Professional Documents
Culture Documents
SUBJECT COMMITTEE:
PINKY D. VELOSO subject chair, KAMILLE DEANNE M. LAGASCA assistant subject chair, ALYSSA DAPHNE M. AVILA edp, GABRIEL P.
OLANDESCA & ALAN HUBERT P. CHU civil procedure, RITA THERESE F. SANTIAGO special civil actions, HANSEL P. MORAÑA special
proceedings, ANTONIO CEASAR R. MANILA criminal procedure, JANA MONICA Z. VALENZUELA evidence, MARIS DONNA G.
KWOK special laws
MEMBERS:
Criminal Procedure| REMEDIAL LAW
be heard; and How Jurisdiction over the Subject Matter is
4. That judgment is rendered only upon Determined
lawful hearing (Alonte v. Savellano, Jr., Jurisdiction over criminal case is determined
287 SCRA 245). by the ALLEGATIONS in the complaint or
information. The elements of an offense must
Criminal Jurisdiction is the authority to hear appear in the complaint or information so as to
and try a particular offense and impose the ascertain which court has jurisdiction over a
punishment for it (People v. Mariano, G.R. No. case.
L-40527, June 30, 1976).
Statute Applicable to a Criminal Action
Jurisdiction over the Jurisdiction over the Jurisdiction to try a criminal action is
Subject Matter Person of the determined by the law in force at the time of
Accused the institution of the action and NOT:
a. The time of its commission; nor
Refers to the authority Requires that the
of the court to hear and person charged with the b. During the arraignment.
determine a particular offense must have been
criminal case. brought in to its forum Imposable Penalty
for trial, forcibly by In determining whether or not the court has
warrant of arrest or jurisdiction over the offense, the penalty which
upon his voluntary
submission to the court.
may be imposed upon the accused is
considered and NOT the actual penalty
Derived from the law. May be acquired by imposed after the trial.
It can never be consent of the
acquired solely by accused or by waiver Principle of Adherence of Jurisdiction
consent of the of objections.
accused.
The jurisdiction of the court is referred to as
“continuing” in view of the general principle
Objection that the If he fails to make his that once a court has acquired jurisdiction, that
court has no objection in time, he jurisdiction continues until the court has done
jurisdiction over the will be deemed to all that it can do in the exercise of that
subject matter may be have waived it.
jurisdiction (20 Am. Jur. 2d, Courts, S 147,
made at any stage of
the proceeding, and
1965).
the right to make such
objection is never General Rule: The jurisdiction once vested,
waived. CANNOT be withdrawn or defeated by:
a. A subsequent amendment of the
Requisites for a valid exercise of criminal information;
jurisdiction b. A new law amending the rules of
1. Jurisdiction over the Subject Matter jurisdiction
2. Jurisdiction over the Territory
3. Jurisdiction Over the Person of the Exception: When the statute expressly so
Accused provides, or is construed to the effect that it is
intended to operate upon actions pending
JURISDICTION OVER THE SUBJECT before its enactment.
MATTER
This refers to the authority of the court to hear Objections to Jurisdiction
and determine a particular criminal case. The
offense, by virtue of the imposable penalty or General Rule: The question of jurisdiction
its nature, is one which the court is by law may be raised at any stage of the proceedings
authorized to take cognizance of. (Lu v. Lu Ym, Sr., G.R. Nos., 153690, 157381,
170889, August 4, 2009).
How Jurisdiction over the Subject Matter is .
Conferred Exception: Where there has been estoppel by
It is conferred by LAW. It is the law that laches on the party who raised the question
confers jurisdiction and NOT THE RULES. (Tijam v. Sibonghanoy, G.R. No. L-21450,
April 15, 1968).
