with the conformity of
action issued by the Punong Barangay or the Pangkat the parties.
ng Tagapagkasundo under the Revised Katarungang
Pambarangay Law; Q: What is the effect of the referral of the case to CAM
4. The civil aspect of Quasi-Offenses under Title 14 of & JDR?
the Revised Penal Code; A: The period during which the case is undergoing
5. The civil aspect of less grave felonies punishable by mediation shall be excluded from the regular &
correctional penalties not exceeding 6 years mandatory periods for trial & rendition of judgment in
imprisonment where the offended party is a private ordinary cases & in cases under summary proceedings.
person;
Q: What is the procedure after the parties reached a which the case was originally raffled shall conduct the
settlement? JDR proceedings & trial.
A: If full settlement of the dispute is reached, the Despite the non-mediatable nature of the principal
parties, assisted by their respective counsels, shall draft case, like annulment of marriage, other issues such as
the compromise agreement which shall be submitted to custody of children, support, visitation, property
the court for judgment upon compromise or other relations & guardianship, may be referred to CAM & JDR
appropriate action. to limit the issues for trial.
Where compliance is forthwith made, the parties shall 4. COMMERCIAL, INTELLECT PROPERTY &
instead submit a satisfaction of claims or a mutual ENVIRONMENTAL COURTS- Unless otherwise agreed
withdrawal of the case and, thereafter, the court shall upon as provided below, the JDR proceedings in areas
enter an order dismissing the case. If partial settlement where only one court is designated as
is reached, the parties shall, with the assistance of commercial/intellectual property/environmental court,
counsel, submit the terms thereof for the appropriate hereafter referred to as special court, shall be
action of the court, without waiting for resolution of the conducted by another judge through raffle & not by the
unsettled part. judge of the special court. Where settlement is not
In relation to the unsettled part of the dispute, the court reached, the judge of the special court shall be the trial
shall proceed to conduct JDR proceedings in accordance judge. Any incident or motion filed before the pre-trial
withPART THREE where JDR is available. stage shall be dealt with by the special court that shall
refer the case to CAM.
Q: What is the remedy if the case is not resolved Notwithstanding the foregoing, before commencement
during JDR? of the JDR proceedings, the parties may file a joint
A: written motion requesting that the special courts to
1. MULTIPLE SALA COURT- If the case is not resolved which the case was originally raffled shall conduct the
during the JDR, the case shall be raffled to another JDR proceedings & trial.
branch for the pre- trial proper up to judgement.
For cases with pending applications for restraining Q: May a case be referred to JDR even during trial?
orders/preliminary injunctions, the judge to whom the A: YES. Cases may be referred to JDR even during the
case was raffled shall rule on the said applications. trial stage upon written motion of one or both parties
During the pre-trial stage, the judge refers the case to indicating willingness to discuss a possible compromise.
CAM, but if the parties do not settle at CAM, the case If the motion is granted, the trial shall be suspended &
will be raffled to another branch for JDR. If the parties the case referred to JDR, which shall be conducted by
do not settle at JDR, the case will be returned to the another judge through raffle in multiple sala courts.
branch that ruled on the applications for the pre-trial
proper & up to judgment. Q: What is the duty of the court if settlement is
2. SINGLE SALA COURT- Unless otherwise agreed upon reached during the JDR?
as provided , the JDR proceedings will be conducted by A: If settlement is reached during JDR, the JDR court
the judge of the pair court, if any, otherwise, by the shall take appropriate action thereon, i.e.
judge of the nearest court as determined by the approval/disapproval of the compromise agreement. If
concerned Executive Judge. The JDR proceedings shall settlement is not reached at JDR, the case shall be
be conducted at the station where the case was returned to the referring court for continuation of trial.
originally filed. The result of the JDR proceedings shall In single sala courts, the JDR shall be conducted by the
be referred to the court of origin for appropriate action, nearest court (or pair court, if any) regardless of the
e.g. approval of the compromise agreement, trial, etc. level of the latter court. The result of the JDR
Notwithstanding the foregoing, before the proceedings shall be referred to the court of origin for
commencement of the JDR proceedings, the parties appropriate action, e.g. approval of the compromise
may file a joint written motion requesting that the court agreement, trial, etc.
of origin conduct the JDR proceedings & trial. The parties may, by joint written motion, despite
3. FAMILY COURTS- Unless otherwise agreed upon as confidential information that may be divulged during
provided below, the JDR proceedings in areas where JDR proceedings, file a request that their case be not
only one court is designated as a family court, shall be transferred to other courts for JDR & that they agree to
conducted by a judge of another branch through raffle. have the trial judge continue the trial should the case
However, if there is another family court in the same not be settled through JDR.
area, the family court to whom the case was originally
raffled shall conduct JDR proceedings & if no settlement
is reached, the other family court shall conduct the pre- The prosecutor in the criminal action may make such an
trial proper & trial. application in behalf of or for the protection of the
Notwithstanding the foregoing, before commencement interest of the offended party.
of the JDR proceedings, the parties may file a joint
written motion requesting that the family court to
Note: The Public prosecutor has the authority to apply
for preliminary attachment as may be necessary to
protect the interest of the offended party.

Q: Is notice to the adverse party required before a writ

of preliminary attachment may issue?
A: No notice to the adverse party, or hearing on the
application is required before a writ of preliminary
attachment may issue as a hearing would defeat the
purpose of the provisional remedy. The time which such
hearing would take could be enough to enable the
defendant to abscond or dispose of his property before
a writ of attachment may issue (Mindanao Savings etc v.
Court of Appeals, 172 SCRA 480)
Note: The only requirements for the issuance of a writ
of preliminary attachment are: the affidavit and bond of
the applicant.

Q: When may attachment be availed?

A: Attachment may be availed of ONLY when the civil
action arising from the crime has not been expressly
waived or not reserved and is limited on the following
instances:
1. When the accused is about to abscond from the
Philippines;
2. When the criminal action is based on a claim for
money or property embezzled or fraudulently
misapplied or converted for the use of the accused who
is a public officer or a corporate officer or an attorney,
broker, or agent or clerk in the course of employment
or by a person in fiduciary capacity;
3. When the accused has concealed or removed or
about to dispose of his property; and
4. When the accused resides abroad.