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PART III. RULES OF CRIMINAL PROCEDURE Rules 110 127 General Matters Requ s tes !"r e#er$ se "!

! $r % nal &ur s' $t "n

1. The court is clothed with jurisdiction over the offense by virtue of the imposable penalty and its nature; and 2. The action has been filed within the territorial jurisdiction of the court.

(ur s' $t "n "! Cr % nal $"urts C"urt Su+re%e C"urt Or ) nal Exclusive:Petitions for certiorari prohibition and mandamus a!ainst the "# and $andi!anbayan. "oncurrent: a% with "#: petitions for certiorari prohibition and mandamus a!ainst &T"; b% with "# and &T": petitions for certiorari prohibition and mandamus a!ainst lower courts; c% with $andi!anbayan: petitions for mandamus prohibition certiorari habeas corpus injunction and ancillary writs in aid of its appellate jurisdiction and over petitions of similar nature includin! quo warranto arisin! or that may arise in cases filed or which may be filed under E' (os. 1 2 1) and 1)*#. E#$lus *e A++ellate +y #ppeal:a% from the &T" in all criminal cases involvin! offenses for which the penalty is reclusion perpetua or life imprisonment and those involvin! other offenses which althou!h not so punished arose out of the same occurrence or which may have been committed by the accused on the same occasion; b% #utomatic review where death penalty is imposed. +y Petition for &eview on Certiorari: a% from the "ourt of #ppeals; b% from the $andi!anbayan; c% from the &T" where only an error or ,uestion of law is involved.

C"urt "! A++eals

Exclusive:#ctions for annulment of jud!ments of the &T" "oncurrent: a% with the $": petitions for certiorari prohibition and mandamus a!ainst &T"; b% with $" and &T": petitions for certiorari prohibition and mandamus a!ainst lower courts.

+y #ppeal:-rom the &T" in cases commenced therein except those appealable to the $" or the $andi!anbayan; +y Petition for &eview: -rom the &T" in cases appealed thereto from the lower courts and not appealable to the $andi!anbayan

San' )an,a-an

Exclusive:a% .iolations of &# /011 as amended &# 1/21 and bribery and corruption offenses under the &evised Penal "ode where one or more of the accused are officials occupyin! positions in the !overnment whether in a permanent actin! or interim capacity at the time of the commission of the offense; b% 'ther offenses or felonies whether simple or complexed with other crimes committed in relation to their office by the public officials and employees mentioned in $ec. )3a4 P5 1606 as amended by &# 2027; b% "riminal cases filed pursuant to and in connection with E' (os. 1 2 1) and 1)*#

+y #ppeal:

a% from the &T" in cases under P5 1606 as amended by P5 1861 whether or not the cases were decided b them in the exercise of their ori!inal or appellate jurisdictions;

Re) "nal Tr al C"urts

#ll criminal cases which are not within the exclusive jurisdiction of any court tribunal or body. 'ri!inal:a% .iolations of city or municipal ordinances committed within their respective territorial jurisdictions;

#ll cases decided by lower courts in their respective territorial jurisdictions.

Metr"+"l tan. Mun $ +al an' Mun $ +al C r$u t Tr al C"urts

Su%%ar- Pr"$e'ure a% Traffic violations;

b% #ll offenses punishable with imprisonment of not more than 6 years irrespective of the amount of fine and in all cases of dama!e to property throu!h criminal ne!li!ence re!ardless of other penalties and the civil liabilities arisin! therefrom; and c% #ll offenses 9except violations of &# /011 &# 1/21 and #rts. 210 to 212 &P"% committed by public officers and employees in relation to their office includin! those employed in :'""s and by private individuals char!ed as co* principals accomplices or accessories punishable with imprisonment of not more than 6 years or where none of the accused holds a position of salary :rade 22 and hi!her.

b% .iolations of the rental law; c% .iolations of city or municipal ordinances; and d% #ll other offenses where the penalty does not exceed 6 months imprisonment and;or P1 000 fine irrespective of other penalties or civil liabilities arisin! therefrom and in offenses involvin! dama!e to property throu!h criminal ne!li!ence where the imposable fine does not exceed P10 000.

/0en n&un$t "n %a- ,e ssue' t" restra n $r % nal +r"se$ut "n 91% :eneral &ule: "riminal prosecution may not be restrained or stayed by injunction. 92% Exceptions: 1. To afford ade,uate protection to the constitutional ri!hts of the accused; 2. Then necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions; /. <hen there is a pre*judicial ,uestion which is sub judice; ). <hen the acts of the officer are without or in excess of authority; 7. <here the prosecution is under an invalid law ordinance or re!ulation; 6. <hen double jeopardy is clearly apparent; 2. <here the court has no jurisdiction over the offense; 8. <here it is a case of persecution rather than prosecution; 1. <here the char!es are manifestly false and motivated by the lust for ven!eance;

10. <hen there is clearly no prima facie case a!ainst the accused and a motion to ,uash on that !round has been denied; and 11. To prevent the threatened unlawful arrest of petitioners 9 Brocka v. Enrile 192 SCRA 1 ! "199#$.

Pr"se$ut "n "! O!!enses Rule 1101 Cr % nal a$t "ns. 0"2 nst tute' 91% "riminal actions shall be instituted as follows: 9a% -or offenses where a preliminary investi!ation is re,uired pursuant to section 1 of &ule 112 by filin! the complaint with the proper officer for the purpose of conductin! the re,uisite preliminary investi!ation. 9b% -or all other offenses by filin! the complaint or information directly with the =unicipal Trial "ourts and =unicipal "ircuit Trial "ourts or the complaint with the office of the prosecutor. >n =anila and other chartered cities the complaint shall be filed with the office of the prosecutor unless otherwise provided in their charters. The institution of the criminal action shall interrupt the period of prescription of the offense char!ed unless otherwise provided in special laws "Sec. 1$. 1. Preliminary investi!ation is re,uired for offenses punishable by at least ) years 2 months and 1 day unless the accused was lawfully arrested without a warrant in which case an in,uest must have been conducted "Secs. 1 and %& Rule 112$. /0" %a- ! le t0e%. $r %es t0at $ann"t ,e +r"se$ute' de oficio #ll criminal actions commenced by complaint or information shall be prosecuted under the direction and control of the prosecutor. ?owever in the =unicipal Trial "ourts or =unicipal "ircuit Trial "ourts when the prosecutor assi!ned thereto or to the case is not available the offended party any peace officer or public officer char!ed with the enforcement of the law violated may prosecute the case. This authority shall cease upon actual intervention of the prosecutor or upon elevation of the case to the &e!ional Trial "ourt. The crimes of adultery and concubina!e shall not be prosecuted except upon a complaint filed by the offended spouse. The offended party cannot institute criminal prosecution without includin! the !uilty parties if they are both alive nor in any case if the offended party has consented to the offense or pardoned the offenders. The offenses of seduction abduction and acts of lasciviousness shall not be prosecuted except upon a complaint filed by the offended party or her parents !randparents or !uardian nor in any case if the offender has been expressly pardoned by any of them. >f the offended party dies or becomes incapacitated before she can file the complaint and she has no @nown parents !randparents or !uardian the $tate shall initiate the criminal action in her behalf. The offended party even if a minor has the ri!ht to initiate the prosecution of the offenses of seduction abduction and acts of lasciviousness independently of her parents !randparents or !uardian unless she

is incompetent or incapable of doin! so. <here the offended party who is a minor fails to file the complaint her parents !randparents or !uardian may file the same. The ri!ht to file the action !ranted to parents !randparents or !uardian shall be exclusive of all other persons and shall be exercised successively in the order herein provided except as stated in the precedin! para!raph. (o criminal action for defamation which consists in the imputation of any of the offenses mentioned above shall be brou!ht except at the instance of and upon complaint filed by the offended party. The prosecution of complaints for violation of special laws shall be !overned by their provisions thereof "Sec. '$. #rt. /)) of the &evised Penal "ode refers to crimes which cannot be prosecuted de o(icio: These are private crimes namely: 1. #dultery and concubina!e A to be prosecuted upon a complaint filed by the offended spouse impleadin! both !uilty parties if both alive unless he shall have consented or pardoned the offenders; 2. $eduction abduction or acts or lasciviousness A to be prosecuted upon a complaint filed by the offended party or her parents !randparents or !uardian unless expressly pardoned by the above named persons 9in such stated order%; /. 5efamation A to be prosecuted at the instance of and upon complaint expressly filed by the offended party "Art. !)#& R*C$. Cr % nal a$t "ns. 20en en&" ne' C"ntr"l "! +r"se$ut "n 1. <henever a criminal case is prosecuted and the $tate is the offended party the case must always be prosecuted under control and !uidance of the $tate throu!h the !overnment prosecutors. <henever there is ac,uittal or dismissal of the case and the private complainant intends to ,uestion such ac,uittal or dismissal the same must li@ewise be underta@en by the $tate throu!h the $olicitor :eneral. 'nly the $olicitor :eneral may represent the People of the Philippines on appeal. The private offended party or complainant may ,uestion such ac,uittal or dismissal or appeal therefrom only insofar as the civil aspect is concerned in the name of the petitioner or appellant and not in the name of the People of the Philippines "+etropolitan Bank and ,rust Co. vs. -eridiano ..& !)# SCRA !'9$. 2. The prosecution determines the char!es to be filed and how the le!al and factual elements in the case shall be utiliBed as components of the information. >t is basically the prosecutorCs function to determine what de!ree of complicity to the commission of a crime a person should be char!ed with whether as principal accomplice or accessory "*eople vs. *ajo& !/ SCRA /9!$. /. The rule that the $olicitor :eneral is the lawyer of the People in appellate courts admits an exception namely that which is provided for in &# 82)1 which states in part that Din all cases elevated to the $andi!anbayan and fro the $andi!anbayan to the $upreme "ourt the 'ffice of the 'mbudsman throu!h its special prosecutor shall represent the People of the Philippines except in cases filed pursuant to E' 1 2 1) and 1)*# issued in 1186.E Su!! $ en$- "! C"%+la nt "r In!"r%at "n 1. # complaint or information is sufficient if it states: 9a% The name of the accused;

9b% The desi!nation of the offense !iven by the statute; 9c% The acts or omissions complained of as constitutin! the offense; 9d% The name of the offended party; 9e% The approximate date of the commission of the offense; and 9f% The place wherein the offense was committed. <hen an offense is committed by more than one person all of them shall be included in the complaint or information "Sec. )$. 2. >f the prosecutor refuses to include one accused the remedy is mandamus. The procedure for state witness allows for initial inclusion of the accused in the information. Des )nat "n "! O!!ense 1. The complaint or information shall state the desi!nation of the offense !iven by the statute aver the acts or omissions constitutin! the offense and specify its ,ualifyin! and a!!ravatin! circumstances. >f there is no desi!nation of the offense reference shall be made to the section or subsection of the statute punishin! it "Sec. $. Cause "! t0e A$$usat "n 1. The acts or omissions complained of as constitutin! the offense and the ,ualifyin! and a!!ravatin! circumstances must be stated in ordinary and concise lan!ua!e and not necessarily in the lan!ua!e used in the statute but in terms sufficient to enable a person of common understandin! to @now what offense is bein! char!ed as well as its ,ualifyin! and a!!ravatin! circumstances and for the court to pronounce jud!ment "Sec. 9$. Du+l $ t- "! t0e O!!ense3 E#$e+t "n 1. # complaint or information must char!e only one offense except when the law prescribes a sin!le punishment for various offenses "Sec. 1!$. 2. Exception: The law prescribes a sin!le punishment for various offenses such as in continuin! and complex crimes. A%en'%ent "r Su,st tut "n "! $"%+la nt "r n!"r%at "n 1. # complaint or information may be amended in form or in substance without leave of court at any time before the accused enters his plea. #fter the plea and durin! the trial a formal amendment may only be made with leave of court and when it can be done without causin! prejudice to the ri!hts of the accused. ?owever any amendment before plea which down!rades the nature of the offense char!ed in or excludes any accused from the complaint or information can be made only upon motion by the prosecutor with notice to the offended party and with leave of court. The court shall state its reasons in resolvin! the motion and copies of its order shall be furnished all parties especially the offended party. >f it appears at any time before jud!ment that a mista@e has been made in char!in! the proper offense the court shall dismiss the ori!inal complaint or information upon the filin! of a new one char!in! the

proper offense in accordance with $ection 11 &ule 111 provided the accused would not be placed in double jeopardy. The court may re,uire the witnesses to !ive bail for their appearance at the trial "Sec. 1/$. 2. The test as to whether the ri!hts of an accused are prejudiced by the amendment of a complaint or information is when a defense under the complaint or information as it ori!inally stood would no lon!er be available after the amendment is made and when any evidence the accused mi!ht have would be inapplicable to the complaint or information "*eople vs. +ontene0ro& 1'9 SCRA 2!)$. /. #mendment and substitution distin!uished: 1. #mendment may involve either formal or substantial chan!es; substitution necessarily involves a substantial chan!e from the ori!inal char!e; 2. #mendment before plea has been entered can be effected without leave of court; substitution of information must be with leave of court as the ori!inal information has to be dismissed; /. <here the amendment is only as to form there is no need for another preliminary investi!ation and the reta@in! of the plea of the accused; in substitution of information another preliminary investi!ation is entailed and the accused has to plead anew to the new information; and ). #n amended information refers to the same offense char!ed in the ori!inal information or to an offense which necessarily includes or is necessarily included in the ori!inal char!e; hence substantial amendments to the information after the plea has been ta@en cannot be made over the objection of the accused for if the ori!inal information would be withdrawn the accused could invo@e double jeopardy. $ubstitution re,uires or presupposes that the new information involves different offense which does not include or is not necessarily included in the ori!inal char!e hence the accused cannot claim double jeopardy ",eehankee vs. +ada1a0& 2#% SCRA ) '$. 7. >n substitution under the second para!raph of $ec. 1) where the new information char!es an offense distinct and different from the one initially char!ed due to mista@e in char!in! the proper offense there is need for a new preliminary investi!ation and another arrai!nment "*eople vs. 2aralba& 22) SCRA )#2$. 4enue "! $r % nal a$t "ns 1. Place where action is to be instituted5 9a% $ubject to existin! laws the criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed or where any of its essential in!redients occurred. 9b% <here an offense is committed in a train aircraft or other public or private vehicle in the course of its trip the criminal action shall be instituted and tried in the court of any municipality or territory where said train aircraft or other vehicle passed durin! its trip includin! the place of its departure and arrival. 9c% <here an offense is committed on board a vessel in the course of its voya!e the criminal action shall be instituted and tried in the court of the first port of entry or of any municipality or territory where the vessel passed durin! such voya!e subject to the !enerally accepted principles of international law. 9d% "rimes committed outside of the Philippines but punishable under #rticle 2 of the &evised Penal "ode shall be co!niBable by the court where the criminal action is first filed "Sec. 1'$. Inter*ent "n "! "!!en'e' +art-

1. <here the civil action for recovery of civil liability is instituted in the criminal action pursuant to &ule 111 the offended party may intervene by counsel in the prosecution of the offense "Sec. 1)$.

