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REMEDI AL L AW ( CRI MI NAL PROCEDURE)

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L a mb d a E p s i l o n i D V OR E ! C o l l " # " o $ L a %
PRELIMINARIE&
1. '(risdi)tion is d"t"rmin"d b* t+" ",t"nt o$ t+" p"nalt* %+i)+ t+" la% impos"s-
on t+" basis o$ t+" $a)ts as r")it"d in t+" )omplaint or in$ormation )onstit(ti." o$
t+" o$$"ns" )+ar#"d.
Not determined by:
what may be meted out to the offender after trial
the result of the evidence that would be presented during the trial
Jurisdiction is retained regardless of:
whether the evidence proves a lesser offense than that charged in the
information,
the subsequent happening of events, although of a character which would
have prevented jurisdiction from attaching in the first instance.
2. /"n"ral R(l": Jurisdiction of a court to try criminal action is to be determined by the
law at the time of the institution of the action.
Exception0 where the statute expressly provides, or is construed that it is
intended to operate to actions pending before its enactment, in which case, the
court where the criminal action is pending is ousted of jurisdiction and the
pending action will have to be transferred to the other tribunal which will continue
the proceeding.
. V"n(" is 1(risdi)tional2
Thus0 !ction must be instituted and tried in the municipality or territory where the
offense has been committed or where any one of the essential ingredients
thereof too" place.
#. /"n"ral R(l": the question of jurisdiction may be raised at any stage of the
proceedings.
Exception0 may not be raised for the first time on appeal, where there has been
estoppel and laches on the party who raises the question.
RULE 113 PRO&ECU4ION O! O!!EN&E&
Instit(tion o$ Criminal A)tions
1. !or o$$"ns"s %+i)+ r"5(ir" pr"liminar* in."sti#ation:
$y filing the complaint with the proper officer for preliminary investigation.
%efers to a complaint&affidavit, and is different from the complaint defined in
'ection of %ule 11(.
)hese offenses are those where the penalty prescribed by law is at least #
years, 2 months and 1 day of imprisonment without regard to the fine.
2. !or all ot+"r o$$"ns"s- or $or o$$"ns"s %+i)+ ar" p"nali6"d b* la% %it+ lo%"r
t+an at l"ast 7 *"ars- 8 mont+s and 1 da* %it+o(t r"#ard to t+" $in":
*nstituted directly with the +), and +,),, or the complaint is filed with the
-ffice of the .rosecutor.
*n +anila and other chartered cities, the complaint shall be filed with the -ffice of
the .rosecutor unless otherwise provided in their charters.
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. Take Note0 ! complaint for offenses cogni/able by the %), is 0-) filed directly with
the %), either for purposes of preliminary investigation or for commencement of the
criminal prosecution.
#. 4+" instit(tion o$ t+" )riminal a)tion int"rr(pts t+" r(nnin# o$ t+" p"riod o$
pr"s)ription o$ t+" o$$"ns" )+ar#"d
Unless0 otherwise provided in special laws.
A)t No2 9989 governs the prescriptive periods of violations of special laws, or
offenses other than those penali/ed under the %evised .enal ,ode.
1. 4+" $ilin# o$ a )omplaint $or p(rpos"s o$ pr"liminar* in."sti#ation starts t+"
pros")(tion pro)"ss.
4+" )omplaint or in$ormation
1. R"5(isit"s:
in writing
in the name of the .eople of the .hilippines
!gainst all persons who appear to be responsible for the offense involved.
2. W+o is t+" r"al o$$"nd"d part*: )he .eople of the .hilippines, but since the crime
is also an outrage against the offended party, he is entitled to intervene in its prosecution
in cases where the civil action is impliedly instituted therein.
Complaint
1. D"$inition: ! complaint is a sworn written statement charging a person with an
offense, subscribed by the offended party, any peace officer, or other public officer
charged with the enforcement of the law violated.
2. )he complaint as defined under 'ection is different from the complaint filed with the
.rosecutor2s -ffice.
. 4+" )omplaint $il"d %it+ t+" Pros")(tor;s O$$i)"- $rom %+i)+ t+" latt"r ma*
initiat" a pr"liminar* in."sti#ation- r"$"rs to0
any written complaint
filed by an offended party or not
not necessarily under oath, except in 2 instances:
complaint for commission of an offense which cannot be prosecuted de officio
or is private in nature
where the law requires that it is to be started by a complaint sworn to by the
offended party, or when it pertains to those which need to be enforced by
specified public officers.
#. 3nder the R(l" on &(mmar* Pro)"d(r"0
a complaint may be directly filed in the +),, provided that in +etro +anila and in
chartered cities, the criminal action may only be commenced by the filing of
information, which means by the prosecutor, except when the offense cannot be
prosecuted de officio as in private crimes.
In$ormation
1. D"$inition: !n accusation in writing a person with an offense, subscribed by the
prosecutor and filed with the court.
2. <o% is an In$ormation di$$"r"nt $rom a Complaint: 3nli"e a complaint, which
requires that it be under oath and is filed either in the +), or with the provincial4city
prosecutor2s office, the information does not have to be under oath and is always filed in
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court. !ll that is required is that it be subscribed or signed by the fiscal or prosecutor,
which is an indispensable requirement.
W+o m(st pros")(t" )riminal a)tions
1. Ma* a )riminal pros")(tion b" r"strain"d b* in1(n)tion:
/"n"ral R(l"0 0o.
Reason0 .ublic interest requires that criminal acts be immediately investigated
and prosecuted for the protection of society.
Exceptions0
where injunction is justified by the necessity to afford protection to the
constitutional rights of the accused
when necessary for the orderly administration of justice or to avoid
oppression or multiplicity of actions
when there is a prejudicial question which is sub judice
when the acts of the officer are without or in excess of authority
where the prosecution is under an invalid law, ordinance or regulation
when double jeopardy is clearly apparent
where the court has no jurisdiction over the offense
where it is a case of persecution rather than prosecution
where the charges are manifestly false and motivated by the lust for
vengeance
when there is clearly no prima facie case against the accused and the
motion to quash on that ground has been denied
preliminary injunction has been issued by the 'upreme ,ourt to prevent
the threatened unlawful arrest of petitioners.
2. Prior to the filing of the information in court, the prosecutor has $(ll )ontrol of the
case. 5e decides who should be charged in court and who should be excluded from the
information.
However0 His decision on the matter is subject to review by:
the 'ecretary of Justice who exercises supervision and control over his
actions and who may sustain, modify or set aside his resolution on the
matter
in appropriate cases, by the courts when he acts with grave abuse of
discretion amounting to lac" of jurisdiction.
. Pri.at" Pros")(tor Parti)ipation:
May a public prosecutor allow a private prosecutor to actively handle the conduct
of the trial? 6es, where the civil action arising from the crime is deemed instituted
in the criminal action.
.ublic .rosecutor must be present during the proceedings and must ta"e over
the conduct of the trial from the private prosecutor at any time the cause of the
prosecution may be adversely affected.

REMEDI AL L AW ( CRI MI NAL PROCEDURE)


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Thus- where the prosecutor has turned over the active conduct of the trial
to the private prosecutor who presented testimonial evidence even when
the public prosecutor was absent during the trial, the evidence presented
could not be considered valid evidence of the .eople.
However0 this rule applies only to courts which are provided by law with
prosecutors, and not to municipal courts which have no trial prosecutors,
in which case the evidence presented by the private prosecutor can be
considered as evidence for the .eople.
7However, under an amendment made by the SC effective May , !""!, %ule
11( 'ection 1 now provides that #$ll criminal actions either commenced by complaint or
by information shall be prosecuted under the direction and control of a public prosecutor%
&n case of heavy wor' schedule of the public prosecutor or in the event of lac' of public
prosecutors, the private prosecutor may be authori(ed in writing by the Chief of the
Prosecution )ffice or the *egional State Prosecutor to prosecute the case subject to the
approval of the court% )nce so authori(ed to prosecute the criminal action, the private
prosecutor shall continue to prosecute the case up to the end even in the absence of a
public prosecutor, unless the authority is revo'ed or otherwise withdrawn%+
#. /"n"ral R(l": *n appeals, the 'ol. 8en. has control. 5e may abandon or discontinue
the prosecution of the case in the exercise of his sound discretion and may even
recommend the acquittal of an accused when he believes that the evidence does not
warrant his conviction.
Exception0 provided for in %! 92#: which states in part that ;in all cases
elevated to the 'andiganbayan and from the '$ to the ',, the -ffice of the
-mbudsman, through its special prosecutor, shall represent the .eople of the
.hilippines, except in cases filed pursuant to <- 0os. 1, 2, 1# and 1#&!, issued
in 1:9=.>
1. ,hen it is said that the re-uirement of Art. 344 of RPC is jurisdictional, what is meant
is that it is the complaint that starts the prosecutory proceeding. *t is not the complaint
which confers jurisdiction on the court to try the case.
=. On)" t+" )omplaint is $il"d- do"s d"at+ o$ t+" )omplainant in a )rim" o$ ad(lt"r*
",tin#(is+ t+" )riminal liabilit* o$ t+" a))(s"d: 0o. )he participation of the offended
party in private crimes is essential not for the maintenance of the criminal action but
solely for the initiation thereof. !ny pardon given by the complainant or her death after
the filing of the complaint would not deprive the court of the jurisdiction to try the case.
