CRIMINAL PROCEDURE

Professor: Aeneas Eli Diaz

By: Loise Almay G. Juguan JD- 4203
Far Eastern University- Institute of Law 2015
JURISDICTION
MTC
First
Court

RTC
level All
criminal
cases where the
penalty
is
higher than 6
years

Criminal Cases
where
the
penalty is less
than 6 years

Appellate
jurisdiction
over all cases
decided by the
MTC

Sandiganbaya
n
Exclusive
Jurisdiction:
Salary Grade 27
+
offenses
committed by a
public officer in
relation to his
office
Appellate
Jurisdiction of
MTC/RTC over
offenses
committed by
public officers

Exclusive
original
jurisdiction in
criminal cases
not within the
exclusive
jurisdiction of
any court

RULE 110: PROSECUTION OF OFFENSES

Q: Where do you file your complaint for offenses
where a preliminary investigation is required?
A: Prosecutor (Sec 1. Rule112) (Also applies to
where a preliminary investigation is not required)
Q: What is the effect by instituting the criminal
action?
A: The institution of criminal action shall interrupt
the period of prescription of the offense charged.

Q: Who must prosecute criminal actions?

A: 1.) Under the direction and control of the
prosecutor.
2.) In the lack of public prosecutor, a private
prosecutor may be authorized in writing by the
Chief of the Prosecution office or the regional state
Prosecution.
Note: The public prosecutor in the exercise of his
functions has the power and discretion to:
Determine whether a prima facie case
exists/probable cause
Decide which of the conflicting testimonies
should be believed free from interference or
control of the offended party
Subject only to the right against selfincrimination, determine which witnesses to
present in court
Atty. Anel: Mandamus lies to compel the exercise
of discretion but cannot be used to control the
exercise of his function. The court can compel that
public prosecutor to exercise his discretion whether
or not to file the criminal information but the court
cannot extend and say that you ought to file or to
dismiss that criminal information. THERES A
DIFFERENCE, REMEMBER THAT!
Q: What is the difference between a complaint and
information?
A:
COMPLAINT
INFORMATION
Sworn written statement Accusation in writing
Charging a person with Charging a person with
an offense
an offense
Subscribed by: (1) the Subscribed
by
the
offended party (2) any prosecutor and filed with
peace officer or (3) other the court.
public officer charged
with the enforcement of
the law violated

Q: What should be given preference, the

designation of the crime in the information or the
allegation of the facts?
A: The allegation of facts is controlling because the
nature and character of the crime charged are
determined not by the designation of the specific
crime, but by the facts alleged in the information.
So even if the information is defective, the
allegation of facts must be preferred over the
defective information.
Q: What is the rule on duplicity?
A: A compliant or information must charge only one
offense, except when the law prescribes a single
punishment for various offenses. This is the rule on
double vexation.
Atty. Anel: Why do you need to separate one
offense to another? In civil cases joinder of causes
of action is allowed but in criminal proceedings you
can only have one offense charged in the complaint
or information.
Note: When two or more offenses are charged in a
single complaint or information but the accused
fails to object to it before trial, the court may
convict him of as many offenses as are charged and
proved, and impose on him the penalty for each
offense, setting out separately the findings of fact
and law in each offense. (Rule 120, Sec. 3)
Q: What is the difference between Amendment and
Substitution?
A:
AMENDMENT (Rule
SUBSTITUTION
117 Sec. 4)
Involves either formal or Necessarily involves a
substantial changes
substantial change
Without leave of court if Needs leave of court as
before plea
original information has
After Plea- leave of court to be dismissed
must be obtained and
such amendment must not
be prejudicial to rights of
the accused
Where only as to form, Another
preliminary

there is no need for

another
preliminary
investigation and retaking
of plea of the accused
Refers to the same
offense charged or which
necessarily includes or is
necessarily included in
original charges, hence,
substantial amendments
to info after plea taken
cannot be made over
objections of accused for
if original info is
withdrawn, accused could
invoke double jeopardy
RULE 111:
ACTION

investigation is entailed
and accused has to plead
anew
Requires or presupposes
that new info involves a
different offense which
does not include or is not
included in the original
charge, hence, accused
cannot claim double
jeopardy

PROSECUTION

OF

CIVIL

Q: What is the principle behind of this Rule?

