Jurisdiction c. Necessity of oath a.

Remedies: before arraignment (bill of

d. scope particulars/quash the information)
CTA, CA, SC Sec. 5. Who must prosecute b. Waiver
Complex Crimes 1. Private prosecutor i. Did not avail remedies
Continuing Crimes—estafa, libel 2. OSG ii. Did not object
Destierro—MTC 3. Ombudsman iii. Cured by evidence during trial
Katarungang Pambarangay 4. Matters under the control of the prosecution 6. Non-inclusion of some witnesses in information not bar
Exceptions: a. After the case is filed (court) for prosecutor to present them during trial
1. Disputes requiring urgent legal action: accused detained, 5. Prosecution of private crimes Sec. 7. Name of the accused
calls for HC, actions with prov rem/may be barred by a. Who may prosecute 1. Purpose:
statute of limitations i. Concubinage and adultery a. specific identification of the accused
2. (LGC) one party is Government, public officer (dispute ii. SALA; Rules in Pardon b. acquire jurisdiction over the person
relates to office), imprisonment more than 1 year, fine iii. Defamation Imputing to a person c. inform the accused
over 5k, no private offended party, real properties in any of the stated crimes; pardon v. 2. Rules in stating the name
different municipalities, resident of different barangays, as consent 3. John Does
determined by President upon recommendation of DOJ b. Subsequent marriages; 4. Error in name is formal defect curable at any stage; insert
secretary Exceptions: Sec. 8. Designation of the offense
3. CARL, Labor disputes, actions to annul judgment upon i. Invalid marriage 1. Purpose
compromise, complaint against juridical entities ii. Private libel 2. Designation; acts/omissions; specific qualifying and
iii. Multiple rape aggravating circumstances
Rule 110: Prosecution of Offenses c. Acquittal or death of one of the accused not 3. Allegations prevail over designation
bar 4. Habitual delinquency
Sec. 1. Institution of Action d. Death of the offended spouse a. Previous crime
1. Preliminary investigations i. Before filing—bar b. Last conviction/release
2. Suspension of prescriptive period ii. After filing—not bar c. Other previous conviction/release
a. Summary procedure e. Desistance of complaint 5. Rape cases
b. Katarungang Pambarangay f. Offended party; certiorari Sec. 9. Cause of the accusation
3. Criminal action v. criminal prosecution g. Pardon 1. To convict requires clear charge in the
4. Remedies if prosecutor refuses to file Information h. consent complaint/information; exception: waiver
a. DOJ Secretary/President 6. Prosecution commenced by Information in RTC; 2. Rule on allegation of qualifying/aggravating
b. New complaint before the court where no DJ exceptions: circumstances—must be alleged
c. Admin case a. Crimes against chastity, defamation imputing a. Habitual delinquency
d. Criminal case under (208) RPC—negligence to thereof i. Committed previous offense
prosecute/tolerance of crime i. Variance: complaint and ii. Last conviction/release
e. Damages (27) NCC—failure to render service of information iii. Other previous conviction/release
public officer b. Information not properly signed b. Qualified rape
f. Mandamus—grave abuse; to compel Sec. 6. Sufficiency of complaint or information c. Unlawful Possession of Firearm
prosecution 1. Contents i. Aggravating
g. Special prosecutor a. Name of the accused ii. Absorbed in rebellion
5. Injunction to restrain criminal prosecution b. Name of offended party iii. Not used to commit another crime
Sec. 2-4. Complaint/Information c. Designation of offense d. Negative averments [?]
1. Requisites as to form d. Acts/omissions i. Negative averment is at issue and
2. Complaint; requisites e. Approximate Date an essential ingredient of the
a. Complaint filed with prosecutor f. place crime—prosecution has the burden
i. Initiate preliminary investigation 2. Purpose ii. Exception: negative averment does
ii. Private crimes (under oath) a. Inform the accused not permit direct proof, that only
b. Filed with the court for commencement of b. And set out his defense the defendant has knowledge of
criminal prosecution 3. Test for sufficiency such proof
c. Who can file complaint a. Elements of the offense; sufficient to warrant e. Complex crimes—can be convicted of the
3. Information; requisites trial offense proven
a. Who can file b. (Other proceedings for similar offense) Extent Sec. 10. Place of commission
b. Effect of infirmity of plea to former acquittal or conviction 1. Purpose: territorial jurisdiction
4. Complaint v. information 4. Ambiguity in the accusation—in favor of the accused 2. Rule: need not specify so long as the offense
a. Subscription 5. Defective information committed/any ingredient occurred at some place within
b. Where filed the territorial jurisdiction of the court
 3. Exception: place is the element of the crime a. Various prosecutions for the same act under ix. SB
a. Trespass to dwelling same statute x. Illegal recruitment (Migrant
b. Destructive arson Sec. 14. Amendment or substitution Worker’s Act)
c. Robbery in inhabited place 1. Amendment—change of offense in the information; xi. Perjury
d. Violation of domicile correction of error in information; adding/striking out Sec. 16. Intervention of the offended party
e. Visitor of opium den a. Formal; substantial 1. Rule
f. Violation of election law b. Rules 2. Exceptions
Sec. 11. Date of commission i. Before the plea—with leave of court a. No civil aspect
1. Rule: need not specify 1. Exception: b. Waives, reserves, institute civil action prior to
2. Exception: date is element to the crime a. Downgrades criminal action
a. Infanticide the offense;
b. Abortion or Rule 111: Prosecution of Civil Actions
c. Bigamy b. Excludes any
d. Violation of Sunday statute (Election law) accused 1. Institution of criminal and civil actions
e. Remedy—Bill of Particulars/quashal of c. Motion of a. Rule: civil action arising from the offense is
information; ow deprives the accused to object prosecutor deemed instituted with the criminal action.
evidence that could lawfully be introduced d. Notice to i. Two offended parties: State and the
Sec. 12. Name of the offended party offended victim
1. Natural person party ii. to avoid multiplicity of suits
a. Name and surname; nickname e. Court state b. Exceptions:
b. Except: against property—name of the the reasons, i. Waives
offended party is unknown furnish copies ii. Reserves
i. Specify the property to parties 1. When: Before
ii. To identify the proper offense ii. After the plea; doctrine of prosecution starts
charged supervening event; test for presenting evidence and
2. Juridical propriety Circumstances affording
3. Positive identification c. No substantial amendment after the plea; offended party chance to
Sec. 13. Duplicity of offense exception make such reservation
1. Purpose: not heap upon the accused with two or more d. Requisites for Double Jeopardy 2. Exceptions:
charges that may confuse him 2. Substitution—changing the recital of facts a. B.P. 22
2. Rule: one information for one offense a. Limitations b. SB cases (only
3. Exceptions: two or more offenses are punished by single i. No judgment yet in SB be filed)
penalty under the statute ii. No DJ c. Tax cases
a. Complex crimes 3. Substitution v. amendment iii. Institute civil action prior to criminal
i. Complex proper a. Applicability action
ii. compound b. Scope c. Civil liability ex delicto may come in the form of
b. Special complex crimes c. Necessity of leave of court restitution, reparation, and indemnification.
c. Continuous crimes; requisites d. Necessity of another P.I. i. Restitution is defined as the
i. Plurality of acts performed e. Applicability of D.J. compensation for loss; it is full or
separately f. Homicide to murder (only substantial partial compensation paid by a
ii. Unity of penal provision amendment) criminal to a victim ordered as part
iii. Unity of criminal intent 4. Allegation v. proof of a criminal sentence or as a
d. Crimes susceptible of being committed in Sec. 15. Place where the action is instituted condition for probation.
various forms 1. Rationale and purpose (two-fold) ii. Likewise, reparation and
e. Crimes of which another offense is an 2. Rules indemnification are similarly
ingredient a. Exceptions: defined as the compensation for an
f. Single act violates different statutes i. Art. 2 RPC injury, wrong, loss, or damage
g. Test ii. Railrod train, aircraft, public/private sustained. Clearly, all of these
4. Principle of absorption vehicle correspond to actual or
a. Acts committed in furtherance of rebellion iii. On board a vessel (voyage) compensatory damages defined
(political motive) iv. Piracy under the Civil Code.
