RULE 112 Amendments (Difference)

PRELIMINARY INVESTIGATION Not Amended Circular No. 015 (Amended)

- is an inquiry or proceeding to determine whether there is
sufficient ground to engender a well-founded belief that a crime Threshold Period
has been committed and the respondent is probably guilty thereof 4 Years 2 months, 1 day 6 years and 1 day
and should be held for trial.
Quantum of Evidence
- It is a mere inquiry; it does not involve examination of witnesses Probable Cause Prima facie evidence with
by way of direct or cross examination. reasonable certainty of conviction

- It is not the occasion for a full and exhaustive display of Mode of Preliminary Investigation
prosecution’s evidence. Face-to-face Virtual
- The right to preliminary investigation is a statutory right not a Threshold Period
constitutional right and may be invoked only if specifically Coverage – The conduct of Preliminary investigation proceeding shall
created by stature. However, it now became a component of due be required for crimes or offenses where the penalty prescribed by law
process in criminal justice. is at least 6 years and 1 day without regard to fines.
- When granted by the statute, the right is not mere formal or Quantum of Evidence
technical right. It is a substantive right, therefore, to deny it means The investigating prosecutor may motu proprio, at any stage
depriving the accused of full measure of his right to due process. of the proceeding, dismiss the complaint if there is no prima facie
evidence with reasonable certainty of conviction.
- May be waived for failure to invoke the right prior to the time of The quantum of evidence is met when the prosecutor is
the plea. convinced that the entirety of evidence by the parties is
1. Admissible
- Hearsay evidence is admissible as long as there is substantial 2. Credible
basis for crediting the hearsay. 3. Capable of being preserved and presented to establish
all elements of crime or identity of the person
- PROBABLE CAUSE -Existence of such facts as would lead a responsible.
person of ordinary caution and prudence to entertain an honest
and strong suspreliminary investigationcion that the person AUTHORITY TO CONDUCT PRELIMINARY INVESTIGATION
charged is guilty of the crime subject of the investigation. a) Prosecution Attorneys (Those does not meet 5 years of
o More than bare suspreliminary investigationcion experience of practicing law)
but less than evidence to justify conviction b) Mentioned under R.A No. 10071
c) Other officers mentioned by law.
WHEN NOT REQUIRED:
1. Filing the complaint or information directly with the MTC State Prosecutors (National) or prosecutors assigned at the
2. Filing the complaint with the office of prosecutor Office of the Secretary of Justice Prosecution Staff shall have
national jurisdiction over all crimes or offenses involving
- If judge finds probable cause. he shall issue a warrant of arrest. 1. National Security
- If he was already arrested, issue a commitment order instead. 2. All criminal cases for which task force have been
- The judge may not issue if he is satisfied that there is no necessity for created
placing the accused under custody. 3. All criminal cases in which the venue were transferred
to avoid a miscarriage of justice
PURPOSE 4. When so directed by the Secretary of Justice as public
1. To inquire concerning the commission of a crime and the interest may require.
connection of the accused with it. In order that he may be
informed of the nature and character of the crime charged City, Provincial, Regional Prosecutors and their Assistants
against him, and, if there is a probable cause for believing shall have jurisdiction over crimes, offenses, or violations of
him guilty, that the State shall take the necessary steps to ordinances, cognizable by proper courts in their respective
bling him to trial. territorial jurisdiction.
2. To preserve the evidence and keep the witness within the
control of the State. Other officers mentioned by law.
3. To determine the amount of bail, if the offense is bailable. a. Commission on Eletion - has the power to conduct
4. Free respondent from the inconvenience, expense, ignominy, preliminary investigation of all election offenses punishable
and stress of defending himself during formal trial. under Omnibus Election Code
b. Office of the Ombudsman has the authority to investigate
NATURE (EXECUTIVE DEPARTMENT) and prosecute on its own or on complaint by any person.
- Prosecution of crimes lies with the executive department and the c. Presidential Commission on Good Governance - with the
conduct of preliminary investigations and determination of assistance of the Solicitor General and other government
probable cause in the function of public prosecutor. agencies is empowered to investigate, file, and prosecute
- Preliminary Investigation - Public prosecutor. cases involving ill-gotten wealth.
- Preliminary Examination – Judge for the purpose of issuing
warrant of arrest. Judicial determination of probable cause
When preliminary investigation is not required even if the offense RULE 113 ARREST
is higher than 6 years 1 day: Arrest - is the taking of a person into custody in order that he may be
bound to answer for the commission of an offense.
1. Valid warrantless arrest
- Inquest proceedings will be proper - A submission to the custody of the person making the arrest
- However, such person may ask for Preliminary investigation already constitutes arrest.
before the complaint is filed but he must sign a waiver IN - If at the time of the apprehension a crime has already been
WRITING of the provisions of Article 125 of RPC in the presence committed, It must be based on PROBABLE CAUSE.
of the counsel. - Probable cause must be based on PERSONAL KNOWLEDGE by
- Even if complaint has already been filed, The person may still ask the arresting officer
for PRELIMINARY INVESTIGATION WITHIN 5 DAYS -
FROM THE TIME HE LEARNS OF ITS FILING. Requisites for the Issuance of Warrant of Arrest
- Such person may still apply for bail even after waiver of Art 125. 1. Probable cause
- Any person in custody who is not yet charged in court may apply 2. Personally examined by the judge
for bail. 3. Person shall be particularly described
- It is filed and issued by the court in the province, city where the
person arrested is held - Probable cause is more than suspicion but less than evidence that
would justify conviction.
- Questioning the regularity or absence of preliminary investigation - The judge is not required to personally examine the complainants
shall be done before he enters plea or else deemed waived. and his witnesses. He is only mandated to PERSONALLY
- Application of bail does not bar him from questioning the validity EXAMINE AND EVALUATE THE REPORT AND THE
of preliminary investigation SUPPORTING DOCUMENTS submitted by the fiscal.
- Absence of preliminary investigation is not one of the grounds for - Personal determination means that he should not solely rely on
motion to quash. the report of the investigating officer
- If before plea it was objected, the court shall not dismiss the case. - No hearing de novo in the determination of probable cause in the
It shall hold in abeyance the case and remand it to the prosecutor issuance of warrant of arrest
to conduct the preliminary investigation. - The person making an arrest shall inform the person of the cause
- Absence of preliminary investigation does not affect court’s and the fact that a warrant has been issued for his arrest. It shall
jurisdiction over the case. not be required when:
1. Flees
INQUEST PROCEEDINGS - Conducted when a person is lawfully 2. Forcibly resists
arrested without warrant involving even also an offense which requires 3. Imperils the arrest
a preliminary investigation.
- Inquest is conducted by public prosecutor - The office need not have the warrant of arrest at the time of the arrest
- Should it be found that the arrest was properly affected, the - The arrest warrant shall be shown to him as soon as practicable or
officer shall ask if he desires to avail himself of preliminary when the person arrested so requires.
investigation. - Person arresting has the authority to orally summon as many persons
- The inquest conducted must be for the offense for which the as he deems necessary to assist him in effecting the arrest
detainee was arrested. - Every person is required to give assistance except if it will be
detrimental to himself
STEPS IN PRELIMINARY INVESTIGATION - Officer has the authority to break into any building or enclosure in
1. Filing of the complaint with the investigating prosecutor case he is refused admittance after announcing his authority and
2. The investigating officer has 10 days to decide whether purpose
a. Dismiss the complaint
b. Issue subpoena to respondent in case he finds the VALID WARRANTLESS ARREST:
need to continue with the investigation. 1. In flagrante Delicto - In his presence, the person to be arrested
3. The respondent shall be required to submit his counter- has committed, is committing or is attempting to commit an
affidavit offense
a. The respondent who receives the subpoena is not 2. Hot Pursuit - Offense has just been committed and he has
allowed to file MD in lieu of counter affidavit probable cause to believe based on his personal knowledge of the
b. If the respondent did not submit counter affidavit, facts or circumstances that the person to be arrested commit it.
The investigating officer shall resolve the 3. Escapee - When the person to be arrested is a prisoner who has
complaint based on the evidence presented by the escaped from a penal establishment or place where he is serving
complainant. final judgment or is temporarily confined while his case is
c. This is the same effect of an ex parte investigation pending or has escaped while being transferred from one
4. A hearing may be set up by the investigating officer - Parties confinement to another.
can be present in the hearing but they have no right to
examine or cross examine each other or witnesses. - - Public officer or private person (Citizen’s Arrest) may effect
Clarificatory hearing is discretionary such arrest
5. Within 10 days from the termination of the hearing the - A bondsman may arrest an accused for the purpose of
prosecutor must decide. surrendering him to court.
- An accused released on bail may be re-arrested without a
The complaint-affidavit shall state, among others, warrant if he attempts to depart from the PH without permission
- the names and addresses of the parties of the court.
- the date and place where the alleged crime or offense or
violation of the ordinance was committed
- and a statement of the facts of how the crime or offense
or violation of the ordinance was committed.
IN FLAGRANTE DELICTO be based on probable cause which means actual belief or reasonable
- Mere suspicion and reliable information are not justifications grounds of suspicion
- The accused must perform some overt act that would indicate that
he has committed, is actually committing or is attempting to - Act of the accused of trying to get away coupled with the incident
commit an offense. report is enough to raise a reasonable suspicion on the part of the
REQUISITES OF IN FLAGRANTE DELICTO police.
1. Overt act indicating that he has just committed, is actually
committing or is attempting to commit a crime - The right to break into building or enclosure can be performed only
2. Done in the presence or within the view of the arresting by PUBLIC OFFICERS. Not an individual.
officer/individual
- Arrest may be made on any day and at any time of the day or night
SITUATIONS:
1. Officers received a tip from an informer that the accused was on RIGHTS OF THE PERSON ARRESTED:
board an IDENTIFIED vessel on a particular time and date was 1. Assisted by counsel at all times
carrying drugs. The accused was descending of the ship and the 2. Right to remain silent
officers arrested him. 3. To be informed of the above rights
• INVALID ARREST. No overt act done in the presence. The 4. To be visited by the immediate members of his family, by his
officers could have obtained a warrant since they had at least counsel or by any non-governmental organization national
2 days to apply for the same still they failed to acquire such or international
warrant (PEOPLE VS AMINNUDIN)
- Counsel shall be independent and competent
- Reliable information alone without an overt act done in the presence - In absence of a lawyer, no custodial investigation shall be conducted
of the arresting officer - NOT IN FLAGRANTE DELICTO - Any waiver of Art 125 shall be in writing and signed by the person
arrested in the presence of his counsel otherwise void.
- Mere allegation that the person is moving fast and is looking at every - Any extrajudicial confession made shall also be in writing and signed
person is not sufficient. by the person arrested in the presence of his counsel or in the latter’s
absence, upon a valid waiver, and in the presence of any of the parent’s
- Mere looking from side to side and clutching his abdomen and older brothers and sisters, spouse, municipal mayor, municipal judge,
walking in a clear light of day - NOT IN FLAGRANTE DELICTO district school supervisor or priest, minister of the gospel as chosen by
him.
- Even when in the surveillance of the police but at the time of the - Otherwise, INADMISSIBLE
arrest, no overt act was committed- NOT VALID WARRANTLESS
ARREST Custodial Investigation - Shall include the practice of issuing an
invitation to a person who is investigated in connection with an offense
- In a Bus trip, the accused placed her bag ON THE BACK SEAT he is suspected to have committed without prejudice to the liability of
instead of the normal practice of placing it by her side. Since it is the inviting officer for any violations of law.
unusual for a traveler to do that, SUSPICION OF THE AGENT WAS
AROUSED. He then inserted his finger inside and felt another plastic -If arresting officer shall fail to inform a person of his rights - LIABLE
from which emanated the smell of marijuana. THERE WAS VALID UNDER RA 7438
WARRANTLESS ARREST (People vs Anita Claudio)
- Any person who obstructs, prevents or prohibits a person to be visited
- Police officers with Barangay tanods were conducting surveillance by the people entitled to visit - liable under RA 7438
operations in a bus station to check on persons who may be engaging
in the traffic of dangerous drugs based on the informers. They noticed - The legality of an arrest affects only Jurisdiction over the person
a person who was acting suspiciously. Dangerous drugs were found.
- VALID WARRANTLESS ARREST because the officers - Waiver of an illegal warrantless arrest does not mean a waiver of the
wren faced by an on the spot information which required inadmissibility of the evidence seized.
them to act swiftly. (PEOPLE VS TANGLIBEN)
- An application to bail shall not bar a person to challenge the validity
- Confidential reports from the informers of the transport of marijuana. of his arrest provided that he raises it before plea.
Officers set ups checkpoint. A jeepney were identified by the informers
manning the checkpoint. Drugs were seized. - VALID ARREST - If challenges validity of arrest first time on appeal - DEEMED
(People VS Maspil) WAIVED.