Pr"se$ut "n "! C * l A$t "n 6Rule 1111 Rule "n %+l e' nst tut "n "! $ * l a$t "n 2 t0 $r % nal a$t "n 1. The !eneral rule is that the institution or filin! of the criminal action includes the institution therein of the civil action for recovery of civil liability arisin! from the offense char!ed except in the followin! cases: 1. The offended party waives the civil action; 2. ?e reserves his ri!ht to institute the civil action separately; or /. ?e institutes the civil action prior to the criminal action.The exception to the reservation re,uirement is a claim arisin! out of a dishonored chec@ under +P 22 where no reservation to file such civil action separately shall be allowed which means that the filin! of the criminal action for violation of +P 22 shall be deemed to include the correspondin! civil action and that unless a separate civil action has been filed before the institution of the criminal action no such civil action can be instituted after the criminal action has been filed as the same has been included therein. 2. #nother instance where no reservation shall be allowed and where a civil action filed prior to the criminal action has to be transferred to the subse,uently filed criminal action for joint hearin! is a claim arisin! from an offense which is co!niBable by the $andi!anbayan. /0en $ * l a$t "n %a- +r"$ee' n'e+en'entl1. >n the cases provided for in #rticles /2 // /) and 2126 of the "ivil "ode of the Philippines the independent civil action may be brou!ht by the offended party. >t shall proceed independently of the criminal action and shall re,uire only a preponderance of evidence. >n no case however may the offended party recover dama!es twice for the same act or omission char!ed in the criminal action "Sec. !$. 2. "ivil "ode provisions on the matter: Art. !2. #ny public officer or employee or any private individual who directly or indirectly obstructs defeats violates or in any manner impedes or impairs any of the followin! ri!hts and liberties of another person shall be liable to the latter for dama!es: >n any of the cases referred to in this article whether or not the defendantCs act or omission constitutes a criminal offense the a!!rieved party has a ri!ht to commence an entirely separate and distinct civil action for dama!es and for other relief. $uch civil action shall proceed independently of any criminal prosecution 9if the latter be instituted% and may be proved by a preponderance of evidence. The indemnity shall include moral dama!es. Exemplary dama!es may also be adjudicated. The responsibility herein set forth is not demandable from a jud!e unless his act or omission constitutes a violation of the Penal "ode or other penal statute.

Art. !!. >n cases of defamation fraud and physical injuries a civil action for dama!es entirely separate and distinct from the criminal action may be brou!ht by the injured party. $uch civil action shall proceed independently of the criminal prosecution and shall re,uire only a preponderance of evidence. Art. !/. <hen a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of dan!er to life or property such peace officer shall be primarily liable for dama!es and the city or municipality shall be subsidiarily responsible therefor. The civil action herein reco!niBed shall be independent of any criminal proceedin!s and a preponderance of evidence shall suffice to support such action. Art. 21%). <hoever by act or omission causes dama!e to another there bein! fault or ne!li!ence is obli!ed to pay for the dama!e done. $uch fault or ne!li!ence if there is no pre*existin! contractual relation between the parties is called a ,uasi*delict and is !overned by the provisions of this "hapter. Art. 21%%. &esponsibility for fault or ne!li!ence under the precedin! article is entirely separate and distinct from the civil liability arisin! from ne!li!ence under the Penal "ode. +ut the plaintiff cannot recover dama!es twice for the same act or omission of the defendant

/0en se+arate $ * l a$t "n s sus+en'e' 1. #fter the criminal action has been commenced the separate civil action arisin! therefrom cannot be instituted until final jud!ment has been entered in the criminal action. >f the criminal action is filed after the said civil action has already been instituted the latter shall be suspended in whatever sta!e it may be found before jud!ment on the merits. The suspension shall last until final jud!ment is rendered in the criminal action. (evertheless before jud!ment on the merits is rendered in the civil action the same may upon motion of the offended party be consolidated with the criminal action in the court tryin! the criminal action. >n case of consolidation the evidence already adduced in the civil action shall be deemed automatically reproduced in the criminal action without prejudice to the ri!ht of the prosecution to cross*examine the witnesses presented by the offended party in the criminal case and of the parties to present additional evidence. The consolidated criminal and civil actions shall be tried and decided jointly. 5urin! the pendency of the criminal action the runnin! of the period of prescription of the civil action which cannot be instituted separately or whose proceedin! has been suspended shall be tolled. The extinction of the penal action does not carry with it extinction of the civil action. ?owever the civil action based on delict may be deemed extin!uished if there is a findin! in a final jud!ment in the criminal action that the act or omission from which civil liability may arise did not exist "Sec. 2$. 92% Effect of criminal action on separate civil action 1. >f criminal action has been commenced earlier A separate civil action cannot be instituted until final jud!ment has been entered in the criminal action. 2. >f the criminal action is filed after the separate civil action has already been instituted A

"ivil action suspended in whatever sta!e it may be found before jud!ment on the merits until final jud!ment is rendered in the criminal action. "ivil action may upon motion of the offended party be consolidated with the criminal action in the court tryin! the criminal action Evidence already adduced in the civil action shall be deemed automatically reproduced in the criminal action <ithout prejudice to the ri!ht of the prosecution to cross*examine the witnesses presented by the offended party in the criminal case and the parties to present additional evidence. The consolidated criminal and civil actions shall be tried and decided jointly. /. 5urin! the pendency of the criminal action the runnin! of prescription of the civil action which cannot be instituted separately or whose proceedin! has been suspended shall be tolled. E!!e$t "! t0e 'eat0 "! a$$use' "r $"n* $t "n $ * l a$t "n 1. The death of the accused after arrai!nment and durin! the pendency of the criminal action shall extin!uish the civil liability arisin! from the delict. ?owever the independent civil action instituted under section / of this &ule or which thereafter is instituted to enforce liability arisin! from other sources of obli!ation may be continued a!ainst the estate or le!al representative of the accused after proper substitution or a!ainst said estate as the case may be. The heirs of the accused may be substituted for the deceased without re,uirin! the appointment of an executor or administrator and the court may appoint a !uardian ad lite3 for the minor heirs. The court shall forthwith order said le!al representative or representatives to appear and be substituted within a period of thirty 9/0% days from notice. # final jud!ment entered in favor of the offended party shall be enforced in the manner especially provided in these &ules for prosecutin! claims a!ainst the estate of the deceased. >f the accused dies before arrai!nment the case shall be dismissed without prejudice to any civil action the offended party may file a!ainst the estate of the deceased "Sec. /$. &ule / $ec. 16. 4eath o( part15 dut1 o( counsel. F <henever a party to a pendin! action dies and the claim is not thereby extin!uished it shall be the duty of his counsel to inform the court within thirty 9/0% days after such death of the fact thereof and to !ive the name and address of his le!al representative or representatives. -ailure of counsel to comply with this duty shall be a !round for disciplinary action. The heirs of the deceased may be allowed to be substituted for the deceased without re,uirin! the appointment of an executor or administrator and the court may appoint a !uardian ad litem for the minor heirs. The court shall forthwith order said le!al representative or representatives to appear and be substituted within a period of thirty 9/0% days from notice. >f no le!al representative is named by the counsel for the deceased party or if the one so named shall fail to appear within the specified period the court may order the opposin! party within a specified time to procure the appointment of an executor or administrator for the estate of the deceased and the latter shall immediately appear for and on behalf of the deceased. The court char!es in procurin! such appointment if defrayed by the opposin! party may be recovered as costs.

&ule / $ec. 20. Action on contractual 3one1 clai3s. F <hen the action is for recovery of money arisin! from contract express or implied and the defendant dies before entry of final jud!ment in the court in which the action was pendin! at the time of such death it shall not be dismissed but shall instead be allowed to continue until entry of final jud!ment. # favorable jud!ment obtained by the plaintiff therein shall be enforced in the manner especially provided in these &ules for prosecutin! claims a!ainst the estate of a deceased person. &ule 82 $ec. 1. Actions which 3a1 and which 3a1 not be brou0ht a0ainst e6ecutor or ad3inistrator. A (o action upon a claim for the recovery of money or debt or interest thereon shall be commenced a!ainst the executor or administrator; but actions to recover real or personal property or an interest therein from the estate or to enforce a lien thereon and actions to recover dama!es for an injury to person or property real or personal may be commenced a!ainst him. &ule /1. $ec. 2. E6ecution in case o( death o( part1. F >n case of the death of party execution may issue or be enforced in the followin! manner: 9a% >n case of the death of the jud!ment obli!ee upon the application of his executor or administrator or successor in interest; 9b% >n case of the death of the jud!ment obli!or a!ainst his executor or administrator or successor in interest if the jud!ment be for the recovery of real or personal property or the enforcement of the lien thereon; 9c% >n case of the death of the jud!ment obli!or after execution is actually levied upon any of his property the same may be sold for the satisfaction of the jud!ment obli!ation and the officer ma@in! the sale shall account to the correspondin! executor or administrator for any surplus in his hands. Pre&u' $ al 7uest "n 1. # petition for suspension of the criminal action based upon the pendency of a prejudicial ,uestion in a civil action may be filed in the office of the prosecutor or the court conductin! the preliminary investi!ation. <hen the criminal action has been filed in court for trial the petition to suspend shall be filed in the same criminal action at any time before the prosecution rests "Sec. )$. 2. The elements of a prejudicial ,uestion are: 9a% the previously instituted civil action involves an issue similar or intimately related to the issue raised in the subse,uent criminal action and 9b% the resolution of such issue determines whether or not the criminal action may proceed "Sec. %$. /. :eneral &ule: "riminal action ta@es precedence of civil actions. Exceptions: independent civil actions prejudicial ,uestion Even a preliminary investi!ation may be suspended by a prejudicial ,uestion. To suspend a criminal action the move to suspend should be filed before the prosecution rests. ). Prejudicial ,uestion which arises in a case the resolution of which is a lo!ical antecedent of the issues involved in said cases and the co!niBance of which pertains to another tribunal "7u 8a1co vs. CA& Au0. 2)& 19 '$.

7. The test in determinin! the existence of a prejudicial ,uestion: >t must appear not only that the civil case involves the same facts upon which the criminal prosecution is based but also that the resolution of the issues in said civil action would be necessarily determinative of the !uilt or innocence of the accused "9ap vs. *aras& :R 1#12!)& 2an. !#& 1992$ . 6. # prejudicial ,uestion can be interposed at the 'ffice of the Prosecutor but; 1. The ,uestion can also be raised in court; 2. >f raised the court should merely suspend the criminal case; /. The court must wait for a motion otherwise that is a waiver; ). The court cannot 3otu propio suspend the criminal case "9ap vs. *aras& supra$. 2. # prejudicial ,uestion does not conclusively resolve the !uilt or innocence of the accused but simply tests the sufficiency of the alle!ations in the information in order to sustain the further prosecution of the criminal case. # party who raises a prejudicial ,uestion is deemed to have hypothetically admitted that all the elements of a crime have been ade,uately alle!ed in the information considerin! that the prosecution has not yet presented a sin!le evidence on the indictment or may not yet have rested its case. # challen!e of the alle!ations is in effect a ,uestion on the merits of the criminal char!e throu!h a non*criminal suit ";.<al vs. Bada1o0& :R 1!!%% & +arch 1/& 2###$. Rule "n F l n) Fees n $ * l a$t "n 'ee%e' nst tute' 2 t0 t0e $r % nal a$t "n 1. <hen the offended party see@s to enforce civil liability a!ainst the accused by way of moral nominal temperate or exemplary dama!es without specifyin! the amount thereof in the complaint or information the filin! fees therefor shall constitute a first lien on the jud!ment awardin! such dama!es. <here the amount of dama!es other than actual is specified in the complaint or information the correspondin! filin! fees shall be paid by the offended party upon filin! thereof in court. Except as otherwise provided in these &ules no filin! fees shall be re,uired for actual dama!es "Sec. 1$. Prel % nar- In*est )at "n 6Rule 1121 Nature "! r )0t

1. The preliminary investi!ation as defined in $ec. 1 is the preliminary investi!ation proper which is not a judicial function but a part of the prosecutionCs job a function of the executive. Preliminary investi!ation is !enerally in,uisitorial and it is often the only means of discoverin! the persons who may be reasonably char!ed with a crime to enable the prosecutor to prepare his complaint or information "*aderan0a vs. 4rilon& 19) SCRA )$. 2. The ri!ht to preliminary investi!ation is not a constitutional !rant; it is merely statutory and may be invo@ed only when specifically created by statute "*eople vs. Carlos& % *hili. '!'$. <hile the ri!ht to preliminary investi!ation is statutory rather than constitutional in its fundament since it has in fact been established by statute it is a component part of due process in criminal justice. The ri!ht to have a preliminary investi!ation conducted before bein! bound over to trial of a criminal offense and hence formally at ris@ of incarceration of some other penalty is not a mere formal or technical ri!ht; it is a substantive ri!htGto deny petitionerCs claim to a preliminary investi!ation would be to deprive him of the full measure of his ri!ht to due process ":o vs. CA& 2#) SCRA 1! $.

/. Preliminary investi!ation is a function that belon!s to the public prosecutor. >t is an executive function althou!h the prosecutor in the dischar!e of such function is a ,uasi*judicial authority tas@ed to determine whether or not a criminal case must be filed in court. ). The ri!ht to preliminary investi!ation may be waived by the accused either expressly or impliedly. The postin! of a bond by the accused constitutes such a waiver such that even if the warrant was irre!ularly issued any infirmity attached to it is cured when the accused submits himself to the jurisdiction of the court by applyin! for bail ".n Re= 7etter o( >reddie +anuel& '/ SCA4 9%& Au0. /& 199/$. >t is also cured by submittin! himself to arrai!nment "*eople vs. 8ubilo& 22# SCRA ! 9$. Pur+"ses "! +rel % nar- n*est )at "n 1. Preliminary investi!ation is an in,uiry or proceedin! for the purpose of determinin! whether there is sufficient !round to en!ender a well*founded belief that a crime has been committed and that the respondent is probably !uilty thereof and should be held for trial "Sec. 1$. 2. The basic purpose of preliminary investi!ation is to determine whether a crime has been committed and whether there is probable cause to believe that the accused is !uilty thereof "Cru?& 2r. vs. *eople& '2 SCA4 '1) & 2une 1%& 199/$ . /. :enerally preliminary investi!ation has a three*fold purpose: 1. To in,uire concernin! the commission of crime and the connection of accused with it in order that he may be informed of the nature and character of the crime char!ed a!ainst him and if there is probable cause for believin! him !uilty that the state may ta@e the necessary steps to brin! him to trial; 2. To preserve the evidence and @eep the witnesses within the control of the state; and /. To determine the amount of bail if the offense is bailable "Arula vs. Espino& 2 SCRA '/# @19)9A$. /0" %a- $"n'u$t 'eter% nat "n "! e# sten$e "! +r",a,le $ause 1. 'n basis of the evidence before him the investi!atin! office must decide whether to dismiss the case or to file the information in court. This involves the determination of probable cause. #lthou!h there is no !eneral formula or fixed rule for the determination of probable cause since the same must be decided in the li!ht of the conditions obtainin! in !iven situations and its existence depends to a lar!e de!ree upon the findin! or opinion of the municipal trial jud!e or prosecutor conductin! the examination such a findin! should not disre!ard the facts before him nor run counter to the clear dictates of reasons "Brti? vs. *ala1pa1on& 2!/ SCRA !91$. 2. The "ourt has maintained the policy of non*interference in the determination of the existence of probable cause provided there is no !rave abuse in the exercise of such discretion. The rule is based not only upon respect for the investi!atory and prosecutor powers of prosecutors upon practicality as well "Rodri0o& 2r. vs. Sandi0anba1an& !#! SCRA !#9$ . /. 'fficers authoriBed to conduct preliminary investi!ation: 1. Provincial or city prosecutors and their assistants: 2. (ational and &e!ional $tate Prosecutors; and /. 'ther officers as may be authoriBed by law 9"'=EHE" P":: 'mbudsman%

