DEPARTMENT OF JUSTICE

National Prosecution Service

MANUAL FOR PROSECUTORS

RULES ON PROCEDURE IN THE INVESTIGATION,
PROSECUTION AND TRIAL OF CRIMINAL CASES

PART I. PROSECUTION OF OFFENSES

SEC. 1. Criminal action. - A criminal action is one by which the state

prosecutes a person for an act or omission punishable by law.[1]
SEC. 2. How and where commenced. - A criminal action is
commenced by the filing of a complaint with the City/Provincial Prosecution
Office or with the Municipal Trial Court or Municipal Circuit Trial Court.
However, a criminal action for an offense committed within Metro Manila,
may be commenced only by the filing of the complaint with the Prosecutor's
Office.
SEC. 3. Complaint. - A complaint is a sworn written statement
charging a person with an offense and subscribed by the offended party, any
peace officer or public officer charged with the enforcement of the law
violated.[2]
To discourage the filing of harassment charges, the prosecutor shall
warn the complainant that any false statement in the complaint may give rise
to a finding of a prima facie case for perjury before the same office.
SEC. 4. Offended party, defined. - The offended party is the person
against whom or against whose property the crime was committed.[3]
SEC. 5. Information. - An information is the accusation in writing
charging a person with an offense, subscribed by the prosecutor, and filed
with the court. The information need not be placed under oath by the
prosecutor signing the same. The prosecutor must, however, certify under
oath that -
a) he has examined the complainant and his witnesses;
b) there is reasonable ground to believe that a crime has been
committed and that the accused is probably guilty thereof;
c) the accused was informed of the complaint and of the evidence
submitted against him; and
d) the accused was given an opportunity to submit controverting
evidence.[4]
SEC. 6. Sufficiency of complaint or information. - A complaint
or information shall be considered sufficient if it states -
a) the name of the accused;
b) the designation of the offense committed;
 c) the act or omission complained of;
d) the name of the offended party;
e) the approximate time of the commission of the offense; and
f) the place where the offense was committed.[5]
SEC. 7. Other essential matters to be alleged in complaint or
information. - The following shall also be alleged in a complaint or
information:
a) every essential element of the offense;
b) the criminal intent of the accused and its relation to the act or
omission complained of;
c) all qualifying and generic aggravating circumstances which are
integral pans of the offense;
d) all matters that are essential to the constitution of the offense, such
as the ownership and/or value of the property robbed or
destroyed; the particular knowledge to establish culpable intent;
or the particular intention that characterizes the offense;
e) age of the minor accused, and whenever applicable, the fact that
he acted with discernment; and
f) age of the minor complainant, when age is material.
SEC. 8. Additional contents of a complaint - In addition to the
matters listed above, a complaint or information shall contain a certification
that the recitals therein are true and correct and not in the nature of a
countercharge to avoid conflict in the appreciation of the facts and evidence.
SEC. 9. Name of accused. - The complaint or information shall state
the name and surname of the accused, if known, or any appellation or
nickname by which he has been or is known. If his name is not known, the
accused shall be mentioned under a fictitious name such as "John Doe'1 or
"Jane Doe."
SEC. 10. Designation of offense. - To properly inform the accused
of the nature and cause of the accusation against him, the complaint or
information shall state, whenever possible, -
a) the designation given to the offense by the statute;
b) the statement of the act or omission constituting the same, and if
there is no such designation, reference shall be made to the section
or subsection of the law punishing it.[6]
SEC. 11. Cause of accusation. - The act or omission complained of
as constituting the offense shall be stated in an ordinary and concise
language without repetition. The statement need not use the terms of the
statute defining the offense so long as a person of common understanding is
able to know what offense was intended to be charged and to enable the court
to pronounce proper judgment.[7]
SEC. 12. Place of the commission of offense. - The complaint or
information is sufficient if it states that the crime charged was committed or
some of the ingredients thereof occurred at some place within the
jurisdiction of the court, unless the particular place in which the crime was
committed is an essential element of the crime e.g. in a prosecution for
violation of the provision of the Election Code which punishes the carrying
of a deadly weapon at the polling place ", or if it is necessary to identify the
offense charged e.g., the domicile in the offense of "violation of domicile." [8]
SEC. 13. Time of commission of offense. - The precise time of the
commission of the offense shall be stated in the complaint or information if
time is a material ingredient of the offense e.g., treason, infanticide.
Otherwise, it is sufficient that it be alleged that the offense was committed at
any time as near to the actual date at which the offense was committed.[9]
SEC. 14. Title of complaint or information. - The title of the
complaint or information shall be in the name of the "People of the
Philippines" as Plaintiff against all persons who appear to be responsible for
the offense involved.[10]
SEC. 15. Contents of caption of an information. - The caption of
an information shall, in addition to the name of the Plaintiff, indicate the
following:
a) the complete names i.e., given name, maternal name, surname,
and addresses, of all the accused. In the case of accused minors,
their age shall be indicated in the caption;
b) the case number; and
c) the offense charged. The denomination of the offense and the
specific law and provision violated shall be specified.
SEC. 16. List of prosecution witnesses. - The information shall
contain the complete names and addresses of all identified witnesses for the
prosecution. In cases for violation of B.P. Blg. 22 and estafa cases, the list of
witnesses shall include the complainant, the bank representative with
specific reference to the check and account numbers involved and in the
proper cases, the company auditor; and in physical injuries cases, the
attending physician with specific reference to the medical report and date of
the incident.
SEC. 17. Number of offenses charged. - A complaint or
information shall charge only one offense so as not to confuse the accused in
his defense, except in those cases in which existing laws prescribe a single
punishment for various offenses, e.g., complex crimes under Article 48 of the
Revised Penal Code.[11]
SEC. 18. Amendment of information or complaint. -An
information or complaint may be amended before the accused pleads, after
the accused has pleaded, and during the trial.
Before plea, amendment of the information or complaint, in substance
or form, is a matter of right.
 After plea and during trial, amendment may be made only with leave
of court and only as to matters of form wherein the same can be done without
prejudice to the rights of the accused.
At any time before judgment, if there has been a mistake in charging
the proper offense, the court shall dismiss the original complaint or
information upon the filing of a new one charging the proper offense in
accordance with Rule 119, Section 11,[12] provided the accused would not be
placed thereby in double jeopardy. The court may also require the witnesses
to give bail for their appearance at the trial. [13]
SEC. 19. Mistake in form and substance. - A mistake in form
refers to clerical errors, matters which are not essential to the charge, and
those which will not mislead or prejudice the accused as when a defense
under the original information can be used after the amendment is made and
any evidence that the accused may have would be equally applicable to the
one form as in the other.
A mistake in substance is any omission or mis-statement which
prevents an information from showing on its face that an offense has been
committed, or from showing what offense is intended to be charged.[14]
SEC. 20. How Period of Prescription Computed and
Interrupted. - For an offense penalized under the Revised Penal Code, the
period of prescription commences to run from the day on which the crime is
discovered by the offended party, the authorities, or their agents, and shall
be interrupted:
a) by the filing of the complaint with the Office of the City/Provincial
Prosecutor;[15] or with the Office of the Ombudsman;[16] or

b) by the filing of the complaint or information with the court even if

it is merely for purposes of preliminary examination or
investigation, or even if the court where the complaint or
information is filed cannot try the case on its merits.[17]
However, for an offense covered by the Rules on Summary Procedure,
the period of prescription is interrupted only by the filing of the complaint or
information in court.[18]
The prescription of an offense filed before the Prosecutor or
Ombudsman shall commence to run again when such proceedings
terminate; while the prescription of an offense filed in court starts to run
again when the proceedings terminate without the accused being convicted
or acquitted or are unjustifiably stopped for any reason not imputable to the
accused.[19]
For violation of a special law or ordinance, the period of prescription
shall commence to run from the day of the commission of the violation, and
if the same is not known at the time, from the discovery and the institution
of judicial proceedings for its investigation and punishment. The
prescription shall be interrupted only by the filing of the complaint or
information in court and shall begin to run again if the proceedings are
dismissed for reasons not constituting double jeopardy.[20]
For cases falling within the jurisdiction of the Katarungang
Pambarangay, the period of prescription is likewise interrupted by the filing
of the complaint with the punong barangay; but shall resume to run again
upon receipt by the complainant of the certificate of repudiation or of the
certification to file action issued by the lupon or pangkat secretary; Provided,
however, That such interruption shall not exceed sixty (60) days from the
filing of the complaint with the punong barangay.[21]
Prescription shall not run when the offender is absent from the
country.[22]
In cases where the imposable penalty is imprisonment and/or a fine,
the greater penalty shall be the basis for the computation of prescription.