Jurisdiction cannot be fixed by the will of the
parties nor can it be acquired or diminished by If the lower court had jurisdiction, and the case
any act of the parties. was heard and decided upon a given theory,
such as for instance, as that the court had no
jurisdiction, the party who induced it to adopt
such theory will not be permitted, on appeal, to
General Rule: The offended party has the Note: ONLY the civil liability arising from the
right to intervene by counsel in the prosecution crime charged (cause of action arising from
delict) as a felony is now deemed instituted.
of the criminal action, where the civil action for
recovery of civil liability is instituted in the
criminal action pursuant to Rule 111. Civil liability arising from other sources of
obligations (law, contract, quasi-contract
and quasi delict) are no longer deemed
Exceptions:
instituted like those under Article 32, 33,
1. Where from the nature of the crime and 34 and 2176 of the Civil Code. Thus, in all
the law defining and punishing it, NO civil such cases, the prosecution of civil action
liability arises in favor of the offended may be made independently, even without
party; reservation.
2. Where the offended party has waived his The appearance of the offended party in
right to civil indemnity; the criminal case through a private
3. Where the offended party has expressly prosecutor may not per se be considered
reserved his right to institute a separate either as an implied election to have his
civil action; OR claim for damages determined in said
4. Where the offended party has already proceedings or a waiver of his right to
instituted said action. have it determined separately (Sarmiento,
Jr. v. Court of Appeals, G.R. No. 122502,
December 27, 2002).
RULE 111 – PROSECUTION OF CIVIL If the judgment did not provide for the
ACTIONS award of civil damages, the judge may be
compelled by MANDAMUS (Lontoc v.
SECTION 1. INSTITUTION OF CRIMINAL Jarantilla, G.R. No. 80194, March 21,
AND CIVIL ACTIONS 1989).
General Rule: When a criminal action is Rules on Filing Fees of Civil Action
instituted, the civil action for the recovery of deemed instituted with the Criminal Action:
civil liability arising from the offense shall be 1. NO filing fees are required for amounts of
SECTION 4. RESOLUTION OF
8. Aggrieved party from the decision of the
INVESTIGATING PROSECUTOR AND ITS
superior officer may file a petition for review to
REVIEW
the DOJ
If the investigating prosecutor finds cause to
hold the respondent for trial, he shall prepare
9. Information is filed in court if there is the resolution and information.
probable cause
Note: He shall certify under oath in the
information that:
1. He or an authorized officer personally
10. The court will determine whether there is
examined the complainant and his
probable cause for the issuance for the
witnesses;
warrant of arrest (not technically part of PI)
2. There is reasonable ground to believe that
a crime has been committed and the
accused is probably guilty thereof;
(Step 1 to 5 – Section 3; Step 6 to 9 – Section 3. The accused was informed of the
4; Step 10 – Section 5) complaint and of the evidence against him;
and
The complaint is required to be sworn 4. He was given an opportunity to submit
under oath so that the complainant can be controverting evidence.
held liable for perjury if the situation arose
If respondent cannot be subpoenaed, or if No complaint or information may be filed
subpoenaed but does not submit his or dismissed by an investigating
counter-affidavit within 10 days, the prosecutor without the prior written
investigating officer shall resolve the authority or approval of the provincial or
complaint based on the evidence city prosecutor or chief state prosecutor or
presented by the complainant. the Ombudsman or his deputy.
Note: The respondent shall not be allowed to Effects of Exclusion of other persons from
file a motion to dismiss in lieu of a counter- the information:
affidavit. The respondent also has no right to 1. If during the trial, evidence is shown that
cross-examine the witnesses which the such persons should have been charged,
Generally, a lawful arrest may be made Ratio: RIGHT to BAIL flows from the
anywhere, even on private property or in a presumption of innocence in favor of every
house. This rule is applicable both where accused who should not be subjected to the
the arrest is under a warrant, and where loss of freedom. Thus, the right to bail only
there is valid warrantless arrest. accrues when a person is arrested or deprived
This provision applies when the person of his liberty. The right to bail presupposes that
the accused is under legal custody (Feliciano v
making the arrest is an officer.
