CRIMINAL PROCEDURE

Prosecutor Jenifer B. Balleras-Bagay

Professor/Lecturer

In a trial, a Southern small-town

prosecuting attorney called his first
witness, a grandmotherly, elderly
woman to the stand. He approached
her and asked, 'Mrs. Jones, do you
know me?' She responded, 'Why, yes,
I do know you, Mr. Williams. I've known
you since you were a boy, and frankly,
you've been a big disappointment to
me.

You lie, you cheat on your wife, and

you manipulate people and talk about
them behind their backs. You think
you're a big shot when you haven't
the brains to realize you'll never
amount to anything more than a twobit paper pusher. Yes, I know you.

The lawyer was stunned. Not knowing what

else to do, he pointed across the room and
asked, 'Mrs. Jones, do you know the defense
attorney?
She again replied, 'Why yes, I do. I've known
Mr. Bradley since he was a youngster, too. He's
lazy, bigoted, and he has a drinking problem.
He can't build a normal relationship with
anyone, and his law practice is one of the worst
in the entire state. Not to mention he cheated
on his wife with three different women. One of
them was your wife. Yes, I know him.

The defense attorney nearly died.

The judge asked both counselors
to approach the bench and, in a very
quiet voice, said, 'If either of you
idiots asks her if she knows me, I'll
send you both to the electric chair.

Criminal Jurisdiction of Courts

Jurisdiction of MTC/METC/MCTC
Violation of City/Municipal Ordinance
All offenses not exceeding 6 years
irrespective of the amount of fine including
the civil liability
Damage to property through criminal
negligence
Violations of BP 22
Special jurisdiction to decide on application
s for bail in criminal cases in the absence of
all RTC judges in a province or city

SUMMARY PROCEDURE (SC

Resolution, October 15, 1991)
*Violations of traffic
rules/laws/regulations
*Violations of rental law
*Offense charged is imprisonment
not exceeding 6 months, or a fine
not exceeding 1,000 or both
*Offense involving damage to
property where the imposable fine
does not exceed 10,000

Jurisdiction of RTC

All criminal cases not within the

jurisdiction of any court/tribunal/body

(Section 20 BP 129)
Appellate jurisdiction over all cases
decided by MTC
Criminal cases where one of the
accused is below 18 years of age but
not less than 15 years, or where one
or more of the victims is a minor at
the time of the commission of the
offense

Cases against minors cognizable

under the Dangerous Drugs Act

Violations of R.A 7610, the Child
Abuse Act
Cases of Domestic Violence against
women and children
Violations of Intellectual Property
Rights
Money Laundering Cases (R.A 9160)

RULE 110
PROSECUTION OF OFFENSES
*Complaint
*Information
*How commence
*Offenses that require a preliminary
investigation- where the penalty prescribed
by law is at least FOUR (4) years, two (2)
months and one(1) day.
CAN YOU CITE WHAT CASES ARE THESE?

*MTC/MCTC
*MetC (Metropolitan Trial Courts) and
other chartered cities , the complaint
shall be files with
the office of the public prosecutor
unless otherwise provided in their
charters.
*The institution of the criminal action
shall interrupt the running of the
period of
Prescription of the offense charged
unless otherwise provided by the

Cases that cannot be prosecuted

de oficio (that can only be brought
under the instance of the offended
party).
Adultery, concubinage, defamation
Seduction, abduction, defamation and
acts of lasciviousness

What will happen if there is

DESISTANCE by the offended party?

It does not bar the People of the

Philippines from prosecuting the
criminal actions, but it operates as a
waiver of the right to pursue civil
indemnity.

CONTROL OF PROSECUTION
General Rule: All criminal
commenced by a complaintor
information shall be prosecuted
under the DIRECTION
and CONTROL of the prosecutor.

Exception: In case of heavy work

load schedule of the public
prosecutor, the private prosecutor
may be authorized in writing by the
Chief of the Prosecution Office or
the Regional State Prosecutor to
prosecute the case subject to the
approval of the court. However, the
criminal action is still prosecuted
under the direction and control of
the public prosecutor.

EXTENT OF THE PROSECUTORS

CONTROL
PRIOR TO THE FILING OF THE CASE
1. What case to file
2. Whom to prosecute
3. Manner of prosecution
4. Right to withdraw information before
arraignment even without notice and
hearing

AFTER A CASE IS FILED

It is the prosecutors duty to
proceed with the presentation of his
evidence.
The prosecutor can dismiss the
action upon approval of the court.
TRIAL WITHOUT A PROSECUTOR,
effect
The evidence presented by the private
prosecutor at said hearing cannot be

COMPLAINT
-a sworn written statement charging a
person with an
offense, subscribed by the offended party,
any peace
officer or other public officer charged with
the
enforcement of the law violated.
INFORMATION
-an accusation in writing, charging a person
with an offense, subscribed by the
prosecutor and filed with the court.

Republic of the Philippines

REGIONAL TRIAL COURT
Fifth Judicial Region
Branch ____
Tabaco City

PEOPLE OF THE PHILIPPINES,

Plaintiff,

Crim. Case No. _____________

- versus (Docket No. V-08T-INQ-15F-00094)
RESULTING TO HOMICIDE
JUAN DELA CRUZ,
(Real St., Brgy. 3, Malilipot, Albay)
Accused.
x- - - - - - - - - - - - - - - - - - - - -- - - - x

INFORMATION
That on or about 11:33 oclock in the afternoon of May 10, 2015, at
the intersection road of Romano St., and Bordonada St., Brgy. 5,
Municipality of Malilipot, Province of Albay, Philippines, and within
the jurisdiction of this Honorable Court, the above-named accused,
being the driver of Motorized Tricycle Honda Red (drop side) bearing
Plate Number EH-6108, without due regard to traffic rules and
regulations,
did then and there, wilfully, unlawfully, and feloniously, drive , manage
and
operate the same in reckless and imprudent manner; with inexcusable
lack
of precaution to avoid inflicting injuries and/or endanger the lives of
other
persons, thereby hitting the victim, RENE B. BENAVENTE, that resulted
to his
untimely death, to the damage and prejudice of the victim and public
welfare.
ACTS CONTRARY TO LAW.

