Beruflich Dokumente
Kultur Dokumente
SYSTEM
OF
CRIMPROC:
accusatorial/adversary which contending
parties battle it out and the court renders
judgment
LIBERAL INTERPRETATION OF THE
RULES: ROC 6(1) rules are liberally
construed in order to promote their
objective of securing just, speedy and
inexpensive disposition of every action
and proceeding.
although
the
appeal
was
erroneous,
the
appeal
involved
a
possibility of a person deprive of liberty
due to procedural lapses is great, a
relaxation of the rule is warranted.
Where the
RPC) :
on
ii. Forge
or
counterfeit
any
coin/currency
or OBLIGATIONS
AND
SECURITIES
OF
THE
PHILIPPINES;
iii. Liable with acts connected with the
INTRODUCTION
TO
THE
PHILIPPINES of those obligations
and securities mentioned above;
iv. who is a public officer and commits
an OFFENSE IN THE EXERCISE OF
THEIR FUNCTION;
v. who commits a CRIME AGAINST
NATIONAL SECURITY AND LAW OF
THE NATIONS:
(Security) treason,
(Nations) Piracy.
conspircay,
etc;
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PRINCIPLE OF CONTINUING JURISDICTION:
once a court has acquired jurisdiction, that
jurisdiction continues until the court has done all
that it can do in the exercise of that jurisdiction.
1.
3.
JURISDICTION
PERSON ACCUSED
OVER
THE
ii.
a. Jurisdiction
over
the
plaintiff
or
petitioner: This is acquired by the filing of
the
complaint,
petition
or
initiatory
pleading before the court by the plaintiff or
petitioner.
b. Jurisdiction over the defendant or
respondent: This
is
acquired
by
the
voluntary appearance or submission by the
defendant or respondent to the court or by
coercive process issued by the court to him,
generally by the service of summons.
c. Jurisdiction over the subject matter: This
is conferred by law and, unlike jurisdiction
over the parties, cannot be conferred on the
court by the voluntary act or agreement of
the parties.
d. Jurisdiction over the issues of the case:
This is determined and conferred by the
pleadings filed in the case by the parties, or
by their agreement in a pre-trial order or
stipulation, or, at times by their implied
consent as by the failure of a party to
object to evidence on an issue not covered
by the pleadings, as provided in Sec. 5, Rule
10.
e. Jurisdiction over the res (or the property
or thing which is the subject of the
litigation). This is acquired by the actual or
constructive seizure by the court of the
thing in question, thus placing it in custodia
legis, as in attachment or garnishment; or
by provision of law which recognizes in the
court the power to deal with the property or
subject
matter
within
its
territorial
jurisdiction,
as
in
land
registration
proceedings or suits involving civil status or
real property in the Philippines of a nonresident defendant.
A defendant on a case cannot ask for any
relief in a court without submitting itself to its
jurisdiction, the warrant of arrest is deemed
proper.
Commission within
territorial jurisdiction of the court.
(De joya v. Marquez)
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court at any stage of the proceeding or
even on appeal
ER:
Raising lack of jurisdiction
does not apply when the Doctrine
of estoppel by laches applies.
(Tijam v. Sibinghanoy 22 s 29)
EER: estoppel by laches does not lie on
the state because the government is
never estopped by the error and mistake
on the part of its agents.
3. ADHERENCE OF JURISDICTION
ER: when a statute changing
jurisdiction of the court ( RA 7975)
the
A.
3. Offenses
punishable
for
imprisonment
BELOW
6
yrs.
regardless of fines (BP 129, section
32 as amended by RA 7691);
4. Offense involving
damage to
properties (BP 129, section 32 as
amended by RA 7691);
5. That in case only fines are
involved, those only below P
4,000.00 but not limited to
damage on property (BP 129,
section 32 as amended by RA
7691);
JURISDITION OF RTC IN CRIM CASES:
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refers
to
transaction
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10. KNOWINGLY approving or
granting any LICENSE, PERMIT,
PRIVILEGE or BENEFIT to any
person NOT QUALIFIED or its
mere rep or dummy
11.
A.
DIVULGING
confidential
information
acquired on account of official
position
to
UNAUTHORIZED
PERSON
B.
