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CRIMINAL PROCEDURE b) a subsequent statutory amendment of the

rules of jurisdiction, UNLESS the


amendatory law provides otherwise.

Criminal Jurisdiction power of the State to try and


punish a person for a violation of its penal laws. RULE 110
PROSECUTION OF OFFENSES
REQUISITES FOR A VALID EXERCISE OF
CRIMINAL JURISDICTION: Section 1. Institution of criminal actions.

1. The offense, by virtue of the imposable penalty


OR its nature, is one which the court is by law Section 1. Institution of criminal actions.- Criminal
authorized to take cognizance of, (jurisdiction actions shall be instituted as follows:
over the SUBJECT MATTER).
(a) For offenses where a preliminary investigation is
2. The offense must have been committed within required pursuant to section 1 of Rule 112, by filing
its territorial jurisdiction, (jurisdiction over the the complaint with the proper officer for the purpose
TERRITORY). of conducting the requisite preliminary investigation.

3. The person charged with the offense must (b) For all other offenses, by filing the complaint or
have been brought to its presence for trial, information directly with the Municipal Trial Courts
forcibly by warrant of arrest or upon his and Municipal Circuit Trial Courts, or the complaint
voluntary submission to the court, (jurisdiction with the office of the prosecutor. In Manila and other
over the PERSON OF THE ACCUSED). chartered cities, the complaints shall be filed with the
office of the prosecutor unless otherwise provided in
JURISDICTION JURISDICTION their charters. The institution of the criminal action
OVER THE OVER THE shall interrupt the running of the period of prescription
SUBJECT MATTER PERSON OF THE of the offense charged unless otherwise provided in
ACCUSED special laws.

Derived from the May be acquired by


law. It can never be consent of the For offenses where a preliminary investigation is
acquired solely by accused or by waiver required - by filing the complaint with the proper officer
consent of the of objections. for the purpose of conducting the requisite preliminary
accused. investigation.

Preliminary investigation is REQUIRED for offenses


Objection that the If he fails to make his where the penalty prescribed by law is at least 4 years,
court has no objection in time, he 2 months and 1day without regard to fine (Rule 112,
jurisdiction of the will be deemed to Sec. 1 Par.2).
subject matter may have waived it.
be made at any For all other offenses - by filing the complaint or
stage of the information directly with the Municipal Trial Courts and
proceeding, and the Municipal Circuit Trial Courts, or the complaint with the
right to make such office of the prosecutor.
objection is never
waived. DOES NOT APPLY to offenses which are subject to
summary procedure.

DETERMINATION OF CRIMINAL JURISDICTION:


1. Determined by the allegations in the complaint Effect of institution of the criminal action:
or information not by the results of proof or by
the trial courts appreciation of the evidence It interrupts the running of the period of prescription of
presented. the offense charged unless otherwise provided by
special laws.

2. Determined by the law in force at the time of Remedies of the offended party if the prosecutor
the institution of the criminal action. ONCE refuses to file an information:
VESTED, IT CANNOT BE WITHDRAWN BY:
1. file an action for mandamus, in case of grave
a) subsequent valid amendment of the abuse of discretion;
information; or
2. lodge a new complaint before the court having
jurisdiction over the offense;
3. take up the matter with the Secretary of Justice
in accordance with the Rev. Administrative Section 3. Complaint defined.
Code;
4. institute an administrative charges against the
erring prosecutor; and Sec. 3. Complaint defined. - A complaint is a sworn
written statement charging a person with an offense,
5. file criminal action against the prosecutor with subscribed by the offended party, any peace officer,
the corresponding civil action for damages. or other public officer charged with the enforcement of
the law violated.
May Injunction Issue to Restrain Criminal
Prosecution?
A Complaint is:
GENERAL RULE: Criminal prosecutions may NOT be 1. a sworn written statement;
restrained or stayed by injunction, preliminary or final. 2. charging a person with an offense;
The reason being, public interest requires that criminal 3. subscribed by the offended party, any peace
acts be immediately investigated and prosecuted for officer or other public officer charged with the
the protection of the society (Domingo vs. enforcement of the law violated.
Sandiganbayan, 322 SCRA 655).
The complaint mentioned in this section refers to one
EXCEPTIONS: filed in court for the commencement of a criminal
1. To afford adequate protection to the constitutional prosecution for violation of a crime, usually cognizable
rights of the accused; by municipal trial courts as well as to a complaint filed
by an offended party in private crimes or those which
2. When necessary for the orderly administration of cannot be prosecuted de officio.
justice or to avoid oppression or multiplicity of
actions; REQUISITES OF A COMPLAINT:
1. it must be in writing and under oath;
3. When there is a prejudicial question which is 2. it must be in the name of the People of the
subjudice; Philippines;
3. it must charge a person with an offense; and
4. When the acts of the officer are without or in 4. it must be subscribed by the offended party, by
excess of authority; any peace officer or public officer charged with
the enforcement of the law violated.
5. When the prosecution is under an invalid law, PERSONS WHO CAN FILE A COMPLAINT
ordinance or regulation; 1. Offended party
2. Any peace officer
6. When double jeopardy is clearly apparent; 3. Other public officer charged with the
enforcement of the law violated
7. When the court had no jurisdiction over the ex. Internal Revenue Officer for violation of the
offense; NIRC, custom agents with respect to violations
of the Tariff and Customs Code
8. When it is a case of persecution rather than
prosecution; Section 4. Information defined.
9. When the charges are manifestly false and
motivated by lust for vengeance; and
Sec. 4. Information defined. - An information is an
10. When there is clearly no prima facie case against
accusation in writing charging a person with an
the accused and a motion to quash on that ground
offense, subscribed by the prosecutor and filed with
has been denied.
the court.
Section 2. Form of the complaint or information.

An Information is:
1. an accusation in writing;
Sec. 2. The complaint or information - The complaint
2. charging a person with an offense;
or information shall be in writing, in the name of the
3. subscribed by the prosecutor and filed with the
People of the Philippines and against all persons who
court.
appear to be responsible for the offense involved.
REQUISITES OF AN INFORMATION
1. it must be in writing;
FORM 2. it must charge a person with an offense;
1. In writing; 3. it must be subscribed by the fiscal; and
2. In the name of the People of the Philippines; 4. it must be filed in court.
and
3. Against all persons who appear to be COMPLAINT INFORMATION
responsible for the offense involved.
Subscribed by the Subscribed by the The offended party, even if a minor, has the right to
offended party, any fiscal initiate the prosecution of the offenses of seduction,
peace officer or (indispensable abduction and acts of lasciviousness independently of
other officer charged requirement) her parents, grandparents, or guardian, unless she is
with the incompetent or incapable of doing so. Where the
enforcement of the offended party, who is a minor, fails to file the
law violated complaint, her parents, grandparents, or guardian
it may be filed either it is filed with the may file the same. The right to file the action granted
in court or in the court to parents, grandparents, or guardian shall be
prosecutors office exclusive of all other persons and shall be exercised
successively in the order herein provided, except as
must be made under need not be under
stated in the preceding paragraph.
oath oath
No criminal action for defamation which consists in
Prosecution in the RTC are always commenced by the imputation of any of the offenses mentioned
information, EXCEPT: above shall be brought except at the instance of and
upon complaint filed by the offended party.
1. in certain crimes against chastity
(concubinage, adultery, seduction, abduction, The prosecution for violation of special laws shall be
acts of lasciviousness); and governed by the provision thereof.

2. defamations imputing any of the aforesaid


offenses wherein a sworn written complaint is FULL DISCRETION AND CONTROL OF THE
required in accordance with section 5 of this PROSECUTOR
Rule.
All criminal actions commenced by a complaint or
information shall be prosecuted under the direction and
Section 5. Who must prosecute criminal actions. control of the prosecutor.

A PRIVATE PROSECUTOR may be authorized to


Section 5, Rule 110 of the Revised Rules of Criminal prosecute a criminal action subject to the following
Procedure which provides: "Section 5. Who must conditions:
prosecute criminal action. - All criminal actions either
commenced by complaint or by information shall be 1. the public prosecutor has a heavy work
prosecuted under the direction and control of a public schedule, or there is no public prosecutor
prosecutor. In case of heavy work schedule of the assigned in the province or city;
public prosecutor or in the event of lack of public
prosecutors, the private prosecutor may be 2. the private prosecutor is authorized IN
authorized in writing by the Chief of the Prosecution WRITING by the Regional State Prosecutor
Office or the Regional State Prosecutor to prosecute (RSP), Provincial or City Prosecutor;
the case subject to the approval of the court. Once so
authorized to prosecute the criminal action, the 3. the authority of the private prosecutor must be
private prosecutor shall continue to prosecute the approved by the court;
case up to end of the trial even in the absence of a
public prosecutor, unless the authority is revoked or 4. the private prosecutor shall continue to
otherwise withdrawn. prosecute the case until the end of the trial
The crimes of adultery and concubinage shall not be unless the authority is withdrawn or otherwise
prosecuted except upon a complaint filed by the revoked by the RSP, Provincial or City
offended spouse. The offended party cannot institute Prosecutor; and
criminal prosecution without including the guilty
parties, if both are alive, nor, in any case, if the 5. In case of the withdrawal or revocation of the
offended party has consented to the offense or authority of the private prosecutor, the same
pardoned the offenders. must be approved by court.
(Memo Circ. No. 25, April 26, 2002, Regarding
The offenses of seduction, abduction and acts of Amendment to Sec. 5, Rule 110)
lasciviousness shall not be prosecuted upon a
complaint filed by the offended party of her parents, In appeals before the CA and the SC, it is only the
grandparents or guardian, nor, in any case, if the Solicitor General that is authorized to bring and defend
offender has been expressly pardoned by any of actions in behalf of the People of the Philippines
them. If the offended party dies or becomes (People vs. Nano, 205 SCRA 155).
incapacitated before she can file the complaint, and
she has no known parents, grandparents or guardian, In all cases elevated to the Sandiganbayan and from
the State shall initiate the criminal action in her the Sandiganbayan to the SC, the Office of the
behalf.
Ombudsman, through its Special Prosecutor shall
represent the People of the Philippines, EXCEPT in
cases filed pursuant to E.O. Nos. 1, 2, 14 and 14-A, PARDON vs. CONSENT
issued in 1986 (Sec. 4, RA 8249). Consent refers to future acts, while pardon refers to
past acts of adultery. The importance of this distinction
PROSECUTION OF CRIMES AGAINST CHASTITY is that consent, in order to absolve the accused from
liability, is sufficient even if granted only to the
WHO MAY PROSECUTE offending spouse, whereas pardon must be extended
to both offenders
1. Concubinage and adultery only by the offended
spouse who should have the status, capacity, and The SUBSEQUENT MARRIAGE between the offended
legal representation at the time of filing of the party and the accused extinguishes the criminal liability
complaint, regardless of age; of the latter, together with that of the co-principals,
accomplices and accessories.
2. Seduction, Abduction and Acts of
Lasciviousness prosecuted exclusively and EXCEPT:
successively by the following persons in this order: 1. where the marriage was invalid or contracted
a) by the offended woman in bad faith in order to escape criminal liability,
2. in private libel
b) by the parents, grandparents or legal/judicial 3. in multiple rape, insofar as the other accused
guardians in that successive order in the other acts of rape respectively
committed by them are concerned.
c) by the State in the exercise of the right of
parens patriae, when the offended party dies The ACQUITTAL OR DEATH of one of the accused
or becomes incapacitated before she could file in the crime of adultery does not bar the prosecution of
the complaint and she has no known parents, the other accused (People vs. Topio, et al., 35 Phil.
grandparents or guardian. 901). HOWEVER, the death of the offended spouse
before the filing of the complaint for adultery bars
3. A defamation imputing to a person any of the further prosecution, BUT if the offended spouse died
foregoing crimes of concubinage, adultery, after the filing of the corresponding complaint, his
seduction, abduction, rape or acts of death will NOT prevent the proceeding from continuing
lasciviousness can be prosecuted only by the party to its ultimate conclusion.
or parties defamed (Article 360, last par., Revised
Penal Code). DESISTANCE of complainant does not bar criminal
prosecution but it operates as waiver of the right to
If the offended party is of legal age AND does not pursue civil indemnity.
suffer from physical or mental disability, she alone can
file the complaint to the exclusion of all others. Section 6. Sufficiency of complaint or information.

WHO CAN GIVE PARDON:


1. Concubinage and adultery - only the offended Sec. 6. Sufficiency of complaint or information. - A
spouse, not otherwise incapacitated, can validly complaint or information is sufficient if it states the
extend the pardon or consent contemplated name of the accused; the designation of the offense
therein. given by the statute; the acts or omissions
complained of as constituting the offense; the name
2. Seduction, abduction, and acts of of the offended party; the approximate date of the
lasciviousness commission of the offense; and the place where the
a) the offended minor, if with sufficient discretion, offense was committed. When an offense is
can validly pardon the accused by herself if committed by more than one person, all of them shall
she has no parents or where the accused is be included in the complaint or information.
her own father and her mother is dead;

b) the parents, grandparents or guardian of the CONTENTS OF A VALID COMPLAINT OR


offended minor, in that order, CANNOT extend INFORMATION
a valid pardon in said crimes WITHOUT the
conformity of the offended party, even if the 1. Name of the accused, including any
latter is a minor; appellation or nickname
An error in the name of the accused is not
c) if the offended woman is of age and not reversible as long as his identity is sufficiently
otherwise incapacitated, only she can extend a established and this defect is curable at any
valid pardon. stage of the proceedings as the insertion of the
real name of the accused is merely a matter of
The pardon refers to pardon BEFORE filing of the form.
criminal complaint in court. Pardon effected after the
filing of the complaint in court does NOT prohibit the 2. The designation of the offense
continuance of the prosecution of the offense EXCEPT
in case of marriage between the offender and the
offended party.
3. The acts or omissions complained of as 2. The statement of the acts or omissions
constituting the offense constituting the offense, in ordinary, concise
and particular words.
4. The name of the offended party 3. The specific qualifying and aggravating
circumstances must be stated in ordinary and
5. The approximate time of the commission of the concise language.
offense
The qualifying and aggravating circumstances cannot
6. The place wherein the offense was committed be appreciated even if proved UNLESS alleged in the
information.
PURPOSE OF THE RULE:
In case of allegation of aggravating circumstance of
1. To inform the accused of the nature and cause HABITUAL DELINQUENCY, it should not be generally
of accusation against him. averred. The information must specify the requisite
data regarding:
2. To notify the defendant of the criminal acts 1. the commission of the crimes;
imputed to him so that he can duly prepare his 2. the last conviction or release;
defense. 3. the other previous conviction or release of the
accused.
Substantial defect in the information cannot be cured
by evidence that would jeopardize the accuseds right ALLEGATIONS PREVAIL OVER DESIGNATION OF
to be informed of the true nature of the offense he is THE OFFENSE IN THE INFORMATION
being charged with
It is not the designation of the offense in the complaint
Section 7. Name of the accused. or information that is controlling (People vs. Samillano,
56 SCRA 573); the facts alleged therein and not its title
determine the nature of the crime (People vs.
Sec. 7. Name of the accused. - The complaint or Magdowa, 73 Phil. 512).
information must state the name and surname of the
accused or any appellation or nickname by which he The accused may be convicted of a crime more
has been or is known. If his name cannot be serious than that named in the title or preliminary part if
ascertained, he must be described under a fictitious such crime is covered by the facts alleged in the body
name with a statement that his true name is of the information and its commission is established by
unknown. If the true name of the accused is evidence (Buhat vs. Court of Appeals, 265 SCRA 701).
thereafter disclosed by him or appears in some other
manner to the court, such true name shall be inserted Limitation on the rule that an accused may be
in the complaint or information and record. convicted of a crime which is more serious than that
named in the title so long as the facts alleged the more
serious offense:
PURPOSE
The manifest intent of the provision is to make a An accused could not be convicted under one act
specific identification of the person to whom the when he is charged with a violation of another if the
commission of an offense is being imputed. change from one statute to the other involves:
a) a change in the theory of the trial;
b) requires of the defendant a different defense;
Section 8. Designation of the offense. or
c) surprises the accused in any way (U.S. vs.
Panlilio, 28 Phil. 603)
.
Sec. 8. Designation of the offense. - The complaint or
Section 9. Cause of the accusation.
information shall state the designation of the offense
given by the statute, aver the acts or omissions
constituting the offense, and specify its qualifying and
aggravating circumstances. If there is no designation of Sec. 9. Cause of the accusation. - The acts or
the offense, reference shall be made to the section or omissions complained of as constituting the offense
subsection of the statute punishing it. and the qualifying and aggravating circumstances must
be stated in ordinary and concise language and not
necessarily in the language used in the statute but in
terms sufficient to enable a person of common
understanding to know what offense is being charged
The information or complaint must state or designate
as well as its qualifying and aggravating circumstance
the following whenever possible:
and for the court to pronounce judgment.
1. The designation of the offense given by the
statute.
PURPOSE EXCEPTION:
1. to enable the court to pronounce proper
judgment; If the PLACE/DATE of the commission of the offense
2. to furnish the accused with such a description constitutes an essential element of the offense.
of the charge as to enable him to make a
defense; Section 12. Name of the offended party
3. as a protection against further prosecution for
the same cause.
Sec. 12. Name of the offended party. - The complaint or
RULE ON NEGATIVE AVERMENTS information must state the name and surname of the
GENERAL RULE: person against whom or against whose property the
offense was committed, or any appellation or nickname
Where the statute penalizes generally the acts therein by which such person has been or is known. If there is
defined and is intended to apply to all persons no better way of identifying him, he must be described
indiscriminately, the information is sufficient even if under a fictitious name.
does not allege that the accused falls within the
excepted situation, for then the complete definition of (a) In offenses against property, if the name of the
the offense is entirely separable from the exceptions offended party is unknown, the property must be
and can be made without reference to the latter. In this described with such particularity as to properly identify
case, the exception is a matter of defense which the the offense charged.
accused has to prove.
(b) If the true name of the person against whom or
EXCEPTION: Where the statute alleged to have been against whose property the offense was committed is
violated applies only to a specific class of persons and thereafter disclosed or ascertained, the court must
to special conditions, the information must allege facts cause such true name to be inserted in the complaint or
establishing that the accused falls within the specific information and the record.
class affected and not those affected from the
coverage of law. Where negative averment is an (c) If the offended party is a juridical person, it is
essential element of the crime, it must be proved. sufficient to state its name, or any name or designation
by which it is known or by which it may be identified,
without need of averring that it is a juridical person or
Section 10. Place of commission of the offense that it is organized in accordance with law.

Sec. 10. Place of commission of the offense. - The GENERAL RULE: The offended party must be
complaint or information is sufficient if it can be designated by name, nickname, any other appellation
understood from its allegations that the offense was or by fictitious name.
committed or some of its essential ingredients occurred
at some place within the jurisdiction of the court, unless EXCEPTION: In crimes against property, the
the particular place where it was committed constitutes description of the property must supplement the
an essential element of the offense charged or is allegation that the owner is unknown.
necessary for its identification.
Section 13. Duplicity of offense.

PURPOSE: To show territorial jurisdiction. Sec. 13. Duplicity of the offense. - A complaint or
information must charge only one offense, except when
Section 11. Date of commission of the offense the law prescribes a single punishment for various
offenses.

Sec. 11. Date of commission of the offense. - It is not


necessary to state in the complaint or information the There is duplicity when the complaint or information
precise date the offense was committed except when it charges 2 or more DISTINCT or DIFFERENT offenses.
is a material ingredient of the offense. The offense may
be alleged to have been committed on a date as near GENERAL RULE: A complaint or information must
as possible to the actual date of its commission. charge only one offense.

EXCEPTIONS:
GENERAL RULE: 1. Complex crimes
2. Special Complex crimes
It is NOT required that the complaint or information 3. Continuous crimes or delicto continuado
state with particularity the PLACE where the crime was 4. Crimes of which another offense is an
committed and the DATE of the commission of the ingredient
crime.
Should there be duplicity of offense in the information, the proper offense, the court shall dismiss the original
the accused must move for the quashal of the same complaint or information upon the filing of a new one
BEFORE arraignment, otherwise, he is deemed to charging the proper offense, provided the accused
have waived the objection and maybe found guilty of shall not be placed in double jeopardy.
as many offenses as those charged and proved during
the trial. Limitation to the rule on substitution:
1. No judgment has yet been rendered.
Section. 14. Amendment or substitution. 2. The accused cannot be convicted of the
offense charged or of any other offense
necessarily included therein.
Sec. 14. Amendment or substitution. - A complaint or 3. The accused would not be placed in double
information may be amended, in form or in substance, jeopardy.
without leave of court and when it can be done without
causing prejudice to the rights of the accused.
SUBSTITUTION OF
However, any amendment before plea, which AMENDMENT INFORMATION OR
downgrades the nature of the offense charged in or COMPLAINT
excludes any accused from the complaint or
information, can be made only upon motion by the May involve either Involves substantial
prosecutor, with notice to the offended party and with formal or substantial change from the
leave of court. The court shall state its reasons in changes original charge
resolving the motion and copies of its order shall be
furnished all parties, especially the offended party.
Amendment before the Substitution of
If it appears at anytime before judgment that a mistake plea has been entered information must be
has been made in charging the proper offense, the can be effected with leave of court as
court shall dismiss the original complaint or information without leave of court. the original
upon the filing of a new one charging the proper information has to be
offense in accordance with section 19, Rule 119, dismissed.
provided the accused shall not be placed in double
jeopardy. The court may require the witnesses to give
bail for their appearance at the trial.
Amendment is only as Another preliminary
to form, there is no investigation is
need for another entailed and the
KINDS OF AMENDMENT: preliminary accused has to plead
investigation and the anew to the new
1. BEFORE THE PLEA covers both substantial retaking of the plea of information
and formal amendment, WITHOUT leave of the accused.
court.