- In Aminnudin, It was invalid search because the officers were aware - VALIDITY OF ARREST MUST BE QUESTIONED BEFORE HE
of the identity of the accused and the vessel taking and they had ENTERS PLEA. Or else WAIVED.
sufficient time to get the warrant. In Maspil, they had no exact
description of the vehicle and no definite time of arrival. - It must be raised in a MOTION TO QUASH

HOT PURSUIT REQUIREMENTS: PERSON NOT SUBJECT TO ARREST

1. That the offense has just been committed 1. Senator or member of HOR in all offenses punishable by
2. The person making the arrest has personal knowledge of NOT MORE THAN 6 YEARS OF IMPRISONMENT while
facts indicating that the person arrested committed it. congress is in session.
2. Under generally accepted principles of international law,
- If made one year after the offense was committed - ILLEGAL Sovereigns, other chiefs of state, Ambassadors, Ministers
ARREST Plenipotentiary, Ministers Resident, Charge De Affaires
- This does not require that the arresting officers personally witnessed 3. Duly accredited ambassadors, public ministers of foreign
the commission with their own eyes. Personal knowledge of facts must country and their duly registered domestics.
RULE 126 SEARCH AND SEIZURE - Search warrant must name the person who occupies the described
Search Warrant - An order in writing issued in the name of the people premises.
of the Philippines signed by a judge and directed to a peace officer - “The apartment house occupied by Manuel Estrada at San Jose,
commanding him to search for personal property described therein and 2nd Story of white house” was ruled by the SC as identifying the
bring it before the court. particular unit to be searched.
- John Doe warrant is allowed as an exception. The best possible
- Issued under police power description of the person must be stated in the warrant. It must be
- Power is exclusively vested with the trial judge sufficient to indicate clearly on whom it is to be served by stating
- A search may follow an arrest but the search must be incident to his occupation, personal appearance and peculiarities and the
a lawful arrest place of his residence.
- Probable cause to arrest is not probable cause to search - The person can be identified by a name which others use in calling
him even if it is not his real name. The description of the person
WHERE TO FILE SEARCH WARRANT: with certainty to identify him and set him apart from others is
- It must be filed before any court within whose territorial jurisdiction enough to lend validity of warrant.
a crime was committed.
General warrants - do not describe things to be seized with the
- Exceptions: required particularity.
1. Application may be made before any court within the - General warrants are prohibited by the rules. Things to be
Judicial region where the time was committed if the place of seized shall be particularly described
the commission of the crime is known - It must be particularly described that it leaves nothing to the
2. Any court within the judicial region where the warrant shall discretion of the officer who conducts the search.
be enforced
3. Made inly in the court where the criminal action is pending - “Papers showing or tending to show the trafficking of
if already filed. cocaine” is a general warrant

If Involving Heinous Crimes, Illegal Gambling, Dangerous Drugs - - Description like “stolen materials”, “Obscene materials” or
and Illegal Possession of Firearms: “other articles of merchandise too numerous to mention” are
held inadequate.
1. Executive judge and vice executive judges of RTC of Manila and
Quezon City filed by: - “Books of accounts, financial records, vouchers, journals,
1. PNP, correspondence, receipts, ledgers, portfolios, and other
2. NBI documents and papers showing all business transactions” is
3. Philippine Anti-Organized Crime Task Force (PAOC TF) too broad and general. (Stonehill VS Diokno)
4. Reaction Against Crime Task Force (REACT TF)
- “Television sets, video cassette recorders, rewinders, take head
- Such Search warrants may be served outside manila
cleaners, accessories, equipment, and other machines used or
- Assistant heads of such agencies may validly endorse
intended to be used in the unlawful reproduction of video
- Application for SW shall be heard ex parte
tapes” held inadequate by the court. (20th Century Fox VS
CA)
PERSONAL PROPERTY SUBJECT OF SEARCH WARRANT:
1. Subject of the offense
2. Stolen or embezzled and other proceeds or fruits of offense - High degree of particularity is required to those books or other
3. Used or intended to be used as a means of committing an materials not yet been adjudged obscene.
offense.
- Only personal property described therein may be seized by authorities - General warrant was allowed as an exception when a more
specific description of the things to be seized is not available.
REQUISITES FOR ISSUANCE OF A SEARCH WARRANT: - “Unlicensed firearms of various calibers and ammunitions
1. There must be probable cause in connection with one specific for the said firearms” was held ADEQUATE by the SC.
offense The officers had no way of knowing the caliber unless they
2. Presence of probable cause is to be determined by the judge get close to the weapons.
personally
3. The determination by the judge must be made after an - The law does not require that the property to be seized
examination under oath of the complainant and the witnesses he should be owned by the person against whom the search
may produce. warrant is directed. It is sufficient that he has control and
4. Warrant must specifically describe the place to be searched and possession
the things to be seized which may be made anywhere in the PH.
- Where a warrant was limited only to a store as described,
- After a judge has issued a warrant, he is not precluded to it does not extend to the apartment units located at the back
subsequently quash the same if he finds upon reevaluation of the of the store.
evidence that no probable cause exists - A warrant includes the authority to open closets, drawers,
- The probable cause must be shown to be within the personal chests, and containers.
knowledge of the complainants and witnesses and not based on
hearsay - Search warrant does not extend to the authority to search all
- The examination must be in the form of searching questions and persons in the place.
answers
- The statements must be in writing and under oath - Validity of search warrant is for 10 days from its date.
- Description of the place to be searched is sufficient if the officer Thereafter it shall be VOID.
can without reasonable effort ascertain and identify the place
intended and distinguish it from other places.
 - Search Warrant shall be served in daytime. As an exception o Search of vessel and aircraft
the warrant may insert a direction that it may be served at o Inspection of buildings and other premises for enforcement
any time of the day or night. of fire, sanitary and building regulations
- The search shall be made in the presence of the lawful
occupant of the premises, or any member of the lawful REQUISITES OF PLAIN VIEW:
occupant’s family or in the presence of 2 witnesses of 1. Prior valid intrusion based on valid warrantless arrest
sufficient age and discretion residing in the same locality 2. Evidence was inadvertently discovered by the police who
have the right to be where they are
- The officer may break open any outer or inner door when 3. Immediately apparent
refused admittance after knocking and announcing his 4. Plain view justified the seizure without further search
purpose.

- The officer must deliver the property seized and must make Warrantless search incidental to a lawful arrest
a true inventory verified under oath. - Arrest must precede the search. Cannot be reversed.
- The scope of the search shall be limited to:
- Violation to such shall constitute CONTEMPT OF COURT. a) Dangerous weapons
b) Anything used in the commission of an offense
- Objection concerning the issuance of warrant shall be made
c) Constitute proof in the commission of an offense.
before his plea or else waived.

