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CRIMINAL PROCEDURE Course Outline


(2016)

Part I. Preliminary Matters.

Criminal Procedure. Definition


Systems of Criminal Procedure
Sources of Criminal Procedure
Jurisdiction. Concept.
What is criminal jurisdiction?
What are the elements of jurisdiction in criminal cases?
What are the requisites for a valid exercise of criminal jurisdiction?
1987 Constitution
Batas Pambansa Blg. 129, Judiciary Act of 1980
RA 7691, Expanded Jurisdiction of the 1st level courts
RA 8369, Family Courts Act
Revised Rules on Summary Procedure
Local Government Code of 1991 on Barangay Conciliation

Sandiganbayan Law, RA 8249; RA 7975; PD 1606 note:


People v Sandiganbayan, Sept. 15, 2010, 630 SCRA 489;
People v. Sandiganbayan & Amante, Aug. 25, 2009,, 597 SCRA 49;
Serena v. Sandiganbayan, Jan. 22, 2008, 542 SCRA 224;
Geduspan v. People, Feb. 11, 2010;
People v. Sandiganbayan and Plaza, Sept. 15, 2010

Cases:
Valdespenas v. People, 16 SCRA 871;
Republic v. Sunga, 162 SCRA 191;
Araula v. Espino, 28 SCRA 567;
Beltran v. Ramos, 96 Phil 149;
Fukuzume v. People, Nov. 11, 2005;
Foz Jr. & Fajardo v. People, Oct. 9, 2009;
Garcia v. Sandiganbayan, Oct. 12, 2009;
Macasaet v. People, 452 SCRA 225;
People v. Sandiganbayan, 597 SCRA 49;
People v. Rivera, 597 SCRA 49;
Bonifacio et. al. v. RTC of Makati, et. al., May 5, 2010;
Magno v. People, April 6, 2011;
People v. Cawaling, 293 SCRA 267;
Macasaet v. People, 452 SCRA 255;
Buaya v. Polo, 169 SRCA;
Geduspan v. People, 451 SCRA 187;
De Guzman v. Sandiganbayan, 256 SCRA 171
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References:

1987 Constitution, Revised Rules of Criminal Procedure (Dec. 1, 2000) Supreme Court Circulars/Adm.
Matter, SCRA; Regalado, Remedial Law Compendium; Herrera, Remedial Law IV; Pamaran, The
Rules of Criminal Procedure; Riano, Criminal Procedure
Part II. The Revised Rules of Criminal Procedure, as amended (Dec. 1, 2000)

RULE 110. Prosecution of Offenses

Section 1. Institution of criminal actions . –

* Institution of criminal actions for offenses cognizable by the Regional Trial Court
* Institution of criminal actions for offenses cognizable by the Municipal Trial Court/ Municipal Circuit
Trial Courts/ Metropolitan Trial Courts

Note: No direct filing in the RTC & MeTC and other chartered cities

*Rule on interruption of the prescriptive periods. Exception.


- Effect of the institution of the criminal action on the prescriptive period.
- Rule on prescription for violations of special laws and municipal ordinances.

Cases:
Zaldivia v. Reyes, 211 SCRA 277;
SEC v. Inrterport Resources Corp., Oct. 6, 2008;
Sanrio Co. Lmtd. v. Lim, Feb. 19, 2008;
Panaguiton Jr. v. DOJ, Nov. 25, 2008;
Baviera v. Paglinawan, Feb 8, 2007;
Arambulo v. Lagui, 342 SCRA 740;
People v. Bautista, Apr. 27, 2007

Can criminal action be enjoined? Generally, No BUT see:


Brocka et. al. v. Enrile et. al., 192 SCRA 183;
Salonga v. Pano, 134 SCRA 438;
People v. Grey, 625 SRCA 523 (2010)

Complaint – is a sworn written statement charging a person with an offense subscribed by the
offended party, any peace officer, or other public officer charged with the enforcement of the law
violated.