2. AFTER THE PLEA covers only formal


An amended Requires or
amendment provided:
information refers to presupposes that the
the same offense new information
a) leave of court is obtained
charged in the original involves a different
information or to an offense which does
b) such amendment is not prejudicial to the
offense which not include or is not
rights of the accused.
necessarily includes or necessarily included
is necessarily included in the original charge,
EXCEPT when a fact supervenes which
in the original charge, hence the accused
changes the nature of the crime charged in the
hence substantial cannot claim double
information or upgrades it to a higher crime, in
amendments to the jeopardy.
which case, there is a need for another
information after the
arraignment of the accused under the
plea has been taken
amended information.
cannot be made over
the objection of the
An amendment is only in form where it neither affects
accused, for if the
nor alters the nature of the offense charged OR where
original information
the charge does not deprive the accused of a fair
would be withdrawn,
opportunity to present his defense OR where it does
the accused could
not involve a change in the basic theory of the
invoke double
prosecution.
jeopardy.
Substitution If it appears at anytime before
judgment that a mistake has been made in charging
VARIANCE BETWEEN INDICTMENT AND PROOF GENERAL RULE: Subject to existing laws, in all
(Situations Contemplated) criminal prosecutions, the action must be instituted and
tried in the courts of the municipality or territory where
1. When the offense proved is less serious than, the offense was committed or any of its essential
and is necessarily included in, the offense ingredients occurred.
charged, in which case the defendant shall be
convicted of the offense proved. EXCEPTIONS TO THE RULE OF VENUE:

2. When the offense proved is more serious than 1. Felonies under Art. 2 of the Revised Penal
and includes the offense charged, in which Code
case the defendant shall be convicted of the
offense charged. Shall be cognizable by the proper court
where the criminal action was first filed.
3. When the offense proved is neither included in,
nor does it include, the offense charged and is 2. Complex Crimes
different therefrom, in which case the court
should dismiss the action and order the filing of Where the crime charged is a complex
a new information charging the proper offense. crime, the RTC of any province in which
any one of the essential elements of such
The third situation set forth above is substitution of complex crime had been committed has
information under Section 14, Rule 110. jurisdiction to take cognizance of the
offense.
Section 15. Place where action is to be instituted.
3. Continuing Offense - is one where the
elements of which occur in several places,
Sec. 15. Place where action is to be instituted. (unlike a LOCAL OFFENSE - one which is fully
consummated in one place)
(a) Subject to existing laws, the criminal action shall be
instituted and tried in the court of the municipality or The venue is in the place where one of its
territory where the offense was committed or where any essential elements was consummated.
of its essential ingredients occurred.
4. Piracy The venue of piracy, unlike all other
(b) Where an offense is committed in a train, aircraft, or crimes, has no territorial limits.
other public or private vehicle in the course of its trip,
the criminal action shall be instituted and tried in the 5. Libel The action may be instituted at the
court of any municipality or territory where such train, election of the offended or suing party in the
aircraft, or other vehicle passed during its trip, including province or city:
the place of its departure and arrival.
a) where the libelous article is printed and
(c) Where an offense is committed on board a vessel in first published;
the course of its voyage, the criminal action shall be b) if one of the offended parties is a private
instituted and tried in the court of the first port of entry individual, where said private individual
or of any municipality or territory where the vessel actually resides at the time of the
passed during such voyage, subject to the generally commission of the offense;
accepted principles of international law. c) if the offended party is a public official,
where the latter holds office at the time of
(d) Crimes committed outside the Philippines but the commission of the offense.
punishable under Article 2 of the Revised Penal Code
shall be cognizable by the court where the criminal 6. In exceptional circumstances to ensure a fair
action is first filed. trial and impartial inquiry. The SC shall have
the power to order a change of venue or place
of trial to avoid miscarriage of justice (Section
PURPOSE: The purpose being not to compel the 5[4], Article VIII, 1987 Constitution).
defendant to move to, and appear in a different court
from that of the territory where the crime was Section 16. Intervention of the offended party in
committed, as it would cause him great inconvenience criminal action.
in looking for his witnesses and other evidence in
another place (Beltran vs. Ramos, 96 Phil. 149).
Sec. 16. Intervention of the offended party in criminal
VENUE IS JURISDICTIONAL action. - Where the civil action for recovery of civil
Venue is jurisdictional as the court has no jurisdiction liability is instituted in the criminal action pursuant to
to try an offense committed outside its territorial Rule 111, the offended party may intervene by counsel
jurisdiction. It cannot be waived, or changed by in the prosecution of the offense.
agreement of the parties, or by the consent of the
defendant.
GENERAL RULE: Offended party has the right to Upon filing of the aforesaid joint criminal and civil
intervene by counsel in the prosecution of the criminal actions, the offended party shall pay in full the filing
action, where the civil action for recovery of civil liability fees based on the amount of the check involved, which
is instituted in the criminal action pursuant to Rule 111. shall be considered as the actual damages claimed.
Where the complaint or information also seeks to
EXCEPTIONS: recover liquidated, moral, nominal, temperate or
exemplary damages, the offended party shall pay
1. Where from the nature of the crime and the additional filing fees based on the amounts alleged
law defining and punishing it, NO civil liability therein. If the amounts are not so alleged but any of
arises in favor of the offended party; and these damages are subsequently awarded by the court,
the filing fees based on the amount awarded shall
2. Where the offended party has waived his right constitute a first lien on the judgment.
to civil indemnity OR has expressly reserved
his right to institute a civil action OR has Where the civil action has been filed separately and
already instituted said action. trial thereof has not yet commenced, it may be
consolidated with the criminal action upon application
with the court trying the latter case. If the application is
---===oOo===--- granted, the trial of both actions shall proceed in
accordance with section 2 of this Rule governing
consolidation of the civil and criminal actions.
RULE 111
PROSECUTION OF CIVIL ACTIONS
GENERAL RULE:
Section 1. Institution of criminal and civil actions. When a criminal action is instituted, the civil action for
the recovery of civil liability arising from the offense
shall be deemed instituted with the criminal action.
Section 1. Institution of criminal and civil actions.
(a) When a criminal action is instituted, the civil action EXCEPTIONS:
for the recovery of civil liability arising from the offense 1. when the offended party WAIVES the civil
charged shall be deemed instituted with the criminal action
action unless the offended party waives the civil action,
reserves the right to institute it separately or institutes 2. when the offended party RESERVES his right
the civil action prior to the criminal action. to institute a separate civil action

The reservation of the right to institute separately the 3. when offended party INSTITUTES A CIVIL
civil action shall be made before the prosecution starts ACTION PRIOR to the criminal action.
presenting its evidence and under circumstances
affording the offended party a reasonable opportunity to WHEN RESERVATION SHALL BE MADE
make such reservation.
1. before the prosecution starts to present its
When the offended party seeks to enforce civil liability evidence and
against the accused by way of moral, nominal,
temperate, or exemplary damages without specifying 2. under circumstances affording the offended
the amount thereof in the complaint or information, the party to a reasonable opportunity to make such
filing fees therefore shall constitute a first lien on the reservation.
judgment awarding such damages.
ONLY the civil liability arising from the crime
Where the amount of damages, other than actual, is charged as a felony is now deemed instituted. Civil
specified in the complaint or information, the liability arising from other sources of obligations are no
corresponding filing fees shall be paid by the offended longer deemed instituted like those under Article 32,
party upon the filing thereof in court. 33, 34 and 2176 of the Civil Code which can be
prosecuted even without reservation.
Except as otherwise provided in these Rules, no filing
fees shall be required for actual damages. In BP 22 cases, no reservation to file the civil action
separately shall be allowed.
No counterclaim, cross-claim or third-party complaint RULES ON FILING FEES OF CIVIL ACTION
may be filed by the accused in the criminal case, but DEEMED INSTITUTED WITH THE CRIMINAL
any cause of action which could have been the subject ACTION
thereof may be litigated in a separate civil action. 1. NO filing fees are required for amounts of
ACTUAL DAMAGES, EXCEPT with respect to
(b) The criminal action for violation of Batas Pambansa criminal actions for violation of BP 22, in which
Blg. 22 shall be deemed to include the corresponding case, the offended party shall pay in full the
civil action. No reservation to file such civil action filing fees based on the face value of the check
separately shall be allowed. as the actual damages;
2. Damages other than actual (moral, exemplary instituted until final judgment has been
and other damages) if specified in the rendered in the criminal action.
complaint or information, the corresponding
filing fees shall be paid, otherwise the court will 2. If the civil action is instituted BEFORE the filing
not acquire jurisdiction over such damages; of the criminal action and the criminal action is
subsequently commenced, the pending civil
3. Where moral, exemplary and other damages action shall be suspended until final judgment
are NOT specified in the complaint or in the criminal action has been rendered.
information, the grant and amount thereof are
left to the sound discretion of the trial court, the EXCEPTIONS:
corresponding filing fees need not be paid and a) In cases of independent civil actions based
shall simply constitute a first lien on the upon Arts. 32, 33, 34 and 2176 of the Civil
judgment. Code;
b) In cases where the civil action presents a
Counterclaims, cross-claims, third party complaints prejudicial question;
are no longer allowed in a criminal proceeding. Any c) In cases where the civil action is consolidated
claim which could have been the subject thereof may with the criminal action; and
be litigated in a separate civil action. d) Where the civil action is not one intended to
enforce the civil liability arising from the
Section 2. When separate civil action is offense.
suspended.
ACQUITTAL IN A CRIMINAL CASE DOES NOT BAR
THE FILING OF THE CIVIL CASE WHERE:
Sec. 2. When separate civil action is suspended. - After 1. the acquittal is based on reasonable doubt, if
the criminal action has been commenced, the separate the civil case has been reserved
civil action arising therefrom cannot be instituted until 2. the decision contains a declaration that the
final judgment has been entered in the criminal action. liability of the accused is not criminal but only
civil in nature and
If the criminal action is filed after the said civil action 3. the civil liability is not derived from or based on
has already been instituted, the latter shall be the criminal act of which the accused is
suspended in whatever state it may be found before acquitted (Sapiera vs. Court of Appeals, 314
judgment on the merits. The suspension shall last until SCRA 370).
final judgment is rendered in the criminal action.
Nevertheless, before judgment on the merits rendered Extinction of the penal action does not carry with it
in the civil action, the same may, upon motion of the the extinction of the civil action, UNLESS the extinction
offended party, be consolidated with the criminal action proceeds from a declaration in a final judgment that the
in the court trying the criminal action. In case of fact from which the civil liability might arise did not
consolidation, the evidence already adduced in the civil exist.
action shall be deemed automatically reproduced in the
criminal action without prejudice to the right of the The extinction of the civil liability refers exclusively
prosecution to cross-examine the witness presented by to civil liability arising from crime; whereas, the civil
the offended party in the criminal case and of the liability for the same act considered as a quasi-delict is
parties to present additional evidence. The not extinguished even by a declaration in the criminal
consolidated criminal and civil actions shall be tried and case that the criminal act charged has not happened or
decided jointly. has not been committed by the accused.

During the pendency of the criminal action, the running Where the criminal case was dismissed before trial
period of prescription of the civil action which cannot be because the offended party executed an affidavit of
instituted separately or whose proceeding has been desistance, the civil action thereof is similarly
suspended shall be tolled. dismissed.

The extinction of the penal action does not carry with it Section 3. When civil action may proceed
extinction of the civil action. However, the civil action independently.
based on delict shall be deemed extinguished if there is
a finding in a final judgment in the criminal action that
the act or omission from which the civil liability may Sec. 3. When civil action may proceed independently. -
arise did not exist. In the cases provided in Articles 32, 33, 34 and 2176 of
the Civil Code of the Philippines, the independent civil
action may be brought by the offended party. It shall
proceed independently of the criminal action and shall
PRIMACY OF CRIMINAL ACTION OVER CIVIL require only a preponderance of evidence. In no case,
ACTION however, may the offended party recover damages
1. After the filing of the criminal action, the civil twice for the same act or omission charged in the
action which has been reserved CANNOT be criminal action.
The institution of an independent civil action against
the offender under Articles 32, 33, 34 and 2176 of the
Civil Code may proceed independently of the criminal Sec. 7. Elements of prejudicial question. - The
case and at the same time without suspension of either elements of a prejudicial questions are: (a) the
proceeding. previously instituted civil action involves an issue
similar or intimately related to the issue raised in the
Recovery of civil liability under Articles 32, 33, 34 subsequent criminal action, and (b) the resolution of
and 2176 of the Civil Code arising from the same act or such issue determines whether or not the criminal
omission may be prosecuted separately even without a action may proceed.
reservation. The reservation and waiver herein refers
only to the civil action for the recovery of civil liability
arising from the offense charged (DMPI Employees Prejudicial Question - that which arises in a case, the
Credit Coop vs. Velez, G.R. No. 129282, Nov. 29, resolution of which is the logical antecedent of the
2001). issue involved therein, and the cognizance of which
pertains to another tribunal. It must be determinative of
PURPOSE the case before the court but the jurisdiction to try and
resolve the question must be lodged in another court or
To prevent the offended party from recovering tribunal.
damages twice for the same act or omission.
Rationale: to avoid two conflicting decisions.
Section 4. Effect of death on civil actions.
ELEMENTS OF A PREJUDICIAL QUESTION
1. The civil action must be instituted prior to the
Sec. 4. Effect of death on civil actions. - The death of criminal action.
the accused after arraignment and during the pendency 2. The civil action involves an issue similar or
of the criminal action shall extinguish the civil liability intimately related to the issue raised in the
arising from the delict. However, the independent civil criminal action.
action instituted under section 3 of this Rule or which 3. The resolution of such issue determines
thereafter is instituted to enforce liability arising from whether or not the criminal action may
other sources of obligation may be continued against proceed.
the estate or legal representative of the accused after
proper substitution or against said estate, as the case WHERE TO FILE PETITION FOR SUSPENSION BY
may be. The heirs of the accused may be substituted REASON OF PREJUDICIAL QUESTION
for the deceased without requiring the appointment of 1. Office of the prosecutor; or
an executor or administrator and the court may appoint 2. court conducting the preliminary investigation;
a guardian ad litem for the minor heirs. The court shall or
forthwith order said legal representative or 3. court where the criminal action has been filed
representatives to appear and be substituted within a for trial at any time before the prosecution
period of thirty (30) days from notice. A final judgment rests.
entered in favor of the offended party shall be enforced
in the manner especially provided in these rules for
prosecuting claims against the estate of the RULE 112
deceased.chan robles virtual law library If the accused PRELIMINARY INVESTIGATION
dies before arraignment, the case shall be dismissed
without prejudice to any civil action the offended party Section 1. Preliminary Investigation defined; when
may file against the estate of the deceased. required.

AFTER arraignment and during the pendency of the Section 1. Preliminary investigation defined; when
criminal action - extinguishes the civil liability arising required. - Preliminary investigation is an inquiry or
from the delict. proceeding to determine whether there is sufficient
ground to engender a wellfounded belief that a crime
BEFORE arraignment - the case shall be DSMISSED has been committed and the respondent is probably
without prejudice to any civil action the offended party guilty thereof, and should be held for trial. Except as
may file against the estate of the deceased. provided in Section 7 of this Rule, a preliminary
investigation is required to be conducted before the
However, the independent civil action instituted filing of a compliant or information for an offense where
under Section 3 of this Rule or which thereafter is the penalty prescribed by law is at least four (4) years,
instituted to enforce liability arising from other sources two (2) months and one (1) day without regard to the
of obligation may be continued against the estate or fine.
legal representative of the accused after proper
substitution or against said estate, as the case may be.

Preliminary Investigation - is an inquiry or


Section 7. Elements of prejudicial question. proceeding to determine whether there exists sufficient
ground to engender a well-founded belief that a crime
has been committed and that the respondent is
probably guilty thereof, and should be held for trial. Section 2. Officers authorized to conduct
(Sec. 1, Rule 112) preliminary investigation.

Preliminary Investigation is required to be conducted


BEFORE the filing of a complaint or information for an Sec. 2. Officers authorized to conduct preliminary
offense where the penalty prescribed by law is at least investigations. - The following may conduct preliminary
4 years, 2 months and 1 day without regard to the fine. investigations:

There is NO right of preliminary investigation under (a) Provincial or City Prosecutors and their assistants;
Section 7, Rule 112 when a person is LAWFULLY
arrested unless there is a waiver of the provisions of (b) Judges of the Municipal Trial Courts and Municipal
Article 125 of the Revised Penal Code. Circuit Trial Courts;

HOWEVER, the accused can ask for Preliminary (c) National and Regional State Prosecutors; and
Investigation in the following cases:
(d) Other officers as may be authorized by law.
1. if a person is arrested, he can ask for
preliminary investigation BEFORE the filing of Their authority to conduct preliminary investigations
the complaint/information BUT he must sign a shall include all crimes cognizable by the proper court
waiver in accordance with Article 125, RPC. in their respective territorial jurisdictions.

2. AFTER the filing of the information/complaint,


the accused may, within 5 days from the time
he learns of its filing ask for preliminary PERSONS AUTHORIZED TO CONDUCT A
investigation. PRELIMINARY INVESTIGATION
1. Provincial or city fiscal and their assistants
PURPOSES 2. Judges of the MTC and MCTC
1. to determine whether a crime has been 3. National and regional state prosecutors
committed and whether there is probable 4. Such other officers as may be authorized by
cause to believe that the accused is guilty law such as: the COMELEC, Ombudsman and
thereof; PCGG
2. to preserve evidence and keep the witnesses
within the control of the State;
3. to determine the amount of bail, if the offense Section 3. Procedure
is bailable.

PRELIMINARY INVESTIGATION: PERSONAL


STATUTORY RIGHT Sec. 3. Procedure.- The preliminary investigation shall
be conducted in the following manner:
The right to preliminary investigation is a personal right
covered by statute and may be waived expressly or by (a) The complaint shall state the address of the
implication. respondent and shall be accompanied by the affidavits
of the complainant and his witnesses, as well as other
Absence of preliminary investigation does not affect supporting documents to establish probable cause.
the jurisdiction of the court or invalidate the information They shall be in such number of copies as there are
if no objection was raised by the accused. respondents, plus two (2) copies for the official file. The
affidavits shall be subscribed and sworn to before any
REMEDIES OF THE ACCUSED IF THERE WAS NO prosecutor or government official authorized to
PRELIMINARY INVESTIGATION administer oath, or, in their absence or unavailability,
1. Refuse to enter a plea upon arraignment and before a notary public, each of whom must certify that
object to further proceedings upon such he personally examined the affiants and that he is
ground satisfied that they voluntarily executed and understood
2. Insist on a preliminary investigation their affidavits.
3. File a certiorari, if refused
4. Raise lack of preliminary investigation as error (b) Within ten (10) days after the filing of the complaint,
on appeal the investigating officer shall either dismiss it if he finds
5. File for prohibition no ground to continue with the investigation, or issue a
subpoena to the respondent attaching to it a copy of the
As preliminary investigation is NOT a part of the trial, complaint and its supporting affidavits and documents.
the dismissal of the case by the investigator will not
constitute double jeopardy and will not bar the filing of The respondent shall have the right to examine the
another complaint for the same offense, but if re-filed, evidence submitted by the complainant which he may
the accused is entitled to another preliminary not have been furnished and to copy them at his
investigation (U.S. vs. Marfori, 35 Phil. 666). expense. If the evidence is voluminous, the
complainant may be required to specify those which he
intends to present against the respondent, and these
shall be made available for examination or copying by
the respondent at his expense.

Objects as evidence need not be furnished a party but


shall be made available for examination, copying, or
photographing at the expense of the requesting party.

(c) Within ten (10) days from receipt of the subpoena


with the complaint and supporting affidavits and
documents, the respondent shall submit his counter-
affidavit and that of his witnesses and other supporting
documents relied upon for his defense. The counter-
affidavits shall be subscribed and sworn to and certified
as provided in paragraph (a) of this section, with copies
thereof furnished by him to the complainant. The
respondent shall not be allowed to file a motion to
dismiss in lieu of a counter-affidavit.

(d) If the respondent cannot be subpoenaed, or if


subpoenaed, does not submit counter-affidavits within
the ten (10) day period, the investigating office shall
resolve the complaint based on the evidence presented
by the complainant.
If respondent cannot be subpoenaed, or if subpoenaed
(e) The investigating officer may set a hearing if there but does not submit his counter-affidavit within 10
are facts and issues to be clarified from a party or a days, investigating officer shall resolve the complaint
witness. The parties can be present at the hearing but based on the evidence presented by the complainant.
without the right to examine or cross-examine. They
may, however, submit to the investigating officer RIGHTS OF RESPONDENT IN A PRELIMINARY
questions which may be asked to the party or witness INVESTIGATION
concerned. The hearing shall be held within ten (10)
days from submission of the counter-affidavits and 1. to submit counter-affidavits
other documents or from the expiration of the period for 2. to examine evidence submitted by the
their submission. It shall be terminated within five (5) complainant
days. 3. to be present in the clarificatory hearing.

(f) Within ten (10) days after the investigation, the The Rules do not require the presence of the
investigating officer shall determine whether or not respondent in the Preliminary Investigation, what is
there is sufficient ground to hold the respondent for required is that he be given the opportunity to
trial. controvert the evidence of the complainant by
submitting counter-affidavits.

Section 4. Resolution of investigating prosecutor


and its review.

Filing of the complaint


accompanied by the affidavits
and supporting documents. Sec. 4. Resolution of investigating prosecutor and its
review. - If the investigating prosecutor finds cause to
hold the respondent for trial, he shall prepare the
resolution and information. He shall certify under oath
Within 10 days after the filing, the in the information that he, or as shown by the record,
investigating officer shall either
an authorized officer, has personally examined the
dismiss or issue subpoena.
complainant and his witnesses; that there is reasonable
ground to believe that a crime has been committed and
If subpoena is issued, that the accused is probably guilty thereof; that the
respondent shall submit a accused was informed of the complaint and of the
counter-affidavit and other evidence submitted against him; and that he was given
supporting documents within 10 an opportunity to submit controverting evidence.
days from receipt thereof. Otherwise, he shall recommend the dismissal of the
complaint.

