CRIMINAL PROCEDURE Rule 110 PROSECUTION of Offenses e. 9ibel and $ritten defamation 1.

General Rule: MTC and RTC courts gain jurisdiction over the offense upon the filing of complaint by a complainant or an information by the prosecuting officer Court gains jurisdiction over the person of the accused upon arrest or surrender such jurisdiction once gained cannot be lost even if accused escapes !Gimenez vs. Nazareno" #urisdiction of the court over the offense is determined at the time of the institution of the action and is retained even if the penalty for the offense is later lo$ered or raised ! People vs. Lagon" %. Complaint & s$orn $ritten statement charging a person $ith an offense' subscribed by the offended party' any peace officer or other public official charged $ith the enforcement of the la$ violated Information & accusation in $riting charging a person $ith an offense' subscribed by the fiscal and filed $ith the court ;. =rits of injunction or prohibition to restrain a criminal prosecution (. Complaint and )nformation distinguished: Complaint * s$orn statement ,ubscribed by the offended party' any peace officer or other officer charged $ith the enforcement of the la$ violated May be filed either $ith the court or in the fiscal-s office generally to commence the preliminary investigation of the charges made Information +eed not be s$orn to are not available' >?C>2T 1. To afford ade0uate protection to constitutional rights of accused %. +ecessary for the orderly administration of justice or to avoid oppression or multiplicity of actions (. 2re@judicial 0uestion $hich is sub judice /. *cts of the officer are $ithout or in eAcess of authority 7. 2rosecution is under an invalid la$' ordinance or regulation ;. Bouble jeopardy is clearly apparent <. Court has no jurisdiction over the case :. Case of persecution rather than prosecution C. Charges are manifestly false and motivated by lust for vengeance 15. Clearly no prima facie case against the accused and MTD on that ground had been denied <. )nstitution of Criminal *ctions: a. )n RTC: Ey filing a complaint $ith the appropriate officer for the purpose of conducting re0uisite preliminary investigation therein. b. )n Municipal Trial Courts and Municipal Circuit Trial Courts: Ey filing the complaint or information directly $ith said courts' or a complaint $ith the fiscal-s office c. )n Metropolitan Trial Courts Ey filing the complaint 4+9F $ith the office of the fiscal )n all ( above cases' such institution shall interrupt the period of prescription of the offense charged !Rule 115' 61" d. 4ffenses subject to summary procedure 7. Remedies of offended party $hen fiscal unreasonably refuses to file an information or include a person therein as an accused 1. %. (. /. 7. ;. <. :. )n case of grave abuse of discretion' action for mandamus 9odge a ne$ complaint against the offenders Ta1e up matter $ith the ,ecretary of #ustice )nstitute administrative charges against the erring fiscal .ile criminal charges under *rt. %5:' R2C !prosecution of offenses" .ile civil action under *rt. %<' +CC for damages !24 refuses or neglects to perform official duty" ,ecure appointment of another fiscal )nstitute another criminal action if no double jeopardy is involved

,ubscribed to by the fiscal

.iled $ith the court

/. Cases $here civil courts of e0ual ran1 are vested $ith concurrent jurisdiction: 1. .eatures stated in *rt. %' R2C Cogni3able by proper court in $hich charge is first filed 1. %. (. Continuing crimes committed in different judicial regions 4ffenses $herein any of the essential elements $ere committed in different territorial jurisdictions 4ffenses committed aboard a train' vehicle' aircraft or vessel !see R115' 617"

i. Railroad' train' aircraft !1" Territory or municipality $here vehicle passed !%" 2lace of departure !(" 2lace of arrival ii. 8essel !1" .irst port of entry !%" Thru $hich it passed during voyage

[i.e. (1 violation of traffic la!s" (# violation of rental la!s" ($ violation of municipal or cit% ordinances" and (& criminal cases !'ere t'e penalt% does not e(ceed ) mont's or fine of P1*** or bot'+ irrespective of ot'er imposable penalties and civil liabilities, The complaint or information shall be filed directly in court $ithout need of a prior preliminary eAamination or preliminary investigation. -aldivia vs. .e%es & since a criminal case covered by the Rules of ,ummary 2rocedure shall be deemed commenced only $hen it is filed in court' then the running of the prescriptive period shall be halted on the date the case is actually filed in court and not on any date before that. .eodica vs. C/ & Gclarifies -aldivia aboveH Inder *rt. C1 of the R2C' the period of prescription shall be interrupted by the filing of the complaint or information. )t does not distinguish $hether the complaint is filed for preliminary eAamination or investigation only' or for an action on the merits. Thus' the filing of the complaint even $ith the fiscal-s office should suspend the running of the ,tatute of 9imitations. The ruling in -aldivia is not applicable to all cases subject to the Rules on ,ummary 2rocedure' since that particular case involved a violation of an ordinance. Therefore' the applicable la$ therein $as not *rt. C1 of the R2C' but *ct +o. ((%; !J*n *ct to >stablish 2eriods of 2rescription for 8iolations 2enali3ed by ,pecial *cts and Municipal 4rdinances and to 2rovide $hen 2rescription ,hall Eegin to RunK"' 6% of $hich provides that period of prescription is suspended only $hen judicial proceedings are instituted against the guilty party. :. Contents of information a. +ame of the accused )nformation may be amended as to the name of the accused' but such amendment cannot be 0uestioned for the first time on appeal !People vs. Guevarra" >rror of name of the offended party: if material to the case' it necessarily affects the identification of the act charged. Conviction for robbery cannot be sustained if there is a variance bet$een the allegation and the proof as to the o$nership of the property stolen. b. Besignation of offense by statute !or of sectionLsubsection of statute violated" 4nly one offense charged' >?C>2T $here la$ prescribes a single punishment for various offenses. )f facts do not completely allege all the elements of the crime charged' the info may be 0uashed ho$ever' the prosecution is allo$ed to amend the info to include the necessary facts ! People vs. Purisima" c. *cts or omissions complained of constituting the offense )nformation need only allege facts' not include all the evidence $hich may be used to prove such facts !0alitaan vs. C1I"