Information – an information is an accusation in writing charging a person with an offense, subscribed


by the prosecutor and filed with the court.

Section 5. Who must prosecute criminal actions. Note: A.M. No. 02-2-07, effective May 1, 2002

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The power to prosecute criminal cases. Control and Supervision by the public prosecutor

* Rationale for the Rule.

Note:
Jimenez, Unlad Shipping & Management Corp., Hon. Sorongon, Dec. 5, 2012;
Tan v. Gallardo, 73 SCRA 306;
Suarez v. Platon, 69 Phil 556;
Crespo v. Mogul, 151 SCRA 462;
Dimatulac v.

 What is the test to determine whether an accused is prejudiced by the amendment of an


information?

Cases:
Teehankee v. Madayag, 207 SRCA 134;
Gabionza v. CA, March 30, 2001;
Chilagan v. Cattling, Nov. 16, 2001;
Matalam v. Sandiganbayan, 455 SCRA 737;
Leviste v. Alameda, Aug. 3, 2010

*Procedure for Substitution  if it appears at any time before the judgment that a mistake has been
made in charging the proper offense… a new information charging the proper offenses may be filed
provided that the accused shall not be placed in double jeopardy; the court shall dismiss the original
complaint or information and may require the witnesses to give bail for their appearance at the trial.

*Note: Sec. 19, Rule 119

Section 15. Place where action is to be instituted. Fundamental Principle.


* Criminal action shall be instituted in the place of the commission of the crime. In criminal cases, venue
is jurisdictional.
Note: Supreme Court’s power to order change of venue to avoid miscarriage of justice. (Sec. 5 (4), Art.
III, 1987 Constitution)
*Concept of transitory and continuing offense
Criminal offenses excepted from the rule

Section 16. Intervention of the offended party in criminal action.


*Basis for the Rule. Art. 100, Revised Penal Code
*Instances when the offended party cannot intervene-waived, reserved, filing of separate action,
offenses with no private offended party, Ramiscal v. Sandiganbayan, 446 SCRA 706

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RULE 111. Prosecution of Civil Action

Section 1. Institution of criminal and civil actions.

*Fundamental Rule. A person criminally liable is also civilly liable. When a criminal action is instituted,
the civil action for the recovery of the civil liability arising from the offenses charged shall be deemed
instituted with the criminal action.

*Instances when the civil action is not deemed instituted –

Cases:
Ramos v. Gonong, 72 SCRA 559;
People v. Samson, 7 SCRA 478;
Capistrano v. Limcuando, 579 SCRA 176;
Heirs of F.C. Delgado v. Gonzales, 595 SCRA 501; Cruz v.

Elements:
1) The previously instituted civil action involves an issue similar or intimately related to the issue
raised in the subsequent criminal action; and
2) The resolution of such issue determines whether or not the criminal action may proceed.

Landicho v. Relova, Feb. 23, 0968;


Apa v. Fernandez, 242 SCRA 509;
Ark Travel Express, Inc. v. RTC Makati City B. 150 Hon. Abrogar, Violeta Baguio, 410 SCRA 148;
Land Bank of the Phils. v. Jacinto, 626 SCRA 315, Aug. 3, 2010

RULE 112. Preliminary Investigation

Section 1. Preliminary Investigation defined – an inquiry or proceeding to determine whether there is


sufficient ground to engender a well – founded belief that a crime has been committed and the
respondent is probably guilty thereof and should be held for trial.

Section 2. Officers authorized to conduct preliminary investigations.

Note: A.M. 05-8-26 SC, Oct. 3, 2005 (re-judges of the MTC cannot conduct preliminary investigation)

*Preliminary Investigation. Nature.