Hearing (optional). It shall be held Within five (5) days from his resolution, he shall forward
within 10 days from submission of the record of the case to the provincial or city
counter-affidavits or from the
expiration of the period of their
submission.

Resolution of
investigating prosecutor
prosecutor or chief state prosecutor, or to the Trial Court or Municipal Circuit Trial Court
Ombudsman or his deputy in cases of offenses SHALL be conducted by the prosecutor. The
cognizable by the Sandiganbayan in the exercise of its procedure for the issuance of a warrant of
original jurisdiction. They shall act on the resolution arrest by the judge shall be governed by
within ten (10) days from their receipt thereof and shall paragraph (a) of this section.
immediately inform the parties of such action.
c. When warrant of arrest not necessary a
No complaint or information may be filed or dismissed warrant of arrest shall not issue if the accused
by an investigating prosecutor without the prior written is already under detention pursuant to a
authority or approval of the provincial or city prosecutor warrant issued by the MTC in accordance with
or chief state prosecutor or the Ombudsman or his paragraph (b) of this section, or if the complaint
deputy. or information was filed pursuant to section 6 of
this Rule or is for an offense penalized by fine
Where the investigating prosecutor recommends the only. The court shall then proceed in the
dismissal of the complaint but his recommendation is exercise of the original jurisdiction.
disapproved by the provincial or city prosecutor or chief
state prosecutor or the Ombudsman or his deputy on
the ground that a probable cause exists, the latter may,
by himself, file the information against the respondent, Probable Cause - presupposes a reasonable ground
or direct another assistant prosecutor or state for belief in the existence of facts warranting the
prosecutor to do so without conducting another proceedings complained of; - an apparent state of
preliminary investigation. facts found to exist upon reasonable inquiry which
would induce a reasonably intelligent and prudent man
If upon petition by a proper party under such rules as to believe that the accused person had committed the
the Department of Justice may prescribe or motu crime charged.
propio, the Secretary of Justice reverses or modifies
the resolution of the provincial or city prosecutor or If the judge finds probable cause, he shall issue a
chief state prosecutor, he shall direct the prosecutor warrant of arrest, or a commitment order if the accused
concerned either to file the corresponding information had already been arrested and hold him for trial. If the
without conducting anther preliminary investigation, or judge is satisfied that there is no necessity for placing
to dismiss or move for dismissal of the complaint or the accused under custody, he may issue summons
information with notice to the parties. The same rule instead of warrant of arrest.
shall apply in preliminary investigations conducted by
the officers of the Office of the Ombudsman. The RTC judge need NOT personally examine the
complaint and witnesses in the determination of
probable cause for the issuance of the warrant of
arrest. He is only required to:

Section 5. When warrant of arrest may issue 1. Personally evaluate the report and the
supporting documents submitted during the
preliminary investigation by the fiscal; and
Sec.5. When warrant of arrest may issue
2. On the basis thereof he may:
a. By the RTC within 10 days from the filing of a) Dismiss;
the complaint or information, the judge shall b) Issue warrant; or
personally evaluate the resolution of the c) Require further affidavits.
prosecutor and its supporting evidence. He
may immediately dismiss the case if the INSTANCES WHEN MTC MAY CONDUCT
evidence on record clearly fails to establish PRELIMINARY INVESTIGATION:
probable cause. If he finds probable cause, he
shall issue a warrant of arrest, or a commitment 1. cases cognizable by the RTC may be filed with
order when the complaint or information was the MTC for preliminary investigation;
filed pursuant to section 6 of this Rule. In case
of doubt on the existence of probable cause, 2. cases cognizable by the MTC because it is an
the judge may order the prosecutor to present offense where the penalty prescribed by law is
additional evidence within 5 days from notice at least four (4) years, two (2) months and one
and the issue must be resolved by the court (1) day without regard to the fine.
within 30 days from filing of the complaint or
information.
In either situation, the MTC is authorized to issue a
b. By the MTC when required pursuant to the warrant of arrest if there is necessity of placing the
second paragraph of section 1 of this Rule, the respondent under immediate custody, in order not to
preliminary investigation of cases falling under frustrate the ends of justice.
the original jurisdiction of the Metropolitan Trial
Court, Municipal Trial Court in Cities, Muniicipal
CONDITIONS BEFORE THE INVESTIGATING arrested may ask for a preliminary investigation in
MUNICIPAL TRIAL JUDGE CAN ISSUE A WARRANT accordance with this Rule, but he must sign a waiver of
OF ARREST (Herrera, p. 282) the provision of Article 125 of the Revised Penal Code,
as amended, in the presence of his counsel.
1. Have examined in writing and under oath the Notwithstanding the waiver, he may apply for bail and
complainant and his witnesses by searching the investigation must be terminated within fifteen (15)
questions and answers; searching questions days from its inception.
and answers such questions as may have
the tendency to show the commission of the After the filing of the complaint or information in court
crime and the perpetrator thereof; without a preliminary investigation, the accused may,
within five (5) days from the time he learns of its filing,
2. Be satisfied that a probable cause exists; and ask for a preliminary investigation with the same right to
adduce evidence in his defense as provided in this
3. That there is a need to place the respondent Rule. (7a; Sec. 2, R.A. No. 7438)
under immediate custody in order not to
frustrate the ends of justice.

If the MTC judge found probable cause but did not TWO SITUATIONS CONTEMPLATED UNDER THIS
believe that the aforesaid conditions were met, he RULE:
cannot be compelled by mandamus to issue the same.
1. When a person is lawfully arrested without a
REMEDY: The provincial fiscal, if he believes that the warrant for an offense requiring a preliminary
accused should be immediately placed in custody, may investigation (sec. 1, Rule 112) and no
file the corresponding information so that the RTC may complaint or information has yet been filed, he
issue the necessary warrant of arrest (Samulde vs. may ask for a preliminary investigation by
Salvani, Jr., G.R. No. 78606, Sept. 26, 1988). signing a waiver of the provisions of Art. 125 of
the RPC in the presence of his counsel.
While the judge may rely on the fiscals certification
thereof, the same is NOT conclusive on him as the 2. When the complaint or information was filed
issuance of said warrant calls for the exercise of without preliminary investigation, the accused
judicial discretion and, for that purpose, the judge may may, within 5 days from the time he learns of
require the submission of affidavits of witnesses to aid the filing of the information, ask for a
him in arriving at the proper conclusion, OR he may preliminary investigation with the same right to
require the fiscal to conduct further preliminary adduce evidence in his favor in the manner
investigation or reinvestigation. prescribed in this Rule.
INSTANCES WHEN WARRANT OF ARREST NOT The 5-day period is MANDATORY, failure to file the
NECESSARY motion within the said period amounts to waiver of the
right to ask for preliminary investigation.
1. if the accused is already under detention;
Where the information was amended without a new
2. if the complaint or information was filed after preliminary investigation having been conducted, the 5-
the accused was lawfully arrested without day period is computed from the time the accused
warrant; learns of the filing of said amended information.
3. if the offense is punishable by fine only. Where the trial court has granted a motion for
reinvestigation, it must hold in abeyance the
Section 6. When accused lawfully arrested arraignment and trial of the
without warrant. the accused until the prosecutor shall have conducted
and made a report on the result of such reinvestigation.

Sec. 6. When accused lawfully arrested without The right to bail pending Preliminary Investigation
warrant. - When a person is lawfully arrested without a under Section 7, Rule 112, a person lawfully arrested
warrant involving an offense which requires a may post bail before the filing of the information or
preliminary investigation, the complaint or information even after its filing without waiving his right to
may be filed by a prosecutor without need of such preliminary investigation, provided that he asks for a
investigation provided an inquest has been conducted preliminary investigation by the proper officer within the
in accordance with existing rules. In the absence or period fixed in the said rule (People vs. Court of
unavailability of an inquest prosecutor, the complaint Appeals, May 29, 1995).
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. Section 7. Records

Before the complaint or information is filed, the person


Sec. 7. Records.

(a) Records supporting the information or complaint. -


An information or complaint filed in court shall be PROCEDURE TO BE FOLLOWED IN CASES WHICH
supported by the affidavits and counter-affidavits of the DO NOT REQUIRE PRELIMINARY INVESTIGATION
parties and their witnesses, together with the other
supporting evidence and the resolution on the case. 1. Evaluate the evidence presented
2. Conduct searching questions or answers
(b) Record of preliminary investigation. - The record of 3. Require the submission of additional evidence
the preliminary investigation, whether conducted by a
judge or a prosecutor, shall not form part of the record For cases under the Revised Rules on Summary
of the case. However, the court, on its own initiative or Procedure, no warrant shall be issued except where
on motion of any party, may order the production of the the accused fails to appear after being summoned.
record or any of its part when necessary in the
resolution of the case or any incident therein, or when it If the complaint is filed with the prosecutor involving an
is to be introduced as an evidence in the case by the offense punishable by imprisonment of less than 4
requesting party. years, 2 months and 1 day, the procedure in Rule 112,
Section 3 (a) shall be observed.

If the complaint is filed with the MTC, the same


Records of the preliminary investigation shall NOT procedure under Rule 112, Section 3 (a) shall be
automatically form part of the records of the case. observed.
Courts are not compelled to take judicial notice thereof.
It must be introduced as an evidence.
RULE 113 - ARREST
Section 8. Cases not requiring a preliminary
investigation nor covered by the Rule on Summary Section 1. Definition of arrest.
Procedure.

Section 1. Definition of arrest. - Arrest is the taking of a


Sec. 8. Cases not requiring a preliminary investigation person into custody in order that he may be bound to
nor covered by the Rule on Summary Procedure. answer for the commission of an offense.

(a) If filed with the prosecutor. - If the complaint is filed


directly with the prosecutor involving an offense
punishable by imprisonment of less than four (4) years, Arrest the taking of a person into custody in order
two (2) months and one (1) day, the procedure outlined that he may be bound to answer for the commission of
in section 3(a) of this Rule shall be observed. The an offense (Sec. 1 Rule 113).
prosecutor shall act on the complaint based on the
affidavits and other supporting documents submitted by Modes of Arrest
the complainant within ten (10) days from its filing.
1. arrest by virtue of a warrant
(b) If filed with the Municipal Trial Court. - If the
complaint or information is filed with the Municipal Trial 2. arrest without a warrant under exceptional
Court or Municipal Circuit Trial Court for an offense circumstances as may be provided by statute
covered by this section, the procedure in section 3 (a) (Sec. 5, Rule 113).
of this Rule shall be observed. If within ten (10) days
after the filing of the complaint or information, the judge ESSENTIAL REQUISITES OF A VALID WARRANT
finds no probable cause after personally evaluating the OF ARREST
evidence, or after personally examining in writing and
under oath the complainant and his witnesses in the 1. It must be issued upon probable cause which
form of searching questions and answers, he shall must be determined personally by a judge after
dismiss the same. He may, however, require the examination under oath or affirmation of the
submission of additional evidence, within ten (10) days complainant and the witnesses he may
from notice, to determine further the existence of produce
probable cause. If the judge still finds no probable
cause despite the additional evidence, he shall, within 2. The warrant must particularly describe the
ten (10) days from its submission or expiration of said person to be seized
period, dismiss the case. When he finds probable
cause, he shall issue a warrant of arrest, or a A warrant of arrest has NO expiry date. It remains valid
commitment order if the accused had already been until arrest is effected or warrant is lifted.
arrested, and hold him for trial. However, if the judge is
satisfied that there is no necessity for placing the REMEDY FOR WARRANTS IMPROPERLY ISSUED
accused under custody, he may issue summons
instead of a warrant of arrest.
Where a warrant of arrest was improperly issued, the expiration of the period, the officer to whom it was
proper remedy is a petition to quash it, NOT a petition assigned for execution shall make a report to the judge
for habeas corpus, since the court in the latter case who issued the warrant. In case of his failure to execute
may only order his release but not enjoin the further the warrant, he shall state the reason therefore.
prosecution or the preliminary examination of the
accused (Alimpoos vs. Court of Appeals, 106 SCRA
159).
Section 5. Arrest without warrant; when lawful
Posting of bail does not bar one from questioning
illegal arrest (Section 26, Rule 114, Rules of Court).
Sec. 5. Arrest without warrant; when lawful. - A peace
Section 2. Arrest; how made.
officer or a private person may, without a warrant, arrest
a person:
Sec. 2. Arrest; how made. - An arrest is made by an (a) When, in his presence, the person to be arrested
actual restraint of a person to be arrested, or by his has committed, is actually committing, or is attempting
submission to the custody of the person making the to commit an offense;
arrest.
(b) When an offense has just been committed and he
No violence or unnecessary force shall be used in has probable cause to believe based on personal
making an arrest. The person arrested shall not be knowledge of facts or circumstances that the person to
subject to a greater restraint than is necessary for his be arrested has committed it; and (c) When the person
detention. to be arrested is a prisoner who has escaped from a
penal establishment or place where he is serving final
judgment or is temporarily confined while his case is
pending, or has escaped while being transferred from
MODES OF EFFECTING ARREST one confinement to another. In cases falling under
1. By an actual restraint of the person to be paragraphs (a) and (b) above, the person arrested
arrested. without a warrant shall be forthwith delivered to the
2. By his submission to the custody of the person nearest police station or jail and shall be proceeded
making the arrest. against in accordance with section 7 of Rule 112.

Upon arrest, the following may be confiscated from the


person arrested:
LAWFUL WARRANTLESS ARREST
1. Objects subject of the offense or used or
intended to be used in the commission of the 1. When, IN HIS PRESENCE, the person to be
crime; arrested has committed, is actually committing,
or is attempting to commit an offense (in
2. Objects which are the fruits of the crime; flagrante delicto arrests);
3. Those which might be used by the arrested 2. When an offense has in fact just been
person to commit violence or to escape; committed, and he has probable cause to
believe based on PERSONAL KNOWLEDGE
4. Dangerous weapons and those which may be of fact and circumstance that the person to be
used as evidence in the case. arrested has committed it; (Doctrine of Hot
Pursuit)
Section 3. Duty of arresting officer
3. When the person to be arrested is a prisoner
who has escaped from a penal establishment
Sec. 3. Duty of arresting officer. - It shall be the duty of or place where he is serving final judgment or
the officer executing the warrant to arrest the accused temporarily confined while his case is pending,
and deliver him to the nearest police station or jail or has escaped while being transferred from
without unnecessary delay. one confinement to another.

4. Where a person who has been lawfully


arrested escapes or is rescued (Sec. 13, Rule
Section 4. Execution of warrant. 113);

5. By the bondsman for the purpose of


Sec. 4. Execution of warrant. - The head of the office to surrendering the accused (Sec. 23, Rule 114);
whom the warrant of arrest was delivered for execution and
shall cause the warrant to be executed within ten (10)
days from its receipt. Within ten (10) days after the
6. Where the accused attempts to leave the arrested so requires, the warrant shall be shown to him
country without permission of the court (Sec. as soon as practicable.
23, Rule 114).
Section 8. Method of arrest by officer without
If the arrest was effected without warrant, the arresting warrant.
officer must comply with the provisions of Art. 125 of
the RPC, otherwise, he may be held criminally liable
for arbitrary detention under Article 124 of the RPC. Sec. 8. Method of arrest by officer without warrant. -
When making an arrest without a warrant, the officer
RULES ON ILLEGALITY OF ARREST shall inform the person to be arrested of his authority
and the cause of the arrest, unless the latter is either
1. An accused who enters his plea of NOT guilty engaged in the commission of an offense, is pursued
and participates in the trial waives the illegality immediately after its commission, has escaped, flees,
of the arrest. Objection to the illegality must be or forcibly resists before the officer has opportunity to
raised before arraignment, otherwise it is so inform him, or when the giving of such information
deemed waived, as the accused, in this case, will imperil the arrest.
has voluntarily submitted himself to the
jurisdiction of the court.
2. Illegality of warrantless arrest maybe cured by
filing of an information in court and the Section 9. Method of arrest by private person.
subsequent issuance by the judge of a warrant
of arrest.
Sec. 9. Method of arrest by private person. - When
3. Once a person has been duly charged in court,
making an arrest, a private person shall inform the
he may no longer question his detention by
person to be arrested of the intention to arrest him and
petition for habeas corpus, his remedy is to
the case of the arrest, unless the latter is either
quash the information and/or the warrant of
engaged in the commission of an offense, is pursued
arrest.
immediately after its commission, or has escaped,
flees, or forcibly resists before the person making the
Section 6. Time of making arrest.
arrest has opportunity to so inform him, or when the
giving of such information will imperil the arrest.
Sec. 6. Time of making arrest. - An arrest may be made
on any day and at any time of the day or night.
Citizens arrest - arrest effected by a private person.

Unlike a search warrant which must be served only in Section 10. Officer may summon assistance.
daytime, an arrest may be made on any day and at any
time of the day or night, even on a Sunday. This is
justified by the necessity of preserving the public
Sec. 10. Officer may summon assistance. - An officer
peace.
making a lawful arrest may orally summon as many
persons as he deems necessary to assist him in
Section 7. Method of arrest of officer by virtue of
effecting the arrest. Every person so summoned by an
warrant.
officer shall assist him in effecting the arrest when he
can render such assistance without detriment to
himself.
Sec. 7. Method of arrest by officer by virtue of warrant. -
When making an arrest by virtue of a warrant, the
officer shall inform the person to be arrested of the
Only an officer making the arrest is governed by the
cause of the arrest and the fact that a warrant has been
rule. It does not cover a private individual making an
issued for his arrest, except when he flees or forcibly
arrest.
resists before the officer has opportunity to so inform
him, or when the giving of such information will imperil
Section 11. Right of officer to break into building or
the arrest. The officer need not have the warrant in his
enclosure.
possession at the time of the arrest but after the arrest,
if the person arrested so requires, the warrant shall be
shown to him as soon as practicable.
Sec. 11. Right of officer to break into building or
enclosure. - An officer, in order to make an arrest either
by virtue of a warrant, or without a warrant as provided
Under this rule, an arrest may be made even if the
in section 5, may break into any building or enclosure
police officer is not in possession of the warrant of
where the person to be arrested is or is reasonably
arrest (Mallari vs. Court of Appeals, 265 SCRA 456).
believed to be, if he is refused admittance thereto, after
Exhibition of the warrant prior to the arrest is not
announcing his authority and purpose.
necessary. However, if after the arrest, the person
Requisites before an officer can break into a building or
enclosure to make an arrest:
1. That the person to be arrested is or is Sec. 13. Arrest after escape or rescue. - If a person
reasonably believed to be in said building; lawfully arrested escapes or is rescued, any person
2. That he has announced his authority and may immediately pursue or retake him without a
purpose for entering therein; warrant at any time and in any place within the
3. That he has requested and been denied Philippines.
admittance.

Generally, a lawful arrest may be made anywhere,


even on private property or in a house. This rule is Where a person lawfully arrested escapes or is
applicable both where the arrest is under a warrant, rescued, any person may immediately pursue or retake
and where there is valid warrantless arrest. him without a warrant at any time and in any place
within the country. The pursuit must be immediate.

Section 12. Right to break out of the building or


enclosure to effect release.
Section 14. Right of Attorney or relative to visit person
arrested.
Sec. 12. Right to break out from building or enclosure. -
Whenever an officer has entered the building or
Sec. 14. Right of attorney or relative to visit person
enclosure in accordance with the preceding section, he arrested. - Any member of the Philippine Bar shall, at
may break out therefrom when necessary to liberate the request of the person arrested or of another acting
himself. in his behalf, have the right to visit and confer privately
with such person in the jail or any other place of
custody at any hour of the day or night. Subject to
A private person making an arrest CANNOT break in or reasonable regulations, a relative of the person
out of a building or enclosure because only officers are arrested can also exercise the same right.
allowed by law to do so.

Section 13. Arrest after escape or rescue.

Prosecution witnesses may also be required to post


bail to ensure their appearance at the trial of the case
where:

1) there is a substitution of information (Sec. 4,


Rule110), and

2) where the court believes that a material


witness may not appear at the trial (Sec. 14,
Rule 119).

RA 7438 defined certain rights of persons arrested,


detained, or under custodial investigation, with the
penalties for violations thereof.
RULE 114 BAIL
Sec. 2. Conditions of the bail; requirements. - All kinds
Section 1. Bail defined. of bail are subject to the following conditions:

(a) The undertaking shall be effective upon approval,


Section 1. Bail defined. - Bail is the security given for and unless cancelled, shall remain in force at all stages
the release of a person in custody of the law, furnished of the case until promulgation of the judgment of the
by him or a bondsman, to guarantee his appearance Regional Trial Court, irrespective of whether the case
before any court as required under the conditions was originally filed in or appealed to it;
hereinafter specified. Bail may be given in the form of
corporate surety, property bond, cash deposit, or (b) The accused shall appear before the proper court
recognizance. whenever required by the court of these Rules;

(c) The failure of the accused to appear at the trial


Bail -- the security given for the release of a person in without justification and despite due notice shall be
custody of the law, furnished by him or a bondsman, deemed a waiver of his right to be present thereat. In
conditioned upon his appearance before any court as such case, the trial may proceed in absentia; and
required under the conditions specified by the rule
(Sec. 1, Rule 114). (d) The bondsman shall surrender the accused to the
court for execution of the final judgment. The original
papers shall state the full name and address of the
A person is in the custody of law when he has been accused, the amount of the undertaking and the
either arrested or otherwise deprived of his freedom or conditions required by this section. Photographs
when he has voluntarily submitted himself to the (passport size) taken within the last six (6) months
jurisdiction of the court by surrendering to the proper showing the face, left and right profiles of the accused
authorities. must be attached to the bail.