5. Waiver: failure to move for v. Libel d. Mandamus—if the judgment did not provide
a. Quashal of information vi. Online libel for the award of civil damages
b. Before arraignment vii. Exceptional cases; SC e. Accused may appeal judgment of acquittal but
6. Splitting of case not allowed viii. BP 22 only with respect to civil aspect
 f. Filing fees b. with the court trying the criminal case 1. Civil liability based on
i. No filing fees required in actual 4. Acquittal in criminal case does not bar filing of civil case other sources
damages a. Prosecution/defense may appeal civil aspect (substitution)
1. Except: BP 22 (face value b. Except: final judgment that the fact from which 2. Civil action has been
of check) civil liability might arise did not exist reserved or instituted
ii. Other than actual damages, and 5. Employer’s civil liability (substitution of parties)
specified in Information—pay filing a. Subsidiary liability enforced in same criminal c. During appeal
fees action i. Criminal and civil liability
1. Not specified—need not i. Er-ee relationship extinguished
pay, simply constitute ii. Industry d. After final judgment
first lien on judgment iii. Related to function i. Pecuniary liabilities not
g. No cross-claims, counterclaims, third-party iv. insolvent extinguished
complaints b. Motion for execution against person ii. Claims against the estate 86 ROC
h. Appeal of criminal case subsidiarily liable 9. Judgment in civil action not a bar
i. Increase or decrease amount of 6. Extinguishment of criminal liability vis-à-vis 10. Suspension of criminal action by reason of prejudicial
damages extinguishment of civil liability question
1. Except: (additional a. Extinguish a. Prejudicial question—that which arises in a
penalties) co-accused i. Accused was declared innocent case the resolution of which is a logical
who did not appeal; ii. the fact from which civil liability antecedent of the issue involved in a criminal
modifications allowed if might arise did not exist case, cognizance pertains to another tribunal
beneficial to him iii. death of the accused b. To avoid conflicting decisions
i. Convicted of crime but dismissed the civil iv. no crime committed c. Elements:
aspect b. not extinguish i. Civil action must be instituted prior
i. Offended party may appeal to CA i. acquittal based on reasonable to criminal action
j. Compromise on civil aspect—must be before doubt, civil case reserved ii. Civil action involves issue intimately
judgment ii. nature of liability is civil only related issue raised in subsequent
i. Estafa is not affected by novation or 1. RPC—theft, estafa, criminal action (TEST)
compromise malicious mischief by iii. Resolution of such issue determines
ii. Guingona case—novation may family member whether the criminal action may
prevent incipient criminal liability to iii. civil liability not based on criminal proceed
arise; as long as no case filed yet. act d. Petition for suspension
2. When separate civil action is suspended iv. justifying circumstance i. During P.I. (office of the prosecutor)
a. After filing of criminal action--Reserved civil v. exempting circumstance ii. In court before prosecution rests its
action cannot be instituted until final judgment 7. civil action may proceed independently case (court where criminal action
of criminal action rendered a. 32, 33, 34, 2176 NCC filed for trial)
b. If civil action is instituted prior to the filing of b. preponderance of evidence
the criminal action and the criminal action is c. need not be reserved Rule 112: Preliminary Investigation
subsequently commenced—pending civil d. waiver does not bar
action is suspended until final judgment of e. no double recovery 1. P.I.—inquiry or proceeding to determine whether there is
criminal action i. cannot recover the difference but sufficient ground to engender a well-founded belief that a
c. Exceptions: only the excess crime has been committed and the respondent is probably
i. Independent civil actions f. purposes: guilty thereof, and should be held for trial; probable cause
1. 32 (damages for i. prevent subtle violation of 2. P.I. = at least 4y2m1d
impairing certain rights constitutional rights a. Except: lawful warrantless arrest
and liberties), 33 ii. prosecutor may be afraid to (inquest/direct filing)
(defamation, fraud, establish guilt 3. When may be asked
physical injuries), 34 iii. criminal cases are more difficult to a. If arrested—before the filing of
(police officer refuses to prove information/complaint; waiver 125 RPC
render aid) NCC 8. Effect of death on civil actions b. After the filing—within 5 days from knowledge
2. quasi-delict a. Before arraignment of the filing (mandatory)
3. prejudicial question i. Dismiss without prejudice to civil i. waiver
4. consolidated action against the estate 4. Personal statutory right
5. no civil aspect b. After arraignment a. Right to due process
3. Consolidation i. Civil liability extinguished 5. Remedies
a. motion of the offended party ii. Exceptions:
 a. Refuse to enter plea; object further i. Roberts Jr. case g. Remedy of improperly issued warrant
proceedings f. Appeal to Ombudsman i. Petition to quash the warrant
i. waiver i. Appeal 2. How made
b. Insist for P.I. 10. Warrant of arrest a. Modes
c. Certiorari a. Procedure i. Actual restraint
d. Raised as error on appeal b. Search warrant ii. Submission to custody
e. Prohibition 11. Determination of probable cause b. Reasonable force
6. Officers authorized a. Executive—prosecutor; Information c. Upon arrest; confiscate
a. Prosecutors b. Judicial—judge; warrant of arrest; search i. Object subject of the offense/Mere
i. Provincial or city prosecutors; their warrant possession is illegal
assistants 12. When warrant of arrest not necessary ii. Fruits of the crime
ii. National and Regional State 13. Remedy if accused believed no probable cause iii. Those used to commit violence/to
Prosecutors a. Motion to dismiss escape
b. Ombudsman b. Quash warrant/recall iv. Dangerous weapons
c. COMELEC 14. Reinvestigation v. Those may be used as evidence
d. PCGG 15. MTC judge may issue warrant of arrest before conclusion d. Arrest precedes the search
7. Procedure (10 Steps) of P.I. i. Lawful warrantless arrest—mere
a. Sec. 3 a. Probable cause; AND reliable information is not sufficient
b. Sec. 4 b. Need immediate custody of accused 1. Overt act
c. Sec. 5 16. Lawful warrantless arrest 3. Duty of arresting officer
8. Rights of respondent during P.I. a. Inquest a. Make an arrest without delay
9. Resolution and Review b. 125 RPC: 12h 18h 36h b. Deliver the person arrested to nearest police
a. Exclusion of persons from information 17. Bail pending P.I. station or jail without delay
b. Information filed without authority 18. Human Security Act, Sec. 18 4. Execution of warrant
c. Assistant fiscal 19. Records a. Either
d. Appeal to DOJ (petition for review of 20. Cases not requiring P.I. i. Upon filing of Information
resolutions of city/provincial prosecutor) a. Prosecutor 1. Judge does not
i. Cases cognizable under RTC—DOJ b. MTC personally examine the
ii. MTC—RSP (already final; no need to c. Summary procedure complainant/witness but
appeal to DOJ, but DOJ is not 21. Conditions for issuance of warrant of arrest only P.I. records
prevented to review RSP); RSP to CA ii. Application of peace officer
under Rule 65 (60 days is not Rule 113: Arrest 1. Judge must personally
interrupted when DOJ is asked to examine—searching
review RSP’s decision) DOJ Circ. No. 1. Definition of arrest questions, since no P.I.
70-A (July 10, 2000) a. Elements records to rely upon here
iii. From DOJ; appeal i. Deprivation of liberty b. Procedure
1. CA Rule 65 ii. Submission to authority; bound to i. Judge
a. Except tax answer accusations ii. Delivered to Head of office for
and tariff b. Invitation = custodial investigation ( Pestilos v. execution within 10 days from
offenses Generoso, 2014) receipt
(CTA) c. Kinds of arrest: legal/illegal iii. Within 10 days after the expiration
2. President to CA 43 to SC d. Modes of such period, officer assigned will
Rule 45 i. Valid warrant report to the judge on actions taken
a. Penalty of ii. As provided by statute (warrantless) 1. State reasons in case of
reclusion e. Judge issues warrant failure to serve
perpetua or i. Also Bureau of Immigration iv. Period of warrant
higher Commissioner—deportation 1. Validity—no time limit;
b. New material f. Requisites of warrant of arrest as opposed to search
issue i. Upon probable cause; personally warrant (10 days)
c. Prescription determined by the judge 5. Lawful warrantless arrest—officer must comply 125 RPC
d. Within 30 ii. Evaluation of prosecutor’s report, a. In flagrante delicto
days from and evidence i. Overt act (personal knowledge of
notice iii. Particular description of the person the crime itself)
iv. MR re to be arrested 1. Committing
e. Petition for review granted by DOJ iv. In relation to specific offense 2. Attempting to commit
 3. Has committed 2. Pursed immediately after b. Validity
ii. In the presence of officer/citizen its commission c. Time served
iii. Reasonable suspicion and good faith 3. Escaped/flee/forcible d. Examination of witness
iv. Buy-bust operations; search and resist e. Report of fiscal
seizure pursuant thereof must be 4. Imperil the arrest 7. General warrant
continuous c. Citizen’s arrest; private person 8. Scatter-shot search warrant—for more than one offense
b. Hot pursuit i. Give information (intention to 9. Where filed: where the crime committed
i. Offense has just been committed arrest, and the cause) Exceptions
ii. Probable cause Except: a. Compelling reasons
1. Personal knowledge of 1. Engaged in the i. Court within whose judicial region
facts and circumstances commission of crime the crime was committed
2. Reasonable grounds of 2. Pursed immediately after ii. Where the warrant is to be served
suspicion and actual its commission b. Criminal action already filed
belief 3. Escaped/flee/forcible i. Where it is pending
iii. Test of immediacy: commission and resist c. Heinous crimes, illegal
arrest 4. Imperil the arrest gambling/firearms/drugs, intellectual property,
c. Escapee--Prisoner who escaped: 9. Officer may summon assistance money laundering, tariff and customs, other
i. Penal establishment (serving final 10. Right of officer to break into the building laws
judgment/pending case) a. Requisites i. Executive judges
ii. During transfer of confinement i. Person to be arrested is/is ii. If on leave of absence
d. Already arrested but escaped or rescued reasonably believed in the building 1. Vice-executive judges of
e. Arrest by bondsman to surrender the accused ii. Announce authority and purpose RTC Manila and QC
f. Accused attempts to leave the country without iii. Denied admittance 2. Filed by NBI, PNP
court’s permission b. No damages—in the performance of duty 3. Endorsed by heads
6. Rules on illegality of arrest i. Justifying circumstance; 11 RPC 10. Property to be seized
a. Object before arraignment; ow waived 11. Right of officer to break out of the building a. Subject of offense
b. Cured by filing of Information and subsequent 12. Arrest after escape or rescue b. Stolen or embezzled, fruits of offense
issuance of warrant a. Any person can arrest fugitive c. Means used to commit offense
c. Once charged in court, cannot question b. Without warrant Ownership does not matter as long as
detention by habeas corpus; instead, quash the c. Anytime control/possession present
information or warrant d. Anywhere in the country 11. Search incidental to arrest
7. Time of making an arrest e. Immediate pursuit a. Dangerous weapons
a. Anytime 13. Right of attorney or relative to visit b. Proof of commission of offense