Cases:
Elma v. Jacobi, June 27, 2012;
Yusop v. Sandiganbayan, Feb. 22, 2011;
Manebo v. Acosta, 604 SCRA 618;
Ladlad v. Senior State Prosecutor Velasco, 523 SCRA 318;
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Maza v. Sec. Gonzalez, 523 SCRA 318;


Serapio v. Sandiganbayan, 396 SCRA 443;
Yuspo v. Sandiganbayan, 352 SCRA 587, 2001;
Cojuangco v. PCGG, 190 SCRA 226;
Velasquez v. Tuquero, 182 SCRA 388;
Crespo v. Mogul, 151 SCRA 469;
Larranaga v. Court of Appleas, 287 SCRA 58;
Webb v. De Leon, 247 SCRA 652;
Go v. Court of Appeals, 206 SCRA 138;
Levi Strauss, Inc. v. Lim, 573 SCRA 25

Ledesma v. CA, 278 scra 656 (1997);


Marcelo v. CA, 235 SCRA 39 (1994);
Verzano, Jr. v. Paro, Aug. 8, 2010, 627 SCRA 209;
Tan Uy v. OMB, 556 SCRA 73;
Duterte v. Sandiganbayan, 289 SCRA 721;
Metrobank & Trust Co. v. Reynaldo, 627 SCRA 88;
Odchique-Bondoc v. Tan Tiong Bio, 632 SCRA 457;
Marcelo Jr. v. Villordon, 638 SCRA 557

[Alcantara v. Ponce, Feb. 28,, 2007, citing U.S. case Borg v. Baker  preliminary investigation
matters held to be privileged communication materials presented cannot be used as basis for libel].

Section 3. Procedure. Note: must be strictly followed  Ladlad/Masa case (see above citation)
People of the Philippines v. Garfin, 426 SCRA 393;
Cruz v. Sandiganbayan, 194 SCRA 474

Section 4. Resolution of investigating prosecutor and its review.

Public Utilities Devt. Olongapo City v. Guingona Jr., 365 SCRA 467;
Santos v. Go, 473 SCRA 350;
De Ocampo v. Sec. of Justice, 480 SCRA 71

Section 5. When warrant of arrest may be issued. – (a) By the Regional Trial Court. People v. Hon.
CA, Ting, et. al., G.R. No. 161083, Aug. 3, 2010, 626 SCRA 352 (b) By the Municipal Trial Court (c)
When warrant of arrest is not necessary.

Section 6. When accused lawfully arrested without warrant. Warrantless arrest.

*Inquest proceeding. Nature.


*Note: R.A. 7438
*Leviste v. Hon. Alameda, G.R. No. 182677, August 3, 2010, 626 SCRA 575

Section 7-8.
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Tabujara v. People, Oct. 29, 2008;


Ramos v. People, July 13, 2010, 625 SCRA 39;
Flores v. Hon, Gonzalez, 626 SCRA 661, Aug. 3, 2010

RULE 113. Arrest

Section 1. Definition of arrest. The taking of a person into custody in order that he may be bound to
answer for the commission of an offense.

Magtoto v. Manguerra, 63 SCRA 4;


People v. Joson, 46 Phil 381;
People v. Barba, 29 SCRA 662;
Lim v. Felix, 194 SCRA 292;
Tabujara III v. People, Oct. 29, 2008;
Borlongan Jr., v. Pena, 620 SCRA 106;
Leviste v. Alameda, 626 SCRA 575;
People v. Tan, 634 SRCA 773;
Dolera v. People, 598 SCRA 484

*Jurisdiction over the person of the accused how acquired.


*Necessity of finding of probable cause for the issuance of a warrant of arrest
*Sec. 2, Art. III, 1987 Constitution

RA 7438 – An Act Defining Certain Rights of Person Arrested, Detained Or Under Custodial
Investigation As Well As Duties Of The Arresting Officers And Providing Penalties For Violation
Thereof.

Section 2. Arrest; how made.