RELEASING
confidential
information in ADVANCE of its
authorize release date
8. FINANCIAL or PECUNIARY
INTEREST in any business,
contract or transaction which
the public officer INTERVENES
or TAKES PART:
QA: in his official capacity; or
QB:
is prohibited by the
Constitution
9. Public officer who is a
member of a board, panel or
group
having
PERSONAL
INTEREST IN ANY TRANSACTION
REQUIRING THEIR APPROVAL
PRESUMPTION
OF
PERSONAL INTEREST: when
a public officer approves
manifestly
unlawful,
inequitable
or
irregular
transactions
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RPC.
203
who
are
public
officers: any person who is a public
officer by
1. Direct provision of law;
2. Popular election;
3. Appointment by competent
authority;
4. Taking part in the PERFORMANCE
OF PUBLIC FUNCTION in the
Government
R: A public officer embraces
every public servant from the
highest to the lowest. (Maniego
v. Pp)
ER: Appointment of as a
LABORER
in
the
government is not a public
officer. (Ibid.)
EER: Nevertheless, still a public
officer
when
there
is
TEMPORARY performance of
Page | 5
II. CITY Mayor, Vice-mayor, Members of
the Sangguniang
Panglungsod, City
Treasurer, Assessor, Engineer and other
Department Heads;
D.
coup detat)
VII.
OMB
prosecutor;
prosecutor
and
special
is
in
ELEMENTS THEREOF:
I.
Intimately
connected
with
the
respective offices of the accused and
was perpetuated while they were in
the performance, through irregular or
improper, of their official functions
II. Accused had NO personal motive to
commit it;
III.
Accused
would
have
not
committed it had they not held their
public office and merely following
the instruction of their superior
officer.
I.
PROVINCIAL
Governor,
Vice-Gov,
Members
of
the
Sangguniang
Panlalawigan,
provincial
Treasurer,
Assessor, Engineer and other Provincial
Department Head;
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charges the
as a co-
Page | 6
principal, accomplice or accessory of a
public officer or employee who has been
charged
with
a
crime
within
its
jurisdiction SDB will have jurisdiction.
(Azarcon v. SDB)
In sum, before the Sandiganbayan
may lawfully try a private individual under PD
1606, the following requisites must be
satisfied: (1) he must be charged with a
public officer/employee, and (2) he must
be tried jointly. (Bondoc v. SDB)
In a situation where the public officer/
employee under the SDB has already been
submitted for decision and the co-principal or
accessory which is a private individual was not
therein included, the SDB cannot be
divested from its jurisdiction even if the
law provides that they must be tried
jointly. Settled is the rule that courts should
not give a statute a meaning that would lead
to absurdities. (Ibid.)
RULE 110
PROSECUTION OF OFFENSE
RULE 110(1) Institution of criminal
actions;
How
to
interrupt
prescriptive period thereof.
(A) For Offenses requiring PI:
pursuant to Rule 112 section 1 hereof, by
R1: Generally offenses requiring PI involves penalty of
imprisonment for MORE THAN 4 yrs 2 mos. (4yrs2mos1day)
1. FILING a complaint
2.
OFFICER
Filed
through
the
PROPER
for offenses
involving penalty of imprisonment for 4 yrs 2 mos. OR
LESS
(c)
In
MANILA
and
OTHER
CHARTERED CITIES, Filing the complaint
with the OFFICE OF THE PROSECUTOR
UNLESS OTHERWISE PROVIDED IN THEIR
CHARTER
R: Filing of the complaint interrupts the
running of the prescriptive period
ER: UNLESSS otherwise provided
by special laws
R: REASON BEHIND THE DISTINCTION:
THE FILING OF THE COMPLAINT IN ORDER TO
TOLL THE RUNNING OF THE PRESCRIPTIVE
PERIOD
REFERS
TO
A
JUDICIAL
PROCEEDING. A JUDICIAL PROCEEDING
CONTEMPLATES
AN
ADVERSARIAL
PROCEEDING.