b. Preserve public order and safety a. RA 7438—rights of persons arrested, detained, 12. Requisites for issuing search warrant
8. Method of arrest C.I. a. Probable cause determined by judge personally
a. by virtue of warrant b. Personal, probing, exhaustive examination by
i. Need not possess the warrant upon Rule 126: Search and Seizure judge through searching QA
arrest c. in writing
ii. Show the warrant as soon as 1. Define search warrant d. under oath
practicable if requested by arrestee 2. Elements e. facts personally known by witness
b. By an officer a. Order in writing f. ex parte
i. With warrant--Give information b. Signed by judge g. Particularly describe the place and
(cause, fact of warrant) c. In the name of the people of the Philippines persons/things
Except: d. Commanding peace officer to search personal 13. Particular description of things
1. Accused flees property a. Specific as circumstances may allow
2. Forcibly resist before e. Bring the property before the court b. Conclusion of fact
giving information 3. Nature c. Direct relation with one specific offense
3. Giving information a. Writ of discovery d. Sworn statements of witness and affidavits
imperils the arrest b. No relation to civil process attached to record
ii. Without warrant—give information c. Not for maintenance of private right e. Not issued for more than 10 days prior to
(authority, and the cause) d. Interlocutory search
Except: 4. Search—examination 14. Who may question search and seizure
1. Engaged in the 5. Seizure—physical taking a. Injured party only (personal)
commission of crime 6. Warrant of arrest v. search warrant b. Before arraignment; ow waived
a. Purpose
 c. As to admissibility of evidence, object during iii. Direct relation with one specific believe that escape or destruction
trial; ow waived offense of evidence is imminent
15. Remedies of unlawful search c. Name the person to be served v. May break open any door when:
a. Motion to quash i. Except: descriptio personae 1. Officer give notice of
i. Limited to the issue of probable d. Absence of probable cause for a particular purpose and authority
cause article does not generally invalidate warrant as 2. Refused admittance
ii. Defenses raised at the criminal whole 3. Purpose: to execute
action i. When the article may be severed warrant/liberate himself
b. Motion to suppress evidence (exclusionary from the rest that met the test when unlawfully
rule) e. Multi-factor balancing test detained
c. Replevin i. Determining probable cause c. Search of house/premises
d. Remedies are alternative ii. Officer weighs the weight of i. Requisites:
e. Patent Nullity of search warrant—certiorari interference on the private rights, 1. Lawful occupant
16. Where to file remedies gravity of offense, circumstances a. Or any
a. Where the action instituted 23. Validity: 10 days from its date member of
b. If not instituted—court that issued warrant a. Only used once; functus officio his family
i. If failed to resolve and subsequent b. Cannot be used everyday of said period 2. If none—2 witnesses of
action filed, resolved by the latter c. Once articles seized, cannot be used again for sufficient age and
court another search and seizure discretion residing in
17. Illegality of search warrant does not call for return when Except same locality
the possession itself is prohibited i. Search conducted on one day was ii. Purpose:
18. If officer exceeds authority interrupted—may be continued 1. Fair execution of warrant
a. liable under 129 RPC (Search Warrants under the same warrant provided 2. Prevent abuse of officer
Maliciously Obtained and Abuse in the Service not beyond 10 days. 3. Protect officer against
of Those Legally Obtained) 24. Time unjust accusation
19. Exclusionary rule/inadmissibility a. Daytime—must be so directed in the warrant d. After search and seizure
20. Application for search warrant need not certified non- (if left blank, and effected at night, unlawful) i. Officer
forum shopping (only for initiatory pleadings) Except (anytime): 1. Deliver property to judge
21. Probable cause i. Property is on the person 2. Deliver True inventory
a. Define ii. In the place ordered to be searched verified under oath
i. Facts and circumstances iii. Emergencies 3. Violation—contempt
ii. Reasonably prudent man iv. Instances of valid warrantless ii. Judge
iii. Believed offense committed search 1. Ascertain return after 10
iv. Objects connected to offense in the b. Judicial discretion allowed days from date of
place to be searched i. Subject to Maximum time to warrant
b. Basis execution by law 2. If no return—summon
i. Personal knowledge of 25. Manner the officer and require
complainant/witnesses a. Knock and Announce Principle explanation
ii. Perjury i. Announce presence 3. If there’s return—
c. Factors ii. Introduce authority to the ascertain whether
i. Time of application in relation to accused/persons having possession a. giving of
offense iii. Show search warrant receipt of
ii. Proof of particular acts/omissions iv. Explain in language understood by property
iii. Best evidence could be them seized was
obtained/justifiable reason b. Exception (unannounced intrusion) not complied
d. Who determines: personally by judge exclusive list b. property be
i. Except: deportation—president or i. Person refuses upon demand to delivered to
commissioner of immigration open premises him as well as
22. Particularity ii. Person already knew the authority the true
a. Purpose: to leave officers with no discretion of officers inventory
about the articles/prevent abuse iii. Honest belief of officers’ danger to iii. custodian of log book
b. Test life and limb 1. the return on the search
i. Specific as circumstances may allow iv. Those in premises engaged in be filed and kept
ii. Conclusion of fact activities that warrant officers to 2. date of return entered
3. result
 4. other actions of judge 3. Crime prevention and 2. Person had knowledge of
26. Lawful warrantless search detection such right
a. War—within military operation 4. Safety of police officer 3. Actual intention to
b. Incident to lawful arrest 5. Genuine reason relinquish right
i. Person arrested a. Specific and f. Search of a moving vehicle/Carroll doctrine
ii. Contemporaneous with arrest articulable i. Mobility factor
iii. Extends to area within immediate facts ii. Practicality
control of the arrested person b. By officer, not iii. Vehicle can be quickly moved out of
1. Immediate Control Test mere locality or jurisdiction
a. Body of the informer iv. Routine Visual inspection only
accused ii. Manner 1. Except: probable cause;
b. Within the 1. Valid stop illegal articles
area of his a. Reasonable g. Customs search
immediate belief of h. Exigent and emergency
control criminal i. Checkpoints under extraordinary
2. Parameters: activity circumstances
a. For 2. frisk j. Search of vessels and aircraft
dangerous a. mere pat i. They could move out of jurisdiction
weapons down; Search before warrant could be secured
b. Anything may outer clothing k. Inspection of buildings/premises
have been b. Attempt to i. Fire
used to discover ii. Sanitary
commit dangerous iii. Building regulations
offense weapons 27. Civil damages and criminal liability
c. Which e. Consented search a. Civil
constitute i. define i. 126 ROC do not provide for
proof in the 1. Person gives officer damages against officer
commission permission to search ii. instead—separate civil action:
c. Plain view doctrine (view only; not other 2. Areas such person has wrong inflicted
senses) reasonable expectation iii. 32 NCC—independent civil action:
i. Prior valid intrusion of privacy right to be secure in his person,
ii. Evidence was inadvertently a. Dog sniff—sui house…
discovered generis (US b. criminal
1. Officer must not have case; lawful); i. 128 RPC--violation of domicile
known in advance the does not ii. 129 RPC—search warrant
location of evidence constitute maliciously obtained
2. Discovery is not search under iii. 130 RPC—searching domicile
anticipated 4th without witness
iii. Evidence is immediately apparent amendment
1. Nexus between the b. Thermal Rule 114: Bail
viewed object and imaging
criminal activity device not in 1. Define bail
2. Incriminating nature public use— a. Security given for the release of a person in
apparent constitute a custody of law
3. Probable cause to search, b. Furnished by the accused or bondsman
connect to a crime requires c. To guarantee appearance when required by the
iv. No need for further search warrant (US court
d. Stop and frisk/Terry searches case) d. Presumption of innocence
i. Purpose: 3. Cannot be inferred from e. Legal custody
1. Identity of a suspicious mere silence i. Except: to secure appearance of
individual 4. State has the burden of material witness/substitution of
2. Maintain status quo proving the the consent information; may post bail even not
while officer seeks more was obtained voluntarily under detention
information ii. Requisites f. Purpose:
1. Right exists
 i. Relieve from rigors of imprisonment 2. Conditions of bail ii. After conviction by RTC (not
until conviction; Yet secures a. Effective at all stages until promulgation of RTC punishable by DRPLI)—grant of bail
appearance at trial (orig./appell.) is discretionary—to afford
ii. Presumption of innocence i. Only covers 15-day period to prosecution chance to oppose it
iii. Prepare defense appeal, not the entire appeal e. Notice of hearing
g. Custody of law v. jurisdiction over the person ii. To continue liberty under the same i. Required
h. Right to bail is available when detained but not bond, consent of bondsman is 1. Matter of
formally charged; even when HC suspended necessary right/discretion
Except: b. Must appear when required 2. Given to prosecutor
i. offenses (r. perpetua/life i. This is a restriction on his right to 3. Asked for his
imprisonment); AND travel (Manotoc 1986) recommendation
ii. evidence of guilt is strong c. Failure to appear without justification despite f. Summary of the evidence of prosecution
i. extradition proceedings (treaty) notice = waiver to be present at trial; thus, trial i. Considered in judge’s evaluation
i. Purganan case (2002): only criminal in absentia proceeds ii. Procedural due process
proceedings d. Bondsman surrenders the accused for g. Jump bail
1. Granted only when: execution of final judgment i. When arrested subsequently, he
a. Not flight e. Other conditions may be imposed upon the can still file for another bail
risk/danger accused where he is likely to jump bail, or to ii. Court’s remedy: increase amount
b. Special commit another crime 6. Bail, when discretionary
humanitarian i. Except: bondsman— a. After conviction by RTC of
ii. Olalia (2007): right applies; human 1. court cannot impose i. an offense not punishable by DRPLI
rights; international law additional obligations 1. file for bail with RTC
1. Modern trend other than those despite the notice of
international law— provided by law appeal as long the
primacy of human rights 2. cannot be different nor original records not yet
2. Noting that also applied greater obligation than transmitted to appellate
in deportation cases the accused court
3. Innocence/guilt of f. fake bail bond = deemed escapee; his appeal 2. if transmitted already—
person detained not in will be dismissed (Sec. 8 R124) with the appellate court
issue 3. Surety’s liability — 3. if decision of conviction
iii. Extraditee—not entitled to notice a. Trial by RTC changed from
and hearing; except— b. Promulgation non-bailable to
1. Cancellation of bail c. Execution of sentence bailable—appellate court
2. Right to due process; ow 4. Release or transfer custody ii. imprisonment more than 6 years up
grave abuse of discretion a. Requisite: to 20 years, AND not one of the ff.