?. 4+" d"sistan)" o$ )omplainant:
@oes not bar the .eople from prosecuting the criminal action
ut0 it does operate as a waiver of the right to pursue civil indemnity.
&($$i)i"n)* o$ )omplaint or in$ormation
1% $ complaint is sufficient if it states:
the name of the accused
the designation of the offense by a statute
the acts or omission complained of as constituting the offense
the name of the offended party
the approximate time of the commission of the offense
the place where the offense was committed.
2. P(rpos": to safeguard the constitutional right of an accused to be informed of the
nature and cause of the accusation against him.
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Nam" o$ t+" a))(s"d
1. *f name is =no%n: the name and surname of the accused or any appellation or
nic"name by which he has been or is "nown.
2. *f name )annot b" as)"rtain"d: a fictitious name with a statement that his true name
is un"nown.
*f true name thereafter disclosed: such true name shall be inserted in the
complaint or information and record.
. Ahile one or more persons, along with specified and named accused, may be sued
as ;John @oes,> an information against all accused described as ;John @oes> is void,
and an arrest warrant against them is also void.
D"si#nation o$ t+" o$$"ns"
1. *n case of a conflict between the designation of the crime and the recital of facts
constituting the offense, the latter prevails over the former%
2. )he real question is not, did he commit a crime given in the law some technical and
specific name, but did he perform the acts alleged in the body of the information. *f he
did, it is of no consequence to him, either as a matter of procedure or of substantive
right, how the law denominates the crime.
Ca(s" o$ a))(sation
1. !f one or "ore ele"ents of the offense have not #een alle$e% in the infor"ation,
the accused cannot be convicted of the offense charged, even if the missing elements
have been proved during the trial.
<ven the accused2s entering a plea of guilty to such defective information will not
cure the defect, nor justify his conviction of the offense charged.
2. Important: )he new rule requires that the qualifying and aggravating circumstances
be alleged in the information.
. ,here the law alleged to have been violated:
prohibits generally acts therein defined
is intended to apply to all persons indiscriminately,
but prescribes certain limitations or exceptions from its violation
the information is sufficient if it alleges facts which the offender did as constituting a
violation of law, without e.plicitly negating the e.ception, as the e.ception is a matter of
defense which the accused has to prove%
#. ,here the law alleged to have been violated/
applies only to specific classes of persons and special conditions
the exemptions from its violation are so incorporated in the language defining the
crime that the ingredients of the offense cannot be accurately and clearly set
forth if the exemption is omitted,
the information must show that the accused does not fall within the e.emptions%
1. Ahere what is alleged in the information is a )ompl", )rim" and the evidence fails to
support the charge as to one of the component offenses, the defendant can only be
convicted of the offense proven.
Pla)" o$ )ommission o$ t+" o$$"ns"
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Ma* )on.i)tion b" +ad "."n i$ it app"ars t+at t+" )rim" %as )ommitt"d not at t+"
pla)" all"#"d in t+" in$ormation: 6es, provided the place of actual commission was
within the jurisdiction of the court.
Unless0 the particular place of commission is an essential element of the offense
charged.
Dat" o$ t+" )ommission o$ t+" o$$"ns"
W+at is t+" d"t"rminati." $a)tor in t+" r"sol(tion o$ t+" 5("stion in.ol.in# a
.arian)" b"t%""n t+" all"#ation and proo$ in r"sp")t o$ t+" dat" o$ t+" )rim": )he
element of surprise on the part of the accused and his inability to defend himself
properly.
Nam" o$ t+" o$$"nd"d part*
)o constitute larceny, robbery, embe//lement, obtaining money by false pretenses,
malicious mischief, etc., the property obtained must be that of another person, and
indictment for such offense must nam" t+" o%n"r and a variance in this respect
between the indictment and the proof will be fatal.
D(pli)it* o$ t+" o$$"ns"
1. Wai."r:
Ahen the accused fails, before arraignment, to move for the quashal of the
information which charges 2 or more offenses, he thereby waives the objection
and may be found guilty of as many offenses as those charged and proved
during the trial.
2. ,here the law with respect to an offense may be committed in any of the different
modes provided by law, the indictment in the information is sufficient if the offense is
alleged to have been committed in one, two or more modes specified therein. )he
various ways of committing the offense should be considered as a description of only
one offense and the information cannot be dismissed on the ground of multifariousness.
. Exceptions to the rule on %uplicit&: continuous crimes and complex crimes
Am"ndm"nt or s(bstit(tion
1. 0efore the accused enters his plea, the prosecutor may:
upgrade the offense
allege qualifying and aggravating circumstances or
change the offense charged
without leave of court, provided there is evidence thereon which has been presented
during the preliminary investigation%
2. However, prosecutor cannot:
downgrade the offense charged
exclude from the information a co&accused
without filing a motion to that effect, with notice to the offended party, and subject to the
approval of the court% 1he court shall state the reasons in resolving the motion and
copies thereof furnished all parties, especially the offended party%
. )echnically, paragraph ! of Section 2 does not refer to amendment, but to
substitution of the complaint or information by a new one. *f the substitution is made
before the accused enters his plea, the question of double jeopardy does not arise. *f
the filing of new information is done after the plea and before judgment on the ground
that there has been a mista"e in charging the proper offense, the filing thereof may only
be allowed if it will not place the accused twice in jeopardy.
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#. Test as to whether a defendant is prejudiced by an amendment:
whether a defense under the information as it originally stood would be available
after the amendment is made, and
whether any evidence defendant might have would be equally applicable to the
information in the new form as in the other.
1. /"n"ral R(l": after arraignment, the prosecutor may no longer amend the information
which changes the nature of the crime, as it will prejudice the substantial rights of the
accused.
Exception0 when a fact supervenes which changes the nature of the crime
charged in the information or upgrades it to a higher crime, the prosecutor, with
leave of court, may amend the information to allege such supervening fact and
upgrade the crime charged to the higher crime brought about by such
supervening fact.
However0 if the supervening event which changes the nature of the crime to a
more serious one occurred after the accused has been convicted, which ma"es
the amendment of the information no longer the remedy of the prosecution, the
prosecution can and should charge the accused for such more serious crime,
without placing the accused in double jeopardy, there being no identity of the
offense charged in the first information and in the second one.
=. 'ection 1# applies only to ori#inal )as" and not to appealed case.
Pla)" %+"r" a)tion is to b" instit(t"d
1. 'enue in cri"inal case is (uris%ictional, being an essential element of jurisdiction.
2. /"n"ral R(l": .enal laws are territorialB hence .hilippine courts have no jurisdiction
over crimes committed outside the .hilippines.
Exceptions0 those provided in !rticle 2 of the %evised .enal ,ode. )hose who
commit any of the crimes contemplated therein can be tried by .hilippine courts.
Int"r."ntion o$ t+" o$$"nd"d part* in )riminal a)tion
1. ,here the offended party withdrew a reservation to file a separate civil action, the
private prosecutor may still intervene in the prosecution of the criminal case, by
conducting the examination of witnesses under the control of the prosecutor.
However: once the offended party has filed a separate civil action arising from
the crime, he may not withdraw such civil case in order to intervene in the
criminal prosecution. 5e loses the right to intervene. 5e no longer has any
standing in the criminal case, except to be a prosecution witness.
2. W+"r" a )riminal a)tion +as b""n pro.isionall* dismiss"d (pon motion o$ t+"
pros")(tor- )an t+" )as" b" r".i."d (pon motion o$ t+" o$$"nd"d part*: 0o,
because the offended party or complaining witness cannot act for the prosecutor.
RULE 111 PRO&ECU4ION O! CIVIL AC4ION
Instit(tion o$ )riminal and )i.il a)tions
1. /"n"ral R(l": the institution or filing of the criminal action includes the institution
therein of the civil action for recovery of civil liability arising from the offense charged.
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Except in the followin$ instances)
the offended party waives the civil actionB
he reserves his right to institute the civil action separatelyB or
he institutes the civil action prior to the criminal action.
2. )he employer may not be held civilly liable for quasi&delict in the criminal action as
ruled in +aniago v. ,ourt of !ppeals since quasi&delict is not deemed instituted with the
criminal. *f at all, the only civil liability of the employer in the criminal action would be his
subsidiary liability under the %evised .enal ,ode.
. 4%o instan)"s %+"r" no r"s"r.ation s+all b" allo%"d0
a criminal action for violation of 0P !!
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.
$ claim arising from an offense which is cogni(able by the Sandiganbayan%
a civil action filed prior to the criminal action has to be transferred to the
subsequently filed criminal action for joint hearing C'ec. # of .@1=(= as
amended by %! 92#:D
#. W+"n t+" r"s"r.ation o$ t+" ri#+t to instit(t" t+" s"parat" )i.il a)tions s+all b"
mad"0 before the prosecution starts to present its evidence and under circumstances
affording the offended party a reasonable opportunity to ma"e such a reservation.
1. 1he rule re-uiring reservation to file a separate civil action does not apply to civil
actions which can be filed and prosecuted independently of the criminal action, namely,
those provided in !rts. 2, , # and 21?= of the ,ivil ,ode.
=. !lthough the criminal and civil actions may be joined in the criminal case, they are
distinct from each other. )he plaintiffs in the two actions are different.