All persons, except those charged with offenses


punishable by reclusion perpetua when evidence of
guilt is strong, shall, before conviction, be bailable by CONDITIONS OF BAIL
sufficient sureties, or be released on recognizance as
may be provided by law (Section 13, Article III, 1987 1. The undertaking shall be effective upon
Constitution). approval, and, unless cancelled, shall remain
in force at all stages of the case until
Forms of bail: promulgation of the judgment of the RTC,
1. corporate surety irrespective of whether the case was originally
2. property bond filed in or appealed to it;
3. cash deposit
4. recognizance 2. The accused shall appear before the proper
courts whenever so required by the court or
these Rules;
BAILBOND RECOGNIZANCE
An obligation under an obligation of 3. The failure of the accused to appear at the trial
seal given by the record, entered into without justification despite due notice shall be
accused with one before some court deemed a waiver of his right to be present
or more sureties, or magistrate duly thereat. In such case, the trial may proceed in
and made payable authorized to take absentia;
to the proper officer it, with the condition
with the condition to do some 4. The bondsman shall surrender the accused to
to be void upon particular act; court for execution of the final judgment.
performance by the
accused of such No additional conditions can be imposed.
acts as he may
legally be required A detention prisoner who escaped waives his right to
to perform cross-examination (Jimenez v. Nazareno).

By filing a fake bail bond, an appellant is deemed to


have escaped from confinement during the pendency
of his appeal and in the normal course of things, his
appeal should be dismissed.

Section 2. Conditions of the bail; Section 3. No release or transfer except on court


requirements. order or bail.
Section 3. No person under detention by legal process Sec. 5. Bail, when discretionary. - Upon conviction
shall be released or transferred except upon order of by the Regional Trial Court of an offense not
the court or when he is admitted to bail. 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 filing of a notice
Section 4. Bail, a matter of right; exception. of appeal, provided it has not transmitted the
original record to the appellate court. However, if
the decision of the trial court conviction the
Sec. 4. Bail, a matter of right; exception. - All persons in accused changed the nature of the offense from
custody shall be admitted to bail as a matter of right, non-bailable to bailable, the application for bail can
with sufficient sureties, or released on recognizance as only be filed with and resolved by the appellate
prescribed by law or this Rule court.
(a) before or after conviction by the Metropolitan Trial Should the court grant the application, the
Court, Municipal Trial Court, Municipal Trial Court in
accused may be allowed to continue on
Cities, or Municipal Circuit Trial Court, and
provisional liberty during the pendency of the
(b) before conviction by the Regional Trial court of an
appeal under the same bail subject to the consent
offense not punishable by death, reclusion perpetua, or of the bondsman.
life imprisonment.
If the penalty imposed by the trial court is
imprisonment exceeding six (6) years, the
accused shall be denied bail, or his bail shall be
When a matter of right: cancelled upon a showing by the prosecution, with
notice to the accuse, of the following or other
1. before or after conviction in the lower courts; similar circumstances:
AND
(a) That he is a recidivist, quasi-recidivist, or
2. before conviction by the RTC, EXCEPT when habitual delinquent, or has committed the crime
the imposable penalty is death, reclusion aggravated by the circumstance of reiteration;
perpetua or life imprisonment and evidence of
guilt is strong. (b) That he has previously escaped from legal
confinement, evaded sentence, or violated the
In instances where bail is a matter of right and the bail conditions of his bail without valid justification;
to be granted is based on the recommendation of the
prosecution as stated in the information or complaint, a (c) That he committed the offense while under
hearing is NOT necessary.
probation, parole, or conditional pardon;
But where, however, there is a reduction of bail as
(d) That the circumstances of his case indicate the
recommended or after conviction by the RTC of an
offense not punishable by death, reclusion perpetua, or probability of flight if released on bail; or
life imprisonment wherein the grant of bail is
discretionary, there must be a hearing before a bail is (e) That there is undue risk that he may commit
granted in order to afford the prosecution the chance to another crime during the pendency of the appeal.
oppose it (Bangayan vs. Butacan, 345 SCRA 301). The appellate court may, motu proprio or on
motion of any party, review the resolution of the
The prosecution cannot adduce evidence for the denial Regional Trial Court after notice to the adverse
of bail where it is a matter of right. However, where the party in either case.
grant of bail is discretionary, the prosecution may show
proof to deny the bail.

An extraditee is not entitled to bail. The Constitutional RULES ON AVAILABILITY OF BAIL


provision on Bail as well as Sec. 4 of Rule 114 applies
only when a person has been arrested and detained 1. Regardless of stage of the criminal
for violation of Philippine Criminal laws. It does not prosecution, no bail shall be allowed if the
apply to extradition proceedings because extradition accused is charged with a capital offense or an
courts do not render judgments of conviction or offense punishable by reclusion perpetua AND
acquittal (Govt. of US vs. Judge Purganan, Sept. 24, the evidence of guilt is strong (Sec. 7);
2002).
2. Before and after conviction by the MTC,
Section 5. Bail, when discretionary. Municipal Trial Court or MCTC, bail is a matter
of right (Sec.4).
3. Before conviction by the RTC whether in the law increasing the penalty cannot apply to the case,
exercise of its original or appellate jurisdiction, otherwise it would be ex post facto, and penalties are
bail is a matter of right. (Sec.4) determined by the law at the time of the commission of
the offense.
4. Upon conviction by the RTC of an offense not
punishable by death, reclusion perpetua or life If the law at the time of the application for bail has
imprisonment, admission to bail is amended the prior law which imposed the death
discretionary (Sec. 5); penalty by reducing such penalty, such favorable law
generally has a retroactive effect.
5. After conviction by the RTC wherein a penalty
of imprisonment exceeding 6 but not more Section 7. Capital Offense not bailable.
than 20 years is imposed, and not one of the
circumstances below is present and proved,
bail is a matter of discretion (Sec.5). Sec. 7. Capital offense or an offense punishable by
reclusion perpetua or life imprisonment, not bailable. -
a) Recidivism, quasi-recidivism or habitual No person charged with a capital offense, or an offense
delinquency or commission of crime punishable by reclusion perpetua or life imprisonment,
aggravated by the circumstances of shall be admitted to bail when evidence of guilt is
reiteration. strong, regardless of the state of the criminal
prosecution.chan robles virtual law library
b) Previous escape from legal confinement,
evasion of sentence or violation of the
conditions of bail without valid justification.
Capital offense or those punishable by reclusion
c) Commission of the offense while on perpetua, life imprisonment or death are NOT
probation, parole or under conditional BAILABLE when evidence of guilt is strong.
pardon
EXCEPTION: If the accused charged with a capital
d) Circumstance of the accused or his case offense is a minor.
indicates the probability of flight if released
on bail Section 8. Burden of proof in bail application.
e) Undue risk of commission of another crime
by the accused during pendency of appeal.
Sec. 8. Burden of proof in bail application. - At the
hearing of an application for bail filed by a person who
6. After conviction by the RTC imposing a penalty
is in custody for the commission of an offense
of imprisonment exceeding 6 years but not
punishable by death, reclusion perpetua, or life
more than 20 years and any of the
imprisonment, the prosecution has the burden of
circumstance enumerated above and other
showing that evidence of guilt is strong. The evidence
similar circumstance is present and proved, no
presented during the bail hearing shall be considered
bail shall be granted (Sec.5);
automatically reproduced at the trial but, upon motion of
either party, the court may recall any witness for
7. After judgment has become final unless
additional examination unless the latter is dead, outside
accused applied for probation before
the Philippines, or otherwise unable to testify.
commencing to serve sentence of penalty and
offense within purview of probation law (Sec.
24).

Section 6. Capital Offense, defined. The hearing should be summary or otherwise in the
discretion of the court but the right of the prosecution to
control the quantum of evidence and the order of
presentation of witnesses must be equated with the
Sec. 6. Capital offense defined. - A capital offense is an
purpose of the hearing to determine the bailability of
offense which, under the law existing at the time of its
the accused.
commission and of the application for admission to bail,
may be punished with death.
The burden of proving that the evidence of guilt is
strong lies within the fence of the prosecution. (Comia
vs. Antona, 337 SCRA 656)
Capital Offense is an offense which, under the law Evidence of guilt is strong when proof is evident or the
existing at the time of its commission AND at the time presumption of guilt is strong. The test is NOT whether
of the application to be admitted to bail, may be the evidence establishes guilt beyond reasonable
punished with death. doubt but rather whether it shows evident guilt or a
great presumption of guilt.
If the law at the time of commission does not impose
the death penalty, the subsequent amendment of the Section 9. Amount of bail; guidelines.
Section 11. Property, how posted.

Sec. 9. Amount of bail; guidelines. - The judge who


issued the warrant or granted the application shall fix a Sec. 11. Property bond, how posted. - A property bond
reasonable amount of bail considering primarily, but not is an undertaking constituted as lien on the real
limited to, the following factors: property given as security for the amount of the bail.
Within ten (10) days after the approval of the bond, the
(a) Financial liability of the accused to give bail; accused shall cause the annotation of the lien on the
certificate of title on file with the Registry of Deeds if the
(b) Nature and circumstance of the offense; land is registered, or if unregistered, in the Registration
Book on the space provided therefore, in the Registry
(c) Penalty for the offense charged; of Deeds for the province or city where the land lies,
and on the corresponding tax declaration in the office of
(d) Character and reputation of the accused; the provincial, city and municipal assessor concerned.

(e) Age and health of the accused; Within the same period, the accused shall submit to the
court his compliance and his failure to do so shall be
(f) Weight of the evidence against the accused; sufficient cause for the cancellation of the property
bond and his re-arrest and detention.
(g) Probability of the accused appearing at the trial;

(h) Forfeiture of other bail; Property Bond is an undertaking constituted as a


lien on the real property given as security for the
(i) The fact that the accused was a fugitive from justice amount of the bail (sec11);
when arrested; and
It is required that the annotation of a lien on the land
(j) Pendency of other cases where the accused is on records of the property posted as bail, otherwise the
bail. Excessive bail shall not be required. property bail bond shall be cancelled.

Section 12. Qualifications of sureties in property


bond.
FACTORS TO BE CONSIDERED IN FIXING THE
REASONABLE AMOUNT OF BAIL (NOT
EXCLUSIVE) Sec. 12. Qualifications of sureties in property bond. -
1. Financial ability of the accused to give bail; The qualifications of sureties in a property bond shall
2. Nature and circumstances of the offense; be as follows:
3. Penalty for the offense charged;
4. Character and reputation of the accused; (a) Each must be a resident owner of real estate within
5. Age and health of the accused; the Philippines;
6. Weight of evidence against the accused;
7. Probability of the accused appearing at the (b) Where there is only one surety, his real estate must
trial; be worth at least the amount of undertaking;
8. Forfeiture of other bail;
9. The fact that the accused was a fugitive from (c) If there are two or more sureties, each may justify in
justice when arrested; and an amount less than that expressed in the undertaking
10. Pendency of other cases when the accused is but the aggregate of the justified sums must be
on bail equivalent to the whole amount of the bail demanded.
In all cases, every surety must be worth the amount
Bail must not be in a prohibitory amount. Excessive specified in his own undertaking over and above all just
bail is not to be required for the purpose of preventing debts, obligations and properties exempt from
the accused from being admitted to bail. execution.

Section 10. Corporate surety.


Philippine residency is required of a property
bondsman. The reason for this is that bondsmen in
Sec. 10. Corporate surety. - Any domestic or foreign criminal cases, residing outside of the Philippines, are
corporation, licensed as a surety in accordance with not within the reach of the processes of its courts
law and currently authorized to act as such, may (Villaseor vs. Abano, 21 SCRA 312).
provide bail by a bond subscribed jointly by the
accused and an officer of the corporation duly
authorized by its board of directors. Section 13. Justification of sureties.
Sec. 13. Justification of sureties. - Every surety shall Section 16. Bail when not required; reduced bail on
justify by affidavit taken before the judge that he recognizance.
possesses the qualification prescribed in the preceding
section. He shall describe the property given as
security, stating the nature of his title, its Sec. 16. Bail, when not required; reduced bail or
encumbrances, the number and amount of other bails recognizance. - No bail shall be required when the law
entered into by him and still undischarged, and his or these Rules so provide. When a person has been in
other liabilities. The court may examine the sureties custody for a period equal to or more than the possible
upon oath concerning their sufficiency in such manner maximum imprisonment prescribed for the offense
as it may deem proper. No bail shall be approved charged, he shall be released immediately, without
unless the surety is qualified. prejudice to the continuation of the trial or the
proceedings on appeal. If the maximum penalty to
which the accused may be sentenced is destierro, he
The purpose of the rule requiring the affidavit of shall be released after thirty (30) days of preventive
qualification by the surety before the judge, is to enable imprisonment. A person in custody for a period equal to
the latter to determine whether or not the surety or more than the minimum of the principal penalty
possesses the qualification to act as such, especially prescribed for the offense charged, without application
his financial worth. of the Indeterminate Sentence Law or any modifying
circumstance, shall be released on a reduced bail or on
The justification being under oath, any falsity his own recognizance, at the discretion of the court.
introduced thereto by the surety upon a matter of
significance would render him liable for perjury.

Section 14. Deposit of cash as bail. Instances wherein the accused may be released on
recognizance, without putting bail or on reduced bail:

Sec. 14. Deposit of cash as bail. - The accused or any


person acting in his behalf may deposit in cash with the
nearest collector of internal revenue or provincial, city, CAN BE 1. Offense charged is
or municipal treasurer the amount of bail fixed by the RELEASED violation of an
court, or recommended by the prosecutor who WITHOUT BAIL ordinance, light
investigated or filed the case. Upon submission of a felony or a criminal
proper certificate of deposit and a written undertaking offense, the
showing compliance with the requirements of section 2 imposable penalty
of this Rule, the accused shall be discharged from wherefore does not
custody. The money deposited shall be considered as exceed 6 months of
bail and applied to the payment of fine and costs while imprisonment and/or
the excess, if any, shall be returned to the accused or to fine of P 2,000
whoever made the deposit. under R.A.6036.

2. Where the
accused has
EFFECT OF DEPOSITING CASH AS BAIL applied for
Accused shall be discharged from custody as it is probation and
considered as bail. before the same
has been resolved
Section 15. Recognizance but no bail was
filed or the accused
is incapable of
Sec. 15. Recognizance. - Whenever allowed by law or filing one, in which
these Rules, the court may release a person in custody case he may be
on his own recognizance or that of a responsible released on
person. recognizance

3. In case of a
youthful offender
held for physical or
mental examination,
trial or appeal, if
unable to furnish
Recognizance - an obligation of record, entered into
bail and under the
before some court or officer authorized to take it with a
circumstances
condition to do some particular act and the accused is
under PD 603, as
often allowed to obligate himself to answer the charge.
amended
1. May be filed with the court where the case is
ON REDUCED A person in custody for pending, or in the absence or unavailability of
BAIL OR ON a period equal to or the judge thereof, with another branch of the
HIS OWN more than the same court within the province or city.
RECOGNIZAN minimum of the
CE principal penalty 2. Whenever the grant of bail is a matter of
prescribed for the discretion, or the accused seeks to be
offense charged, released on recognizance,
without application of
the indeterminate 3. the application therefor may be filed only in the
sentence law or any particular court where the case is pending,
modifying circumstance whether for preliminary investigation, trial or
shall be released on appeal.
reduced bail or on his
own recognizance. 4. Any person in custody who is not yet charged
General Rule: no bail in court may apply for bail with any court in the
UNDER THE Exception: province, city or municipality where he is held.
REVISED 1. When a warrant of
RULES ON arrest is issued for Section 18. Notice of application to prosecutor.
SUMMARY failure to appear when
PROCEDURE required by the court
2. When the accused Sec. 18. Notice of application to prosecutor. - In the
- is a recidivist; application for bail under section 8 of this Rule, the
- is a fugitive from court must give reasonable notice of the hearing to the
justice; prosecutor or require him to submit his
- is charged with recommendation.
physical injuries
- does not reside in
the place where the Such notice is necessary because the burden of
violation of the law proving that the evidence of guilt is strong is on the
or ordinance is prosecution and that the discretion of the court in
committed; or admitting the accused to bail can only be exercised
-has not reside in the after the fiscal has been heard regarding the nature of
place where the the evidence in his possession. (People vs. Raba, 130
violation of the law Phil. 384)
or ordinance is
committed; or
-has no known Section 19. Release on bail.
residence

Sec. 19. Release on bail. - The accused must be


Section 17. Bail, where filed. discharged upon approval of the bail by the judge with
whom it was filed in accordance with section 17 of this
Rule. When bail is filed with a court other than where
Sec. 17. Bail, where filed. - (a) Bail in the amount fixed the case is pending, the judge who accepted the bail
may be filed with the court where the case is pending, shall forward it, together with the order of release and
or in the absence or unavailability of the judge thereof, other supporting papers, to the court where the case is
with any regional trial judge, metropolitan trial judge, pending, which may, for good reason, require a different
municipal trial judge, or municipal circuit trial judge in one to be filed.
the province, city or municipality. If the accused is
arrested in a province, city, or municipality other than
where the case is pending, bail may also be filed with
any regional trial court of said place, of if no judge Once the accused has been admitted to bail, h is
thereof is available, with any metropolitan trial judge, entitled to immediate release from custody. An officer
municipal trial judge, or municipal circuit trial judge who fails or refuses to release him from detention
therein. (b) Where the grant of bail is a matter of notwithstanding the approval by the proper court of his
discretion, or the accused seeks to be released on bailbond, may be held liable under Article 126 of the
recognizance, the application may only be filed in the Revised Penal Code for delaying release.
court where the case is pending, whether on
preliminary investigation, trial, or appeal. Any person in Section 20. Increase or reduction of bail.
custody who is not yet charged in court may apply for
bail with any court in the province, city, or municipality
where he is held. Sec. 20. Increase or reduction of bail. - After the
accused is admitted to bail, the court may, upon good
cause, either increase or reduce its amount. When to be done such as the production of the
increased, the accused may be committed to custody if accused within 30 days as provided by the
he does not give bail in the increased amount within a rules an order of forfeiture is not appealable
reasonable period. An accused held to answer a 2. an ORDER OF CONFISCATION is not
criminal charge, who is released without bail upon filing independent of the order of the order of
of the complaint or information, may, at any subsequent forfeiture. It is a judgment ultimately
stage of the proceedings and whenever a strong determining the liability of the surety
showing of guilt appears to the court, be required to thereunder, and therefore final and execution
give bail in the amount fixed, or in lieu thereof, may issue at once.
committed to custody. chan robles virtual law library

Section 22. Cancellation of bailbond.


The guidelines provided for in Section 9, Rule 114, in
fixing the amount of bail are also applicable in reducing INSTANCES WHEN BAIL BOND CAN BE
or increasing the bail previously fixed. CANCELLED
1. upon application by the bondsman with notice
Where the offense is bailable as a matter of right, the to the fiscal and upon surrender of the
mere probability that the accused will escape, or even accused; and
if he had previously escaped while under detention, 2. upon proof that the accused died.
does not deprive him of his right to bail. The remedy is
to increase the amount of the bail, provided such The bail bond is automatically cancelled upon the
amount would not be excessive. (Sy Guan vs. Amparo, acquittal of the accused or dismissal of the case or
79 Phil. 670) execution of the final order of conviction, without
prejudice to any liability on the bond incurred prior to
Section 21. Forfeiture of bail. their discharge.

METHODS BY WHICH SURETIES MAY RELIEVE


THEMSELVES FROM RESPONSIBILITIES
Sec. 21. Forfeiture of bail. - When the presence of the
a. Arrest the principal and deliver him to the
accused is required by the court or these Rules, his
proper authorities;
bondsmen shall be notified to produce him before the
b. They may cause his arrest to be made by any
court on a given date and time. If the accused fails to
police officer or other person of suitable age or
appear in person as required, his bail shall be declared
discretion; or
forfeited and the bondsmen given thirty (30) days within
c. By endorsing the authority to arrest upon a
which to produce their principal and to show why no
certified copy of the undertaking and delivering
judgment should be rendered against them for the
it to such officer or person
amount of their bail. Within the said period, the
bondsmen must: (a) produce the body of their principal
or give the reason for his non-production; and (b)
Section 23. Arrest of accused out on bail.
explain why the accused did not appear before the
court when first required to do so. Failing in these two
An accused released on bail may be re-arrested
requisites, a judgment shall be rendered against the
without a warrant if he attempts to depart from the
bondsmen, jointly and severally, for the amount of the
Philippines without prior permission of the court where
bail. The court shall not reduce or otherwise mitigate
the case is pending.
the liability of the bondsmen, unless the accused has
been surrendered or is acquitted.
Section 24. No bail after final judgment; exception.