A: Every Person Criminally liable for a felony is
also civilly liable (Art. 100 of the RPC)
Q: When a criminal action is instituted, what shall
be deemed instituted?
A: The civil action for the recovery of civil liability
arising from the offense charged.
Exc: 1.) The offended party waives the civil action
2.) Reserves the right to institute it separately
3.) Institute the civil action prior to the
criminal action.
Atty. Anel: If the civil case is filed prior to the
criminal case the civil case must be suspended
once the criminal case is instituted this will only
work until the case has not been decided on the
judgment of merits. Suspension will only work at
any time before the judgement of the merits of
the civil case. Hence, the criminal case will still
prosper because it has a life on its own.
Q: What Civil action may proceed independently?
A: Art. 32, 33, 34 And 2176 of the NCC

Q: What is the effect of the death of the accused on

civil actions?
A: After Arraignment and during the pendency
of the criminal action Extinguish the civil
liability arising from the delict.
Before Arraignment- case shall be dismissed
without prejudice to any civil action; the
offended party may file against the estate of
the deceased.
Pendency of his Appeal- both liabilities is
extinguished.
Prior to Final Judgment- terminates criminal
liability and only civil liability directly arising
from and based solely on the offense
committed.
Q: What is prejudicial question and what is the
effect?
A: A civil action instituted previously or ahead of
the criminal action; must precede the criminal
action.
The criminal case may be suspended pending the
final determination of the issues in the civil case
this is the exception on the general rule that if the
civil action was commenced before the institution
of the criminal action, the civil action shall be
suspended in whatever stage it may be found
before judgment on the merits, once the criminal
action is commenced the suspension shall last until
final judgment is rendered in the criminal action.
RULE112: PRELIMINARY INVESTIGATION
Q: What is Preliminary Investigation?
A: It is an inquiry or proceeding to determine
whether there is sufficient ground to engender a
well-founded belief that; a crime has been
committed; the respondent is probably guilty.
Q: When do you conduct a preliminary
investigation?
A: An offense where the penalty prescribed by law
is at least 4 yrs, 2 mo, 1 day.

Atty. Anel: If the prescribed penalty is 2-5years,

will you conduct a preliminary investigation?
No, because the rule is clear when it says AT
LEAST 4 yrs, 2 mo, and 1 d, it does not talk about
the range but it does talk about the minimum
prescribed penalty in order for the investigating
prosecutor to conduct a preliminary investigation.
Q: What is Probable Cause?
A: Existence of such facts and circumstances as
would lead a person of ordinary caution and
prudence to entertain an honest and strong
suspicion that the person charged is guilty of the
crime subject of the investigation.
It is basically just a bare suspicion it requires less
than evidence which would justify conviction.
Sanchez v. Demetriou: The decision of the
prosecutor may be reversed or modified by the
secretary of justice or in special cases by the
President of the Philippines. But even the court
cannot order the prosecution of a person against
whom the prosecutor does not find sufficient
evidence to support at least prima facie case. The
courts try and absolve or convict the accused but as
a rule have no part in the initial decisions to
prosecute him.
Crespo v. Mogul: The power of the fiscal is
practically absolute whether to file or not to file.
But once the case is filed in court, the power now
belongs to the judge and he is the one who will
determine whether to proceed or not to proceed.
The court will be the one to decide because control
over the case is already shifted in the court.
Q: Who are authorized to conduct Preliminary
investigations?
A: 1.) Provincial or City Prosecutors and their
assistants
2.) National and Regional State Prosecutors
3.) Officers authorized by law
4.) COMELEC- conduct P.I. of all election
offenses

5.) OMBUDSMAN- any act or omission of

any public officer
6.) Fraud of investigation unit- tax cases
Q: Is the substantial right of the accused to
preliminary investigation waivable?
A: Yes, it is deemed waived for failure to invoke
the right prior to or at the time of the
plea/arraignment.
Q: What is an Inquest?
A: Conducted when a person has been lawfully
arrested and detained without warrant.
Note: There is no need of preliminary
investigation because there is a deadline for the
accused to be detained otherwise, the peace officer
will be guilty of arbitrary detention.