WITNESSES:

PO3 Jermaine BilaroPNP-MPS, Malilipot, Albay

Andres Rene Volante..Brgy. 5, Malilipot, Albay
Coplan A. Bo.Brgy. 1, Malilipot, Albay
Dr. Jan Christian Aramburo, M.D...BRTTH, Legazpi City
And others

BAIL RECOMMENDED: _______________

ORM AND SUBSTANCE

ufficiency of Complaint or INFORMATION

Complaint of Information is sufficient if it states:
The name of the accused
The designation of the offense given by the statute
The acts or omissions complained of as constituting the offe
The name of the offended party
The approximate date of the commission of the offense; and
The place where the offense was committed. (Sec. 6, Rule 1

VENUE OF CRIMINAL ACTIONS

Place where the action is to be instituted
Criminal Actions shall be instituted and
tried in the court of the municipality or
territory (1) where the offense was
committed; or (2) where any of its
essential ingredients occurred.

VENUE IN CRIMINAL CASES IS

JURISDICTIONAL
The court has no jurisdiction to try an
offense committed
outside of its territorial jurisdiction. It
cannot be waived, or
changed by agreement of the parties,
or by the consent of the
Defendant.

PROSECUTION OF CIVIL ACTION

General Rule:
The civil action for the recovery of civil liabilty
arising from the offense charged is deemed
instituted with the criminal action.
Exception: if the offended party:
1.Waives the civil action;
2.Institutes the civil action prior to the criminal
action; or
3.Reserves the right to institute it separately.

OW PRELIMINARY INVESTIGATION IS CONDUCTED

. FILING OF COMPLAINT
. FILING OF COUNTER-AFFIDAVIT
. CONDUCT OF PRELIMINARY INVESTIGATION
CLARIFICATORY HEARING, IF NECESSARY
. RESOLUTION
Motion for Reconsideration
Appeal
. FILING OF INFORMATION
Within 10 days, a Warrant of Arrest may issue if the judg
warrants probable cause.
. ARRAIGNMENT
. PRE-TRIAL
. TRIAL
. JUDGMENT

PRELIMINARY INVESTIGATION
-is an inquiry or proceeding to determine whether there
is sufficient
ground to engender a well-founded belief that a crime
has been
committed and the respondent is probably guilty
thereof, and
should be held for trial.
Nature: a statutory right, to withhold it is to violate ones
constutional right to due process.
It is also a personal right, which can be waived,
expressly or impliedly.

PURPOSE:
To determine whether or not a crime
has been committed and whether or
not there
is probable cause to believe that the
accused is guilty thereof.

WHO DETERMINE
PROBABLE CAUSE?

CASES NOT REQUIRING A

PRELIMINARY INVESTIGATION
Cases punishable by imprisonment of
less than 4 years, 2 months and 1
day, without regard to a fine, filed with
the prosecutor o or
MTC/MCTC.

What are the cases that

provides an imprisonment of
less than 4 years 2 months and
1 day?

EFFECT AND REMEDIES IF THERE IS NO

P.I.
a. It does not impair the validity of the
information or render it defective;
b. It does not affect the jurisdiction of the
court;
c. It does not constitute as a ground for
quashing the
Information.
c. The trial court, instead of dismissing the
information should hold in abeyance the
proceedings and order the public Prosecutor

Inquest

is an informal and summary

investigation
conducted
by
a
public
prosecutor in a criminal case 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 person should remain
under custody and correspondingly be
charged in court.
The purpose is to determine whether there
is probable cause to hold for trial the person
arrested and detained without a warrant of
arrest. So, it is the determination of whether

INQUEST
No
probabl
e cause
DISMISS
THE
CASE

Accus
ed
wants
P.I and
is
willing
to
waive
Article
125

Warrant
less
Arrest
NOT
valid

There is PC
and arrest
was valid

FILE
INFORMATIO
N
RELEAS
E FOR
REGULA

ARREST
By an actual restraint of a person to be arrested.
By his submission to the custody of the person making
the arrest.
TIME TO MAKE ARREST
On any day and at any time of the day or night.
Caveat: No violence or unnecessary force is needed in
making an arrest.

When is force
necessary?

ARREST WITHOUT WARRANT, WHEN

LAWFUL
GENERAL RULE:
No peace officer or person has the power
or authority to arrest anyone without a
Warrant EXCEPT in those cases expressly
authorized by law. (Umil v. Ramos, 1991)

EXCEPTIONS: RULE 113, Section 5

1.In Flagrante delicto
2.Hot pursuit
3.Entrapment
4.Buy-bust operation
5.Hot-pursuit arrest
6.Arrest of escaped prisoner
7.By the bondsman, for purposes of
surrendering the accused.
8.A person who is released on bail attempted
to leave the country without
permission of the court where the case is
pending

Entrapment
An arrest made after an entrapment does not
require
a warrant inasmuch as it is considered a
valid
warrantless arrest pursuant to Rule 113, Sec.
5(a) of
the Rules of Court. [Teodicio v. CA (2004)]
Buy-bust operation
When the appellant is caught in flagrante as a
result

In his presence means:

[People v. Evaristo (1992)]
He sees the offense, even though at a
distance;
He hears the disturbances created by
the offense and proceeds at once to
the scene; or
Offense is continuing or has been
consummated at the time arrest is
made.