GENERAL RULE: The finality of the judgment


Within 30 days from the failure of the accused to terminates the criminal proceeding. Bail becomes of no
appear in person as required, the bondsmen must: avail. The judgment contemplated is a judgment of
A. PRODUCE the body of their principal or give conviction. The judgment is final if the accused does
the reason for his non-production; AND not appeal the conviction.
B. EXPLAIN why the accused did not appear No bail shall be granted after judgment, if the case has
before the court when first required to do so. become final even if continued confinement of the
accused would be detrimental or dangerous to his
The 30-day period granted to the bondsmen to comply health. The remedy would be to submit him to medical
with the two requisites for the lifting of the order of treatment or hospitalization.
forfeiture cannot be shortened by the court but may be
extended for good cause shown.
. EXCEPTION: If the accused applies for probation he
ORDER OF FORFEITURE VS. ORDER OF may be allowed temporary liberty under his existing
CONFISCATION bail bond, or if no bail was filed, or is incapable of filing
one, he may be released on recognizance to the
1. an ORDER OF FORFEITURE is conditional custody of a responsible member of the community
and interlocutory, there being something more
The application for probation must be filed within the complaint or information would be a violation of this
period of perfecting an appeal. Such filing operates as constitutional right (People vs. Ortega, 276 SCRA 166).
a waiver of the right to appeal. The accused in the
meantime, is entitled to be released on bail or When a person is charged in a complaint with a crime
recognizance. (Sec. 4, PD 968, as amended) and the evidence does not show that he is guilty
thereof, but does show that he is guilty of some other
crime or a lesser offense, the court may sentence e
Section 25. Court supervision of detainees. him for the lesser offense, PROVIDED the lesser
offense is a cognate offense and is included in the
The employment of physical, psychological or complaint with the court.
degrading punishment against any prisoner or detainee
or the use of substandard or inadequate penal facilities C. TO BE PRESENT AND DEFEND IN PERSON
under subhuman conditions shall be dealt with by law AND BY COUNSEL AT EVERY STAGE OF THE
(Section 19(2), Article III, 1987 Constitution). PROCEEDING

THE PRESENCE OF THE ACCUSED IS REQUIRED


Section 26. Bail not a bar to objection on illegal ONLY
arrest, lack of or irregular preliminary 1. During arraignment (Sec. 1b, rule 116)
investigation. 2. Promulgation of judgment EXCEPT when the
conviction is for a light offense, in which case,
AN APPLICATION FOR OR ADMISSION TO BAIL it may be pronounced in the presence of his
SHALL NOT BAR THE ACCUSED counsel or a representative
a. from challenging the validity of his arrest OR 3. When ordered by the court for purposes of
b. legality of the warrant issued therefore, OR identification
c. from assailing the regularity or questioning the
absence of preliminary investigation of the Not applicable in SC and CA - The law securing to an
charge against him, PROVIDED, he raises accused person the right to be present at every stage
them before entering his plea. of the proceedings has no application to the
proceedings before the Court of Appeals and the
Supreme Court nor to the entry and promulgation of
their judgments The defendant need not be present in
court during the hearing of the appeal. (Sec. 9 Rule
RULE 115 124)
RIGHTS OF THE ACCUSED
Accused may waive his right to be present during the
This rule enumerates the rights of a person accused of trial. HOWEVER, his presence may be compelled
an offense, which are both constitutional as well as when he is to be identified. (Aquino, Jr. vs. Military
statutory, save the right to appeal, which is purely Commission, 63 SCRA 546)
statutory in character.
EFFECTS OF WAIVER OF THE RIGHT TO APPEAR
Section 1. Rights of the accused at the trial. BY THE ACCUSED
1. waiver of the right to present evidence;
A. TO BE PRESUMED INNOCENT 2. prosecution can present evidence if accused
In all criminal prosecutions, the accused is presumed fails to appear;
innocent until the contrary is proved beyond 3. the court can decide without accuseds
reasonable doubt. evidence.

Reasonable Doubt is that doubt engendered by an TRIAL IN ABSENTIA


investigation of the whole proof and an inability, after It is important to state that the provision of the
such investigation, to let the mind rest easy upon the Constitution authorizing the trial in absentia of the
certainty of guilt. Absolute certainty of guilt is not accused in case of his non-appearance AFTER
demanded by the law to convict of any criminal charge ARRAIGNMENT despite due notice simply means that
but moral certainty is required, and this certainty is he thereby waives his right to meet the witnesses face
required as to every proposition of proof requisite to to face among others.
constitute the offense.
Such waiver of a right of the accused does not mean a
Equipoise rule where the evidence of the parties release of the accused from his obligation under the
in a criminal case are evenly balanced, the bond to appear in court whenever so required. The
constitutional presumption of innocence should tilt in accused may waive his right but not his duty or
favor of the accused and must be acquitted. obligation to the court.

B. TO BE INFORMED OF THE NATURE AND THE REQUIREMENTS FOR TRIAL IN ABSENTIA


CAUSE OF THE ACCUSATION AGAINST HIM. 1. accused has been arraigned
An accused cannot be convicted of an offense unless it 2. he has been duly notified of the trial
is clearly charged in the complaint or information. To 3. his failure to appear is unjustified
convict him of an offense other than that charged in the
An escapee who has been duly tried in absentia RIGHT OF THE ACCUSED AGAINST SELF-
waives his right to present evidence on his own behalf INCRIMINATION VS. RIGHT OF THAT OF AN
and to confront and cross-examine witnesses who ORDINARY WITNESS
testified against him. (Gimenez vs. Nazareno, 160 The ordinary witness may be compelled to take the
SCRA 1) witness stand and claim the privilege as each question
requiring an incriminating answer is shot at him, an
D. RIGHT TO COUNSEL accused may altogether refuse to take the witness
The right covers the period beginning from custodial stand and refuse to answer any and all questions.
investigation, well into the rendition of the judgment
and even on appeal. (People vs. Serzo, Jr., 274 SCRA G. RIGHT TO CONFRONT AND CROSS- EXAMINE
553) THE WITNESSES AGAINST HIM AT TRIAL

If during the investigation the assisting lawyer left, or Confrontation is the act of setting a witness face-to-
come and go, the statement signed by the accused is face with the accused so that the latter may make any
still inadmissible because the lawyer should assist his objection he has to the witness, and the witness may
client from the time the confessant answers the first identify the accused, and this must take place in the
question asked by the investigating officer until the presence of the court having jurisdiction to permit the
signing of the extrajudicial confession. (People vs. privilege of cross-examination.
Morial, 363 SCRA 96)
The main purpose of the right to confrontation is to
The right to counsel and the right to remain silent secure the opportunity of cross-examination and the
do not cease even after a criminal secondary purpose is to enable the judge to observe
complaint/information has already been filed against the demeanor of witnesses.
the accused, AS LONG AS he is still in custody.
In any criminal proceeding, the defendant enjoys the
The duty of the court to appoint a counsel de oficio right to have compulsory process to secure the
when the accused has no legal counsel of choice and attendance of witnesses and the production of
desires to employ the services of one is MANDATORY evidence in his behalf.
only at the time of arraignment. (Sec. 6 Rule 116)
H. RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC
E. TO TESTIFY AS WITNESS IN HIS OWN BEHALF TRIAL
A denial of the defendants right to testify in his behalf The right to a speedy trial is intended to avoid
would constitute an unjustifiable violation of his oppression and to prevent delay by imposing on the
constitutional right. (People vs. Santiago, 46 Phil. 734) courts and on the prosecution an obligation to proceed
with reasonable dispatch.
If the accused testifies, he may be cross-examined but
ONLY on matters covered by his direct examination, The courts, in determining whether the right of the
unlike an ordinary witness who can be cross-examined accused to a speedy trial has been denied, should
as to any matter stated in the direct examination or consider such facts as the length of the delay, the
connected therewith (Section 6, Rule 132). His failure accuseds assertion or non-assertion of his right, and
to testify is not taken against him but failure to produce the prejudice to the accused resulting from the delay.
evidence in his behalf is considered against him (U.S.
vs. Bay, 97 Phil. 495). There is NO violation of the right where the delay is
imputable to the accused. (Solis vs. Agloro, 64 SCRA
F. RIGHT AGAINST SELF-INCRIMINATION 370)
The accused is protected under this rule from
questions which tend to incriminate him, that is, which REMEDIES AVAILABLE TO THE ACCUSED WHEN
may subject him to penal liability. HIS RIGHT TO A SPEEDY TRIAL IS VIOLATED
The right may be waived by the failure of the accused 1. He should ask for the trial of the case not for
to invoke the privilege at the proper time, that is, the dismissal;
AFTER the incriminating question is asked and before 2. Unreasonable delay of the trial of a criminal
his answer; case as to make the detention of defendant
illegal gives ground for habeas corpus as a
The privilege of the accused to be exempt from remedy for obtaining release so as to avoid
testifying as a witness involves a prohibition against detention for a reasonable period of time
testimonial compulsion only and the production by the 3. Accused would be entitled to relief in a
accused of incriminating documents, and articles mandamus proceeding to compel the dismissal
demanded from him. (U.S. vs. Tan Teng, 23 Phil. 145) of the information.

EXCEPTIONS: immunity statutes such as: IMPARTIAL TRIAL


1. RA 1379 Forfeiture of Illegally obtained Due process of law requires a hearing before an
wealth impartial and disinterested tribunal, and that every
2. RA 749 Bribery and Graft cases litigant is entitled to nothing less than the cold neutrality
of an impartial judge. (Mateo, Jr. vs. Villaluz, 50 SCRA
180)
Public trial one held openly or publicly; it is sufficient
that the relatives and friends who want to watch the PERIOD FOR ARRAIGNMENT OF THE ACCUSED
proceedings are given the opportunity to witness the Within 30 days from the filing of the information, or
proceedings. from the date the accused appealed before the
justice/judge/court in which the charge is pending,
EXCLUSION OF THE PUBLIC IS VALID WHEN: whichever date last occurs.
1. evidence to be produced is offensive to
decency or public morals;
2. upon motion of the accused; (Sec. 21, Rule WHEN SHALL TRIAL COMMENCE AFTER
119) ARRAIGNMENT
Within 30 days from arraignment, HOWEVER, it may
RULE ON TRIAL BY PUBLICITY be extended BUT only:
The right of the accused to a fair trial is not 1. for 180 days for the first 12 calendar month
incompatible to a free press. Pervasive publicity is not period from the effectivity of the law;
per se as prejudicial to the right to a fair trial. To 2. 120 days for the second 12 month period; and
warrant a finding of prejudicial publicity, there must be 3. 80 days for the third 12 month period.
allegations and proof that the judges have been unduly
influenced, not simply that they might be, by the
barrage of publicity. (People vs. Teehankee, 249 SCRA RULE 116
54) ARRAIGNMENT AND PLEA

I. RIGHT TO APPEAL ON ALL CASES Section 1. Arraignment and plea; how made.
ALLOWED BY LAW AND IN THE MANNER
PRESCRIBED BY LAW. Arraignment the formal mode of implementing the
The right to appeal from a judgment of conviction is constitutional right of the accused to be informed of the
fundamentally of statutory origin. It is not a matter of nature of the accusation against him.
absolute right, independently of constitutional or
statutory provisions allowing such appeal. WHERE AND HOW MADE:
1. Before the court where the complaint or
WAIVER OF THE RIGHT TO APPEAL information has been filed or assigned for trial;
The right to appeal is personal to the accused and 2. in open court, by the judge or clerk by
similarly to other rights of kindred nature, it may be furnishing the accused a copy of the complaint
waived either expressly or by implication. HOWEVER, or information with the list of the witnesses,
where death penalty is imposed, such right cannot be reading it in a language or dialect known to
waived as the review of the judgment by the COURT him and asking him of his plea;
OF APPEALS is automatic and mandatory (A.M. NO.
00-5-03-SC). RULES:
1. Trial in absentia is allowed only AFTER
arraignment;
THE SPEEDY TRIAL ACT OF 1998 2. Judgment is generally void if the accused has
(RA 8493) not been arraigned;
3. There can be no arraignment in absentia
DUTY OF THE COURT AFTER ARRAIGNMENT OF (accused must personally enter his plea);
AN ACCUSED 4. if the accused went to trial without
Court SHALL order a pre-trial conference to consider arraignment, but his counsel had the
the following: opportunity to cross-examine the witness of
1. plea bargaining; the prosecution and after the prosecution he
2. stipulation of facts; was arraigned the defect was cured;
3. marking for identification of evidence of
parties; If an information is amended MATERIALLY,
4. waiver of objections to admissibility of arraignment on the amended information is
evidence; and MANDATORY, except if the amendment is only as to
5. such other matter as will promote a fair and form;
expeditious trial;
Plea the matter which the accused, on his
TIME LIMIT FOR THE TRIAL OF CRIMINAL CASES: arraignment, alleges in answer to the charge against
SHALL NOT EXCEED 180 days from the first day of him.
trial, HOWEVER, this rule is NOT ABSOLUTE, for the
law provides for the following EXCEPTIONS: PERIOD TO PLEA
1. those governed by the Rules on Summary When the accused is under preventive detention: his
Procedure; or case shall be raffled and its records transmitted to the
2. where the penalty prescribed by law DOES judge to whom the case was raffled within 3 days from
NOT EXCEED 6 months imprisonment or a the filing of the information or complaint and the
fine of P1,000 or both; accused arraigned within 10 days from the date of the
3. those authorized by the Chief Justice of the raffle. The pre-trial conference of his case shall be held
SC; within 10 days after arraignment.
When the accused pleads guilty to a capital offense,
When the accused is NOT under preventive detention: the court shall:
unless a shorter period is provided by special law or 1. conduct a searching inquiry into the
Supreme Court circular, the arraignment shall be held voluntariness and full comprehension of the
within 30 days from the date the court acquires consequences of his plea;
jurisdiction over the person of the accused. The time of 2. require the prosecution to prove his guilt and
the pendency of a motion to quash, or for bill of the precise degree of his culpability;
particulars, or other causes justifying suspension of the 3. ask the accused if he desires to present
arraignment, shall be excluded in computing the evidence in his behalf and allow him to do so if
period. he desires.

WHEN SHOULD A PLEA OF NOT GUILTY BE To constitute searching inquiry, the questioning must
ENTERED focus on:
1. when the accused so pleaded 1. the voluntariness of the plea; and
2. when he refuses to plead 2. Whether the accused understood fully the
3. where in admitting the act charged, he sets up consequence of his plea.
matters of defense or with lawful justification
4. when he enters a conditional plea of guilt Section 5. Withdrawal of improvident plea of guilty.
5. where, after a plea of guilt, he introduces
evidence of self-defense or other exculpatory Plea of Guilty an unconditional admission of guilt,
circumstances freely, voluntarily and made with full knowledge of the
6. when the plea is indefinite or ambiguous consequences and meaning of his act and with a clear
An unconditional plea of guilt admits of the crime and understanding of the precise nature of the crime
all the attendant circumstances alleged in the charged in the complaint or information;
information including the allegations of conspiracy and
warrants of judgment of conviction without need of INSTANCES OF IMPROVIDENT PLEA
further evidence 1. plea of guilty was compelled by violence or
intimidation
2. the accused did not fully understand the
meaning and consequences of his plea
EXCEPT: (CAI DN) 3. insufficient information to sustain conviction of
1. Where the plea of guilty was compelled by the offense charged
violence or intimidation. 4. information does not charge an offense, any
2. When the accused did not fully understand the conviction thereunder being void
meaning and consequences of his plea. 5. court has no jurisdiction
3. Where the information is insufficient to sustain
conviction of the offense charged. At any time before the judgment of conviction becomes
4. Where the information does not charge an final, the court may permit an improvident plea of guilty
offense, any conviction thereunder being void. to be withdrawn and be substituted by a plea of not
5. Where the court has no jurisdiction. guilty.

The withdrawal of a plea of guilty is not a matter of


Section 2. Plea of Guilty to a lesser offense. right to the accused but of sound discretion to the trial
court. (People vs. Lambrino, 103 Phil. 504)
An accused may enter a plea of guilty to a lesser
offense PROVIDED that there is consent of the
offended party and the prosecutor to the plea of guilty Section 6. Duty of the court to inform accused of
to a lesser offense which is necessarily included in the his right to counsel.
offense charged.
DUTIES OF THE COURT WHEN THE ACCUSED
After arraignment but BEFORE trial, the accused may APPEARS BEFORE IT WITHOUT COUNSEL
still be allowed to plead guilty to a lesser offense after 1. It must inform the defendant that it is his right
withdrawing his plea of not guilty. In this plea of guilty to have an attorney before being arraigned;
to a lesser offense, no amendment of the complaint or 2. After giving him such information, the court
information is necessary. must ask him if he desires the aid of an
attorney;
If the accused entered a plea to a lesser offense 3. If he desires and is unable to employ one, the
WITHOUT the consent of the offended party and the court must assign an attorney de oficio to
prosecutor AND he was convicted, his subsequent defend him; and
conviction of the crime charged would NOT place him 4. If the accused desires to procure an attorney
in Double Jeopardy. of his own, the court must grant him
reasonable time therefor.
Section 3. Plea of guilty to capital offense;
reception of evidence. Section 7. Appointment of counsel de oficio.

PURPOSE
To secure to the accused, who is unable to engage the RULE 117
services of an attorney of his own choice, effective MOTION TO QUASH
representation by making it imperative on the part of
the court to consider in the appointment of counsel de Section 1. Time to move to quash.
oficio, the gravity of the offense and the difficulty of the
questions likely to arise in the case vis--vis the ability Motion to Quash - this presupposes that the accused
and experience of the prospective appointee. hypothetically admits the facts alleged, hence the court
in resolving the motion cannot consider facts contrary
to those alleged in the information or which do not
Section 8. Time for counsel de oficio to prepare for appear on the face of the information, except those
arraignment. admitted by the prosecution.

As to what is reasonable time, it depends upon the GENERAL RULE: The accused may move to quash
circumstances surrounding the case like the gravity of the complaint or information at any time BEFORE
the offense, complexity of the allegations in the entering his plea.
complaint or information, whether a motion to quash or
a bill of particulars has to be filed, and other similar EXCEPTION - Instances where a motion to quash may
considerations. be filed AFTER plea:
1. failure to charge an offense
2. lack of jurisdiction over the offense charged
Section 9. Bill of particulars. 3. extinction of the offense or penalty
4. the defendant has been in former jeopardy.
Accused may, AT or BEFORE arraignment, move for a
bill of particulars to enable him properly to plead and to Motion to Quash Demurrer to
prepare for trial. Evidence
filed before the filed after the
Just in civil cases, the bill of particulars here should be defendant enters prosecution has
considered an integral part of the complaint or his plea rested its case
information which it supplements. Does not go into based upon the
the merits of the inadequacy of the
The remedy against an indictment that fails to allege case but is evidence adduced
the time of commission of the offense with sufficient anchored on by the prosecution
definiteness is a motion for a bill of particulars, not a matters not directly in support of the
motion to quash. related to the accusation
question of guilt or
The failure to ask for Bill of Particulars amounts to a innocence of the
waiver of such right. accused
Governed by Rule governed by Rule
117 of the Rules of 119 of the Rules of
Section 10. Production or inspection of material Criminal Procedure Criminal Procedure
evidence in possession of prosecution.

Section 2. Form and contents.

FORM AND CONTENTS OF A MOTION TO QUASH


1. in writing
2. signed by the accused or his counsel
Section 11. Suspension of arraignment 3. shall specify distinctly the factual and legal
grounds therefor.
GROUNDS FOR SUSPENSION
The court shall consider no grounds other than those
1. the accused appears to be suffering from an stated in the motion, EXCEPT lack of jurisdiction over
unsound mental condition which effectively the offense charged and when the information does not
renders him unable to fully understand the charge an offense.
charge against him and to plead intelligently A motion to suspend the issuance of a warrant of
thereto; arrest should be considered as a motion to quash if the
allegations therein are to the effect that the facts
2. there exists a valid prejudicial question; and charged in the information do not constitute an offense.

3. a petition for review of the resolution of the RESOLUTION OF A MOTION TO QUASH


prosecutor is pending at the Department of A motion to quash must be resolved BEFORE trial and
Justice or the Office of the President; provided cannot defer the hearing and determination of said
that the period of suspension shall not exceed motion until trial on the merits as it would impair the
60 days counted from the filing of the petition. right of the accused to speedy trial.
2. If the motion to quash is sustained upon any of the
It may also be resolved at the preliminary investigation following grounds:
since the investigating officer or judge has the power to a) that a criminal action or liability has been
either dismiss the case or bind the accused over for extinguished;
trial by the proper court, depending on its b) that it contains averments which, if true,
determination of lack or presence of probable cause. would constitute a legal excuse or
justification; or
c) that the accused has been previously
convicted or acquitted of the offense
Section 3. Grounds. charged,
the court must state, in its order granting the
1. That the facts charged do not constitute an motion, the release of the accused if he is in
offense; custody or the cancellation of his bond if he is
2. That the court trying the case has no on bail.
jurisdiction over the offense charged;
3. That the court trying the case has no 3. If the ground upon which the motion to quash
jurisdiction over the person of the accused; was sustained is that the court has NO
4. That the officer who filed the information had jurisdiction over the offense, the better practice
no authority to do so; is for the court to remand or forward the case
5. That it does not conform substantially to the to the proper court, not to quash the complaint
prescribed form; or information.
6. That more that one offense is charged except
when a single punishment for various offenses The prosecution may elevate to the Higher Courts
is prescribed by law; an order granting a motion to quash.
7. That the criminal action or liability has been
extinguished; PROCEDURE IF MOTION TO QUASH IS DENIED
8. That it contains averments which, if true would 1. accused should plead;
constitute a legal excuse or justification; and 2. accused should go to trial without prejudice to
9. That the accused has been previously the special defenses he invoked in the motion;
convicted or acquitted of the offense charged, 3. appeal from the judgment of conviction, if any,
or the case against him was dismissed or and interpose the denial of the motion as an
otherwise terminated without his express error.
consent.
An order denying a motion to quash is
Section 4. Amendment of complaint or information INTERLOCUTORY and NOT APPEALABLE. Appeal in
due time, as the proper remedy, implies a previous
If an alleged defect in the complaint or information, conviction as a result of a trial on the merits of the case
which is the basis of a motion to quash, can be cured and does not apply to an interlocutory order denying a
by amendment, the court shall order the amendment motion to quash.
instead of quashing the complaint or information. If,
after the amendment, the defect is still not cured, the The denial by the trial court of a motion to quash
motion to quash should be granted. CANNOT be the subject of a petition for certiorari,
prohibition or mandamus in another court of coordinate
Section 5. Effect of sustaining the motion to quash. rank.