iv. Proof: clear and convincing i. Court order; or is present (if 6 years or less—it is
evidence ii. Admitted to bail still discretionary but the stated
j. Deportation: discretionary 5. Bail as a matter of right circumstances is not anymore
k. Military courts; no bail a. Before and after conviction by MTC considered in deciding):
l. Forms of bail b. Before conviction by RTC 1. recidivism, quasi-
i. Corporate surety i. of offense not punishable by death, recidivism, habitual
ii. Property bond r. perpetua, life imprisonment delinquency, reiteration
iii. Cash deposit ii. punishable by death, r. perpetua, 2. previous escape
iv. Recognizance life imprisonment; AND evidence of 3. violation of bail
m. Bail bond v. recognizance guilt is not strong (initially a matter conditions
n. Prosecution witnesses: must post bail of discretion until proved that the 4. commits offense during
i. Substitution of information evidence of guilt is not strong) probation, parole or
ii. When court believes that a Material c. Hearing is not necessary conditional pardon
witness may not appear during trial i. Bail is a matter of right 5. probability of flight
o. Arraignment before grant of bail—void ii. Granted based on prosecutor’s 6. risk to commit another
i. Bail guarantees appearance recommendation crime
ii. Accused may be constrained to (information/complaint) b. there must be no final judgment yet
choose between filing motion to d. Hearing is necessary i. appeal the RTC conviction to
quash (delay release), and foregoing i. Reduction of bail; or appellate court
such to be arraigned for his release.
 ii. the bail posted earlier as matter of 11. Burden of proof; evidence of guilt 1. offense in flagranti
right will expire—thus, file a new a. Prosecution 2. confesses the
one. 12. Procedure commission unless
7. Bail is not granted a. Notify prosecutor/require his recommendation repudiated
a. Before conviction by RTC for offense b. Hearing 3. previous violation of Sec.
punishable by DRPLI and evidence of guilt is i. Despite refusal of prosecution to 2
strong present evidence 4. recidivist/habitual
b. After conviction by RTC punishable by DRPLI ii. Se arching questions delinquent
c. After conviction by RTC imprisonment more c. Decide b. RA 7610—recognizance; to DSWD/responsible
than 6 years up to 20 years and proved any of i. Complete summary of evidence of citizen
the stated circumstances prosecution; ow judge is i. Child combatant in armed conflict
d. Judgment is final and executory administratively liable, the order is c. PD 603
i. Except: void i. youth offender for mental and
1. Applied Probation before ii. Evidence of Guilt not strong physical exam
commencing service of 1. Approve bail bond in d. ROC
sentence (probation law) written order; ow i. In custody for equal or more than
e. Court martial cases petition is denied possible maximum imprisonment
8. Capital offense 2. Discharge the accused ii. Applied probation
a. Define d. Evidence presented during hearing is iii. Maximum penalty of destierro
i. Offense punishable by death automatically reproduced at trial (released after 30 days of
ii. Governed by law that allows such i. Upon motion of either party preventive imprisonment)
penalty ii. Court may recall witness e. Summary procedure
iii. During the time the crime was 1. Except: died, unable to i. General rule: no bail
committed AND the application for testify, abroad 1. Except: Arrested for
bail is filed iii. Mandamus will not apply failure to appear
b. Penalties are determined by the law at the e. If bail is denied by trial court 19. Released on reduced bail/his own recognizance
time of commission of offense i. Review by CA R65, then SC a. ROC
i. Amendment increasing penalty 1. Except: Sandiganbayan i. In custody for equal or more than
cannot apply retroactively; ow ex ii. Interlocutory order possible maximum imprisonment
post facto (a law that retroactively f. When evidence of guilt is strong 20. Bail; Where filed
changes the legal consequences or i. Great presumption of guilt a. Court where the case is pending
status of actions that were 13. Amount of bail; guidelines; not exclusive i. Also when no available judge—any
committed, or relationships that a. Financial ability RTC/MTC judge
existed, before the enactment of b. Nature of offense b. If arrested in province, city/municipality other
the law.) c. Penalty than where the case is pending
c. If at the time of application for bail, the law is d. Character and reputation i. Any RTC of said place
amended reducing penalty, the favorable law e. Age and health ii. If none, MTC
applies retroactively. f. Weight of evidence c. Bail is discretionary/recognizance
9. Capital offense not bailable when evidence of guilt is g. Probability of appearance when required i. Where the case is pending
strong (IMPORTANT FACTOR) d. Not yet charged
a. Except: h. Forfeiture of other bail i. Court of the place where he is held
i. Accused is minor 14. Property bond e. Non-bailble to bailable
1. Amount—privileged 15. Qualifications of sureties i. Appellate court
mitigating circumstance a. Justifications 21. Warrant of arrest without recommendation for bail
of minority (Juvenile and 16. Deposit of cash a. Violates right to bail
Justice Welfare Act) 17. Recognizance i. Except: offenses punishable by
2. Suspends sentence: a. Character loan reclusion perpetua or higher
below 18 but above 15 18. When released on recognizance without bail 22. Release on bail
with discernment a. RA 6036—recognizance of himself/responsible a. If officer fails to release—liable under 126 RPC
3. If without discernment citizen 23. Increase or reduction of bail
or 15 and below: only i. Ordinance a. Strong showing of guilt—increase
civilly liable ii. Not more than 6 mos. 24. Forfeiture
10. Capital nature of offense is determined by penalty Imprisonment a. Fails to appear when required
prescribed by law iii. 2k fine i. Provisional liberty revoked
a. Not by actual penalty imposed on the accused except:
 ii. Requires bondsman to produce 29. Bail not bar to question Unexplained flight of the
principal a. Illegal arrest accused; 

b. Within 30 days (cannot be shortened but may b. Lack of P.I.
Failure to explain
be extended) from failure, bondsman must: 30. Hold-departure Order
possession of stolen
i. Produce the body of the a. Issued only by RTC in criminal cases within property (US. V. Espia,
accused/give reason for non- exclusive jurisdiction (SC Circular 1997)
production b. Genuino v. Delima Case 2018 G.R. No. 
 5813, 1910);
ii. Explain why the accused did not 

appear Rule 115: Rights of the Accused Failure to account funds
c. Order of confiscation against bondsman— and property of a public
solidary liability 1. Elements of Criminal Due Process officer entrusted to
i. Court may mitigate if accused is a. Heard in court of competent jurisdiction
him.
 in cases of self
surrendered/acquitted b. Proceeded against under Orderly process of
d. Order of forfeiture law defense, the 
 person
i. Conditional, interlocutory c. Notice and opportunity to be heard who invokes self defense
ii. Not appealable d. Judgment awarded within the authority of is presumed guilty. In
e. Order of confiscation constitution this case a REVERSE
i. Determines liability of the surety 2. Rights at the trial TRIAL will be held. 