1hus: even if the accused started serving his sentence within the 11&day period
from the promulgation of the judgment of conviction by the lower court, thereby
ma"ing the judgment against him final, the complainant may, within the 11&day
reglementary period, still as" that the civil liability be fixed by the court, if the
judgment does not adjudicate any civil liability, as the judgment regarding civil
liability has not become final and the court still has jurisdiction to adjudge the civil
liability.
?. R(l"s on !ilin# !""s:
No filing fees are required for amounts of actual damages.
Exception0 criminal action for violation of $. 22 which is deemed to
include the corresponding civil action. )he offended party shall, upon the
filing of the criminal and civil actions, pay in full the filing fees based on
the face value of the chec" as the actual damages.
Purpose of 3.ception: to prevent the offended party from using the
prosecutor2s office and the court as vehicles for recovery of the face value
of the chec", without paying the corresponding filing fees therefor.
With respect to damages other than actual, if these damages are specified in the
complaint or information, the corresponding filing fees should be paid, otherwise,
the trial court will not acquire jurisdiction over such other damages.
Where moral, exemplary and other damages are not specified in the complaint or
information, the grant and amount thereof are left to the sound discretion of the
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trial court, the corresponding filing fees need not be paid and shall simply
constitute a first lien on the judgment.
9. *n an app"al o$ a )riminal )as":
)he appellate court may impose additional damages or increase or decrease the
amounts of damages upon the accused&appellant.
However, additional penalties cannot be imposed upon a co&accused who did not
appeal, but modifications of the judgment beneficial to him are considered in his
favor.
:. 1he offended party in a criminal case may appeal the civil aspect despite the ac-uittal
of the accused.
,here the trial court convicted the accused, but dismissed the civil action instituted
therein, the offended party may appeal the dismissal to the ,!.
1(. Compromis" on )i.il asp")t0
1he offended party may compromise the civil aspect of a crime, provided that it
must be entered before or during the litigation, and not after final judgment. !
compromise on the civil aspect is valid even if it turns out to be unsatisfactory
either to one or both of the parties.
11. Important>0 'ection 1, %ule 111 now expressly provides that no counterclaim,
cross4claim or third4party complaint may be filed by the accused in the criminal case, but
any cause of action which could have been subject thereof may be litigated in a
separate civil action%
%easons:
the counterclaim of the accused will unnecessarily complicate and
confuse the criminal proceedingsB
the trial court should confine itself to the criminal aspect and the possible
civil liability of the accused arising out of the crime.
W+"n s"parat" )i.il a)tion is s(sp"nd"d
1a'e 5ote: !rticle 2: of the ,ivil ,ode merely emphasi/es that a civil action for
damages is not precluded by the acquittal of an accused for the same criminal act or
omission. *t does not state that the remedy can be availed of only in a separate civil
action.
W+"n )i.il a)tion ma* pro)""d ind"p"nd"ntl*
1. Prior reservation is not necessary to file separate civil action under $rts% 6!, 66, 62
and !78 of the Civil Code% )he phrase ;which has been reserved> that has caused
conflicting rulings in the past has now been deleted.
2. $ctions based on -uasi4delict may be filed independently of the criminal action
regardless of the result of the criminal action, except that a plaintiff cannot recover
damages twice for the same act or omission of the defendant.
E$$")t o$ d"at+ o$ t+" a))(s"d on )i.il a)tions
1. After arrai$n"ent an% %urin$ the pen%enc& of the cri"inal action)
/"n"ral R(l": death e.tinguishes the civil liability arising from delict or the
offense
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Except0 where civil liability is predicated on other sources of obligations such as
law, contract, quasi&contract and quasi&delict.
&f such civil action which survives is impliedly instituted in the criminal
action, the legal representative or heir of the deceased shall be
substituted for the deceased. )he criminal case is reduced to a civil
action.
However, if the civil action has been reserved and subse-uently filed or
such civil action has been instituted, when the accused died, then such
civil action will proceed and substitution of parties shall be ordered by the
court pursuant to 'ec.1= %ule of the %ules of ,ourt.
2. efore arrai$n"ent)
)he civil action impliedly instituted in the criminal action shall be dismissed
without prejudice to the offended party2s filing a civil action against the
administrator of the estate of the deceased.
. Pen%in$ appeal of his conviction)
extinguishes his criminal liability as well as the civil liability based solely thereon.
#. Prior to final (u%$"ent)
terminates his criminal liability and only the civil liability directly arising from and
based solely on the offense committed.
'(d#m"nt in )i.il a)tion not a bar
)he judgment in civil actions based on !rts. 2, , # and 21?= absolving the
defendant from civil liability does not bar the criminal action.
Pr"1(di)ial 5("stion
1. )he prejudicial question may be raised during the preliminary investigation of the
offense or in court before the prosecution rests its case.
2. )he suspension of the criminal case due to a prejudicial question is only a procedural
matter, and is subject to a waiver by virtue of prior acts of the accused.
. )here is no prejudicial question where one case is administrative and the other is civil.
RULE 118 PRELIMINAR? INVE&4I/A4ION
Pr"liminar* in."sti#ation d"$in"d@ %+"n r"5(ir"d
1. Preli"inar& investi$ation is)
not part of the trial of the criminal action in court. 0or is its record part of the
record of the case in the %),.
subject to the requirements of both substantive and procedural due process.
)he right of an accused to a preliminary investigation is not a
constitutional but merely a statutory right. 0onetheless, it is a component
part of due process in criminal justice and is a substantive right.
a personal right and may be waived expressly or by implication.
Eac" of .* is not a ground to quash or dismiss a complaint or information,
nor does it affect the court2s jurisdiction. Ahen there is no preliminary
investigation, the accused must invo"e it at the first opportunity and the
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court should hold in abeyance or suspend proceedings and remand the
case to the office of the prosecutor for him to conduct .*.
2. The refusal of the court to re"an% the case for P! can #e controlle% #& certiorari
an% prohi#ition to prevent trial.
O$$i)"rs a(t+ori6"d to )ond()t pr"liminar* in."sti#ation
1. No lon$er authori*e% to con%uct P!)
$y implication, M1C judges in Manila and in chartered cities have not been
granted the authority to conduct .*, as the officers authori/ed to do so are the
prosecutors%
Judges of %),s
2. Two t&pes of offenses "a& #e file% in the +TC for preli"inar& investi$ation)
a case cogni/able by the %), may be filed with the +), for .*B
even if it is cogni/able by the +), because it is an offense where the penalty
prescribed by law is at least # years 2 months and 1 day.
. Re$ar%in$ offenses fallin$ within the ori$inal (uris%iction of the ,an%i$an#a&an)
.rosecutors or municipal trial court judges conducting .* of offenses falling within
the original jurisdiction of the 'andiganbayan shall, after their conclusion,
transmit the records and their resolutions to the -mbudsman or his deputy for
appropriate action.
+oreover, the prosecutor or judge cannot dismiss the complaint without the prior
written authority of the -mbudsman or his deputy, nor can the prosecutor file an
information with the 'andiganbayan without being deputi/ed by, and without prior
written authority of, the -mbudsman or his deputy.
#. Re$ar%in$ election offenses)
)he exclusive jurisdiction of the ,omelec to investigate and prosecute election
offenses inheres even if the offender is a private individual or public officer or
employee, and in the latter instance, irrespective of whether the offense is
committed in relation to his official duties or not. *n other words, it is the nature
of the offense, namely, an election offense as defined in the )mnibus 3lection
Code and in other election laws, and not the personality of the offender that
matters%
1. Re$ar%in$ the -"#u%s"an)
)he power of the -mbudsman to ma"e investigation extends to any illegal act or
omission of any public official, whether or not the same is committed in relation to
his office.
.reliminary investigation by the -mbudsman is limited to cases cogni/able by
the 'andiganbayan and must be conducted pursuant to %ule 11 of the %ules of
.rocedure of the -ffice of the -mbudsman.
'ection #CdD of !dministrative -rder 0o. (? disallows the filing of a motion to
quash or dismiss a complaint filed with the -mbudsman, except on the ground of
lac" of jurisdiction.
W+i)+ r"m"d* ma* an a##ri"."d part* a.ail o$ a#ainst r"sol(tions o$ t+"
Omb(dsman in )riminal or nonAadministrati." )as"s: 1he law is silent.
5ence, appeal is not available as a remedy because the right to appeal is a
statutory privilege and may be availed of only if there is a statute to that effect.
11
REMEDI AL L AW ( CRI MI NAL PROCEDURE)
REVI EWER Pa r t 1
L a mb d a E p s i l o n i D V OR E ! C o l l " # " o $ L a %
However, an aggrieved party is not without remedy, as he can resort to the
special civil action of certiorari under %ule =1.
The -"#u%s"an %oes not have the power)
to prosecute before the 'andiganbayan any impeachable officers with any
offense which carries with it the penalty of removal from office, or any penalty
service of which would amount to removal from office because by
constitutional mandate, they can only be removed from office on
impeachment for, and conviction of, culpable violation of the ,onstitution,
treason, bribery, graft and corruption, other high crimes, or betrayal of public
trust
to prosecute public officers or employees who have committed election
offenses.
to file an information for an offense cogni/able by the regular courts.
=. E$$")t o$ an in)ompl"t" PI0
does not warrant the quashal of the information
does not affect the court2s jurisdiction or the validity of the information.