Section 3. Duty of arresting officer.*RA 7438; People v. Albior, 163 SCRA 332
Section 4. Execution of warrant. *Note – lifetime of the warrant
Section 5. Arrest without warrant; when lawful. Warrantless Arrest

Cases:
538 SCRA 611;
626 SCRA 633;
San Agustin v. People, Aug. 31, 2004;
People v. Alunday, Sept. 3, 2008;
623 SCRA 343;
299 SCRA 635;
163 SCRA 402;
283 SCRA 159;
301 SCRA 668;
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352 SCRA 174;


373 SCRA 585;
429 SCRA 364;
163 SCRA 332;
206 SCRA 138;
305 SCRA 236

Objection to the illegality of arrest must be raised before arraignment, otherwise it is deemed waived.
[Sec. 26, Rule 114]

*RA 7438 – An Act Defining Certain Rights of Person Arrested, Detained Or Under Custodial
Investigation As Well As Duties Of The Arresting Officers And Providing Penalties For Violation
Thereof.

Section 14. Right of attorney or relative to visit person arrested.

*Note: RA 7438 – An Act Defining Certain Rights of Person Arrested, Detained Or Under Custodial
Investigation As Well As Duties Of The Arresting Officers And Providing Penalties For Violation
Thereof.

RULE 114. Bail

Section 1. Bail defined. The security given for the release of a person in custody of the law, furnished
by him or a bondsman, to guarantee his appearance before any court as required under the conditions
specified.

Why bail is allowed?

*Fundamental Principle.
*Section 13, Art. III, 1987 Constitution; Sec. 14, Art. III, 1987 Constitution

Cases:
Paderanga v. Court of Appeals, 247 SCRA 741;
Serapio v. Sandiganbayan, 396 SRCA 443;
Commendador, et. al. v. De Villa, 200 SCRA 80;
Trillianes IV v. Hon. Pimental Sr., 556 SCRA 471;
Docena – Caspe v. Bagtas, 400 SCRA 37;
People v. Gako, 348 SCRA 334;
Leviste v. CA, 615 SCRA 619;
Leviste v. Alameda, 626 SCRA 575;
Bongcac v. Sandiganbayan, 588 SCRA 537;
403 SCRA 123;
389 SCRA 443;
521 SCRA 470;

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421 SCRA 500;


322 SCRA 559;
555 SCRA 193

Bail, when as a matter of right; of discretion; when not allowed

Capital offense, defined. Burden of proof in bail application –

4 Duties of the trial judge in case an application for bail is filed by an accused charged with capital
offense:
1. Notify the fiscal about the hearing
2. Hearing
3. Decide whether the evidence of guilt is strong
4. Discharge the accused if the evidence of guilt is not strong. (Basco v. Rapatalo, March 5,
1997)

Section 15. Recognizance. An obligation of record entered into before a court guaranteeing the
appearance of the accused for trial.

*RA 6036

Section 17. Bail, where filed.


Section 26. Bail not a bar to objection on illegal arrest, lack of or irregular preliminary investigation.
People v. Ejandra, 429 SCRA 364;
Yusop v. Sandiganbayan, 352 SCRA 587

RULE 115. Rights of Accused

Section 1. Rights of accused at the trial.

*Note: Sec. 14, Art. III, 1987 Constitution; RA 8493 – Speedy Trial Act

RULE 116. Arraignment and Plea

Section 1. Arraignment and plea; how made.

*Note: Pre-arraignment duties of the trial judge – People v. Agbayani, Jan. 16, 1998
*RA 8493 – Speedy Trial Act

Pre-arraignment duties of the trial judge


(1) to inform the accused of his right to counsel
(2) to ask the accused whether he desires the aid of counsel
(3) grant accused reasonable time to procure counsel
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(4) court must assign counsel de officio (in the event accused has no counsel) People v.
Agbayani, Jan. 16, 1998

Suspension of arraignment – Sec. 11

Kinds of plea.

Section 2. Plea of guilty to a lesser offense.