- Motion to quash a SW shall be filed in the court where the - The search is not only limited to the person lawfully arrested. It
action has been instituted. is also extended within the permissible area within the latter’s
reach or area of his immediate control.
- If not yet instituted, In the court that issued it.
- If accused was brought out of the room with hands tied, a
- Legality of search warrant can only be contested by the party
whose rights have been impaired thereby. It is purely locked cabinet could no longer be considered as part of area
personal, and it cannot be availed by third parties. within his immediate control

ARREST WARRANT SEARCH WARRANT - A full search means searching any property associated with the
Seizure of person Search of things arrestee’s body like clothing, jewelry, watches and others
attached to the person.
The judge must have Requires facts to show that
sufficient facts that would particular things connected
MOVING VEHICLES
tend to show that a crime with a crime are found in a
has been committed by that specific - Because it is not practicable to secure a warrant because the
particular person location vehicle can be quickly moved out of the locality or jurisdiction
- It is enough that there is probable cause to believe prior to the
No personal examination Personal examination on search that they would find the instrumentality or evidence
on the complainant the complainant and his pertaining to a crime in the vehicle searched.
witnesses
CHECK POINTS
May be made any day and Generally served at day
at any time of the day time unless there is a - Under exceptional circumstances, as where the survival of
direction in the warrant organized government is on the balance, or where the lives and
that it may be served AT safety of the people are in grave peril, checkpoints may be
ANY TIME OF THE DAY allowed.
OR NIGHT - It is limited to visual search.
- The vehicle is neither searched nor its occupants subjected to
body search
- Managers and officers of the corporation has the legal
personality to question the validity of a search on the things BUY BUST OPERATION
owned by the corporation - It is a form of entrapment legally employed by peace officers as an
- Rule 65 (certiorari) is a proper remedy when there is grave abuse effective way of apprehending drug dealers in the act of committing
of discretion an offense.
- Search Warrant is not needed (In Flagrante Delicto)
SEARCH AND SEIZURE MAY BE ALLOWED EVEN
WITHOUT SEARCH WARRANT WHEN: ENTRAPMENT INSTIGATION
o Warrantless search incidental to a lawful arrest Employment of such ways and Means by which the accused is
means for the purpose of lured into the commission of the
o Seizure of evidence in plain view trapping or capturing a offense charged in order to
o Search on moving vehicle lawbreaker prosecute him
o Consented Criminal intent originated from Criminal intent originated from
o Customs search the accused the instigator
o Stop and frisk or Terry Searches Not a defense Absolutory cause
o Emergency circumstances
TESTS IN ENTRAPMENT OPERATIONS - Police apprehended a person with reddish eyes walking in a
Subjective test - The focus is on the intent or predisposition of the swaying manner. - stop and frisk
accused to commit a crime.
Objective Test - Focus is on the particular conduct of law enforcement TERRY SEARCH / STOP AND SEARCH INCIDENT TO
or their agents. FRISK LAWFUL ARREST
- PH adopts Objective test Not a full arrest There is a full arrest
- The details of the purported buy bust operation must be Does not require probable Probable cause must exist
clearly and adequately shown. cause. Mere reasonable belief
- A bond to ensure the return of the seized items has no basis in law.
Starting from the initial contact up until apprehension.
- The manner of the police officers is the one subject of strict CONSENTED SEARCH
scrutiny - It must be voluntary, unequivocal, specific and intelligently given
- Prior surveillance before buy bust operations is not required. uncontaminated by any force or duress.
- Non recording of the buy bust operation in the police blotter will - A peaceful submission is not consent but is merely a
not affect the validity of the operations DEMONSTRATION OF REGARD FOR THE SUPREMACY
OF THE LAW.
PLAIN VIEW DOCTRINE
- Permits an officer while lawfully engaged in an activity and REQUISITES TO A VALID WAIVER
lawfully present in a particular place, to seize an apparently illicit a) Right exists
object without obtaining a warrant b) Person involved had knowledge of the existence of the right
c) Actual intention to relinquish the right
- When the object was inside a closed package, object is not in
plain view. EFFECT OF ILLEGAL SEARCH (FRUIT OF THE POISONOUS
TREE DOCTRINE)
- If the package is such that an experienced observer could infer - Any evidence obtained in violation of the constitution, or the rules
from its appearance that it contains the prohibited article, then it shall be inadmissible.
is deemed in plain view. - Such may be quashed through Motion to quash the search warrant
or motion to suppress the evidence.
- The item must be incriminating and must also be
IMMEDIATELY APPARENT CIVIL DAMAGES
- May be filed in a separate action based on the concept of
- There must be inadvertence. The officer must not have known in independent civil action for violations of person’s right to be
advance the location of the evidence and discovery is not secure in his persons, house, papers and effects.
anticipated.
RULE 114 BAIL
Bail is a security given for the release of the person in custody of law
- Plain view doctrine does not apply where the police officers did
furnished by him or a bondsman to guarantee his appearance before
not just accidentally discover the evidence but actually searched
any court as required under certain specified conditions.
for it.
Bondsman - Furnishes the security
- During gun ban, Police officers caught a person who has gun
tucked in his waist. -There is valid search and seizure. - Purpose of bail is to guarantee the appearance of person before
any court when so required.
- There was report of a shooting accident. The police saw a firearm
after the accused opened his car. -Valid search - Right to bail is a constitutional right. It is personal and waivable

TERRY SEARCHES OR STOP AND FRISK - It springs from the presumption of innocence until proven guilty
- Two parts. The stop and the frisk beyond reasonable doubt.
- A valid STOP by officer requires that he has a reasonable and
articulable belief that criminal activity has happened or is about
- Bail is not intended to cover the civil liability of the accused
to happen

- FRISK made after the stop must be done because of - It may be applied to the payment of fine and costs while the excess
REASONABLE BELIEF that person stopped is in possession of if any shall be returned to the accused or to whoever made the
a weapon that will pose a danger to the officer or others. deposit.
o Frisk MUST be a mere pat down outside the person’s
outer garment and not unreasonably intrusive. - Granting of bail has no impact to civil liability

- Probable cause IS NOT REQUIRED - All prisoners whether preventive or final judgment, cannot
- Mere Reasonable belief or Genuine reason that a crime has taken practice their profession nor engage in any business or
place or is about to take place. occupation, hold office, elective or appointive while in detention

- Before an officer stops a person, the act must be justified by - Presumption of innocence does not carry with it full enjoyment of
concrete facts pointing at the least towards a possible criminal civil and political rights
activity.
KINDS OF BAIL
- There must be a SPECIFIC AND ARTICULABLE FACTS. 1. BAIL AS A MATTER OF RIGHT
Mere suspicion is not sufficient 2. BAIL AS A MATTER OF DISCRETION
- When charged with offenses punishable by Reclusion Perpetua
 - Evidence of guilt is strong - NOT BAILABLE BAIL TO GUARANTEE APPEARANCE OF MATERIAL
- Evidence of guilt is not strong - BAILABLE WITNESS
- Suspension of privilege of writ of habeas corpus does not impair the - A material witness may be required by the court to post bail if the
right to bail court is satisfied that he will not testify when required.
- No distinction as to political complexion or moral turpitude - If he refuses to post bail, The court may commit him to prison until
involved. he complied.
- A person in custody of the law may post for bail even if he is not
EVIDENT PROOF - Clear, strong evidence which leads a well- yet charged in court.
guarded dispassionate judgment to the conclusion that the offense has - The application for bail shall be made with any court in the
been committed as charged and that the accused is guilty and that he province where the person is arrested.
will probably be punished capitally
- MTC Judge has no authority to grant bail to the accused arrested
PRESUMPTION GREAT - Inference of guilt naturally to be drawn outside his territorial jurisdiction
therefrom is strong, clear and convincing to an unbiased judgment and
excludes all reasonable probability of any other conclusion. - Failure of the accused to appear at the trial without justification
- The word strong does not mean proof beyond reasonable doubt. despite due notice shall be deemed a waiver on his right to be
- The bail shall not be excessive in such a way that it becomes present and TRIAL MAY PROCEED IN ABSENTIA
meaningless
- There is no right to bail in the Military - The grant of bail shall not be conditioned upon the prior
arraignment of the accused. Arraignment is not a necessary
BAIL IN EXTRADITION PROCEEDINGS element for bail.
- Bail does not apply to extradition proceedings because they do
not render judgments of conviction or acquittal
- Application for bail in a case involving an offense punishable by
- Extradition proceeding is not criminal in nature.
reclusion perpetua to death may also be heard even before accused
is arraigned.
EXCEPTION: After the extradite has been arrested it may be granted
bail provided:
A. Once granted bail, the applicant will not be a flight risk - Person may apply for bail the moment he is deprived of his liberty
or danger to the community by virtue of arrest of voluntary surrender.
B. There exist special, humanitarian and compelling
circumstances FORMS OF BAIL:
- Extradition is an executive not a judicial responsibility 1. CORPORATE SURETY - Furnished by a domestic or foreign
- PH jurisprudence has not limited the exercise of right to bail to corporation duly licensed as a surety and authorized to act as such
criminal proceedings. It can be applied to administrative subscribed jointly by the accused and the officer of the
proceedings like deportation corporation duly authorized by the BOD

- The right of the prospective extradited to apply for bail must be 2. PROPERTY BOND - Constituted as a lien on the real property
viewed in the light of the various treaty obligations of the PH given as a security for the amount of bail. Within 10 days from
concerning respect for the promotion of human rights. approval the accused shall cause the annotation on the COT.
Within 10 days from the performance, Accused shall submit
BAIL IN DEPORTATION PROCEEDINGS compliance to the court.
- Grant of bail is only discretionary and not mandatory on the part Requisites for Property Bond:
of the Commissioner of Immigration 1. Resident owner of real estate within PH
- Power and discretion is granted to the Commissioner of 2. Real estate must be worth at least the amount of bail
Immigration and not to the courts.
- Bail may be furnished by the applicant or a bondsman - Every surety is also required to justify in an affidavit taken
before the judge that he possesses the qualifications of a surety
OBLIGATIONS AND RIGHTS OF BONDSMAN - No bail shall be approved unless surety is qualified.
- Shall surrender the accused to the court for execution of final
judgment 3. CASH DEPOSIT - Accused or any person in his behalf may
- The Bondsman may arrest him, or upon written authority cause deposit in cash with the nearest collector of internal revenue or
him to be arrested by a police officer or any other person of municipal, city or provincial treasurer or the clerk of court where
suitable age. the case is pending the amount fixed.
- An accused released on bail may be rearrested without the A judge is not authorized to receive cash deposits
necessity of a warrant of arrest if he attempts to depart from the
PH without permission of the court 4. RECOGNIZANCE - Obligation of record entered into before
- Bail cannot be availed by someone outside the custody of the some court duly authorized to take it, with the condition to do
law. some particular act.
- A fugitive may not apply for bail unless he gives himself up first - It may be on the recognizance of the accused or other
to the custody of law. responsible person.