Their authority to conduct preliminary investi!ation shall include all crimes co!niBable by the proper court in their respective territorial jurisdictions "Sec. 2& as a3ended b1 A+ #'C C2)CSC& Bct. !& 2##'$. Res"lut "n "! n*est )at "n +r"se$ut"r 1. >f the investi!atin! prosecutor finds cause to hold the respondent for trial he shall prepare the resolution and information. ?e shall certify under oath in the information that he or as shown by the record an authoriBed officer has personally examined the complainant and his witnesses; that there is reasonable !round to believe that a crime has been committed and that the accused is probably !uilty thereof; that the accused was informed of the complaint and of the evidence submitted a!ainst him; and that he was !iven an opportunity to submit controvertin! evidence. 'therwise he shall recommend the dismissal of the complaint. <ithin five 97% days from his resolution he shall forward the record of the case to the provincial or city prosecutor or chief state prosecutor or to the 'mbudsman or his deputy in cases of offenses co!niBable by the Sandi0anba1an in the exercise of its ori!inal jurisdiction. They shall act on the resolution within ten 910% days from their receipt thereof and shall immediately inform the parties of such action. (o complaint or information may be filed or dismissed by an investi!atin! prosecutor without the prior written authority or approval of the provincial or city prosecutor or chief state prosecutor or the 'mbudsman or his deputy. <here the investi!atin! prosecutor recommends the dismissal of the complaint but his recommendation is disapproved by the provincial or city prosecutor or chief state prosecutor or the 'mbudsman or his deputy on the !round that a probable cause exists the latter may by himself file the information a!ainst the respondent or direct another assistant prosecutor or state prosecutor to do so without conductin! another preliminary investi!ation. >f upon petition by a proper party under such &ules as the 5epartment of Iustice may prescribe or 3otu proprio the $ecretary of Iustice reverses or modifies the resolution of the provincial or city prosecutor or chief state prosecutor he shall direct the prosecutor concerned either to file the correspondin! information without conductin! another preliminary investi!ation or to dismiss or move for dismissal of the complaint or information with notice to the parties. The same &ule shall apply in the preliminary investi!ations conducted by the officers of the 'ffice of the 'mbudsman "Sec. /$. Re* e2 1. # preliminary investi!ation falls under the authority of the state prosecutor who is !iven by law the power to direct and control criminal actions. ?e is however subject to the control of the $ecretary of Iustice which the latter may exercise 3otu propio or upon petition of the proper party. >n reviewin! resolutions of state prosecutors the $ecretary of Iustice is not precluded from considerin! errors althou!h unassi!ned for the purpose of determinin! whether there is probable cause for filin! cases in court "2oaquin& 2r. vs. 4rilon& !#2 SCRA 22'$. 2. 5ecisions or resolutions of prosecutors are subject to appeal to the $ecretary of Iustice. The $ecretary of Iustice exercises the power of direct control and supervision over prosecutors and may thus affirm nullify reverse or modify their rulin!s. $upervision and control include the authority to act directly whenever specific function is entrusted by law or re!ulation to a subordinate; direct the performance of duty; restrain the commission of acts; review approve reverse or modify acts and decisions of subordinate officials. $ec. /2 of &# /28/ provides that any specific power authority duty function or activity entrusted to a chief of a bureau office division or service shall be understood as also conferred upon the $ecretary of Iustice who shall have the authority to act directly in pursuance thereof or to review modify revo@e any decision or action of said chief of bureau office division or service "4i3atulac vs. -illon& 29% SCRA )%9$.

/0en 2arrant "! arrest %a- ssue 91% 9a% B1 the Re0ional ,rial Court. A <ithin ten 910% days from the filin! of the complaint or information the jud!e shall personally evaluate the resolution of the prosecutor and its supportin! evidence. ?e may immediately dismiss the case if the evidence on record clearly fails to establish probable cause. >f he finds probable cause he shall issue a warrant of arrest or a commitment order if the accused has already been arrested pursuant to a warrant issued by the jud!e who conducted the preliminary investi!ation or when the complaint or information was filed pursuant to section 6 of this &ule. >n case of doubt on the existence of probable cause the jud!e may order the prosecutor to present additional evidence within five 97% days from notice and the issue must be resolved by the court within thirty 9/0% days from the filin! of the complaint or information. 9b% B1 the +unicipal ,rial Court. A <hen re,uired pursuant to the second para!raph of section 1 of this &ule the preliminary investi!ation of cases fallin! under the ori!inal jurisdiction of the =etropolitan Trial "ourt =unicipal Trial "ourt in "ities =unicipal Trial "ourt or =unicipal "ircuit Trial "ourt shall be conducted by the prosecutor. The procedure for the issuance of a warrant of arrest by the jud!e shall be !overned by para!raph 9a% of this section. 9c% Dhen warrant o( arrest not necessar1. A # warrant of arrest shall not issue if the accused is already under detention pursuant to a warrant issued by the =unicipal Trial "ourt in accordance with para!raph 9b% of this section or if the complaint or information was filed pursuant to section 6 of this &ule or is for an offense penaliBed by fine only. The court shall then proceed in the exercise of its ori!inal jurisdiction "Sec. '& as a3ended b1 A+ #'C C2)CSC$. Cases n"t requ r n) a +rel % nar- n*est )at "n 1. (o preliminary investi!ation is re,uired in the followin! cases: 9a% .( (iled with the prosecutor. A >f the complaint is filed directly with the prosecutor involvin! an offense punishable by imprisonment of less than four 9)% years two 92% months and one 91% day the procedure outlined in section /9a% of this &ule shall be observed. The prosecutor shall act on the complaint based on the affidavits and other supportin! documents submitted by the complainant within 910% days from its filin!. 9b% .( (iled with the +unicipal ,rial Court. A >f the complaint or information is filed with the =unicipal Trial "ourt or =unicipal "ircuit Trial "ourt for an offense covered by this section the procedure in section /9a% of this &ule shall be observed. >f within ten 910% days after the filin! of the complaint or information the jud!e finds no probable cause after personally evaluatin! the evidence or after personally examinin! in writin! and under oath the complainant and his witnesses in the form of searchin! ,uestions and answers he shall dismiss the same. ?e may however re,uire the submission of additional evidence within ten 910% days from notice to determine further the existence of probable cause. >f the jud!e still finds no probable cause despite the additional evidence he shall within ten 910% days from its submission or expiration of the said period dismiss the case. <hen he finds probable cause he shall issue a warrant of arrest or a commitment order if the accused had already been arrested and hold him for trial. ?owever if the jud!e is satisfied that there is no necessity for placin! the accused under custody he may issue summons instead of a warrant of arrest "Sec. $. Re%e' es "! a$$use' ! t0ere 2as n" +rel % nar- n*est )at "n 1. 'ne remedy if there was no preliminary investi!ation is to hold in abeyance the proceedin!s and order the prosecutor to hold preliminary investi!ation "*ilapil vs. Sandi0anba1an& April %& 199!$. 2. $ection 2 last para!raph thereof provides that if the case has been conducted the accused may within five 97% days from the time he learns of its filin! as@ for a preliminary investi!ation. The five* day period to file the motion for preliminary investi!ation is mandatory and an accused is entitled

to as@ for preliminary investi!ation by filin! the motion within the said period. The failure to file the motion within the five*day period amounts to a waiver of the ri!ht to as@ for preliminary investi!ation. #part from such waiver postin! bail without previously or simultaneously demandin! for a preliminary investi!ation justifies denial of the motion for investi!ation "*eople vs. CA& 2/2 SCRA )/'$. Arrest 6Rule 1181 1. #rrest is the ta@in! of a person into custody in order that he may be bound to answer for the commission of an offense "Sec 1$. Arrest. 0"2 %a'e 1. #n arrest is made by an actual restraint of a person to be arrested or by his submission to the custody of the person ma@in! the arrest. (o violence or unnecessary force shall he used in ma@in! an arrest. The person arrested shall not be subject to a !reater restraint than is necessary for his detention "Sec. 2$. Arrest 2 t0"ut 2arrant. 20en la2!ul 91% # peace officer or a private person may without a warrant arrest a person: 9a% <hen in his presence the person to be arrested has committed is actually committin! or is attemptin! to commit an offense; 9b% <hen an offense has just been committed and he has probable cause to believe based on personal @nowled!e of facts or circumstances that the person to be arrested has committed it; and 9c% <hen the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is servin! final jud!ment or is temporarily confined while his case is pendin! or has escaped while bein! transferred from one confinement to another. >n cases fallin! under para!raphs 9a% and 9b% above the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded a!ainst in accordance with $ection 2 of &ule 112 "Sec. '$. Met0"' "! arrest 1. Method of arrest by officer by virtue of warrant. A <hen ma@in! an arrest by virtue of a warrant the officer shall inform the person to be arrested of the cause of the arrest and the fact that a warrant has been issued for his arrest except when he flees or forcibly resists before the officer has opportunity to so inform him or when the !ivin! of such information will imperil the arrest. The officer need not have the warrant in his possession at the time of the arrest but after the arrest if the person arrested so re,uires the warrant shall be shown to him as soon as practicable "Sec. %$. 2. Method of arrest by officer without warrant. A <hen ma@in! an arrest without a warrant the officer shall inform the person to be arrested of his authority and the cause of the arrest unless the latter is either en!a!ed in the commission of an offense is pursued immediately after its commission has escaped flees or forcibly resists before the officer has opportunity to so inform him or when the !ivin! of such information will imperil the arrest "Sec. $.

/. Method of arrest by private person. A <hen ma@in! an arrest a private person shall inform the person to be arrested of the intention to arrest him and cause of the arrest unless the latter is either en!a!ed in the commission of an offense is pursued immediately after its commission or has escaped flees or forcibly resists before the person ma@in! the arrest has opportunity to so inform him or when the !ivin! of such information will imperil the arrest "Sec. 9$. Requ s tes "! a *al ' 2arrant "! arrest 1. 91% &e,uisites for arrest warrant issued by a &T" jud!e under $ec. 7 &ule 112: 1. <ithin 10 days from the filin! of the complaint or information 2. The jud!e shall personally evaluate the resolution of the prosecutor and its supportin! evidence. /. >f he finds probable cause he shall issue a warrant of arrest ). >n case of doubt on the existence of probable cause 1. The jud!e may order the prosecutor to present additional evidence within 7 days from notice; and 2. The issue must be resolved by the court within /0 days from the filin! of the complaint of information. 2. 92% &e,uisites for issuin! search warrant under $ec. ) &ule 126: 1. >t must be issued upon probable cause in connection with one specific offense; 2. The probable cause must be determined by the jud!e himself and not by the applicant or any other person; /. >n the determination of probable cause the jud!e must examine under oath or affirmation the complainant and the witness he may produce; and ). The warrant issued must particularly describe the place to be searched and the thin!s to be seiBed which may be anywhere in the Philippines. Deter% nat "n "! Pr",a,le Cause !"r ssuan$e "! 2arrant "! arrest 1. >t is the jud!e alone who determines the probable cause for the issuance of warrant of arrest. >t is not for the provincial fiscal or prosecutor to ascertain "*eople vs. .ntin0& 1 % SCRA % $. D st n)u s0 +r",a,le $ause "! ! s$al !r"% t0at "! a &u')e 1. The determination by the prosecutor of probable cause is for the purpose of either filin! an information in court or dismissin! the char!es a!ainst the respondent which is an executive function. The determination by the jud!e of probable cause be!ins only after the prosecutor has filed the information in court and the latterCs determination of probable cause is for the purpose of issuin! an arrest warrant a!ainst the accused which is judicial function "*eople vs. CA& !#1 SCRA /%'$. 2. Probable cause to hold a person for trial refers to the findin! of the investi!atin! prosecutor after the conduct of a preliminary investi!ation that there is sufficient !round to hold a well*founded belief that a crime has been committed and that the respondent is probably !uilty thereof and should be held for trial. +ased on such findin! the investi!atin! prosecutor files the correspondin! complaint or information in the competent court a!ainst the accused. The determination of probable cause to issue a warrant of arrest is a judicial function. # jud!e cannot

be compelled to issue a warrant of arrest if he or she believes honestly that there is no probable cause for doin! so "*eople vs. CA& 1#2 SCA4 !%'& 2an. 21& 1999$. 9a l 6Rule 11:1 Nature 1. #ll persons except those char!ed with offenses punishable by reclusion perpetua when evidence of !uilt is stron! shall before conviction be bailable by sufficient sureties or be released on reco!niBance as may be provided by law. The ri!ht to bail shall not be impaired even when the privile!e of the writ of habeas corpus is suspended. Excessive bail shall not be re,uired "Sec. 1!& Art. ...& ,he Constitution$. 2. +ail is the security !iven for the release of a person in custody of the law furnished by him or a bondsman to !uarantee his appearance before any court as re,uired under the conditions hereinafter specified. +ail may be !iven in the form of corporate surety property bond cash deposit or reco!niBance "Sec. 1$. /. +ail is the security re,uired by the court and !iven by the accused to ensure that the accused appear before the proper court at the scheduled time and place to answer the char!es brou!ht a!ainst him. >t is awarded to the accused to honor the presumption of innocence until his !uilt is proven beyond reasonable doubt and to enable him to prepare his defense without bein! subject to punishment prior to conviction "Cortes vs. Catral& 2%9 SCRA 1. >ts main purpose is to relieve an accused from the ri!ors of imprisonment until his conviction and secure his appearance at the trial "*aderan0a vs. CA& 2/% SCRA %/1$. ). The person see@in! provisional release need not wait for a formal complaint or information to be filed a!ainst him as it is available to all persons where the offense is bailable so lon! as the applicant is in the custody of the law "*aderan0a vs. CA& 2/% SCRA %/1$. 7. Jinds of bail: 1. "orporate bond F one issued by a corporation licensed to provide bail subscribed jointly by the accused and an officer duly authoriBed by its board of directors "Sec. 1#$. 2. Property bond F an underta@in! constituted as a lien on the real property !iven as security for the amount of the bond "Sec. 11$. /. &eco!niBance F an obli!ation of record entered into usually by the responsible members of the community before some court or ma!istrate duly authoriBed to ta@e it with the condition to do some particular act the most usual act bein! to assure the appearance of the accused for trial "*eople vs. Abner& % *hil. '))$. ). "ash deposit F the money deposited by the accused or any person actin! on his behalf with the nearest collector of internal revenue or provincial city or municipal treasurer. "onsidered as bail it may be applied to the payment of any fees and costs and the excess if any shall be returned to the accused or to whoever made the deposit "Sec. 1/$. /0en a %atter "! r )0t3 e#$e+t "ns 1. #ll persons in custody shall be admitted to bail as a matter of ri!ht with sufficient sureties or released on reco!niBance as prescribed by law or this &ule 9a% before or after conviction by the =etropolitan Trial "ourt =unicipal Trial "ourt =unicipal Trial "ourt in "ities or =unicipal "ircuit Trial "ourt and 9b% before conviction by the &e!ional Trial "ourt of an offense not punishable by death reclusion perpetua or life imprisonment "Sec. /& Rule 11/$.