Requisites:

(1) with the consent of the offended party and the prosecutor
(2) necessarily included in the offense charged
(3) no amendment of the complaint or information is necessary.

Section 3. Plea of guilty to capital offense; reception of evidence. Duties of the trial court –
Case:
People v. Ulit, 423 SCRA 374;
People v. Tonyacao, July 7, 2004

Section 5. Withdrawal of improvident plea of guilty. Anytime before judgment of conviction becomes
final.

Sec. 10. Production or inspection of material evidence in possession of prosecution. Conditions – good
cause shown; with notice to the parties; not otherwise privileged.

Mode of discovery – to prevent surprises, suppression or alteration

Cases:
237 SCRA 685;
People v. Ong, June 21, 2004;
235 SCRA 39;
297 SCRA 679;
247 SCRA 652;
170 SCRA 489;
210 SCRA 246;
423 SCRA 374;
184 SCRA 395;
580 SCRA 279;
442 SCRA 360

Rule 117. Motion to Quash

Section 1. Time to move to quash.


Section 2. Form and contents.

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Section 3. Grounds.

- Concept of Motion to Quash


Section 4. Amendment of the complaint or information.
- When amendment is allowed
Section 5. Effect of sustaining the motion to quash.
Section 6. Order sustaining the motion to quash not a bar to another prosecution.
*Exceptions – (i) extinguishment of the criminal action or liability (ii) double jeopardy

Section 7. Former conviction or acquittal; double jeopardy. [Sec. 21, Art. III, 1987 Constitution]
Rationale

*Essential Requisites for the application of the principle of double jeopardy


*Exceptions to the Rule – Note

Section 8. Provisional Dismissal. Note: Offenses punishable by imprisonment exceeding 6 years;


Offenses punishable by imprisonment not exceeding 6 years

People v. Lacson

Section 9. Failure to move to quash or to allege any ground therefor. Rule.


*Exceptions – Sec. 3 [pars. (a), (b), (g), (h)] Rule 117

RULE 118. Pre-Trial

Section 1. Pre-trial; mandatory in criminal cases.


*Note: A.M. No. 03-1-09 -SC-Rule on Guidelines To Be Observed by Trial Court Judges and Clerks of
Court in the Conduct of Pre-Trial and Use of Deposition-Discovery Measures
Section 2. Pre-trial agreement. Must be in writing, signed by the accused and counsel
Section 3. Non-appearance at pre-trial conference.
Section 4. Pre-trial order. purpose

People vs. Badoso, July 5, 2010, 623 SCRA 580 – on “stipulation of facts”

RULE 119. Trial

Section 1-16. Codal. Rule: Continuous Trial until terminated. Avoidance of unnecessary dealys
Note: RA 8493 – Speedy Trial Act;
Sec. 14 (2) Art. III, 1987 Constitution; Sec. 1 (h) Rule 115
*Remedy where accused is not brought to trial within the time limit – dismissal

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Section 17. Discharge of accused to be state witness.


Note:
523 SCRA 147;
231 SCRA 783

Section 18. Discharge of accused operates as acquittal.

*Discharge of accused to be state witness – not a matter of right


*Conditions before accused can be discharge as state witness
*Procedural Requirements for the discharge

Can a person be discharge from the information even without the approval of the court?
Yes. *RA 6981 – An Act Providing for a Witness Protection, Security and Benefit Program and for other
purposes

Cases:
Webb v. De Leon, 247 SCRA 652;
People v. Chavez, 397 SCRA 228;
People v. Sunga, 399 SCRA 624

Section 19. When mistake has been made in charging the proper offense. *Galvez v. CA, 237 SCRA
685

Section 20-21. Codal.


Section 22. Consolidation of trials of related offenses.

Section 23. Demurrer to evidence. Concept.

*Basis for the filing of a demurer to evidence


*Rule for filing demurer to evidence

Section 24. Reopening.


*Basis. To avoid a miscarriage of justice.
*time frame for filing

RULE 120.Judgement

Section 1. Judgment definition and form.