A: The Court where the information or the

complaint is filed.
Q: When does the judge issue a warrant of arrest?
A: If there is probable cause issue a warrant of
arrest
Failed to establish probable cause- Dismiss
the information or the complaint.
In case of doubt if there is probable causethe judge may order the prosecutor to present
additional evidence within 5 days.
Note: If the accused has already been arrested a
commitment order shall be issued by the court and
not a warrant of arrest.
RULE 113: ARREST

After filing, within 5 days from the time he learn

of its filing

Q: What is an arrest?
A: It is the taking of the person into custody in
order that he may be bound to answer for the
commission of an offense.
Note: By way of arrest, the court already acquired
jurisdiction over the person (emphasized by Atty.
Anel in discussion) as well as voluntary
submission is an indication that the court already
acquired jurisdiction over the person.

Q: What is Preliminary Examination?

A: A Preliminary Examination is conducted by a
judge for the purpose of determining probable
cause for the issuance of a warrant of arrest.
(Judicial in nature while Preliminary Investigation
is executive in nature)

Q: What are the requisites of a valid warrant of

arrest?
A: 1.) Issued upon probable cause personally
determined by a judge.
2.) The warrant must describe the person to be
seized.

Atty. Anel: Once the information is transmitted to

the court it does not automatically issue a warrant
of arrest because the court must still satisfy if a
probable cause does exist and there must be a
judicial examination to be conducted first.

Q: When can there be an arrest without a warrant?

A: 1.) In flagrante delicto- When in his presence,
the person to be arrested has committed, is
actually committing, or is attempting to commit
an offense.
2.) Doctrine of Hot Pursuit- When an offense
has just been committed and he has probable
cause to believe based on personal knowledge
of facts or circumstances that the person to be
arrested has committed it. (PERSONAL

Q: When may the person lawfully arrested without

a warrant ask for a preliminary investigation?
A: Before the complaint or the information is filed
but he must sign a waiver under Article 125 of the
RPC.

(Read: Rule 112 Sec 3 and 4 as to Procedure

and Resolution: Refer to the mind map)
Q: Who may issue warrant of arrest?

KNOWLEDGE
OF
FACTS
AND
CIRCUMSTAMCES emphasized!)
3.) Escapee- When the person to be arrested is a
prisoner who has escaped from a penal
establishment or place where he is serving a
final judgment or its temporarily confined while
his case is pending, or has escaped while being
transferred from one confinement to another.
Q: What is Citizens Arrest?
A: A private person may without a warrant, arrest a
person when, in his presence, the person to be
arrested is in flagrante delicto.
Note: The right to break into a building or
enclosure does not apply to a private person
READ OTHER SECTIONS OF RULE 113
RULE 114: BAIL
Q: What is bail? What is the purpose of bail?
A: It is the security given for the release of the
person in custody of the law furnished by him or
a bondsman to guarantee his appearance before
any court as required to the conditions given by
the rules.
Q: Forms of bail
A: 1.) Corporate Surety
2.) Property Bond
3.) Cash Deposit
4.) Recognizance
Q: When is bail a matter of right, and a matter of
discretion?
MTC
RTC
Before
Conviction

Matter of right

Matter of right
exception:
death, reclusion
perpetua,
or
life
imprisonment

After
Conviction

Matter of right

Discretionary
of an offense
not punishable
by
death,
reclusion or life
imprisonment