PART II. INQUEST[23]

SEC. 1. Concept. - Inquest is an informal and summary investigation

conducted by a public prosecutor in criminal cases involving persons
arrested and detained without the benefit of a warrant of arrest issued by the
court for the purpose of determining whether or not said persons should
remain under custody and correspondingly be charged in court.
SEC. 2. Designation of Inquest Officer. - The City or Provincial
Prosecutor shall designate the Prosecutors assigned to inquest duties and
shall furnish the Philippine National Police (PNP) a list of their names and
their schedule of assignments. If, however, there is only one Prosecutor in
the area, all inquest eases shall be referred to him for appropriate action.
Unless otherwise directed by the City or Provincial Prosecutor, those
assigned to inquest duties shall discharge their functions during the hours of
their designated assignments and only at the police stations/headquarters of
the PNP in order to expedite and facilitate the disposition of inquest eases.
SEC. 3. Commencement and termination of inquest. - The
inquest proceedings shall be considered commenced upon receipt by the
Inquest Officer from the law enforcement authorities of the
complaint/referral documents which should include:
a) the affidavit of arrest;
b) the investigation report;
c) the statement of the complainant and witnesses; and
d) other supporting evidence gathered by the police in the course of
the latter's investigation of the criminal incident involving the
arrested or detained person.
 The Inquest Officer shall, as far as practicable, cause the affidavit of
arrest and statements/affidavits of the complainant and the witnesses to be
subscribed and sworn to before him by the arresting officer and the affiants.
The inquest proceedings must be terminated within the period
prescribed under the provisions of Article 125 of the Revised Penal Code, as
amended.[24]
SEC. 4. Documents required in specific cases. - The Inquest
Officer shall, as far as practicable, require the submission/presentation of
the documents listed below, to wit:
Murder, Homicide and Parricide
a) certified true/machine copy of the certificate of death of the
victim; and
b) necropsy report and the certificate of post-mortem examination, if
readily available.
Frustrated or Attempted Homicide, Murder, Parricide and Physical Injuries
a) medical certificate of the complaining witness showing the nature
or extent of the injury;
b) certification or statement as to duration of the treatment or
medical attendance; and
c) certificate or statement as to duration of incapacity for work.
Violation of the Dangerous Drugs Law (R.A. No.6425, as amended)
a) chemistry report or certificate of laboratory examination duly
signed by the forensic chemist or other duly authorized officer. If
the foregoing documents are not available, the Inquest Officer may
temporarily rely on the field test results on the seized drug, as
attested to by a PNP Narcotics Command operative or other
competent person, in which event, the Inquest Officer shall direct
the arresting officer to immediately forward the seized drug to the
crime laboratory for expert testing and to submit to the
prosecutor's office the final forensic chemistry report within five
(5) days from the date of the inquest;
b) machine copy or photograph of the buy-bust money; and
c) affidavit of the poseur-buyer, if any.
Theft and Robbery, Violation of the Anti-Piracy and Anti-Highway Robbery
Law (P.D. No.532) and Violation of the Anti-Fencing Law (P.D. No.1612)
a) list/inventory of the articles and items subject of the offense; and
b) statement of their respective values.
Rape, Seduction and Forcible Abduction with Rape
a) the medico-legal report (living case report), if the victim submitted
herself for medical or physical examination.
Violation of the Anti-Carnapping Law (R.A. No.6539)
a) machine copy of the certificate of motor vehicle registration;
b) machine copy of the current official receipt of payment of
theregistration fees of the subject motor vehicle; and
 c) other evidence of ownership.
Violation of the Anti-Cattle Rustling Law (P.D. No.533)
a) machine copy of the cattle certificate of registration; and
b) photograph of the cattle, if readily available.
Violation of Illegal Gambling Law (P.D. No.1602)
a) gambling paraphernalia; and
b) cash money, if any.
Illegal Possession of Explosives (P.D. No.1866)
a) chemistry report duly signed by the forensic chemist; and
b) photograph of the explosives, if readily available.
Violation of the Fisheries Law (P.9. No.704)
a) photograph of the confiscated fish, if readily available; and
b) certification of the Bureau of Fisheries and Aquatic Resources.
Violation of the Forestry Law (P.9. No.705)
a) scale sheets containing the volume and species of the forest
products confiscated, number of pieces and other important
details such as estimated value of the products confiscated;
b) certification of Department of Environment and Natural
Resources or Bureau of Forest Management; and
c) seizure receipt.
The submission of the foregoing documents shall not be absolutely
required if there are other forms of evidence submitted which will sufficiently
establish the facts sought to be proved by the foregoing documents.
SEC. 5. Incomplete documents. - When the documents presented
are not complete to establish probable cause, the Inquest Officer shall direct
the law enforcement agency to submit the required evidence within the
period prescribed under the provisions of Article 125 of the Revised Penal
Code, as amended.[25]Otherwise, the Inquest Officer shall order the release
of the detained person[26] and, where the inquest is conducted outside of
office hours, direct the law enforcement agency concerned to file the case
with the City or Provincial Prosecutor for appropriate action.

SEC. 6. Presence of detained person. - The presence of the

detained person who is under custody shall be ensured during the
proceedings.
However, the production of the detained person before the Inquest
Officer may be dispensed with in the following cases:
a) if he is confined in a hospital;
b) if he is detained in a place under maximum security;
c) if production of the detained person will involve security risks; or
d) if the presence of the detained person is not feasible by reason of
age, health, sex and other similar factors.
 The absence of the detained person by reason of any of the foregoing
factors shall be noted by the Inquest Officer and reflected in the record of the
case.
SEC. 7. Charges and counter-charges. - All charges and counter-
charges arising from the same incident shall, as far as practicable, be
consolidated and inquested jointly to avoid contradictory or inconsistent
dispositions.
SEC. 8. Initial duty of Inquest Officer. - The Inquest Officer shall
first determine if the arrest of the detained person was made in accordance
with paragraphs (a) and (b) of Section 5, Rule 113 of the 1985 Rules on
Criminal Procedure, as amended, which provide that arrests without a
warrant may be effected:[27]
a) when, in the presence of the arresting officer, the person to be
arrested has committed, is actually committing, or is attempting
to commit an offense; or
b) when an offense has in fact just been committed, and the arresting
officer has personal knowledge of facts indicating that the person
to be arrested has committed it.
For this purpose, the Inquest Officer may summarily examine the
arresting officers on the circumstances surrounding the arrest or
apprehension of the detained person.
SEC. 9. Where arrest not properly effected. - Should the Inquest
Officer find that the arrest was not made in accordance with the Rules, he
shall;
a) recommend the release of the person arrested or detained;
b) note down the disposition on the referral document;
c) prepare a brief memorandum indicating the reasons for the action
taken; and
d) forward the same, together with the record of the case, to the City
or Provincial Prosecutor for appropriate action.
Where the recommendation for the release of the detained person is
approved by the City or Provincial Prosecutor but the evidence on hand
warrants the conduct of a regular preliminary investigation, the order of
release shall be served on the officer having custody of said detainee and shall
direct the said officer to serve upon the detainee the subpoena or notice of
preliminary investigation, together with the copies of the charge sheet or
complaint, affidavits or sworn statements of the complainant and his
witnesses and other supporting evidence.[28]
SEC. 10. Where arrest properly effected. - Should the inquest
Officer find that the arrest was properly effected, the detained person shall
be asked if he desires to avail himself of a preliminary investigation and, if
he does, he shall be made to execute a waiver of the provisions of Article 125
of the Revised Penal Code, as amended[29], with the assistance of a lawyer
and, in case of non-availability of a lawyer, a responsible person of his
choice.[30] The preliminary investigation may be conducted by the Inquest
Officer himself or by any other Assistant Prosecutor to whom the case may
be assigned by the City or Provincial Prosecutor, which investigation shall be
terminated within fifteen (15) days from its inception.
SEC. 11. Inquest proper. - Where the detained person does not opt
for a preliminary investigation or otherwise refuses to execute the required
waiver, the Inquest Officer shall proceed with the inquest by examining the
sworn statements/affidavits of the complainant and the witnesses and other
supporting evidence submitted to him.
If necessary, the Inquest Officer shall require the presence of the
complaining witnesses and subject them to an informal and summary
investigation or examination for purposes of determining the existence of
probable cause.
SEC. 12. Meaning of probable cause. - Probable cause exists when
the evidence submitted to the Inquest Officer engenders a well-founded
belief that a crime has been committed and that the arrested Or detained
person is probably guilty thereof.
SEC. 13. Presence of probable cause. - If the Inquest Officer finds
that probable cause exists, he shall forthwith prepare the corresponding
complaint/information with the recommendation that the same be filed in
court. The complaint/information shall indicate the offense committed and
the amount of bail recommended, if bailable.
Thereafter, the record of the case, together with the prepared
complaint/information, shall be forwarded to the City or Provincial
Prosecutor for appropriate action.
The complaint/information may be filed by the Inquest Officer himself
or by any other Assistant Prosecutor to whom the case may be assigned by
the City or Provincial Prosecutor.
SEC. 14. Contents of Information. - The information shall, among
others, contain:
a) a certification by the filing Prosecutor that he is filing the same in
accordance with the provisions of Section 7, Rule 112, Rules on
Criminal Procedure, in cases cognizable by the Regional Trial
Court;[31]
b) the full name and aliases, if any, and address of the accused;
c) the place where the accused is actually detained;
d) the full names and addresses of the complainant and witnesses;
e) a detailed description of the recovered items, if any;
f) the full name and address of the evidence custodian;
g) the age and date of birth of the complainant or the accused, if
eighteen (18) years of age or below; and
h) the full names and addresses of the parents, custodians or
guardians of the minor complainant or accused, as the case may
be.
 SEC. 15. Absence of probable cause. - If the Inquest Officer finds
no probable cause, he shall:
a) recommend the release of the arrested or detained person;[32]
b) note down his disposition on the referral document;
c) prepare a brief memorandum indicating the reasons for the action
taken; and
d) forthwith forward the record of the case to the City or Provincial
Prosecutor for appropriate action.
If the recommendation of the Inquest Officer for the release of the
arrested or detained person is approved, the order of release shall be served
on the officer having custody of the said detainee.
Should the City or Provincial Prosecutor disapprove the
recommendation of release, the arrested or detained person shall remain
under custody, and the corresponding complaint/information shall be filed
by the City or Provincial Prosecutor or by any Assistant Prosecutor to whom
the case may be assigned.
SEC. 16. Presence at crime scene. - Whenever a dead body is found
and there is reason to believe that the death resulted from foul play, or from
the unlawful acts or omissions of other persons and such fact has been
brought to his attention, the Inquest Officer shall:
a) forthwith proceed to the crime scene or place of discovery of the
dead person;
b) cause an immediate autopsy to be conducted by the appropriate
medico-legal officer in the locality or the PNP medico-legal
division or the NBI medico-legal office, as the case may be;
c) direct the police investigator to cause the taking of photographs of
the crime scene or place of discovery of the dead body;
d) supervise the investigation to be conducted by the police
authorities as well as the recovery of all articles and pieces of
evidence found thereat and see to it that the same are safeguarded
and the chain of the custody thereof properly recorded; and
e) submit a written report of his finding to the City or Provincial
Prosecutor for appropriate action.
SEC. 17. Sandiganbayan cases. - Should any complaint cognizable
by the Sandiganbayan be referred to an Inquest Officer for investigation, the
latter shall, after conducting the corresponding inquest proceeding,
forthwith forward the complete record to the City or Provincial Prosecutor
for appropriate action.
SEC. 18. Recovered articles. - The Inquest Officer shall see to it that
all articles recovered by the police at the time of the arrest or apprehension
of the detained person are physically inventoried, checked and accounted for
with the issuance of corresponding receipts by the police officer/investigator
concerned.
 The said articles must be properly deposited with the police evidence
custodian and not with the police investigator.
The Inquest Officer shall ensure that the items recovered are duly
safeguarded and the chain of custody is properly recorded.
SEC. 19. Release of recovered articles.- The Inquest Officer shall,
with the prior approval of the City or Provincial Prosecutor or his duly
authorized representative, order the release[33] of recovered articles to their
lawful owner or possessor, subject to the conditions that:
a) there is a written request for their release;[34]
b) the person requesting the release of said articles is shown to be the
lawful owner or possessor thereof;
c) the requesting party undertakes under oath to produce said
articles before the court when so required;
d) the requesting party, if he is a material witness to the case, affirms
or reaffirms his statement concerning the case and undertakes
under oath to appear and testify before the court when so required;
e) the said articles are not the instruments, or tools in the
commission of the offense charged nor the proceeds thereof; and
f) photographs of said articles are first taken and duly certified to by
the police evidence custodian as accurately representing the
evidence in his custody.