2. >f bail can be !ranted in deportation cases we see no justification why it should not also be allowed in extradition cases. #fter all both are administrative proccedin!s where the innocence or !uilt of the person detained is not in issue ":ovt. o( 8on0kon0 vs. Blalia& :R 1'!)%'& April 19& 2##%$. /. +ail is a matter of ri!ht before final conviction but the rule is not absolute. The exception is when a person is char!ed with a capital offense when the evidence of !uilt is stron! or when the offense for which on is char!ed is punishable by reclusion perpetua. The exception to this rule however is even if a person is char!ed with a capital offense where the evidence of !uilt is stron! if the accused has failin! health hence for humanitarian reasons he may be admitted to bail but that is discretionary on the part of the court "4e 7a Ra3os vs. *eopleEs Court& %% *hil. /)15 Catiis vs. CA& / % SCRA %1$. /0en a %atter "! ' s$ret "n 1. Kpon conviction by the &e!ional Trial "ourt of an offense not punishable by death reclusion perpetua or life imprisonment admission to bail is discretionary. The application for bail may be filed and acted upon by the trial court despite the filin! of a notice of appeal provided it has not transmitted the ori!inal record to the appellate court. ?owever if the decision of the trial court convictin! the accused chan!ed the nature of the offense from non*bailable to bailable the application for bail can only be filed with and resolved by the appellate court. $hould the court !rant the application the accused may be allowed to continue on provisional liberty durin! the pendency of the appeal under the same bail subject to the consent of the bondsman. >f the penalty imposed by the trial court is imprisonment exceedin! six 96% years the accused shall be denied bail or his bail shall be cancelled upon a showin! by the prosecution with notice to the accused of the followin! or other similar circumstances: 9a% That he is a recidivist ,uasi*recidivist or habitual delin,uent or has committed the crime a!!ravated by the circumstance of reiteration; 9b% That he has previously escaped from le!al confinement evaded sentence or violated the conditions of his bail without valid justification; 9c% That he committed the offense while under probation parole or under conditional pardon; 9d% That the circumstances of his case indicate the probability of fli!ht if released on bail; or 9e% That there is undue ris@ that he may commit another crime durin! the pendency of the appeal. The appellate court may 3otu proprio or on motion of any party review the resolution of the &e!ional Trial "ourt after notice to the adverse party in either case "Sec. '& Rule 11/$. 2. <here the !rant of bail is a matter of discretion or the accused see@s to be released on reco!niBance the application may only be filed in the court where the case is pendin! whether on preliminary investi!ation trial or on appeal "Sec. 1%@aA$. /. The discretion lies in the determination of whether the evidence of !uilt is stron!. >f it is determined that it is not stron! then bail is a matter of ri!ht. There is no more discretion of the court in denyin! the bail the moment there is a determination that the evidence of !uilt is not stron!.

;ear n) "! a++l $at "n !"r ,a l n $a+ tal "!!enses 1. # bail application in capital offense does not only involve the ri!ht of the accused to temporary liberty but li@ewise the ri!ht of the $tate to protect the people and the peace of the community from dan!erous elements. #ccordin!ly the prosecution must be !iven ample opportunity to show that the evidence of !uilt is stron! because by the very nature of decidin! applications for bail it is on the basis of such evidence that judicial discretion is exercised in determinin! whether the evidence of !uilt is stron! is a matter of judicial discretion. Thou!h not absolute nor beyond control the discretion within reasonable bounds "*eople vs. Antona& :R 1!%) 1& 2an. !1& 2##2$ . 2. # hearin! in an application for bail is absolutely indispensable before a jud!e can properly determine whether the prosecutionCs evidence is wea@ or stron!. >n receivin! evidence on bail while a court is not re,uired to try the merits of the case he must nevertheless conduct a summary hearin! which is Dsuch brief and speedy method of receivin! and considerin! the evidence of !uilt as is practicable and consistent with the purpose of the hearin! which is to determine the wei!ht of the evidence for purposes of the bail ".n re co3plaint a0ainst 2ud0e El3a& A+ R,2C9/C11 !& >eb. & 199/$. /. # jud!e should not hear a petition for bail in capital offenses on the same day that the petition was filed. ?e should !ive the prosecution a reasonable time within which to oppose the same. (either is he supposed to !rant bail solely on the belief that the accused will not flee durin! the pendency of the case by reason of the fact that he had even voluntarily surrendered to the authorities. .oluntary surrender is merely a miti!atin! circumstance in decreasin! the penalty that may eventually be imposed upon the accused in case of conviction but is not a !round for !rantin! bail to an accused char!ed with a capital offense "Sule vs. 2ud0e Bit0en0& )# SCA4 !/1&April 1 & 199'$. <u 'el nes n ! # n) a%"unt "! ,a l 91% The jud!e who issued the warrant or !ranted the application shall fix a reasonable amount of bail considerin! primarily but not limited to the followin! factors: 9a% -inancial ability of the accused to !ive bail; 9b% (ature and circumstances of the offense; 9c% Penalty for the offense char!ed; 9d% "haracter and reputation of the accused; 9e% #!e and health of the accused; 9f% <ei!ht of the evidence a!ainst the accused; 9!% Probability of the accused appearin! at the trial; 9h% -orfeiture of other bail; 9i% The fact that the accused was a fu!itive from justice when arrested; and 9j% Pendency of other cases where the accused is on bail. Excessive bail shall not be re,uired "Sec. 9$.

9a l 20en n"t requ re' 1. (o bail shall be re,uired when the law or these &ules so provide. <hen a person has been in custody for a period e,ual to or more than the possible maximum imprisonment prescribed for the offense char!ed he shall be released immediately without prejudice to the continuation of the trial or the proceedin!s on appeal. >f the maximum penalty to which the accused may be sentenced is destierro he shall be released after thirty 9/0% days of preventive imprisonment. # person in custody for a period e,ual to or more than the minimum of the principal penalty prescribed for the offense char!ed without application of the >ndeterminate $entence Haw or any modifyin! circumstance shall be released on a reduced bail or on his own reco!niBance at the discretion of the court "Sec. 1)$. In$rease "r Re'u$t "n "! 9a l 1. #fter the accused is admitted to bail the court may upon !ood cause either increase or reduce its amount. <hen increased the accused may be committed to custody if he does not !ive bail in the increased amount within a reasonable period. #n accused held to answer a criminal char!e who is released without bail upon filin! of the complaint or information may at any subse,uent sta!e of the proceedin!s whenever a stron! showin! of !uilt appears to the court be re,uired to !ive bail in the amount fixed or in lieu thereof committed to custody "Sec. 2#$. F"r!e ture an' Can$ellat "n "! ,a l 91% <hen the presence of the accused is re,uired by the court or these &ules his bondsmen shall be notified to produce him before the court on a !iven date and time. >f the accused fails to appear in person as re,uired his bail shall be declared forfeited and the bondsmen !iven thirty 9/0% days within which to produce their principal and to show cause why no jud!ment should be rendered a!ainst them for the amount of their bail. <ithin the said period the bondsmen must: 9a% produce the body of their principal or !ive the reason for his non*production; and 9b% explain why the accused did not appear before the court when first re,uired to do so. -ailin! in these two re,uisites a jud!ment shall be rendered a!ainst the bondsmen jointly and severally for the amount of the bail. The court shall not reduce or otherwise miti!ate the liability of the bondsmen unless the accused has been surrendered or is ac,uitted "Sec. 21$. 2. Kpon application of the bondsmen with due notice to the prosecutor the bail may be cancelled upon surrender of the accused or proof of his death. The bail shall be deemed automatically cancelled upon ac,uittal of the accused dismissal of the case or execution of the jud!ment of conviction. >n all instances the cancellation shall be without prejudice to any liability on the bail "Sec. 22$. A++l $at "n n"t a ,ar t" ",&e$t "ns n lle)al arrest. la$= "! "r rre)ular +rel % nar- n*est )at "n 1. The postin! of the bail does not constitute a waiver of any ,uestion on the irre!ularity attendin! the arrest of person. ?e can still ,uestion the same before arrai!nment otherwise the ri!ht to ,uestion it is deeme/d waived. >t was also said that postin! bail is deemed to be a forfeiture of a

habeas corpus petition which becomes moot and academic "Arriba vs. *eople. F#% SCRA 1915 Ba0cal vs. -illaro?a& 12# SCRA '2'$. 2. #n application for or admission to bail shall not bar the accused from challen!in! the validity of his arrest or the le!ality of the warrant issued therefor or from assailin! the re!ularity or ,uestionin! the absence of a preliminary investi!ation of the char!e a!ainst him provided that he raises them before enterin! his plea. The court shall resolve the matter as early as practicable but not later than the start of the trial of the case "Sec. 2)$. /. The arrai!nment of an accused is not a prere,uisite to the conduct of hearin!s on his petition for bail. # person is allowed to petition for bail as soon as he is deprived of his liberty by virtue of his arrest or voluntary surrender "+endo?a vs. C>. o( Gue?on& '1 SCA4 !)9$. an accused need not wait for his arrai!nment before filin! a petition for bail. >n 7avides vs. CA& !2/ SCRA !21 it was held that in cases where it is authoriBed bail should be !ranted before arrai!nment otherwise the accused may be precluded from filin! a motion to ,uash. This pronouncement should be understood in the li!ht of the fact that the accused in said case filed a petition for bail as well as a motion to ,uash the informations filed a!ainst him. >t was explained that to condition the !rant of bail to an accused on his arrai!nment would be to place him in a position where he has to choose between: 91% filin! a motion to ,uash and thus delay his release on bail because until his motion to ,uash can be resolved his arrai!nment cannot be held; and 92% fore!oin! the filin! of a motion to ,uash so that he can be arrai!ned at once and thereafter be released on bail. This would undermine his constitutional ri!ht not to be put on trial except upon a valid complaint or information sufficient to char!e him with a crime and his ri!ht to bail. >t is therefore not necessary that an accused be first arrai!ned before the conduct of hearin!s on his application for bail. -or when bail is a matter of ri!ht an accused may apply for and be !ranted bail even prior to arrai!nment "Serapio vs. Sandi0anba1an& :R ;os. 1/ /) C)9& 1/911)& 2an. 2 & 2##!$ . ;"l' De+arture Or'er > 9ureau "! I%% )rat "n /at$0l st 1. $upreme "ourt "ir. (o. /1*12 dated Iune 11 1112 limits the authority to issue hold departure orders to the &T"s in criminal cases within their exclusive jurisdiction. "onse,uently =T" jud!es have no authority to issue hold*departure orders followin! the maxim express mention implies the exclusion. (either does he have authority to cancel one which he issued "8u00land vs. 7antin& A+ +,2C9 C11'!& >eb. 29& 2###$. 2. # court has the power to prohibit a person admitted to bail from leavin! the Philippines. This is necessary conse,uence of the nature and function of a bail bond. <here it appears that the accused had the propensity to evade or disobey lawful orders the issuance of a hold departure order is warranted "Santos vs. CA& 11) SCA4 '%'& 4ec. !& 1999$. /. The fact that the accused surreptitiously left for ?on!@on! after !ettin! a clearance for purposes of leavin! the country but without permission of the trial court and thereafter could not return for trial as she was imprisoned in ?on!@on! for a criminal offense does not relieve the bondsman of liability.

R )0ts "! t0e A$$use' 6Rule11?1 R )0ts "! a$$use' at t0e tr al 91% >n all criminal prosecutions the accused shall be entitled to the followin! ri!hts: 9a% To be presumed innocent until the contrary is proved beyond reasonable doubt. 9b% To be informed of the nature and cause of the accusation a!ainst him.

9c% To be present and defend in person and by counsel at every sta!e of the proceedin!s from arrai!nment to promul!ation of the jud!ment. The accused may however waive his presence at the trial pursuant to the stipulations set forth in his bail unless his presence is specifically ordered by the court for purposes of identification. The absence of the accused without any justifiable cause at the trial of which he had notice shall be considered a waiver of his ri!ht to be present thereat. <hen an accused under custody escapes he shall be deemed to have waived his ri!ht to be present on all subse,uent trial dates until custody over him is re!ained. Kpon motion the accused may be allowed to defend himself in person when it sufficiently appears to the court that he can properly protect his ri!hts without the assistance of counsel. 9d% To testify as a witness in his own behalf but subject to cross*examination on matters covered by direct examination. ?is silence shall not in any manner prejudice him; 9e% To be exempt from bein! compelled to be a witness a!ainst himself. 9f% To confront and cross*examine the witnesses a!ainst him at the trial. Either party may utiliBe as part of its evidence the testimony of a witness who is deceased out of or cannot with due dili!ence be found in the Philippines unavailable or otherwise unable to testify !iven in another case or proceedin! judicial or administrative involvin! the same parties and subject matter the adverse party havin! the opportunity to cross*examine him. 9!% To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf. 9h% To have speedy impartial and public trial. 9i% To appeal in all cases allowed and in the manner prescribed by law "Sec. 1$. R )0ts "! +ers"ns un'er Cust"' al In*est )at "n 1. The ri!hts of an accused person under in*custody investi!ation are expressly enumerated in $ec. 12 #rt. >>> of the "onstitution viB: 1. #ny person under investi!ation for the commission of an offense shall have the ri!ht to be informed of his ri!hts to remain silent and to have competent and independent counsel preferably of his own choice. >f the person cannot afford the services of counsel he must be provided with one. These ri!hts cannot be waived except in writin! and in the presence of counsel; 2. (o torture force violence intimidation or any other means which vitiate the free will shall be used a!ainst him. $ecret detention places solitary incommunicado or other similar forms of detention are prohibited; /. #ny confession or admission in violation of this or $ec. 12 9$elf*>ncrimination "lause% hereof shall be inadmissible in evidence a!ainst him; ). The law shall provide for penal and civil sanctions for violation of this section as well as compensation to aid rehabilitation of victims of torture or similar practice and their families. 2. Knder &# 28/) the followin! are the ri!hts of persons arrested detained or under custodial investi!ation: 1. #ny person arrested detained or under custodial investi!ation shall at all times be assisted by counsel;