Pasicolan, 2 SCRA 888; Mendoza v CFI of
The officer breaking into the building will
Quezon, 51 SCRA 369, Paderanga v Court of
not be liable for damages he caused as Appeals, 64 SCAD 42, 247 SCRA 741).
the arrest is in the performance of his duty
and under Article 11, RPC, it is considered Purposes of Bail:
as a justifying circumstance. 1. To relieve an accused from the rigors of
imprisonment until his conviction and yet
SECTION 12. RIGHT TO BREAK OUT OF secure his appearance at the trial (Almeda
THE BUILDING OR ENCLOSURE TO v. Villaluz, G.R. No. L-31665, August 6,
EFFECT RELEASE 1975);
2. To honor the presumption of innocence
A private person making an arrest CANNOT until his guilt is proven beyond reasonable
break in or out of a building or enclosure doubt;
because only officers are allowed by law to do 3. To enable him to prepare his defense
so. without being subject to punishment prior
to conviction.
SECTION 13. ARREST AFTER ESCAPE OR
RESCUE Note: Bail is available only to persons in
custody of the law. A person is in the custody
Where a person lawfully arrested escapes or of law when he has been either arrested or
is rescued, any person may immediately otherwise deprived of his freedom or when he
pursue or retake him without a warrant at any has voluntarily submitted himself to the
time and in any place within the country. The jurisdiction of the court by surrendering to the
pursuit must be immediate. proper authorities (Dinapol v. Baldado, A.M.
No. 92-898, Aug. 5, 1993).
Note: The fugitive may be retaken by any
person who may not necessarily be the same Reason: The purpose of bail is to secure one’s
person from whose custody he escaped or release and it would be incongruous to grant
was rescued. Even a private person may, bail to one who is free. The rationale behind
without a warrant, arrest a convicted felon who this special rule on bail is that it discourages
has escaped and is at large, since he might and prevents resort to the former pernicious
also, before conviction, have arrested the felon practice wherein the accused could just send
(Salonga v. Holland, G.R. No. L-268, March another in his stead to post his bail, without
28, 1946). recognizing the jurisdiction of the court by his
personal appearance therein and compliance
SECTION 14. RIGHT OF ATTORNEY OR with the requirements therefor (Feliciano v.
RELATIVE TO VISIT PERSON ARRESTED Pasicolan, 112 Phil. 781, 783 [1961]).
R.A. No. 7438 defined certain rights of Difference between person in custody of
persons arrested, detained, or under custodial the law and jurisdiction over the person
investigation, with the penalties for violations
thereof. Person in Custody Jurisdiction over
of the Law the Person
RULE 114 - BAIL Required before the Required for the
court can act upon adjudication of
SECTION 1. BAIL DEFINED the application for reliefs other than
bail bail sought by the
Bail is the security given for the release of a defendant (e.g.
person in custody of the law, furnished by him motion to quash)
or a bondsman, conditioned upon his
appearance before any court as required One can be under One can be subject
under the conditions specified by the rule the custody of the to the jurisdiction of
Where to file Bail upon Conviction by the For purposes of recommending the amount of
RTC of an Offense Not Punishable by bail, the privileged mitigating circumstance of
Death, Reclusion Perpetua, Or Life minority shall be considered (Sec. 34 , RA No.
Imprisonment: 9344 or the Juvenile Justice and Welfare Act
1. With the trial court despite the filing of a of 2006).
notice of appeal provided it has not
transmitted the original record to the RA No. 9344 (Juvenile Justice and
appellate court. Welfare Act of 2006) suspends sentence
2. With the appellate court if the original of persons convicted of an offense while
records has already been transmitted they were below 18 years old but above
3. With the appellate court if the decision of 15 years old, who acted with discernment.
the trial court convicting the accused If they acted without discernment, only civil
The judge must see to it that the accused is Effect of Improvident Plea
not under the false impression that a plea of The conviction will be set aside if the plea of
guilty carries with it a lenient treatment or a guilty is the sole basis for the judgment.
lighter treatment because his admission shows However, the court may validly convict the
remorse on his part. accused if such conviction is supported by
adequate evidence of guilt independent of the
SECTION 4. PLEA OF GUILTY TO NON- plea itself (People v. Derilo, G.R. No. 117818,
CAPITAL OFFENSE; RECEPTION OF April 18, 1997).