Pro)"d(r"
1. $y reason of the abbreviated nature of .*, a dismissal of the charges as a result
thereof is not equivalent to a judicial pronouncement of acquittal.
2. )he accused or respondent in a criminal prosecution may avail himself of discovery
remedies either during preliminary investigation or when the information has already
been filed in court.
. ! motion to dismiss is now a prohibited pleading during preliminary investigation.
#. )he respondent is now required to submit counter&affidavits and other supporting
documents relied upon by him for his defense.
1. )he respondent now has the right to examine the evidence submitted by the
complainant of which he may not have been furnished and to obtain copies thereof at his
expense.
R"sol(tion o$ in."sti#atin# pros")(tor and its r".i"%
1. $fter having filed the information, the prosecutor is called upon to prosecute the case
in court. *t has been said that at this stage, unli"e judges who are mandated to display
cold neutrality in hearing cases, the prosecutors are not required to divest themselves of
their personal convictions and refrain from exhibiting partiality. $ut while he may stri"e
hard blows, he is not at liberty to stri"e foul ones.
2. E$$")t o$ ",)l(sion o$ ot+"r p"rsons $rom t+" in$ormation0
&f during the trial, evidence is shown that such persons should have been
charged, the fact that they were not included in the information does not relieve
them of criminal liability, and they can be subsequently prosecuted.
)he accused who has been charged with the offense is not allowed to escape
punishment merely because it develops in the course of the trial that there were
other guilty participants in the crime.
*t does not vitiate the validity of the information. 0either is the same a ground for
a motion to quash.
12
REMEDI AL L AW ( CRI MI NAL PROCEDURE)
REVI EWER Pa r t 1
L a mb d a E p s i l o n i D V OR E ! C o l l " # " o $ L a %
. Rol" o$ &")r"tar* o$ '(sti)":
)he 'ecretary of Justice is not prevented from entertaining an appeal from the
accused or from the offended party even after the information has been filed and
the trial court has arraigned the accused. 'ection # of @-J 22 should be
construed as merely enjoining the 'ecretary of Justice to refrain, as far as
practicable, from entertaining a petition for review or appeal from the action of the
prosecutor once the complaint or information is filed in court. *f the 'ecretary
reverses the ruling of the prosecutor, the latter has to file the necessary motion to
dismiss the complaint or information, the grant or denial of which is subject to the
discretion of the trial court.
#. E$$")t i$ t+" in$ormation is $il"d b* som"on" not a(t+ori6"d b* la%0
1he court does not ac-uire jurisdiction. )he accused2s failure to assert lac" of
authority on the part of the prosecutor in filing the information does not constitute
a waiver thereof.
1. )he prosecutor is required to resolve the complaint based on the evidence presented
by the complainant in the event that the respondent cannot be subpoenaed or the
respondent, if subpoenaed, does not submit a counter&affidavit within the 1(&day period.
R"sol(tion o$ in."sti#atin# 1(d#" and its r".i"%
NonA1(di)ial $(n)tion:
,hen a municipal judge conducts P&, he performs a non&judicial function.
Conse-uently, the findings of the investigating judge are subject to review by the
provincial prosecutor whose findings in turn may also be reviewed by the
'ecretary of Justice in appropriate cases.
W+"n %arrant o$ arr"st ma* iss("
1. In.alid: ! warrant issued by the judge solely on the basis of the report and
recommendation of the investigating prosecutor, without personally determining the
existence of probable cause by independently examining sufficient evidence submitted
by the parties during the .*
2. E$$")t o$ a $indin# o$ probabl" )a(s":
merely binds over the suspect to stand trial. &t is not a pronouncement of guilt%
. W+at t+" a))(s"d %+o b"li"."s t+at t+"r" is no probabl" )a(s" to +old +im $or
trial ma* do:
to file with the trial court a motion to dismiss on such ground or for the
determination of probable cause.
if the warrant of arrest has been issued, the accused may file a motion to quash
the arrest warrant or to recall the same on the ground of lac" of probable cause.
#. W+"r" an in$ormation +as alr"ad* b""n $il"d in )o(rt- and t+" &")r"tar* o$
'(sti)" r"."rs"d t+" pros")(tor;s $indin# o$ probabl" )a(s"- %+at s+o(ld t+" trial
)o(rt do (pon t+" pros")(tor;s motion to dismissF 5e must ma"e his own
assessment of the evidence and not just rely on the conclusion of the prosecutor,
otherwise the court becomes a mere rubber stamp.
1. Re$ar%in$ reinvesti$ation:
)nce the complaint or information is filed in court, any motion for reinvestigation
is addressed to the sound discretion of the court.
1
REMEDI AL L AW ( CRI MI NAL PROCEDURE)
REVI EWER Pa r t 1
L a mb d a E p s i l o n i D V OR E ! C o l l " # " o $ L a %
Ahile the trial court judge has the power to order the reinvestigation of the case
by the prosecutor, he may not, before the prosecutor concluded the
reinvestigation, recall said order, set the case for arraignment and trial, without
gravely abusing his discretion.
=. M(ni)ipal 1(d#" ma* iss(" arr"st %arrant b"$or" )on)l(sion o$ pr"liminar*
in."sti#ation i$0
he finds that probable cause exists and
there is a necessity of placing respondent under immediate custody.
?. Important: )he rule is now that the investigating judge2s power to order the arrest of
the accused is limited to instances in which there is a necessity for placing him in
custody in order not to frustrate the ends of justice. )hus, even if the judge finds
probable cause, he cannot, on such ground alone, issue a warrant of arrest. 5e must
further find there is a necessity of placing the accused under immediate custody in order
not to frustrate the ends of justice.
9. 4+" in."sti#atin# 1(d#" +as no po%"r to r"d()" or )+an#" t+" )rim" )+ar#"d in
ord"r to 1(sti$* t+" #rant o$ bail to t+" a))(s"d2 )he power belongs to the
prosecutor.
:. $fter the conclusion of his P&, the judge has to transmit to the provincial prosecutor his
resolution and entire records of the case, regardless of whether he finds a probable
cause or sufficient ground to issue a warrant of arrest.
W+"n a))(s"d la%$(ll* arr"st"d %it+o(t %arrant
1. /"n"ral R(l": 0o complaint or information shall be filed for an offense which is
penali/ed by imprisonment of not less than # years, 2 months and 1 day without .*.
Exception0 when the accused has been lawfully arrested without warrant, in
which case, an inquest must be conducted by an inquest prosecutor who will
determine whether his arrest without warrant is lawful. )he inquest prosecutor
may order the release of the arrested person if he finds no sufficient ground to
hold him without prejudice to conducting further investigation, or file complaint or
information within the period specified in !rt. 121 of the %.,.
2. In )as" a p"rson is arr"st"d %it+o(t a %arrant- a )omplaint or in$ormation ma*
onl* b" $il"d a$t"r an in5("st )ond()t"d in a))ordan)" %it+ ",istin# r(l"s2
Provi%e%0 that in the absence or unavailability of an in-uest prosecutor, the
complaint may be filed by the offended party or a peace officer directly with the
proper court on the basis of the affidavit of the offended party or arresting officer
or person.
% 0efore the filing of a complaint or information, the person arrested without a warrant
may as" for a preliminary investigation by a proper officer, but he must sign a waiver of
the provisions of !rt. 121 of the %.,.
#. &f the accused allows himself to be arraigned without as'ing for a preliminary
investigation, he is deemed to have waived the right to such .*.
Cas"s not r"5(irin# pr"liminar* in."sti#ation nor )o."r"d b* t+" R(l" on
&(mmar* Pro)"d(r"
4+" r"spond"nt or a))(s"d is not "ntitl"d to pr"liminar* in."sti#ation in t+"
$ollo%in# )as"s:
cases governed by the %ules on 'ummary .rocedureB
1#
REMEDI AL L AW ( CRI MI NAL PROCEDURE)
REVI EWER Pa r t 1
L a mb d a E p s i l o n i D V OR E ! C o l l " # " o $ L a %
cases where the punishment does not exceed # years 2 months and 1 day.
RULE 119 ARRE&4
D"$inition o$ arr"st
!pplication of actual force, manual touching of the body, physical restraint or formal
declaration of arrest is not required. $rrest includes submission to the custody of the
person ma'ing the arrest%
E,")(tion o$ %arrant
1. The (u%$e issues a warrant of arrest in . instances)
C1D Upon t+" $ilin# o$ t+" in$ormation b* t+" pros")(tor2
&n issuing this 'ind of warrant, the judge does not personally examine the
complainant and the witnesses he may produce, but he merely evaluates
personally the report and supporting documents and other evidence adduced
during the preliminary investigation and submitted to him by the prosecutor,
and if he finds probable cause on the basis thereof he issues the warrant for
the arrest of the accused.
C2D Upon appli)ation o$ a p"a)" o$$i)"r.
&n this 'ind of warrant, the judge must personally examine the applicant and
the witnesses he may produce, to find out whether there exists probable
cause, otherwise the warrant issued is null and void. 5e must subject the
complainant and the witnesses to searching questions. )he reason for this is
there is yet no evidence on record upon which he may determine the
existence of probable cause.
2. A warrant of arrest has no expir& %ate. *t remains valid until arrest is effected or the
warrant is lifted.
However, 'ec. # of %ule 11 requires the head of the office who applied for
warrant to execute the same within 1( days from receipt thereof and for the
arresting officer assigned to execute the same to submit, within 1( days from the
expiration of the first 1(&day period, a report to the judge who issued the warrant.