EFFECTS IF COURT SUSTAINS THE MOTION TO


QUASH Section 6. Order sustaining the motion to quash
1. If the ground of the motion is either: not a bar to another prosecution.
a) that the facts charged do not constitute an
offense; or A motion SUSTAINING the motion to quash is NOT a
b) that the officer who filed the information bar to another prosecution for the same offense
had no authority to do so, or UNLESS:
c) that it does not conform substantially to the 1. the motion was based on the ground that the
prescribed form; or criminal action or liability has been
d) that more than one offense is charged, extinguished, AND
the court may order that another information 2. that the accused has been previously
be filed or an amendment thereof as the case convicted or in jeopardy of being convicted or
may be within a definite period. If such order is acquitted of the offense charged.
NOT MADE, or if having been made, another
information is NOT FILED within a time to be Section 7. Former conviction or acquittal; double
specified in the order, or within such time as jeopardy.
the court may allow, the accused, if in custody,
shall be discharged therefrom, unless he is Double Jeopardy means that when a person is
also in custody on some other charge. charged with an offense and the case is terminated
either by acquittal or conviction or in any other manner
without the consent of the accused, the latter cannot 1. The graver offense developed due to
again be charged with the same or identical offense. supervening facts arising from the same act or
omission constituting the former charge.
REQUISITES FOR DOUBLE JEOPARDY UNDER 2. The facts constituting the graver charge
SECTION 7 became known or were discovered only after a
plea was entered in the former complaint or
It is necessary that in the first case that- information.
1. the complaint or information or other formal 3. The plea of guilty to the lesser offense was
charge was sufficient in form and substance to made without the consent of the prosecutor
sustain a conviction; and of the offended party; except when the
2. the court had jurisdiction; offended party failed to appear during the
3. the accused had been arraigned and had arraignment.
pleaded; and
4. he was convicted or acquitted or the case was In any of these instances, such period of the sentence
dismissed without his express consent; as may have been served by the accused under the
former conviction shall be credited against and
When all these circumstances are present, they deducted from the sentence he has to serve should he
constitute a BAR to a second prosecution for be convicted under the subsequent prosecution.
1. the same offense, or
2. an attempt to commit the said offense, or B. SAME EVIDENCE TEST - whether the facts as
alleged in the second information, if proved, would
have been sufficient to sustain the former
3. a frustration of the said offense, or information, or from which the accused may have
4. any offense which necessarily includes or is been acquitted or convicted.
necessarily included in the first offense
charged. Section 8. Provisional dismissal.

The discharge of a defendant on a preliminary GENERAL RULE: Where the case was dismissed
investigation is NOT such an adjudication in his favor provisionally with the consent of the accused, he
as will bar subsequent prosecution for the offense. This CANNOT invoke double jeopardy in another
is because, a preliminary investigation is not a trial and prosecution therefor OR where the case was reinstated
does not have for its object that of determining on a motion for reconsideration by the prosecution.
definitely the guilt of the accused. Further, the accused
ha snot yet been arraigned. EXCEPTIONS: Where the dismissal was actually an
acquittal based on:
DISMISSAL vs. ACQUITTAL a) lack or insufficiency of the evidence; or
b) denial of the right to speedy trial, hence, even
Acquittal is always based on the merits, that is, the if the accused gave his express consent to
defendant is acquitted because the evidence does not such dismissal or moved for such dismissal,
show defendants guilt beyond reasonable doubt; but such consent would be immaterial as such
Dismissal does not decide the case on the merits or dismissal is actually an acquittal.
that the defendant is not guilty.
REQUISITES
If an act is punished by a law and an ordinance, even if 1. consent of the prosecutor
they are considered as different offenses, conviction or 2. consent of the accused
acquittal under either shall constitute a bar to another 3. notice to the offended party
prosecution for the same act.
If a case is provisionally dismissed with the consent of
If a single act is punished by two different provisions of the prosecutor and the offended party, the failure to
law or statutes, but each provision requires proof of an reinstate it within the given period will make the
additional fact which the other does not so require, dismissal permanent.
neither conviction nor acquittal in one will bar a
prosecution for the other. (Perez vs. Court of Appeals,
163 SCRA 236) PERIOD FOR REINSTATEMENT:
a. offenses punishable by imprisonment not
TESTS FOR DETERMINING WHETHER THE TWO exceeding 6 years = ONE YEAR
OFFENSES ARE IDENTICAL: b. offenses punishable by imprisonment of more
than 6 years = TWO YEARS
A. SAME OFFENSE TEST - There is IDENTITY
between two offenses not only when the second Otherwise the dismissal shall be removed from being
offense is exactly the same as the first, but ALSO provisional and becomes permanent.
when the second offense is an attempt to or
frustration of, OR is necessarily included in the Section 9. Failure to move to quash or to allege any
offense charged in the first information. ground therefor.

EXCEPTIONS TO THE IDENTITY RULE:


All grounds for a motion to quash are WAIVED if NOT execute the signed by the judge
seasonably raised, EXCEPT: warrant by taking and directed to the
a) when the information does not charge an the person stated peace officer to
offense; therein into custody search personal
b) lack of jurisdiction of the court; that he may be property described
c) extinction of the offense or penalty; and bound to answer therein and to bring
d) double jeopardy. for the commission it to court.
of the offense. (sec. 1)
Does not become validity is for 10
stale days only (sec. 9)

RULE 126 May be served on to be served only in


SEARCH AND SEIZURE any day and at any daytime unless the
time of day or affidavit alleges that
Section 1. Search warrant defined. night. the property is on
(sec. 6, rule 113). the person or in the
Search Warrant an order in writing issued in the place to be
name of the People of the Philippines, signed by a searched. (sec. 8)
judge and directed to a peace officer commanding him upon probable cause to be determined
to search for personal property described therein and personally by the judge after
bring it before the court. examination in writing and under oath
in the form of searching answers and
ELEMENTS OF SEARCH WARRANT: questions.
1. order in writing Only issued if there sworn statements
2. signed by the judge in the name of the People is a necessity of and affidavits of
of the Philippines placing accused complainant and
3. commanding a peace officer to search under immediate witnesses must be
personal property custody submitted to court.
4. bring the property before the court

NATURE OF SEARCH WARRANTS Test to determine Particularity


Search warrants are in the nature of criminal process 1. When the description therein as specific as the
and may be invoked only in furtherance of public circumstances will ordinarily allow
prosecutions. Search warrants have no relation to civil 2. When the description express a conclusion of
process or trials and are not available to individuals in fact- not of law which the warrant officer may
the course of civil proceedings, nor for the be guided in making the search and seizure.
maintenance of any mere private right. 3. When the things described are limited to those
which bear direct relation to the offense for
SEARCH vs. SEIZURE which the warrant is being issued.
The term search as applied to searches and seizures
is an examination of a mans house or other buildings EXCEPTION:
or premises or of his person with a view to the AN APPLICATION FOR SEARCH WARRANT SHALL
discovery of contraband or illicit or stolen property or BE FILED WITH THE FF:
some evidence of guilt to be used in the prosecution of 1. any court within whose territorial jurisdiction a
a criminal action for some offense with which he is crime was committed;
charged. 2. any court within the judicial region where the
crime was committed if the place of the
A seizure is the physical taking of a thing into custody. commission of the crime is known, or any court
within the judicial region where the warrant
General Warrant a search warrant which vaguely shall be enforced;
describes and DOES NOT particularize the personal 3. HOWEVER, if the criminal action has been
properties to be seized without a definite guideline to filed, the application shall only be made in the
the searching team as to what items might be lawfully court where the criminal action is pending.
seized, thus giving the officers of the law discretion Section 3. Personal property to be seized.
regarding what articles they should seize.
Kinds of property to be seized by virtue of a warrant:
A general warrant is NOT VALID as it infringes on the 1. subject of the offense;
constitutional mandate requiring particular description 2. proceeds or fruits of the offense;
of the things to be seized. 3. the means used or intended to be used for
committing an offense.
WARRANT OF SEARCH The rule does not require that the property to be seized
ARREST WARRANT should be owned by the person against whom the
search warrant is directed. It may or may not be owned
Order directed to Order in writing in by him.
the peace officer to the name of the RP
In a search incidental to an arrest even WITHOUT a When may a search warrant be said to particularly
warrant the person arrested may be searched for: describe the thing to be seized:
1. dangerous weapons, and 1. the description therein is as specific as the
2. anything which may be used as proof of the circumstances will allow;
commission of an offense. 2. when it expresses a conclusion of fact by
which the warrant may be guided; or
3. when the things described are limited to those
Section 4. Requisites for issuing Search warrant. which bear a direct relation to the offense for
which the warrant is issued.
REQUISITES
1. must be issued upon probable cause; PROBABLE CAUSE - facts and circumstances which
2. probable cause must be determined by the could lead a reasonable, discreet and prudent man to
issuing judge personally; believe that the property subject of an offense is in the
3. the judge must have personally examined, in place sought to be searched.
the form of searching questions and answers,
the applicant and his witnesses and taken MULTI FACTOR BALANCING TEST in determining
down their written depositions; Probable Cause:
4. the search warrant must particularly describe One which requires the officer to weigh the manner
or identify the property to be seized as far as and intensity of the interference on the right of the
the circumstances will ordinarily allow; people, the gravity of the crime committed, and the
5. the warrant issued must particularly describe circumstances attending the incident.
the place to be searched and the persons or
things to be seized; Section 5. Examination of complainant; record.
6. it shall issue only for one specific purpose; and
7. it must not have been issued more than 10 Manner on how a judge should examine a witness to
days prior to the search made pursuant determine the existence of probable cause:
thereto. 1. the judge must examine the witnesses
personally
A search warrant shall not issue but upon probable 2. the examination must be under oath
cause in connection with one specific offense. 3. the examination must be reduced to writing in
the form of searching questions and answers
Party who may question validity of search and
seizure: Such personal examination is necessary in order to
Well settled is the rule that the legality of a seizure can enable the judge to determine the existence or non-
be contested only by the party whose rights have been existence of a probable cause.
impaired thereby, and that the objection to an unlawful
search and seizure is purely personal and cannot be Section 6. Issuance and form or search warrant.
availed of by third parties.
ISSUANCE OF SEARCH WARRANT
REMEDIES FROM AN UNLAWFUL SEARCH The Constitution ordains that no warrant shall issue but
1. a motion to quash the search warrant, and upon probable cause supported by oath or affirmation.
2. a motion to suppress as evidence the objects
illegally taken. (EXCLUSIONARY RULE any FORM OF SEARCH WARRANT
evidence obtained through unreasonable The search warrant must be in writing and must
searches and seizures shall be inadmissible contain such particulars as the name of the person
for any purpose in any proceeding) against whom it is directed, the offense for which it was
3. Replevin, if the objects are legally possessed. issued, the place to be searched and the specific
things to be seized.
The remedies are alternative; if a motion to quash is
denied, a motion to suppress cannot be availed of An application for a search warrant is heard ex-parte. It
subsequently. is neither a trial nor a part of the trial. The examination
or investigation, which must be under oath may not be
Where the search warrant is a PATENT NULLITY, in public. It may be even held in the secrecy of the
certiorari lies to nullify the same. chambers. It must be under oath and must be in
The illegality of the search warrant does not call for the writing.
return of the things seized, the possession of which is
prohibited by law. HOWEVER, those personalities Section 8. Search of house, room, or premises to
seized in violation of the constitutional immunity whose be made in presence of two witnesses.
possession is not of itself illegal or unlawful ought to be
returned to their rightful owner or possessor. In order to insure that the execution of the warrant will
be fair and reasonable, and in order to insure that the
Any evidence obtained in violation of the constitutional officer conducting the search shall NOT exceed his
immunity against unreasonable searches and seizures authority or use unnecessary severity in executing the
are inadmissible for any purpose in any proceeding search warrant, as well as for the officers own
(Section 2, Article III, 1987 Constitution).
protection against unjust accusations, it is required that b. search and seizure must be
the search be conducted in the presence of the: contemporaneous with arrest;
1. lawful occupant of the place to be searched, c. search must be within permissible area;
2. or any member of his family, (i.e. STOP AND FRISK search which allows a
3. or in their absence, in the presence of two limited protective search of outer clothing for
witnesses of sufficient age and discretion weapons)
residing in the same locality. 3. when there are prohibited articles open to eye
This requirement is mandatory. and hand; (PLAINVIEW DOCTRINE)
4. when there is consent, subject to the following
Section 9. Time of making search. conditions: (consented search)
a. there is a right;
GENERAL RULE: b. there must be knowledge of the existence
A search warrant must be served in the day time. of such right;
c. there must be intention to waive;
EXCEPTION: 5. when it is incident of inspection;
A search warrant may be made at night when it is 6. under the Tariff and Customs Code for
positively asserted in the affidavit that the property is purposes of enforcing customs and tariff laws;
on the person or in the place ordered to be searched 7. searches and seizures of vessels and aircraft;
(Alvares vs. CFI of Tayabas, 64 Phil. 33). The affidavit this extends to the warrantless search of a
making such assertion must itself be sufficient as to the motor vehicle for contraband;
fact so asserted, for if the same is based upon
hearsay, the general rule shall apply. Search and seizure of vessels and aircraft may validly
be made without a search warrant because the vessel
A search warrant conducted at night without direction or aircraft can quickly move out of the jurisdiction
to that effect is an unlawful search. The same rule before such warrant could be secured.
applies where the warrant left blank the time for
making the search. The remedy for questioning the validity of a search
warrant can only be sought in the court that issued it,
A public officer or employee who exceeds his authority not in the sala
or uses unnecessary severity in executing the warrant
is liable under Article 129 of the Revised Penal Code.
of another judge of concurrent jurisdiction. Except
Section 10. Validity of search warrant. where there is already a case filed, the latter shall
acquire jurisdiction to the exclusion of other courts.
10 days from its date, thereafter, it shall be void. A
search warrant can be used only once, thereafter it Waiver of legality and admissibility
becomes functus oficio. Objection to the legality of the search warrant as to the
admissibility of the evidence obtained or deemed
While, under section 10, a search warrant has a waived where no objection of the search warrant was
validity of 10 days, NEVERTHELESS, it CANNOT be raised during the trial of the case nor to the
used every day of said period and once articles have admissibility of the evidence obtained through said
already been seized under said warrant, it CANNOT be warrant.
used again for another search and seizure, EXCEPT Section 14. A motion to quash a search warrant or
when the search conducted on one day was to suppress evidence; where to file.
interrupted, in which case the same may be continued
under the same warrant the following day if not beyond IN WHAT COURT MAY A MOTION TO QUASH BE
10 day period. (Uy Kheytin vs. Villareal, 42 Phil. 886) FILED:
1. before the court that issued the warrant;
Section 12. Delivery of [property and inventory 2. under the CRIMINAL CASE RULE, all the
thereof to court; return and proceedings thereon. incidents arising from the Search Warrant
should be consolidated in the court where the
The law imposes upon the person making the search criminal case is pending;
the duty to issue a detailed receipt for the property 3. under the ALTERNATIVE REMEDY RULE,
seized. Additionally, he is likewise required to make a with the court which issued the search warrant.
return of the warrant to the court which issued it, In this motion, all grounds for objection existent
together with an inventory of the property seized. or available and known at the time MUST BE
INVOKED, otherwise, they are deemed
Section 13. Search incident to lawful arrest. waived.

WHEN MAY THERE BE A SEARCH WITHOUT The legality of the search warrant should be addressed
WARRANT to the court issuing the search warrant and not to any
1. in times of war within the area of military other court to foster judicial stability (Pagkalinawan vs.
operation; Gomez, 23 SCRA 1275).
2. as an incident of a lawful arrest, subject to the
following requisites:
a. arrest must be lawful;
Filing of motion to quash is without prejudice to any
proper recourse to the appropriate higher court by the
party aggrieved.

CRIMINAL PROCEDURE: Information

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
MANILA, BRANCH 911

PEOPLE OF THE PHILIPPINES


PLAINTIFF,

-VERSUS-
CRIM. CASE NO. ___________

HANNAH MAE VENTURA


ACCUSED.

INFORMATION2

The undersigned accuses HANNAH MAE VENTURA of the crime of MURDER 3,


committed as follows:

That on or about December 5, 2004 4, in Batute, Manila5, Philippines, within the jurisdiction
of this court, the said accused did, then and there, with malice aforethought and with
deliberate intent to take the life of RENEE JOI ZABALA 6, willfully, unlawfully, feloniously,
suddenly, unexpectedly, and treacherously attack the latter with a metal fork, first
wounding her in the back, and afterwards, when enfeebled and unable to defend herself,
again stabbed her in the neck, both wounds being necessarily mortal 7, thereby causing the
direct and immediate death of said RENEE JOI ZABALA.

CONTRARY TO LAW.

April 28, 2005.

__Sgd. Fiscal Happy__

(City/Provincial Fiscal)8

Name of the accused, Sec. 7, Rule 110.


2
Information, Sec. 4, Rule 110.
3
Designation of the offense, Sec. 8, Rule 110.
4
Date of commission of the offense, Sec. 11, Rule 110.
5
Place of commission of the offense, Sec. 10, Rule 110.
6
Name of the offended party, Sec. 12, Rule 110.
7
Cause of the accusation, Sec. 9, Rule 110.
8
Subscribed by the prosecutor, Sec. 4, Rule 110.
CRIMINAL PROCEDURE
(a) The Motion for Reconsideration should be denied.
Acquittal; Effect (2002) The ground that the demurrer to evidence applied only
to the criminal aspect of the case was not correct
Delia sued Victor for personal injuries which she because the criminal action for violation of Batas
allegedly sustained when she was struck by a car Pambansa Blg. 22 included the corresponding civil
driven by Victor. May the court receive in evidence, action. (Sec. 1(b) of Rule 111).
over proper and timely objection by Delia, a certified
true copy of a judgment of acquittal in a criminal (b) The accused was not entitled to adduce
prosecution charging Victor with hit-and-run driving in controverting evidence on the civil liability, because he
connection with Delias injuries? Why? (3%) filed his demurrer to evidence without leave of court.
(Sec. 23 of Rule 119).
SUGGESTED ANSWER:
Actions; Commencement of an Action; Double
If the judgment of acquittal in the criminal case finds Jeopardy (2004)
that the act or omission from which the civil liability
may arise does not exist, the court may receive it in SPO1 CNC filed with the MTC in Quezon City (MeTC-
evidence over the objection by Delia. [Rule 111, sec. 2, QC) a sworn written statement duly subscribed by him,
last paragraph]. charging RGR (an actual resident of Cebu City) with
the offense of slight physical injuries allegedly inflicted
ALTERNATIVE ANSWER: on SPS (an actual resident of Quezon City). The
If the judgment of acquittal is based on reasonable Judge of the branch to which the case was raffled
doubt, the court may receive it in evidence because in thereupon issued an order declaring that the case shall
such case, the civil action for damages which may be be governed by the Rule on Summary Procedure in
instituted requires only a preponderance of the criminal cases. Soon thereafter, the Judge ordered the
evidence. (Art. 29, Civil Code). dismissal of the case for the reason that it was not
commenced by information, as required by said Rule.

Actions; BP22; Civil Action deemed included (2001) Sometime later, based on the same facts giving rise to
the slight physical injuries case, the City Prosecutor
Saturnino filed a criminal action against Alex for the filed with the same MeTC-QC an information for
latters bouncing check. On the date of the hearing attempted homicide against the same RGR. In due
after the arraignment, Saturnino manifested to the time, before arraignment, RGR moved to quash the
court that he is reserving his right to file a separate civil information on the ground of double jeopardy and after
action. The court allowed Saturnino to file a civil action due hearing, the Judge granted his motion. Was the
separately and proceeded to hear the criminal case. dismissal of the complaint for slight physical injuries
Alex filed a motion for reconsideration contending that proper? Was the grant of the motion to quash the
the civil action is deemed included in the criminal case. attempted homicide information correct? Reason (5%)
The court reconsidered its order and ruled that
Saturnino could not file a separate action. Is the courts SUGGESTED ANSWER:
order granting the motion for reconsideration correct?
Why? (5%) Yes, the dismissal of the complaint for slight physical
injuries is proper because in Metropolitan Manila and in
SUGGESTED ANSWER: chartered cities, the case has to be commenced only
Yes, the courts order granting the motion for by information. (Sec. 11, Revised Rule on Summary
reconsideration is correct. The Rules provide that the Procedure).
criminal action for violation of B.P. Blg. 22 shall be
deemed to include the corresponding civil action, and No, the grant of the motion to quash the attempted
that no reservation to file such civil action separately homicide information on the ground of double jeopardy
shall be allowed. [Sec. 1(b), Rule 111, Revised Rules was not correct, because there was no valid
of Criminal Procedure] prosecution for slight physical injuries.

Actions; BP22; Demurrer to Evidence (2003)


Actions; Discretionary Power of Fiscal (1999)
In an action for violation of Batas Pambansa Big. 22,
the court granted the accuseds demurrer to evidence A filed with the Office of the Fiscal a Complaint for
which he filed without leave of court. Although he was estafa against B. After the preliminary investigation, the
acquitted of the crime charged, he, however, was Fiscal dismissed the Complaint for lack of merit. May
required by the court to pay the private complainant the the Fiscal be compelled by mandamus to file the case
face value of the check. The accused filed a Motion of in court? Explain. (2%)
Reconsideration regarding the order to pay the face
value of the check on the following grounds: a) the SUGGESTED ANSWER:
demurrer to evidence applied only too the criminal
aspect of the case; and b) at the very least, he was No. The public prosecutor may not be compelled by
entitled to adduce controverting evidence on the civil mandamus to file the case in court because the
liability. Resolve the Motion for Reconsideration. (6%) determination of probable cause is within the discretion
of the prosecutor. The remedy is an appeal to the
SUGGESTED ANSWER: Secretary of Justice. (Sec. 4 Rule 112.)
par., Rule 112, a preliminary investigation is not
required. (Note: The penalty is not stated in the
Actions; Injunction (1999) question.)