EVIDENCE, DISCRETIONARY
Note: At any time before the judgment of
Consequences of Plea of Guilty conviction becomes final, the court may permit
As a rule, a plea of guilty constitutes an an improvident plea of guilty to be withdrawn
unqualified admission of the crime and of the and be substituted by a plea of not guilty.
attendant circumstances alleged in the
information and may thus be the basis of a The withdrawal of a plea of guilty is not a
judgment without the need of evidence to matter of right to the accused but of sound
prove the same. However, the court may, discretion to the trial court (People v.
upon motion, allow the presentation of Lambrino, G.R. No. L-10845, April 28,
evidence to prove mitigating circumstances. 1958).
Failure to Charge an Offense (for both Effect of Withdrawal: Setting aside of the
Capital and Non-Capital Offenses) judgment of conviction and the re-opening of
Where the facts charged in the information do the case for new trial.
not state an offense, no conviction thereon can
be had notwithstanding the defendant’s plea of SECTION 6. DUTY OF THE COURT TO
guilty. INFORM ACCUSED OF HIS RIGHT TO
COUNSEL
Guilty Plea: Non-capital v. Capital
For non-capital offenses, the reception of Duties of the court when the accused
evidence is merely discretionary on the part of appears before it without counsel
the court. If the information or complaint is 1. It must inform the defendant that it is his
sufficient for the judge to render judgment on a right to have an attorney before being
non-capital offense, he may do so. But if the arraigned;
case involves a capital offense, the reception 2. After giving him such information, the court
of evidence to prove the guilt and degree of must ask him if he desires the aid of an
culpability of the accused is mandatory. attorney;
3. If he desires and is unable to employ one,
the court must assign an attorney de
Who may be appointed Counsel de Officio: Like in civil cases, the bill of particulars
1. Such members of the bar in good standing here should be considered an integral part
who can competently defend the accused; of the complaint or information which it
2. In localities where such members of the supplements.
bar are not available, any resident of the The remedy against an indictment that
province of good repute for probity and fails to allege the time of commission of
ability. the offense with sufficient definiteness is a
motion for a bill of particulars, not a
Note: A private prosecutor, who assisted the motion to quash (Rocaberte v. People,
prosecuting attorney in prosecution against G.R. No. 72994, January 23, 1991).
one defendant, is disqualified from acting as The failure to ask for a bill of particulars
counsel de officio for the other defendants in amounts to a waiver of such right and it
the same case. deprives him of the right to object to
evidence which could be lawfully
However, although the attorney appointed as introduced and admitted under an
counsel de officio had previously appeared as information of more or less general terms
private prosecutor in the case, if it appears which sufficiently charges the defendants
that the accused were properly defended, the with a definite crime (People v. Gutierrez,
appointment, if it be erroneous, is not a G.R. No. L-4041, August 30, 1952).
reversible error (People v. Manigbas, G.R. No.
L-10352-53, Sept. 30, 1960). What are alleged in a motion for the bill of
particulars:
SECTION 8. TIME FOR COUNSEL DE 1. The alleged defects in the complaint or
OFFICIO TO PREPARE FOR information
ARRAIGNMENT 2. Details desired by the accused to be
clarified
What Constitutes “Reasonable Time”
It depends on the circumstances It is NOT the office of the bill of particulars
surrounding the case such as the gravity to:
of the offense, complexity of the 1. Supply material allegation necessary to
allegations, whether a motion to quash or the validity of a pleading.
a bill of particulars has to be filed, etc. 2. Change a cause of action or defense
Generally, a reasonable time to prepare stated in the pleading, or to state a cause
for trial is 2-15 days. of action or defense other than one stated.