Arr"st %it+o(t %arrant@ %+"n la%$(l
1. !n a citi*en/s arrest, the person may be arrested and searched of his body and of his
personal effects or belongings, for dangerous weapons or anything which may be used
as proof of the commission of an offense, without need of a search warrant.
2. 'ec. 1CaD refers to arrest in flagrante delicto while 'ec. 1CbD refers to hot pursuit.
. 'ec. 1CbD authori/es warrantless arrest ;when an offense has in fact just been
committed.> )he word ;just> implies immediacy in point of time.
#. 9elivery of the detained person to the proper judicial authorities means the filing of the
complaint or information with the municipal trial court or with the inquest fiscal or
prosecutor who shall then decide either to order the release of the detained person or to
file the corresponding information in court.
M"t+od o$ arr"st b* o$$i)"r %it+o(t %arrant
1. C(stodial in."sti#ation
11
REMEDI AL L AW ( CRI MI NAL PROCEDURE)
REVI EWER Pa r t 1
L a mb d a E p s i l o n i D V OR E ! C o l l " # " o $ L a %
*nvolves any questioning initiated by law enforcement officers after a person has
been ta"en into custody or otherwise deprived of his freedom of action in any
significant way.
*t is only after investigation ceases to be a general inquiry into an unsolved crime
and begins to focus on a particular suspect, the suspect is ta"en into custody,
and the police carries out a process of interrogations that lends itself to eliciting
incriminating statements that the rule begins to operate.
E"#race% in custo%ial investi$ation)
invited for questioning
re&enactment
Not e"#race% in custo%ial investi$ation)
police line&up
ultraviolet ray examination
normal audit examination by the ,-! of the accountability of a public officer
2. Ahen the threat or promise was made by, or in the presence of, a person in authority,
who has, -% is supposed by the accused to have power or authority to fulfill the threat
or promise, the confession of the accused is inadmissible.
. Presu"ption of re$ularit& in the perfor"ance of %uties)
9oes not apply during in4custody investigation, nor can it prevail over the
constitutional right of the accused to be presumed innocent.
#. )he arresting officer may be held civilly liable for damages under !rt. 2 of the ,ivil
,ode. )he very nature of !rt. 2 is that the wrong may be civil or criminal. *t is not
necessary that there should be malice or bad faith.
1. -n Civil Proce%ure)
'ection 2( %ule 1# of the 1::? %ules of ,ivil .rocedure provides in part that the
inclusion in a motion to dismiss of other grounds aside from lac' of jurisdiction
over the person of the defendant shall not be deemed a voluntary appearance%
'ection 9 %ule 11 provides that subject to the provisions of Section *ule :, a
motion attac'ing a pleading, order, judgment or proceeding shall include all
objections then available, and all objections not so included shall be deemed
waived%
1hese changes in the ::7 *ules of Civil Procedure are applicable to criminal
cases as 'ection %ule 1 thereof provides that ;these rules shall govern the
procedure to be observed in actions, civil or criminal, and special proceedings.>
+oreover, the omnibus motion rule applies to motions to quash.
=. 'ection 2= of %ule 11# of the 0ew %ules of ,riminal .rocedure provides that bail is
not a bar to ob1")tion on ill"#al arr"st- la)= o$ or irr"#(lar pr"liminar*
in."sti#ation. )his is an abandonment of the ,ojuangco, Jr. v. 'andiganbayan ruling.
RULE 117 BAIL
Bail d"$in"d
1. P(rpos":
1=
REMEDI AL L AW ( CRI MI NAL PROCEDURE)
REVI EWER Pa r t 1
L a mb d a E p s i l o n i D V OR E ! C o l l " # " o $ L a %
to honor the presumption of innocence until his guilt is proven beyond reasonable
doubt
to enable him to prepare his defense without being subject to punishment prior to
conviction.
2. Upon ass(mption o$ t+" obli#ation o$ bail- t+" s(r"ti"s b")om" in la% t+" 1ail"rs
o$ t+"ir prin)ipal2
. As bail is int"nd"d to obtain or s")(r" on";s pro.isional lib"rt*- t+" sam"
)annot b" post"d b"$or" )(stod* o."r +im +as b""n a)5(ir"d b* t+" )o(rt2
Rationale0 it discourages and prevents resort to the pernicious practice whereby
an accused could just send another in his stead to post his bail, without
recogni/ing the jurisdiction of the court by his personal appearance therein and
compliance with the requirements thereof.
Conditions o$ t+" bail@ r"5(ir"m"nts
1. 1he surety;s liability covers all these 6 stages:
trial
promulgation
the execution of the sentence.
<nless the court directs otherwise, the bail bond posted by an accused remains in force
at all stages of the case until its final determination%
2. &f the accused presents his notice of appeal, the trial court will order the accused to be
ta"en into custody in the absence of a new bail bond on appeal duly approved by the
court. &f the accused does not appeal, the bondsman must produce the accused on the
11th day from promulgation of sentence for service of sentence.
Bail- as a matt"r o$ ri#+t@ ",)"ption
1. W+"n bail is a matt"r o$ ri#+t:
before or after conviction by the +),
before conviction, for all offenses punishable by lower than reclusion perpetua
prosecution does not have the right to oppose or to present evidence for its
denial.
2. W+"n bail is a matt"r o$ dis)r"tion:
before conviction, in offenses punishable by death, reclusion perpetua or life
imprisonment
after conviction by the %), of a non&capital offense
prosecution is entitled to present evidence for its denial.
. Ri#+t to bail ma* b" %ai."d.
#. Bail in )o(rtAmartial o$$"ns"s:
)he right to bail of an accused military personnel triable by courts&martial
does not e.ist, as an exception to the general rule that an accused is entitled
to bail e.cept in a capital offense where the evidence of guilt is strong.
*ationale: )he unique structure of the military justifies exempting military men
from the constitutional coverage on the right to bail.
1?
REMEDI AL L AW ( CRI MI NAL PROCEDURE)
REVI EWER Pa r t 1
L a mb d a E p s i l o n i D V OR E ! C o l l " # " o $ L a %
1. Noti)" o$ +"arin# r"5(ir"d0
,hether bail is a matter of right or of discretion, reasonable notice of hearing is
required to be given to the prosecutor or fiscal or at least he must be as"ed for
his recommendation because in fixing the amount of bail, the judge is required to
ta"e into account a number of factors such as the applicant2s character and
reputation, forfeiture of other bonds or whether he is a fugitive from justice.
=. &(mmar* o$ t+" ".id"n)" $or t+" pros")(tion
1he court;s order granting or refusing bail must contain a summary of the
evidence for the prosecution, otherwise the order granting or denying bail may be
invalidated because the summary of the evidence for the prosecution which
contains the judge2s evaluation of the evidence may be considered as an aspect
of procedural due process for both the prosecution and the defense.
?. It %o(ld b" pr"mat(r"- not to sa* in)on#r(o(s- to $il" a p"tition $or bail $or
som"on" %+os" $r""dom +as *"t to b" )(rtail"d2
Bail- %+"n dis)r"tionar*
1. Not "ntitl"d to bail0
!n accused who has been convicted of an offense which carries a penalty of
more than 2( years is not entitled to bail during the pendency of his appeal.
!n accused who is convicted of a capital offense is no longer entitled to bail on
appeal since his conviction imports that the evidence of guilt is strong.
2. 4rial )o(rt ma* #rant bail b"$or" app"al is p"r$")t"d
,hether bail is a matter of right or discretion, the trial court may grant bail and
approve the amount of the bail bond before the accused has perfected his
appeal, appeal being perfected upon filing of a written notice of appeal and
furnishing the adverse party copy thereof.
However if the decision of the trial court convicting the accused changed 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.
3ven if there is no notice of appeal, if the decision of the 1C convicting the
accused changed the nature of the offense from non4bailable to bailable, the
application for bail can only be filed with and resolved by the appellate court.
. A$t"r app"al is p"r$")t"d- t+" trial )o(rt los"s 1(risdi)tion to #rant bail and to
appro." bail bond.
However, the accused may apply for bail or provisional liberty with the appellate
court.
Capital o$$"ns" d"$in"d
)he capital nature of an offense is determined by the penalty prescribed by law, and not
by the penalty that may be imposed after trial and on the basis of the evidence adduced
and the presence of aggravating or mitigating circumstance.
Capital o$$"ns" or an o$$"ns" p(nis+abl" b* r")l(sion p"rp"t(a or li$"
imprisonm"nt- not bailabl"
1. Distin)tion b"t%""n li$" imprisonm"nt and r")l(sion p"rp"t(a- inso$ar as bail is
)on)"rn"d- is not important.
19
REMEDI AL L AW ( CRI MI NAL PROCEDURE)
REVI EWER Pa r t 1
L a mb d a E p s i l o n i D V OR E ! C o l l " # " o $ L a %
,hy? because in both cases, the grant of bail before conviction by the trial court
is a matter of discretion when evidence of guilt is strong.