Will injunction lie to restrain the commencement of a


criminal action? Explain. (2%) Arrest; Warrantless Arrests & Searches (1997)

SUGGESTED ANSWER: A was killed by B during a quarrel over a hostess in a


nightclub. Two days after the incident, and upon
As a general rule, injunction will not lie to restrain a complaint of the widow of A, the police arrested B
criminal prosecution except: without a warrant of arrest and searched his house
a) To afford adequate protection to the constitutional without a search warrant.
rights of the accused;
b) When necessary for the orderly administration of a) Can the gun used by B in shooting A, which was
justice or to avoid oppression or multiplicity of actions; seized during the search of the house of B, be
c) When double jeopardy is clearly apparent; admitted in evidence?
d) Where the charges are manifestly false and b) Is the arrest of B legal?
motivated by the lust for vengeance; c) Under the circumstances, can B be convicted of
e) Where there is clearly no prima facie case against homicide?
the accused and a motion to quash on that ground has
been denied. SUGGESTED ANSWER:

(See cases cited in Roberts, Jr., vs. Court of Appeals, (a) No. The gun seized during the search of the house
254 SCRA 307 [1996] and Brocka v. Enrile, 192 SCRA of B without a search warrant is not admissible in
183 [1990].) evidence. (Secs. 2 and 3[2], Art. III of Constitution).
Moreover, the search was not an incident to a lawful
arrest of a person under Sec. 12 of Rule 126.
Arrest; Warrantless Arrest; Preliminary Investigation
(2004) (b) No. A warrantless arrest requires that the crime has
in fact just been committed and the police arresting has
AX swindled RY in the amount of P10,000 sometime in personal knowledge of facts that the person to be
mid-2003. On the strength of the sworn statement arrested has committed it. (Sec. 5, Rule 113). Here, the
given by RY personally to SPO1 Juan Ramos crime has not just been committed since a period of
sometime in mid-2004, and without securing a warrant, two days had already lapsed, and the police arresting
the police officer arrested AX. Forthwith the police has no such personal knowledge because he was not
officer filed with the City Prosecutor of Manila a present when the incident happened. (Go vs. Court of
complaint for estafa supported by RY"s sworn Appeals. 206 SCRA 138).
statement and other documentary evidence. After due
inquest, the prosecutor filed the requisite information (c) Yes. The gun is not indispensable in the conviction
with the MM RTC. No preliminary investigation was of A because the court may rely on testimonial or other
conducted either before or after the filing of the evidence.
information and the accused at no time asked for such
an investigation. However, before arraignment, the
accused moved to quash the information on the ground Arrest; Warrantless Arrests & Seizures (2003)
that the prosecutor suffered from a want of authority to
file the information because of his failure to conduct a In a buy-bust operation, the police operatives arrested
preliminary investigation before filing the information, the accused and seized from him a sachet of shabu
as required by the Rules of Court. Is the warrantless and an unlicensed firearm. The accused was charged
arrest of AX valid? Is he entitled to a preliminary in two Informations, one for violation of the Dangerous
investigation before the filing of the information? Drug Act, as amended, and another for illegal
Explain. (5%) possession of firearms.

SUGGESTED ANSWER: The accused filed an action for recovery of the firearm
in another court against the police officers with an
No. The warrantless arrest is not valid because the application for the issuance of a writ of replevin. He
alleged offense has not just been committed. The alleged in his Complaint that he was a military informer
crime was allegedly committed one year before the who had been issued a written authority to carry said
arrest. (Sec. 5 (b) of Rule 113). firearm. The police officers moved to dismiss the
complaint on the ground that the subject firearm was in
Yes, he is entitled to a preliminary investigation custodia legis. The court denied the motion and
because he was not lawfully arrested without a warrant instead issued the writ of replevin.
(See Sec. 7 of Rule 112). He can move for a
reinvestigation. (a) Was the seizure of the firearm valid?

ALTERNATIVE ANSWER: (b) Was the denial of the motion to dismiss proper? 6%
He is not entitled to a preliminary investigation because
the penalty for estafa is the sum of P10,000 does not SUGGESTED ANSWER:
exceed 4 years and 2 months. Under Sec. 1, second
(a) Yes, the seizure of the firearm was valid because it acquitting A on the ground that the evidence pointed to
was seized in the course of a valid arrest in a buy-bust the NPA as the killers of the victim.
operation. (Sec. 12 and 13 of Rule 126) A search
warrant was not necessary. (People v. Salazar, 266 Was the Court of Appeal's denial of A's application
SCRA 607 [1997]). for bail proper? [2%]
Can B and C be benefited by the decision of the Court
(b) The denial of the motion to dismiss was not proper. of Appeals? [3%]
The court had no authority to issue the writ of replevin
whether the firearm was in custodia legis or not. The SUGGESTED ANSWER:
motion to recover the firearm should be filed in the 1, Yes, the Court of Appeals properly denied A's
court where the criminal action is pending. application for bail. The court had the discretion to do
so. Although A was convicted of homicide only, since
he was charged with a capital offense, on appeal he
Arrest; Warrantless Arrests; Objection (2000) could be convicted of the capital offense. (Obosa vs.
Court of Appeals, 266 SCRA 281.)
FG was arrested without a warrant by policemen while
he was walking in a busy street. After preliminary ALTERNATIVE ANSWER:
investigation, he was charged with rape and the
corresponding information was filed in the RTC. On Under Circular No. 2-92, A is entitled to bail because
arraignment, he pleaded not guilty. Trial on the merits he was convicted of homicide and hence the evidence
ensued. The court rendered judgment convicting him. of guilt of murder is not strong.
On appeal, FG claims that the judgment is void
because he was illegally arrested. If you were the SUGGESTED ANSWER:
Solicitor General, counsel for the People of the 2. B, who did not appeal, can be benefited by the
Philippines, how would you refute said claim? (5%) decision of the Court of Appeals which is favorable and
applicable to him. (Sec. 11 [a]. Rule 122, Rules of
SUGGESTED ANSWER: Criminal Procedure.) The benefit will also apply to C
even if his appeal is dismissed because of his escape.
Any objection to the illegality of the arrest of the
accused without a warrant is deemed waived when he
pleaded not guilty at the arraignment without raising Bail; Application; Venue (2002)
the question. T is too late to complain about a
warrantless arrest after trial is commenced and If an information was filed in the RTC-Manila charging
completed and a judgment of conviction rendered D with homicide and he was arrested in Quezon City,
against the accused. (People v. Cabiles, 284 SCRA in what court or courts may he apply for bail? Explain.
199, (3%)
[1999])
SUGGESTED ANSWER:
D may apply for bail in the RTC-Manila where the
information was filed or in the RTC-Quezon City where
he was arrested, or if no judge, thereof is available,
Bail (2002) with any metropolitan trial judge, municipal trial judge
or municipal circuit trial judge therein. (Rule 114, sec.
D was charged with murder, a capital offense. After 17).
arraignment, he applied for bail. The trial court ordered
the prosecution to present its evidence in full on the
ground that only on the basis of such presentation Bail; Forms of Bail (1999)
could it determine whether the evidence of Ds guilt
was strong for purposes of bail. Is the ruling correct? In what forms may bail be given? (2%)
Why? (3%) SUGGESTED ANSWER:
Bail may be given by a corporate surety, or through a
SUGGESTED ANSWER: property bond, cash deposit or recognizance.

No, the prosecution is only required to present as


much evidence as is necessary to determine whether Bail; Matter of Right (1999)
the evidence of Ds guilt is strong for purposes of bail.
(Rule 114, sec. 8). When the accused is entitled as a matter of right to
bail, may the Court refuse to grant him bail on the
ground that there exists a high degree of probability
Bail; Appeal (1998) that he will abscond or escape? Explain. (2%)

In an information charging them of Murder, policemen SUGGESTED ANSWER:


A, B and C were convicted of Homicide. A appealed
from the decision but B and C did not. B started If bail is a matter of right, it cannot be denied on the
serving his sentence but C escaped and is at large. In ground that there exists a high degree of probability
the Court of Appeals, A applied for bail but was denied. that the accused will abscond or escape. What the
Finally, the Court of Appeals rendered a decision court can do is to increase the amount of the bail. One
of the guidelines that the judge may use in fixing a
reasonable amount of bail is the probability of the strong (Sec. 4, Rule 114, 2000 Rules of Criminal
accused appearing in trial. Procedure).

Bail is discretionary: Upon conviction by the RTC of an


Bail; Matter of Right vs. Matter of Discretion (1999) offense not punishable by death, reclusion perpetua or
life imprisonment (Sec. 5, Rule 114, 2000 Rules of
When is bail a matter of right and when is it a matter of Criminal Procedure).
discretion? (2%)

SUGGESTED ANSWER: Bail; Witness Posting Bail (1999)

When Bail is a matter of right: May the Court require a witness to post bail? Explain
your answer. (2%)
All persons in custody shall (a) before or after
conviction by the metropolitan and municipal trial SUGGESTED ANSWER:
courts, and (b) before conviction by the RTC of an
offense not punishable by death, reclusion perpetua or Yes. The court may require a witness to post bail if he
life imprisonment, be admitted to bail as a matter of is a material witness and bail is needed to secure his
right, with sufficient sureties, or be released on appearance. The rules provide that when the court is
recognizance as prescribed by law or Rule 114. (Sec. satisfied, upon proof or oath, that a material witness
4, Rule 114, Rules of Court, as amended by Circular will not testify when required, it may, upon motion of
No. 12-94.) either party, order the witness to post bail in such sum
as may be deemed proper. Upon refusal to post bail,
When bail is a matter of discretion: the court shall commit him to prison until he complies
Upon conviction by the RTC of an offense not or is legally discharged after his testimony is taken.
punishable by death, reclusion perpetua or life (Sec. 6, Rule 119)
imprisonment, on application of the accused. If the
penalty of imprisonment exceeds six years but not
more than 20 years, bail shall be denied upon a Complaint vs. Information (1999)
showing by the prosecution, with notice to the accused,
of the following or other similar circumstances: Distinguish a Complaint from Information. (2%)

a) That the accused is a recidivist, quasi-re- SUGGESTED ANSWER:


cidivist or habitual delinquent, or has
committed the crime aggravated by the In criminal procedure, a complaint is a sworn written
circumstance of reiteration; statement charging a person with an offense,
subscribed by the offended party, any peace officer or
b) That the accused is found to have previously other peace officer charged with the enforcement of
escaped from legal confinement, evaded the law violated. (Sec. 3, Rule 110, 1985 Rules of
sentence, or has violated the conditions of his Criminal Procedure); while an information is an
bail without valid justification; accusation in writing charging a person with an offense
subscribed by the prosecutor and filed with the court.
c) That the accused committed the offense while (Sec. 4, Id.)
on probation, parole, or under conditional
pardon;
Demurrer to Evidence; Contract of Carriage (2004)
d) That the circumstances of the accused or his
case indicate the probability of flight if released AX, a Makati-bound paying passenger of PBU, a public
on bail; or utility bus, died instantly on board the bus on account
of the fatal head wounds he sustained as a result of
e) That there is undue risk that during the the strong impact of the collision between the bus and
pendency of the appeal, the accused may a dump truck that happened while the bus was still
commit another crime. (Sec. 1, Id.) travelling on EDSA towards Makati. The foregoing
facts, among others, were duly established on
evidence-in-chief by the plaintiff TY, sole heir of AX, in
TYs action against the subject common carrier for
Bail; Matter of Right vs. Matter of Discretion (2006) breach of contract of carriage. After TY had rested his
case, the common carrier filed a demurrer to evidence,
When is bail a matter of right and when is it a matter of contending that plaintiffs evidence is insufficient
discretion? (5%) because it did not show (1) that defendant was
negligent and (2) that such negligence was the
SUGGESTED ANSWER: proximate cause of the collision. Should the court grant
or deny defendant's demurrer to evidence? Reason
Bail is a matter of right (a) before or after conviction by briefly. (5%)
the inferior courts; (b) before conviction by the RTC of
an offense not punishable by death, reclusion perpetua SUGGESTED ANSWER:
or life imprisonment., when the evidence of guilt is not
No. The court should not grant defendant's demurrer to preventing Carlos from presenting his evidence and
evidence because the case is for breach of contract of rendering judgment on the basis of the evidence for the
carriage. Proof that the defendant was negligent and prosecution? Why? (5%)
that such negligence was the proximate cause of the
collision is not required. (Articles 1170 and 2201, SUGGESTED ANSWER:
Civil Code; (Mendoza v. Phil. Airlines, Inc., 90 Phil. 836
[1952]; Batangas Transportation Co. v. Caguimbal, 22 Yes, because the demurrer to the evidence was filed
SCRA171 U 968]; Abeto v. PAL, 115 SCRA 489 [1982]; without leave of court. The Rules provide that when the
Aboitiz v. Court of Appeals, 129 SCRA 95 [1984]). demurrer to evidence is filed without leave of court, the
accused waives the right to present evidence and
submits the case for judgment on the basis of the
Demurrer to Evidence; w/o Leave of Court (1998) evidence for the prosecution. (Sec. 23 of Rule
119, Revised Rules of Criminal Procedure)
Facing a charge of Murder, X filed a petition for bail.
The petition was opposed by the prosecution but after
hearing the court granted bail to X. On the first Demurrer to Evidence; w/o Leave of Court (2004)
scheduled hearing on the merits, the prosecution
manifested that it was not adducing additional The information for illegal possession of firearm filed
evidence and that it was resting its case. X filed a against the accused specifically alleged that he had no
demurrer to evidence without leave of court but it was license or permit to possess the caliber .45 pistol
denied by the court. mentioned therein. In its evidence-in-chief, the
prosecution established the fact that the subject
1. Did the court have the discretion to deny the firearm was lawfully seized by the police from the
demurrer to evidence under the circumstances possession of the accused, that is, while the pistol was
mentioned above? (2%) tucked at his waist in plain view, without the accused
being able to present any license or permit to possess
2. If the answer to the preceding question is in the the firearm. The prosecution on such evidence rested
affirmative, can X adduce evidence in his defense after its case and within a period of five days therefrom, the
the denial of his demurrer to evidence? [1%] accused filed a demurrer to evidence, in sum
contending that the prosecution evidence has not
3. Without further proceeding and on the sole basis of established the guilt of the accused beyond reasonable
the evidence of the prosecution, can the court legally doubt and so prayed that he be acquitted of the
convict X for Murder? (2%) offense charged.

SUGGESTED ANSWER: The trial court denied the demurrer to evidence and
1. Yes. The Court had the discretion to deny the deemed the accused as having waived his right to
demurrer to the evidence, because although the present evidence and submitted the case for judgment
evidence presented by the prosecution at the hearing on the basis of the prosecution evidence. In due time,
for bail was not strong, without any evidence for the the court rendered judgment finding the accused guilty
defense, it could be sufficient for conviction. of the offense charged beyond reasonable doubt and
accordingly imposing on him the penalty prescribed
2. No. Because he filed the demurrer to the evidence therefor. Is the judgment of the trial court valid and
without leave. (Sec. 15, Rule 119, Rules of Criminal proper? Reason. (5%)
Procedure.) However, the trial court should inquire as
to why the accused filed the demurrer without leave SUGGESTED ANSWER:
and whether his lawyer knew that the effect of filing it
without leave is to waive the presentation of the Yes. The judgment of the trial court is valid. The
evidence for the accused. (People vs. Fores, 269 accused did not ask for leave to file the demurrer to
SCRA 62.) evidence. He is deemed to have waived his right to
present evidence. (Sec. 23 of Rule 119; People v.
3. Yes. Without any evidence from the accused, the Flores, 269 SCRA 62 [1997]; Bernardo v. Court of
prima facie evidence of the prosecution has been Appeals, 278 SCRA 782 [1997]. However, the
converted to proof beyond reasonable doubt. judgment is not proper or is erroneous because there
was no showing from the proper office like the
ALTERNATIVE ANSWER: Firearms Explosive Unit of the Philippine National
If the evidence of guilt is not strong and beyond Police that the accused has a permit to own or possess
reasonable doubt then the court cannot legally convict the firearm, which is fatal to the conviction of the
X for murder. accused. (Mallari v. Court of Appeals &People,265
SCRA 456[1996]).

Demurrer to Evidence; w/o Leave of Court (2001)

Carlos, the accused in a theft case, filed a demurrer to Dismissal; Failure to Prosecute (2003)
evidence without leave of court. The court denied the
demurrer to evidence and Carlos moved to present his When a criminal case is dismissed on nolle prosequi,
evidence. The court denied Carlos motion to present can it later be refilled? (4%)
evidence and instead judgment on the basis of the
evidence for the prosecution. Was the court correct in SUGGESTED ANSWER:
the ground that the reinstatement of the case had
As a general rule, when a criminal case is dismissed placed him twice in jeopardy. Acceding to this motion,
on nolle prosequi before the accused is placed on trial the court again dismissed the case. The prosecutor
and before he is called on to plead, this is not then filed an information in the RTC, charging D with
equivalent to an acquittal and does not bar a direct assault based on the same facts alleged in the
subsequent prosecution for the same offense. (Galvez information for slight physical injuries but with the
v. Court of Appeals, 237 SCRA 685 [1994]). added allegation that D inflicted the injuries out of
resentment for what the complainant had done in the
performance of his duties as chairman of the board of
Dismissal; Provisional Dismissal (2003) election inspectors. D moved to quash the second
information on the ground that its filing had placed him
Before the arraignment for the crime of murder, the in double jeopardy. How should Ds motion to quash be
private complainant executed an Affidavit of resolved? (4%)
Desistance stating that she was not sure if the accused
was the man who killed her husband. The public SUGGESTED ANSWER:
prosecutor filed a Motion to Quash the Information on Ds motion to quash should be granted on the ground
the ground that with private complainants desistance, of double jeopardy because the first offense charged is
he did not have evidence sufficient to convict the necessarily included in the second offense charged.
accused. On 02 January 2001, the court without further [Draculan v. Donato, 140 SCRA 425 (1985)].
proceedings granted the motion and provisionally
dismissed the case. The accused gave his express ALTERNATIVE ANSWER:
consent to the provisional dismissal of the case. The
offended party was notified of the dismissal but she Ds motion to quash should be denied because the two
refused to give her consent. dismissals of the case against him were on his motion
(hence with his express consent) and his right to a
Subsequently, the private complainant urged the public speedy trial was not violated.
prosecutor to refile the murder charge because the
accused failed to pay the consideration which he had
promised for the execution of the Affidavit of Double Jeopardy; Upgrading; Original Charges (2005)
Desistance. The public prosecutor obliged and refiled
the murder charge against the accused on 01 February For the multiple stab wounds sustained by the victim,
2003, the accused filed a Motion to Quash the Noel was charged with frustrated homicide in the RTC.
Information on the ground that the provisional Upon arraignment, he entered a plea of guilty to said
dismissal of the case had already become permanent. crime. Neither the court nor the prosecution was aware
(6%) that the victim had died two days earlier on account of
his stab wounds. Because of his guilty plea, Noel was
a) Was the provisional dismissal of the case proper? b) convicted of frustrated homicide and meted the
Resolve the Motion to Quash. corresponding penalty. When the prosecution learned
SUGGESTED ANSWER: of the victim's death, it filed within fifteen (15) days
therefrom a motion to amend the information to
(a) The provisional dismissal of the case was proper upgrade the charge from frustrated homicide to
because the accused gave his express consent thereto consummated homicide. Noel opposed the motion
and the offended party was notified. It was not claiming that the admission of the amended
necessary for the offended party to give her consent information would place him in double jeopardy.
thereto. (Sec. 8 of Rule 117). Resolve the motion with reasons. (4%)

(b) The motion to quash the information should be SUGGESTED ANSWER:


denied because, while the provisional dismissal had
already become permanent, the prescriptive period for The amended information to consummated homicide
filing the murder charge had not prescribed. There was from frustrated homicide does not place the accused in
no double jeopardy because the first case was double jeopardy. As provided in the second paragraph
dismissed before the accused had pleaded to the of Sec. 7, Rule 117,2000 Rules of Criminal Procedure,
charge. (Sec. 7 of Rule 117). the conviction of the accused shall not be a bar to
another prosecution for an offense which necessarily
includes the offense charged in the former complaint or
Double Jeopardy (2002) information when: (a) the graver offense developed
due to supervening facts arising from the same act or
D was charged with slight physical injuries in the MTC. omission constituting the former charge; or (b) the facts
He pleaded not guilty and went to trial. After the constituting the graver charge became known or were
prosecution had presented its evidence, the trial court discovered only after a plea was entered in the former
set the continuation of the hearing on another date. On complaint or information. Here, when the plea to
the date scheduled for hearing, the prosecutor failed to frustrated homicide was made, neither the court nor
appear, whereupon the court, on motion of D, the prosecution was aware that the victim had died two
dismissed the case. A few minutes later, the prosecutor days earlier on account of his stab wounds.
arrived and opposed the dismissal of the case. The
court reconsidered its order and directed D to present
his evidence. Before the next date of trial came, Extradition (2004)
however, D moved that the last order be set aside on
RP and State XX have a subsisting Extradition Treaty. SUGGESTED ANSWER:
Pursuant thereto RP's Secretary of Justice (SOJ) filed
a Petition for Extradition before the MM RTC alleging In order that the amended information which
that Juan Kwan is the subject of an arrest warrant duly downgrades the nature of the offense could be validly
issued by the proper criminal court of State XX in made, the prosecution should file a motion to ask for
connection with a criminal case for tax evasion and leave of court with notice to the offended party. (Sec.14
fraud before his return to RP as a balikbayan. of Rule 110, Revised Rules of Criminal Procedure).
Petitioner prays that Juan be extradited and delivered The new rule is for the protection of the interest of the
to the proper authorities of State XX for trial, and that offended party and to prevent possible abuse by the
to prevent Juan's flight in the interim, a warrant for his prosecution.
immediate arrest be issued. Before the RTC could act
on the petition for extradition, Juan filed before it an Information; Amendment; Double Jeopardy; Bail (2002)
urgent motion, in sum praying (1) that SoJ's application
for an arrest warrant be set for hearing and (2) that A. D and E were charged with homicide in one
Juan be allowed to post bail in the event the court information. Before they could be arraigned, the
would issue an arrest warrant. Should the court grant prosecution moved to amend the information to
or deny Juan's prayers? Reason. (5%) exclude E therefrom. Can the court grant the motion to
amend? Why? (2%)
SUGGESTED ANSWER:
B. On the facts above stated, suppose the
Under the Extradition Treaty and Law, the application prosecution, instead of filing a motion to amend,
of the Secretary of Justice for a warrant of arrest need moved to withdraw the information altogether and its
not be set for hearing, and Juan cannot be allowed to motion was granted. Can the prosecution re-file the
post bail if the court would issue a warrant of arrest. information although this time for murder? Explain (3%)
The provisions in the Rules of Court on arrest and bail
are not basically applicable. SUGGESTED ANSWER:
(Government of the United States of America v.
Puruganan, 389 SCRA 623 [2002]) A. Yes, provided notice is given to the offended party
and the court states its reasons for granting the same.
(Rule 110, sec. 14).
Information (2001)
B. Yes, the prosecution can re-file the information for
The prosecution filed an information against Jose for murder in substitution of the information for homicide
slight physical injuries alleging the acts constituting the because no double jeopardy has as yet attached.
offense but without anymore alleging that it was [Galvez v. Court of Appeals, 237 SCRA 685 (1994)].
committed after Joses unlawful entry in the
complainants abode. Was the information correctly
prepared by the prosecution? Why? (5%) Information; Amendment; Supervening Events (1997)