d. +ame of offended party e. *pproAimate time of commission *pproAimation of time is sufficient amendment as to time is only a formal amendment no need to dismiss case ! People vs. 2olero" * significant discrepancy in the time alleged cannot be sustained since such $ould allo$ the prosecution to prove an offense distantly removed from the alleged date' thus substantially impairing the rights of the accused to be informed of the charges against him ! People vs. .e%es" f. 2lace of commission Conviction may be had even if it appears that the crime $as committed not at the place alleged' provided that the place of actual commission $as $ithin the court-s jurisdiction and accused $as not surprised by the variance bet$een the proof and the information Dualifying and inherent aggravating circumstances need to be alleged as they are integral parts of the crime. )f proved' but not alleged' become only generic aggravating circumstances. C. *mendment of information and ,ubstitution of information' distinguished

Amendment )nvolves either formal or substantial changes =ithout leave of court if before plea =here only as to form' there is no need for another preliminary investigation and reta1ing of plea of accused Refers to the same offense charged or $hich necessarily includes or is necessarily included in original charges' hence' substantial amendments to info after plea ta1en cannot be made over objections of accused for if original info is $ithdra$n' accused could invo1e double jeopardy

,ubstitution +ecessarily involves a substantial change +eeds leave of court as original information has to be dismissed *nother preliminary investigation is entailed and accused has to plead ane$

Re0uires or presupposes that ne$ info involves a different offense $hich does not include or is not included in the original charge' hence' accused cannot claim double jeopardy

15. *fter plea' amendment only as to matters of form' provided 1. %. 9eave of court is obtained and *mendment is not prejudicial to rights of accused

11. =hen amendment is only as to form 1. %. (. +either affects or alters nature of offense charged Charge does not deprive accused of a fair opportunity to present his defense Boes not involve a change in basic theory of prosecution

1%. >Aceptions to rule on venue 1. %. (. /. 7. .elonies in *rt. %' R2C !cogni3able by proper court in $hich charge is first filed" Continuing offenses 2iracy $hich is triable any$here 9ibel !residence or $here first published" )n eAceptional cases' to ensure fair trial and impartial in0uiry

filing of a corrected one' provided that the accused $ill not be placed in double jeopardy !substitution" .iscal determines direction of prosecution complainant must as1 fiscal if he $ants to dismiss the case the motion to dismiss must be addressed to the court $hich has discretion over the disposition of the case !.epublic vs. 5unga" 4bjection to the amendment of an information or complaint must be raised at the time the amendment is made other$ise' deemed to have consented thereto. 17. Remedies a. Motion to 0uash May be filed after arraignment but before plea on the grounds provided by the rules !generally' a fla$ in the info" )f duplicity of offense charged is not raised in trial through a motion to 0uash info' the right to 0uestion it is $aived !People vs. 3capan" b. Motion to dismiss May be filed after plea but before judgment on most of grounds for motion to 0uash 1;. Buplicity of 4ffense !in information or complaint" Befined as the joinder of separate and distinct offenses in one and the same informationLcomplaint Remedy: file a motion to 0uash failure is e0uivalent to a $aiver >Aception: $hen eAisting la$s prescribe a single punishment !compleA crimes" Rule 111 Prose ution of Ci!il A tion 1. General Rule: The injured party may file a civil action independent of the criminal proceeding to recover damages from the offender. *rticle (% is a valid cause of a civil action for damages against public officers $ho impair the Constitutional rights of citi3ens ! /berca vs. 6er" >ven if the private prosecutor participates in the prosecution' if he is not given the chance to prove damages' the offended party is not barred from filing a separate civil action %. Civil action for recovery of civil liability impliedly instituted' >?C>2T 1. %. (. =aiver Reservation of right to institute separate action )nstitution of civil action prior to criminal action

1(. ,pecial cases !$ho may prosecute" a. *dultery and concubinage 4nly offended spouse can be complainant Eoth guilty parties must be included in complaint b. Crimes against chastity =ith consent of the offended party' offended spouse' grandparents' guardian' or state as parens patriae' in that order 4ffended party' even if minor' has right to initiate the prosecution of the case independently of parents' grandparents or guardian' unless she is incompetentLincapable on grounds other than minority. )f offended party $ho is a minor fails to file the complaint' her parents' grandparents or guardian may do so. )n crimes against chastity' the consent of the victim is a jurisdictional re0uirement&retraction renders the information void !People vs. 3capan" )f compleAed $ith a public crime' the provincial fiscal may sign the complaint on his o$n c. Befamation !consisting of imputation of offenses in GaH or GbH" Complainant must be offended party The offended party may intervene in the prosecution of the criminal case because of her interest in it !0anal vs. 4adeo" 1/. 2rocedure 1. Complaint filed in MTC or info filed in RTC $here an essential ingredient of the crime too1 place !territorial jurisdiction" 1. *mendment as a matter of right before plea %. *mendment upon discretion of the court after plea