(NO) The filing of complaint to the
prosecutor
for
purposes
PI
CANNOT
INTERRUPT THE PRESCRIPTIVE PERIOD as this
is not a judicial proceeding. The same rule
applies to summary proceeding. Act 3326
provides that it should be proceeding
instituted against the guilty party thus
referred to judicial proceeding. (Zaldivia Case)
(YES) The court held that the filing of the
complaint directly to the MTC is a judicial
proceeding thus TOLL THE RUNNING OF A
PRESCRIPTION PERIOD. (Zaldivia Case)
(YES) The complaint/information filed
directly to the office of the ombudsman
TOLLS THE RUNNING OF THE PRESCRIPTIVE
PERIOD, thus the latter being at par with the
proper court having judicial proceeding.
(Llenes Case)
(YES)
Still
considered
a
judicial
proceeding when the complaint was filed
directly to MTC but has no jurisdiction and
immediately dismissed the case. (Arambulo
Case)
(YES) SETTLED IS THE RULE THAT
WHAT
CONTROLS
IS
NOT
THE
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RULE 110(2)
information
The
complaint
or
REQUISITES:
1. In writing
2. In the name of the People in the
Philippines
R1: THE DETERMINATION OF WHO TO CHARGE IS
VESTED TO THE PUBLIC PROSECUTOR. The law
makes it his legal duty to file charges againstwhom
evidence may show that a person is responsible for
an offense. Thus it is discretionary on his part
whether evidences justify reasonable belief
that a person committed an offense. (Socrates
Case)
the
are
and
the
a. Offended party
b. Any peace officer
c.
ELEMENTS:
3. It must be subscribed:
a.
b.
unfounded
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(b) Automatic appeal
(Salazar Case)
DUTY OF THE PROSECUTIG OFFICER: After a complaint
and information filed by the prosecutor, the latter file a
motion to dismiss because there is no probable cause, The
prosecutor is duty bound by law to proceed and
prosecute the criminal action in the best of his ability and
let the court decide the merits of the case. (Sta. Rosa
Mining Case)
WHEN
PRIVATE
PROSECUTOR
PROSECUTES UP TO THE END OF
TRIAL:
1. When there is AUTHORIZATION,
Even in the absence of the
public prosecutor; and
2. Said authority NOT revoked or
withdrawn
RULES IN THE INSTITUTION OF
CRIMINAL ACTION IN GENERAL IN
MTC/MCTC
(Q:) WHERE THE PROSECUTOR IS NOT
AVAILABLE, the following may prosecute:
a. Offended Party
b. Any peace officer
c. Public officer charged with the
enforcement of the law violated
RULES IN THE INSTITUTION OF
CRIMINAL ACTION INVOLVING C A S
AA
PRIVATE OFFENSES: refers to an offenses consisting of
either C A S A A including Rape and Defamation involving
AND
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was within the compliance of the Rules of court.
(226s527)
A victim whose a minor assisted by the aunt
is not a defect inasmuch as the minor signed it the
assistance was a superfluity. (384s375)
RULE
110(6)
Sufficiency
complaint or information.
SETTLED IS THE RULE THAT WHAT CONTROLS
IS NOT THE DESIGNATION OF THE OFFENSE
THE
ALLEGATIONS
CONTAINED
IN THE
COMPLAINT OR INFORMATION. There is no
extinction of the offense because the filing of
original complaint [acts of lasciviousness]
although erroneous [should have been unjust
vexation] toll the running of the prescriptive period
of the subsequently amended complaint. (Pp v.
Marvilla)
REMEDY:
OR SLANDER)
LAW
following
Offended party
Parents/guardian
Ascendant/collateral relatives within 3 rd degree
consanguinity
Officer/worker of a licensed child caring
institution
Officer/worker of DSWD
@ least 3 responsible citizens
of
REQUISITE:
1.
3. Acts/commission complained of as
constituting the offense. Provided further in
RULE 110(8)
Generally, where the information
fails to provides the elements/qualification
constituting the crime, there is a presumption
from the allegations that the act was unlawful.
There is no defect when an OFFENSE WAS
GIVEN BY THE STATUE as provided therein
and the ELEMENT/S MAY BE INFERRED
FROM THE ALLEGATION. (Avecilla Case)
However, in CONSPIRACY, it must be
alleged, not just inferred in the information.