2. #ny public officer or employee or anyone actin! under his order or in his place who arrests detains or investi!ates any person for the commission of an offense shall inform the latter in a lan!ua!e @nown to and understood by him of his ri!ht to remain silent and to have competent and independent counsel preferably of his own choice who shall at all times be allowed to confer privately with the person arrested detained or under custodial investi!ation. >f such person cannot afford the services of his own counsel he must be provided with a competent and independent counsel by the investi!atin! officer; /. The custodial investi!ation report shall be reduced to writin! by investi!atin! officer provided that before such report is si!ned or thumbmar@ed if the person arrested or detained does not @now how to read and write it shall be read and ade,uately explained to him by his counsel or by the assistin! counsel provided by the investi!atin! officer in the lan!ua!e or dialect @nown to such arrested or detained person otherwise such investi!ation report shall be null and void and of no effect whatsoever; ). #ny extrajudicial confession made by a person arrested detained or under custodial investi!ation shall be in writin! and si!ned by such person in the presence of his counsel or in the latterCs absence upon a valid waiver and in the presence of any of the parents older brothers and sisters his spouse the municipal mayor the municipal jud!e district school supervisor or priest or minister of the !ospel as chosen by him; otherwise such extrajudicial confession shall be inadmissible as evidence in any proceedin!; 7. #ny waiver by person arrested or detained under the provisions of #rt. 127 of the &evised Penal "ode or under custodial investi!ation shall be in writin! si!ned by such person in the presence of his counsel; otherwise such waiver shall be null and void and of no effect; 6. #ny person arrested or detained or under custodial investi!ation shall be allowed visits by his or conferences with any member of his immediate family or any medical doctor or priest or reli!ious minister chosen by him or by his counsel or by any national (:' duly accredited by the 'ffice of the President. The personCs Dimmediate familyE shall include his or her spouse fiancL or fiancLe parent or child brother or sister !randparent or !randchild uncle or aunt nephew or niece and !uardian or ward. /. Three ri!hts are made available by $ec. 1291%: 1. The ri!ht to remain silent F Knder the ri!ht a!ainst self*incrimination in $ec. 12 only an accused has the absolute ri!ht to remain silent. # person who is not an accused may assume the stance of silence only when as@ed an incriminatory ,uestion. Knder $ec. 12 however a person under investi!ation has the ri!ht to refuse to answer any ,uestion. ?is silence moreover may not be used a!ainst him "*eople vs. Ale0re and :ordoncillo& 9/ SCRA 1#9$; 2. The ri!ht to counsel F Example of those who are not impartial counsel are 91% $pecial counsel private or public prosecutor counsel of the police or a municipal attorney whose interest is adverse to that of the accused; 92% a mayor unless the accused approaches him as counselor or adviser; 9/% a baran!ay captain; 9)% any other whose interest may be adverse to that of the accused "*eople vs. ,o3aquin& :R 1!!1 & 2ul1 2!& 2##/$; /. The ri!ht to be informed o his ri!hts F the ri!ht !uaranteed here is more than what is shown in television shows where the police routinely reads out the ri!hts from a note card; he must also explain their effects in practical terms "*eople vs. Rojas& 1/% SCRA 1)9$. $hort of this there is a denial of the ri!ht as it cannot then truly be said that the person has been informed of his ri!hts "*eople vs. ;icandro& 1/1 SCRA 2 9$. ). "ustodial investi!ation involves any ,uestionin! initiated by law enforcement officers after a person has been ta@en into custody otherwise deprived of his freedom of action in any si!nificant way. The ri!ht to custodial investi!ation be!ins only when the investi!ation is no lon!er a !eneral

in,uiry into an unsolved crime but has be!un to focus on a particular suspect the suspect has been ta@en into police custody the police carry out a process of interro!ations that lends itself to elicitin! incriminatin! statements "Escobedo vs. .llinois& !% HS /% 5 *eople vs. +arra& 2!) SCRA ')'$. >t should be noted however however that althou!h the scope of the constitutional ri!ht is limited to the situation in Escobedo and =arra &# 2)/8 has extended the !uarantee to situations in which an individual has not been formally arrested but has merely been DinvitedE for ,uestionin! "*eople vs. 4u3anta1& :R 1!#)12& +a1 11& 19995 *eople vs. *rincipe& :R 1!' )2& +a1 2& 2##2$. Arra )n%ent an' Plea 6Rule 11@1 1. #rrai!nment is the formal mode of implementin! the constitutional ri!ht of the accused to be informed of the nature of the accusation a!ainst him. 2. $ome rules on arrai!nment: 1. Trial in absentia is allowed only after arrai!nment; 2. Iud!ment is !enerally void if the accused has not been arrai!ned; /. There can be no arrai!nment in absentia; ). >f the accused went to trial without arrai!nment but his counsel had the opportunity to cross* examine the witnesses of the prosecution and after prosecution he was arrai!ned the defect was cured "*eople vs. Atien?a& ) *hil. '%)$. /. #rrai!nment is important because it is the mode of implementin! the constitutional ri!ht to be informed of the nature of the accusation a!ainst him and to fix the identity of the accused. >t is not a mere formality but an inte!ral part of due process it implements the constitutional ri!ht of the accused to be informed and the ri!ht to speedy trial "7u3anlaw vs. *eralta& / 2 SCRA !9)$. Arra )n%ent an' Plea. 0"2 %a'e 1. $ection 1 &ule 116 provides: 9a% The accused must be arrai!ned before the court where the complaint or information was filed or assi!ned for trial. The arrai!nment shall be made in open court by the jud!e or cler@ by furnishin! the accused with a copy of the complaint or information readin! the same in the lan!ua!e or dialect @nown to him and as@in! him whether he pleads !uilty or not !uilty. The prosecution may call at the trial witnesses other than those named in the complaint or information. 9b% The accused must be present at the arrai!nment and must personally enter his plea. +oth arrai!nment and plea shall be made of record but failure to do so shall not affect the validity of the proceedin!s. 9c% <hen the accused refuses to plead or ma@es a conditional plea a plea of not !uilty shall be entered for him. 9d% <hen the accused pleads !uilty but presents exculpatory evidence his plea shall be deemed withdrawn and a plea of not !uilty shall be entered for him. 9e% <hen the accused is under preventive detention his case shall be raffled and its records transmitted to the jud!e to whom the case was raffled within three 9/% days from the filin! of the information or complaint. The accused shall be arrai!ned within ten 910% days from the date of the raffle. The pre*trial conference of his case shall be held within ten 910% days after arrai!nment.

9f% The private offended party shall be re,uired to appear at the arrai!nment for purposes of plea* bar!ainin! determination of civil liability and other matters re,uirin! his presence. >n case of failure of the offended party to appear despite due notice the court may allow the accused to enter a plea of !uilty to a lesser offense which is necessarily included in the offense char!ed with the conformity of the trial prosecutor alone. 9cir. 1C 9% 9!% Knless a shorter period is provided by special law or $upreme "ourt circular the arrai!nment shall be held within thirty 9/0% days from the date the court ac,uires jurisdiction over the person of the accused. The time of the pendency of a motion to ,uash or for a bill of particulars or other causes justifyin! suspension of the arrai!nment shall be excluded in computin! the period. /0en s0"ul' +lea "! NOT <UILTA ,e entere' 1. #t any time before the jud!ment of conviction becomes final the court may permit an improvident plea of !uilty to be withdrawn and be substituted by a plea of not !uilty "Sec. '$. 2. # plea of Dnot !uiltyE should be entered where 1. The accused so pleaded; 2. <hen he refuses to plead; /. <here in admittin! the act char!ed he sets up matters of defense or with a lawful justification; ). <hen he enters a conditional plea of !uilt; 7. <here after a plea of !uilt he introduces evidence of self*defense or other exculpatory circumstances ; and 6. <hen the plea is indefinite or ambi!uous "HS vs. Iell1& !' *hil /195 *eople vs. Sabilul& 9! *hil. ')%5 *eople vs. Balisacan5 *eople vs. Stron& 7C! )2)& +ar. 1/& 19%'$ . /0en %a- a$$use' enter a +lea "! )u lt- t" a lesser "!!ense 1. #t arrai!nment the accused with the consent of the offended party and the prosecutor may be allowed by the trial court to plead !uilty to a lesser offense which is necessarily included in the offense char!ed. #fter arrai!nment but before trial the accused may still be allowed to plead !uilty to said lesser offense after withdrawin! his plea of not !uilty. (o amendment of the complaint or information is necessary "Sec. 2$. 2. #n accused can enter a plea to a lesser offense if there is consent of the other party and the prosecutor. >f he did so without the consent of the offended party and the prosecutor and he was convicted his subse,uent conviction in the crime char!ed would not place him in dhouble jeopardy. >t has been held that the accused can still plead !uilty to a lesser offense after the prosecution has rested "*eople vs. -illara3a& 2r.& 21# SCRA 2/)5 *eople vs. 7una& 1%/ SCRA 2#/$. >t is further re,uired that the offense to which he pleads must be necessarily included in the offense char!ed "Sec. 2$. A$$use' +lea' )u lt- t" $a+ tal "!!ense. 20at t0e $"urt s0"ul' '" 1. The court should accomplish three 9/% thin!s; 1. >t should conduct searchin! in,uiry into the voluntariness and full comprehension of the conse,uences of the plea; 2. >t should re,uire the prosecution to prove the !uilt of the accused and the precise de!ree of culpability; and

/. >t should in,uire whether or not the accused wishes to present evidence on his behalf and allow him if he so desires "Sec. !5 *eople vs. 4a1ot& 1 % SCRA )!%$. Sear$0 n) Inqu r1. $earchin! ,uestion means more than informin! cursorily the accused that he faces a jail term. >t also includes the exact len!thy of imprisonment under the law and the certainty that he will serve at the national penitentiary or a penal colony "*eople vs. *astor& :R 1/#2# & +ar. 12& 2##2$. >t is intended to undermine the de!ree of culpability of the accused in order that the court may be !uided in determinin! the proper penalty. I%+r"* 'ent +lea 1. "onviction based on an improvident plea of !uilty may set aside only when such plea is the sole basis of the jud!ment. +ut if the trial court relied on the evidence of the prosecution and convincin! evidence to convict beyond reasonable doubt not on his plea of !uilty such conviction must be sustained "*eople vs. 7unia& :R 12 2 9& April 2!& 2##2$ . 2. "ourts must be careful to avoid improvident pleas of !uilt and where !rave crimes are involved the proper course is to ta@e down evidence to determine !uilt and avoid doubts "*eople vs. Siabilul& supra$. /. The withdrawal of an improvident plea of !uilty to be substituted by a plea of not !uilty is permitted even after jud!ment has been promul!ated but before the same becomes final. <hile this &ule is silent on the matter a plea of not !uilty can li@ewise be withdrawn so that the accused may instead plead !uilty to the same offense but for obvious reasons this must be done before promul!ation of jud!ment. >n either case however if the prosecution had already presented its witnesses the accused will !enerally not be entitled to the miti!atin! circumstance based on a plea of !uilty "*eople vs. 7u3a0ue& :R '!' )& 2an. !1& 19 2$. <r"un's !"r sus+ens "n "! arra )n%ent 91% Kpon motion by the proper party the arrai!nment shall be suspended in the followin! cases: 9a% The accused appears to be sufferin! from an unsound mental condition which effectively renders him unable to fully understand the char!e a!ainst him and to plead intelli!ently thereto. >n such case the court shall order his mental examination and if necessary his confinement for such purpose. 9b% There exists a prejudicial ,uestion; and 9c% # petition for review of the resolution of the prosecutor is pendin! at either the 5epartment of Iustice or the 'ffice of the President; provided that the period of suspension shall not exceed sixty 960% days counted from the filin! of the petition with the reviewin! office "Sec. 11$. M"t "n t" 7uas0 6Rule 1171 1. # motion to ,uash is a hypothetical admission of the facts alle!ed in the information hence the court in resolvin! the motion cannot consider facts contrary to those alle!ed in the information or which do not appear on the face of the information except those admitted by the prosecution "*eople vs. ;avarro& %' *hil. '1)$. 2. The motion to ,uash must be filed before the arrai!nment. Thereafter no motion to ,uash can be entertained by the court the only exceptions bein! those in $ec. 1 which adopts the omnibus motion rule subject to said exceptions. $ec. / has been amended to separately refer to lac@ to jurisdiction over the offense not over the person of the accused since by filin! a motion to ,uash on other !rounds the accused has submitted himself to the jurisdiction of the court.

<r"un's 91% The accused may move to ,uash the complaint or information on any of the followin! !rounds: 9a% That the facts char!ed do not constitute an offense; 9b% That the court tryin! the case has no jurisdiction over the offense char!ed; 9c% That the court tryin! the case has no jurisdiction over the person of the accused; 9d% That the officer who filed the information had no authority to do so; 9e% That it does not conform substantially to the prescribed form; 9f% That more than one offense is char!ed except when a sin!le punishment for various offenses is prescribed by law; 9!% That the criminal action or liability has been extin!uished; +y the death of the convict as to the personal penalties; as to pecuniary penalties liability therefor is extin!uished only when the death of the offender occurs before final jud!ment. +y service of the sentence; +y amnesty which completely extin!uishes the penalty and all its effects; +y absolute pardon; +y prescription of the crime; +y prescription of the penalty; +y the marria!e of the offended woman in $eduction abduction or acts of lasciviousness 9#rt. /)) &P"% 9h% That it contains averments which if true would constitute a le!al excuse or justification; and 9i% That the accused has been previously convicted or ac,uitted of the offense char!ed or the case a!ainst him was dismissed or otherwise terminated without his express consent "Sec. !$. 92% :rounds that are not waived even if not alle!ed: 9a% -ailure to char!e an offense; 9b% Hac@ of jurisdiction;

9c% Extinction of criminal action or liability; 9d% 5ouble jeopardy "*eople vs. 7eoparte& 1 % SCRA 19#$. D st n)u s0 !r"% 'e%urrer t" e* 'en$e M"t "n t" 7uas0 &ule 112 <hen filed #t any time before accused enters plea a% That the facts char!ed do not constitute an offense; 9b% That the court tryin! the case has no jurisdiction over the offense char!ed; 9c% That the court tryin! the case has no jurisdiction over the person of the accused; 9d% That the officer who filed the information had no authority to do so; 9e% That it does not conform substantially to the prescribed form; 9f% That more than one offense is char!ed except when a sin!le punishment for various offenses is prescribed by law; 9!% That the criminal action or liability has been extin!uished; 9h% That it contains averments which if true would constitute a le!al excuse or justification; and 9i% That the accused has been previously convicted or ac,uitted of the offense char!ed or the case a!ainst him was dismissed or otherwise terminated without De%urer t" E* 'en$e $ection 2/ &ule 111 #fter the prosecution rests its case

:rounds

91% >nsufficiency of evidence

his express consent "Sec. !$. Effect if !ranted >f the motion to ,uash is sustained the court may order that another complaint or information be filed except as provided in section 6 of this rule. >f the order is made the accused if in custody shall not be dischar!ed unless admitted to bail. >f no order is made or if havin! been made no new information is filed within the time specified in the order or within such further time as the court may allow for !ood cause the accused if in custody shall be dischar!ed unless he is also in custody of another char!e "Sec. '$. The remedy of prosecution is to amend the information to correct the defects thereof except on the !rounds of 9!% and 9j%; of the prosecution may appeal the ,uashal of information or complaint Effect if denied The usual course to ta@e is for the accused to proceed with trial and in case of conviction to appeal therefrom and assi!n as error the denial of the motion to ,uash "7alican vs. -er0ara& 2%) SCRA '1 $. #n accused who files a demurrer to evidence with leave of court does not lose the ri!ht to present evidence in the event his motion is denied. 'n the other hand if he files the demurrer without leave of court and the same is denied he loses the ri!ht to present evidence in which event the case will be deemed submitted for decision "4e Carlos vs. CA& !12 SCRA !9%$. The order denyin! the motion for leave of court to file demurrer to evidence or to demur itself shall not be reviewable by appeal or certiorari before jud!ment. >f leave of court is !ranted the accused shall file the demurrer to evidence within a non*extendible period of ten 910% days from notice. The prosecution may oppose the demurrer to evidence within 10 days from receipt of the motion.

&emedies if denied

The order denyin! the motion to ,uash is interlocutory and therefore not appealable nor can it be the subject of a petition for certiorari.