ii. Final a. Presumed innocent
iii. Execution may issue at once i. Not waivable
iii. Reason: conviction requires moral
iv. Dependent to order of forfeiture ii. Except:
certainty
25. Cancellation of bail 1. Self-defense (clear and
iv. Reasonable doubt—inability, after
a. Application of bondsman convincing evidence)
investigation, to rest easy upon certainty
i. Notify prosecutor 2. Prima facie evidence of
of guilt
ii. Upon surrender of accused/proof of guilt (presumption of
v. Equipoise rule
his death guilt)
1. Evidence of parties are evenly
b. Acquittal a. There must
balanced
c. Dismissal be rational
2. Presumption of innocence
d. Execution of judgment connection
prevails in favor of the
e. Without prejudice to any liability on bail between facts
accused
26. Arrest of accused out on bail proved and
b. Informed of the nature and cause of the accusation
a. Sureties may relieve themselves ultimate facts
against him
b. Hold-departure orders presumed
i. Means:
i. SC Circular: The legislature may
1. P.I.
1. Only RTC in criminal enact that when certain
2. Sufficient
cases within their facts have been proved,
complaint/information
exclusive jurisdiction they shall be prima facie
3. Arraignment
2. May direct DFA to cancel evidence of the
4. Bill of particulars
passport existence of the guilt of
5. Rules against duplicity of
3. Permission to leave the accused and shift the
offense
country filed in the same burden of proof provided
ii. Exception
court there be a rational
1. Defective information cured
27. No bail after judgment connection between the
by evidence during trial
a. Except: facts proved and the
iii. Charged with crime more serious than
i. Applied probation before serving ultimate fact presumed
proved
sentence (period of perfecting an so that the inference of
1. Convicted of lesser offense
appeal) the one from proof of
provided that the lesser
ii. Filing for probation is a waiver of the other is not an
offense is cognate offense and
right to appeal unreasonable and
included in the complaint
b. e/e: arbitrary experience
c. To be present and defend in person and by counsel
i. after he commenced serving the (People v. Mingoa, G.R.
at every stage of proceeding
sentence No. L-5371, March 26,
i. Rule: presence of accused is not required
28. Court supervision of detainees 1953).
Except
a. Monthly personal examinations Examples:
1. Arraignment
b. Health
 2. Promulgation of sentence ii. American rule—if the accused testifies, from what he’s
a. e/e: conviction for may be cross-examined but only those been charged
light offense covered by his direct examination vi. Right of ordinary witness
3. court order for identification iii. English rule—witness can be cross- 1. May be compelled to take the
4. proceedings before SC and CA examined any matter in direct exam or stand
ii. waiver connected therwith 2. Claim the right for every
1. the right exist question applicable
2. knowledge thereof iv. Failure of the accused to testify is not vii. Right does not cover
3. intention to relinquish taken against him but failure to produce 1. RA 1379—forfeiture ill-gotten
4. with assistance of counsel evidence in his behalf is considered wealth
iii. effects of waiver against him. 
 2. RA749—bribery, graft
1. waiver to present evidence viii. Immunity
and cross-examine witness v. Extra-Judicial Confession 1. Use-derivative immunity
2. prosecution can present a. Testimony of
Extrajudicial Confession is a confession
evidence witness and fruits
made out of court, and not as a part of a
3. court decides even without thereof cannot be
judicial examination or investigation.
accused’s evidence used in subsequent
Such a confession must be corroborated
iv. trial in absentia; requisites prosecution for
by some other proof of the corpus delicti,
1. already arraigned crime against him
or else it is insufficient to warrant a
2. notified of trial b. He can still be
conviction.
3. failure to appear is unjustified prosecuted but said
v. Right to counsel testimony cannot
Thus, we have held that an extra-judicial
1. Absolute be used against
confession is admissible in evidence if
a. Except: Right to him
the following requisites have been
counsel de parte 2. Transactional immunity
satisfied:
2. May be invoked at all times (1) it must be voluntary; a. broader
even on appeal b. Witness immune
(2) it must be made with the assistance of
3. During arraignment v. during from prosecution
competent and independent counsel;
trial of crime to which
(3) it must be express; and
a. Arraignment— his testimony
(4) it must be in writing. (People v. Reyes,
court acts (active) relates
G.R. No. 178300, March 17, 2009)
unless waived by c. He cannot be
e. To be exempt from being compelled to be a witness
accused prosecuted at all
against himself
i. mandat i. Right against self-incrimination ix. Refusal of accused to testify
ory 1. Rule: his silence should not
ii. Natural persons only
b. Trial—(passive prejudice him
iii. May subject him to penal liability
court) accused Except: unfavorable
(incriminating question)
must invoke inference
iv. Waivable
i. Effective a. Prosecution
v. Right of accused
counsel established prima
1. May altogether refuse to take
c. Custodial facie case, he must
the stand
investigation present proof to
2. If he testifies—may be cross-
Stricter: competent overturn
examined (waiver)
and independent b. His defense is an
a. May not refuse to
counsel alibi
answer even if the
4. Consequences of denial f. To confront and cross-examine witnesses against
answer would tend
a. Retrial him
to incriminate him
b. Offended party i. Waivable
for crime charged
cannot waive ii. Face-to-face: accused and witness
b. May refuse to
assistance of iii. Purpose:
answer when
counsel 1. opportunity of cross-exam
question may
d. To testify as witness in his own behalf 2. for judge to observe
incriminate him for
i. Waivable demeanor of witness
an offense distinct
iv. exception
 1. party may use testimony of to quantify into a b. 6 months and
dead witness or not found in specific number of below
the Philippines days.) imprisonment
a. given in another b. Demand-waiver c. 1k or below fine
case rule: accused d. Chief Justice SC
b. same parties waives his right for e. 60 days—trial by JA
c. same subject any period prior to
matter which he had not violation of time limit = dismiss the
d. adverse party had demanded trial; case (acquittal; there’s DJ despite
the opportunity to prior demand. consent of accused)
cross-examine (Insensitive to
g. To have compulsory process fundamental right.)
i. Waivable 2. Balancing Test (adopted) x. Arraignment
ii. Subpoena: duces tecum a. Conduct of parties 1. 30 days from filing information
iii. Contempt when witness refuses: weighed xi. impartial trial
bail/arrest b. Ad hoc basis 1. clear and convincing evidence
iv. Purpose: opportunity to meet what could Factors: to disqualify a judge
be a baseless suit i. Length xii. public trial
v. Processes: of delay except:
1. Subpoena; duces tecum (21 ii. Reason 1. evidence is offensive to
ROC) of delay decency/public morals (119
2. Warrant of arrest iii. Assertio ROC)
3. Contempt n of 2. motion of the accused (119
4. Perpetuation of testimony right ROC)
5. Modes of discovery (civil and iv. Prejudic xiii. trial by publicity
criminal cases, Webb case) e 1. not per se prejudicial
h. To have a speedy, impartial, public trial a. a. except: judge
i. Not waivable viii. Continuance; factors unduly influence by
ii. Present even during preliminary 1. Miscarriage of justice publicity
investigation; even at Ombudsman and 2. Complex case i. To appeal on all cases allowed by law
SB level 3. Not apply if cause is i. Waivable
iii. Purpose: to avoid delay general congestion of 1. Personal to accused
iv. Factors calendar or no diligence 2. Express or implied
1. Conduct of parties on part of prosecutor 3. Death penalty—not waivable;
2. Length of delay appeal to CA, then SC
3. Reason of delay ix. Trial time limit (Statute; SC A.M.) ii. Statutory right
4. Accused’s assertion 1. Raffle—3 days from filing 1. Violation of due process
5. Prejudice to accused information
v. Remedies 2. Arraignment—10 from raffle
1. Motion to dismiss 3. Pretrial conference—Starts Rule 116: Arraignment and Plea
2. Habeas corpus within 30 days from
3. Mandamus arraignment 1. Arraignment—formal mode of implementing
4. Motion nolle prosequi a. Preventive constitutional right of the accused to be informed of the
vi. Dismissal (viol. Right to speedy trial) = detention (10 nature of the accusation against him.