PART III. PRELIMINARY INVESTIGATION

SEC. 1. Concept of preliminary investigation - A preliminary

investigation is an inquiry or proceeding to determine whether there is
sufficient ground to engender a well founded belief that a crime cognizable
by the Regional Trial Court has been committed and that the respondent is
probably guilty thereof and should be held for trial.[35]
A preliminary investigation is essentially a judicial inquiry since there
is the opportunity to be heard, the production and weighing of evidence, and
a decision rendered on the basis of such evidence. In this sense, the
investigating prosecutor is a quasi-judicial officer.[36]
SEC. 2. Purpose of preliminary investigation. - A preliminary
investigation is intended:
a) to secure the innocent against hasty, malicious and oppressive
prosecution and to protect him from an open and public
accusation of a crime and from the trouble, expense and anxiety of
a public trial;[37] and
b) to protect the State from having to conduct useless and expensive
trials.[38]
SEC. 3. Nature of preliminary investigation. - The conduct of a
preliminary investigation is a substantive right which the accused may
invoke prior to or at least at the time of plea, the deprivation of which would
be a denial of his right to due process.
SEC. 4. Effect of amendment of information. - In case an
information is amended, a new preliminary investigation shall be conducted
if the amended charge is not related to the crime originally charged; if there
is a change in the nature of the crime charged; or if the information on its
face is null and void for lack of authority to file the same.
SEC. 5. Where right of preliminary investigation may he
invoked. - The right to a preliminary investigation may be invoked only in
cases cognizable by the Regional Trial Court. The right is not available in
cases triable by inferior courts.
SEC. 6. Officers Authorized to Conduct Preliminary
Investigation. - The following may conduct a preliminary
investigation;[39]
a) Provincial or City Prosecutors and their assistants;
b) Judges of Municipal Trial Courts and Municipal Circuit Trial
Courts;
c) National and Regional State Prosecutors; and
d) Other officers as may be authorized by law.[40]
Their authority to conduct preliminary investigation shall include all
crimes cognizable by the proper court in their respective territorial
jurisdiction.[41]
SEC. 7. Commencement of Preliminary Investigation. - A
preliminary investigation proceeding is commenced:
a) by the filing of a complaint by the offended party or any competent
person[42] directly with the Office of the Investigating Prosecutor
or Judge;
b) by referral from or upon request of the law enforcement agency
that investigated a criminal incident;
c) upon request of a person arrested or detained pursuant to a
warrantless arrest who executes a waiver of the provisions of
Article 125 of the Revised Penal Code, as amended;
d) by order or upon directive of the court or other competent
authority; or
e) for election offenses, upon the initiative of the Commission on
Elections, or upon written complaint by any citizen, candidate,
registered political party, coalition of registered parties or
organizations under the party-list system or any accredited citizen
arm of the Commission on Elections.[43]
SEC. 8. Complaint. - For purposes of preliminary investigation, the
complaint filed with the prosecutor's office shall, as far as practicable, be
accompanied or covered by an Information Sheet and shall state, among
others -
 a) the full and complete names and exact home, office or postal
addresses of the complainant and his witnesses;
b) The full and complete name and exact home, office or postal
address of the respondent;
c) The offense charged and the place and exact date and time of its
commission; and
d) Whether or not there exists a related case and, if so, the docket
number of said case and the name of the Investigating Prosecutor
thereof.
SEC. 9. Supporting affidavits. - The complaint shall be
accompanied by the affidavits of the complainant and his witnesses, as well
as other supporting proofs or documents, if any. The affidavits shall be sworn
to before a Provincial, City or State Prosecutor, or other government official
authorized to administer oaths or, in their absence or unavailability, a notary
public, who must certify that he personally examined the affiants and that he
is satisfied that they voluntarily executed and understood their
affidavits.[44]
When the preliminary investigation is commenced by referral from or
upon request of the law enforcement agency that investigated the incident,
the affidavits of the complainant and his witnesses to be submitted by the
said agency shall consist of the original or duplicate original or certified
machine copies thereof.
SEC. 10. Number of copies of affidavits. - The complaint and
supporting affidavits shall be in such number of copies as there are
respondents, plus four (4) copies for the court/official file.
Where a complaint charges multiple offenses which cannot be the
subject of one indictment or information, the complainant may be required
to submit such additional copies of the complaint and supporting affidavits
as there are offenses charged in the complaint.
SEC. 11. Barangay certification. - If the offense charged is
punishable by imprisonment not exceeding one (1) year or a fine not
exceeding Five Thousand Pesos (5,000.00) and the parties to the case are all
residents of the same city or municipality, the complaint shall be
accompanied by the certification required under Section 412 (a) of R.A. Act
No.7160, "The Local Government Code of 1991.[45]
SEC. 12. Lack of barangay certification. - The absence of a
barangay certification shall not be a ground for the dismissal of the
complaint. The Investigating Prosecutor shall, however, make the
corresponding referral of the complaint to the proper Lupong
Tagapamayapa for appropriate action pursuant to the provisions of Chapter
7, Book III of R.A. No.7160. In connection therewith, the complainant may
be summoned for the purpose of delivering the referral to the Chairman of
the appropriate barangay and to secure the necessary certification within
thirty (30) days.
 In any of the following cases, the Investigating Prosecutor shall
proceed to take cognizance of the complaint for purposes of preliminary
investigation[46]even if there is no Barangay Certification:
a) where the respondent is under detention; or
b) where the respondent has been deprived of personal liberty calling
for habeas corpus proceedings; or
c) where the case may be barred by the Statute of Limitations.
SEC. 13. Initial/action on the Complaint. - Within ten (10) days
after the filing of the complaint, the Investigating Prosecutor shall either
dismiss the same if he finds no ground to continue with the inquiry, or issue
a subpoena to the respondent, attaching thereto a copy of the complaint
together with the affidavits of witnesses and other supporting
documents. [47]
SEC. 14. Dismissal of complaint. - The following, among others,
shall constitute sufficient basis for the outright dismissal of a complaint:
a) that the offense charged in the complaint was committed outside
the territorial jurisdiction of the Office of the Investigating
Officer;[48]
b) that, at the time of the filing of the complaint, the offense charged
therein had already prescribed;
c) that the complainant is not authorized under the provisions of
pertinent laws to file the complaint;
d) that the acts and/or omissions alleged in the complaint and/or the
supporting affidavits do not sufficiently show that a criminal
offense or violation of a penal law has been committed; or
e) that the complaint and the supporting affidavits are unsigned
and/or have not been duly subscribed and sworn to as prescribed
under the Rules on Criminal Procedure.
SEC. 15. Personal service of documents by investigating
prosecutor. -Whenever circumstances warrant and to prevent the loss of
documents in the course of the service of a subpoena through ordinary
modes, the Investigating Prosecutor may require the respondent or other
parties to appear before him on a designated date, time and place and then
and there personally furnish them with copies of the complaint, supporting
affidavits and other documents.
At the said or any other setting, the respondent shall have the right to
examine all other evidence submitted by the complainant.
Failure on the part of the respondent or his counsel/representative to
appear before the Investigating Prosecutor to obtain copies of the complaint,
supporting affidavits and other documents despite receipt of notice or
subpoena shall be considered a waiver or forfeiture of respondent9s right to
be furnished copies of the complaint, supporting affidavits and other
documents, as well as to examine all other evidence submitted by the
complainant.
 For the purposes specified in the first paragraph hereof, the
Investigating Prosecutor shall not require the appearance before him of the
respondent or other parties who are residing in distant places. In such cases,
the Investigating Prosecutor shall issue and send the subpoena, together
with copies of the complaint, supporting affidavit and other documents, by
registered special delivery mail with return card.
SEC. 16. Service of subpoena in preliminary investigation.
- To expedite the conduct of a preliminary investigation, the following
guidelines shall be observed in the service of subpoenas-
a) Service of subpoena and all papers/documents required to be
attached thereto shall be in personal service by regular process
servers. In their Absence, the cooperation of the Provincial
City/Municipal Station Commanders of the Philippine National
Police (PNP) may be requested for the purpose.
b) Under other circumstances, where personal service cannot be
effected but the respondent cannot be considered as incapable of
being subpoenaed as when he continues to reside at his known
address but the return states that he "has left his residence and his
return is uncertain" or words of similar import, service of
subpoena and its attachments shall be effected by registered mail
with return card at respondent's known home/office address.