1. # special civil action may lie a!ainst an order of denial of a motion to ,uash as an exception to the !eneral rule in any of the followin! instances:

1. <here there is necessity to afford protection to the constitutional ri!hts of the accused; 2. <hen necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions; /. <here there is prejudicial ,uestion which is sub judice; ). <hen the acts of the officer are without or in excess of authority; 7. <here the prosecution is under an invalid law ordinance or re!ulation; 6. <hen double jeopardy is clearly apparent; 2. <here the court has no jurisdiction over the offense; 8. <here it is a case of persecution rather than prosecution; 1. <here the char!es are manifestly false and motivated by the lust for ven!eance; 10. <hen there is clearly no pri3a (acie case a!ainst the accused; and 11. To avoid multiplicity of actions "Brocka vs. Enrile& 192 SCRA 1 !$. E!!e$ts "! susta n n) t0e %"t "n t" quas0 1. >f the motion to ,uash is sustained the court may order that another complaint or information be filed except as provided in section 6 of this rule. >f the order is made the accused if in custody shall not be dischar!ed unless admitted to bail. >f no order is made or if havin! been made no 2. new information is filed within the time specified in the order or within such further time as the court may allow for !ood cause the accused if in custody shall be dischar!ed unless he is also in custody of another char!e "Sec. '$. E#$e+t "n t" t0e rule t0at susta n n) t0e %"t "n s n"t a ,ar t" an"t0er +r"se$ut "n 1. #n order sustainin! the motion to ,uash is not a bar to another prosecution for the same offense unless the motion was based on the !rounds specified in $ec. /9!% and 9i% A that the criminal action or liability has been extin!uished and that the accused has been previously convicted or in jeopardy of bein! convicted or ac,uitted of the offense char!ed "Sec. )$. 2. #n order denyin! a motion to ,uash is interlocutory and not appealable "*eople vs. +acando0& 7C 1 )#1& 2an. !1& 19)!$ and !enerally such denial cannot be controlled by certiorari "Rica(ort vs. >ernan& 1#1 *hil. '%'$; and the denial of a motion to ,uash !rounded on double jeopardy is not controllable by 3anda3us ",ion0son vs. -illacete& '' B: %#1%$. D"u,le (e"+ar'1. (o person shall be twice put in jeopardy of punishment for the same offense. >f an act is punished by a law and an ordinance conviction or ac,uittal under either shall constitute a bar to another prosecution for the same act "Sec. 21& Art. ...& Constitution$. 2. The re,uirements of double jeopardy are: 1. .alid indictment; 2. "ompetent court; /. .alid arrai!nment;

). .alid plea entered; 7. "ase is dismissed or terminated without the express consent of the accused "*eople vs. Bocar& Au0. 1#& 19 '5 ;avallo vs. Sandi0anba1an& '! SCA4 29/& 2ul1 1 & 199/$ . 1. <hen an accused has been convicted or ac,uitted or the case a!ainst him dismissed or otherwise terminated without his express consent by a court of competent jurisdiction upon a valid complaint or information or other formal char!e sufficient in form and substance to sustain a conviction and after the accused had pleaded to the char!e the conviction or ac,uittal of the accused or the dismissal of the case shall be a bar to another prosecution for the offense char!ed or for any attempt to commit the same or frustration thereof or for any offense which necessarily includes or is necessarily included in the offense char!ed in the former complaint or information. ?owever the conviction of the accused shall not be a bar to another prosecution for an offense which necessarily includes the offense char!ed in the former complaint or information under any of the followin! instances: 9a% the !raver offense developed due to supervenin! facts arisin! from the same act or omission constitutin! the former char!e; 9b% the facts constitutin! the !raver char!e became @nown or were discovered only after a plea was entered in the former complaint or information; or 9c% the plea of !uilty to the lesser offense was made without the consent of the prosecutor and of the offended party except as provided in section 19f% of &ule 116. >n any of the fore!oin! cases where the accused satisfies or serves in whole or in part the jud!ment he shall be credited with the same in the event of conviction for the !raver offense "Sec. %$. Pr"* s "nal D s% ssal 1. # case shall not be provisionally dismissed except with the express consent of the accused and with notice to the offended party. The provisional dismissal of offenses punishable by imprisonment not exceedin! six 96% years or a fine of any amount or both shall become permanent one 91% year after issuance of the order without the case havin! been revived. <ith respect to offenses punishable by imprisonment of more than six 96% years their provisional dismissal shall become permanent two 92% years after issuance of the order without the case havin! been revived "Sec. $. 2. &e,uisites for $ec. 8 to apply: 1. The prosecution with the express conformity of the accused or the accused moves for a provisional 9sin perjuicio% dismissal of the case; or both the prosecution and the accused moves for a provisional dismissal of the case; 2. The offended party is notified of the motion for a provisional dismissal of the case; /. The court issues an order !rantin! the motion and dismissin! the case provisionally; ). The public prosecutor is served with a copy of the order or provisional dismissal of the case.

/. The fore!oin! re,uirements are conditions sine qua non to the application of the t %eB,ar in the second para!raph of the &ule. The raison dEetre for the re,uirement of the express consent of the accused to a provisional dismissal of a criminal case is to bar him from subse,uently assertin! that the revival of the criminal case will place him in double jeopardy for the same offense or for an offense necessarily included therein "*eople vs. Bellosillo& SCRA !'$. ). The order of dismissal shall become permanent one year after service of the order of the prosecution "Sec. '& Rule 112$ without the criminal case havin! been revived. The public prosecutor cannot be expected to comply with the timeline unless he is served with a copy of the order of dismissal "*eople vs. 7acosn& :R 1/9/'!& April 1& 2##!$.

PreBtr al 6Rule 11C1 1. The process whereby the accused and the prosecutor in a criminal case wor@ out a mutually satisfactory disposition of the case subject to court approval. >t usually involves the defendantCs pleadin! !uilty to a lesser offense or to only one or some of the counts of a multi*count indictment in return for a li!hter sentence than that for the !raver char!e "BlackEs 7aw 4ictionar1& 'th Ed.$. Matters t" ,e $"ns 'ere' 'ur n) +reBtr al 91% >n all criminal cases co!niBable by the $andi!anbayan &e!ional Trial "ourt =etropolitan Trial "ourt =unicipal Trial "ourt in "ities =unicipal Trial "ourt and =unicipal "ircuit Trial "ourt the court shall after arrai!nment and within thirty 9/0% days from the date the court ac,uires jurisdiction over the person of the accused unless a shorter period is provided for in special laws or circulars of the $upreme "ourt order a pre*trial conference to consider the followin!: 9a% plea bar!ainin!; 9b% stipulation of facts; 9c% mar@in! for identification of evidence of the parties; 9d% waiver of objections to admissibility of evidence; 9e% modification of the order of trial if the accused admits the char!e but interposes a lawful defense; and 9f% such matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case "Sec. 1$. /0at t0e $"urt s0"ul' '" 20en +r"se$ut "n an' "!!en'e' +art- a)ree t" t0e +lea "!!ere' ,- t0e a$$use' 1. The a!reements coverin! the matters referred to in section 1 of this &ule shall be approved by the court "Sec. 2$. PreBtr al a)ree%ent 1. #ll a!reements or admissions made or entered durin! the pre*trial conference shall be reduced in writin! and si!ned by the accused and counsel otherwise they cannot be used a!ainst the accused. The a!reements coverin! the matters referred to in section 1 of this &ule shall be approved by the court "Sec. 2$.

N"nBa++earan$e 'ur n) +reBtr al 1. >f the counsel for the accused or the prosecutor does not appear at the pre*trial conference and does not offer an acceptable excuse for his lac@ of cooperation the court may impose proper sanctions or penalties "Sec. !$. 2. The rule is intended to discoura!e dilatory moves or strate!ies as these would run counter to the purposes of pre*trial in criminal cases more specifically those intended to protect the ri!ht of the accused to fair and speedy trial. PreBtr al "r'er 1. #fter the pre*trial conference the court shall issue an order recitin! the actions ta@en the facts stipulated and evidence mar@ed. $uch order shall bind the parties limit the trial to matters not disposed of and control the course of the action durin! the trial unless modified by the court to prevent manifest injustice "Sec. /$. Tr al 6Rule11D1 1. "ontinuous trial is one where the courts are called upon to conduct the trial with utmost dispatch with judicial exercise of the courtCs power to control the trial to avoid delay and for each party to complete the presentation of evidence with the trial dates assi!ned to him "Ad3in. Cir. / dated Sept. 22& 19 $. Instan$es 20en +resen$e "! a$$use' s requ re' ,- la2 1. The only instances when the presence of the accused is re,uired by law and when the law may forfeit the bond if he fails to appear are: 1. 'n arrai!nment; 2. 'n promul!ation of jud!ment except for li!ht offenses; /. -or identification purposes; ). <hen the court with due notice re,uires so "+arcos vs. Rui?& Sept. 1& 1992$.

Requ s te ,e!"re tr al $an ,e sus+en'e' "n a$$"unt "! a,sen$e "! 2 tness 1. The followin! periods of delay shall be excluded in computin! the time within which trial must commence: #ny period of delay resultin! from the absence or unavailability of an essential witness "Sec. !@bA$. 2. To warrant postponement due to absence of a witness it must appear: 1. That the witness is really material and appears to the court to be so; 2. That the party who applies for postponement has not been !uilty of ne!lect; /. That the witness can be had at the time to which the trial has been deferred; and ). That no similar evidence could be obtained "HS vs. Ra3ire?& !9 "*hil. %! $.

/. The non*appearance of the prosecution at the trial despite due notice justifies a provisional dismissal "2aca vs. Blanco& ) *hil. /'2$ or an absolute dismissal "*eople vs. Robles& 1#' *hil. 1#1)$ dependin! on the circumstances. $ec. / &ule 22 does not apply to criminal cases. Tr al n Absentia 1. The "onstitution permits trial in absentia of an accused after his arrai!nment who unjustifiably fails to appear durin! the trial notwithstandin! due notice. The purpose of trial in absentia is to speed up the disposition of criminal cases. The re,uisites of trial in absentia are: 1. The accused has been arrai!ned; 2. ?e has been duly notified of the trial; and /. ?is failure to appear is justified "*eople vs. A0bulos& 222 SCRA 19)$. 2. The waiver of the accused of appearance or trial in absentia does not mean that the prosecution is thereby deprived of its ri!ht to re,uire the presence of the accused for purposes of identification by the witnesses which is vital for conviction of the accused except where he un,ualifiedly admits in open court after his arrai!nment that he is the person named as defendant in the case on trial. $uch waiver does not mean a release of the accused from his obli!ation under the bond to appear in court whenever re,uired. The accused may waive his ri!ht but he cannot disre!ard his duty or obli!ation to the court. ?e can still be subpoenaed to appear for identification purposes without violatin! his ri!ht a!ainst self*incrimination as he will not ta@e the stand to testify but merely to be present in court where the prosecution witness may while in the witness stand point to him as the accused "Carredo vs. *eople& 1 ! SCRA 2%!$. Re%e'- 20en a$$use' s n"t ,r"u)0t t" tr al 2 t0 n t0e +res$r ,e' +er "' 1. >f the accused is not brou!ht to trial within the time limit re,uired by $ection 19!% &ule 116 and $ection 1 as extended by $ection 6 of this rule the information may be dismissed on motion of the accused on the !round of denial of his ri!ht to speedy trial. The accused shall have the burden of provin! the motion but the prosecution shall have the burden of !oin! forward with the evidence to establish the exclusion of time under section / of this rule. The dismissal shall be subject to the rules on double jeopardy. -ailure of the accused to move for dismissal prior to trial shall constitute a waiver of the ri!ht to dismiss under this section "Sec. 9$. 2. Knless a shorter period is provided by special law or $upreme "ourt circular the arrai!nment shall be held within thirty 9/0% days from the date the court ac,uires jurisdiction over the person of the accused. The time of the pendency of a motion to ,uash or for a bill of particulars or other causes justifyin! suspension of the arrai!nment shall be excluded in computin! the period "Sec. 1@0A& Rule 11)$. Requ s tes !"r ' s$0ar)e "! a$$use' t" ,e$"%e a state 2 tness 1. <hen two or more persons are jointly char!ed with the commission of any offense upon motion of the prosecution before restin! its case the court may direct one or more of the accused to be dischar!ed with their consent so that they may be witnesses for the state when after re,uirin! the prosecution to present evidence and the sworn statement of each proposed state witness at a hearin! in support of the dischar!e the court is satisfied that: 9a% There is absolute necessity for the testimony of the accused whose dischar!e is re,uested;

9b% There is no other direct evidence available for the proper prosecution of the offense committed except the testimony of said accused; 9c% The testimony of said accused can be substantially corroborated in its material points; 9d% $aid accused does not appear to be the most !uilty; and 9e% $aid accused has not at any time been convicted of any offense involvin! moral turpitude. Evidence adduced in support of the dischar!e shall automatically form part of the trial. >f the court denies the motion for dischar!e of the accused as state witness his sworn statement shall be inadmissible in evidence "Sec. 1%$. 2. #ny person who has participated in the commission of a crime and desires to be a witness for the $tate can apply and if ,ualified as determined in this #ct and by the 5epartment shall be admitted into the pro!ram 9to be a state witness% whenever the followin! circumstances are present: 1. The offense in which his testimony will be used is a !rave felony as defined under the &evised Penal "ode or its e,uivalent under special laws; 2. There is absolute necessity for his testimony; /. There is no other direct evidence available for the proper prosecution of the offense committed; ). ?is testimony can be substantially corroborated on its material points; 7. ?e does not appear to be most !uilty; and 6. ?e has not at any time been convicted of any crime involvin! moral turpitude "Sec. 1#& RA )9 1& the Ditness *rotection 7aw$. E!!e$ts "! D s$0ar)e "! a$$use' as state 2 tness 1. The order indicated in the precedin! section shall amount to an ac,uittal of the dischar!ed accused and shall be a bar to future prosecution for the same offense unless: 1. The accused fails or refuses to testify a!ainst his co*accused in accordance with his sworn statement constitutin! the basis for his dischar!e "Sec. 1 $; 2. >f he was !ranted immunity and fails to @eep his part of the a!reement his confession of his participation in the commission of the offense is admissible in evidence a!ainst him "*eople vs. Berberino& %9 SCRA )9/$. 2. The court shall order the dischar!e and exclusion of the said accused from the information. #dmission into such Pro!ram shall entitle such $tate <itness to immunity from criminal prosecution for the offense or offenses in which his testimony will be !iven or used "Sec. 12& RA )9 1$. De%urrer t" E* 'en$e 1. #fter the prosecution rests its case the court may dismiss the action on the !round of insufficiency of evidence 91% on its own initiative after !ivin! the prosecution the opportunity to be heard or 92% upon demurrer to evidence filed by the accused with or without leave of court.