acquittal days) a. Open court where information was filed
vii. Approaches to speedy trial (Perez v. b. Not i. Except: rape and child abuse cases
People, 2008) preventive b. By judge/clerk of court
1. SCOTUS: detention c. Accused furnished with copy
a. Fixed-time period: c. JA—20 days d. Language known to accused
Constitution 4. Trial—30 days from pretrial e. Ask accused to plead
requires accused to Duration: Max. 180 days f. Made of record
be offered trial Except: g. Procedural due process
within a specified a. Summary 2. Prosecution may call on trial witnesses not in the
period. (No procedure information
constitutional basis a. Fiscal’s discretion
 b. Disclosure beforehand may pose danger to modes of d. Question validity of arrest and preliminary
witness discovery investigation
3. When arraignment held in shorter period v. Forms an Integral part of the
a. Preventive detention information/complaint 5. Rules
b. About to depart from Philippines with no vi. It is a remedy against insufficient a. Trial in absentia only after valid arraignment
definite date of return indictment (not a motion to quash) b. Personal appearance and plea by accused
c. Child abuse cases vii. What are alleged c. Accused presumed validly arraigned
d. Drugs cases 1. Defects in the d. GR: judgment is void if accused not validly
e. Heinous crimes information arraigned
f. Intellectual property rights cases 2. Details desired by the i. Subsequent arraignment cures the
4. Options of accused prior arraignment: BSQ-AP accused to be clarified error provided the accused was able
a. Motion for bill of particulars viii. Not covered by the bill of to present evidence and cross-
i. Bill of Particulars—more definite particulars examine during trial
statement to enable the movant 1. Supply allegation for the e. Substantial amendment of information—
(accused) to prepare his responsive validity of pleading another arraignment is mandatory
pleading and for his trial. 2. Change cause of action i. Except: formal amendment
ii. Availed before or during or defense in the f. GR: made before trial or before prosecution
arraignment pleading presents its case
iii. Waiver; effects 3. Set forth pleader’s Except: after prosecution rested its
1. No right to object theory of his cause of case (non-prejudicial error; right to
evidence that could be action be informed of the nature of
lawfully admitted under 4. Furnish evidentiary accusation not violated)
an information of information i. Counsel of accused failed to object
general terms but ix. Rule 12 (in civil cases) applies in ii. Had full opportunity to cross-
sufficient charges criminal proceedings (Sec. 9, Rule examine
iv. Purpose—to fully apprise the 116) iii. Arraignment after submission for
accused with the charges and avoid 1. The filing of a motion for decision
surprises that may prejudice his bill of particulars 1. Allowed
rights suspends the period to 2. Arrest confers
1. Criminal cases file a responsive jurisdiction, not
a. Enter a valid pleading. Upon the arraignment
plea service of the bill of 3. Defect cured
b. Only the particulars, or after the 6. Plea—matter, during arraignment, alleges in answer to
accused can notice of denial of such the charge
file as he will motion, the movant must a. Period
enter his plea file his responsive i. Preventive suspension
c. To prepare pleading within the 1. 3 days from filing
for trial remaining period, which information—raffle
2. Civil cases shall not be less than 5 2. 10 days from raffle—
a. To file a days (Sec. 5, Rule 13). arraignment
responsive b. Suspension of arraignment UPP 3. 10 days from
pleading i. Unsound mental condition arraignment—pretrial
b. Either party ii. Prejudicial question conference
who files a iii. Petition for review ii. Not under preventive suspension
responsive 1. DOJ/President—only 60 1. Unless shorter—special
pleading can days law/SC
ask for the bill a. Once 2. 30 days from acquisition
of particulars arraigned, of jurisdiction over the
c. Not DOJ cannot person
necessarily to entertain 7. plea of not guilty
prepare for petition/appe a. accused pleaded
trial as the al b. he refused to plea
respondent 2. Ombudsman (MR)—no c. admitted the acts but set up defense;
can opt the suspension exculpatory evidence
c. Motion to quash d. conditional plea: cw plea bargaining
 e. plea is ambiguous iii. Allowed even after prosecution rests b. Demurrer to evidence
if not sufficient evidence to convict i. Filed after prosecution rests
GR: unconditional plea of guilt admits the ii. Based on inadequacy of evidence to
crime—no further presentation of evidence 9. Plea of guilty to capital offense support the accusation
Plea of guilty is mitigating if made a. Mandatory iii. Rule 119
before prosecution starts to present i. Searching inquiry 3. Quashal v. Nolle Prosequi (both will result dismissal)
evidence ii. Prosecution must prove a. Quashal
Except: 1. Guilt i. Initiated by the accused
i. Intimidation 2. Precise degree of b. Nolle prosequi
ii. Not full understanding culpability i. Initiated by the prosecutor
iii. Insufficient information iii. Ask accused if he wishes to present (Government)
iv. Information does not charge evidence ii. Before the accused placed on trial;
offense b. Non-capital offense AND
v. No jurisdiction i. Court may receive evidence from iii. Before he enters plea
f. Presence of offended party parties iv. Requires approval of court; affidavit
i. Mandatory ii. No searching inquiry of desistance v. recantation
1. Plea bargaining iii. Directory v. Similar with a non-suit
2. Civil liability (discontinuance in civil suit and
3. Other matters 10. Improvident plea of guilty—failed to conduct searching leaves in same condition before the
Failure inquiry; voluntary but no full comprehension prosecution started)
4. Accused may enter plea a. allowed to be withdrawn vi. Not an acquittal/final disposition
of guilty to a lesser b. Before judgment becomes final vii. Not a bar of subsequent
offense necessarily c. Conviction is set aside prosecution for same offense
included i. Based on improvident plea 4. GR: other facts (like defense) not in the information are
5. Conformity of prosecutor ii. Such is the sole basis of judgment not considered
alone Except: grounds invoked are
g. Defective information 11. Production or inspection of material evidence a. Extinction of criminal liability
i. Judge not obliged to point out a. Mode of discovery allowed b. Prescription
h. Presumption the accused was arraigned b. Right of the accused c. Former jeopardy
i. Presumption of regularity c. Upon motion of accused Additional facts are allowed
1. Except: punishable by d. Notice to parties i. Those not alleged in the information
death e. To prevent surprise and alteration of evidence but admitted/not denied by
i. Mere written manifestation is not a valid plea f. Prosecutor is not required to deliver entire file prosecution may be invoked to
to defense counsel, only those favorable to the support the motion to quash
8. Plea of guilty to a lesser offense accused that if suppressed would deprive 5. GR: motion to quash allowed before he enters his plea
a. Requisites defendant of fair trial Except: may be filed after plea (not waivable)
i. Consent of offended party and a. Failure to charge an offense
prosecutor Rule 117: Motion to Quash b. Lack of jurisdiction over the offense
1. DOJ Circ. c. Extinction of offense/penalty
Prision mayor or higher/ 1. Motion to quash—special pleading filed by the defendant d. Double jeopardy
more than 12k— before entering his plea 6. GR: Filing a motion to quash results submission to court’s
prosecutor must get the a. Hypothetically admits the facts in the jurisdiction
consent of the head information Except: the prayer is to avoid the jurisdiction
prosecutor b. But sets out matter that may preclude further a. Motion to quash complaint/information
ii. Lesser offense necessarily included proceedings i. Lack of jurisdiction over the person
in the offense charged c. The right to file only belongs to the accused b. Motion to quash the warrant of arrest
b. Rules d. It is not a responsive pleading as it is not i. Questioning the legality of court
i. If without consent and convicted— addressed to complainants but to court process that forces the submission
no double jeopardy 2. Motion to Quash v. Demurrer to Evidence of the person of the accused
ii. After arraignment and before trial— a. Motion to Quash 7. Not allowed in summary procedure
allowed to plead to lesser offense i. Filed before he enters his plea a. Except: lack of jurisdiction over the subject
after withdrawing plea of not guilty ii. Not into the merits but on matters matter and failure to comply barangay
1. Amendment not not directly related to the guilt or conciliation
necessary innocence 8. Forms and contents
iii. Rule 117 a. In writing
 b. Signed by the accused/his counsel
c. Specify the grounds
d. Only the grounds stated in the motion are
considered
Except:
i. Lack of jurisdiction over the offense
ii. Information does not charge an
offense
e. Motion to suspend issuance of warrant of
arrest = motion to quash (if alleged that the
facts in the information do not constitute an
offense).
9. Resolution of a Motion to Quash
a. Before trial
i. Even at the preliminary
investigation level since the officer
has the power to dismiss when
there is no probable cause
b. Cannot defer the hearing of said motion until
trial; ow right to speedy trial will be impaired
10. Omnibus Motion Rule
a. A motion attacking a pleading, order,
judgment, proceeding
b. Includes all objections available
i. Objections not included are deemed
waived
1. EXCEPT
2. LACK OF JURISDICTION
OVER OFFENSE
3.
c. Before plea
i. No Omnibus Motion Rule
ii. Unlike in Sec. 8, Rule 15: all grounds
must be cited in the motion to
dismiss, otherwise it cannot be
raised anymore
iii. Thus, the accused can file several
motions to quash with different
grounds before arraignment
iv. NB: The rule is different in quashing
a search warrant: Sec. 14, Rule 126
d. After plea
i. Omnibus Motion Rule applies
11. Grounds (EXCLUSIVE)
NOT-JJ-FAME-PA
NB:
1. Lack of probable cause ground to
dismiss but not to quash.