UNDER THE CUSTODY OF LAW - Arrested or voluntarily RECOGNIZANCE MAY BE PROPER WHEN:
surrendered himself. 1. Offense charged is for violation of ordinance, light felony or
- A person in hospital may be deemed in custody of law if he clearly criminal offense, the imposable penalty which DOES NOT
communicates his submission EXCEED 6 MONTHS IMPRISONMENT AND/OR 2K FINE.
2. in custody for a period to or more than the minimum of the
imposable principal penalty without application to ISLAW. The
court may either grant release on his own recognizance or reduced
bail.
 - If punishable only by prision correccional - MATTER OF
3. When accused applied for probation pending finality of RIGHT regardless of circumstance
judgment - Presence of high degree of probability that the defendant will
4. Youthful offender abscond only entitles the judge the increase the bail. not to
5. Summary procedure when the accused has been arrested for reject it.
failure to appear when required.
WHEN BAIL IS NOT A MATTER OF RIGHT:
- The inability of the accused to secure bail in a certain amount is not 1. Charged with an offense punishable by Reclusion Perpetua, Life
solely to be considered and this fact alone does not make it excessive Imprisonment, Death
- If evidence is strong - NOT ADMITTED
- Judge shall consider the following factors but are not limited to: - If Not strong - May be admitted.
o Financial ability
o Nature 2. When convicted in RTC of an offense not punishable by
o Penalty Reclusion Perpetua, Life Imprisonment, Death
o Character or reputation - Hearing shall be conducted. It summary in nature
o Age, health - -If bail is denied: REMEDY: CERTIORARI RULE 65
o Weight of evidence
o Probability of appearing to court - The application for bail may be filed with the trial court even if
o Forfeiture of other bail notice of appeal has already been filed provided that the court has
o Pendency of other cases not yet transmitted the original record to the appellate court
o If already transmitted, File with the appellate court.
- Bail shall be effective upon approval and unless cancelled shall
remain in force at all stages of the case until promulgation of judgment - If the decision of trial court convicting the accused changed the
of RTC irrespective of whether the case was originally filed in or nature of the offense from Non bailable to bailable, The application
appealed to it. for bail can only be filed and resolved by the APPELLATE
COURT
- Bail bond posted by the accused can only be used during the 15-day
period to appeal and not during the entire period of appeal. EVEN IF THE PENALTY IMPOSED IS ONLY ABOVE 6
YEARS, BAIL SHALL BE DENIED IF:
1. Recidivist, quasi recidivist, HD or reiteration
INSTANCES WHERE BAIL IS NOT REQUIRED 2. Escapee
- If person has been in the custody for a period equal to or more 3. Committed an offense while on probation, parole or conditional
than the possible maximum imprisonment - RELEASED pardon
IMMEDIATELY 4. Probability of flight if released on bail
o Destierro - 30 days 5. Undue risk that he will commit a crime

- In cases filed in MTC for offense punishable by imprisonment of - It is still discretionary. Absence of any circumstance will not
less than 4yr,2m,1day, and the judge is satisfied that there is no warrant automatic grant
necessity for placing the accused under the custody of the court,
HE MAY ISSUE SUMMONS ONLY INSTEAD OF WARRANT - No cancelation or denial of bail ex parte. There should be notice
OF ARREST.
o IN SUCH CASE, BAIL IS NOT REQUIRED.
Summary hearing - Brief and speedy method of receiving and
- If charged with the violation of municipal ordinance, light felony with considering the evidence of guilt as practicable and consistent with the
penalty not higher than 6 months or fine of 2k. purpose of hearing which is merely to determine whether the evidence
is strong for the purposes of bail.
o EXCEPT:
1. In flagrante delicto - Even if it is bailable but the probability of escape is great, the
2. Confesses the commission of the offense court may deny the bail
3. Escapee
4. Recidivism, Habitual delinquent, Guilty of Reiteracion - The evidence presented during the bail hearing shall be
5. Commits an offense while on parole or conditional automatically reproduced at the trial
pardon
6. Pardoned for at least 2 times. Capital offense - Punished by death
- It is determined by the penalty imposable and not penalty
INSTEAD OF BAIL, They are required to report to clerk of imposed
court every 2 weeks - The amendatory of 9346 extends only to the application of death
penalty but not the definition of classification of crimes
WHEN BAIL IS NOT ALLOWED: - Thus, the reckoning penalty shall not be death anymore. It shall
1. Reclusion perpetua and guilt is strong be from Reclusion perpetua. Death is not anymore included in
2. After judgment of conviction has become final the graduation of penalties
3. Commencement of sentence
WHERE TO FILE APPLICATION FOR BAIL
WHEN BAIL IS A MATTER OF RIGHT: 1. Court where the case is pending
1. Before and after conviction by MTC 2. If arrested in a province, city or municipality other than where the
2. Before conviction by RTC of an offense not punishable by death, case is pending - FILE IN ANY RTC OF SAID PLACE
reclusion perpetua, life imprisonment 3. When Bail is a matter of discretion: Where pending
4. In custody but not yet charged: Any court in the province where
he is held
- Even if already admitted to bail, it may be increased or reduced EQUIPOSE RULE - Where the evidence in a criminal case is evenly
by the court. balanced, the constitutional presumption of innocence tilts the scales
in favor of the accused.
- If originally released without bail, he may be required later to post - It is basic constitutional right of the accused persons to be
bail informed of the nature and cause of accusation against them

- If he fails to appear in person as required, his bail shall be declared - Qualifying and aggravating circumstances shall be alleged
FORFEITED.
- Minor variance between the information and the evidence does
- The bondsman shall be given 30 days within which to produce not alter the nature of the offense nor does it determine or qualify
their principal and to show cause why no judgment should be the crime of the penalty.
rendered against them - Failure to file a motion to quash the information cannot amount
to a waiver of the constitutional right to be informed.
- Failing in this requirement, a Judgment shall be rendered against
bondsmen jointly and severally for the amount of bail. - In Criminal cases, the right of an accused to be assisted by a
member of the bar is immutable. Even if the judgment has become
- Judgment against the bondsmen cannot be entered unless such final and executory, it may still be recalled and the accused be
judgment is preceded by an order of forfeiture and opportunity afforded of the opportunity to be heard.
given to the bondsmen to produce the accused or to adduce reason
for their inability - Any person arrested, detained or under custodial investigation
shall at all times be assisted by counsel.
- Order of Forfeiture is interlocutory
CUSTODIAL INVESTIGATION - Where the police investigation us
CANCELLATION OF BAIL no longer a general inquiry into an unsolved crime but has begun to
Upon application of the bondsman with due notice to the prosecutor focus on a particular suspect taken into the custody by the police who
upon: carry out process of interrogation that lends itself to elicit incriminating
1. Surrender of the accused statement
2. Proof of death
3. The bail may also be deemed automatically cancelled upon: - It shall include the practice of issuing an invitation to a person
4. Acquittal, Dismissal or execution of judgment of conviction who is investigated in connection with an offense he is suspected
to have committed.
RULE 115 RIGHTS OF THE ACCUSED
1. To be presumed innocent until contrary is proven beyond - Custodial investigation report shall be in writing
reasonable doubt
2. To be informed of the nature and cause of the accusation - If the person arrested does not know how to read and write, it shall
3. To be present and defend in person and by counsel at every stage be read and adequately explained to him by his counsel in the
language or dialect known to him. If it is not done, it shall be null
of proceedings
and void.
4. To testify as witness on his own behalf
5. To be exempt from being compelled to be a witness against - In absence of any lawyer, no custodial investigation shall be
himself. conducted.
6. To confront and cross-examine the witnesses against him at the
trial - Failure to inform the suspect of her right to counsel during
7. To have compulsory process issued to secure the attendance of custodial investigation attains significance only if the person
witnesses and production of other evidence in his behalf. under investigation makes a confession in writing without aid of
8. To have speedy, impartial and public trial. counsel
9. To appeal in all cases allowed and, in the manner, prescribed by
- The suspect must also be advised that he has the option to reject
la the counsel provided for him by the police authorities

PRESUMPTION OF INNOCENCE - The moment a police officer tries to elicit admissions or

- It prevails over presumption of regularity in the performance confessions or even plain information from a suspect, the latter at
this juncture be assisted by counsel unless he waives this right in
- Proof beyond reasonable doubt is indispensable to overcome the writing and in the presence of the counsel
constitutional presumption of innocence

- Proof beyond reasonable doubt does not mean such a degree of - A police line up is not part of the custodial investigation
proof as, excluding possibility of error, produces conviction in
an unprejudiced mind. - Barangay chairman is not deemed a law enforcement officer.
Suspect’s uncounseled statement before the barangay chairman is
- Mere moral certainty is required. admissible.