HOT PURSUIT ARREST

When an offense has just been committed and
the
officer or private person has probable cause to
believe, based on PERSONAL KNOWLEDGE of facts or
circumstances, that the person to be arrested has
committed it (Rule 113, Sec. 5(b))
Requisites:
(i) An offense has just been committed; and
(ii) There must be a large measure of immediacy
between the time the offense was committed and the
time of the arrest. If there was an appreciable lapse
of time between the arrest and the commission of
the crime, a warrant of arrest must
be secured [People v. del Rosario (1999); People
v.

(iii) The person making the arrest has

probable cause
to believe, based on personal knowledge of
facts,
that the person to be arrested has committed
it.
Probable cause must be based on personal
knowledge which means an actual belief
or
reasonable grounds of suspicion [Abelita III v.
Doria
(2009)].

Duties of arresting officer without

warrant
The officer shall inform the person to be
arrested of
(1) his authority and (2) the cause of the
arrest. (Rule
113, Sec. 8)
Exceptions:
(a) When the person to be arrested is engaged
in the
commission of the offense;
(b) When he is pursued immediately after
its commission;
(c) When he has escaped, flees or forcibly
resists

BY PRIVATE PERSON (CITIZENS ARREST)

Duties of private person effecting an arrest
(1) The private person shall inform the
person to be
arrested of (1) the intention to arrest him and
(2)
the cause of the arrest. (Rule 113, Sec. 9)
Exceptions: Same as those for arrest by an
officer
without a warrant.
(2) The private person must deliver the
arrested
person to the nearest police station or jail, and
he

ESSENTIAL REQUISITES OF A VALID

WARRANT OF ARREST
(ART. III, SEC. 2, 1987 CONSTITUTION)
Must be issued upon probable cause determined
PERSONALLY by the judge after examination under
oath or affirmation of the complainant and the
witnesses he may produce; and
The warrant must particularly describe the person to
be arrested.
INSTANCES WHEN JUDGE ISSUES WARRANT OF
ARREST
Upon the filing of the information by the public
prosecutor and after personal evaluation by the
judge of the prosecutors resolution and
supporting
evidence. (Rule 112, Sec. 5(a))

BAIL
Bail is the security given for the
release of a person in custody of
the law, furnished by him or a
bondsman, to guarantee his
appearance before any court as
required under conditions
hereinafter specified. [Rule 114,
Sec. 1]

PURPOSES
(1)To relieve an accused from imprisonment
until his conviction and yet secure his
appearance at the trial. [ People v. The
Hon. Donato (2011)]
(2) To honor the presumption of innocence
until his guilt is proven beyond reasonable
doubt [Art. III, Sec. 14, Const]; and
(3)To enable him to prepare his defense
without being subject to punishment prior
to conviction [Cortes v. Judge Catral
(1997)].

AS REGARDS THE REQUIREMENT

OF CUSTODY
General Rule: Custody of the
law is required before the court
can act on an application for bail
[Miranda v. Tuliao (2006)]

WHEN A MATTER OF RIGHT; EXCEPTIONS

BAIL AS A MATTER OF RIGHT
When bail is a matter of right [Rule114, Sec. 4]
(1) Before or after conviction pending appeal by
the MTC.
(2)Before conviction by RTC of all offenses
punishable by penalty lower than reclusion
perpetua.
WHEN BAIL NOT AVAILABLE
When evidence of guilt is strong in capital offenses or
those punishable by death, reclusion perpetua or
life
imprisonment.

WHEN A MATTER OF DISCRETION [RULE 114,

SEC. 5]
(1) Before conviction, in offenses punishable by
death, reclusion perpetua or life imprisonment
and evidence of guilt is not strong
(2) Upon conviction by the RTC of an offense not
punishable by death, reclusion perpetua or life
imprisonment.

WHEN APPLICATION FOR BAIL AFTER

CONVICTION SHALL BE DENIED:
If the penalty imposed by the trial court is
imprisonment exceeding 6 years, the accused shall
be denied bail or his bail shall be cancelled upon
showing by the prosecution, with notice to the
accused, of any of the following:
(1) Recidivism, quasi-recidivism, or habitual
delinquency or commission of a crime aggravated by
reiteration of the accused.
(2) The accused previously escaped from legal
confinement, evaded sentence or violated bail
conditions without valid justification.
(3) Commission of offense while under probation,
parole or conditional pardon by the accused.
(4) Probability of flight.
(5) Undue risk that the accused may commit another

GUIDELINES IN FIXING AMOUNT OF BAIL [RULE

14, SEC. 9]

rimarily, but not limited to, the following factors:

1) Financial ability of the accused
2) Nature and circumstances of the offense
3) Penalty for the offense charged
4) Character and reputation of the accused
5) Age and health of the accused
6) Probability of the accused appearing at the trial
7) Forfeiture of other bail
8) Fact that accused was a fugitive from justice
when arrested
9) Forfeiture of other bail
10) Pendency of other cases where the accused is on
ail.