2. Lack of preliminary investigation is
not a ground for a motion to quash,
but remand to prosecutor: petition
for reinvestigation
 Not in the enumerated grounds
 Lack of it does not affect the validity
of information and the jurisdiction
of the court
a. Facts charged do not constitute an offense
i. Essential elements of crime
ii. Matters aliunde not considered
iii. If vague, the remedy is not to quash
but bill of particulars
iv. Rule on Negative Averments
1. GR: negative averments
not ingredient to the
offense need not be
alleged
2. Except: to set out
ingredients of offense it
requires that the accused
does not fall within the
exemptions
v. Effect: presentation of evidence
cannot validate the Information
b. Court has no jurisdiction over the offense
c. No jurisdiction over the person of the accused
d. Information filed
i. Officer who filed has no authority
1. Irregularly appointed
2. Disqualified from
appointment
3. Without approval of
head prosecutor
4. Filed without the
Complaint in private
crimes
De facto officer has
authority
ii. No substantial compliance to
prescribed form
1. Elements of crime absent
2. Formal defects—
amendment may be
ordered
iii. More than one offense is charged
(duplicitous
Information/Complaint)
1. Except: single
punishment for various
offenses
iv. Averments, if true, constitute legal
justification
1. Justifying circumstances
2. Exempting
3. absolutory
e. Criminal action/liability extinguished
89 RPC
i. death of convict (pecuniary liability
extinguished only when he died
prior final judgment)
ii. service of sentence
iii. amnesty
iv. absolute pardon
v. prescription of crime and penalty
1. if last day for filing
Information is
Sunday/legal holiday—
file on the last working
day before the crime
prescribes
vi. marriage of offended woman (344
RPC)
vii. pardon/express consent in private
crimes (344 RPC)
f. Double Jeopardy (Res Judicata in prison grey) -
-accused has been previously convicted or
acquitted of the offense charged, or the case
against him was dismissed or otherwise
terminated without his express consent
i. Res judicata--The requisites for res
judicata are:
(1) court of competent jurisdiction;
(2) final judgment or order on the
merits; and
(3) identities of parties, subject
matter, and cause of action
12. Amendment of complaint/information
a. If the defect can be cured by amendment
i. Court orders amendment instead of
quashal
ii. If still defective despite
amendment—motion to quash is
proper
b. If the ground of the motion to quash is that the
facts do not constitute an offense
i. Prosecution can correct by
amendment
c. In both instances, motion to quash is granted
when:
i. Prosecution fails to amend
ii. Information still suffers defect
despite amendment
d. If there is defect in original complaint as to
cause of action and subsequently amended
i. Plea of prescription relates to the
time of filing the original complaint
e. Court cannot initiate motion to quash
 i. Except: when based on lack of d. appellate court passed upon pure question of 3. Final judgment of
jurisdiction law conviction/acquittal/dis
i. if quashal is incorrect—remand the missal without his
13. Effect of sustaining the motion to quash case express consent
a. Ground: e. not a bar to another prosecution 4. COURT OF COMPETENT
i. Facts do not constitute an offense except: JURISDICTION
ii. No authority of the officer who filed i. ground is that criminal ii. Subsequent case filed
the information action/liability extinguished 1. The same offense; or
iii. Does not substantially conform to ii. double jeopardy 2. An attempt to commit
prescribed form the said offense;
iv. Duplicitous information 16. double jeopardy 3. A frustration of the said
b. Effects: court orders another filing of a. jeopardy offense; or
information/amendment i. peril in which a person is put 4. Any offense which
i. Accused in custody—post bail to be ii. regularly charged with crime necessarily includes the
discharged iii. before a competent tribunal first offense charged
ii. If no such order or if made but iv. DANGER OF 5. Any offense which
information was not filed on time; CONVICTION/PUNISHMENT necessarily included the
accused in custody—be discharged b. Double jeopardy first offense charged.
1. Except: in custody for i. Person charged with an offense and iii. In order to raise double jeopardy
some other charge the case was terminated 1. First jeopardy must have
ii. By acquittal/conviction/dismissal attached and terminated
c. Ground: without express consent of the 2. Second jeopardy for the
i. Crime/liability extinguished accused same offense
ii. Averments would constitute legal iii. He cannot be charged again with iv. Dismissal v. acquittal
justifications the same offense 1. Acquittal
iii. Double jeopardy c. Types a. On merits
d. Effects: state in the order i. No person shall be put twice in b. Evidence does
i. the release of the accused—if in jeopardy for the SAME OFFENSE. 
 not show guilt
custody beyond
1. The same offense; or
ii. cancel bond—if he’s on bail reasonable
2. An attempt to commit
doubt
the said offense;
e. Ground: no jurisdiction over the Except:
3. A frustration of the said
offense/person c. Grave abuse
offense; or
f. Effect: 4. Any offense which (certiorari)—
i. remand/forward the case to proper E.G. LACK OF
necessarily includes the
court JURISDICTION
first offense charged
ii. not quash d. Violation of
5. Any offense which
due process
necessarily included the
14. if motion to quash is denied to the
first offense charged.
a. accuse pleads prosecution/
ii. When an act punished by a law and
b. go to trial without prejudice to defenses mistrial
an ordinance, conviction or
invoked in the motion 2. Dismissal
acquittal under either shall be a bar
c. appeal from judgment of conviction and a. Not on the
to another prosecution for the
interpose the denial as an error merits
SAME ACT. (Sec. 21, Art. III, 1987
d. order of denial v. Dismissal with express consent
Constitution)
i. interlocutory (not appealable) 1. Express consent to
1. QUASI-OFFENSES UNDER
ii. remedy: Rule 65 provisional remedies
RPC
certiorari/prohibition (viva voce/writing)
d. Requisites
15. if motion is sustained 2. GR: will not bar
i. Previous case filed
a. as if a final order prosecution for same
1. Valid
b. not interlocutory (appealable at once) offense as the consent is
complaint/information
c. no double jeopardy deemed a waiver of right
2. Valid
i. no arraignment yet, and was against double jeopardy
arraignment/entered
dismissed without his express Except: dismissal
plea
consent tantamount to acquittal
 a. Demurrer to iii. either way—period of sentence as i.When the information does not
evidence served by the accused under the charge an offense;
b. Due to denial former conviction is credited against ii. Lack of jurisdiction of the court;
of right to the sentence he will serve under iii. Extinction of the offense or penalty;
speedy trial subsequent prosecution and
c. Discharged as iv. Double jeopardy.
state witness 17. CONVICTION CANNOT BE APPEALED BY PROSECUTOR— 20. Motion to withdraw information v. motion to dismiss:
3. Same act punished by ERRORS ON JUDGMENT; DJ ATTACHED ALREADY both put an end to an action but legal effects vary
law and an ordinance a. Motion to withdraw information
a. bar to 18. provisional dismissal i. Order granting it becomes final
another a. GR: provisional dismissal of the case with the after 15 days from receipt
prosecution consent of the accused—cannot invoke double ii. Without prejudice to re-filing upon
for same act jeopardy reinvestigation
4. single act punished by i. In another prosecution; or iii. Time bar rule on provisional
two different provisions ii. Case was reinstated on MR by remedies does not apply
of law requiring different prosecution b. Motion to dismiss
proof b. Except: dismissal was actually an acquittal i. Final after 15 days from receipt
a. not bar i. Lack of evidence ii. With prejudice to re-filing
e. test whether offenses are identical—second ii. denial of speedy trial 1. EXT
offense is c. requisites 2. DJ
i. Is exactly the same as the first; i. express consent of the accused iii. Time bar rule on provisional
ii. Is an attempt to or frustration of the 1. positive, direct, remedies will apply
first; unequivocal
iii. Is necessarily included in the first; or 2. no inference required to
iv. Necessarily includes the first and is supply its meaning Rule 118: Pre-trial
v. necessarily included in the offense 3. mere
charged in the first information inaction/silence/failure 1. Mandatory in criminal cases
to object is not express a. MTC up to RTC/SB
f. exceptions to the 4th rule upon conviction for consent b. Covers:
the first offense charged: when double ii. notice to offended party i. Plea bargaining
jeopardy shall not apply despite prior iii. court granted the motion ii. Stipulation of facts
convictions d. becomes permanent iii. Marking of evidence
i. graver offense developed due to i. failure to reinstate/revive within the iv. Waiver of objections to admissibility
supervening facts arising from same given period of evidence
act/omission constituting the ii. State may revive beyond the period v. Modify order of trial; lawful defense
former charge if the delay is justified (reverse trial)
ii. facts constituting graver charge 1. Accused can oppose vi. Others that will promote fair trial
discovered only after plea in the invoking double jeopardy c. Ordered after arraignment and within 30 days
former complaint/information or from the time the court acquired jurisdiction
iii. plea of guilty to lesser offense made 2. prescription over the person
without consent of prosecutor and e. period of reinstatement i. Except: shorter period (special
offended party i. IF PUNISHABLE BY imprisonment 6 laws/SC)
except: years and below = one year after 2. Plea bargaining
offended party failed to issuance of order a. Parties mutually work for disposition of case
appear at arraignment ii. imprisonment more than 6 years = b. subject to court’s approval
g. second offense necessarily includes the first two years after issuance c. defendant’s pleading guilty to
offense f. how to revive i. lesser offense or
i. facts in the second information i. refile information ii. to only one or some of the counts of
would sustain the former ii. for the same offense/necessarily a multi-count indictment in return
information; or included in the original charge for a lighter sentence than that for
ii. from second information the the graver charge
accused may have been 19. failure to move to quash before the accused pleads d. drugs cases: RA 9165 (Dangerous Drugs Act)—
acquitted/convicted for the first a. deemed a waiver plea bargaining not allowed
information except: Except:
 i. Imposable penalty is not life ii. Promulgation of judgment c. if accused pleads not guilty
imprisonment or death (Estipona v. iii. Identification i. state whether he interposes
People, 2017) f. Presence of private offended party not negative or affirmative defense
required ii. negative defense—prosecution