Section 2. Contents of the judgment.

*Note: Sec. 14, Art. VIII, 1987 Constitution

Section 3. Judgment for two or more offenses. Note: Sec. 13, Rule 110
Section 4-5. Codal
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Section 6. Promulgation of judgment.


*What constitutes promulgation of judgment. Its significance.

Section 7. Modification of judgment. Upon motion of the accused before the judgment becomes final or
before perfection of appeal
Section 8. Entry of judgment.
Section 9. Existing provisions governing suspension of sentence, probation and parole not affected by
the Rule.

RULE 121. New Trial or Reconsideration

Section 1. New trial or reconsideration. Concept.


Section 2. Grounds for a new trial. – vs. reopening.
Section 3. Ground for reconsideration.
Section 4-5. Codal
Section 6. Effects of granting a new trial or reconsideration

RULE 122. Appeal

Section 1. Who may appeal.


Section 2. Where to appeal.
Section 3. How appeal is taken. (see illustration)
*Appeal. A mere statutory privilege.
*Modes of Appeal in criminal cases
*A.M. 00-5-03 SC, Oct.. 15, 2004, Amended Rules Governing Death Penalty Cases

Cases:
*People v. Mateo, 433 SCRA 640;
*People v. Ochoa, 453 SCRA 299

People of the Philippines v. Taruc, Feb. 18, 2009, 579 SCRA 682

Effect of appeal. See People v. Borromeo, 430 SCRA 533, June 3, 2004 – “In criminal cases, an
appeal throws the whole case wide open for review. The reviewing tribunal can correct errors or even
reverse the trial court’s decision on grounds other than those that the parties raise as errors.”

Balaba v. People, July 17, 2009, 593 SCRA 210, citing Melencion v. Sandiganbayan, 554 SCRA
345 – xxx while an error in designating the appellate court is not fatal to the appeal, the correction in
designating the proper appellate court should be made within the 15 day period to appeal. (note: Sec.
2, Rule 50, Rules of Court)

Section 4-13. Codal. Procedure for Appeal

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*Sec. 6. When appeal is to be taken – note: Neypes, et. al. v. Court of Appeals, et. al. 469 SCRA
633

Note: Judith Yu v. Hon. Rosa Samson-Tatad, G.R. No. 170979, Feb. 9, 2011, “fresh period rule”
applicable to criminal cases as well…

Section 12. Withdrawal of appeal.

Abandonment of appeal. – Note: Phil. Rabbit Bus Lines, Inc. v. People, April 14, 2004

RULE 123. Procedure in the Municipal Trial Courts

Section 1. Uniform Procedure.*Rule – The procedure to be observed in the Metropolitan Trial Courts,
Municipal Trial Courts, Municipal Circuit Trial Courts shall be the same as in the Regional Trial Courts.

Exception – Criminal cases governed by the Revised Rules on Summary Procedure Law

RULE 124. Procedure in the Court of Appeals

Section 1. Title of the case.


Section 2. Appointment of counsel de oficio for the accused.

Briefs. (Sections 3-7) note: Contents of the appellant’s briefs – assignment of errors, its purpose.
People v. Borromeo, 430 SCRA 533 xxx “In criminal cases, an appeal throws the whole case wide
open for review. The reviewing tribunal can correct errors or even reverse the trial court’s decision on
grounds other than those that the parties raise as errors.”