- Prosecution must rest on its own merits and must not rely on the - The choice of counsel by the accused is not a plenary one. If
weakness of the defense chosen counsel deliberately makes himself scarce, the court is not
precluded from appointing a de officio counsel.
- The court shall review the totality of evidence presented by the
parties. It should not confine itself to oral testimony during the - Right to counsel may be waived but it must be in writing and
trial signed in the presence of a counsel
 - Absence of clerk of court or stenographer should not affect the
- Competent or independent lawyer should be present from the prompt disposition of cases. The incompleteness of the transcript
beginning to end, at all stages of interview, counseling or advising of stenographic notes is not a ground for delay
caution reasonably at every turn of the investigation
Jurisprudence rules that prescribing the time within which certain acts
- If fans to meet the qualifications of being competent and be done are ABSOLUTELY INDISPENSABLE to the prevention of
independent, Confession shall be inadmissible needless delays. However, this right is flexible in nature. Delay shall
be considered in view of the entirety of the proceedings.
- If the participation of the lawyer was confined to the notarization
- A dismissal based on violation of speedy trial is equivalent to an
of the confession alone, it is not the assistance that the law
acquittal and double jeopardy may attach even if the dismissal is
contemplates
with consent of the accused.
RIGHT TO COUNSEL IN ADMINISTRATIVE CASES
- To exercise right to speedy trial, the accused should ask for the
- It is not indispensable irrespective of the nature of charges and of
trial of the case first instead of moving for its dismissal outrightly
respondent’s capacity to represent himself
Guidelines to determine violation of right to speedy trial:
- Extrajudicial confession must be made with voluntariness and
1. Length of delay
that it was given freely and without any coercion.
2. Reason
3. Assertion or failure to assert such right by the accused
REQUISITES OF EXTRAJUDICIAL CONFESSION UNDER
4. Prejudice
CUSTODIAL INVESTIGATION
- In writing and signed by the person arrested.
APPROACHES TO SPEEDY TRIAL
- Signed in the presence of his counsel or in the latter’s absence,
- Fixed time period - Constitution requires a criminal defendant
upon a VALID WAIVER
to be offered a trial within a specified period
- The waiver must be signed in the presence of any of the parents,
- Demand waiver rule - A defendant waives any consideration
elder brothers, and sisters, spouse, the municipal mayor,
of his right to speedy trial for any period prior to which he has
municipal judge, district school supervisor, or priest
not demanded trial
- Balancing Test - conduct of both the prosecution and
- Admissions made without assistance of the lawyer are
defendant are weighed.
inadmissible
- An extrajudicial confession made by an accused shall not be
PRIVILEGE AGAINST SELF INCRIMINATION
sufficient ground for conviction unless corroborated by evidence
- No person shall be compelled to be a witness against himself.
of corpus delicti
- The court may not extract from a defendant’s own lips and against
- The accused’s confession to a bantam bayan is inadmissible in
his will an admission of his guilt
evidence if done without the assistance of a counsel
- It may be waived. It is not self-executing and not automatic. It must
- Bantay bayan are recognized by the local government to perform
be claimed.
functions relating to the preservation of peace and order at the
- It must be raised in response to each specific inquiry, or it is waived.
barangay level
- It does not give the witness to disregard a subpoena or decline an
appearance before the court
RIGHT TO SPEEDY TRIAL
- It only applies to natural persons
CONSTI: All persons shall have the right to a speedy disposition of
- The papers and effects which the privilege protects must be the
their cases before all judicial, quasi judicial or administrative bodies
private property of the person claiming the privilege or at least in his
- Defined as one free from vexatious, capricious and oppressive
possession in a purely personal capacity
delays, its purpose being to assure that an innocent person may
- A labor union cannot refuse to produce books and records in his
be free from the anxiety and expense of court litigation.
custody
- The privilege protects a person from testimonial compulsion or
- It is flexible. It depends upon the circumstances
evidence of a communicative nature.
- Although a speedy determination of an action or proceeding NOT IN THE SCOPE OF THE PRIVILEGE AGAINST SELF-
implies a speedy trial, speed is not the chief objective of a trial. A INCRIMINATION
genuine respect for the rights of all the parties is more important 1. Withdrawal of blood for testing
2. Wear particular clothing
- Right extends to both parties 3. Line up, repeating words, fingerprinting, photography pr
measurements to write or speak for identification, to stand,
- It is violated when the proceedings are attended by vexatious, assume a stance, walk, make particular gesture (are not
capricious and oppressive Delays part of the protected right. It may be validly done. (mere
mechanical acts))
- It took them 4 years to finish the preliminary investigation. SC:
The respondent was prejudiced by the delay.
- Delay of 6 years by the Ombudsman in resolving the criminal - The prohibition against self-incrimination applies to the use of
action violated the right to speedy trial physical or moral compulsion to extort communications from him.
- A judge’s illness should not be an excuse for his failure to render NOT AN EXCLUSION OF HIS BODY AS EVIDENCE.
the corresponding decision
- A heavy work load due to additional work as acting presiding - If it is merely a compulsion to exhibit his physical characteristics, not
judge in other courts is not a sufficient justification for the delay part of the privilege.
because judges are allowed to file extensions in deciding cases.
- Court rejected a claim of privilege when the accused in a criminal STATE WITNESS PROGRAM
action for acts of lasciviousness was stripped of his clothing after his If granted, the court shall order the discharge and expulsion of the
arrest and in his body was found a substance consistent with gonorrhea. accused from the information

- Obtaining DNA Samples will not violate the right against self- RIGHT TO DEFEND HIMSELF
incrimination Upon motion, The accused may be allowed by the court to defend
- Forced re-enactments come within the ban against self- himself in person when it sufficiently appears to the court that he can
incrimination properly protect his rights without the assistance of counsel
- Writing is not a purely mechanical act because it requires
application of intelligence and attention. Compelling a person to - Absence without justifiable reason -Waiver of the right to be
write for the purpose of comparing it with the handwriting in a present
document is not allowed. It is within the scope of the prohibition - If an escapee, he shall be deemed to be have waived his right to
against self-incrimination be present on all subsequent trial dates until custody is regained
- If the accused is absent during the trial after his arraignment, trial
(BELTRAN CASE) may proceed despite his absence provided that he has been duly
- In MARCELO VS SANDIGANBAYAN, the purpose for notified of the trial and his failure to appear is unjustified.
securing the signature of the petitioner on the envelopes was - When accused filed a motion for leave to file BILL OF
merely to authenticate the envelope as the one’s seized from him. PARTICULARS and was granted, and such demurrer was
Thus, it was upheld to be outside the scope of right against self- eventually denied, - STILL HAS THE RIGHT TO PRESENT
incrimination EVIDENCE
- The right to confront the witnesses against him and cross examine
- Privilege against self-incrimination extends not only to answers them are basic constitutional rights and are part of due process
that would themselves support a conviction but also to those - It may be waived expressly or impliedly by the conduct
which would furnish a link in the chain of evidence needed to amounting to renunciation
prosecute the claimant in the privilege. - Right to cross examination is merely an opportunity to exercise
such right.
- It is not necessary that a witness explain how his answer will tend - Right to confrontation does not apply to preliminary investigation
to incriminate him since this would compel him to surrender the - Either party may utilize the testimony of a witness who is
protection to which the privilege is designed for. deceased, out of or cannot with due diligence be found in PH
provided that involve the same parties, subject matter and the
- Privilege extends to lawyers advising a witness to invoke the adverse party had the opportunity to cross examine him
privilege - In case of unjustified failure of witness to comply with subpoena,
the court may issue a warrant for his arrest.
- An appeal in criminal case opens the entire case for review and
- Persons who are mere custodian cannot claim the privilege
the appellate court may correct even unassigned errors.
- IN CIVIL CASE: Unassigned error will not be considered by the
- The privilege can be assessed in any proceeding, civil or criminal, appellate court.
administrative, judicial, investigatory or adjudicatory

CLAIM BY ACCUSED AND ORDINARY WITNESS RULE 116 ARRAIGNMENT AND PLEA
- An ordinary witness may be compelled to take the witness stand ARRAIGNMENT – is a formal mode or manner of implementing the
and claim the privilege as each question requiring an constitutional right of the accused to be informed of the nature and
incriminating answer cause of the accusation against him.
- An accused may altogether refuse to take the witness stand and
refuse to answer all question. - An accused for the first time is granted the opportunity to know
- An accused cannot be compelled to be a witness for the the precise charge that confronts him.
prosecution, co accused or even for himself - It is an indispensable part of due process.
- An ordinary witness only has the right to refuse to answer a - Reading of criminal complaint to the defendant
particular incriminatory question - Without prior arraignment, the accused cannot invoke doubt jeopardy
- This right is waivable. Thus, an accused can testify in his own - If no prior arraignment, NO TRIAL IN ABSENTIA
behalf and may be cross examined on the matters covered by
direct examination DUTY OF THE COURT BEFORE ARRAIGNMENT:
- If a person freely answered an incriminating question, he could 1. Inform the accused of his right to counsel
not refuse to answer further questions which would possibly 2. Ask him if he desires to have one
subject him to a danger of incrimination 3. Assign a counsel de officio to defend him unless the accused is
allowed to defend himself in person
FORMS OF IMMUNITY: - Duties of the court are mandatory
1. Transactional immunity/ Blanket or total immunity - Counsel de officio shall be given a reasonable time to consult with
- Completely protects the witness from future prosecution for the accused as to his plea before proceeding with the arraignment
crimes related to his or her testimony. Cannot be prosecuted
for any other offenses arising out of the act or transaction OPTIONS OF THE ACCUSED BEFORE ARRAIGNMENT:
which the testimony relates 1. Bill of particulars
2. Use and derivative use 2. Suspension of arraignment
- Prevents only the prosecution from using the witness’ own a) Accused appears to be suffering from unsound mental
testimony or any evidence derived from the testimony condition.
against the witness. However, should the prosecutor later on b) Prejudicial question
acquire evidence of a crime committed by a witness c) Petition for review of the resolution of the prosecutor
independent of the testimony of the witness, he may be - The period shall not exceed 60 days counted from the filing
prosecuted. of the petition.
 - After arraignment, the DOJ can no longer entertain the
appeal because it already waived or abandoned the same. - It is a judicial confession of guilt. An admission of all the material
2. Motion to quash facts alleged in the information INCLUDING THE
3. Challenge the validity of the arrest or legality of the warrant AGGRAVATING CIRCUMSTANCES
issued or assail the regularity of Preliminary Investigation
- Must be assailed before arraignment or else deemed - If aggravating circumstances were disproved by the evidence, it
waived shall be disallowed