Note: Bail must be granted if the guilt or evidence

is not strong enough----BAIL HEARINGS! (Read
Section 7 of Rule 114 word by word)
The accused must be denied bail or his bail shall be
cancelled upon a showing by the prosecution with
notice to the accused of the following or other
similar circumstances:
1) That he is a recidivist, quasi-recidivist, or
habitual delinquent or has committed a
crime aggravated by the circumstance of
reiteration
2) That he has previously escaped from legal
confinement, evaded sentence, or violated
the conditions of his bail without valid
justification
3) That he committed an offense while under
probation, parole, or conditional pardon
4) That the circumstances of his case indicate
the probability of flight if released on bail
5) That there be undue risk that he may
commit another crime during the pendency
of the appeal
The appellate court on motion may review the
resolution of the RTC after notice to the adverse
party in either case.
Note: One of the conditions of bail is that the
accused shall appear before the proper court
whenever required; following this rule, if the
accused failed to appear in court without
justification it shall be deemed a waiver of his right
to be present thereat. Hence, the trial may proceed
in absentia.
Q: Where do you file bail?
A: May be filed with the court where the case is
pending, or in the absence or unavailability of the

judge thereof, with any regional trial judge,

metropolitan trial judge, municipal trial judge, or
municipal circuit trial judge in the province, city or
municipality. If there accused is arrested in
province, city, or municipality other than where the
case is pending, bail may also be filed with any
Regional Trial Court of said place.
Q: What is a capital offense?
A: An offense which under the law existing at the
time of its commission and of the application for
admission to bail, may be punished with death.
Note: Burden of proof in bail application, the
prosecution has the burden of showing that the
evidence of guilt is strong. The evidence presented
during the bail hearing shall be considered
automatically reproduced at the trial but, upon
motion of either party, the court may recall any
witness for additional examination unless the latter
is dead, outside of the Philippines, or otherwise
unable to testify.
READ OTHER SECTIONS OF RULE 114
RULE 115: RIGHTS OF THE ACCUSED
(READ)
RULE 116: ARRAIGNEMENT AND PLEA
Q: What is the main purpose of Arraignment?
A: For the accused to fully understand the nature
and accusation against him by reading the
information in an open court with a language and
dialect that is known to him.
Atty. Anel: The presence of the accused in
arraignment is indispensable.
Q: If you are in detention the arraignment must be
set in how many days?
A: 10 Days
Q: If you are not under detention the arraignment
must be set in how many days?

A: 30 Days
Q: Regardless of 10 or 30 days what can the
accused do within this period?
A: 1.) Bill of Particulars Prepare for trial for a
longer period
2.) Motion to Quash (Rule 117, 9 grounds)
3.) Suspension (Insanity, PQ, DOJ-60 days)
Q: How is arraignment made?
A: The arraignment shall be made in open court by
the judge or clerk by furnishing the accused with a
copy of the compliant or information, reading the
same language or dialect known to him and asking
whether he pleads guilty or not guilty. The
prosecution may call at the trial witness other than
those named in the complaint or information.
Q: What is Improvident Plea?
A: 1.) A plea of guilty was cancelled by violence or
intimidation.
2.) The accused did not fully understood the
meaning and consequences of his plea
3.) Information is insufficient to sustain conviction
of the offense charged.
Q: When can the accused withdraw an improvident
plea of guilty?
A: At any time before the judgement of conviction
becomes final.
Q: When the accused pleads guilty to a capital
offense, what should the court do?
A: The court shall conduct searching inquiry into
the voluntariness and full comprehension of the
consequences of his plea and shall require the
prosecution to prove his guilt and the precise degree
of culpability.
Q: When the accused plead guilty to non- capital
offense, what should the court do?
A: The court may receive evidence from the parties
to determine the penalty to be imposed.