)nclusion of other accused is only a formal amendment $hich $ould not be prejudicial to the accused and should be allo$ed !People vs. C/" d. *fter plea and before judgment' if it appears there $as a mista1e in charging proper offense' court shall dismiss original info upon the

N3478 Inder ,C Circular 7<@C<' all criminal actions for violations of E2 Elg. %% shall be deemed to necessarily include the

corresponding civil action' and no reservation to file such civil action separately shall be allo$ed or recogni3ed. 5an Ildefonso Lines vs. C/ & past pronouncements of the ,C that the re0uirement in Rule 111 that a reservation be made prior to the institution of an independent civil action is an Junauthori3ed amendmentK to substantive la$ is no$ no longer controlling. .ar from altering substantive rights' the primary purpose of the reservation re0uirement is to avoid multiplicity of suits' to prevent delays' to clear congested doc1ets' to simplify the $or1 of the trial court' and in short' the attainment of justice $ith the least eApense and veAation to parties@litigants. (. Civil action suspended $hen criminal action filed' >?C>2T 1. %. (. /. )ndependent civil action !*rts. (%' ((' (/ and %1<; of +CC" 2rejudicial civil action Civil case consolidated $ith criminal action Civil action not one intended to enforce civil liability arising from the offense !e.g.' action for legal separation against a spouse $ho committed concubinage"

.inal judgment in civil absolving defendant from civil liability not a bar to criminal action <. .iling fees: 1. %. 1. *ctual or compensatory damages & filing fees not re0uired Moral' temperate and eAemplary & filing fees re0uired )f alleged' fees must be paid by offended party upon filing of complaint or information 1. )f not alleged' filing fees considered a first lien on the judgment

Rule 11" Preliminar# In!esti$ation 1. 2reliminary investigation & in0uiry or proceeding to determine if there is sufficient ground to engender a $ell@founded belief that a crime cogni3able by the RTC has been committed' and that the respondent is probably guilty thereof' and should be held for trial * preliminary investigation is only necessary for an information to be filed $ith the RTC complaints may be filed $ith the MTC $ithout need of an information' $hich is merely recommendatory !4andoc vs. .esultan" *bsence of a preliminary investigation is +4T a ground for a motion to 0uash the information an information filed $ithout a preliminary investigation is defective but not fatal in its absence' the accused may as1 for one it is the fiscal-s refusal to conduct a preliminary investigation $hen the accused demands one $hich is a violation of the rights of the accused (9oromal vs. 5andiganba%an". Court should not dismiss the info' but hold the case in abeyance and either: !1" conduct its o$n investigation or !%" re0uire the fiscal to hold a reinvestigation. %. G>+>R*9 RI9>: The fiscal conducts the preliminary investigation before filing an information $ith the RTC' 7:C7P4 $here the accused is la$fully arrested $ithout a $arrant and an in0uest is conducted. (. Right to 2reliminary )nvestigation

/. 2rejudicial 0uestion arises $hen 1. %. The civil action involves an issue similar or intimately related to the issue raised in the criminal action The resolution of such issue $ill determine $hether the criminal action $ill proceed or not

Re0uisites for a prejudicial 0uestion: 1. %. The civil action involves an issue similar or intimately related to the issue raised in the criminal action: and The resolution of such issue determines $hether or not the criminal action may proceed

2etition for suspension of criminal action is to be filed at any time before prosecution rests. 7. Remedies

* personal right and may be $aived a. Reservation of right to institute separate civil proceedings to recover civil liability arising from crime Must be made before prosecution presents evidence /. =ho conducts 2reliminary )nvestigation *ction instituted only after final judgment in criminal action b. 2etition to suspend the criminal action May be filed upon eAistence of a prejudicial 0uestion in a pending civil action .iled at any time before the prosecution rests ;. >Atinction of penal action does not carry $ith it eAtinction of the civil unless the eAtinction proceeds from a declaration in a final judgment that the fact from $hich the civil might arise did not eAist. a. )f conducted prior to arrest i. Complainant files complaint $ith 1. %. (. /. 7. 2rovincial or city fiscals and their assistants #udges of MTC and MCTC +ational and regional state prosecutors ,uch other officers as may be authori3ed by la$ Buly authori3ed legal officers of C4M>9>C 1. The 4mbudsman %. The 2CGG' in cases of ill@gotten $ealth =aived by failure to invo1e the right prior to or at least at the time of the plea

7. 2rocedure

!a" 2rovincial or city fiscal !b" Regional or state prosecutor

!b" .iscal determines eAistence of prima facie evidence based on the statements of the complainant' arresting officer and $itnesses !c" .iscal either dismisses the complaint and orders the immediate