WHERE THE APPLICATION IS FILED: [SEC. 17, RULE 114;

AS
AMENDED BY AM 05-08-26]

General Rule: The application may be filed with

the
court where the case is pending.
Exceptions:
(a) If the judge of the court where the case is pending is
absent or unavailable, the application may be filed with
any RTC/MTC/MeTC/MCTC judge in the province, city or
municipality.
(b) Where the accused is arrested in a province,
city/municipality other than where the case is
pending, the application may be filed with any RTC
of the said place. If no judge is available, then with
any MeTC/MTC/MCTC judge in the said place. Judge
who accepted the application shall forward it, together
with the order of
release and other supporting papers where the case

FORFEITURE AND CANCELLATION OF BAIL

FORFEITURE OF BAIL [RULE 114, SEC. 21]
If the accused failed to appear in person as required,
bondsmen are given 30 days within which to:
(1) Produce the body of the principal or give reason for
the non-production. Bondsmen may:
(a) Arrest the accused;
(b) Cause him to be arrested by a police officer or any
other person of suitable age or discretion upon written
authority endorsed on a certified copy of the undertaking.
(2) Explain why the accused failed to appear.
(a) If the bondsmen fail to do these, judgment is
rendered against them, jointly and severally, for the
amount of the bail.
(b) Bondsmens liability cannot be mitigated or reduced,
unless the accused has been surrendered or is acquitted.
CANCELLATION OF BAIL [RULE 114, SEC. 22]
Application by bondsmen
Upon application of the bondsmen with due notice
to the prosecutor, bail may be cancelled upon:
(a) surrender of the accused; OR
(b) proof of his death

RIGHTS OF THE ACCUSED (Rule

115)
RIGHTS OF PERSONS UNDER CUSTODIAL
INVESTIGATION [SEC. 2, RA 7438]
Custodial Investigation involves any
questioning
initiated by law enforcement officers after
a person has been taken into custody or
otherwise deprived of his freedom of action in
any significant way. [Aquino v Paiste (2008)]
It shall include the practice of issuing an
invitation
to a person who is investigated in connection

TO BE ASSISTED BY COUNSEL AT ALL

TIMES
Waiver of the right to counsel must be made
with the assistance of counsel. [Art. 3, Sec.
12(1), Constitution]
Specifically in the following instances:
(a) Signing of the written custodial report;
(b) Signing of the written extra-judicial
confession
(2008 Bar) If he cannot afford to have his
own counsel, he must be provided with a
competent and independent counsel by
the investigating officer.Assisting counsel
may be any lawyer, except those: (a) Directly
affected by the case;

Requisites for the validity of an

extrajudicial confession made by a
person arrested, detained or under
custodial investigation:
(1) It shall be in writing and signed by
such person; and
(2) It must be signed in the presence of
his counsel OR, in the latters absence, upon a
valid waiver. In the event of a valid waiver, it
must be signed in the presence of any of the
parents, elder brothers and sisters, his spouse,
the municipal mayor, the municipal judge,
district school supervisor, or priest or minister
of the gospel as chosen by him.

TO REMAIN SILENT
TO BE INFORMED, IN A LANGUAGE KNOWN TO AND
UNDERSTOOD BY HIM, OF HIS RIGHTS TO REMAIN SILENT
AND TO HAVE COMPETENT AND INDEPENDENT COUNSEL,
PREFERABLY OF HIS OWN CHOICE, WHO SHALL AT ALL
TIMES BE ALLOWED TO CONFER PRIVATELY WITH THE
PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL
INVESTIGATION

TO BE ALLOWED VISITS BY OR CONFERENCES WITH:

Any member of his immediate family ("Immediate
family" includes his or her spouse, fianc or fiance,
parent or child, brother or sister, grandparent or
grandchild, uncle or aunt, nephew or niece, and
guardian or ward), or Any medical doctor or Priest or
religious minister, chosen by him or by any member of
his immediate family or by his counsel, or by any
national NGO duly accredited by the Commission on
Human Rights or by any international NGO duly
accredited by the Office of the President.

CONSEQUENCES OF VIOLATION OF
CUSTODIAL RIGHTS
Failure to Inform:
Any arresting public officer or employee,
or any investigating officer, shall suffer a
fine of P6,000.00 or a penalty of
imprisonment of not less than 8 years
but not more than 10 years, or both.
The investigating officer who has been
previously convicted of a similar offense shall
suffer the penalty of perpetual absolute
disqualification.
Obstruction, prevention or prohibition of
right to visits or conferences.
Any person guilty thereof shall suffer the
penalty of imprisonment of not less than

ARRAIGNMENT AND PLEA, HOW

MADE
DEFINITION
The stage where the accused is formally
informed of the charge against him by
reading before him the
information/complaint and asking him
whether he pleads guilty or not guilty.
[Rule 116, Sec. 1(a)]

DUTY OF THE COURT BEFORE ARRAIGNMENT

The court shall [Rule 116, Sec. 6]:
(a) Inform the accused of his right to counsel;
(b) Ask him if he desires to have one; and
(c) Must assign a counsel de officio to defend him; unless the
accused:
(1) Is allowed to defend himself in person; or
(2) Has employed a counsel of his choice.
BEFORE ARRAIGNMENT AND PLEA, THE ACCUSED MAY
AVAIL OF ANY OF THE FOLLOWING:
(1) Bill of particulars to enable him to properly plead and prepare
for trial
(2) Suspension of arraignment upon motion, the proper party may
ask for suspension of arraignment to pursue a petition for review
before the DOJ Secretary under Sec. 11, Rule 116; period of suspension
shall not exceed 60 days from
filing of petition with the reviewing office
(3) Motion to Quash at anytime before entering his plea, the accused
may move to quash the complaint or information on any of the
grounds under Sec. 3, Rule 117 in relation to Sec. 1, Rule 117
(4) Challenge the validity of the arrest or legality of the warrant or
assail the regularity or question the absence of preliminary
investigation of the charge,
PROVIDED that if the accused does not question the legality of the