SECTION 11. ORDER OF TRIAL Refusal of the trial court to reverse the
order of trial upon demand of the accused
Order of Trial who pleads self-defense as a defense is
1. The prosecution shall present evidence not a reversible error.
to prove the charge and, in the proper
case, the civil liability; Note: Trial of an accessory can proceed
2. The accused may present evidence to without awaiting the result of the separate
prove his defense and damages, if any, charge against the principal. They are distinct
arising from the issuance of a provisional from each other (Vino v. People, G.R. No.
remedy in the case; 84163, Oct. 19, 1989).
3. The prosecution and the defense may, in
that order, present rebuttal and sur- SECTION 12. APPLICATION FOR
rebuttal evidence unless the court, in EXAMINATION OF WITNESS FOR
furtherance of justice, permits them to ACCUSED BEFORE TRIAL
present additional evidence bearing upon
the main issue;
SECTION 13. EXAMINATION OF DEFENSE If the court is satisfied, upon proof or oath, that
WITNESS; HOW MADE a material witness will not testify when so
required, it may on motion of either party order
If the court is satisfied that the examination of the witness to post bail in such sum as may be
witness is necessary as provided in Section 4, deemed proper. Should the witness refuse to
an order shall be made and a copy served on post such bail as required, the court may
the fiscal at least 3 days before the scheduled commit him to prison until he complies or is
examination. legally discharged after his testimony has
been taken.
Who should make the examination?
The examination shall be taken before any Note: Even if the witness has been cited to
judge or if not practicable any member of the appear before a court sitting outside of the
Bar in good standing designated by the trial province in which he resides and the distance
court, or by a lower court designated by a is more than one hundred (100) kilometers
court of superior jurisdiction which issued the from his place of residence by the usual
order. The examination shall proceed even in course of travel, he is still bound by the
the absence of the prosecutor provided he subpoena. Rule 23 applies only in civil cases.
was duly notified.
SECTION 15. EXAMINATION OF WITNESS
Deposition FOR THE PROSECUTION
It is the testimony of a witness taken upon oral
questions or written interrogatories, in open Examination of Witness for the
court, but in pursuance of a commission to Prosecution:
take testimony issued by a court, or under a 1. The witness for the prosecution may be
general law or court rule on the subject, and conditionally examined by the court where
reduced to writing and duly authenticated, and the case is pending if said witness is:
intended to be used in preparation and upon a. Too sick to appear at the trial; or
the trial of a civil or criminal prosecution. b. Has to leave the Philippines with no
definite date of return.
Purpose of taking depositions: 2. Such examination should be in the
1. Greater assistance to the parties in presence of the accused or in his absence
ascertaining the truth and checking and after reasonable notice to attend the
preventing perjury; examination has been served on him.
2. Provide an effective means of detecting 3. Examination of child witnesses is tackled
and exposing false, fraudulent claims and under the Rule on Examination of a Child
defenses; Witness which took effect on December
3. Make available in a simple, convenient 15, 2000. (A.M. No. 004-07-SC)
and inexpensive way, facts which
otherwise could not be proved except with Conditional examination of witness
greater difficulty; Defense Prosecution
4. Educate the parties in advance of trial as witness witness
to the real value of their claims and 1. Witness is 1. Witness is
defenses thereby encouraging Requirement sick sick
settlements; 2. Witness
Rules on the validity of promulgation of Note: If the judgment is for conviction and the
judgment: accused’s failure to appear was without
1. The judgment must have been rendered justifiable cause, he shall lose the remedies
and promulgated during the incumbency of available in these Rules (Appeal, Motion for
the judge who signed it; Reconsideration, Motion for New Trial) against
2. The presence of counsel during the the judgment and the court shall order his
promulgation of judgment is not arrest.
necessary;
3. The judgment must be read in its entirety Within 15 days from the promulgation of
for double jeopardy to attach. judgment, however, the accused may
surrender AND file a motion for leave of
The judge is not required to promulgate the court to avail of these remedies. If his
judgment personally motion is granted, he may avail of the
remedies within 15 days from notice.