Note: If the accused did not plead guilty, a plea of

not guilty shall be entered for him.
Q: Until when can you enter a plea of guilty?
A: After arraignment but before trial the accused
may still be allowed to plead guilty to said lesser
offense after withdrawing his plea of not guilty.
RULE 117: MOTION TO QUASH
Q: When do you file a motion to quash?
A: At any time before entering his plea
Exc: Section 9 of this rule (non-waivable
grounds)
1.)That the facts charge do not constitute an
offense
2.) That the court trying the case has no
jurisdiction over the offense charged.
3.) That the criminal action or liability has been
extinguished.
4.) That the accused has been previously
convicted or acquitted of the offense charged, or
the case against him was dismissed or otherwise
terminated without his express consent.
Atty: Anel: The quashal of a case is not automatic.
The court may order first to rectify the information
or the amendment of the information. The motion
shall be granted if the prosecution fails to make the
amendment or the complaint or information still
suffers from the same defect despite the
amendment.
Q: What are the grounds for motion to quash?
A: a.) That the facts charged do not constitute an
offense
b.) That the court trying the case has no
jurisdiction over the offense charged
c.) That the court trying the case has no
jurisdiction over the person of the accused
d.) That the officer who filed the complaint or
the information had no authority to do so
e.) That it does not conform substantially to
the prescribed form

f.) That more than one offense is charged

except when a single punishment for various
offenses is prescribed by law
g.) That the criminal action or liability has
been extinguished
h.) That it contains averments which if true,
would constitute a legal excuse or justification
i.) That the accused has been previously
convicted or acquitted of the offense charged,
or the case against him was dismissed or
otherwise terminated without his express
consent
Q: What is the effect of sustaining a motion to
quash?
A: The court may order that another complaint or
information be filed unless the motion was based
on the grounds of specified in Section 3(g) and (i)
of this rule.
Atty. Anel: Sustaining a motion to quash will not
bar to a subsequent prosecution or compliant
because double jeopardy is not yet attached.
Q: What are the requisites of double jeopardy?
A: 1.) a first jeopardy must have attached prior to
the second;
2.) the first jeopardy must have been validly
terminated; and
3.) the second jeopardy must be for the same
offense as that in the first.
Atty. Anel: Double Jeopardy Requisites:
1.) Valid Complaint or Information
2.) Valid Arraignment
3.) Dismissal or Acquittal of the accused
Q: When the does Legal Jeopardy attached?
A: 1.) upon a valid indictment,
2.) before a competent court,
3.) after arraignment,
4.) a valid plea having been entered;
5.) the case was dismissed or otherwise
terminated without the express consent of the
accused.
Atty. Anel: The order of the court granting the
motion to quash is not appealable because it is an

interlocutory order. You can only appeal final order

or judgment. Therefore, Appeal is not available. The
aggrieved party may avail Rule 65.

counsel; otherwise, they cannot be used against the

accused.
RULE 119: TRIAL

Note: The conviction of the accused shall not be a

bar to another prosecution for an offense which
necessarily includes the offense charged in the
former complaint or information under any of the
following instances:
1.) The graver offense developed due to
supervening facts arising from the same act or
omission constituting the former charge.
2.) The facts constituting the graver charge became
known or were discovered only after a plea was
entered in the former complaint or information.
3.) The plea of guilty to the lesser offense was made
without the consent of the prosecutor and of the
offended party except as provided in section 1 (f) of
rule 116.
Q: What is a Provisional Dismissal?
A: Time-Bar
Note: Punishable by Less than 6 yrs: shall
become permanent one year after issuance of the
order without the case having been revived.
Punishable by more than 6 yrs: shall become
permanent two years after the issuance of the order
without the case having been revived
Atty. Anel: When the case is permanently
dismissed, it cannot be revived nor you can refile a
new cause because it will be tantamount to double
jeopardy. The express consent of the accused is for
the provisional dismissal not for permanent
dismissal.