>f the court denies the demurrer to evidence filed with leave of court the accused may adduce evidence in his defense. <hen the demurrer to evidence is filed without leave of court the accused waives the ri!ht to present evidence and submits the case for jud!ment on the basis of the evidence for the prosecution. 917a% The motion for leave of court to file demurrer to evidence shall specifically state its !rounds and shall be filed within a non*extendible period of five 97% days after the prosecution rests its case. The prosecution may oppose the motion within a non*extendible period of five 97% days from its receipt. >f leave of court is !ranted the accused shall file the demurrer to evidence within a non*extendible period of ten 910% days from notice. The prosecution may oppose the demurrer to evidence within a similar period from its receipt. The order denyin! the motion for leave of court to file demurrer to evidence or the demurrer itself shall not be reviewable by appeal or by certiorari before jud!ment "Sec. 2!$. (u')%ent 6Rule 1201 1. Iud!ment means the adjudication by the court that the accused is !uilty or is not !uilty of the offense char!ed and the imposition of the proper penalty and civil liability provided for by law on the accused "Sec. 1$. 2. =emorandum decision is one in which the appellate court may adopt by reference the findin!s of facts and conclusions of law contained in the decision appealed from "Sec. 2/& .nteri3 Rules and :uidelines$. Requ s tes "! a &u')%ent 1. >t must be written in the official lan!ua!e personally and directly prepared by the jud!e and si!ned by him and shall contain clearly and distinctly a statement of the facts and the law upon which it is based "Sec. 1$. C"ntents "! (u')%ent 1. >f the jud!ment is of conviction it shall state 91% the le!al ,ualification of the offense constituted by the acts committed by the accused and the a!!ravatin! or miti!atin! circumstances which attended its commission; 92% the participation of the accused in the offense whether as principal accomplice or accessory after the fact; 9/% the penalty imposed upon the accused; and 9)% the civil liability or dama!es caused by his wron!ful act or omission to be recovered from the accused by the offended party if there is any unless the enforcement of the civil liability by a separate civil action has been reserved or waived. >n case the jud!ment is of ac,uittal it shall state whether the evidence of the prosecution absolutely failed to prove the !uilt of the accused or merely failed to prove his !uilt beyond reasonable doubt. >n either case the jud!ment shall determine if the act or omission from which the civil liability mi!ht arise did not exist "Sec. 2$. Pr"%ul)at "n "! &u')%ent3 nstan$es "! +r"%ul)at "n "! &u')%ent n absentia 1. The jud!ment is promul!ated by readin! it in the presence of the accused and any jud!e of the court in which it was rendered. ?owever if the conviction is for a li!ht offense the jud!ment may be pronounced in the presence of his counsel or representative. <hen the jud!e is absent or outside the province or city the jud!ment may be promul!ated by the cler@ of court.

>f the accused is confined or detained in another province or city the jud!ment may be promul!ated by the executive jud!e of the &e!ional Trial "ourt havin! jurisdiction over the place of confinement or detention upon re,uest of the court which rendered the jud!ment. The court promul!atin! the jud!ment shall have authority to accept the notice of appeal and to approve the bail bond pendin! appeal; provided that if the decision of the trial court convictin! the accused chan!ed the nature of the offense from non* bailable to bailable the application for bail can only be filed and resolved by the appellate court. The proper cler@ of court shall !ive notice to the accused personally or throu!h his bondsman or warden and counsel re,uirin! him to be present at the promul!ation of the decision. >f the accused was tried in absentia because he jumped bail or escaped from prison the notice to him shall be served at his last @nown address. 2. >n case the accused fails to appear at the scheduled date of promul!ation of jud!ment despite notice the promul!ation shall be made by recordin! the jud!ment in the criminal doc@et and servin! him a copy thereof at his last @nown address or thru his counsel. >f the jud!ment is for conviction and the failure of the accused to appear was without justifiable cause he shall lose the remedies available in these rules a!ainst the jud!ment and the court shall order his arrest. <ithin fifteen 917% days from promul!ation of jud!ment however the accused may surrender and file a motion for leave of court to avail of these remedies. ?e shall state the reasons for his absence at the scheduled promul!ation and if he proves that his absence was for a justifiable cause he shall be allowed to avail of said remedies within fifteen 917% days from notice "Sec. )$. /0en '"es &u')%ent ,e$"%e ! nal 6!"ur nstan$es1 1. Except where the death penalty is imposed a jud!ment becomes final: 1. #fter the lapse of the period for perfectin! an appeal; 2. <hen the sentence has been partially or totally satisfied or served; /. <hen the accused has waived in writin! his ri!ht to appeal; or ). ?as applied for probation "Sec. %$.

Ne2 Tr al "r Re$"ns 'erat "n 6Rule 1211 MNT "r MR n Cr % nal Cases Either on motion of accused or the court motu proprio with consent of the accused :rounds for =(T A errors of law or irre!ularities committed durin! the trial or newly discovered evidence :round for =& A error of law or fact MNT "r MR n C * l Cases =ust be upon motion of a party canCt be motu proprio

:rounds for =(T A -#=E or newly discovered evidence

:rounds for =& A Excessive dama!es insufficient evidence or decision is contrary to law

-iled any time before jud!ment of conviction becomes final

-iled within the period for ta@in! an appeal $hould include all the !rounds then available and those not so included shall be deemed waived.

<hen !ranted the ori!inal jud!ment is always set aside or vacated and a new jud!ment rendered

There may be partial !rant

<r"un's !"r Ne2 Tr a 91% The court shall !rant a new trial on any of the followin! !rounds: 9a% That errors of law or irre!ularities prejudicial to the substantial ri!hts of the accused have been committed durin! the trial; 9b% That new and material evidence has been discovered which the accused could not with reasonable dili!ence have discovered and produced at the trial and which if introduced and admitted would probably chan!e the jud!ment "Sec. 2$. <r"un's !"r Re$"ns 'erat "n 1. The court shall !rant reconsideration on the !round of errors of law or fact in the jud!ment which re,uires no further proceedin!s "Sec. !$. Requ s tes ,e!"re a ne2 tr al %a- ,e )rante' "n )r"un' "! ne2l- ' s$"*ere' e* 'en$e 1. They are the followin!: 1. The evidence was discovered after trial; 2. The evidence could not have been discovered and produced at the trial even with exercise of reasonable dili!ence; /. The evidence is material not merely cumulative corroborative or impeachin!; ). >t must !o to the merits as it would produce a different result if admitted "2ose vs. CA& %# SCRA 2'%$. E!!e$ts "! )rant n) a ne2 tr al "r re$"ns 'erat "n 91% The effects of !rantin! a new trial or reconsideration are the followin!: 9a% <hen a new trial is !ranted on the !round of errors of law or irre!ularities committed durin! the trial all the proceedin!s and evidence affected thereby shall be set aside and ta@en anew. The court may in the interest of justice allow the introduction of additional evidence.

9b% <hen a new trial is !ranted on the !round 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 ta@en and considered to!ether with the evidence already in the record. 9c% >n all cases when the court !rants new trial or reconsideration the ori!inal jud!ment shall be set aside or vacated and a new jud!ment rendered accordin!ly "Sec. )$. A++l $at "n "! NeypesD"$tr ne n Cr % nal Cases 1. >f the motion is denied the movants has a fresh period of 17 days from receipt or notice of the order denyin! or dismissin! the motion for reconsideration within which to file a notice to appeal. This new period becomes si!nificant if either a motion for reconsideration or a motion for new trial has been filed but was denied or dismissed. This fresh period rule applies only to &ule )1 !overnin! appeals from the &T" but also to &ule )0 !overnin! appeals from =T" to &T" &ule )2 on petitions for review from the &T" to the "# &ule )/ on appeal from ,uasi*judicial a!encies to the "# and &ule )7 !overnin! appeals by certiorari to the $". #ccordin!ly this rule was adopted to standardiBe the appeal periods provided in the &ules to afford fair opportunity to review the case and in the process minimiBe errors of jud!ment. 'bviously the new 17 day period may be availed of only if either motion is filed; otherwise the decision becomes final and executory after the lapse of the ori!inal appeal period provided in &ule )1 "Neypes vs. CA, GR 141524, ept. 14, 2!!5$. The ;e1pes rulin! shall not be applied where no motion for new trial or motion for reconsideration has been filed in which case the 17*day period shall run from notice of the jud!ment. 2. The fresh period rule does not refer to the period within which to appeal from the order denyin! the motion for new trial because the order is not appealable under $ec. 1 &ule /2. The non* appealability of the order of denial is also confirmed by $ec. 19a% &ule )1 which provides that no appeal may be ta@en from an order denyin! a motion for new trial or a motion for reconsideration

A++eal 6Rule 1221 1. #n appeal opens the whole case for review and this includes the review of the penalty indemnity and the dama!es involved "Gue3uel vs. CA& 22 SCRA //$. E!!e$t "! an A++eal 1. Kpon perfection of the appeal the execution of the jud!ment or order appealed from is stayed as to the appealin! party "Sec. 11@cA$. The civil appeal of the offended party does not affect the criminal aspect of the jud!ment or order appealed from. 2. Kpon perfection of the appeal the trial court loses jurisdiction over the case "S1quia vs. Concepcion& )# *hil. 1 )$ except: 1. To issue orders for the protection and preservation of the ri!hts of the parties which do not involve any matter liti!ated by the appeal; 2. To approve compromises offered by the parties prior to the transmission of the records on appeal to the appellate court "Sec. 9& Rule /1$. /0ere t" a++eal 91% The appeal may be ta@en as follows:

9a% To the &e!ional Trial "ourt in cases decided by the =etropolitan Trial "ourt =unicipal Trial "ourt in "ities =unicipal Trial "ourt or =unicipal "ircuit Trial "ourt; 9b% To the "ourt of #ppeals or to the $upreme "ourt in the proper cases provided by law in cases decided by the &e!ional Trial "ourt; and 9c% To the $upreme "ourt in cases decided by the "ourt of #ppeals "Sec. 2$. ;"2 a++eal ta=en 1. under $ec. / &ule 122: 9a% The appeal to the &e!ional Trial "ourt or to the "ourt of #ppeals in cases decided by the &e!ional Trial "ourt in the exercise of its ori!inal jurisdiction shall be ta@en by filin! a notice of appeal with the court which rendered the jud!ment or final order appealed from and by servin! a copy thereof upon the adverse party. 9b% The appeal to the "ourt of #ppeals in cases decided by the &e!ional Trial "ourt in the exercise of its appellate jurisdiction shall be by petition for review under &ule )2. 9c% The appeal to the $upreme "ourt in cases where the penalty imposed by the &e!ional Trial "ourt is reclusion perpetua or life imprisonment or where a lesser penalty is imposed but for offenses committed on the same occasion or which arose out of the same occurrence that !ave rise to the more serious offense for which the penalty of death reclusion perpetua or life imprisonment is imposed shall be by filin! a notice of appeal in accordance with para!raph 9a% of this section. 9d% (o notice of appeal is necessary in cases where the death penalty is imposed by the &e!ional Trial "ourt. The same shall be automatically reviewed by the $upreme "ourt as provided in section 10 of this &ule. Except as provided in the last para!raph of section 1/ &ule 12) all other appeals to the $upreme "ourt shall be by petition for review on certiorari under &ule )7. E!!e$t "! a++eal ,- an- "! se*eral a$$use' 1. under $ec. 11 &ule 122: 9a% #n appeal ta@en by one or more of several accused shall not affect those who did not appeal except insofar as the jud!ment of the appellate court is favorable and applicable to the latter. 9b% The appeal of the offended party from the civil aspect shall not affect the criminal aspect of the jud!ment or order appealed from. 9c% Kpon perfection of the appeal the execution of the jud!ment or final order appealed from shall be stayed as to the appealin! party. <r"un's !"r ' s% ssal "! a++eal 1. The court however may dismiss the petition if it finds the same to be: 9a% Patently without merit;

9b% Prosecuted manifestly for delay; or 9c% The ,uestions raised therein are too unsubstantial to re,uire consideration "Sec. & Rule )'$. Sear$0 an' Se Eure 6Rule 12@1 Nature "! sear$0 2arrant 1. The constitutional ri!ht a!ainst unreasonable search and seiBure refers to the immunity of oneCs person whether a citiBen or alien from interference by !overnment included in whish is his residence his papers and other possession "-illanueva vs. Guerubin& / SCRA !/'$. The overridin! function of the constitutional !uarantee is to protect personal privacy and human di!nity a!ainst unwarranted intrusion by the $tate. >t is deference to oneCs personality that lies at the core of his ri!ht but it could also be loo@ed upon as a reco!nition of a constitutionally protected area primarily oneCs house but not necessarily thereto confined. <hat is sou!ht to be !uarded is a manCs prero!ative to choose who is allowed entry to his residence. >n that haven of refu!e his individuality can assert itself not only in the choice of who shall be welcome but li@ewise in the @ind of objects he wants around him. Thus is outlawed any unwarranted intrusion by !overnment which is called upon to refrain from any intrusion of his dwellin! and to respect the privacies of his life "Sch3erber vs. Cali(ornia& ! / HS %'%$. 2. The ri!ht of the people to be secure in their persons houses papers and effects a!ainst unreasonable searches and seiBures of whatever nature and for any purpose shall be inviolable and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the jud!e after examination under oath or affirmation of the complainant and the witnesses he may produce and particularly describin! the place to be searched and the persons or thin!s to be seiBed "Sec. 2& Art. ...& Constitution$. D st n)u s0 !r"% 2arrant "! arrest Sear$0 /arrant 6Rule 12@1 # search warrant is an order in writin! issued in the name of the People of the Philippines si!ned by a jud!e and directed to a peace officer commandin! him to search for personal property described therein and brin! it before the court "Sec. 1& Rule 12)$. /arrant "! Arrest 6Rule 1181 #rrest is the ta@in! of a person into custody in order that he may be bound to answer for the commission of an offense "Sec. 1& Rule 11!$.

&e,uisites: # search warrant shall not issue except upon probable cause in connection with one specific offense to be determined personally by the jud!e after examination under oath or affirmation of the complainant and the witness he may produce and particularly describin! the place to be searched and the thin!s to be seiBed which may be anywhere in the Philippines "Sec. /&

/. &e,uisites for arrest warrant issued by &T" jud!e under $ec. 7 &ule 112: 1. <ithin 10 days from the filin! of the complaint or information 2. The jud!e shall personally evaluate the resolution of the prosecutor and its supportin! evidence. /. >f he finds probable cause he

Rule 12)$.

shall issue a warrant of arrest ). >n case of doubt on the existence of probable cause 1. The jud!e may order the prosecutor to present additional evidence within 7 days from notice; and 2. The issue must be resolved by the court within /0 days from the filin! of the complaint of information

$earch or seiBure without warrant when lawful: 1. "onsented search; 7. #s an incident to a lawful arrest; 6. $earches of vessels and aircrafts for violation of immi!ration customs and dru! laws; 2. $earches of movin! vehicles; 8. $earches of automobiles at borders or constructive borders; 1. <here the prohibited articles are in plain view; 10. $earches of buildin!s and premises to enforce fire sanitary and buildin! re!ulations; 11. $top and fris@E operations; 12. Exi!ent and emer!ency circumstances 9in times of war and within

). #rrest without warrant when lawful: 9a% <hen in his presence the person to be arrested has committed is actually committin! or is attemptin! to commit an offense; 9b% <hen an offense has just been committed and he has probable cause to believe based on personal @nowled!e of facts or circumstances that the person to be arrested has committed it; and 9c% <hen the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is servin! final jud!ment or is temporarily confined while his case is pendin! or has escaped while bein! transferred from one confinement to another "Sec. '& Rule 11!$.