On the face of the envelope shall be indicated

i. the name and return address of the sender1 and the
typewritten/printed phrase "First Notice Made on
______________", thus instructing the postmaster/postal
employee of the necessity of informing the sender of the date
the first notice was made on the addressee; and
ii. the typewritten/printed request: "If not claimed within five
(5) days from first notice, please return to sender."
c) Upon receipt of the unclaimed/returned envelope, the
Investigating Prosecutor may then proceed to resolve the
complaint on the basis of the evidence presented by the
complainant.[49]
SEC. 17. Where Respondent cannot be subpoenaed - If a
respondent cannot be subpoenaed, as, for instance, he transferred residence
without leaving any forwarding address, the Investigating Prosecutor shall
base his resolution on the evidence presented by the complainant.
SEC. 18. Counter-Affidavits. - In cases where the respondent is
subpoenaed, he shall within ten (10) days from receipt of the complaint and
other documents, submit his counter-affidavit and other supporting
documents which shall be sworn to and certified as prescribed in the second
sentence of par. 1 of Section 9 this Part, copies of which shall be furnished by
the respondent to the complainant.[50]
 Only a counter-affidavit subscribed and sworn to by the respondent
before the Public Prosecutor can dispute or put at issue the allegations in the
complaint. A memorandum, manifestation or motion to dismiss signed by
the counsel cannot take the place of a counter-affidavit. Thus, a respondent
relying on the manifestation, memorandum or motion to dismiss of his
counsel is deemed to have not controverted complainant's evidence.[51]
However, if such memorandum, manifestation or motion to dismiss is
verified by the respondent himself, the same may be considered a counter-
affidavit.
SEC. 19. Motion for dismissal of bill of particulars. - The filing
of a motion for the dismissal of the complaint or for the submission of a bill
of particulars shall not suspend or interrupt the running of the period for the
submission of counter-affidavits and other supporting documents.
All the grounds for the dismissal of the complaint, as well as objections
to the sufficiency thereof, shall be alleged or incorporated in the counter-
affidavit and shall be resolved by the Investigating Prosecutor jointly on the
merits of the case.
The Investigating Prosecutor may grant a motion to dismiss filed by a
respondent who is yet to file or has not filed his counter-affidavit if the said
motion is verified and satisfactorily establishes, among others:
a) the circumstances specified in sub-paragraphs (a), (b)9 (c) and (d)
and (e) of Section 14 of this Part;
b) the fact that the complaint, or one similar thereto or identical
therewith, has previously been filed with the Office and has been
fully adjudicated upon on the merits after due preliminary
investigation proceedings; or
c) the extinction of respondentts criminal liability by reason of death,
pardon, amnesty, repeal of the law under which prosecution is
sought, or other legal causes.
SEC. 20. Consolidation. - The following cases shall, as far as
practicable, be consolidated for preliminary investigation purposes and
assigned to and jointly heard by one Investigating Officer:
a) charges and counter-charges;
b) cases arising from one and the same incident or transaction or
series of incident or transactions; and
c) cases involving common parties and founded on factual and/or
legal issues of the same or similar character.
SEC. 21. Extension of time. - No motion or request for extension of
time to submit counter-affidavits shall be allowed or granted by the
Investigating Prosecutor except when the interest of justice demands that the
respondent be given reasonable time or sufficient opportunity to:
a) engage the services of counsel to assist him in the preliminary
investigation proceedings;
 b) examine or verify the existence, authenticity or accuracy of
voluminous records, files, accounts or other papers or documents
presented or submitted in support of the complaint; or
c) undertake studies or research on novel, complicated or technical
questions or issues of law and of facts attendant to the case under
investigation.
Extensions of time to submit a counter-affidavit for any of the reasons
stated above shall not exceed ten (10) days. Additional extensions may be
authorized by the Provincial/City Prosecutor concerned.
SEC. 22. Suspension of proceedings.- Upon motion of a party, or
when raised in a counter-affidavit, the Investigating Prosecutor may suspend
the preliminary investigation proceedings if the existence of a prejudicial
question is satisfactorily established.[52]
The existence of a prejudicial question shall, however, not be a ground
for the dismissal of the complaint.
SEC. 23. Concept of prejudicial question.- A prejudicial question
is one the resolution of which is a logical antecedent of the issue involved in
a case and the cognizance of which pertains to another tribunal.[53] It is
based on a fact distinct and separate from the crime charged but so
intimately connected with it that it determines the guilt or innocence of the
accused. To suspend the criminal action, it must not only appear that said
case involves facts intimately related to those upon which the criminal
prosecution would be based but also that in the resolution of the issue or
issues raised in the civil case, the guilt or innocence of the accused would
necessarily be determined.[54]
SEC. 24. Elements of prejudicial question. - The essential
elements of a prejudicial question are:
a) the civil action involves an issue similar or intimately related to the
issue raised in the criminal action;
b) the resolution of such issue determines whether or not the
criminal action may proceed ;[55] and
c) the cognizance of the said issue pertains to another tribunal.[56]
SEC. 25. Issuance of orders of suspension of proceedings. - No
resolution or order suspending the preliminary investigation based on the
existence of a prejudicial question shall be issued by the Investigating
Prosecutor without the written approval of the Provincial/City Prosecutor
concerned or his duly designated assistant.
SEC. 26. Reply-affidavits and rejoinders.- The Investigating
Prosecutor shall not require or allow the filing or submission of reply-
affidavits and/or rejoinders, except where new issues of fact or questions of
law which are material and substantial in nature are raised or invoked in the
counter-affidavit or subsequent pleadings and there exists a need for said
issues or questions to be controverted or rebutted, clarified or explained to
enable the Investigating Prosecutor to arrive at a fair and judicious
resolution of the case. In such a case, the period for the submission of reply
affidavits or rejoinders shall in no case exceed five (5) days unless a longer
period is authorized by the Provincial/City Prosecutor concerned.
SEC. 27. Clarificatory questions. - The Investigating Prosecutor
may set a hearing to propound clarificatory questions to the parties or their
witnesses if he believes that there are matters which need to be inquired into
personally by him. In said hearing, the parties shall be afforded the
opportunity to be present but without the right to examine or cross-examine.
If they so desire, they may submit written questions to the Investigating
Prosecutor who may propound such questions to the parties or witnesses
concerned.[57]
The Investigating Prosecutor shall make a record of the questions
asked and answers given during the clarificatory questioning which shall be
signed by the parties concerned and/or their respective counsel. Said notes
shall form part of the official records of the case. Parties who desire to file a
petition for review of the Investigating Officer's resolution may, at their
option, cite specific portions of the oral testimony by reference to the
transcript of stenographic notes. Said notes shall only be transcribed in cases
of appeal and shall be obtained at the expense of the interested party.
SEC. 28. Submission of case for resolution. - The Investigating
Prosecutor shall case submitted for resolution:
a) when the respondent cannot be subpoenaed or, if subpoenaed,
does not submit his counter-affidavit within the reglementary
period. In such a case, the Investigating Prosecutor shall base his
resolution on the evidence presented by the complainant;[58] or
b) upon submission by the parties of their respective affidavits and
supporting proof or documents, in which event, he shall, upon the
evidence thus adduced, determine whether or not there is
sufficient ground to hold the respondent for trial [59]
SEC. 29. Lack of probable cause. - If the Investigating Prosecutor
does not find sufficient basis for the prosecution of the respondent, he shall
prepare the resolution recommending the dismissal of the complaint.
SEC. 30. Finding of probable cause. - If the Investigating
Prosecutor finds that probable cause exists, he shall prepare the resolution
and the corresponding information or complaint in the appropriate cases.
Where the respondent is a public officer or employee or a member of
the Philippine National Police (PNP), the Investigating Prosecutor shall also
determine whether or not the offense with which he is charged was
committed in relation to his office and, if so committed, such fact should be
alleged in the information to be filed with the Sandiganbayan through the
Ombudsman [60]
SEC. 31. Reopening of investigation.- After a case under
preliminary investigation has been submitted for resolution under the
provisions of the preceding Section but before promulgation of the
resolution, the preliminary investigation may be reopened for the purpose of
receiving new and/or additional evidence upon the prior authorization given
by the Provincial/City Prosecutor concerned or upon motion of the
interested party, Provided, That in the latter case, it shall be subject to the
following conditions:
a) the motion is verified and a copy thereof furnished the opposing
party;
b) the motion is accompanied with the new and/or additional
evidence; and
c) the motion sufficiently and satisfactorily shows valid and
justifiable reason for the failure of the movant to submit the new
and/or additional evidence during the preliminary investigation
proceedings.
SEC. 32. Cases Transmitted by the Municipal Trial Judge.
- Upon receipt of the records of the case from the Municipal Trial Court or
Municipal Circuit Trial Court which conducted the Preliminary
Investigation, the Prosecution Office shall review the case based on the
existing records, without requesting the parties to submit memorandum of
authorities,[61] and may affirm, modify or reverse the finding of the
Municipal Trial Court judge. However, if the interest of justice so requires,
the prosecutor may conduct a full blown reinvestigation giving the parties
the opportunity to submit additional evidence, and thereafter, resolve the
case on the basis of the totality of the evidence thus adduced.
SEC. 33. Memoranda. - The Investigating Prosecutor shall not
require nor allow the filing or submission by the parties of memoranda
unless the case involves difficult or complicated questions of law or of fact.
In any event, the filing of memoranda by the parties shall be done
simultaneously and the period therefore shall not exceed ten (10) days,
unless a longer period is authorized by the Provincial/City Prosecutor
concerned.
SEC. 34. Period for resolving a case. - The Investigating
Prosecutor shall resolve the case within ten (10) days from the time the case
is deemed submitted for resolution,[62] unless otherwise provided herein or
a longer period is authorized by the Provincial/City Prosecutor concerned.
SEC. 35. Form of resolution and number of copies. - The
resolution shall be written in the official language, personally and directly
prepared and signed by the Investigating Prosecutor. It shall be prepared in
as many copies as there are parties, plus three (3) additional copies.
SEC. 36. Contents of the resolution. - A resolution shall contain a
caption and a body.
SEC. 37. Caption of resolution. - The caption of the resolution shall
indicate the:
a) names of all the complainants and all of the respondents;
 b) Case Number, otherwise known as the Investigation Slip Number
or 1.8. No.;
c) the offense charged;
d) the date of the filing of the complaint with the office;
e) the date of the assignment of the case to or receipt of the case
record by the Investigating Officer; and