2. 4+" )onstit(tional mandat" ma="s t+" #rant or d"nial o$ bail in )apital o$$"ns"s
+in#" on t+" iss(" o$ %+"t+"r or not t+" ".id"n)" o$ #(ilt is stron#2
. M"anin# o$ C)on.i)tionD
)he word ;conviction> in 'ection 1, !rticle *** of the 1:9? ,onstitution refers to
conviction by the trial court, which has not become final, as the accused still has
the right to appeal. !fter conviction by the trial court, the accused convicted of a
capital offense is no longer entitled to bail, and can only be released when the
conviction is reversed by the appellate court.
B(rd"n o$ proo$ in bail appli)ation
1. 0Evi%ence of $uilt1 in the ,onstitution and the %ules refers to a finding of innocence
or culpability, regardless of the modifying circumstances.
2. R"#ardin# minors )+ar#"d %it+ a )apital o$$"ns"0
*f the person charged with a capital offense, such as murder, admittedly a minor,
which would entitle him, if convicted, to a penalty next lower than that prescribed
by law, he is entitled to bail regardless of whether the evidence of guilt is strong%
)he reason for this is that one who faces a probable death sentence has a
particularly strong temptation to flee. )his reason does not hold where the
accused has been established without objection to be minor who by law cannot
be sentenced to death.
. D(t* o$ 1(d#" to )ond()t +"arin#:
,here the prosecution agrees with the accused;s application for bail or foregoes
the introduction of evidence, the court must nonetheless set the application for
hearing.
*t is mandatory for the judge to conduct a hearing and as" searching and
clarificatory questions for the purpose of determining the existence of strong
evidence against the accusedB and the order, after such hearing, should ma"e a
finding that the evidence against the accused is strong.
Corporat" s(r"t*
)he term of the bail bond is not dependent upon faithful payment of the bond premium.
'(sti$i)ation o$ s(r"ti"s
efore acceptin$ a suret& or #ail #on%2 the followin$ re3uisites "ust #e co"plie%
with)
photographs of the accusedB
affidavit of justificationB
clearance from the 'upreme ,ourtB
certificate of compliance with ,ircular 0o. == dated 'eptember 1:, 1::=B
authority of the agentB and
current certificate of authority issued by the *nsurance ,ommissioner with a
financial statement showing the maximum underwriting capacity of the surety
company.
D"posit o$ )as+ as bail
1:
REMEDI AL L AW ( CRI MI NAL PROCEDURE)
REVI EWER Pa r t 1
L a mb d a E p s i l o n i D V OR E ! C o l l " # " o $ L a %
)he trial judge has no authority to strictly require that only cash bond, instead of a surety
bond, be deposited for the provisional release of the accused.
R")o#ni6an)"
1. )he release of the accused may be on his own recogni/ance, which means that he
has become his own jailer. *t may be to a responsible person. .ersons charged with
offenses falling under the %ule on 'ummary .rocedure may be released either ;on bail
or on recogni/ance of a responsible citi/en acceptable to the court.>
2. *n Espirit( .2 'o."llanos C29( ',%! 1?:, 1::?D, the ,ourt held that the release on
reco$ni*ance of an& person un%er %etention "a& #e or%ere% onl& #& a court an%
onl& in the followin$ cases)
when the offense charged is for violation of an ordinance, a light, or a criminal
offense, the imposable penalty of which does not exceed = months imprisonment
and4or .2((( fine, under the circumstances provided in %! 0o. =(=
where a person has been in custody for a period equal to or more than the
minimum of the imposable principal penalty, without application of the
*ndeterminate 'entence Eaw or any modifying circumstance, in which case the
court, in its discretion, may allow his release on his own recogni/ance
where the accused has applied for probation, pending resolution of the case but
no bail was filed or the accused is incapable of filing one
in case of a youthful offender held for physical and mental examination, trial, or
appeal, if he is unable to furnish bail and under circumstances envisaged in .@
0o. =( as amended.
Bail- %+"r" $il"d
! judge presiding in one branch has no power to grant bail to an accused who is being
tried in another branch presided by another judge who is not absent or unavailable, and
his act of releasing him on bail constitutes ignorance of law which subjects him to
disciplinary sanction.
!or$"it(r" o$ bail
1. W+"n bail bond $or$"it"d0
only in instances where the presence of the accused is specifically required by
the court or the %ules of ,ourt and, despite due notice to the bondsmen to
produce him before the court on a given date, the accused fails to appear in
person as so required.
2. 4o 1(sti$* ","mption $rom liabilit* on a bail bond or r"d()tion t+"r"o$- t%o
r"5(isit"s m(st b" satis$i"d0
production or surrender of the person of the accused within ( days from notice
of the order of the court to produce the body of the accused or giving reasons for
its non&production
satisfactory explanations for the non&appearance of the accused when first
required by the trial court to appear.
,ompliance with the first requisite without meeting the second requisite will
not justify non&forfeiture of a bail bond or reduction of liability.
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REMEDI AL L AW ( CRI MI NAL PROCEDURE)
REVI EWER Pa r t 1
L a mb d a E p s i l o n i D V OR E ! C o l l " # " o $ L a %
Arr"st o$ a))(s"d o(t on bail
1. )he bondsmen who put the bail bond for the accused become the jailers and they or
the police officer to whom authority is endorsed may arrest the accused for the purpose
of surrendering him to the court. 1he accused cannot leave the country without the
permission of the bondsmen and the court%
2. R"#ardin# +oldAd"part(r" ord"rs0
Supreme Court Circular 5o% 6:4:7 dated =une :, ::7 limits the authority to
issue hold departure orders to the %),s in criminal cases within their exclusive
jurisdiction. ,onsequently, M1C judges have no authority to issue hold4
departure orders, following the maxim, express mention implies the exclusion.
0either does he have authority to cancel one which he issued.
No bail a$t"r $inal 1(d#m"nt@ ",)"ption
/"n"ral R(l": no bail shall be allowed after the judgment has become final, as what is
left is for him to serve the sentence.
Exception0 when he has applied for probation before commencing to serve
sentence, the penalty and the offense being within the purview of the .robation
Eaw.
Exception to the exception0 the accused shall not be allowed to be released on
bail after he has commenced to serve his sentence.
Bail is not a bar to ob1")tions on ill"#al arr"st- la)= o$ or irr"#(lar pr"liminar*
in."sti#ation
Important: !n application for admission to bail shall not bar the accused from
challenging the validity of his arrest or the legality of the warrant issued therefore, or
from assailing the regularity or questioning the absence of a preliminary investigation of
the charge against him, provided that he raises them before entering his plea% )he court
shall observe the matter as early as practicable but not later than the start of the trial of
the case.
RULE 11E RI/<4& O! ACCU&ED
Ri#+ts o$ t+" a))(s"d at t+" trial
1. Is t+" )onstit(tional pr"s(mption o$ inno)"n)" .iolat"d b* t+" pr"s(mption o$
#(ilt "stablis+"d b* la% arisin# $rom )"rtain $a)ts pro."d and b* s+i$tin# to t+"
a))(s"d t+" b(rd"n o$ proo$ to s+o% +is inno)"n)": 0o. )he state having the right
to declare what acts are criminal, within certain defined limitations, has a right to specify
what act or acts shall constitute a crime, as well as what proof shall constitute prima
facie evidence of guilt. )he constitutional presumption of innocence will not apply as
long as there is some rational connection between the fact proved and the ultimate fact
presumed, and the inference of one fact from proof of another shall not be so
unreasonable as to be purely arbitrary.
2. E5(ipois" r(l":
*f the inculpatory facts and circumstances are capable of two or more
explanations, one of which is consistent with the innocence of the accused and
the other with his guilt, then the evidence does not fulfill the test of moral
certainty and is not sufficient to support a conviction of the accused. 5ence,
where the evidence of the parties in a criminal case are evenly balanced, the
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REMEDI AL L AW ( CRI MI NAL PROCEDURE)
REVI EWER Pa r t 1
L a mb d a E p s i l o n i D V OR E ! C o l l " # " o $ L a %
constitutional presumption of innocence should tilt the scales in favor of the
accused and he must be ac-uitted%
. *f the judgment of conviction had become final and executory, it may still be recalled,
and the accused afforded the opportunity to be heard by counsel, where he has been
denied the right to counsel during the hearing%
#. Ahere an accused was represented in the %), by a person who claimed to be a
lawyer and was thereafter convicted, but it was later discovered that his counsel was not
really a lawyer, he is entitled to have his conviction set aside and a new trial underta"en.
1. 4ransa)tional and Us" imm(nit* distin#(is+"d0
Transactional i""unit& is broader in the scope of its application. $y its grant,
a witness can no longer be prosecuted for any offense whatsoever arising out of
the act or transaction.
*n contrast, by the grant of use4an%4%erivative4use i""unit&, a witness is only
assured that his or her particular testimony and evidence derived from it will not
be used against him or her in a subsequent prosecution.
=. )he right against self4incrimination is a protection only against testimonial compulsion.
?. )he accused;s right to meet the witnesses face to face is limited to proceedings
before the trial court, during trial, and not during custodial or preliminary investigation.
9. *e-uests by a party for the issuance of subpoenas do not require notice to other
parties to the action.
:. 1he sanctions of arrest and contempt in respect to disobedience to subpoena are not
applicable to a witness who resides more than 1(( "ilometers from the residence to the
place where he is to testify, or if he is a detention prisoner no permission of the court in
which his case is pending was obtained.
1(. Public trial should not be confused with trial by publicity which is proscribed.