the area of military operation%

A++l $at "n !"r sear$0 2arrant. 20ere ! le' 91% #n application for search warrant shall be filed with the followin!: 9a% #ny court within whose territorial jurisdiction a crime was committed. 9b% -or compellin! reasons stated in the application any court within the judicial re!ion where the crime was committed if the place of the commission of the crime is @nown or any court within the judicial re!ion where the warrant shall be enforced. ?owever if the criminal action has already been filed the application shall only be made in the court where the criminal action is pendin! "Sec& 2$. Pr",a,le Cause 1. Probable cause is defined as such facts and circumstances which could lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sou!ht in connection with the offense are in the place sou!ht to be searched "2#th Centur1 >o6 >il3 Corp. vs. CA& :R %))/9C'1& # J19J $. #lthou!h probable cause eludes exact and concrete definition it !enerally si!nifies a reasonable !round of suspicion supported by circumstances sufficiently stron! in themselves to warrant a cautious man to believe that a person accused is !uilty of the offense with which he is char!ed "*eople vs. Aruta& 2 SCRA )2)$. 2. Requisites (or issuin0 search warrant. A # search warrant shall not issue except upon probable cause in connection with one specific offense to be determined personally by the jud!e after examination under oath or affirmation of the complainant and the witness he may produce and particularly describin! the place to be searched and the thin!s to be seiBed which may be anywhere in the Philippines "Sec. /$. /. .ssuance and (or3 o( search warrant. A >f the jud!e is satisfied of the existence of facts upon which the application is based or that there is probable cause to believe that they exist he shall issue the warrant which must be substantially in the form prescribed by these &ules "Sec. )$. Pers"nal e#a% nat "n ,- &u')e "! t0e a++l $ant an' 2 tnesses 1. The jud!e must before issuin! the warrant personally examine in the form of searchin! ,uestions and answers in writin! and under oath the complainant and the witnesses he may produce on facts personally @nown to them and attach to the record their sworn statements to!ether with the affidavits submitted "Sec. '$. Part $ular t- "! +la$e t" ,e sear$0e' an' t0 n)s t" ,e se Ee' 1. The ri!ht of the people to be secure in their persons houses papers and effects a!ainst unreasonable searches and seiBures of whatever nature and for any purpose shall be inviolable and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the jud!e after examination under oath or affirmation of the complainant

and the witnesses he may produce and particularly describin! the place to be searched and the persons or thin!s to be seiBed "Sec. 2& Art. ...& Constitution$. 2. The place specified in the search warrant and not the place the police officers who applied for the search warrant had in mind controls. -or the police officers cannot amplify nor modify the place stated in the search warrant "*eople vs. CA& 291 SCRA /##$. The rule is that a description of the place to be searched is sufficient if the officer with the warrant can with reasonable effort ascertain and identify the place intended to be searched. <here there are several apartments in the place to be searched a description of the specific place can be determined by reference to the affidavits supportin! the warrant that the apartment to be searched is the one occupied by the accused. The searchin! party cannot !o from one apartment to the other as the warrant will then become a !eneral warrant "*eople vs. Salan0uit& !') SCRA ) !$. Pers"nal +r"+ert- t" ,e se Ee' 91% *ersonal propert1 to be sei?ed. A # search warrant may be issued for the search and seiBure of personal property: 9a% $ubject of the offense; 9b% $tolen or embeBBled and other proceeds or fruits of the offense; or 9c% Ksed or intended to be used as the means of committin! an offense "Sec. !$. 92% >t is not necessary that the property to be searched or seiBed should be owned by the person a!ainst whom the search is issued; it is sufficient that the property is under his control or possession "*eople vs. 4ichoso& 22! SCRA 1%/$. E#$e+t "ns t" sear$0 2arrant requ re%ent 1. >n a case "*eople vs. Abriol& !)% SCRA !2%$ the "ourt added other exceptions to the prohibition a!ainst warrantless search thus: 1. "onsented search; 2. #s an incident to a lawful arrest; /. $earches of vessels and aircrafts for violation of immi!ration customs and dru! laws; ). $earches of movin! vehicles; 7. $earches of automobiles at borders or constructive borders; 6. <here the prohibited articles are in plain view; 2. $earches of buildin!s and premises to enforce fire sanitary and buildin! re!ulations; 8. $top and fris@E operations; 1. Exi!ent and emer!ency circumstances "*eople vs. -ale?& !#/ SCRA 1/#$. a. Sear$0 n$ 'ental t" la2!ul arrest A # person lawfully arrested may be searched for dan!erous weapons or anythin! which may have been used or constitute proof in the commission of an offense without a search warrant "Sec. 1!& Rule 12)$. The law re,uires that there first be a lawful arrest before a search can be made. The process cannot be reversed "*eople vs. +al3stedt& 19 SCRA /#$. Thus in a buy*bust operation conducted to entrap a dru! pusher the law enforcement a!ents may seiBe the mar@ed

money found on the person of the pusher immediately after the arrest even without arrest and search warrants "*eople vs. *aco& 1%# SCRA ) 1$. The better and established rule is a strict application of the exception provided in $ec. 12 &ule 126 and that is to absolutely limit a warrantless search of a person who is lawfully arrested to his or her person at the time of and incident to his or her arrest and to dan!erous weapons or anythin! which may be used as proof of the commission of the offense. $uch warrantless search obviously cannot be made in any other than the place of arrest ";olasco vs. *ano& 1/% SCRA '##$. ,. C"nsente' Sear$0 A &i!hts may be waived unless the waiver is contrary to law public order morals or !ood customs or prejudicial to a third person with a ri!ht reco!niBed by law "Art. )& Civil Code$. To constitute a valid waiver of a constitutional ri!ht it must appear: 91% that the ri!ht exists 92% the person involved had @nowled!e either actual or constructive of the existence of such ri!ht and 9/% said person has an actual intention to relin,uish the ri!ht "*eople vs. Salan00a& :R 1##91#& #%J2'J9/$. #s the constitutional !uarantee is not dependent upon any affirmative act of the citiBen the courts do not place the citiBen in the position of either contestin! an officerCs authority by force or waivin! his constitutional ri!hts but instead they hold that a peaceful submission and silence of the accused in a search or seiBure is not a consent or an invitation thereto but is merely a demonstration of re!ard to the supremacy of the law "*eople vs. Barros& 2!1 SCRA ''%$. $. Sear$0 "! %"* n) *e0 $le A This is justified on the !round that the mobility of motor vehicles ma@es it possible for the vehicles to move out of the locality or jurisdiction in which the warrant must be sou!ht. This however does not !ive the police officers unlimited discretion to conduct warrantless searches of automobiles in the absence of probable cause *eople vs. Ba0ista& 21/ SCRA )!$. >n carryin! out warrantless searches of movin! vehicles peace officers are limited to routine chec@s that is the vehicles are neither really searched nor their occupants subjected to physical or body searches the examination of the vehicles bein! limited to visual inspection "*eople vs. Barros& 2!1 SCRA ''%$. <arrantless search o movin! vehicle is justified on the !round that it is not practicable to secure a warrant because the vehicle can be ,uic@ly moved out of the locality or jurisdiction in which the warrant must be sou!ht "*eople vs. 7o 8o Don0& 19! SCRA 122$. '. C0e$= +" nts3 ,"'- $0e$=s n a r+"rt A >n Ania0& 2r. vs. CB+E7EC& 2!% SCRA /2/ a warrantless search conducted at police or military chec@points has been upheld for as lon! as the vehicle is neither searched nor its occupants subjected to body search and the inspection of the vehicle is merely limited to visual search. &outine inspections are not re!arded as violative of an individualCs ri!ht a!ainst unreasonable search. The search which is normally permissible is this instance is limited to the followin! instances: 91% where the officer merely draws aside the curtain of a vacant vehicle which is par@ed on the public fair !rounds; 92% simply loo@s into a vehicle; 9/% flashes a li!ht therein without openin! the carCs doors; 9)% where the occupants are not subjected to a physical or body search; 97% where the inspection of the vehicles is limited to a visual search or visual inspection; and 96% where the routine chec@ is conducted in a fixed area "Caballes vs. CA& :R 1!)292& #1J1'J#2$. e. Pla n * e2 s tuat "n A The plain view doctrine reco!niBes that objects inadvertently fallin! in plain view of an officer who has the ri!ht to be in the position to have that view are subject to seiBure without warrant "8arris vs. HS& !9# HS !2/$. >t may not however be used to launch unbridled searches and indiscriminate seiBures nor to extend a !eneral exploratory search made solely to find evidence of a defendantCs !uilt. >t is usually applied where a police officer is not searchin! for evidence a!ainst the accused but nonetheless inadvertently comes across an incriminatin! object "Coolid0e vs. ;ew 8a3pshire& /#! HS //!$. >t is also been su!!ested that even if an object is observed in plain view the seiBure of the subject will not be justified where the incriminatin! nature of the object is not apparent.

$tated differently it must be immediately apparent to the police that the items that they observe may be evidence of a crime contraband or otherwise subject to seiBure "*eople vs. +usa& 21% SCRA '9%$. The elements of Dplain viewE seiBure are: 9a% prior valid intrusion based on the valid warrantless arrest in which the police are le!ally present in the pursuit of their official duties; 9b% the evidence was inadvertently discovered by the police who had the ri!ht to be where they are; 9c% the evidence must be immediately apparent; and 9d% Dplain viewE justified mere seiBure of evidence without further search "*eople vs. Aruta& 2 SCRA )2)$. !. St"+ an' Fr s= s tuat "n A This is based on the conduct of the person who acts suspiciously and when searched such search would yield unlawful items in connection with an offense such as unlicensed firearms and prohibited dru!s. Thus it has been held that a person who was carryin! a ba! and actin! suspiciously could be searched by police officers and the unlicensed firearm seiBed inside the ba! is admissible in evidence bein! an incident of a lawful arrest. $imilarly a person roamin! around in a place where dru! addicts usually are found whose eyes were red and who was wobblin! li@e a drun@ could be le!ally searched of his person and the ille!al dru! seiBed from him is admissible in evidence a!ainst him "+analili vs. CA& 2 # SCRA /##$. # stop and fris@ serves a two*fold interest: 91% the !eneral interest of effective criminal protection and detection which underlie the reco!nition that a police officer may under appropriate circumstances and in an appropriate manner approach a person for purposes of investi!atin! possible criminal behavior even without probable cause; and 92% the more pressin! interest of safety and self*preservation which permit the police officer to ta@e steps to assure himself that the person with whom he deals is not armed with a deadly weapon that could unexpectedly and fatally be used a!ainst him ",err1 vs. Bhio& !92 HS 1$. ). En!"r$e%ent "! Cust"% La2s A -or the enforcement of the customs and tariff laws person deputiBed by the +ureau of "ustoms can affect searches seiBures and arrests even without warrant of seiBure or detention. They could lawfully open and examine any box trun@ envelope or other container wherever found when there is reasonable cause to suspect the presence of dutiable articles introduced into the Philippines contrary to law. They can li@ewise stop search and examine any vehicle beast or person reasonably suspected of holdin! or conveyin! such articles "*apa vs. +a0o& 22 SCRA '%$. The intention behind the !rant of such authority is to prevent smu!!lin! and to secure the collection of the le!al duties taxes and other char!es "Sec. 22#2& ,ari(( and Custo3s Code$. Knder the Tariff and "ustoms "ode "ustoms officers are authoriBed to ma@e arrest search and seiBure of any vessel aircraft car!o articles animals or other movable property when the same is subject to forfeiture or liable for any fine under the customs and tariff laws rules and re!ulations "Sec. 22#'$ and may at any time enter pass throu!h or search any land or inclosure or any warehouse store or other buildin! without bein! a dwellin! house 9Sec. 22# $. # dwellin! house may be entered or searched only upon warrants issued by jud!e upon sworn application showin! probable cause and particularly describin! the placed to be searched and person or thin!s to be searched "Sec. 22#$. Re%e' es !r"% unla2!ul sear$0 an' se Eure 1. # motion to ,uash a search warrant and;or to suppress evidence obtained thereby may be filed in and acted upon only by the court where the action has been instituted. >f no criminal action has been instituted the motion may be filed in and resolved by the court that issued search warrant. ?owever if such court failed to resolve the motion and a criminal case is subse,uently filed in another court the motion shall be resolved by the latter court "Sec. 1/$. 2. >f a search warrant is issued and it is attac@ed a motion ,uash is the remedy or a motion to suppress the evidence seiBed pursuant to the search warrant would be available. &eplevin may also be proper if the objects are le!ally possessed. /. #lternative remedies of the accused adversely affected by a search warrant are the followin!:

1. =otion to ,uash the search warrant with the issuin! court; or 2. =otion suppress evidence with the court tryin! the criminal case. The remedies are alternative not cumulative. >f the motion to ,uash is denied a motion to suppress cannot be availed of subse,uently. Pr"* s "nal Re%e' es 6Rule 1271 Nature 1. The provisional remedies in civil actions insofar as they are applicable may be availed of in connection with the civil action deemed instituted with the criminal action "Sec. 1$. 2. The re,uisites and procedure for availin! of these provisional remedies shall be the same as those for civil cases. "onse,uently an application for recovery of dama!es on the bond posted for purposes of said provisional remedies shall be made in the same action and !enerally cannot be the subject of a separate action "Sec. 1/& Rule '%5 Sec. & Rule ' 5 Sec. 9& Rule '95 Sec. 1#& Rule )#$. -or this reason the order of trial now specifically provides that the accused may present evidence not only to prove his defense but also such dama!es as he may have sustained and arisin! from the issuance of any provisional remedy in the case "Sec. 11@bA& Rule 1195 Sec. 12& Rule 12/$. /. The provisional remedies under this &ule are proper only where the civil action for the recovery of civil liability e6 delicto has not been expressly waived or the ri!ht to institute such civil action separately is not reserved in those cases where such reservation may be made. A (ortiori where the civil action has actually been instituted whether such action has been suspended by the subse,uent institution of the criminal action "Se!c. 2& Rule 111$ or may proceed independently of the criminal action but may be applied for in the separate civil action. F n's "! +r"* s "nal re%e' es 91% Attach3ent. K <hen the civil action is properly instituted in the criminal action as provided in &ule 111 the offended party may have the property of the accused attached as security for the satisfaction of any jud!ment that may be recovered from the accused in the followin! cases: 9a% <hen the accused is about to abscond from the Philippines; 9b% <hen the criminal action is based on a claim for money or property embeBBled or fraudulently misapplied or converted to the use of the accused who is a public officer officer of a corporation attorney factor bro@er a!ent or cler@ in the course of his employment as such or by any other person in a fiduciary capacity or for a willful violation of duty; 9c% <hen the accused has concealed removed or disposed of his property or is about to do so; and 9d% <hen the accused resides outside the Philippines "Sec. 2$. 92% &ule 72 on preliminary attachment applies on the procedure to secure an attachment in the cases authoriBe/d under &ule 122. :rounds upon which attach3ent 3a1 issue. L #t the commencement of the action or at any time before entry of jud!ment a plaintiff or any proper party may have the property of the adverse party attached as security for the satisfaction of any jud!ment that may be recovered in the followin! cases:

9a% >n an action for the recovery of a specified amount of money or dama!es other than moral and exemplary on a cause of action arisin! from law contract ,uasi*contract delict or ,uasi*delict a!ainst a party who is about to depart from the Philippines with intent to defraud his creditors; 9b% >n an action for money or property embeBBled or fraudulently misapplied or converted to his own use by a public officer or an officer or a corporation or an attorney factor bro@er a!ent or cler@ in the course of his employment as such or by any other person in a fiduciary capacity or for a willful violation of duty; 9c% >n an action to recover the possession of property unjustly or fraudulently ta@en detained or converted when the property or any part thereof has been concealed removed or disposed of to prevent its bein! found or ta@en by the applicant or an authoriBed person; 9d% >n an action a!ainst a party who has been !uilty of a fraud in contractin! the debt or incurrin! the obli!ation upon which the action is brou!ht or in the performance thereof; 9e% >n an action a!ainst a party who has removed or disposed of his property or is about to do so with intent to defraud his creditors; or 9f% >n an action a!ainst a party who does not reside and is not found in the Philippines or on whom summons may be served by publication "Sec. 2& Rule '%$.