HOW ARRAIGNMENT IS MADE

(a) In open court where the complaint or information has been filed
or assigned for trial
(b) By the judge or clerk of court
(c) By furnishing the accused with a copy of the complaint or
information
(d) Reading it in a language or dialect known to the accused
(e) Asking the accused whether he pleads guilty or not guilty
SPECIFIC RULES ON ARRAIGNMENT
(a) Trial in absentia may be conducted only after valid
arraignment.
(b) Accused must personally appear during arraignment and
enter his pleal; counsel cannot enter plea for the accused.
(c) Accused is presumed to have been validly arraigned in the
absence of proof to the contrary.
(d) Generally, judgment is void if accused has not been validly
arraigned.
(e) If accused went into trial without being arraigned, subsequent
arraignment will cure the error provided that the accused was
able to present evidence and cross examine the witnesses of the

WHEN SHOULD PLEA OF NOT

GUILTY BE ENTERED
INSTANCES WHEN A PLEA OF NOT GUILTY TO BE
ENTERED FOR THE ACCUSED [RULE 116, SEC. 1(C)]
(a) When the accused so pleaded
(b) When he refuses to plead
(c) When he makes a conditional or qualified plea of
guilt
(d) When the plea is indefinite or ambiguous

(e) When he pleads guilty but

presents exculpatory evidence. If the
accused who pleaded guilty presents
exculpatory evidence, his plea of
guilt is withdrawn. The judge must
order the accused to plead again or at
least direct that a new plea of not
guilty be entered for him, otherwise
there shall be no standing plea for the
accused. This is significant because if
there is no standing plea, the accused
cannot invoke double jeopardy later on.

WHEN ACCUSED MAY ENTER A PLEA OF

GUILTY TO A LESSER OFFENSE [RULE 116,
SEC. 2]
PLEA TO A LESSER OFFENSE DURING
ARRAIGNMENT
At arraignment, the accused, with the consent of
the offended party and prosecutor, may be
allowed by the trial court to plead guilty to a
lesser offense which is necessarily included in the
offense charged.
PLEA TO A LESSER OFFENSE AFTER
ARRAIGNMENT BUT BEFORE TRIAL
After arraignment but before trial, the accused may
still be allowed to plead guilty to said lesser offense
after withdrawing his plea of not guilty. No

UNSOUND MENTAL CONDITION OF THE

ACCUSED AT THE TIME OF THE
ARRAIGNMENT
(1)When the accused can neither
comprehend the
full import of the charge nor can he give
an
intelligent plea.
(2) The court shall order his mental
examination and,
if necessary, his confinement.
(3) The need for suspension may be
determined from

MOTION TO QUASH
Time for Filing: Any time before the
accused enters his plea [Sec. 1, Rule 117]
FORM AND CONTENTS
(a) Must be in writing;
(b) Signed by the accused/his counsel; and
(c) Distinctly specify the factual and
legal grounds. [Sec. 2, Rule 117]
In case of Summary Procedure MTQ is
allowed only if made on the grounds of lack
of jurisdiction or failure to comply with
barangay conciliation proceedings. [Sec.
19, Rules on Summary Procedure]

GROUNDS [RULE 117, SEC. 3]

The following grounds for MTQ are
EXCLUSIVE:
(1) Facts charged do not constitute an
offense
(2) Court trying the case has no
jurisdiction over the offense charged.
(3) Court trying the case has no
jurisdiction over the person of the
accused.
(4) Officer who filed the information
had no authority to do so.

(6) More than one offense is charged

Exception: When a single punishment for
various
offenses is prescribed by law.
(7) Criminal action or liability has been
extinguished.
(8) Averments which, if true, would
constitute a legal excuse or justification.
(9) Accused has been previously
convicted or
acquitted of the offense charged, or the case
against
him was dismissed or otherwise
terminated without his express consent

CONCEPT OF PROVISIONAL
DISMISSAL
Provisional dismissal of the criminal case is allowed
provided it is with the express consent of accused
and notice is sent to the offended party. The
provisional dismissal shall become permanent, as
follows:
a) If the offense is punishable by imprisonment not
exceeding six (6) years or a fine of any amount,
or both, one (1) year after the issuance of the order
of dismissal without the case having been revived;
and
b) If the offense is punishable by imprisonment of
more than six (6) years, two (2) years after the
issuance of the order of dismissal without the case
having been revived.
So the criminal case provisionally dismissed may be

MATTERS TO BE CONSIDERED DURING PRETRIAL

Section 1. Pre-trial; mandatory in criminal cases
Pre-trial is MANDATORY in all criminal cases. Its
main objective is to achieve an expeditious resolution
of the case.
The court shall order pre-trial in ALL criminal cases
cognizable by the Sandiganbayan, RTC and MTC or
MTCC or MCTC or MeTC. [RULE 118, SEC. 1]
General Rule: After arraignment and within 30
days
from the time the court acquires jurisdiction over the
person of the accused. [RULE 118, SEC. 1]

Exception: If a shorter period is provided by special or

SC circulars.
THINGS CONSIDERED DURING PRE-TRIAL /
PURPOSES
[RULE 118, SEC. 1]
(a) Plea bargaining
(b) Stipulation of facts
(c) Marking for identification of evidence
(d) Waiver of objections to admissibility of evidence
(e) Modification of the order of trial if accused admits
the charge but interposes a lawful defense
(reverse trial)
(f) Other matters that will promote a fair and
expeditious trial of the civil and criminal aspects
of the case.