Who may promulgate the judgment Judges are directed to take down notes of
1. Judge of the court in which it was salient portions of the hearing and to
rendered proceed in the preparation of decisions
2. Clerk of the said court in the absence of without waiting for the TSNs; with or
the judge who rendered judgment. without TSNs, the 90 day period for
3. Executive Judge of the RTC having deciding cases should be adhered to
jurisdiction over the place of confinement (Lawan v. Moleta, A.M. No. L-1696-MJ,
or detention, when accused is confined or June 19, 1979).
detained and upon the request of the
judge who rendered judgment. SECTION 7. MODIFICATION OF JUDGMENT
Permanent and temporary vacancy of the Upon motion of the accused, a judgment of
judge conviction may be modified or set aside by the
1. Temporary vacancy of the judge – court BEFORE it has become final or
the judgment written by the said judge BEFORE an appeal has been perfected.
can be used even if the judge is
absent (e.g. judge was merely moved Modification of
New Trial
to a position of concurrent judicial Judgment
level; judge is on vacation) No new hearings or
2. Permanent vacancy of the judge – proceedings of any Irregularities are
the judgment written by the said judge kind or change in the expunged from the
cannot be promulgated if he is absent. record or evidence. A record and/or new
(e.g. judge was demoted or promote; simple modification is evidence is
death or retirement of the judge) made on the basis of introduced.
what is on record.
Promulgation in Absentia
There are TWO (2) instances when a A judgment becomes final:
judgment may be promulgated even without 1. When the period for perfecting an appeal
the personal presence of the accused, to wit: has lapsed;
1. When the judgment is for a light offense, in 2. When the sentence is partially or totally
which case, the accused’s counsel or satisfied or served;
representative may stand in for him; and 3. When the accused expressly waives in
2. In cases where despite due notice to the writing his right to appeal; and
accused or his bondsman or warden and 4. When the accused applies for probation.
counsel, the accused failed to appear at
the promulgation of the decision. A judgment of acquittal becomes final
immediately after promulgation and cannot
be recalled for correction or amendment.
2. When a new trial is granted on the ground Note: Only final judgments and orders are
of newly discovered evidence, the appealable.
evidence already taken shall stand, and
the newly discovered and such other When can prosecution appeal the judgment
evidence as the court may, in the interest or final order of the court?
of justice, allow to be introduced, shall be 1. Can appeal the civil aspect of the criminal
taken and considered together with the case.
evidence already in the record; 2. Can appeal criminal aspect of the case
provided that it did not place the accused
In other words, all of the evidence in double jeopardy.
previously adduced shall stand. Example: The prosecution validly filed
a motion for substitution to change the
3. In all cases, when the court grants new charge of Robbery to Grave Coercion.
trial or reconsideration, the original The RTC denied the motion even
SECTION 9. APPEAL TO THE REGIONAL The right to counsel de officio does not cease
TRIAL COURTS upon the conviction of an accused by a trial
court but continues even during appeal.
SECTION 10. TRANSMISSION OF
RECORDS IN CASE OF DEATH PENALTY Duties of the clerk of the trial court to the
appellant who is confined in prison upon the
SECTION 11. EFFECT OF APPEAL BY ANY presentation of notice of appeal:
OF SEVERAL ACCUSED 1. He shall ascertain from the appellant,
whether he desires the Regional Trial
These are the effect of appeal by any of Court, Court of Appeals or the Supreme
several accused: Court to appoint an attorney de officio to
1. An appeal taken by one or more of several defend him;
accused shall not affect those who did not 2. He shall transmit with the record, upon a
appeal, except insofar as the judgment of form to be prepared by the clerk of the
the appellate court is favorable and appellate court, a certificate of compliance
applicable to the latter; with this duty and of the response of the
2. The appeal of the offended party from the appellant to his inquiry.
civil aspect shall not affect the criminal
aspect of the judgment or order appealed
from; RULE 123 – PROCEDURE IN
3. Upon perfection of the appeal, the MUNICIPAL TRIAL COURTS
execution of the judgment or final order
appealed from shall be stayed as to the SECTION 1. UNIFORM PROCEDURE
appealing party.