!c" MTC or MCTC judge' eAcluding MTC judge of Metro Manila or chartered cities

release of the accused' 4R prepares and files an information =hile fiscal has 0uasi@judicial discretion $hether or not to file an

!d" 4ther offices authori3ed by la$ 1. )nvestigating officer either dismisses complaint or as1s by subpoena complainant and respondent to submit affidavits and counter@affidavits 1. )f the investigating officer finds prima facie evidence' he prepares an information and a resolution

information' once it is filed $ith the court' the court ac0uires jurisdiction giving it discretion over the disposition of the case and the ,ec. of #ustice should refrain from entertaining petitions for revie$ or appeals from the decision of fiscal !Crespo vs. 2ogul" 6elas;uez vs. <ndersecretar% of =ustice" N3478 )nformation may be filed by offended party' peace officer or fiscal $ithout preliminary investigation. ;. Remedies a. Motion for preliminary investigation .iled $hen accused is arrested $ithout $arrant Must be $ith assistance of counsel and after $aiving *rt. 1%7' R2C b. Motion for preliminary investigation .iled $ithin 7 days after accused learns an information against him

i.e.' if fiscal finds reasonable ground to believe that a crime has been committed and accused is probably guilty thereof Prima facie evidence is that evidence $hich' standing alone' uneAplained and uncontradicted' $ould be enough to merit a conviction of the accused iv. 4ther$ise' he recommends the dismissal of the complaint )f the investigating officer is an MTC judge' and he finds that probable cause eAists and that there is a need to place the accused under custody' then he may issue a $arrant of arrest 1lores vs. 5umaling & =hat differentiates the present rule from the previous one is that $hile before' it $as mandatory for the investigating judge to issue a $arrant for the arrest of the accused if he found probable cause' the rule no$ is that the investigating judge-s po$er to order the arrest of the accused is limited to instances in $hich there is a necessity for placing him in custody Jin order not to frustrate the ends of justice.K )t is therefore error for the investigating judge to order the issuance of a $arrant of arrest solely on his finding of probable cause' $ithout ma1ing any finding of a necessity to place the accused in immediate custody to prevent a frustration of justice. 1. )nvestigating officer for$ards records to the city fiscal or chief state prosecutor 1. City fiscal or state prosecutor either dismisses the complaint or files the information in court Becision prevails over decision of the MTC judge vii. Records $ill not form records of the case proper Court on its o$n or on motion may order production of record b. )f conducted after $arrantless arrest 1. )f accused $aives *rt. 1%7' R2C and as1s for a preliminary investigation' $ith the assistance of counsel' then the procedure for one prior to arrest is follo$ed 1. )n0uest conducted as follo$s

has been filed $ithout a preliminary investigation c. Motion for re@investigation d. *ppeal to B4# .iled upon denial of his motion for a preliminary investigation' on the ground that his rights to due process of la$ $ere violated' ousting the court of jurisdiction e. 2etition for prohibition .iled $ith appellate court to stop the criminal proceedings 4rdinarily' injunction $ill not lie but may be granted in certain cases =hen prohibition proper to restrain criminal proceedings: 1. %. (. /. 7. =hen strong@arm tactics are used for vindictive purposes !5alonga vs. Cruz>Pano" =hen the accused is deprived of his rights =hen the statute on $hich the charge is based is null and void =hen it $ill aid the administration of justice !4atad vs. 5andiganba%an" =hen multiplicity of suits $ill be avoided !Guingona vs. Cit% 1iscal"

Rule 11% Arrest

!a" .iscal determines the validity of the arrest

1. /rrest & ta1ing a person into custody in order that he may be bound to ans$er for the commission of some offense' made by an actual restraint of the person or by his submission to custody %. General Rule: +o person may be arrested $ithout a $arrant.

iii. #udge issues $arrant of arrest )f $ithout preliminary eAamination' considered irregular !0agcal vs. 6illaraza" iv. )f peace officer is unable to serve $arrant 15 days after issuance'

+ot all persons detained are arrested only those detained to ans$er for an offense.

he must file a report and eAplanation $ith judge $ithin 15 days v. )f $arrant served

J)nvitationsK are not arrests and are usually not unconstitutional' but in some cases may be ta1en as commands !0abst vs. N0I" ho$ever' the practice of issuing an JinvitationK to a person $ho is investigated in connection $ith an offense he is suspected to have committed is considered as placing him under Jcustodial investigation.K !R* </(:" =arrants of arrest remain valid until arrest is effected' or the $arrant is lifted .or private citi3ens ma1ing an arrest *rrest may be made at any time of the day or night May not do so eAcept to do some service to humanity or justice (. =arrantless arrests by a peace officer or a private person !7" +o violence or unnecessary force may be used a. =hen person to be arrested is committing' attempting or has committed an offense b. =hen an offense has just been committed and the person ma1ing the arrest has personal 1no$ledge that the person to be arrested committed it =arrantless arrest anytime for a continuing offense li1e rebellion' subversion !<mil vs. .amos" The continuing crime' not the crime finally charged' needs only be the cause of the arrest !<mil vs. .amos" c. =hen person to be arrested is an escaped detainee !either serving sentence or $ith case pending" 1. %. (. =hen a person la$fully arrested escapes Eondsman' for purpose of surrendering the accused *ccused attempts to leave country $ithout court permission vi. 2erson arrested is brought to nearest police station or jail !;" 4fficer may summon assistance !<" 2erson $ho escapes after arrest may be immediately pursued !1" 2erson informed that he is being arrested !%" )nformed of cause of his arrest !(" 4fficer may brea1 door or $indo$ if admission to building is refused !/" 2erson physically restrained

b. =ithout $arrant: 1. 2erson is arrested 1. 2erson arrested may $aive right to *rt. 1%7' R2C and as1 for preliminary investigation or in0uest