WHAT THE COURT SHOULD DO WHEN

PROSECUTION AND OFFENDED PARTY
AGREE TO THE PLEA OFFERED BY THE
ACCUSEDPLEA BARGAINING
It is the process in criminal process whereby the 1)
accused, 2) offended party, and the 3) prosecution work
out a mutually satisfactory disposition of the case subject to
court approval. [See also DOJ Circular No. 35 (June 31, 1990), as
amended by Circular No. 55 for the guidelines on plea
bargaining as well as note on Rule 116]. It usually involves
the defendants pleading guilty to a lesser offense or to one or
some of the counts of a multi-count indictment in return for a
lighter
sentence than that for the graver charge. [People v.
Mamarion (2003)]
The conviction of the accused of the lesser offense
precludes the filing and prosecution of the offense
originally charged in the information, EXCEPT when the plea of

TRIAL
INSTANCES WHEN PRESENCE OF ACCUSED IS
REQUIRED BY LAWPRESENCE IS MANDATORY:
(a) During trial, for purposes of identification;
(b) At arraignment; [Rule 116, Sec. 1(b)]
(c) At the promulgation of judgment;
Exception: If the conviction is for a
light offense.
[Rule 120, Sec. 6]

TRIAL IN ABSENTIA; Requisites

(1) Accused has been arraigned;
(2) He was duly notified of trial;
(3) His failure to appear is unjustified.
Purpose: To speed up disposition of cases.
General rule: The right to be present at
ones trial may be waived.
Exceptions: At certain stages: [Lavides v. CA
(2000)]
(a) Arraignment and plea
(b) Promulgation of sentence, unless for light
offense
(c) During trial whenever necessary for ID
purposes
Exception to the ID purposes exception: If the

JUDGMENT;

REQUISITES OF A JUDGMENT
(a) Written in official language.If given verbally, it is
incomplete. [People v.
Catolico (1972)]
(b) Personally and directly prepared by the judge.
(c) Signed by the judge. The judge who presided over
the entire trial would be in a better position to
ascertain the truth or falsity of the testimonies. But the
judge who only took over can render a valid
decision by relying on the transcript. It does not violate
dueprocess. [People v. Badon (1999)]
(d) Contains clearly and distinctly a statement of
facts proved and the law upon which judgment is
based.There is sufficient compliance if the decision
summarizes the evidence of both parties,
synthesizes the findings and concisely narrates how
the offense was committed. Failure on the part of the TC
to make a finding of fact is a revocable error.

CONTENTS OF JUDGMENT
CONVICTION [SEC. 2, RULE 119]
The judgment of conviction shall state:
(1) The legal qualification of the offense
constituted by the acts committed by the accused
and the aggravating/mitigating circumstances which
attended its commission.
(2) The participation of the accused in the
offense, whether as principal, accomplice or
accessory after the fact.
(3) The penalty imposed upon the accused.The
penalty should not be imposed in the alternative.
There should be no doubt as to the offense
committed and the penalty for it.
(4) The civil liability or damages caused by his
wrongful act/omission to be recovered from the
accused by the offended party, if there is any,
unless the enforcement of the civil liability by a

When does a judgement

become final?

WHEN DOES JUDGMENT BECOME FINAL

[RULE 120, SEC. 7]
JUDGMENT BECOMES FINAL:
(1) After the lapse of the period for
perfecting an
appeal;
(2) When the sentence has been
partially/totally
satisfied or served;
(3) The accused has expressly waived in
writing his right to appeal,
(4) When the accused applies for
probation, and
thereby waives right to appeal; OR
(5) Judgment also becomes final when

New trial or Reconsideration

GROUNDS FOR NEW TRIAL [RULE 121, SEC. 2]
REQUISITES:
That the evidence: [Jose v. CA (1997)]
(a) Was discovered after the trial;
(b) Could not have been discovered and produced
at
the trial even with the exercise of reasonable
diligence. [US v. Pico (1982)]
(c) Burden of proving this is on the accused.
[US v.
Torrente (1922)]
(d) Is material, not merely
cumulative/corroborative/impeaching; and
(e) Is of such weight that it would probably
change

APPEAL
EFFECT OF AN APPEAL
An appeal in a criminal proceeding throws the whole case open
for review and it becomes the duty of the appellate court to
correct an error as may be found in the appealed judgment,
whether or not it is made the
subject of assignment of errors. [People v. Calayca
(1999)]
WHERE TO APPEAL [RULE 122, SEC. 2]
For cases decided by:
MTC/MCTC/METC-----RTC
RTC--------CA
RTC------if it is government related -----Sandiganbayan
RTC-----if it involves questions of law and fact

HOW APPEAL TAKEN

Note: The right to appeal is not a natural right nor a
part of due process but merely a statutory privilege
and may be exercised only in the manner and in
accordance with the provisions of the law. [Estarija v.
People (2009)]
WHO MAY APPEAL
General Rule: Any party may appeal from a judgment
or final order [Section 1, Rule 122]
Exceptions:
(1) Party may not appeal if the accused will be placed in double jeopardy
by such action [Section 1, Rule 122]
(2) If the judgment is for conviction and the accused fails to appear
without justifiable cause, he would lose the remedy to appeal [Sec. 6,Rule
120]
[Rule 122, Sec. 6 and 9]
WHEN APPEAL TO BE TAKEN
Within 15 days from promulgation of the judgment or from notice of the
final order appealed from.The period to appeal shall be suspended
from the
time a MNT or MR is filed until notice of the order overruling the

SEARCH AND SEIZURE

(Rule 126 Revised Rules on Criminal Procedure)
NATURE OF SEARCH WARRANT
DEFINITION
It is an order in writing; issued in the name of the People of the
Philippines; signed by a judge; and directed to a peace officer,
commanding him to search for personal property described in the
warrant and bring it before the court. (Rule 126, Sec. 1). If it is without
the judges signature: it is fatally defective.
NATURE OF A SEARCH WARRANT
A search warrant (SW) is in the nature of a criminal process akin to a writ
of discovery, employed by the state to procure relevant evidence of a
crime.
[Malaloan v. CA (1994)]. They are not available to individuals in the
course of
civil proceedings.It is interlocutory in character -- it leaves something
more to be done, which is the determination of the
guilt of the accused.