Section 8-18. Codal


*Sec. 11. Scope of the Judgment of the Court of Appeals.
*Sec. 12. Power of the Court of Appeals to Receive Evidence.
*Sec. 13. Quorum of the Court; Certification or Appeal of Cases to Supreme Court
*A.M. 00-5-03 SC, Oct. 15, 2004 (amending Sec. 12 & 13 of Rule 124)

RULE 125. Procedure of the Supreme Court

Section 1. Uniform procedure. – Unless otherwise provided by the Constitution or by law, the
procedure of the Supreme Court in original and in appealed cases shall be the same as in the Court of
Appeals. (1a)

Section 2. Review of decisions of the Court of Appeals. Note: A.M. 00-5-03, Oct. 15, 2004

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Section 3. Decision of opinion is equally divided. – When the Supreme Court en banc is equally divided
in opinion or the necessary majority cannot be had on whether to acquit the appellant, the case shall
again be deliberated upon and if no decision is reached after re-deliberation, the judgment of conviction
of the lower court shall be reversed and the accused acquitted. (3a)

NOTE: A.M. 10-4-20 SC, May 4, 2010

Rule 1, Sec. 4. – Amendment or suspension of the Rules

Rule 2, Sec. 2. Quorum of the Court en banc. 8 members.


Sec. 3. Court en banc matters and cases. [15] xxx (b) death penalty; reclusion perpetua; (k) cases
where 3 votes in a division cannot be obtained.

Sec. 3. Composition and quorum of a division. - majority of the members who actually took part.

Rule 3. Exercise of Judicial Function

S1. The Supreme Court, a court of law


S2. The court not a trier of facts.
S4. Cases when the court may determine factual issues. 11 items.

Rule 12. Voting Requirements.

S1. Voting requirements – en banc – majority of the members; in division – 3 members

S2. Tie voting in the court en banc. xxx xxx


(b) in criminal cases, when the court en banc is equally divided in opinion or the necessary majority
cannot be had, the court shall deliberate on it anew. If after such deliberation still no decision is
reached, the court shall reverse the judgment of conviction of the lower court and acquit the accused.

S3. Failure to obtain required votes in division – where the necessary majority of 3 votes is not obtained
in a case in a division, the case shall be elevated to the court en banc.

Rule 15. Finality of Decision and Resolution.

S3. 2nd Motion for Reconsideration. --- “higher interest of justice” (en banc, 2/3 votes)

-in the Division, a vote of 3 members shall be required to elevate a 2nd motion for reconsideration to the
court en banc

Rule 16. S1. Entry of Judgment. – xxx the date of entry of judgment shall be the date such decision or
resolution becomes executory, unless the court directs its immediate execution.

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RULE 126. Search and Seizure

Section 1. Search and warrant defined.


Section 2-12. Codal
*Sec. 2, Art. III, 1987 Constitution

Fundamental Principle/ Cases:


Stonehill v. Diokno, 20 SCRA 382;
Roan v. Gonzales, 145 SCRA 686;
People v. Go, 411 SCRA 81;
People v. Marti;
Webb v. De Leon, 247 SCRA 10;
Tambasen v. People of the Philippines, 246 SCRA 184

Warrantless Searches –

Section 13. Search incident to the lawful arrest; Search of evidence in plain view; Search of moving
vehicles; Checkpoints; Consented warrantless searches; Searches in accordance with customs laws;
Stop and frisk (Terry Search); Exigent and emergency circumstances –

Note: Stop and frisk –


Esquillo v. People, 629 SCRA 370, Aug. 25, 2010,
283 SCRA 159;
163 SCRA 402;
217 SCRA 597;
382 SCRA 480;
22 SCRA 857;
373 SCRA 221;
178 SCRA 211;
144 SCRA 1;
188 SCRA 288;
233 SCRA 716

Note: Any evidence obtained arising from an illegal search and seizure shall be inadmissible as
evidence (Sec. 3 (2), Art. III, 1987 Constitution)

Section 14. Motion to quash a search warrant or to suppress evidence; where to file.
Note: Malaloan, et. al. v. CA, et. al., 232 SCRA 249

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RULE 127. Provisional Remedies in Criminal Cases

Section 1. Availability of provisional remedies. – The provisional remedies in civil actions, insofar as
they are applicable, may be availed of in connection with the civil action deemed instituted with the
criminal action. (1a)

Section 2. Attachment. Grounds for attachment.

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