.iscal is not judicial authority contemplated under *rt. 1%7 ! 5a%o vs. C'ief of Police" 1. .iscal files info 7. Re0uisites for a $arrant of arrest: 1. %. (. 2robable cause ,igned by judge ,pecifically naming or particularly and sufficiently describing person to be arrested

/. 2rocedure a. =ith $arrant 1. %. Complainant files application $ith affidavits attached #udge conducts e( parte preliminary eAamination to determine probable cause

#ohn Boe $arrants are void for being general $arrants !Pangandaman vs. Cesar" ;. Remedies a. 2etition for $rit of 'abeas corpus .iled $ith any court' to effect immediate release of the person detained !%" =itness must be under oath .iled $hen a person is being illegally detained !$ithout judicial !(" >Aamination must be reduced to $riting ! Luna vs. Plaza" )n determining probable cause' the judge may rely on findings by responsible officer !Lim vs. 1eli(" process"' or $as illegally arrested !void $arrant or unla$ful $arrantless arrest' or $arrantless arrest beyond period $ith no information filed"

)n determining probable cause' judge must: !1" 2ersonally eAamine $itness

 ?abeas corpus is not allo$ed $hen: 1. The person is in custody of an officer under process of la$' and %. The court had jurisdiction to issue the process !Luna vs. Plaza" )f an arrest is improper' the remedy is a motion for 0uashal of the $arrant of arrest andLor a motion to 0uash the information' not 'abeas corpus !Ilagan vs. 7nrile" ?abeas corpus is no longer available after an information has been filed' the information being the judicial process re0uired by la$ !Ilagan vs. 7nrile" ?abeas corpus is proper $hen a person is being restrained illegally' e.g.' imprisoned past maAimum penalty allo$ed by la$ !Gumabon vs. 9irector of Prisons" b. Duashal of $arrant of arrest .iled $ith court $hich issued the $arrant of arrest $hen the $arrant of arrest is fatally fla$ed c. Motion to 0uash information .iled $ith court $hen information against the person arrested has been filed Must be made in a Jspecial appearanceK before the court 0uestioning only its lac1 of jurisdiction over the person of the accused 4ther$ise' the voluntary appearance of the person arrested by filing a motion before the court $ould be deemed a submission to the authority of the court' thus granting it $hatever jurisdiction it lac1ed over the person *ny irregularity in the arrest is cured $hen the petitioner submits himself to the jurisdiction of the court' e.g.' by filing for bail !0agcal vs. 6illaraza" <. 6.6. 2endoza+ @.ig'ts to Counsel in Custodial InvestigationA >volution of rights of the accused under custodial investigation 1. *ll involuntary confession $ere inadmissible accused had to prove involuntariness 1. )nvoluntary confessions $ere inadmissible only if they $ere false %. Revert to eAclusionary rule: any involuntary confession is inadmissible 1. Miranda rule: the accused must be informed of his rights 1. To remain silent %. *gainst self@incrimination (. To counsel /. Befinition of custodial investigation 0uestioned 1. )t begins only after arrest

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7.

2olice investigations prior to arrest are not covered The rights may be $aived' but the rights to be informed of these rights' i.e.' to $arning' may not be $aived =arning must not only be said' officer must ma1e sure the person arrested understands them specifically 2resent rules 1. 8oluntary confessions are admissible %. Test of voluntariness determined on a case@to@case basis (. =aiver of rights must not only be $ith counsel but must be in $riting

Confessions made $ithout assistance of counsel are inadmissible as evidence to incriminate the accused' but they may be used to impeach the credibility of the accused' or they may be treated as verbal admission of the accused through the testimony of the $itnesses !People vs. 2olas" Rule 11& 'ail 1. 0ail & security given for the release of a person in custody of la$' furnished by him or a bondsman' conditioned upon his appearance before any court as re0uired under the follo$ing conditions: 1. Inderta1ing effective upon approval and remains in force at all stages until promulgation of judgment' unless sooner cancelled %. *ccused shall appear before court $hen re0uired (. .ailure to appear despite notice to him or the bondsman $ill $aive his right to be present and trial shall proceed in absentia /. Eondsman shall surrender accused for eAecution of judgment Eail applies to all persons detained' not just to those charged $ith the offense !?erras vs. 4ee'anBee" Court has po$er to prohibit person out on bail from leaving the country !2anotoc+ =r. vs. C/" Eail implies delivery of the accused to the sureties $ho' though not holding him prisoner' may sei3e him and imprison him until they can deliver him to court !<5 vs. 0onoan" %. General Rule: *ll persons are entitled to bail as a matter of right' e(cept those charged $ith capital offenses. Right to bail traditionally unavailable to military personnel facing court martial' $ho are not in the same class as civilians !Comendador vs. de 6illa"