BASIS: CONSTITUTIONAL SAFEGUARD AGAINST

UNREASONABLE SEARCH AND SEIZURES
No search warrant or warrant of arrest shall issue except
upon probable cause to be determined personally by the judge
after the examination under oath/affirmation of the complaint and
the witness he may produce, and particularly describing the place
to
be searched, and the things/persons to be seized.
(Art. III, Sec. 2, 1987 Const.)
Exclusionary rule: Any evidence obtained in violation
of this or the preceding section (Art. III, Sec. 2) shall
be INADMISSIBLE for any purpose in any
proceeding. (Art. III, Sec. 3, Par. 2, 1987 Const.)
This constitutional guarantee is NOT a blanket
prohibition against ALL searches and seizures. It
operates only against unreasonable searches and
seizures.

General rule: Search of property is unreasonable unless it has

been authorized by a valid search warrant.
Exceptions: Valid warrantless searches.
SEARCH WARRANT vs. WARRANT OF ARREST
Where filed (Rule 126, Sec. 2)
Any court within whose territorial jurisdiction the
crime was committed.
Substance of application
Requisites for issuing a search warrant (Rule 126,
Sec. 4)
A Search Warrant shall NOT issue EXCEPT:
(a) Upon probable cause in connection with one specific offense;
(b) To be determined personally by the judge;
(c) After examination under oath or affirmation of the complainant and
the witness he may produce;
(d) Particularly describing the place to be searched
and the things to be seized which may be anywhere in the
Philippines.

VALIDITY OF SEARCH WARRANT (SW)

Period of validity: 10 days from its date.
Thereafter, it
shall be void. (Rule 126, Sec. 10)
Lifetime of SW ends when a return has already
been
made. [Mustang Lumber v. CA (1996)]
Right to break door or window to effect search
The officer, if refused admittance to the place
of
directed search after giving notice of his purpose
and
authority, may break open any outer or inner door
or
window of a house or any part of a house or

Knock and announce principle

Generally, officers executing a search must do the
following acts:
(a) Announce their presence;
(b) Identify themselves to the accused and to the
persons who rightfully have possession of the premises to
be searched;
(c) Show to them the search warrant; and
(d) Explain the warrant in a language or dialect known
and understood by them.When unannounced intrusion is
permissible
(a) Person in the premises refuses to open it upon
demand;
(b) Person in the premises already knew of the identity
and authority of the officers;
(c) When the officers have an honest belief that there is an
imminent danger to life and limb;
(d) When those in the premises, aware of the presence
of someone outside, are then engaged in activities which

Search of house, room, or premise, to be made in

presence of two witnesses
No search of a house, room, or any other premises
shall be made except in the presence of the lawful
occupant thereof or any member of his family or in
the absence of the latter, two witnesses of sufficient age
and discretion residing in the same locality. (Rule 126,
Sec. 8)
Time of making search
Day time, unless the affidavit asserts that the
property is on the person or in the place ordered to be
searched, in which case a direction may be
inserted that it be served at any time of the day
or night. (Rule 126, Sec. 9) A SW violates Rule 126, Sec.
9 if the time for making the search is left blank, thus
enabling the officers to
conduct the search in the evening of the appointed

Delivery of property and inventory thereof

to court
(Rule 126, Sec. 12)
The officer must forthwith deliver the property seized to the
judge who issued the warrant, together with a true inventory
thereof duly verified under oath.10 days after issuance of the
search warrant, the issuing judge shall ascertain if the return
has been made, and if none, shall summon the person to
whom the warrant was issued and require him to explain
why no return was made. If the return has been made, the
judge shall ascertain whether Sec. 11 of Rule 126 has been
complied with and shall require that the property seized be
delivered to him. The judge shall see to it that delivery has been
complied with.The return on the search warrant shall be
filed and kept by the custodian of the log book on search
warrants who shall enter therein the date of the return, the
result, and other actions of the judge.Goods seized remain
under the courts custody and control until the institution of

PERSONAL PROPERTY TO BE SEIZED

WHAT MAY BE SEIZED (RULE 126, SEC. 3)
(a) Personal property subject of the offense.
(b) Personal property stolen/embezzled and other
proceeds/fruits of the offense.
(c) Personal property used or intended to be used as
the means of committing an offense.

In a search incidental to an arrest even WITHOUT a

warrant, the person arrested may be searched for
(Rule 126, Sec. 13)
(1) Dangerous weapons.
(2) Anything which may have been used or constitute
proof in the commission of the offense.