Q: Remedy where accused is not brought to trial

within the time limit.
A: The information may be dismissed on the motion
of the accused on the ground of denial of his right to
speedy trial
Note: Failure of the accused to move for dismissal
prior to trial shall constitute a waiver of the right to
dismiss.
Q: What is the order of trial according to this rule?
A: 1.) The prosecution shall present evidence to
prove the charge and in the proper case, the
civil liability. (Evidence-in-chief)
2.) The accused may present evidence to prove
his defense and damages if any arising from the
issuance of the provisional remedy in the case.
3.) The prosecution and the defense may in
that order, present rebuttal and sur-rebuttal
evidence unless the court, in furtherance of
justice, permits them to present additional
evidence bearing upon the main issue.
4.) Upon admission of the evidence of the
parties, the case shall be deemed submitted for
decision unless the court directs them to argue
orally or to submit written memoranda.
5.) When the accused admits the act or
omission charged in the complaint or
information but interpose a lawful defense, the
order of trial may be modified
READ OTHER SECTIONS OF RULE 119

RULE 118: PRE-TRIAL

Q: Is pre-trial mandatory in criminal cases?
A: Yes, In all criminal cases cognizable by the
Sandiganbayan, Regional trial Court, Metropolitan
Trial Court, Municipal trial Court in Cities,
Municipal Trial Court and municipal Circuit Trial
Court, the court shall after arraignment and within
thirty days from the date the court acquires
jurisdiction over the person of the accused.
Note: All agreements or admissions made or
entered during the pre-trial conference shall be
reduced in writing and signed by the accused and

Q: What are the requirements in discharging of

accused to be a state witness?
A: 1.) There is absolute necessity for the testimony
of the accused whose discharge is requested
2.) There is no other direct evidence available
for the proper prosecution of the offense
committed except the testimony of said accused
3.) The testimony of said accused can be
substantially corroborated in its material
points
4.) Said accused does not appear to be the
most guilty

5.) Said accused has not at any time been

convicted of any offense involving moral
turpitude
Note: Evidence adduced in support of the discharge
shall automatically form part of the trial. Discharge
of accused to be state witness must be done upon
motion of the prosecution before resting its case.
Under Sec 18, once the witness is discharged under
sec 17 he is now considered acquitted and shall be
bar to future prosecution for the same offense,
unless the accused fails or refuses to testify against
his co-accused.
Q: What is a demurrer to evidence?
A: An objection by one of the parties in an action, to
the effect that the evidence which his adversary
produced is insufficient in point of law, whether true
or not, to make out a case or sustain the issue.
Q; When do you file a demurrer to evidence?
A: When the prosecution rests its case
Q: What are the two kinds of Demurrer to evidence?
A.
WITH LEAVE WITHOUT
OF COURT
LEAVE
OF
COURT
DENIED
The accused The
accused
may adduced waives the right to
evidence in his present evidence
defense
and submits the
case for judgment
on the basis of the
evidence for the
prosecution
GRANT
Tantamount to Tantamount
to
Dismissal/
Dismissal/Acquitta
Acquittal
l

A: Judgment is the adjudication by the court that the

accused is guilty or not guilty of the offense charged
and the imposition on him of the proper penalty and
civil liability, if any.
Q: If the judgment is of acquittal what shall it state?
A: It shall state whether the evidence of the
prosecution absolutely failed to prove the guilt of the
accused or merely failed to prove his guilt beyond
reasonable doubt.
Q: Is the offense proven included in the offense
charged or does the offense proven includes the
offense charged?
A: Yes, You convict the accused of the offense proved
which is included in the offense charged, or of the
offense charged which is included in the offense
proved.
Q: When does an offense include another, or when it
is included in the other?
A: An offense charged necessarily includes the
offense proved when some of the essential elements
or ingredients of the former, as alleged in the
compliant or information, constitute the latter. An
offense charged is necessarily included in the offense
proved, when the essential ingredients of the former
constitute or form part of those constituting the latter.
Q: Suppose the accused is charged with homicide and
what was proven is murder. What is the correct
procedure?
A: Convict him for the crime charged which is
homicide.
Note: A person cannot be convicted of a more serious
offense than that charged. The accused can only be
convicted for homicide and the qualifying
circumstances of murder should be treated only as an
ordinary aggravating circumstances. The same is true
with theft and robbery.