 Eail should be available regardless of other circumstances or the merits of the case' if the health or the life of the detainee is in danger !9ela .ama vs. PeopleCs Court" >Acessive bail is tantamount to denial of bail' $hich is unconstitutional !9ela Camara vs. 7nage" (. =hen bail is a matter of right Eefore or after conviction by MTC' MCTC' M#C Eefore conviction by the RTC of an offense not punishable by death' reclusion perpetuaor life imprisonment /. =hen bail is discretionary !application filed $ith court $here case is pending" 1. %. (. Ipon conviction by RTC of an offense not punishable by death' reclusion perpetua or life imprisonment 2rovisional liberty under same circs. but during period to appeal subject to consent of bondsman )n case he has applied for probation after final judgment' he may be allo$ed temporary liberty under his bail or recogni3ance

%. )f evidence is strong' bail is denied 1. 4ther$ise' judge sets bail and procedure for non@capital offense is follo$ed )n capital crimes' judge-s discretion is limited to determining strength of evidence and does not cover determining

$hether bail should be allo$ed !?erras vs. 4ee'anBee" >vidence must be strong that the accused is guilty of the capital offense charged' not just of any offense ! 0ernardez vs. 6alera" ;. 0ail bond & an obligation under seal given by accused $ith one or more sureties and made payable to proper officer $ith the condition to be void upon performance by the accused of such acts as he may legally be re0uired to perform <. Recogni3ance 1. 4bligation of record entered into before some court of magistrate duly authori3ed to ta1e it' $ith the condition to do some particular act' the most usual condition in criminal cases being the appearance of the accused for trial Boes not re0uire signature of accused for trial Boes not re0uire signature of accused to be valid

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:. 2rosecution $itnesses may be re0uired to post bail to ensure their appearance at the trial' e(cept8 1. ,ubstitution of info !see R115' 61/" %. Court believes that material $itness may not appear at the trial C. =hen bail re0uired under R* ;5(; !violation of ordinance' light

7. 2rocedure a. 4ffense charged is not capital: i. *ccused applies for bail !1" =here information against him $as filed or $here case is pending !%" *bsent !1"' in another branch of the same court $ithin the province or city $here he is held !(" )f arrested in another province' city or municipality' file $ith the RTC !/" *bsent !("' $ith the MTC 1. #udge sets bail 1. *ccused may move to reduce bail' and hearing $ill be set %. *ccused posts bail and deposits the same $ith the MunicipalLCityL2rovincial Treasurer or' if cash' $ith the Collector of )nternal Revenue (. *ccused is released

felony' criminal offense & not higher that ; month imprisonment andLor 2%555 fine' or both" 1. %. (. /. 7. a. Caught in flagrante Confessed to commission of offense unless repudiated !force and intimidation" 2reviously escaped' evaded sentence or jumped bail 8iolation of ,ec. % !fails to report to cler1 of court periodically under his recogni3ance" Recidivist' habitual delin0uent previously convicted for an offense to $hich the la$ or ordinance attaches an e0ual or greater penalty or for % or more offenses to $hich it attaches a lighter penalty Committed offense $hile on parole or under conditional pardon 2reviously pardoned by municipal or city mayor for violation of ordinance for at least % times

;. <.

b. 4ffense charged is capital: 1. %. *ccused petitions for bail #udge sets hearing to determine $hether evidence of guilt is strong

15. )nstances $hen accused may be released on recogni3ance: 1. 4ffense charged is a violation of an ordinance' a light felony or criminal offense the imposable penalty to $hich does not eAceed ; months and or 2%555 fine 2erson has been in custody for a period e0ual to or more than the minimum of the imposable principal penalty' $ithout application of the )ndeterminate ,entence 9a$ or any modifying circumstance

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7(>parte hearing on bail is arbitrary and unacceptable !?erras vs. 4ee'anBee" 1. 2rosecution presents evidence 1. Court may not force fiscal to produce evidence !?erras vs. 4ee'anBee"

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*ccused has applied for probation and before the same has been resolved' but +4 E*)9 $as filed or accused is incapable of filing one Fouthful offender held for physical and mental eAamination' trial or appeal' if unable to furnish bail

17. Remedies 1. %. *pplication for bail' $hen bail can be availed of as a matter of right 2etition for bail' $hen the offense charged is a capital offense

.or judge to set hearing for the determination of strength of 11. Cancellation of bail a. Ipon application $ith the court and due notice to the fiscal 1. *ccused surrenders bac1 to custody 1. *ccused dies evidence of guilt 1;. Circumstances to be considered in fiAing amount of bail: 1. %. (. /. 7. ;. <. :. C. .inancial ability of accused to give bail +ature and circumstances of offense 2enalty of offense charged Character and reputation of accused *ge and health of accused =eight of evidence against accused 2robability of accused appearing for trial .orfeiture of other bonds .act that accused $as a fugitive from justice $hen arrested and 15. 2endency of other cases in $hich the accused is under bond 1<. +otes: 1. 2osting bail $aives the right to 0uestion any irregularity attending the arrest of a person !Callanta vs. 6illanueva". Mo$ever' this does not result in $aiver of the inadmissibility of the articles sei3ed incidentally to such illegal arrest. *ccused $aived the right to 0uestion any irregularity in the conduct of the preliminary investigation $hen he failed to do so before entering his plea !People vs. 9ela Cerna" *ccused out on bail may be re@arrested if he attempts to depart from the 2hilippines $ithout prior court permission !$arrantless arrest allo$ed".