EXCEPTIONS TO SEARCH WARRANT

REQUIREMENT
SEARCH INCIDENTAL TO LAWFUL ARREST
Warrantless searches allowed as an incident of lawful
arrest
A person lawfully arrested may be searched for (1) dangerous
weapons or (2) anything which may have been used or (3) constitute
proof in the commission of an offense without a search warrant.
(Rule 126, Sec. 13)
STOP AND FRISK SITUATION-A limited protective search of outer
clothing for weapons. [Malacat v. CA (1997)]. Where a police officer
observes unusual conduct, which leads him reasonably to conclude in
the light of his experience that criminal activity may be afoot, and
that a person with whom he is dealing may be armed and
presently dangerous, Where in the course of investigating this
behavior he identifies himself as a policeman and makes
reasonable inquiry, and where nothing in the initial stage of the
encounter serves to dispel his reasonable fear for his own or others
safety, he is entitled for the protection of himself and others in the
area to conduct a carefully limited search of outer clothing of such

PLAIN VIEW DOCTRINE (2008 Bar)

Requisites (PIA): [People v. Valdez (1999), People v.
Salanguit (2001)]
(1) A prior valid intrusion i.e., based on the valid warrantless arrest in
which the police are legally present in the pursuit of their official duties;
(2) Evidence was inadvertently discovered by the police who have a
right to be where they are;
(3) Evidence must be immediately apparently illegal(i.e., drug
paraphernalia);
(4) Plain view justified mere seizure of evidence without further search.
Limitations: [People v. Musa (1993)]
(1) It may not be used to launch unbridled searches and indiscriminate
seizures.
(2) Does not extend to a general exploratory search made solely to find
evidence of defendants guilt.The doctrine is usually applied where a police
officer
is not searching for evidence against the accused, but nonetheless
inadvertently comes across an incriminating object. Even if an object is
in plain view, before it can be seized without a SW, its incriminating
nature must first be apparent.Where police officers are on the premises
pursuant to a valid consent to a search, an item falling into their
plain view may properly be seized even if the
item is not connected with their purpose in entering.

SEARCHES CONDUCTED IN CHECKPOINTS [People v. Vinecario

(2004)]
They are valid as long as they are warranted by the exigencies of
public order and conducted in a way least intrusive to motorists.
The vehicle is neither searched nor its occupants subjected to a
body search (i.e. inspection of the vehicle is limited to a visual
search).Routine inspections are not regarded as violative of an
individuals right against unreasonable search:
(a) Where the officer merely draws aside the curtain of a vacant
vehicle which is parked on the public fair grounds;
(b) Officer simply looks into a vehicle;
(c) Officer flashes a light therein without opening cars doors;
(d) Occupants not subjected to a physical search;
(e) Inspection is limited to usual search or inspection; or
(f) Routine check is conducted in a fixed area [People
v. CA (2002)]

SEARCH OF MOVING VEHICLE

Rationale: Peace officers may lawfully conduct searches of
moving vehicles without need of a warrant as it is
impracticable to secure a judicial warrant before searching
a vehicle since it can be quickly moved out of the
locality or jurisdiction in which the warrant may be sought.
[People v. Tuazon (2007)] However, these searches would
be limited to visual inspection and the vehicles or their
occupants cannot be subjected to physical or body
searches, except where there is probable cause to believe
that the occupant is a law offender or the contents of
the vehicles are instruments or proceeds of some criminal
offense.
The search and seizure without warrant of vessel and
aircrafts for violation of customs laws has been a
traditional exception to the requirement of SW.
[Roldan v. Hon. Arca (1975)]

BUY-BUST OPERATION:
No need for SW (or warrant of
arrest) because the accused is caught in flagrante
delicto.
A form of entrapment legally employed by peace
officers as an effective way of apprehending drug
dealers in committing an offense.
Entrapment: Employment of such ways and means
for the purpose of trapping or capturing a
Lawbreaker

EFFECTS OF ILLEGAL SEARCH

(1) Illegally seized evidence may not be admitted
in
evidence in any proceeding. (Art. III, Sec. 2, 1987
Const.)
(2) DISPOSITION OF ILLEGALLY SEIZED PROPERTY
General rule: Goods seized by virtue of an
illegal
warrant must be returned. [Castro v. Pabalan (1976)]
Exception: If possession of the things seized is
prohibited by law, they should not be returned.
However, where the accused obtained goods from
another through payment of bouncing checks and
thereafter sold said goods to a buyer in good
faith, but said goods were taken from the
purchaser with the use of a SW although the criminal
case for estafa against the accused was still

SEARCHES AND SEIZURES

IMPLEMENTATION OF THE SEARCH WARRANT
Group Work
Implement the Search for Dangerous Drugs
Designations:
Team Leader
Suspect
Seizing Officer
Investigator
Arresting Officer
Etc.
Photographer
DOJ or Media Representative
Barangay Officials

NO

MAN CAN BUILD THE EDIFICE OF THE

ENTIRE NATION
WHAT HE IS ASKED TO DO IS TO
CONTRIBUTE ONE FINE
STONE TO BUILD THAT EDIFICE
(building).
-Dr. Jose Rizal

Whatever your hands

find to do, do it with all
your might as if youre
doing it for God.-Word

If you are not part of the

solution, then
You are part of the
problem.Chinkee Tan

THANK YOU!
PREPARED BY:
Prosecutor Jenifer B. Balleras- Bagay
Source: UP Law Bar Review

ASSESSMENT

1. Who has jurisdiction over cases which has less

Than 6 years imprisonment?
2. Who determined probable cause for purposes
Filing the information?
3. What is the difference between search warrant
Warrant of arrest? Give at least 3 distinctions.
4. What are the cases that requires preliniary
Investigation/ falls within the jurisdiction
of the prosecutor?
5. Give the structure of filing cases from the time
Filing complaint until judgment. 7 points.
+2 bonus