Note: Only the OSG, and not the private offended

party, has the authority to question the order granting
the demurrer to evidence in a criminal case. The
private party can only claim to the extent of the civil
liability of the accused.

Atty. Anel: In case of variance between the offense

charged and the offense proved always remember that
you will be convicted of the lesser offense. BUT DO
NOT REASON THIS OUT DURING THE BAR
USED RULE 120 SEC. 4.

RULE 120: JUDGMENT

READ OTHER SECTIONS OD RULE 120

ESPECIALLY
PROMULGATION
OF
JUDGMENT

Q: What is judgment?

RULE
121:
NEW
RECONSIDERATION

TRIAL

OR

Q: When can you file a new trial or reconsideration?

A: At any time before a judgment of conviction
becomes final.
Q: What is the effect of the filing of a motion for new
trial on the double jeopardy rule?
A: Am accused who files a motion for new trial
waives the protection of double jeopardy, so that if
the motion is granted, he can be convicted of the
graver offense charged in the complaint or
information
Q: What are the grounds for new trial?
A: 1.) That errors of law or irregularities prejudicial
to the substantial rights of the accused have been
committed during the trial
2.) That new and material evidence has been
discovered which the accused could not with
reasonable diligence have discovered and
produced at the trial and which if introduced and
admitted would probably change the judgment
Q: What are the grounds for reconsideration?
A: The court shall grant reconsideration on the
ground of errors of law or fact in the judgment
which requires no further proceedings.
Q: What are the effects of granting a new trial or
reconsideration?
A: 1.) When a new trial is granted on the ground of
errors of law or irregularities committed during
the trial, all the proceedings and evidence
affected thereby shall be set aside and taken
anew. The court may allow additional evidence.
2.) When a new trial is granted on the ground of
newly-discovered evidence, the evidence already
adduced shall stand and the newly-discovered and
such other evidence as the court may, in the
interest of justice, allow to be introduced shall be
taken and considered together with the evidence
already in record.
3.) In all cases, when the court grants new trial or
reconsideration, the original judgment shall be
set aside or vacated and a new judgment
rendered accordingly.
JUST READ RULE 122, 123, 124,125,126 AND
127.

Roberts vs. C.A. : In the case at bar, the DOJ

Panel submitted to the trial court its 26-page
report, the two (2) sworn statements of Alfaro
and the sworn statements of Carlos Cristobal
and Lolita Birrer as well as the counteraffidavits of the petitioners. Apparently, the
painstaking recital and analysis of the parties
evidence made in the DOJ Panel Report
satisfied both judges that there is probable cause
to issue warrants of arrest against petitioners.
Again, we stress that before issuing warrants of
arrest, judges merely determine personally the
probability, not the certainty of the guilt of an
accused. In doing so, judges do not conduct a de
novo hearing to determine the existence of
probable cause. They just personally review the
initial determination of the prosecutor finding a
probable cause to see if it is supported by
substantial evidence. The sufficiency of the
review process cannot be measured by merely
counting minutes and hours. The fact that it took
the respondent judges a few hours to review and
affirm the Probable cause determination of the
DOJ Panel does not mean they made no
personal evaluation of the evidence attached to
the records of the case.
Lacson vs. Executive Secretary: In cases where
none of the principal accused are occupying
positions corresponding to salary Grade 27 or
higher, as prescribed in the said Republic Act
6758, or PNP officers occupying the rank of
superintendent or higher, or their equivalent,
exclusive jurisdiction thereof shall be vested in
the proper regional trial court, metropolitan trial
court, municipal trial court, and municipal
circuit trial court, as the case may be, pursuant
to their respective jurisdictions as provided in
Batas Pambansa Blg. 129.
The Sandiganbayan shall exercise exclusive
appellate jurisdiction on appeals from the final
judgments, resolutions or orders of regular courts
where all the accused are occupying positions
lower than grade 27, or not otherwise covered by
the preceding enumeration.
Amatan vs. Aujero: Section 2, Rule, 116 of the
1985 Revised Rules of Criminal Procedure, as
amended, allows the accused in criminal case to
plead guilty "to lesser offense regardless of whether
or not it is necessarily included in the crime