f) the date the case was submitted for resolution.
SEC. 38. Names of parties. - The complete names of all the
complainants and respondents in the case shall be set out in the caption of
the resolution. It is not proper to use the phrase "et. al." to refer to other
complainants and respondents.
The name of the victim or injured party, not their representative, shall
appear in the caption. In cases referred to the prosecution by the police
where there is no identified victim, as in prohibited drugs cases, the
complainant shall be the police station involved, followed by the name and
designation of the police officer representing the police station. In homicide
or murder cases, the name of the victim or of the complainant shall be in the
caption. The heirs or relatives of the slain victim shall be indicated as "Legal
heirs of deceased (name or person killed)", represented by "(either the
surviving spouse, father or mother)".
In the case of a corporation or judicial entity, its corporate name or
identity shall be indicated and written as follows. " 'X' Corporation,
represented by its (position title), (name of corporate officer)".
SEC. 39. Case number. - The number of a case shall indicate the year
and month; it was filed and its entry number in the log book of the office, e.g.
97 (year)A(month)-024(entry number).
SEC. 40. Designation of offense charged. - For offenses that are
punishable under the Revised Penal Code, the caption shall set forth the
denomination of the offense and the specific article and paragraph of the
statute violated.
Where there is another charge or countercharge in the same case
having one case number or in case of a consolidated resolution involving two
or more criminal cases with two or more docket numbers, the caption shall
also contain said information.
SEC. 41. Contents of body of resolution. - In general, the body of
resolution should contain:
a) a brief summary of the facts of the case;
b) a concise statement of the issues involved; and
c) the findings and recommendations of the Investigating
Prosecutor.
All material details that should be found in the information prepared
by the Investigating Prosecutor shall be stated in the resolution.
 SEC. 42. Parts of a resolution. - As a rule, the body of a resolution
is made up of four parts, namely:
a) Part 1 shall state the nature of the case as disclosed in the evidence
presented by the complainant such as his affidavit-complaint, the
affidavit of witnesses and documentary and physical evidence. The
affidavits shall be numbered in the order of the presentation of the
prosecution witnesses as disclosed in the list of witnesses
appearing in the information. As for the documentary evidence,
they shall be alphabetically marked as they would be marked
during the pre-trial and trial stages of the case.
b) Part 2 shall contain the version of complainant of the incident. The
presentation of the complainant's case should be concise and shall
not be cluttered with details that are not necessary to show the
elements of the offense.
c) Part 3 shall allege the respondent1s version of the incident. This
must also be concise.
d) Part 4 shall contain the discussion, analysis and evaluation by the
prosecutor of the evidence presented by the complainant and the
respondent, without relying on the weakness of the defense of the
respondent. It shall also contain the conclusion of the prosecutor.
The complainant's and respondent's versions of the incident need
not be repeated in this part except to point out excerpts relating to
the existence or absence of the elements of the crime. Citations of
pertinent laws and jurisprudence should support the conclusions
reached. Where numerical values are important, the number shall
be written in words and figures.
SEC. 43. How recommended bail is written. - The bail
recommended in the resolution shall be written in words and figures.
SEC. 44. Recommended bail. - The bail recommended in the
resolution shall be stated in the information, written in words and figures,
and initialed by the investigating prosecutor.
SEC. 45. Parties to be furnished with a copy of the resolution.
- The complete names and addresses of the complainant and the respondent
shall be set out at the end of the resolution after the signature of the
investigating prosecutor and the head of the Prosecutor's Office concerned
under the phrase: "Copy furnished:".
If the parties are represented by counsel and the latter's appearance is
entered formally in the record,[63]the counsel, not the party, shall be given
a copy of the resolution.
SEC. 46. Signature and initials of investigating prosecutor.
- The investigating prosecutor shall sign the resolution and if the resolution
consists of two or more pages, the prosecutor shall initial all of said pages,
excluding the signature page.
 SEC. 47. Records of the case. - The investigating fiscal shall forward
his resolution, together with the complete records of the case, to the
Provincial or City Prosecutor or Chief State Prosecutor concerned within five
(5) days from the date of his resolution.[64]
SEC. 48. Action of the Provincial or City Prosecutor or Chief
State Prosecutor on resolution. - The Provincial or City Prosecutor or
Chief State Prosecutor concerned shall act on all resolutions within ten (10)
days from receipt thereof by either approving or disapproving the resolution
or returning the same to the investigating prosecutor for further appropriate
action.' 'immediately after approving or disapproving the resolution, the
Provincial or City Prosecutor or Chief State Prosecutor concerned shall
transmit a copy of the resolution to the parties.
SEC. 49. Reversal by the Provincial or City Prosecutor or
Chief State Prosecutor of resolution of investigating
prosecutor. - If the Provincial or City Prosecutor or Chief State Prosecutor
reverses the recommendation in the resolution of the investigating
prosecutor, the former may, by himself, file the corresponding information
or direct any other assistant prosecutor or state prosecutor, as the case may
be, to do so without need of conducting another preliminary investigation.
SEC. 50. Approval of pleading by head of prosecution office.
- A pleading prepared by the trial prosecutor, including ex-parte motions,
shall not be filed in court without the prior written approval by the Provincial
or City Prosecutor or Chief State Prosecutor, as the case may be, of said
pleading.
SEC. 51. Motion for reinvestigation, where filed. - Before the
arraignment of the accused, a motion for reinvestigation of the case may be
filed with the City/Provincial Prosecutor, Provided, That when the case has
been appealed to the Regional State Prosecutor or the Department of Justice,
such motion may be filed, respectively, with the said offices. After
arraignment, said motion may only be filed with the judge hearing the case.
SEC. 52. Confidentiality of resolutions. - All resolutions prepared
by an Investigating Prosecutor after preliminary investigation, whether his
recommendation be for the filing or dismissal of the case, shall be held in
strict confidence and shall not be made known to the parties, their counsel
and/or to any unauthorized person until the same shall have been finally
acted upon by the Provincial/City Prosecutor or his duly authorized assistant
and approved for promulgation and release to the parties.
Violation of the foregoing shall subject the Investigating Prosecutor or
the employee of the office concerned to severe disciplinary action.
SEC. 53. Information/Complaint. - The information/complaint
shall be personally and directly prepared by the Investigating Prosecutor or
such other prosecutor designated for the purpose and signed by him or the
complainant, as the case may be. It shall state and contain, in addition to the
requirements of the Rules of Court on the sufficiency of the allegations in an
information or complaint, the following:
a) the full name and aliases, if any, and address of the accused;
b) the age and date of birth of the complainant or the accused, if
eighteen (18) years of age or below;
c) the full names and addresses of the parents, custodian or guardian
of the minor complainant or accused, as the case may be;
d) the place where the accused is actually detained;
e) the full names and addresses of the complainant and witnesses;
f) a detailed description of the recovered items, if any;
g) the full name and address of the evidence custodian; and
h) the bail recommended, if the charge is bailable.
The Investigating Prosecutor shall certify under oath that he or, as
shown by the record, an authorized officer, had personally examined the
complainant and his witnesses; that there is reasonable ground to believe
that a crime has been committed and that the accused is probably guilty
thereof; that the accused was informed of the complaint and of the evidence
submitted against him and that he was given an opportunity to submit
controverting evidence; and that he is filing the complaint or information
with the prior authority and approval of the Provincial/City Prosecutor
concerned.[65]
SEC. 54. Documents to be attached to information/
complaint. - An information/complaint that is filed in court shall, as far as
practicable, be accompanied by a copy of the resolution of the Investigating
Prosecutor, the complainant's affidavit, the sworn statements of the
prosecution's witnesses, the respondent's counter-affidavit and the sworn
statements of his witnesses and such other evidence as may have been taken
into account in arriving at a determination of the existence of probable
cause.[66]
SEC. 55. Promulgation of resolution. - The result of the
preliminary investigation shall be promulgated by furnishing the parties or
their counsel a copy of the resolution by:
a) personal service;
b) registered mail with return card to the complainant, and by
ordinary mail to the respondent, if the resolution is for the
dismissal of the complaint; or
c) registered mail with return card to the respondent, and by
ordinary mail to the complainant, if the resolution is for the
indictment of the respondent.
SEC. 56. Motion for reconsideration. - A motion for
reconsideration may be filed within ten (10) days from receipt of the
resolution. The motion shall be verified, addressed to the Provincial/City
Prosecutor or the Chief State Prosecutor, and accompanied by proof of
service of a copy thereof on the opposing party and must state clearly and
distinctly the grounds relied upon in support of the motion.
 A motion for reconsideration is still part of due process in the
preliminary investigation. The denial thereof is a reversible error as it
constitutes a deprivation of the respondent's right to a full preliminary
investigation preparatory to the filing of the information against
him.[67] The court therefore may not proceed with the arraignment and trial
pending resolution of the motion for reconsideration.
SEC. 57. Inhibition. - A Prosecutor shall inhibit himself from
conducting a preliminary investigation in a case wherein -
a) he or his wife or child is interested as heir, legatee, creditor or
otherwise; or
b) he is related to either affinity or to counsel
c) he has been named counsel to a party within the 6th degree of
consanguinity or within the 4th degree; or executor,
administrator, guardian, trustee or
A motion to disqualify or inhibit the Investigating Prosecutor may be
filed with the City/Provincial or Chief State Prosecutor concerned for just or
valid reasons other than those mentioned above.
SEC. 58. Period to resolve cases under preliminary
investigation. - The following periods shall be observed in the resolution
of cases under preliminary investigation:
a) The preliminary investigation of complaints charging a capital
offense shall be terminated and resolved within ninety (90) days
from the date of assignment to the Investigating Prosecutor.
b) The preliminary investigation of all other complaints involving
crimes cognizable by the Regional Trial Courts shall be terminated
and resolved within sixty (60) days from the date of assignment.
a) In cases of complaints involving crimes cognizable by the
Metropolitan Trial Courts, Municipal Trial Courts and Municipal
Circuit Trial Courts, the preliminary investigation - should the
same be warranted by the circumstances - shall be terminated and
resolved within sixty (60) days from the date of assignment to the
Investigating Prosecutor.
In all instances, the total period (from the date of assignment to the
time of actual resolution) that may be consumed in the conduct of the formal
preliminary investigation shall not exceed the periods prescribed herein.[68]