- A second motion for reconsideration in Ombudsman will not bar - Conclusions of law are not admitted because they are not facts
the arraignment of the accused
- A plea before a court that has no jurisdiction over the criminal
- Plea of guilt does not dispose the presentation of evidence
action does not give rise to double jeopardy
- If there is substantial amendment - ARRAIGNMENT IS
PLEA BARGAINING
MANDATORY
- A process whereby the accused and the prosecution work a
- If only of FORM - Not required
mutually satisfactory disposition of the case subject to court’s
- Arraignment must be made before the court where the complaint
approval
was filed
- Defendant’s pleading guilty to lesser offense or to only one or
some of the counts in return for a lighter sentence
- It must be made in open court by the judge or clerk by furnishing
the accused with a copy of the complaint or information, reading
REQUISITES FOR PLEA BARGAINING
the same in the language or dialect known to him and asking him
1. Lesser offense is necessarily included in the offense
whether he pleads guilty or not guilty
2. Consent both of the prosecutor and the offended party.
-Consent of the offended party will not be needed if he failed
- It must be made within 30 days from the date the court acquires
to appear in arraignment
jurisdiction over the person of the accused
- PLEA BARGAINING is only discretionary to the court.
EXCLUDING:
- NECESSARILY INCLUDED - Some of the essential elements or
- Time of the pendency of motion to quash
ingredients of the former as alleged in the complaint or
- Time for the pendency of Bill of particulars
information constitute the latter.
- Other justifiable causes
- After entering of plea, the accused shall have at least 15 days to
- It may be made even after the prosecution finished presenting
prepare for trial
evidence or rested its case.
- The accused was not arraigned. And court rendered its decision.
The accused interposed the infirmity that he was not yet
- If there is PLEA BARGAINING, there is no need to amend the
arraigned.
information or complaint
- The active participation of the counsel in the hearing is a clear
- Conviction under this plea shall be equivalent to conviction of the
indication that he was fully aware of the charges against him.
offense charged for purposes of double jeopardy
Failure to arraign did not prejudice the rights of the accused
because he was aware of the charges against him.
- PLEA BARGAINING made after arraignment and after the trial
has begun IS NOT MITIGATING CIRCUMSTANCE
PRESENCE OF OFFENDED PARTY
Private offended party shall be required to appear at the arraignment
- An offer to enter a plea of guilty to a lesser offense cannot be
for the purpose of :
considered as Mitigating circumstance because RPC states that it
• Plea bargaining must be voluntary and must be plea of guilty to the OFFENSE
• Determination of civil liability CHARGED. Not to a lesser offense.
• Other matters
PLEA OF GUILTY TO A CAPITAL OFFENSE
- If Private offended party fails to appear, the court may allow the The court is mandated to:
accused to enter a plea of guilty to a lesser offense which is necessarily 1. Conduct searching inquiry to ascertain voluntariness and full
included in the offense charged with conformity of the prosecutor comprehension of the consequence
2. Require the prosecution to prove the guilt
PLEA OF NOT GUILTY WHEN: 3. Ask the accused if he wishes to present evidence
- When actually pleaded not guilty - Mere warning is insufficient
- Refuses to plead - The rule now stands that even if the accused pleads guilty to a
- Conditional plea capital offense, the prosecution is still required to present
- Pleads guilty but presented exculpatory evidence evidence to prove his guilt and precise degree of culpability
- Plead guilty but interposed self defense
- Plead guilty but asking for mitigation of penalty SEARCHING INQUIRY
- If plea of guilt is ambiguous and not absolute - No concrete and definite rule.
- If at first instance he pleaded guilty but thereafter he interposed - The court shall inquire if the accused was coerced or placed under
self defense, the court should require him to make a new plea of state of duress
not guilty because such act is tantamount to vacating his plea of - Ask the counsel of the defense whether he completely explained
guilty. the meaning of the consequences of pleading guilty
- Check the capacity to give free and informed plea of guilty
- If pleads guilty and bargains for LESSER PENALTY, it is not plea - Explain the exact length of the imprisonment and its nature
to a lesser offense. ONLY CONDITIONAL - Fully explain the elements of the crime committed
- Failure of the court to do this - NO PLEA. DOUBLE JEOPARDY - The accused must be required to narrate the tragedy or reenact the
WILL NOT ARISE PLEA OF GUILTY crime or furnish its missing details.
 Alternative actions of the court when a motion to quash is filed
PLEA OF GUILTY TO NON-CAPITAL OFFENSE 1. Order amendment of the information - If motion to quash is
- The court may receive evidence from the parties to determine the based on the alleged defect of the complaint or information, and
penalty to be imposed it may be cured
2. Sustain the motion to quash - the court may order another
IMPROVIDENT PLEA OF GUILTY complaint be filed unless ground relied upon for the sustaining the
- At any time before the judgment becomes final, the court may permit motion is either (1) Extinction of criminal liability and (2) Double
an improvident plea of guilty to be withdrawn and be substituted by a Jeopardy.
plea of not guilty 3. Deny the motion to quash - If fails to amend or still suffers same
defect
IMPROVIDENT AND INEFFICACIOUS
- If trial court failed to conduct searching inquiries - If the order to file another complaint is made, the accused shall not
- Failed to inform the appellant of his right to adduce evidence be discharged or released except if he admitted bail.

REMAND IT TO TRIAL COURT. DOUBLE JEOPARDY

- If the improvident plea is the SOLE BASIS of the decision Section 21, Article 3. No person shall be twice put in jeopardy of
punishment for the same offense. If an act is punished by law or an
JUDGMENT MUST BE SUSTAINED ordinance, conviction or acquittal under either shall constitute a bar to
- If relied on sufficient and credible evidence another prosecution of the same act.

- Jeopardy of punishment for the same offense suggesting that

RULE 117 MOTION TO QUASH double jeopardy presupposes two separate criminal prosecutions
- It may be made any time before the accused enters his plea - RES JUDICATA IN PRISON GREY – The right against
- It is generally not allowed in summary procedure double jeopardy prohibits the prosecution for the crime of
EXCEPT: Lack of jurisdiction over the subject matter or failure to which has been previously convicted or acquitted
comply with barangay conciliation proceedings
- A person convicted with attempted homicide can no longer file a
REQUISITES: case against the same accused of the crime of frustrated homicide
1. In writing
2. Signed by the accused or his counsel - A judgment of acquittal is final and no longer reviewable. It is
3. Distinctly specify the factual and legal grounds of the motion immediately executory and the state may not seek its review
without placing the accused in double jeopardy
GROUNDS FOR MOTION TO QUASH
A complaint of information may be subjected to motion to quash on - The state is proscribed from appealing the judgment of acquittal
any of the following grounds through either a regular appeal under Rule 41 of the ROC or an
1. Facts charged do not constitute an offense appeal by certiorari on pure question of law under Rule 45
2. No jurisdiction over the offense charged
3. No jurisdiction over the person - The accused may appeal from judgment of conviction but when
4. Person who filed had no authority to do so he appeals from the sentence of the trial court, He waives his right
5. Does not conform substantially to prescribed form to the constitutional safeguard against double jeopardy.
6. More than one offense is charged except complex crime
7. If criminal Action or liability is extinguished
- When accused files an MR, double jeopardy cannot be invoked.
8. Contains averment which if true would constitute legal
such is a waiver
excuse or justification
9. Accused has been previously convicted or acquitted of the
offense charged or the case was dismayed or otherwise - In acquittal, YOU CAN FILE CERTIORARI FOR GRAVE
terminated without his express consent ABUSE OF DISCRETION

Execution of affidavit of desistance is not a ground for a motion to - Acquittal of the accused does not affect the right of the offended
quash. Affidavit of desistance is not a ground for the dismissal of action party to appeal the civil aspect of the case.
once it has been instituted in court
- Offended party/accused may file an appeal to the civil aspect
Absence of probable cause for the issuance of warrant of arrest is
not a ground for the quashes of the information but is a ground for a
dismissal of the case. REQUISITES OF DOUBLE JEOPARDY
1. A valid indictment
Absence of a preliminary investigation is not a ground to quash . 2. Before a court of competent jurisdiction
3. The arraignment of the accused
GROUNDS NOT WAIVED: 4. Valid plea entered by the accused
1. Do not constitute an offense 5. The acquittal or conviction of the accuse without his
2. No jurisdiction over the offense charged express consent.
3. Extinguishment NO DOUBLE JEOPARDY IF:
4. Double jeopardy - If the first court has no jurisdiction over the said offense
- If MTC has jurisdiction and was filed in RTC
- When a motion to quash is denied, the remedy is not petition for - Improper venue
certiorari but for petitioners to go to trial without prejudice to - A judgment rendered with grave abuse of discretion or without due
reiterating the special defenses invoked in their motion to quash. process is VOID and does not exist in legal contemplation and thus
- EXCEPT: GRAVE ABUSE OF DISCRETION cannot be a source of an acquittal. REMEDY IS RULE 65
CERTIORARI
- A petition for certiorari under Rule 65 is not appeal. It is the remedy secured by the people without the express consent of the accused,
to question the verdict of acquittal whether at the trial court or at the there is no waiver of the right against double jeopardy.
appellate court.
- DISMISSAL BASED ON A VIOLATION OF RIGHT TO
FINALITY OF ACQUITTAL DOCTRINE - A judgment of acquittal SPEEDY TRIAL - Equivalent to acquittal. No waiver of DJ even
is final and unappealable if the accused expressly moved for the termination of proceedings
- Preliminary investigation does not place the person to Double
jeopardy. It is mere inquisitorial. There is no trial on the merits - Dismissal because prosecution is not ready for trial -
- Dismissal of the case in the preliminary investigation stage will EQUIVALENT TO ACQUITTAL
not warrant double jeopardy
- Res judicata is a doctrine in civil law and has no application in - The invocation of the right to speedy trial should be preceded by
criminal law. insisting on a trial
- Double jeopardy - Res Judicata in prison grey
- The discharge of an accused to be a state witness shall amount to
- Rule on double jeopardy does not apply to administrative cases.
acquittal and shall be a bar to a future prosecution for the same
- Dismissal of the criminal case does not result in the dismissal
offense, unless the accused fails or refuses to testify against his co
of the administrative case
accused in accordance with his sworn statement consisting the
basis for his discharge
DEGREES OF EVIDENCE REQUIRED:
- Criminal case - Proof beyond reasonable doubt
- Civil case - Preponderance of evidence - When the court grants demurrer - dismissal amounts to acquittal
- Administrative case - Substantial evidence even if with the express consent of the accused