charged." The fact of death of the victim for which

the accused Rodrigo Umpad was criminally liable,
cannot by simple logic and plain common sense be
reconciled with the plea of guilty to the lower
offense of attempted homicide. The crime of
homicide as defined in Article 249 of the Revised
Penal Code necessarily produces death; attempted
homicide does not. Concededly, hiatus in the law
exists in the case before us, which could either lead
to a misapprehension of Section 2 of Rule 116 or to
outright confusion. Such a result was itself
recognized by the Deputy Court Administrator
when he recommended an amendment to the
provision in his Memorandum.
People vs. Chua: There was no valid stop-and-frisk
in the case of accused-appellant. To reiterate,
accused-appellant was first arrested before the
search and seizure of the alleged illegal items found
in his possession. The apprehending police
operative failed to make any initial inquiry into
accused-appellants business in the vicinity or the
contents of the Zest-O juice box he was carrying.
The apprehending police officers only introduced
themselves when they already had custody of
accused-appellant. Besides, at the time of his arrest,
accused-appellant did not exhibit manifest unusual
and suspicious conduct reasonable enough to
dispense with the procedure outlined by
jurisprudence and the law. There was, therefore, no
genuine reasonable ground for the immediacy of
accused-appellants arrest.
Marcos vs. Ruiz: A bail bond may be forfeited only
in instances where the presence of the accused is
specifically required by the court or the Rules of
Court and, despite due notice to the bondsmen to
produce him before the court on a given date, the
accused fails to appear in person as so required.
There is no showing that the court had specifically
required the bonding company to produce the body
of the petitioner on 8 and 9 April 1985.
The time-bar under the new rule does not reduce the
periods under Article 90 of the Revised Penal Code,
People vs. Lacson: a substantive law. It is but a
limitation of the right of the State to revive a
criminal case against the accused after the
Information had been filed but subsequently

provisionally dismissed with the express consent of

the accused. Upon the lapse of the timeline under
the new rule, the State is presumed, albeit
disputably, to have abandoned or waived its right to
revive the case and prosecute the accused. The
dismissal becomes ipso facto permanent. He can no
longer be charged anew for the same crime or
another crime necessarily included therein. He is
spared from the anguish and anxiety as well as the
expenses in any new indictments. The State may
revive a criminal case beyond the one-year or twoyear periods provided that there is a justifiable
necessity for the delay. By the same token, if a
criminal case is dismissed on motion of the accused
because the trial is not concluded within the period
therefor, the prescriptive periods under the Revised
Penal Code are not thereby diminished.
People vs. Chaves: It is true that an accused cannot
be made a hostile witness for the prosecution, for to
do so would compel him to be a witness against
himself. However, he may testify against a codefendant where he has agreed to do so, with full
knowledge of his right and the consequences of his
acts. It is not necessary that the court discharges
him first as state witness. There is nothing in the
rules that says so. There is a difference between
testifying as state witness and testifying as a coaccused. In the first, the proposed state witness has
to qualify as a witness for the state, after which he is
discharged as an accused and exempted from
prosecution. In the second, the witness remains an
accused and can be made liable should he be found
guilty of the criminal offense.
Luces vs. People: Petitioner surrendered to the
authorities in order to disclaim responsibility for the
killing of the victim. This hardly shows any
repentance or acknowledgment of the crime on the
part of the petitioner. Moreover, at the time
petitioner surrendered, there was already a pending
warrant of arrest against him. His arrest by that time
was imminent. Hence, he should not be credited
with the mitigating circumstance of voluntary
surrender.