SUGGESTED ANSWER: A was accused of homicide for the killing of B. During


the trial, the public prosecutor received a copy of the
No. The aggravating circumstance of unlawful entry in marriage certificate of A and B.
the complainants abode has to be specified in the
information; otherwise, it cannot be considered as (a) Can the public prosecutor move for the amendment
aggravating. (Sec. 8 of Rule 110, Revised Rules of of the information to charge A with the crime of
Criminal parricide?
Procedure)
(b) Suppose instead of moving for the amendment of
ALTERNATIVE ANSWER: the information, the public prosecutor presented in
evidence the marriage certificate without objection on
The information prepared by the prosecutor is not the part of the defense, could Abe convicted of
correct because the accused should have been parricide?
charged with qualified trespass to dwelling.
SUGGESTED ANSWER:
(a) No. The Information cannot be amended to change
Information; Amendment (2001) the offense charged from homicide to parricide. Firstly,
the marriage is not a supervening fact arising from the
Amando was charged with frustrated homicide. Before act constituting the charge of homicide. (Sec. 7[a] of
he entered his plea and upon the advice of his counsel, Rule 117). Secondly, after plea, amendments may be
he manifested his willingness to admit having done only as to matters of form. The amendment is
committed the offense of serious physical injuries. The substantial because it will change the nature of the
prosecution then filed an amended information for offense. (Sec. 14 of Rule 110; Dionaldo vs. Dacuycuy.
serious physical injuries against Amando. What steps 108 SCRA 736).
or action should the prosecution take so that the
amended information against Amando which (b) No. A can be convicted only of homicide not of
downgrades the nature of the offense could be validly parricide which is a graver offense. The accused has
made? Why? (5%) the constitutional rights of due process and to be
informed of the nature and the cause of the accusation
against him. (Secs. 1, 14 (1) and (2} Art. III. 1987 v. Court of Appeals, 284 SCRA 173 [1999]). Hence,
Constitution), this ground is not waived if not raised in a motion to
quash and could be raised at the pretrial. (Sec. 8, Rule
117, Rules of Court).
Information; Bail (2003)

After the requisite proceedings, the Provincial


Prosecutor filed an Information for homicide against X. Information; Motion to Quash (2005)
The latter, however, timely filed a Petition for Review of
the Resolution of the Provincial Prosecutor with the Rodolfo is charged with possession of unlicensed
Secretary of Justice who, in due time, issued a firearms in an Information filed in the RTC. It was
Resolution reversing the resolution of the Provincial alleged therein that Rodolfo was in possession of two
Prosecutor and directing him to withdraw the unlicensed firearms: a .45 caliber and-a .32 caliber.
Information. Under Republic Act No. 8294, possession of an
unlicensed .45 caliber gun is punishable by prision
Before the Provincial Prosecutor could comply with the mayor in its minimum period and a fine of P30.000.00,
directive of the Secretary of Justice, the court issued a while possession of an unlicensed .32 caliber gun is
warrant of arrest against X. punishable by prision correctional in its maximum
period and a fine of not less than P15,000.00. As
The Public Prosecutor filed a Motion to Quash the counsel of the accused, you intend to file a motion to
Warrant of Arrest and to Withdraw the Information, quash the Information. What ground or grounds should
attaching to it the Resolution of the Secretary of you invoke? Explain. (4%)
Justice. The court denied the motion. (6%)
SUGGESTED ANSWER:
a) Was there a legal basis for the court to deny the
motion? The ground for the motion to quash is that more than
b) If you were the counsel for the accused, what one offense is charged in the information. (Sec. 3[f],
remedies, if any, would you pursue? Rule 117, 2000 Rules of Criminal Procedure) Likewise,
the RTC has no jurisdiction over the second offense of
SUGGESTED ANSWER: possession of an unlicensed .32 caliber gun,
punishable by prision correctional in its maximum
a. Yes, there is a legal basis for the court to deny the period and a fine of not less than P15.000.00. It is the
motion to quash the warrant of arrest and to withdraw MTC that has exclusive and original jurisdiction over all
the information. The court is not bound by the offenses punishable by imprisonment not exceeding
Resolution of the Secretary of Justice. (Crespo v. six years. (Sec. 2, R.A. No. 7691, amending B.P. Blg.
Mogul, 151 SCRA 462 [1987]). 129)

b. If I were the counsel for the accused, I would


surrender the accused and apply for bail because the Information; Motion to Quash; Grounds (1998)
offense is merely homicide, a non-capital offense. At
the pre-trial, I would make a stipulation of facts with the 1. Give two (2) grounds to quash an Information.[2%]
prosecution which would show that no offense was
committed. 2. If the Information is not accompanied by a
certification that a preliminary investigation has been
conducted. Is the Information void? [3%]
Information; Motion to Quash (2000)
SUGGESTED ANSWER:
BC is charged with illegal possession of firearms under
an Information signed by a Provincial Prosecutor. After 1. The grounds to quash an Information are:
arraignment but before pre-trial, BC found out that the
Provincial Prosecutor had no authority to sign and file a) That the facts charged do not constitute an
the information as it was the City Prosecutor who has offense; and
such authority. During the pre-trial, BC moves that the b) That the court trying the case has no
case against him be dismissed on the ground that the jurisdiction over the offense charged or the
Information is defective because the officer signing it person of the accused.
lacked the authority to do so. The Provincial c) That the officer who filed the information had
Prosecutor opposes the motion on the ground of no authority to do so;
estoppel as BC did not move to quash the Information d) That it does not conform substantially to the
before arraignment. If you are counsel for BC, what is prescribed form;
your argument to refute the opposition of the Provincial e) That more than one offense is charged except
Prosecutor? (5%) in those cases in which existing laws prescribe
a single punishment for various offenses;
SUGGESTED ANSWER: f) That the criminal action or liability has been
extinguished;
I would argue that since the Provincial Prosecutor had g) That it contains averments which, if true, would
no authority to file the information, the court did not constitute a legal excuse or justification; and
acquire jurisdiction over the person of the accused and h) That the accused has been previously
over the subject matter of the offense charged. (Cudia convicted or in jeopardy of being convicted, or
acquitted of the offense charged. (Sec. 3, Rule a) Is the filing of the court correct? Explain.
117. Rules of Criminal Procedure.)
SUGGESTED ANSWER:

SUGGESTED ANSWER: No. The court can never lose jurisdiction so long as its
2. No. The certification which is provided in Sec. 4, decision has not yet been fully implemented and
Rule 112. Rules of Criminal Procedure, is not an satisfied. Finality of a judgment cannot operate to
indispensable part of the information. (People vs. divest a court of its jurisdiction. The court retains an
Lapura, 255 SCRA 85.) interest in seeing the proper execution and
implementation of its judgments, and to that extent,
may issue such orders necessary and appropriate for
Judgment; Promulgation of Judgment (1997) these purposes. (Echegaray v. Secretary of Justice,
G.R. No. 13205, January 19, 1999)
X, the accused in a homicide case before the RTC.
Dagupan Cay, was personally notified of the b) What remedy/remedies should the counsel of
promulgation of judgment in his case set for 10 Mariano take to secure his proper and most
December 1996. On said date. X was not present as expeditious release from the National Penitentiary?
he had to attend to the trial of another criminal case Explain.
against him in Tarlac, Tarlac. The trial court denied the
motion of the counsel of X to postpone the SUGGESTED ANSWER:
promulgation.
To secure the proper and most expeditious release of
(a) How shall the court promulgate the judgment in the Mariano from the National Penitentiary, his counsel
absence of the accused? should file: (a) a petition for habeas corpus for the
illegal confinement of Mariano (Rule 102), or (b) a
(b) Can the trial court also order the arrest of X? motion in the court which convicted him, to nullify the
execution of his sentence or the order of his
SUGGESTED ANSWER: commitment on the ground that a supervening
development had occurred (Melo v. People, G.R. No.
(a) In the absence of the accused, the promulgation L-3580, March 22, 1950) despite the finality of the
shall be made by recording the Judgment in the judgment.
criminal docket and a copy thereof served upon the
accused or counsel. (Sec. 6. third par., Rule 120)
Parties; Prosecution of Offenses (2000)
(b) No, the trial court cannot order the arrest of X if the
judgment is one of acquittal and, in any event, his Your friend YY, an orphan, 16 years old, seeks your
failure to appear was with justifiable cause since he legal advice. She tells you that ZZ, her uncle,
had to attend to another criminal case against him. subjected her to acts of lasciviousness; that when she
told her grandparents, they told her to just keep quiet
Jurisdiction; Complex Crimes (2003) and not to file charges against ZZ, their son. Feeling
very much aggrieved, she asks you how her uncle ZZ
In complex crimes, how is the jurisdiction of a court can be made to answer for his crime.
determined? 4% a) What would your advice be? Explain. (3%)

SUGGESTED ANSWER: b) Suppose the crime committed against YY by her


uncle ZZ is rape, witnessed by your mutual friend XX.
In a complex crime, jurisdiction over the whole complex But this time, YY was prevailed upon by her
crime must be lodged with the trial court having grandparents not to file charges. XX asks you if she
jurisdiction to impose the maximum and most serious can initiate the complaint against ZZ. Would your
penalty imposable on an offense forming part of the answer be the same? Explain. (2%).
complex crime. (Cuyos v. Garcia, 160 SCRA 302
[1988]). SUGGESTED ANSWER:

(a) I would advise the minor, an orphan of 16 years of


Jurisdiction; Finality of a Judgment (2005) age, to file the complaint herself independently of her
grandparents, because she is not incompetent or
Mariano was convicted by the RTC for raping Victoria incapable to doing so upon grounds other than her
and meted the penalty of reclusion perpetua. While minority. (Sec. 5, Rule 110, Rules of Criminal
serving sentence at the National Penitentiary, Mariano Procedure.)
and Victoria were married. Mariano filed a motion in
said court for his release from the penitentiary on his (b) Since rape is now classified as a Crime Against
claim that under Republic Act No. 8353, his marriage to Persons under the Anti-Rape Law of 1997 (RA 8353), I
Victoria extinguished the criminal action against him for would advise XX to initiate the complaint against ZZ.
rape, as well as the penalty imposed on him. However,
the court denied the motion on the ground that it had
lost jurisdiction over the case after its decision had Plea of Guilty; to a Lesser Offense (2002)
become final and executory. (7%)
D was charged with theft of an article worth A allegedly sold to B a parcel of land which A later also
p15,000.00. Upon being arraigned, he pleaded not sold to X. B brought a civil action for nullification of the
guilty to the offense charged. Thereafter, before trial second sale and asked that the sale made by A in his
commenced, he asked the court to allow him to change favor be declared valid. A theorized that he never sold
his plea of not guilty to a plea of guilt but only to estafa the property to B and his purported signatures
involving P5,000.00. Can the court allow D to change appearing in the first deed of sale were forgeries.
his plea? Why? (2%) Thereafter, an Information for estafa was filed against A
based on the same double sale that was the subject of
SUGGESTED ANSWER: the civil action. A filed a "Motion for Suspension of
Action" in the criminal case, contending that the
No, because a plea of guilty to a lesser offense may be resolution of the issue in the civil case would
allowed if the lesser offense is necessarily included in necessarily be determinative of his guilt or innocence.
the offense charged. (Rule 116, sec. 2). Estafa Is the suspension of the criminal action in order?
involving P5,000.00 is not necessarily included in theft Explain. (2%)
of an article worth P15,000.00
SUGGESTED ANSWER:

Prejudicial Question (1999) Yes. The suspension of the criminal action is in order
because the defense of A in the civil action, that he
What is a prejudicial question? (2%) never sold the property to B and that his purported
signatures in the first deed of sale were forgeries, is a
SUGGESTED ANSWER: prejudicial question the resolution of which is
determinative of his guilt or innocence. If the first sale
Sec. 5 of Rule 111 of the Rules of Court provides that a is null and void, there would be no double sale and A
prejudicial question is an issue involved in a civil action would be innocent of the offense of estafa. (Ras v.
which is similar or intimately related to the issue raised Rasul, 100 SCRA 125.)
in the criminal action, the resolution of which
determines whether or not the criminal action may
proceed. Pre-Trial Agreement (2004)

A prejudicial question is one based on a fact distinct Mayor TM was charged of malversation through
and separate from the crime but so intimately falsification of official documents. Assisted by Atty. OP
connected with it that it determines the guilt or as counsel de parte during pre-trial, he signed together
innocence of the accused. with Ombudsman Prosecutor TG a "Joint Stipulation of
Facts and Documents," which was presented to the
Sandiganbayan. Before the court could issue a pre-trial
Prejudicial Question (2000) order but after some delay caused by Atty. OP, he was
substituted by Atty. QR as defense counsel. Atty. QR
CX is charged with estafa in court for failure to remit to forthwith filed a motion to withdraw the "Joint
MM sums of money collected by him (CX) for MM in Stipulation," alleging that it is prejudicial to the accused
payment for goods purchased from MM, by depositing because it contains, inter
the amounts in his (CXs) personal bank account. CX alia, the statement that the "Defense admitted all the
files a motion to suspend proceedings pending documentary evidence of the Prosecution," thus
resolution of a civil case earlier filed in court by CX leaving the accused little or no room to defend himself,
against MM for accounting and damages involving the and violating his right against self-incrimination. Should
amounts subject of the criminal case. As the the court grant or deny QR's motion? Reason. (5%)
prosecutor in the criminal case, briefly discuss your
grounds in support of your opposition to the motion to SUGGESTED ANSWER:
suspend proceedings. (5%).
The court should deny QR's motion. If in the pretrial
SUGGESTED ANSWER: agreement signed by the accused and his counsel, the
accused admits the documentary evidence of the
As the prosecutor, I will argue that the motion to prosecution, it does not violate his right against self-
suspend is not in order for the following reasons: incrimination. His lawyer cannot file a motion to
The civil case filed by CX against MM for accounting withdraw. A pre-trial order is not needed. (Bayas v.
and damages does not involve an issue similar to or Sandiganbayan, 391 SCRA 415(2002}). The admission
intimately related to the issue of estafa raised in the of such documentary evidence is allowed by the rule.
criminal action. (Sec. 2 of Rule 118; People v. Hernandez, 260 SCRA
25 [1996]).
The resolution of the issue in the civil case for
accounting will not determine whether or not the
criminal action for estafa may proceed. (Sec. 5, Rule Pre-Trial; Criminal Case vs. Civil Case (1997)
111, Rules of Criminal Procedure.)
Give three distinctions between a pre-trial in a criminal
case and a pre-trial in a civil case.
Prejudicial Question; Suspension of Criminal Action
(1999) SUGGESTED ANSWER:
Three distinctions between a pre-trial in a criminal case The judgment of conviction is reviewable by certiorari
and a pre-trial in a civil case are as follows: even if no appeal had been taken, because the judge
committed a grave abuse of discretion tantamount to
1. The pre-trial in a criminal case is conducted only lack or excess of his jurisdiction in convicting the
"where the accused and counsel agree" (Rule 118, accused of theft and in violating due process and his
Sec. 1): while the pre-trial in a civil case is mandatory. right to be informed of the nature and the cause of the
(Sec. 1 of former Rule 20; Sec, 1 of new Rule 18). accusation against him, which make the judgment void.
2. The pre-trial in a criminal case does not consider the With the mistake in charging the proper offense, the
possibility of a compromise, which is one important judge should have directed the filing of the proper
aspect of the pre-trial in a civil case. (Sec. 1 of former information and thereafter dismissed the original
Rule 20; Sec. 2 of new Rule 18). information. (Sec. 19 of Rule 119).

3. In a criminal case, a pre-trial agreement is required


to be reduced to writing and signed by the accused Search Warrant; Motion to Quash (2005)
and his counsel (See; Rule 118, Sec. 4); while in a civil
case, the agreement may be contained in the pre-trial Police operatives of the Western Police District,
order. (Sec. 4 of former Rule 20; See 7 of new Rule Philippine National Police, applied for a search warrant
78). in the RTC for the search of the house of Juan Santos
and the seizure of an undetermined amount of shabu.
The team arrived at the house of Santos but failed to
Provisional Dismissal (2002) find him there. Instead, the team found Roberto Co.
The team conducted a search in the house of Santos
In a prosecution for robbery against D, the prosecutor in the presence of Roberto Co and barangay officials
moved for the postponement of the first scheduled and found ten (10) grams of shabu. Roberto Co was
hearing on the ground that he had lost his records of charged in court with illegal possession of ten grams of
the case. The court granted the motion but, when the shabu. Before his arraignment, Roberto Co filed a
new date of trial arrived, the prosecutor, alleging that motion to quash the warrant on the following grounds
he could not locate his witnesses, moved for the (a) it was not the accused named in the search
provisional dismissal of the case. If Ds counsel does warrant; and (b) the warrant does not describe the
not object, may the court grant the motion of the article to be seized with sufficient particularity. Resolve
prosecutor? Why? (3%) the motion with reasons. (4%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
The motion to quash should be denied. The name of
No, because a case cannot be provisionally dismissed the person in the search warrant is not important. It is
except upon the express consent of the accused and not even necessary that a particular person be
with notice to the offended party. (Rule 117, sec. 8). implicated (Mantaring v. Roman, A.M. No. RTJ-93-904,
February 28,
1996), so long as the search is conducted in the place
Remedies; Void Judgment (2004) where the search warrant will be served. Moreover,
describing the shabu in an undetermined amount is
AX was charged before the YY RTC with theft of sufficiently particular. (People v. Tee, G.R. Nos.
jewelry valued at P20.000, punishable with 140546-47, January 20, 2003)
imprisonment of up to 10 years of prision mayor under
the Revised Penal Code. After trial, he was convicted
of the offense charged, notwithstanding that the Trial; Trial in Absentia; Automatic Review of Conviction
material facts duly established during the trial showed (1998)
that the offense committed was estafa, punishable by
imprisonment of up to eight years of prision mayor What are the requisites of a trial in absentia? [2%]
under the said Code. No appeal having been taken
therefrom, said judgment of conviction became final. Is If an accused who was sentenced to death escapes, is
the judgment of conviction valid? Is the said judgment there still a legal necessity for the Supreme Court to
reviewable thru a special civil action for certiorari? review the decision of conviction? [3%]
Reason. (5%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
1. The requisites of trial in absentia are: (a) the
Yes, the judgment of conviction for theft upon an accused has already been arraigned; (b) he has been
information for theft is valid because the court had duly notified of the trial; and (c) his failure to appear is
jurisdiction to render judgment. However, the judgment unjustifiable. (Sec. 14 [2], Article III. Constitution;
was grossly and blatantly erroneous. The variance Parada vs. Veneracion, 269 SCRA 371 [1997].)
between the evidence and the judgment of conviction
is substantial since the evidence is one for estafa while 2. Yes, there is still a legal necessity for the Supreme
the judgment is one for theft. The elements of the two Court (as of 2004 the Court of Appeals has the
crimes are not the same. (Lauro Santos v. People, 181 jurisdiction to such review) to review the decision of
SCRA 487). One offense does not necessarily include conviction sentencing the accused to death, because
or is included in the other. (Sec. 5 of Rule 120). he is entitled to an automatic review of the death
sentence. (Sees. 3[e] and 10, Rule 122, Rules of
Criminal Procedure; People vs. Espargas, 260 SCRA
539.)

Venue (1997)

Where is the proper venue for the filing of an


information in the following cases?

a) The theft of a car in Pasig City which was


brought to Obando, Bulacan, where it was
cannibalized.
b) The theft by X, a bill collector of ABC
Company, with main offices in Makati City, of
his collections from customers in Tagaytay
City. In the contract of employment, X was
detailed to the Calamba branch office, Laguna,
where he was to turn in his collections.
c) The malversation of public funds by a
Philippine consul detailed in the Philippine
Embassy in London.

SUGGESTED ANSWER:
(a) The proper venue is in Pasig City where the
theft of the car was committed, not in Obando
where it was cannibalized. Theft is not a
continuing offense. (People v Mercado, 65
Phil 665).

(b) If the crime charged is theft, the venue is in


Calamba where he did not turn in his
collections. If the crime of X is estafa, the
essential ingredients of the offense took place
in Tagaytay City where he received his
collections, in Calamba where he should have
turned in his collections, and in Makati City
where the ABC Company was based. The
information may therefore be filed in Tagaytay
City or Calamba or Makati which have
concurrent territorial Jurisdiction. (Catingub vs.
Court of Appeals, 121 SCRA 106).

(c) The proper court is the Sandiganbayan which


has jurisdiction over crimes committed by a
consul or higher official in the diplomatic
service. (Sec. 4(c). PD 1606, as amended by
RA. No. 7975). The Sandiganbayan is a
national court. (Nunez v. Sandiganbayan, 111
SCRA 433 [1982]. It has only one venue at
present, which is in Metro Manila, until RA. No.
7975, providing for two other branches in Cebu
and in Cagayan de Oro, is implemented.

Assuming that the Sandiganbayan has no


jurisdiction, the proper venue is the first RTC in
which the charge is filed (Sec. 15(d). Rule
110).