11. R"5(isit"s $or .alid %ai."r o$ ri#+t0
existence of right
"nowledge of existence thereof
intention to relinquish such right, which must be shown clearly and convincingly
where the law or the ,onstitution so provides, the waiver must be with the
assistance of counsel, to be valid.
RULE 11F ARRAI/NMEN4 AND PLEA
Arrai#nm"nt and pl"a@ +o% mad"
1. D"$inition: !rraignment is the stage where the issues are joined in criminal action and
without which the proceedings cannot advance further or, if held, will otherwise be void.
2. No trial in abs"ntia )an b" .alidl* +"ld %it+o(t $irst arrai#nin# t+" a))(s"d- and
+" )annot b" arrai#n"d %it+o(t +is p"rsonal app"aran)" in )o(rt2
. Pr"s"n)" o$ o$$"nd"d part* r"5(ir"d
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REMEDI AL L AW ( CRI MI NAL PROCEDURE)
REVI EWER Pa r t 1
L a mb d a E p s i l o n i D V OR E ! C o l l " # " o $ L a %
1he presence of the offended party is now re-uired at the arraignment and also
to discuss the matter of accused;s civil liability. *n case the offended party fails to
appear despite due notice, the trial court may allow the accused to plead guilty to
a lower offense with solely the conformity of the trial prosecutor.
#. A))(s"d (nd"r pr"."nti." d"t"ntion
Ahile %! 9#:, or the 'peedy )rial !ct, provides that the accused shall be
arraigned within ( days from the time a court acquires jurisdiction over his
person, %ule 11= section 1CeD provides for a shorter time within which an
accused who is under preventive detention should be arraigned. Ahen an
accused is detained, his case should be raffled within days from the filing of the
information or complaint against him, and the judge to whom his case is raffled
shall have him arraigned within 1( days from receipt by the judge of the records
of the case. )he pre&trial conference shall be held within 1( days after the
arraignment.
1. )he arraignment shall be held within ( days from the date the court acquires
jurisdiction over the person of the accused, unless a shorter period is provided by
special law or by ', ,ircular.
Certain laws an% ,C Circulars provi%e for a shorter ti"e within which the
accuse% shoul% #e arrai$ne%)
RA 7G3H G in criminal cases where the complainant is about to depart from
the .hilippines with no definite date of return, the accused should be
arraigned without delay and his trial should commence within days from the
arraignment and that no postponement of the initial hearing should be
granted except on the ground of illness on the part of the accused or other
grounds beyond the control of the court.
RA IF13 C,hild !buse !ctD G the trial shall be commenced within days from
arraignment
@angerous @rugs Eaw
&C AO 137AGF- i.e., heinous crimes, violations of the *ntellectual .roperty
%ights Eaw G these cases must be tried continuously until terminated within
=( days from commencement of the trial and to be decided within ( days
from the submission of the case
Pl"a o$ #(ilt* to a l"ss"r o$$"ns"
1. )he new rule provides that the accused may be allowed by the trial court to plead
guilty to a lesser offense which is necessarily included in the offense charged, and
deleted the phrase, ;regardless of whether or not it is necessarily included in the crime
charged, or is cogni/able by a court of lesser jurisdiction than the trial court.>
*t should be noted, however, that the amendment did not say that an accused
may be allowed to plead to a lesser offense only if the same is necessarily
included in the offense charged. )he provision employs the word ;may,> which is
permissive and implies that the court may still allow an accused to plead guilty to
a lesser offense, even if the latter is not included in the offense charged.
2. Cons"nt o$ o$$"nd"d part* r"5(ir"d0
1he consent of the offended party to allowing the accused to plead guilty to a
lesser offense is necessary. *t has been held that if the plea of guilty to a lesser
offense is made without the consent of the prosecutor and the offended party, the
2
REMEDI AL L AW ( CRI MI NAL PROCEDURE)
REVI EWER Pa r t 1
L a mb d a E p s i l o n i D V OR E ! C o l l " # " o $ L a %
conviction of the accused shall not be a bar to another prosecution for an offense
which necessarily includes the offense charged in the former information.
. C+an#" o$ pl"a
$fter the prosecution has rested its case, a change of plea to a lesser offense
may be granted by the judge, with the approval of the prosecutor and the
offended party and only when the prosecution does not have sufficient evidence
to establish the guilt of the crime charged. )he judge cannot on its own grant the
change of plea.
Pl"a o$ #(ilt* to )apital o$$"ns"@ r")"ption o$ ".id"n)"
1. !n i"provi%ent plea means a plea without proper information as to all the
circumstances affecting itB based upon a mista"en assumption or misleading information
or advice.
2. Conviction in a capital offense cannot rest alone on a plea of guilty, a free and
intelligent plea. *t is mandatory for the trial court to require the prosecution to present its
evidence and, if the accused so desires, to allow him to submit his evidence. )his is so
even if the accused formally manifests that he waives presentation of evidence by the
prosecution.
Pl"a o$ #(ilt* to nonA)apital o$$"ns"@ r")"ption o$ ".id"n)"- dis)r"tionar*
1. W+at a pl"a o$ #(ilt* in)l(d"s0
)he plea of guilty covers both the crime as well as its attendant circumstances
alleged in the complaint or information, qualifying and4or aggravating the crime.
'uch plea removes the necessity of presenting further evidence and for all
intents and purposes the case is deemed tried on its merits and submitted for
decision. *t leaves the court with no alternative but to impose the penalty
prescribed by law.
2. Miti#atin# )ir)(mstan)"s0
)he trial court may allow an accused to plead guilty and at the same time allow
him to prove other mitigating circumstances. 5owever, if what the accused
would prove is an exempting circumstance, which would amount to a withdrawal
of his plea of not guilty, the trial court may not allow him to ta"e the witness
stand.
. *f the accused is permitted to present evidence after his plea of guilty to a non&capital
offense and such shows that the accused is not guilty of the crime charged, the accused
must be acquitted, for there is no rule which provides that simply because the accused
pleaded guilty to the charge that his conviction automatically follows. !dditional
evidence independent of the plea may be considered to convince the judge that it was
intelligently made.
Wit+dra%al o$ impro.id"nt pl"a o$ #(ilt*
1. W+"n it ma* b" don":
at any time before the judgment of conviction becomes final.
2. E$$")t:
change of the accused2s plea from guilty to that of not guilty is the setting aside of
the judgment of conviction and the re&opening of the case for new trial.
2#
REMEDI AL L AW ( CRI MI NAL PROCEDURE)
REVI EWER Pa r t 1
L a mb d a E p s i l o n i D V OR E ! C o l l " # " o $ L a %
. )he withdrawal must at least have a rational basis. )he accused should state that he
has a meritorious defense to the charge. )he motion should be set for hearing and the
prosecution heard thereon.
4im" $or )o(ns"l d" o$$i)io to pr"par"
E,pr"ss d"mand:
,ounsel for the accused must expressly demand the right to be given reasonable
time to consult with the accused. -nly when so demanded does denial thereof
constitute reversible error and a ground for new trial.
Bill o$ parti)(lars
1. R(l" 18 o$ Ci.il Pro)"d(r" on bill o$ parti)(lars is appli)abl" in )riminal
pro)""din#s2
2. It is not t+" o$$i)" o$ t+" bill o$ parti)(lars to:
'upply material allegation necessary to the validity of a pleading
,hange a cause of action or defense stated in the pleading, or to state a cause
of action or defense other than the one stated.
'et forth the pleader2s theory of his cause of action or a rule of evidence on
which he intends to rely
Hurnish evidentiary information whether such information consists of evidence
which the pleader proposes to introduce or of facts which constitute a defense or
offset for the other party or which will enable the opposite party to establish an
affirmative defense not yet pleaded.
. 4+" $ilin# o$ a motion $or bill o$ parti)(lars s(sp"nds t+" p"riod to $il" a
r"sponsi." pl"adin#2
*f the motion is granted, the moving party has the remaining period or at least 1
days to file his answer from service of the bill of particulars.
*f the motion is denied, he has the same period to file his responsive pleading
from receipt of the order denying the motion.
&(sp"nsion o$ arrai#nm"nt
4"sts to d"t"rmin" insanit*0
the test of cognition Cwhich is used in this jurisdictionD or the complete deprivation
of intelligence in committing the criminal act
the test of volition or that there be a total deprivation of freedom of the will.
RULE 11I MO4ION 4O JUA&<
4im" to mo." to 5(as+
1. J(as+al and noll" pros"5(i distin#(is+"d0
)he quashal of complaint or information is different from a nolle prosequi,
although both have one result, which is the dismissal of the case.
! nolle prosequi is initiated by the prosecutor while a quashal of information is
upon motion to quash filed by the accused.
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REMEDI AL L AW ( CRI MI NAL PROCEDURE)
REVI EWER Pa r t 1
L a mb d a E p s i l o n i D V OR E ! C o l l " # " o $ L a %
! nolle prosequi is a dismissal of the criminal case by the government before the
accused is placed on trial and before he is called to plead, with the approval of
the court in the exercise of its judicial discretion. *t parta"es of the nature of a
nonuser or discontinuance in a civil suit and leaves the matter in the same
condition in which it was before the commencement of the prosecution. *t is not
an acquittalB it is not a final disposition of the caseB and it does not bar a
subsequent prosecution for the same offense.
2. /"n"ral R(l": ! +)I may be filed by the accused at any time before the accused
enters his plea. )hereafter, no +)I can be entertained by the court.