PART IV. PETITION FOR REVIEW[69]

SEC. 1. Subject of petition for review. - Only resolutions of the

Chief State Prosecutor/Regional State Prosecutor/Provincial or City
Prosecutor dismissing a criminal complaint may be the subject of a Petition
for Review to the Secretary of Justice except as otherwise provided in Section
4 hereof.
 A petition from the resolution of a Provincial/City Prosecutor where
the penalty prescribed for the offense charged does not exceed prision
correccional, regardless of the imposable fine, shall be made to the Regional
State Prosecutor who shall resolve the petitions with finality. Such petitions
shall also be governed by these rules.
The provision of the preceding paragraph on the finality of the
resolution of the Regional State Prosecutor notwithstanding, the Secretary
of Justice may, in the interest of justice and pursuant to his residual authority
of supervision and control over the prosecutors of the Department of Justice,
order the automatic review by his office of the resolution of the Regional
State Prosecutors in the cases appealed to the latter.
SEC. 2. Period to file petition. - The petition must be filed within a
period of fifteen (15) days from receipt of the questioned resolution by the
party or his counsel. The period shall be interrupted only by the filing of a
motion for reconsideration within ten (10) days from receipt of the resolution
and shall continue to run from the time the resolution denying the motion
shall have been received by the movant or his counsel.
SEC. 3. Form and contents. - The petition shall be verified by the
petitioner and shall contain the following:
a) date of receipt of the questioned resolution; date of filing of the
motion for reconsideration; if any; and date of receipt of the
resolution on the motion for reconsideration;
b) names and addresses of the parties;
c) the Investigation Slip Number or I.S. No. and/or criminal case
number and the title of the case;
d) the venue of the preliminary investigation;
e) a clear and concise statement of the facts, the assignment of errors,
and the legal basis of the petition;
f) in case of a finding of probable cause, that petitioner has filed in
court a motion to defer further proceedings; and
g) proof of service of a copy of the petition to the adverse party or his
counsel and the prosecutor either by personal delivery or
registered mail evidenced by the registry receipts and affidavit of
mailing.
The petitioner shall append to his petition copies of the material and
pertinent affidavits/sworn statements (including their translations, if any,
duly certified by the city/provincial prosecutor) and evidence submitted in
the preliminary investigation by both parties and the questioned resolution.
The prosecutor concerned shall immediately inform the Department
or the Regional State Prosecutor of the action of the court on the motion to
defer further proceedings. If the accused is arraigned during the pendency of
the petition, the prosecutor concerned shall likewise immediately inform the
Department or the Regional Stat& Prosecutor of such arraignment.
 SEC. 4. Cases not subject to review; exceptions. - No petition
may be allowed from a resolution of the Chief State Prosecutor/Regional
State Prosecutor/Provincial or City Prosecutor finding probable cause except
upon showing of manifest error or grave abuse of discretion. Either
complainant/offended party or respondent/accused may file a petition.
Notwithstanding the showing of manifest error or grave abuse of discretion
no petition shall be entertained where the accused had already been
arraigned. Once arraigned, the petition shall be dismissed motu proprio by
the Secretary of Justice.
SEC. 5. Answer. - Within a non-extendible period of fifteen (15) days
from receipt of a copy of the petition, the respondent may file a verified
answer indicating therein the date that the copy of the petition was received
with proof of service of the answer to the petitioner. If no answer is filed, the
case shall be resolved on the basis of the petition.
SEC. 6. Withdrawal of petition. - The petition may be withdrawn
at any time before it is finally resolved, in which case the questioned
resolution shall stand.
SEC. 7. Motion for reinvestigation. - At any time after the filing of
the petition and before its resolution, the petitioner may, with leave of court,
file a motion for reinvestigation on the ground that new and material
evidence has been discovered which petitioner could not, with reasonable
diligence, have discovered during the preliminary investigation and which if
produced and admitted would probably change the resolution. The
Department or the Regional State Prosecutor, as the case may be, shall then
issue a resolution directing the reinvestigation of the case, if still legally
feasible. When reinvestigation is granted, it shall take place in the Office of
the Prosecutor from which the petition was taken.
SEC. 8. Disposition of petition. - The Secretary of Justice or the
Regional State Prosecutor may reverse, affirm or modify the questioned
resolution. They may, motu proprio or on motion of the petitioner, dismiss
outright the petition on any of the following grounds:
a) that the offense has prescribed;
b) that there is no showing of any reversible error;
c) that the procedure or requirements herein prescribed have not
been complied with;
d) that the questioned resolution is interlocutory in nature, except
when it suspends the proceedings based on the alleged existence
of a prejudicial question; or
e) that other legal or factual grounds exist to warrant a dismissal.
SEC. 9. Motion for reconsideration. - The aggrieved party may file
a motion for reconsideration within a non-extendible period of ten (10) days
from receipt of the resolution on the petition, furnishing the adverse party or
his counsel and the prosecutor with copies thereof. No second motion for
reconsideration shall be entertained.
 SEC. 10. Effect of filing of petition. - A petition for review, motion
for reconsideration/reinvestigation from a resolution finding probable cause
shall not hold the filing of the information in court.
Pending resolution of the Petition for review, the accused is entitled to
a suspension of the proceedings, to the holding in abeyance of the issuance
of warrant of arrest, and deferment of the arraignment.[70]
PART V. BAIL[71]

SEC. 1. Bail defined. - Bail is the security given for the release of a
person in custody of the law, furnished by him or a bondsman, conditioned
upon his appearance before any court as required under the conditions
hereinafter specified. Bail may be given in the form of corporate surety,
property bond, cash deposit, or recognizance.
SEC. 2. Nature of right to bail. - The right to bail is guaranteed by
the Constitution. It is the duty of the prosecutor to recommend such amount
of bail to the courts of justice as, in his opinion, would ensure the appearance
of an accused person when so required by the court.[72]
SEC. 3. Non-bailable offense. - No person charged with a capital
offense, or an offense punishable by reclusion perpetua or life
imprisonment, when evidence of guilt is strong, shall be admitted to bail
regardless of the stage of the criminal prosecution.
SEC. 4. Criteria in recommending amount of bail. -In
recommending the amount of bail to be granted by the court, the prosecutor
shall take into consideration the following standards and criteria:
a) financial ability of the respondent/accused to post bail;
b) nature and circumstances of the offense;
c) penalty for the offense charged;
d) age, state of health, character and reputation of the
respondent/accused under detention;
e) weight of the evidence against the respondent/accused under
detention;
f) forfeiture of other bonds and pendency of other cases wherein the
respondent/accused under detention is under bond;
g) the fact that respondent/accused under detention was a fugitive
from justice when apprehended; and
h) other factors affecting the probability of the accused appearing at
the trial.[73]
SEC. 5. Burden of proof in bail application. - At the hearing of
an application for admission to bail filed by any person who is in custody for
the commission of an offense punishable by death, reclusion perpetual or
life imprisonment, the prosecution has the burden of showing that evidence
of guilt is strong. The evidence presented during the bail hearings shall be
considered automatically reproduced at the trial, but upon motion of either
party, the court may recall any witness for additional examination unless the
witness is dead, outside of the Philippines or otherwise unable to testify.
SEC. 6. Recognizance. - Whenever allowed pursuant to law or these
Rules, the court may release a person in custody on his own recognizance or
that of a responsible person.
SEC. 7. Bail, when not required; reduced bail or
recognizance. - No bail shall be required when the law or the Rules issued
by the Supreme Court so provide[74].
When a person has been in custody for a period equal to or more than
the possible maximum imprisonment of the offense charged to which he may
be sentenced, he shall be released immediately without prejudice to the
continuation of the trial thereof or the proceedings on appeal. In case the
maximum penalty to which the accused may be sentenced is destierro, he
shall be released after thirty (30) days of preventive imprisonment.
A person in custody for a period equal to or more than the minimum
of the principal penalty prescribed for the offense charged without
application of the Indeterminate Sentence Law or any modifying
circumstance, shall be released on a reduced bail or on his own recognizance,
at the discretion of the court.
SEC. 8. Notice of application for bail to prosecutor. -In an
application for bail, the court shall give reasonable notice of the hearing to
the prosecutor or require him to submit his recommendation.
SEC. 9. Cancellation of bail bond. - Upon application filed with the
court and after due notice to the prosecutor, the bail bond may be canceled
upon surrender of the accused or proof of his death.
The bail bond shall be deemed automatically canceled upon acquittal
of the accused or dismissal of the case or execution of the final judgment of
conviction.
In all instances, the cancellation shall be without prejudice to any
liability on the bond.
SEC. 10. Arrest of accused out on bail. - For the purpose of
surrendering the accused, the bondsmen may arrest him, or on written
authority endorsed on a certified copy of the undertaking may cause him to
be arrested by any police officer or any other person of suitable age and
discretion.
An accused released on bail may be re-arrested without the necessity
of a warrant if he attempts to depart from the Philippines without prior
permission of the court where the case is pending.
SEC. 11. No had after final judgment, exception. - An accused
shall not be allowed bail after the judgment has become final, unless he has
applied for probation before commencing to serve sentence, the penalty and
the offense being within the purview of the Probation Law. In case the
accused has applied for probation, he may be allowed temporary liberty
under his bail bond, but if no bail was filed or the accused is incapable of
filing one, the court may allow his release on recognizance under the custody
of a responsible member of the community. In no case shall bail be allowed
after the accused has commenced to serve sentence.
SEC. 12. Rules in computing the bail to be recommended. - To
achieve uniformity in the amount of bail to be recommended, the following
rules shall be observed:
a) Where the penalty is reclusion perpetua, life
imprisonment, reclusion perpetua to death or death, bail is not a
matter of right; hence, it shall not be recommended.
b) Where bail is a matter of right and the imposable penalty is
imprisonment and/or fine, the bail shall be computed on the basis
of the penalty of imprisonment applying the following rules:
i. where the penalty is reclusion temporal (regardless of period)
to reclusion perpetua, bail shall be computed based on the
maximum of reclusion temporal.
ii. where the imposable penalty is correccional or afflictive, bait
shall be based on the maximum of the penalty, multiplied by
P2,000.00. A fraction of a year shall be rounded-off to one
year.
iii. for crimes covered by the Rules on Summary Procedure and
Republic Act No. 6036, bail is not required except when
respondent/accused is under arrest, in which case, bail shall
be computed in accordance with this guideline.
iv. for crimes of reckless imprudence resulting in homicide
arising from violation of the Land Transportation and Traffic
Code, bail shall be P30,000.00 per deceased person.
v. for violation of Batas Pambansa Blg. 22, bail shall be 50% of
the amount of check but should not be less than P2,000.00
nor more than P30,000.00.
c) Where the imposable penalty is only a fine, bail shall be computed
as follows:
i. fine not exceeding P2,000.00, bail is not required.
ii. fine of more than P2,000.00, bail shall be 50% of the fine but
should not exceed P30,000.00.
iii. in case of reckless imprudence resulting to damage to
property, bail shall be three-eighths (3/8) of the value of the
damage but not exceeding P30,000.00 except when covered
by the Rules on Summary Procedure.
d) Bail based on the maximum penalty, multiplied by P10,000.00,
shall be applied to the following offenses under the following laws:
 i. Republic Act No.6425 (Dangerous Drugs Act), as amended by
RA 7659;
ii. Republic Act No.6539 (Anti-Carnapping Act), as amended by
RA 7659;
iii. Republic Act No.7659 (for other crimes covered by it);
iv. Presidential Decree No. 186 (Illegal Possession of Firearms,
Ammunition or Explosives), as amended by RA 8294;
v. Republic Act No. 1937 (Tariff and Customs Code), as
amended; or
vi. Rebellion, insurrection or Coup d'etat as amended by
Republic Act No.6968.
SEC. 13. Petition for bail in a continuous trial. - In case a
petition for bail is filed by the accused and the court orders a continuous trial
of the case, the public prosecutor shall be prepared with his principal
witnesses. Where there are several accused and one or two filed a petition to
bail, the trial prosecutor shall, before the presentation of his first witness,
manifest in open court that the evidence to be presented in the hearing of the
petition for bail shall be adopted as its evidence-in-chief.