b. *utomatic cancellation 1. Case is dismissed 1. *ccused is ac0uitted %. *ccused is convicted and surrenders for eAecution of judgment

1%. =hen bail cancelled or denied: after RTC imposes imprisonment eAceeding ; years' but not more than %5 years' and: 1. %. (. /. 7. *ccused is a recidivist' 0uasi@recidivist' habitual delin0uent or guilty of the aggravating circumstance of reiteration 2rovisionally escaped' evaded sentence' violated provisions of bail Committed offense $hile on probation' parole' or conditional pardon 2robability of flight or Indue ris1 that during appeal' he may commit another crime

%.

1(. =hen bail is forfeited a. *ccused fails to appear before court $hen re0uired (5 days for bondsman to sho$ cause $hy judgment should not be rendered against him b. Eondsman fails to produce him $ithin (5 days c. Eondsman fails to satisfactorily eAplain to the court $hy accused did not appear $hen first re0uired to do so ,ureties guarantee only appearance of the accused' not his conduct !<5 vs. 0onoan" ,ureties eAonerated if appearance made impossible by an act of God' the obligee or the la$ !<5 vs. 0onoan" 1/. 2rovisional forfeiture 1. %. =ithin (5 days' produce the body or give reason for non@ production *+B >Aplain satisfactorily the absence of the accused $hen first re0uired to appear

(.

Rule 11( Ri$)ts of A used 1. Right of the accused under the Rules a. To be presumed innocent until proven guilty beyond reasonable doubt )n an appeal from a conviction' the accused shall again be presumed innocent until and unless his conviction is affirmed !Castillo vs. 1eli(" b. To be informed of the nature and cause of charges The right must be substantially complied $ith arraignment and later proceedings must be in a language the accused understands !People vs. Crisologo" c. To be present at every stage of proceedings' subject to $aiver by bail

 )f an accused escapes' he $aives this right and merits a trial in absentia the accused forfeits his rights to be notified of proceedings in the future and to adduce evidence in his behalf ! People vs. 5alas" 1. To testify as $itness on his o$n behalf' subject to cross@ eAamination on matters covered by direct eAamination not to be prejudiced by his silence %. +ot to be compelled to be a $itness against himself (. To confront and eAamine the $itnesses against him' including the right to use in evidence testimony of a $itness /. =ho is deceased' out of or cannot $ith due diligence be found in the R2 1. Given in another proceeding %. =ith the same parties (. ,ame subject matter /. 4pportunity to cross@eAamine 2rosecution has no privilege to $ithhold the identity of informers $hen such informer $as crucial in the operation itself failure to present the informer is a denial of the right to confront the $itness $hich merits the reversal of the conviction !People vs. 0agano" g. To have compulsory process to secure $itnesses and evidence in his behalf h. To have a speedy' impartial and public trial Inreasonable postponements of trial amounts to a denial of the right to a speedy trial' entitling the accused to mandamus to compel dismissal of the case' or to habeas corpus if he is detained i. To have the right of appeal %. Rights of the accused under the Constitution a. To due process b. *gainst self@incrimination Right is limited to testimonies ocular inspection of the body may be allo$ed !6illaflor vs. 5ummers" Eeing informed of rights means a meaningful transmission of information' $ithout $hich confession made by the accused is inadmissible !People vs. Nicandro" Confessions obtained through coercion are inadmissible !People vs. 3pida" Right against self@incrimination and to counsel do not apply during custodial investigation !People vs. /%son" Buring trial' the right against self@incrimination ta1es the follo$ing form:

(. Bouble jeopardy 1. %. (. .irst jeopardy must have attached prior to the first .irst jeopardy attached and terminated 8alid complaint or information 1. Competent court $ith jurisdiction %. *ccused had pleaded (. *ction ended in conviction' ac0uittal or termination $ithout the consent of the accused 4ffense charged in later case is: 1. ,ame as that in previous case 1. +ecessarily includes or is included in the previous case %. *n attempt or frustration of the offense in previous case 1. *n offense lesser than that charged to $hich the accused pleaded guilty $ith the consent of the fiscal and the offended party

c.

/. >Aceptions to double jeopardy 1. %. The offense $as made graver by supervening events The facts constituting the graver offense $ere only discovered after the filing of the earlier information

+o double jeopardy if the ne$ fact $hich justified the ne$ charge arose only after arraignment and conviction !People vs. Cit% Court" +o double jeopardy $here the trial $as a sham since there $as no competent court !Galman vs. 5andiganba%an" +o double jeopardy if first case $as dismissed $ith consent of the accused !Caes vs. I/C" There is double jeopardy if a person is charged t$ice under different penal statutes for the same acts !People vs. .elova" c. 2lea of guilty to a lesser offense $ithout the consent of the fiscal and the offended party 7. Remedies 1. %. Motion to 0uash Motion to dismiss

Eoth filed on the ground of violation of accused-s rights' thereby ousting the court of jurisdiction ;. N34758 Constitution' *rt. )))' ,ec. 1 +o person shall be deprived of life' liberty or property $ithout due

1. %.