- There must be a valid complaint in order that DJ may attach - Reckless imprudence is a separate offense and is not a means to
- If in Adultery and concubinage it was not subscribed by the commit a crime Convicted with Reckless imprudence resulting to
offended party, not valid information. No DJ Serious Physical Injury.
- If complaint do not constitute an offense - NO DJ
- If the person filed the complaint has no authority to do so, NO DJ - Double jeopardy to Reckless imprudence resulting to homicide
- City prosecutor has no authority to file an information in a place
beyond the jurisdiction of his office
- If before arraignment the charge was withdrawn - NO DJ CONVICTION OF ACCUSED SHALL NOT BE A BAR TO
- The person must have been arraigned for DJ to attach ANOTHER PROSECUTION FOR AN OFFENSE WHICH
- Plea must be valid NECESSARILY INCLUDES THE OFFENSE CHARGED IN
- The only instance where a plea bargaining is allowed is when an THE FORMER COMPLAINT:
accused pleads guilty to a lesser offense. Reduction of penalty is - Graver offense developed due to supervening facts from the same
only a consequence of plea of guilty act or omission constituting the former charge
- The judgment rendered by the trial court which was based on a - Facts constituting the graver charge become known or were
void plea bargaining is also void ab initial and cannot be discovered only after a plea was entered in the former complaint
considered as attained finality. NO DJ or information
- For double jeopardy to attach, first case should have been validly - The plea of guilt to a lesser offense was made without the consent
terminated. of the prosecutor and of the offended party except as provided in
- Thus, when there are two information of Homicide filed against Rule 116
the same party - NO DJ. The first jeopardy is not yet terminated
validly - If the accused has already served in whole or in part the judgment
- The remand of a criminal case for a further hearing before the under the previous complaint, he shall be credited with the same in
lower court amounts merely to a continuation of the first jeopardy the event of conviction for graver offense.
- Act that supervened must have arisen out of the same act or omission
IT MUST BE A DISMISSAL WITHOUT THE CONSENT OF constituting the former charge
THE ACCUSED - Where two different laws define two crimes, prior jeopardy as to one
- Express consent - Accused moves for the dismissal alleging that of them is no obstacle to a prosecution of another although both
it was committed outside the jurisdiction of the court offenses arise from the same facts, if each crime involves some
- EXPRESS CONSENT - Party effectively prevents the trial court important act which is not essential element of the other.
from proceeding to trial on the merits and rendering a judgment
of conviction against him. IDENTICAL ACTS BUT CONSTITUTE DIFFERENT
o It is akin to a waiver to a right against double jeopardy OFFENSES (NO DOUBLE JEOPARDY)
- When a criminal case is dismissed upon the application and 1. Theft of electricity under RPC and Violation of PD 401
express consent of the accused and counsel, the dismissal is not a 2. Illegal recruitment and Estafa
bar to another prosecution for the same offense - Illegal recruitment is mala prohibitum and Estafa is Mala
o When accused filed for provisional dismissal - NO DJ in se
3. Violation of BP 22 and Estafa
- A waiver of the constitutional right against double jeopardy must 4. Direct bribery and Section 3(B) of RA 3019
be clear, categorical, knowing and intelligent - No DJ if there is a variance between the elements of the
offenses charged
- Accused was “conditionally arraigned”. Ombudsman moved to
withdraw export the two cases against the accused. Court granted PROVISIONAL DISMISSAL
the motion to withdraw. The cases were sought to be reinstated. - Dismissal of the criminal action is not permanent and can be
Accused filed a MTQ invoking double jeopardy. SC held that revived within the period set by the Rules of Court
such arraignment was unconditional. Since the dismissal was
- A case shall not be provisionally dismissed except with the - Pre-trial order shall be issued 10 days after the termination of the
express consent of the accused and with notice to the offended pre-trial
party
Pre-trial in civil case Pre-trial in criminal case
TIME BAR: FROM THE TIME OF THE ISSUANCE OF THE
ORDER Preceded by a motion ex parte Not required
• Imprisonment not exceeding 6 years or fine of any amount or both filed by the plaintiff to set the
- 1 YEAR case for pretrial
• Imprisonment of more than 6 years - 2 YEARS Set by the court after the motion Shall be held after arraignment
and after all the pleadings have and within 30 days from the date
- The prosecution must revive the case if it desires to prevent the been served and filed the court acquires jurisdiction
provisional dismissal becoming permanent Purpose is amicable settlement Purpose is not amicable
- Express consent is given either viva voce or in writing. It is a settlement
positive, direct and unequivocal consent requiring no inference or Required to file and serve their No mention of such
implication to supply its meaning. respective trial briefs
o Stating NO OBJECT OR WITH MY CONFORMITY -
Express consent
o Mere inaction or silence or failure to object - NOT - Pre-trial order shall bind the parties, limit the trial to the matters not
EXPRESS CONSENT disposed of unless modified by the court to prevent injustice

- If without the express consent or over his objection - TIRE BAR JUDICIAL DISPUTE RESOLUTION (JDR) -Innovative concept in
WILL NOT APPLY the judicial system. It is hoped that mediation and conciliation at the
level of the judge would contribute significantly to the resolution of
- Revived by: Filing of new information or Refiling of the media table cases
information
o NO NEED FOR NEW PRELIMINARY - Mediation is confidential
INVESTIGATION - Judge shall not pass on any information obtained in the
o A new Preliminary investigation is required if new persons course of mediation
are charged, or the charge has been upgraded like from
accessory to principal CASES SUBJECT TO MEDIATION FOR JDR
1. All civil cases, settlement of estates and cases covered by
- Time bar shall not be applied retroactively Summary procedure except those that cannot be compromised.
Criminal cases like violation of traffic rules and regulations and
Withdrawal of information Motion to dismiss violation of municipal city ordinance shall not be mediated
Attains finality after 15 days Becomes final 15 days after the because it cannot be compromised.
from receipt thereof without receipt thereof with prejudice to 2. Cases cognizable by the Lupong tagapamayapa
prejudice to the refiling of the refiling of the same once 3. Civil aspect of BP 22
information upon became final 4. Civil aspect of Quasi offenses
reinvestigation 5. Civil aspect of estafa and libel
Time bar rule does not apply Puts into place the time bar rule 6. Civil aspect of theft
on provisional dismissal
- In criminal cases covered by mediation, where terms of settlement
RULES 118 – PRE-TRIAL AND TRIAL exceeds 1 year - The case may be achieved upon motion of the
prosecution
Pre-trial is mandatory in criminal cases in: - If there is no settlement reached after the JDR, The judge issues
1. Sandiganbayan an order returning the case to the office of clerk of court for
2. RTC raffling.
3. MTC - DISCOVERY PROCEDURES IN CRIMINAL CASES
- It may also be used in criminal cases.
Matters in pre-trial - Taking depositions in criminal cases is addressed to judicial
1. Plea bargaining discretion
2. Stipulation of facts
3. Marking TRIAL
4. Waiver of objection - It shall commence within 30 days from receipt of the pre trial
5. Other matters order
- If by means of NEW TRIAL - Within 30 days from the notice
- Done after arraignment and within 30 days from the time the court of order granting it.
acquires jurisdiction over the person of the accused - If plea of not guilty is ordered - AT LEAST 15 DAYS TO
- After arraignment, the court shall set the pre-trial conference PREPARE FOR TRIAL
within 30 days from the days of arraignment. - If the accused is not brought to trial in accordance within the
- If the prosecutor or the counsel for the accused did not attend - time limit, the information may be dismissed upon the
administrative action except if with justifiable reason motion of the accused for denial of right to speedy trial
- During the pre-trial the judge shall consider pre bargaining - Motion for dismissal shall be made before trial otherwise
arrangements EXCEPT in cases for violations of Comprehensive deemed waived.
dangerous drugs act
- In PT, all questions shall be directed to the judge - Period of delay resulting from the absence or unavailability of an
- Al agreements in pre-trial conference shall be reduced in writing essential witness may be excluded or would actually justify the
and signed by the accused and counsel. If not complied, it cannot suspension of trial
be used against the accused.
 o ABSENT IF: Whereabouts are unknown or
cannot be determined by due diligence REQUIREMENTS FOR REOPENING THE CASE
1. Before finality of judgment
- In no case shall the entire trial period exceed one hundred 2. Order is issued by the judge on his own initiative or upon
eighty days from the first day of trial motion
3. Issued only after a hearing is conducted
- Postponement of cases is a matter of judicial discretion 4. Intends to prevent miscarriage of justice
5. Presentation of additional evidence shall be terminated
PROHIBITED GROUNDS FOR POSTPONEMENT/ within 30 days from the issuance of the order.
CONTINUANCE
1. Congestion pf court’s calendar or lack of diligent preparation TRIAL IN ABSENCIA REQUISITES:
2. Failure to obtain available witnesses on the part of the 1. Accused has already been arraigned
prosecutor 2. Accused has been duly notified of the trial or the hearings
- Witness for the accused may be conditionally examined even 3. Absence is unjustified
before the trial of the case by motion of the accused.
o It may be done also by the prosecutor INSTANCES WHEN THE PRESENCE OF ACCUSED IS
REQUIRED
- Either party may upon motion secure an order from the court 1. Arraignment and plea
for a material witness to post bail if the court is satisfied upon 2. During trial, whenever necessary for identification purposes
proof or oath that a material witness will not testify when 3. At the promulgation of sentence unless it is for light offense
required. - In light offense the accused may appear by counsel or
o If he refuses to post bail, commit to person until he representative
complied.
- Even if the judge made improper remarks and comments, the
REQUISITES FOR DISCHARGE OF ACCUSED TO BECOME same did not amount to denial of his right to due process or
A STATE WITNESS impartial trial
1. Absolute necessity for the testimony of the accused o Remarks do not reflect with the partiality of the
2. No other direct evidence available for the proper prosecution judge. Sarcasm alone cannot lead to such
of the offense committed except the testimony of the Conclusion
accused.
3. The testimony can be substantially corroborated in its CORPUS DELICTI - The body, foundation or substance of a crime.
material points
4. Accused does not appear to be the most guilty ELEMENTS:
5. Not at any time been convicted of any offense involving 1. Certain result has been established
moral turpitude. 2. Some person is criminally responsible for it
- Documents which may have been identified and
- Where the crime is contrived in secret, the discharge of one of the marked as exhibits during pre-trial or trial, but which
conspirators is essential. were not formally offered in evidence cannot in any
manner be treated as evidence.
- When two or more of the accused are jointly charged, they shall
be tried jointly RULE 119 - DEMURRER TO EVIDENCE
- Actually, a motion to dismiss that is filed by the accused after the
- Motion to discharge to become state witness shall be filed before prosecution has rested its case on the ground of insufficiency of
the prosecution rests its case evidence