PART VI. ARREST

SEC. 1. Definition of probable cause as a ground for an arrest

or issuance of a warrant of arrest. - Probable cause is such facts and
circumstances which would lead a reasonably discreet and prudent man to
believe that an offense has been committed by the person sought to be
arrested.[75]
SEC. 2. Remedy if no warrant of arrest is issued by the
investigating judge. -If the investigating judge is satisfied that there is
probable cause but did not issue the warrant of arrest contrary to the
prosecutor's belief that there is a need to place the accused under custody,
the speedy and adequate remedy of the prosecutor is to immediately file the
information so that the Regional Trial Court judge may issue the warrant for
the arrest of the accused.[76]
SEC. 3. Request for a copy of the return. - If a warrant of arrest
has been issued, the prosecutor may request the warrant officer that he be
furnished with the officer's return relative thereto. The prosecutor shall, as
far as practicable, coordinate with the witnesses from time to time to
ascertain the whereabouts of the accused pending the latter's arrest.

PART VII. ARRAIGNMENT AND PLEA

SEC. 1. Concept of arraignment. - Arraignment is a mandatory

requirement that seeks to give the accused the opportunity, at the first
instance, to know why the prosecuting arm of government has been
mobilized against him and to plead. At the arraignment, the accused may
enter a plea of guilty or not guilty.
SEC. 2. Duties of trial prosecutor. -
a) Before the arraignment of the accused, the trial prosecutor shall
examine the information vis-a-vis the resolution of the
investigating prosecutor in order to make the necessary
corrections or revisions and to ensure that the information is
sufficient in form and substance.
b) After arraignment, the trial prosecutor shall prepare his witnesses
for trial. Government witnesses, e.g. medico-legal officer, chemist,
forensic experts, examiners etc. should, as much as practicable, be
presented in accordance with the logical and chronological
sequence of the technical aspects to be proved.
SEC. 3. Effect of filing a petition for review. - When an aggrieved
in court that he has a pending petition for review with the Department of
Justice and moves for a deferment of the arraignment pending resolution of
his petition, the Trial Prosecutor may conform thereto once proof of said
petition has been presented by the petitioner to his satisfaction.
SEC. 4. Concept of plea. - The plea is the reply of the accused to the
charge. It raises the issue to be tried and on which the judgment/sentence of
the court can be properly based.

PART VIII. PRE-TRIAL[77]

SEC. 1. Concept of pre-trial. - A pre-trial is a process whereby the

accused and the prosecutors in a criminal case work out, usually at the
arraignment stage, a naturally satisfactory disposition of a case subject to
court approval in order to expedite the trial of the case. [78]
The prosecutor shall enter into a pre-trial only when the accused and
counsel agree and upon order of the court.
SEC. 2. Duties of prosecutor before and after the pre-trial
conference. - Before the pre-trial conference, the prosecutor should know
every fact and detail of the case. This can be accomplished by interviewing
the complainant and other witnesses and after a thorough examination of the
available documentary and other physical evidence. The prosecutor should
place importance in the testimony of the expert witness. The knowledge that
the prosecutor will gain from said witness will help him determine the
procedures undertaken in the examination of a subject or thing; the scientific
or technical terms applied, and the reason/s in arriving at a certain
conclusion.
During the pre-trial process, the prosecutor shall bear in mind that he
has to prove his case beyond a reasonable doubt and that every act or
incident should be proved by the testimony of qualified and competent
witnesses.
After the pre-trial conference, the prosecutor shall ensure that any
agreement or admission made or entered therein is in writing and signed by
the accused and his counsel.
SEC. 3. Subject matters of pre-trial. - The pre-trial conference
shall consider the following:
a) Plea bargaining - This is a process where the defendants usually
plead guilty to a lesser offense or to only one or some of the counts
of a multi-count indictment in return for a lighter sentence than
that for the graver charge[79];
b) Stipulation of facts- This is the agreement of the parties on some
facts admitted, some facts covered by judicial notice (Sec. 1, Rule
129), judicial admissions (Sec. 2 Rule 129), or on matters not
otherwise disputed by them. In cases requiring the presentation of
government witnesses or evidence, the Trial Prosecutor should
exert every effort to secure a waiver by the accused of objections to
the admissibility of certain documentary evidence, e.g., medical or
death certificate, necropsy report, forensic chemistry report,
ballistics report, Philippine Overseas and Employment
Administration (POEA) Certification, and the like, if such evidence
has no relevance whatsoever to the theory of the defense, in order
to dispense with the presentation and testimony in court of
government witnesses. Whenever appropriate or necessary, the
counter-affidavit of the accused submitted luring the preliminary
investigation may be resorted to or availed of to demonstrate or
establish the defense theory;
c) Marking of documentary evidence in advance for identification;
d) Waiver in advance of objections to admissibility of evidence;
e) List of witnesses to be presented which should be qualified by the
following statement: "that other witnesses may be presented in
the course of the trial"; and
f) Such other matters as will promote a fair and expeditious trial.
SEC. 4. Plea of guilty to a lesser offense. - The following rules
shall apply to cases where the accused pleads guilty to a lesser offense:
a) The Trial Prosecutor shall immediately move for the suspension of
the proceedings whenever the accused manifests his intention in
court to plead guilty to a lesser offense. This will enable the Trial
Prosecutor to evaluate the implications of the offer.
b) If the lesser offense to which the accused will plead guilty is not a
capital offense, the Trial Prosecutor may dispense with the
presentation of evidence unless the court directs otherwise.
c) The Trial Prosecutor, with the consent of the offended party,
may motu proprio agree to the offer of the accused to plead guilty
to a lesser offense if the penalty imposable therefor is prision
 correcional (maximum of six [61 years) or less or a fine not
exceeding P12,000.00.
d) When the penalty imposable for the offense charged is prision
mayor (at least six [6] years and one [11 day or higher) or a fine
exceeding 12,000.00, the Trial Prosecutor shall first submit his
comment/recommendation to the City or Provincial Prosecutor or
to the Chief State Prosecutor, as the case may be, for approval. If
the recommendation is approved in writing, the Trial Prosecutor,
may, with the consent of the offended party, agree to a plea of
guilty to a lesser offense. For this purpose, the Chief State
Prosecutor or the Provincial or City Prosecutor concerned shall act
on the recommendation of the Trial Prosecutor within forty-eight
(48) hours from receipt thereof. In no case shall the subject plea
to a lesser offense be allowed without the written approval of the
above respective heads of office.
e) In all cases, the penalty for the lesser offense to which the accused
may be allowed to plead guilty shall not be more than two (2)
degrees lower than the imposable penalty for the crime charged,
notwithstanding the presence of mitigating circumstances. The
lesser offense shall also be one that is necessarily related to the
offense charged or the offense must belong to the same
classification or title under the Revised Penal Code or the relevant
special laws.[80]
However, the plea of guilty to a lesser offense may not be allowed
where it so contravenes law and common sense as to be unconscionable,
thereby resulting in us, where the offense charged is homicide, a plea of guilty
to a lesser offense of frustrated or attempted homicide, may not be allowed,
since the fact of death cannot be reconciled with the plea of guilty to
frustrated or attempted homicide. Homicide necessarily produces death,
while frustrated or attempted homicide does not.[81]
SEC. 5. When accused pleads guilty to a capital offense. - If
the accused pleads guilty to a capital offense, the Trial Prosecutor must
present evidence to prove the guilt of the accused and the precise degree of
his culpability. This is mandatory.