*ccused may refuse to testify )f he testifies' he may refuse to ans$er those 0uestions $hich may incriminate him in *+4TM>R offense

process of la$' nor shall any person be denied the e0ual protection of the la$s. Constitution' *rt. )))' ,ec. 1/

c. *gainst double jeopardy 1. d. To be heard by himself and counsel +o person shall be held to ans$er for a criminal offense $ithout due process of la$.

%.

)n all criminal prosecutions' the accused shall be presumed innocent until the contrary is proved' and shall enjoy the right to be informed of the nature and cause of the accusations against him' to have a speedy' impartial and public trial' to meet the $itnesses face to face' and to have compulsory process to secure the attendance of $itnesses and the production of evidence in his behalf.

constitute reversible error and ground for ne$ trial. .urther' such right may be $aived' eApressly or impliedly.

+4T>' M4=>8>R' under ,C Circular (:@C: !implementing J,peedy Trial *ct of 1CC<K"' accused must be given at least 17 days to prepare for trial' $hich shall commence $ithin (5 days from receipt of 2re@Trial 4rder. j. Case proceeds to pre@trial' trial or hearing' depending on the plea ,tatement in the judgment that the accused $as arraigned and pleaded is sufficient the manner of statement of such fact is immaterial !People vs. Cariaga"

Mo$ever' after arraignment' trial may proceed not$ithstanding the absence of the accused provided that he has been duly notified and that his failure to appear is unjustifiable. Constitution' *rt. )))' ,ec. 1; *ll persons shall have the right to a speedy disposition of their cases before all judicial' 0uasi@judicial' or administrative bodies. Constitution' *rt. )))' ,ec. 1<

%. Ninds of plea +o person shall be compelled to be a $itness against himself. Constitution' *rt. )))' ,ec. %1 +o person shall be t$ice put in jeopardy of punishment for the same offense. )f an act is punished by a la$ or ordinance' conviction or ac0uittal under either shall constitute a bar to another prosecution for the same act. Rule 11* Arrai$nment and Plea 1. 2rocedure 1. %. Court informs accused of his right to counsel and as1s him if he $ants one Court appoints counsel de oficio if accused has none 7. 1. %. (. /. +o plea & a plea of not guilty shall be entered Conditional plea of guilt & a plea of not guilty shall be entered +ot guilty & case proceeds to trial or pre@trial Guilty to a lesser offense & if fiscal and offended party consents' conviction under offense charged for purposes of double jeopardy )nfo may be amended 1. Case goes to trial %. >ven if info is not amended' and even if lesser offense is not included in offense charged' court may still find the accused guilty of that lesser offense

e. Guilty to a capital offense Court conducts searching in0uiry to determine if accused $as a$are of the charges' of his plea' and its conse0uences Court re0uires prosecution to present evidence to prove guilt of accused and determine his degree of culpability' and accused may still establish presence of mitigating circumstances in his favor f. Guilty to a non@capital offense Court receives evidence from the parties to determine penalty to impose 2lea of guilty not necessarily follo$ed by conviction. Ipon receipt of eAculpatory evidence !if accused pleaded guilty"' trial court should consider the plea $ithdra$n and in its place' order the plea of not guilty 2lea of guilty $aives only defects $hich may be ta1en advantage of by motion to 0uash or by plea in abatement cannot cure jurisdictional defects. (. >ffects a. >ntry of plea $ill $aive

)f no such member of the available' any person $ho is a resident of the province' of good repute for probity and ability to defend accused c. Court gives counsel time to confer $ith accused at least an hour before arraignment 2eriod allo$ed for counsel de oficio to confer $ith accused must be substantially complied $ith if not' case may be remanded for re@ arraignment !People vs. Gonzaga" 1. *ccused given a copy of the information' $hich is read to him in a language he understands %. *ccused is as1ed $hether he pleads guilty or not guilty (. *ccused files a motion to 0uash or ma1es plea /. *ccused personally ma1es his plea 7. 2lea is entered into record ;. )f accused ma1es plea of not guilty' counsel has at least % days to prepare for trial People vs. /gba%ani & the right for % days to prepare must be eApressly demanded. 4nly $hen so demanded does denial thereof

1. %. (.

Right to 0uestion illegality of the arrest Right to 0uestion any irregularity in the preliminary investigation Right to file a motion to 0uash

b. )mprovident plea of guilty may be changed to not guilty any time before judgment is rendered c. * plea of not guilty may not be changed to guilty' as doing so $ould only spare the prosecution of presenting evidence and still result in the conviction of the accused. /. Remedies a. Motion for specification May be filed any time before plea' even after a MTD .iled $hen the information is insufficient in form or is generally $orded' that a Eill of 2articulars is necessary to clarify the acts for $hich the accused is being charged b. Motion to 0uash May be filed at anytime before plea is entered Eased on grounds provided by the rules c. Motion to suspend arraignment .iled $hen the accused seems mentally unsound or if there is a prejudicial 0uestion in a pending civil case d. Motion to $ithdra$ an improvident plea of guilt May be filed at any time before judgment of conviction becomes final' $hen it can be sho$n that the accused $as not a$are of the significance of pleading guilty to the charges