- Court shall conduct a hearing WITH LEAVE OF COURT

- It shall be filed within a non-extendible period of 5 days after the
- Evidence adduced in support of the discharge shall automatically prosecution rests its case
form part of the trial - The prosecution may oppose the motion within a non-extendible
period of 5 days from receipt
- The discharge of an accused shall amount to an acquittal and shall - If the court grants - ACCUSED SHALL FILE THE DEMURRER
be a bar to another prosecution for the same offense except if the TO EVIDENCE WITHIN NON EXTENDIBLE PERIOD OF10
accused fails or refuses to testify against his co-accused. DAYS FROM NOTICE.
- Act of denying a motion for leave of court shall not be reviewable
by appeal or certiorari.
- In dangerous drugs cases, it is the duty of the prosecution to
- If court grants demurrer, The case is dismissed and it is as good as
present a complete picture detailing the buy bust operation from
acquittal (DJ may arise)
the initial contact until the consummation of the sale.
WITHOUT LEAVE OF COURT
- The order of the trial may be modified if the accused admits the - If GRANTED - Good as acquitted
acts or omission charged. - If DENIED - The accused waives his right to present evidence
and submits the case for judgment on the basis of evidence of
- At any time before the finality of judgement, the judge may motu prosecution.
proprio or upon motion with
CERTIORARI WILL ONLY LIE IF THERE IS GRAVE ABUSE OF
- hearing in either case reopen the proceedings to avoid miscarriage DISCRETION (RULE 65 ONLY)
of justice
- If the prosecution has not yet rested its case, it is not demurrer but a
MOTION TO DISMISS
 Demurrer to evidence in civil Demurrer to evidence in RECORDING THE JUDGMENT in the criminal docket and
criminal serving him a copy at his last known address or his counsel
Requires no prior leave of May be filed with or without
court leave of court - Failure of the accused to appear without justifiable cause, He
When denied, the defendant Only if filed with leave of court shall lose the remedies available in the ROC against the
does not lose the right to and denied, defendant still has the judgment and court shall order his arrest.
present evidence right to present evidence If
without leave of court, The - Within 15 days from promulgation of judgment he may appear
defendant loses such right and file a motion for leave of court to avail such remedies.
If granted, the plaintiff may No appeal is allowed because
appeal and if reversed, the dismissal is acquittal. MODIFICATION OF JUDGMENT - A judgment of conviction may
defendant loses his right to RULE 65 - GRAVE ABUSE OF be modified or set aside upon motion of the accused before the
present evidence DISCRETION judgement becomes final or before appeal is perfected.

RULE 120 : JUDGMENT WHEN JUDGMENT BECOMES FINAL

- The adjudication by the court that the accused is guilty or not 1. After lapse of the period of perfecting appeal
guilty of the offense charged and the imposition on him of the 2. When sentence has been partially or totally satisfied or
proper penalty and civil liability. served
3. When the accused has waived in righting his right to appeal
REQUISITES OF JUDGMENT 4. Applied for probation
1. Written in the official language
2. Personally, and directly prepared and signed by the judge RULE 121: NEW TRIAL OR RECONSIDERATION
3. Must contain clearly and distinctly statement of facts and the
law upon which it is based. - Before the judgment becomes final
- It is only the accused that can avail the same IF CONVICTED. If
- Over Subject matter, Territory and person of the accused are acquitted- FINAL
needed to have a valid judgment - The court may on its own motion grant a New Trial or MR but with
- There is nothing illegal in the act of the trial court of the consent of the accused
completely copying the memorandum submitted by a party
provided that the decision clearly and distinctly states GROUNDS FOR NEW TRIAL
sufficient findings of fact and the law on which they are based. 1. Errors of law have been committed during trial
2. Irregularities prejudicial to the substantial rights of the
CONTENTS OF JUDGMENT accused committed during trial
1. Legal qualification of the offense constituted by the acts 3. New and material evidence has been discovered.
committed by the accused
2. Aggravating and mitigating circumstances REQUISITES FOR NEWLY DISCOVERED EVIDENCE
3. Degree of Participation of the accused 1. Evidence must have been discovered after trial
4. Penalty imposed 2. It could not have been previously discovered and produced
5. Civil liability or damages at the trial even with the exercise of reasonable diligence
3. New and material evidence
- Verdict of acquittal is immediately final 4. If introduced, would probably change judgment

VARIANCE DOCTRINE GROUNDS FOR RECONSIDERATION OF JUDGMENT

- Situation where the offense proved is different from the offense 1. Errors of law in the judgment which requires further
charged in the complaint or information and the offense as proceedings
charged is either included in the offense proved or is 2. Errors of fact
necessarily included - Motion for Reconsideration and New trial shall be in
- An accused charged with qualified rape can be found guilty of writing and shall state the ground on which it is based
the lesser crime of acts of lasciviousness - Notice of motion for New Trial or Motion for
- A variance in the mode of commission of the offense is binding Reconsideration shall be given to the prosecutor
upon the accused if he fails to object to evidence showing that - A hearing shall be conducted when the Motion for
the crime was committed in a different manner as alleged. Reconsideration or New Trial calls for a resolution of
question of fact
PROMULGATION OF JUDGMENT
- Reading it in the presence of the accused and any judge of the EFFECTS OF NEW TRIAL / MOTION FOR
court in which it was rendered. RECONSIDERATION
- The judgment may be promulgated by the clerk of court 1. GRANTED ON THE GROUNDS OF ERRORS OF LAW OR
- If the accused is confined or detained in another province or IRREGULARITIES
city, The judgment may be promulgated by the executive judge - All the proceedings and evidence affected thereby shall
of the RTC having jurisdiction over the place of confinement be set aside and taken anew and the court may allow
or detention upon request of the court which rendered the additional evidence
judgment. 2. GRANTED ON THE GROUNDS OF NEWLY DISCOVERED
- If the accused was tried in absentia, because he jumped bail or EVIDENCE
escaped from prison, the notice shall be served at his last - The evidence already adduced shall stand. It shall be
known address considered together.

PROMULGATION BY ABSENTIA - In all cases, when New Trial or Motion for Reconsideration is
- If the accused fails to appear at the scheduled promulgation of granted, the original judgment shall be set aside or vacated
judgment despite notice, the promulgation shall be made by and new judgment shall be rendered.
NEYPES RULE - Applies to appeals in criminal cases

RULES 122, 124, 125 - APPEALS

- It is a mere statutory privilege

WHO MAY APPEAL

- Any party may appeal from judgment or final order unless placed
under Double Jeopardy
- Accused may appeal from judgment of conviction
- Only the state, OSG, has the sole right and authority to institute
proceedings before CA and SC
- Conformity of the assistant city prosecutor to petition for review
- NOT PROPER. IT SHALL BE FILED BY THE SOLGEN

- Private prosecutor may be allowed to intervene in criminal

proceedings on appeal in the CA and SC. His participation shall
be subordinate to the interest of the people hence he cannot be
permitted to adopt a position contrary to the SOLGEN

- Appeal in criminal cases opens the entire case for review

- A party cannot change his theory on appeal nor raise in the appeal
any question of law or fact that was not raised in the court which
was not within the issue raised by the parties in their pleadings

- The findings of the lower courts are not disturbed on appeal in

absence of clear showing that the trial court overlooked,
misunderstood or misapplied the facts and circumstances

WHERE TO APPEAL:
1. RTC in cases decided by MTC
2. CA or SC in cases decided by RTC
3. SC in cases decided by CA

HOW TO APPEAL
1. JUDGMENT OF MTC - TO RTC - By notice of appeal on
the court which rendered the judgment
2. RTC (original) - TO CA - By notice of appeal on the court
which rendered judgment
3. RTC (appellate) - TO CA - By filing a petition for review
under Rule 42

PROVISIONAL REMEDIES IN CRIMINAL CASES

- May be availed of in connection with the civil action deemed
instituted with the criminal action
- To avail Provisional Remedies, It must be one with a
corresponding civil liability
- If the civil action has been waived, reserved or instituted
separately
o –NO PROV REM

KINDS:
1. Preliminary attachment
2. Preliminary Injunction
3. Receivership
4. Replevin
5. Support pendente lite