PART IX. TRIAL

SEC. 1. Definition of trial. - A trial is a judicial examination of the

claims at issue in a case which are presented by the prosecution and defense
to enable the court to arrive at a judgment pronouncing either the guilt or
innocence of the accused.2
SEC. 2. Concept of trial. - The object of a trial is to mete out justice,
and to convict the guilty and protect the innocent. Thus, the trial should be a
search for the truth and not a contest over technicalities and must be
conducted under such rules as will protect the innocent.
 SEC. 3. Expeditious prosecution of criminal cases filed with
the courts. -The Trial Prosecutor shall always be prepared to conduct the
prosecution with his witnesses who shall be subpoenaed well in advance of
the scheduled trial dates.4 No postponement of the trial or other proceedings
of a criminal case shall be initiated or caused by the Trial Prosecutor except
in instances where the postponement is occasioned by the absence of
material witnesses or for other causes beyond his control or not attributable
to him.
SEC. 4. Order of presentation of witnesses. -
a) The order in the presentation of witnesses will be left to the
discretion of the Trial Prosecutor. However, the prosecutor should
take into consideration the order of events as established by the
evidence of the prosecution.
b) Witnesses who will testify for the first time shall be afforded the
opportunity to be advised to observe criminal proceedings in court
to help them overcome their anxiety, excitement and tension.
SEC. 5. Preparation of formal offer of exhibits. - The Trial
Prosecutor shall safely keep his documentary and other physical evidence
and prepare a list thereof in the order they have been marked as exhibits,
identifying each by letter or number, describing it briefly, and stating its
specific purpose or purposes.
SEC. 6. Defense evidence. -
a) Before reception of evidence for the defense starts, the Trial
Prosecutor shall ask from the adverse counsel the number of
witnesses he intends to present.
b) If the names of defense witnesses are disclosed the Trial
Prosecutor shall elicit from reliable sources the whereabouts of
these witnesses, their moral character, background, reasons for
testifying and relationship with the accused, among other things,
to enable him to have a clear view of the defense of the accused.
SEC. 7. Discharge of accused to be state witness. -When two or
more persons are jointly charged with the commission of any offense, upon
motion of the prosecution before resting its case, the court may direct one or
more of the accused to be discharged with their consent so that they may be
witnesses for the state provided the court, after hearing, is satisfied that:
a) There is absolute necessity for the testimony of the accused whose
discharge is requested.
b) There is no other direct evidence available for the proper
prosecution of the offense committed, except the testimony of said
accused,6 as when he alone has knowledge of the crime, and not
when his testimony would simply corroborate or otherwise
strengthen the evidence in the hands of the prosecution;7
c) The testimony of said accused can be substantially corroborated in
its material points. This is an indispensable requirement because
 it is a notorious fact in human nature that a culprit, confessing to
a crime, is likely to put the blame on others rather than
himself. Thus, even though a court may get the statement of a
discharged accused that other particular persons were engaged in
the crime, it is unsafe to accept without corroborating evidence,
his statements concerning the relative blame to be attached to
different members of his gang;
d) Said accused does not appear to be the most guilty. The mere fact
that the witness sought to be discharged had pleaded guilty In the
crime charged does not violate the rule that the discharged
defendant must not "appear to be the most guilty”. And even if the
witness should lack some of the qualifications enumerated by Sec.
9, Rule 119, his testimony will not, for that reason alone, be
discarded or disregarded.10 The ground underlying the rule is
not to let a crime that has been committed go unpunished; so an
accused who is not the most guilty is allowed to testify against
the most guilty, in order to achieve the greater purpose of
securing the conviction of the more or most guilty and the greatest
number among the accused permitted to be convicted for the
offense they committed.'' However, although an accused did not
commit any of the stabbing, it is a mistake to discharge him as a
state \witness where he is bound in a conspiracy. All the
perpetrators of the offense bound in conspiracy are equally guilty.
e) Said accused has not at any time been convicted of any offense
involving moral turpitude.
Evidence adduced in support of the discharge shall automatically form
part of the trial. If the court denies the motion for discharge of the accused
as state witness, his sworn statement shall be inadmissible in evidence.
SEC. 8. Witness protection. - An accused who is discharged from an
information or criminal complaint in order that he may be a state witness as
provided in the preceding section may, upon his petition, be admitted to the
Witness Protection Program under R.A. No.6981, "The Witness Protection,
Security and Benefit Act" if he complies with the other requirements of said
Act.
SEC. 9. Other persons who may avail of the Witness
Protection Program. -The following may also avail of the Witness
Protection Program under R.A. No.
6981:
a) Any person who has witnessed or has knowledge of or information
on the commission of a crime and has testified or is testifying or is
about to testify before any judicial or quasi-judicial body, or before
any investigating authority, Provided, that:
i. the offense in which his testimony will be used is a grave
felony as defined under the Revised Penal Code or its
equivalent under special laws;
 ii. his testimony can be substantially corroborated on its
material points;
iii. he or any member of his family within the second civil degree
of consanguinity or affinity is subjected to threats to his life or
bodily injury or there is a likelihood that he will be killed,
forced, intimidated, harassed or corrupted to prevent him
from testifying, or to testify falsely or evasively, because or on
account of his testimony; and
iv. he is not a law enforcement officer, even if he would be
testifying against other law enforcement officers. In such a
case, only the immediate members of his family may avail
themselves of the protection provided for under the Act.
b) Any person who has participated in the commission of a crime and
desires to be a witness for the State, whenever the following
circumstances are present:
i. the offense in which testimony will be used is a grave felony as
defined under the Revised Penal Code or its equivalent under
special laws;
ii. there is absolute necessity for his testimony;
iii. there is no other direct evidence available for the proper
prosecution of the offense committed;
iv. his testimony can be substantially corroborated on its
material points;
v. he does not appear to be the most guilty; and
vi. he has not at any time been convicted of any crime involving
moral turpitude.
SEC. 10. Motions for postponement of accused. -Motions for
postponement that are initiated by the accused should be vigorously opposed
by the Trial Prosecutor and he should make of record his objections thereto,
leaving to the court's discretion the disposition of the subject motions.'3
SEC. 11. Discontinuance of proceedings. - During the
presentation of the prosecution's evidence, the Trial Prosecutor shall not
cause or allow the discontinuance of the proceedings except for other
similarly compelling reasons not attributable to him.14
SEC. 12. Presentation of evidence. - Each party is bound to
complete the presentation of his evidence within the trial dates assigned to
him. After the lapse of said dates, the party is deemed to have completed his
evidence presentation. However, upon verified motion based on serious
reasons, the judge may allow the party additional trial dates in the afternoon;
provided that said extension will not go beyond the three-month limit
computed from the first trial date. '5
Where a Trial Prosecutor, without good cause, secures postponements
of the trial over the objections of a defendant beyond a reasonable period of
time, the accused is entitled to relief by a proceeding in mandamus to
compel a dismissal of the information, or if he be restrained of his liberty, by
habeas corpus to obtain his freedom16.
SEC. 13. Order of trial. - Upon receipt of the notice of trial, the
prosecutor shall review the record of the case for trial and complete his
preparation therefore bearing in mind that trial, once commenced, may
continue from day to day until terminated, and that trial shall proceed in the
following order pursuant to Sec. 3, Rule 119 of the Rules of Criminal
Procedure:
a) The prosecution shall present evidence to prove the charge and, in
the proper case, the civil liability.
b) The accused may present evidence to prove his defense, and
damages, if any, arising from the issuance of any provisional
remedy in the case.
c) The parties may then respectively present rebutting evidence only,
unless the court, in furtherance of justice, permits them to present
additional evidence bearing upon the main issue.
d) Upon admission of the evidence, the case shall be deemed
submitted for decision unless the court directs the parties to argue
orally or to submit memoranda.
e) However, when the accused admits the act or omission charged in
the complaint or information but interposes a lawful defense, the
order of trial may be modified accordingly.
SEC. 14. Presentation of witnesses. - The order in the
presentation of witnesses shall, as far as practicable, conform to he logical
sequence of events obtaining in the case on trial in order to present a clear,
organized and coherent picture to the court of the prosecution's evidence.
For example, in the case of prosecution under the Dangerous Drugs
Law, the Trial Prosecutor should present the forensic chemist who examined
the dangerous drug ahead of the other witnesses in order that the court may
at once have a view of the real evidence (either the prohibited or regulated
drug subject of the case) and so that such evidence may immediately
identified by the other witnesses thus avoiding the recall of witnesses later
on.
The rule of logical sequencing notwithstanding, a witness whose
testimony is vital to the case and whose life is in danger or who may be
sick/injured arid may possibly die, should be made to testify as early as
practicable.
SEC. 15. Examination of witnesses for the prosecution. -Where
it shall satisfactorily appear that the witness for the prosecution is too sick or
infirm to appear at the trial as directed by order of the court, or has to leave
the Philippines with no definite date of returning thereto, he may forthwith
be conditionally examined before the judge or the court where the case is
pending. Such examination in the presence of the accused, or after
reasonable notice to attend the examination has been served on him, will be
conducted in the same manner as an examination at the trial. Failure or
refusal on the part of the accused to attend the examination after notice
herein before provided, shall be considered a waiver. The statement thus
taken may be admitted on behalf of or against the accused.
SEC. 16. Cross-Examination of defense witnesses. The
prosecutor shall endeavor to secure well in advance all available information
about a defense witness in order to prepare for an effective cross-
examination. Where the testimony of a defense witness bears no effect on
the evidence of the prosecution, a cross-examination need not be conducted.
SEC. 17. Rebuttal evidence. - The presentation and nature of
rebuttal evidence will depend on the effect which the defense evidence may
have caused on the prosecution's evidence-in-chief. The recall of a witness
who already testified during the evidence-in-chief presentation merely to
refute what a defense witness may have stated during his defense testimony
is not generally a rebuttal evidence. Where there is nothing to refute, rebuttal
evidence is unnecessary.