3. Purpose i. EXCEPT during arraignment—plea must prove the guilt beyond
a. Simplify issues bargain, determining civil liability reasonable doubt
b. Shape up testimonies and documents 1. Ow when the accused iii. affirmative defense—accused must
c. Organize the desk of parties pleads guilty to lesser prove by clear and convincing
4. Importance offense necessarily evidence
a. Period: from filing information until trial included in the offense 11. Discovery procedures
b. Encompasses remedies: charged, he is allowed a. Provisional remedies
i. Motion to quash with the conformity of b. Inspection of evidence possessed by
ii. Motion to suppress evidence prosecutor alone. prosecution
iii. Motion for determination of g. Pretrial brief not required c. Arraignment—mental examination
probable cause i. But rather attendance at pretrial d. Depositions—“any matter” cognizable by court
c. Accused invokes presumption of innocence and conference (Sec. 2 Rule 118) e. Conditional examination of witnesses before
assured he need not do anything else 7. Pretrial Agreement trial
5. Civil cases a. Agreements entered during pretrial conference i. Accused: right to confront witnesses
a. Preceded by motion ex parte for pretrial filed (Minutes)
by plaintiff b. Requisites before it can be used as evidence: 12. JDR (Judicial Dispute Resolution) Riano 2016 p. 473
b. Set after the requisite motion filed i. Reduced in writing a. Purpose
c. Purpose: ii. Signed by the accused and his i. Decongest
i. consider judgment on the counsel ii. expedite
pleadings/summary judgment iii. Court’s approval b. Stages
ii. possibility of amicable settlement 1. Plea—may be modified i. Filing complaint  CAM (Court-
d. Presence of defendant required when contrary to law, Annexed Mediation) & JDR (pretrial)
Except: represented by counsel morals, public policy ii. Pretrial proper  trial & judgment
authorized to compromise; ow 2. Provided, that the c. JDR judge—
declared default agreement on the plea of i. mediator-conciliator; neutral
e. Presence of plaintiff required the accused should be to evaluator
Except: a lesser offense ii. non-binding impartial evaluation
i. Valid cause; or necessarily included in iii. to whom the case originally raffled
ii. Represented by a person authorized the offense charged iv. will preside the first stage
to perform acts under Sec. 4 Rule (Sec.4, Circular 38-98). v. GR: will not preside over trial of
18; ow case dismissed 8. Non-appearance at pretrial conference same case when mediation fails
f. Pre-trial brief required a. Penalties (except: valid justification) 1. Except: parties agree
i. With sanctions and particulars i. Reprimand, fine, imprisonment d. Role of lawyers--
under Sec. 6 Rule 18 ii. Similar to indirect contempt penalty e. Confidentiality
6. Criminal cases b. Accused is not required to appear but his i. JDR judge shall not pass on any
a. Set after arraignment and within 30 days from counsel and the prosecutor information to trial judge or anyone
acquiring jurisdiction over the person unless a i. Right to remain silent Except:
shorter period ordered by law/SC 9. Pretrial order 1. Previous mediator to
b. Purpose a. After pretrial conference know unresolved issues
i. As enumerated by the Rules b. Reciting the actions taken, facts stipulated, f. Covers
ii. Offer of compromise = implied evidence marked i. All civil cases
admission of guilt c. Purpose ii. Settlement of estate
1. Except: quasi- i. Bind the parties to issues iii. those under Rules on Summary
offenses/special laws ii. Limit the trial to matters not Procedure
c. Accused merely required to sign agreement in disposed of Except: cannot be
pre-trial conference iii. Control the course of action during compromised
d. Presence not required trial a. Violation of
Except: court order 10. Plea of not guilty entered traffic,
e. Accused may waive his presence at all stages a. 15 days to prepare for trial b. Ordinance
Except: b. trial commences within 30 days from receipt of iv. Cases under Katarungang
i. Arraignment pretrial order Pambarangay Law
 v. Civil aspect 1. 10 days = preventive i. Obtain the presence of prisoner for
1. BP 22 cases detention trial; right to demand trial
2. Quasi-offenses under ii. trial = 30 days from pretrial ii. Custodian will advise prisoner about
RPC iii. presentation of evidence = 180 days the right
3. Estafa and libel iv. promulgation of decision = 90 days iii. Prisoner will be made available
4. Theft from submission of case for decision 11. Sanctions when counsels for parties (criminal,
d. Special laws administrative, contempt)
Rule 119: Trial i. Drugs cases a. Set trial with despite knowledge that essential
ii. Environmental cases witness unavailable
1. Trial iii. Intellectual property rights cases b. Frivolous and dilatory motion
a. Examination before competent tribunal iv. mediation c. Obtaining continuance in bad faith
according to law 12. If accused not brought to trial within time limit
b. Of facts in issue of the case 4. Trial suspended on account of absent witness a. Motion to dismiss Information for violating the
c. To determine the issue a. Material witness right to speedy trial
b. Applicant is no neglect i. Before trial ow waived
2. Period c. No similar evidence could be obtained ii. Subject to double jeopardy
a. After plea of not guilty entered 5. Remedies of accused against prosecutor who secured iii. If the dismissal is without
b. At least 15 days to prepare postponement of trial prejudice—revival
i. If denied, it is an error in case of a. Mandamus—to compel dismissal of 13. Law on speedy trial not bar to speedy trial in the
judgment of conviction remedy: information Constitution
appeal (not certiorari/HC) b. Habeas corpus—if liberty is restrained 14. Order of trial
c. Commences within 30 days from receipt of 6. Presiding Judge a. Prosecution shall present evidence
pretrial order a. Must adhere to session hours b. Accused
d. Not exceed 180 days b. Full control of proceedings c. Prosecution; rebuttal evidence
i. Except: SC provides the otherwise c. Effectively use time and resources d. Accused; sur-rebuttal
ii. Instances when arraignment made 7. Exclusions in computation of time the trial must e. Admission of evidence
in a shorter period commence f. Submitted for decision
1. Summary procedure— a. Delays due to other proceedings of the accused i. Except: oral
arraigned and tried b. Absence or unavailability of witness argument/memorandum is first
immediately c. Mental incompetence or physical inability of ordered
2. Offended party to depart the accused
Philippines without d. Delay from the date of the charge was 15. Reverse trial
definite return— dismissed to the date the subsequent charge to
immediately be filed—substitution 16. Application for examination of his witness before trial
3. Child abuse cases—tried e. Other Joint trial with co-accused (motion & notice)
3 days from arraignment f. Delay due to continuance a. By accused
4. Drugs cases—tried 8. Continuance i. Motion
within 60 days; decided a. Postponement of trial 1. Name and residence of
within 15 days from b. Discretionary to court witness
submission c. Factors 2. Substance of testimony
5. Intellectual property, i. Prevent miscarriage of justice 3. Ground:
heinous crimes—tried ii. Complex case a. Sickness; or
within 60 days; decided d. Not considered b. Resides more
within 30 days from i. Congestion of court calendar than 100 km;
submission ii. Lack of diligent preparation c. No means to
3. Continuous trial of criminal cases 9. Order for new trial attend
a. A.M. (2017) (p. 9, 11, 18) a. Trial will commence within 30 days from notice ii. Examination by
b. Testimony of order becomes final 1. any judge; or
i. Mtc--affidavits i. May be extended but not more than 2. Lawyer designated by
ii. Rtc—oral/writing; affidavits; 180 days from notice court; or
eyewitness (orally) 10. Public attorney 3. Lower court designated
c. Regular rules a. Where accused is imprisoned by superior court that
i. Pretrial and arraignment = 30 days b. Upon request by accused, relative, or by court issued the order
from acquiring jurisdiction over the as counsel de officio iii. Prosecutor’s presence not required
person of the accused c. Duty 1. Provided he was notified
 iv. Depositions i. Interest of justice (even after b. Transfer of judge to another sala
1. Definition prosecution presents evidence) i. Coequal court—new judge may pen
a. mode of c. Separate trial decision
discovery i. Testimony of co-accused imputing ii. Not equal courts—new judge
b. Testimony of the crime to the other is cannot promulgate
witness taken inadmissible against the latter c. Probation
before trial d. Joint trial d. Variance between allegation and proof
c. Oral/written i. Admissible if the latter had e. Recantation v. affidavit of desistance
questions; opportunity to cross-examine f. Neypes doctrine
cross exam 19. State witness g. Sandiganbayan mode of appeal
d. Commission is a. Motion to discharge an accused or more to be i. Automatic review
issued by the state witness by prosecution ii. Notice of appeal
court b. Before prosecution rests iii. Rule 45
e. Reduced in c. Order of discharged cannot subject on appeal;
writing only certiorari/prohibition
f. Authenticated d. Requisites:
g. To be used to i. Two or more accused
civil/criminal ii. Consent of the one to be discharged
prosecution iii. Evidence and sworn statement
2. Purpose iv. Conditions
a. Greater 1. Absolute necessity
assistance to 2. No other direct evidence
parties 3. Substantial testimony
b. detect false 4. Accused does not appear
claims and to be the most guilty
defenses 5. Never convicted to
c. access facts in offense involving moral
simple way turpitude
d. encourage 6. Application filed before
settlements the defense offers its
e. expedite evidence
litigation v. Absence of any requisite is a ground
b. by prosecution for objection to be raised before the
i. ground: order
1. sickness vi. Witness discharged must still apply
2. leave Philippines without for enjoyment by DOJ
definite return e. RA 6981 (Witness Protection Program)
ii. examined i. Offense in which the testimony is to
1. court where the case is be used is only for grave felony
pending ii. Immunity granted by DOJ
iii. presence of accused not required iii. Witness need not be charged; no
1. provided notified information filed against the
17. Bail to secure appearance of material witness witness
a. If proved that a witness will not testify f. Ombudsman (RA 6770)
b. Upon motion g. Immunity (PD 749)
c. Order witness to post bail h. EO 14-A
i. Ow committed to prison 20. Discharge of accused operates as acquittal
d. Despite residing more than 100 km from 21. Corpus delicti
court—bound by subpoena a. Not literally body of the crime
i. Viatory right only applies in civil b. Must prove: actual commission of crime and
cases accused’s participation
18. Trial of several accused 22. Demurrer to evidence
a. GR: tried jointly a. Elements of the crime
b. Except: 23. Judgment
a. Only the sitting judge who can pen the decision