Procedure to be observed in Metropolitan
Note: The Supreme Court has relaxed the Trial Courts, Municipal Trial Courts and
application of this provision in certain cases: Municipal Circuit Trial Courts: They shall
Instances when an Accused can be given a Unlike the procedure in civil cases, it has
Counsel de Officio on Appeal: been held that it is not essential for the
1. Accused is confined in prison; accused to make assignment of errors in
2. He is without counsel de parte on appeal; his brief, as on appeal, the whole record of
or the case is submitted to and reviewable by
3. He signed the notice of appeal himself. the appellate court.
Issues that were never raised in the
Exception: An accused-appellant not confined proceedings before the trial court cannot
to prison can have a counsel de officio if be considered and passed upon on
requested by him in the appellate court within appeal.
10 days from receipt of the notice to file brief
and the right thereto is established by affidavit. SECTION 8. DISMISSAL OF APPEAL FOR
ABANDONMENT OR FAILURE TO
SECTION 3. WHEN BRIEF FOR THE PROSECUTE
APPELLANT TO BE FILED
Grounds for Dismissal of Appeals
Seven (7) copies of the brief shall be filed 1. Failure on the part of the appellant to file
within 30 days from receipt by the appellant or brief within the reglementary period,
his counsel of the notice from the clerk of court except when he is represented by a
of the Court of Appeals that the evidence, oral counsel de officio;
and documentary, is already attached to the 2. Escape of the appellant from prison or
record. confinement;
3. When the appellant jumps bail; and
Brief literally means a short or condensed 4. Flight of the appellant to a foreign country
statement. during the pendency of the appeal.
Factors in Determination of Probable Note: The warrant must name the person
Cause: upon whom it is to be served EXCEPT in
1. Time of the application in relation to the those cases where it contains a descriptio
alleged offense committed. The nearer the personae such as will enable the officer to
time at which the observation of the identify the person. The description must be
offense is alleged to have been made, the sufficient to indicate clearly the proper person
more reasonable the conclusion of upon whom it is to be served (People v.
establishment of probable cause (Asian Veloso, G.R. No. L-23051, Oct. 20, 1925).
Surety Insurance v. Herrera, G.R. No. L-
25232, December 20, 1973); The absence of a probable cause for a
2. Need for competent proof of particular acts particular article does not generally invalidate
or specific omissions in the ascertainment the warrant as a whole but may be severed
of probable cause (Stonehill v. Diokno, from the rest which meets the requirements of
G.R. No. L-19550, June 19, 1967); probable cause and particularity (People v.
3. The facts and circumstances that would Salanguit, G.R. Nos. 133254-55, April 15,
show probable cause must be the best 2001).
evidence that could be obtained under the
circumstances. If such best evidence “Multi-factor Balancing Test” in determining
cannot be obtained, the applicants must Probable Cause: One which requires the
show a justifiable reason therefor upon officer to weigh the manner and intensity of the
judge’s examination (People v. Judge interference on the right of the people, the
Estrada, G.R. No. 124461, Sept. 25, gravity of the crime committed, and the
1998). circumstances attending the incident (Allado v.
Judge Diokno, G.R. No. 113630, May 5,
Who Determines Probable Cause 1994).
Probable cause must be determined
personally by a judge (Art. 3, Sec. 2, 1987 SECTION 5. EXAMINATION OF
Constitution). COMPLAINANT; RECORD