Reviewer in

Criminal Procedure
(2000 Rules)
This reviewer is based primarily on the lecture notes of
Prof. Antonio Bautista during his Remedial Law Review class of
2nd semester, academic year 2000-2001. It likewise draws upon
the outline and lecture notes of Prof. Marvic Leonen in his basic
course on Criminal Procedure, Prof. Theodore Te's OLA lecture
on the amendments to the Rules of Criminal Procedure, and the
Summary of Salient Changes prepared by Justice Oscar M.
Herrera.
The reader is strongly advised to use this reviewer with the
2000 Rules on Criminal Procedure, Revised Penal Code and
1987 Constitution in hand.
Special thanks goes out to Jun-Jun Bautista, Donna Dideles,
Lei Malilong, Russel Rodriguez, Mommy Jean Manalili, Joji
Florendo, Dan Adan, and everyone else who helped make
this reviewer a reality.
Any comments or suggestions regarding this reviewer may
be forwarded to tanyalat@yahoo.com or the UP LSG Bar
Operations Committee.

REVISED RULES OF CRIMINAL PROCEDURE (2000)

Table of Contents

I.

INTRODUCTION

II. RIGHTS OF THE ACCUSED

III. POLICE INVESTIGATION
IV. ARREST
Definition
A. When arrest takes place
B. Purpose
Kinds
A. With warrant
B. Without warrant
Arrest with warrant
A. Grounds for issuance of warrant
B. Who may issue
C. Procedure
(1) MTC
(2) RTC
2
3
4

Warrantless arrests
5 A. Grounds
6 B. Who may effect
C. How effected
(1) By peace officer
(2) By private person

Consequences of an unlawful arrest

A.
B.
C.
D.

Modes of attacking the validity

Standing to challenge
Time to challenge
Sanctions

V. SEARCH & SEIZURE

Search Warrant
A.
B.
C.
D.
E.

Scope of Constitutional Restraint

Scope of Protection
Requisites of a Valid Warrant
Grounds for Issuance
Form of Search Warrant

Procedure for Issuance of a Search Warrant

A. Where
B. Examination
How Search is effected
A. Procedure
B. Time
C. Period of Validity
Warrantless Searches
Remedies
VI. PRELIMINARY INVESTIGATION
Purpose
Entitlement As Of Right
Who May Conduct
Procedure:
A. By MTC Judge
B. By Prosecutor / Ombudsman
Remedies For Lack Of / Irregular P.I.
JURISDICTION
VENUE
COMPLAINT AND INFORMATION
Definition of complaint and information
How and where instituted
Who must prosecute
Requisites of a complaint or information

Amendment of complaint or information

Effect of filing on interruption of prescriptive period
Remedies against a defective complaint or information
THE CIVIL ASPECT
BAIL
Definition and purpose
Kinds
Rules for when bail may be availed of
A. When Allowed
(1) Matter of Right
(2) Matter of Discretion
B. When not allowed
C. When not required
Conditions
Entitlement
Application
Posting
Forfeiture
ARRAIGNMENT AND PLEA
Nature and purpose of arraignment
Procedure
Plea
A. Purpose
B. Types
(1)
(2)
(3)
(4)
(5)

Guilty
Not Guilty
Refusal to enter plea
Qualified or Conditional admission
Plea Bargain

Pre-Arraignment Remedies
Effects of Arraignment and Entry of Plea
Availability of Provisional Remedies
QUASHAL
Concept of quashal
Grounds for Motion to Quash
Concept of Double Jeopardy
Effect of Failure to Move to Quash
Remedies for Denial of Motion to Quash
PRE-TRIAL
Purpose and when proper
Subject matter of pre-trial conference
Requisite of pre-trial agreements
Pre-Trial Order
TRIAL
Order of Trial
Rights of the Accused at Trial
A.
B.
C.
D.
E.
F.

Against self-incrimination
Compulsory process
Discovery
Right to Counsel
Presumption of Innocence
Speedy Trial

Discharge of Accused
Provisional Dismissals
JUDGMENT and POST-CONVICTION REMEDIES
Judgment defined

General rules on Judgments

Form and Content
Rules in case of variance between allegation and proof
Promulgation of judgment
Modification of judgment
A. Motion for Reconsideration
B. Motion for New Trial
C. Appeal