Exception0 under the circumstances mentioned in 'ec. :, %ule 11?, which
adopts the omnibus motion rule. )his means that a +)I may still be filed after
arraignment on the ground that the facts alleged in the information charge no
offense, that the offense or penalty has prescribed, or that the doctrine of double
jeopardy precludes the filing of the information.
. 4+" ri#+t to $il" a M4J b"lon#s onl* to t+" a))(s"d2 )here is nothing in the rules
which authori/es the court or judge to motu propio initiate a +)I by issuing an order
requiring why the information may not be quashed on the ground stated in said order.
!orm and )ont"nts
C!a)t(al and l"#al #ro(ndsD m(st b" stat"d
)his provision requiring that the ;factual and legal grounds> be stated in the
motion allows that facts outside the information itself may be introduced to prove
any of the grounds of a +)I, enumerated in 'ec. . 'uch inquiry into outside
facts may also be allowed even when the ground invo"ed is that the allegation in
the information does not constitute the offense charged.
/ro(nds
1. In a M4J bas"d on t+" #ro(nd t+at t+" $a)ts all"#"d in t+" in$ormation do not
)onstit(t" t+" o$$"ns" )+ar#"d- t+" trial )o(rt s+o(ld limit its in5(ir* to0
the averments in the information, as hypothetically admittedB
facts admitted by the prosecutionB and
indubitable facts.
2. W+"r" #ro(nd $or M4J is ill"#al arr"st0
&f the accused believes that the arrest, with or without warrant, is illegal, he
should move to quash the information on such ground, along with other grounds
as otherwise such other grounds will be deemed waived if not included in the
+)I, except no offense charged, lac" of jurisdiction over the offense,
prescription of offense or liability, or double jeopardy.
. 1he prosecutor who signed the information must have territorial jurisdiction to conduct
the preliminary investigation of the offense, otherwise the information filed by him would
be invalid and can be quashed on such ground.
#. 1he fact that the allegations in the complaint or information are vague or broad, is not
generally a ground for a motion to -uash, the remedy being to file a motion for bill of
particulars.
=. )he period of prescription of violation of special laws or offenses not penali/ed by the
%evised .enal ,ode but by special laws, and municipal ordinances is governed by !ct
0o. 2= which too" effect on @ecember #, 1:2=.
2=
REMEDI AL L AW ( CRI MI NAL PROCEDURE)
REVI EWER Pa r t 1
L a mb d a E p s i l o n i D V OR E ! C o l l " # " o $ L a %
?. Do)trin" o$ Pr"sid"ntial Ad <o) !a)tA!indin# Committ"" on B"+"st Loans .2
D"si"rto- 91I &CRA 8I8 (1GGG)0
*f the commission of the crime is "nown, the prescriptive period shall commence
to run on the day it was committed, otherwise on the date of its discovery.
*n the very nature of things, acts made criminal by special laws are frequently
not immoral or obviously immoral in themselves. Hor this reason, the applicable
statute requires that if the violation of the special law is not "nown at the time, the
prescriptive period begins to run only from the discovery thereof, that is,
discovery of the unlawful nature of the constitutive act or acts, in connection with
which there should be evidence.
9. R"#ardin# pr"s)ripti." p"riods0
,here an accused has been found to have committed a lesser offense includible
within the offense charged, he cannot be convicted of the lesser offense if it has
already prescribed. )o hold otherwise would be to sanction the circumvention of
the law on prescription by the simple expedient of accusing the defendant of the
graver offense.
1he rule that if the last day falls on a Sunday or a holiday, the act can still be
done the following day does not apply to the computation of the period of
prescription of a crime, in which the rule is that if the last day in the period of
prescription of a felony falls on a 'unday or legal holiday, the information
concerning said felony cannot be filed on the next wor"ing day, as the offense
has by then already prescribed.
)he period of a continuing crime;s prescription is counted from the latest or last
act constituting the series of acts continuing the single crime.
1he prescriptive period of offenses penali(ed by special laws and ordinances is
interrupted only by the filing of complaint or information in court. )his is without
distinction as to whether the cases are covered by the %ule on 'ummary
.rocedure.
)he period of prescription does not run when the offender is absent from the
.hilippines.
:. R"#ardin# pardon:
<nless grounded on the person;s innocence, a pardon by the .resident cannot
bring bac" lost reputation for honesty, integrity and fair dealing. )he pardoned
offender regains his eligibility for appointment to public office which was forfeited
by reason of the conviction of the offense. $ut since pardon does not necessarily
result in automatic reinstatement because the offender has to apply for
reappointment, he is not entitled to bac" wages.
1(. Cont"ntio(s motions:
Contentious motions in criminal cases must comply with the requirements that
they be set for hearing at a specified date with prior notice to the adverse party or
the prosecutor at least days before the hearing, the notice of hearing should be
addressed to adverse counsel or the prosecutor, and proof of service of the
motion upon the adverse party or prosecutor at least days prior to such
hearing. )his is mandatory.
11. R"m"d* o$ a##ri"."d part*
2?
REMEDI AL L AW ( CRI MI NAL PROCEDURE)
REVI EWER Pa r t 1
L a mb d a E p s i l o n i D V OR E ! C o l l " # " o $ L a %
Ahile an order granting a motion to quash, unli"e a denial thereof, is appealable,
as the proper remedy, this rule does not preclude the aggrieved party from filing
a special civil action of certiorari, as a substitute for the remedy of a lost appeal,
where there is a patent, capricious and whimsical exercise of discretion by a trial
judge or where an appeal will not promptly relieve the aggrieved party from the
injurious effect of the disputed order, as in the quashal of an information for
incomplete preliminary investigation.
Am"ndm"nt o$ )omplaint or in$ormation
1. !n information does not charge an offense if one or more of its essential elements
have not been alleged therein. )he amendment of the information to allege the
elementCsD not stated in the information is a material amendment, but the same can be
done because the accused has not been arraigned, nor can a dismissal of the
information on such ground put the accused twice in jeopardy.
2. ! good tactical move may require that the accused should first plead to the
information and thereafter file a motion to quash either before or after the prosecution
has presented its evidence. .ursuant to 'ec. : of %ule 11?, an accused, even after he
has entered his plea, may still move to quash the information on the ground that it does
not charge an offense. *f the case is dismissed on such ground, the prosecution may not
be permitted to correct the information because the accused has already pleaded and to
allow such amendment may place the accused twice in jeopardy.
!orm"r )on.i)tion or a)5(ittal@ do(bl" 1"opard*
1. Do(bl" 1"opard* %ill appl*222
Jwhen the complaint or information is dismissed by a court of competent
jurisdiction after the prosecution has presented its evidence even if the dismissal
is in the mista"en ground of lac" of jurisdiction.
Jeven if the dismissal is made with the express consent of the accused, or upon
his own motion, if it is predicated on insufficiency of the prosecution evidence or
denial of the right to a speedy trial. *n both instances, the dismissal has the
effect of acquittal.
2. Do(bl" 1"opard* %ill not appl*K
J in case of a conviction of a crime under a special law, which also constitutes
an offense under the %evised .enal ,ode.
*eason: the former is malum prohibitum, while the latter is malum in se.
1hus, it has been held that conviction for the crime of illegal recruitment
under the Eabor ,ode does not preclude punishment for the offense of estafa
under the %.,.
where 2 informations are filed charging the same accused with 2 different
elements, as in the issuance of bouncing chec" for estafa under the %., and
violation of $. 22.
where after trial of a charge of serious physical injuries, the municipal trial court
dismissed the case to give way to the filing of a complaint for frustrated murder,
as it believed that what was proved was frustrated murder, the dismissal was null
and void because the trial court should have rendered judgment based on the
charge alleged in the information and the evidence adduced during the trial.
'ince the dismissal was null and void, it did not place the accused twice in
jeopardy for the continuation of the proceedings for serious physical injuries.
where the accused has been sentenced to suffer a wrong penalty by the trial
court, the petition for certiorari filed by the prosecutor to correct the penalty which
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REMEDI AL L AW ( CRI MI NAL PROCEDURE)
REVI EWER Pa r t 1
L a mb d a E p s i l o n i D V OR E ! C o l l " # " o $ L a %
should be lower than that imposed does not place the accused twice in jeopardy
because it would shorten the penalty and is favorable to the accused.
where one case is administrative in nature and the other criminal. 0either does it
apply in preliminary investigations.
Pro.isional dismissal

1. Important>: ! trial court may not order a provisional dismissal of the case without the
express consent of the accused and prior notice to the offended party. )he trial court,
cannot, on its own, provisionally dismiss the case, nor can it dismiss it provisionally
without the express consent of the prosecutor.
2. Important>0 )he provisional dismissal of offenses punishable by imprisonment not
exceeding = years or a fine of any amount, or both, shall become permanent 1 year after
issuance of the order without the case having been revived. Aith respect to offenses
punishable by imprisonment of more than = years, their provisional dismissal shall
become permanent 2 years after issuance of the order without the case having been
revived.
!ail(r" to mo." to 5(as+ or to all"#" an* #ro(nd t+"r"$or
)he accused may still file a motion to dismiss the information based on the following
grounds even if he has already pleaded not guilty:
the information charges no offenseB
the trial court has no jurisdiction over the offense chargedB
the penalty or the offense has been extinguishedB and
double jeopardy has attached.
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