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(Quitlong Case) conspired confederated
acting in conspiracy
However, in RECIDIVISM as an
aggravating circumstance, it is necessary to
allege it in the information and to attach
certified true copies of the sentence. (Dacillo
case)
Provided
5.
Approximate
date
of
commission of the offense.
the
Provided
2.
Aver
the
acts/omissions
constituting
the
offense
(CONTROLLING)
ALLEGATIONS OF CONCLUSION OF FACT
NOT ALLOWED: it must state the specific
acts/omission complained of as constituting the
offense. The allegation did try and attempt to
rape is not sufficient and in violation of the right
of the accused to be informed. (Pp v. Dimaano)
ALLEGATIONS OF CONCLUSION OF LAW NOT
ALLOWED: Where the information charges an
alternative charge stating sexual abuse by
raping or committing acts of lasciviousness not
sufficient and in violation of the right of the
accused to be informed. (Pp v. Dela Cruz)
AS TO DATE OF COMMISSION:
R1: information is NOT defective when the
time or place is NOT AN ESSENTIAL ELEMENT
of the crime charged. In Rape case (Pp v.
Lucas)
R2: It becomes defective, when the time or
place is an ESSENTIAL ELEMENT of the crime
charged. In BP 22 case where the time of the
issuance of the check is an essential element
of the crime. (Alonte v. Pp)
Variance in the check control number,
the identity of the check being the first
element in BP22. (Dico v. CA)
3.
Specify
its
qualifying
and
aggravating circumstance. PURSUANT TO
THE RIGHT OF ACCUSED TO BE INFORMED (RULE 115 par. B)
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Qualifying
and
Aggravating
Circumstance must be ALLEGE in the
information
so
that
the
court
will
appreciate it as prescribed by Rule 110 (8)
and (9). In this case, recidivism must be alleged
and certified true copies thereof must be
attached in the information. (Pp v. Sayaboc)
REMEDY; WHEN THERE IS WAIVER
OF THE ACCUSED: Nevertheless, even
if the prosecution failed to allege the
qualifying circumstance, the accused
deemed waived it when IT WAS PROVEN
DURING
TRIAL
WITHOUT
HIS
OBJECTION. (Pp v, Orbita)
NO WAIVER; MORE THAN ONE
COUNT OF OFFENSE IS PROVEN
BUT ONLY ONE COUNT OF OFFENSE
CHARGED IN THE INFORMATION:
The 2 counts of rape, even if proven
and not objected by the accused will
not be appreciated. To do otherwise
would be contrary to public policy of the
rights of the accused to be informed.
(Pp v. Antildo)
OR BODY)
GR:
some
place
within
the
jurisdiction of the court stated
generally
and
understood
in
the
allegation that:
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1.
2.
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3.
1.
2.
(People v. Lucas)
of
the
2.
(Rocabarte Case)
REMEDY:
Motion for BILL OF PARTICULARS
Motion to QUASH INFORMATION on the ground that it
does not conform to prescribed form.
RULE 110(12)
offended party
Name
of
the
Name and
offended party
surname
of
the
b.
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(see Pp v. CFI
d.
e.
Quezon above)
f.
must
g.
RULE 110(14)
substitution
Amendment
b.
c.
or
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one day. Therefore this does not prejudice the
right of the accused as this could not alter
the
nature
of
the
offense
charged.
(Panganiban v. CA)
2. It does NOT
ACCUSED
INFORMATION
REQUISITE:
1. Done with WITH LEAVE OF COURT,
CASES
WHERE
THERE
IS
FORMAL
AMENDMENT AFTER ARRAIGNEMENT:
1. In a libel case, an amendment that it was
printed and first published in Makati where
the court had earlier ruled that it has no
jurisdiction is held to be an amendment in
form, as the amendment merely adds
specification to eliminate vagueness to
the information which does not add new and
material facts. (Banal III V. Panganiban)
THE
WHEN
THERE
IS
SUBSTANTIAL
AMENDMENT: After arraignment, the crime
charged in the original information is
amended which is prejudicial to the
accused:
DISCRETION)
(c) SUBSTITUTION
(Galvez v. CA)
PREJUDICE
new
information
charging
the
proper offense may be filed
PROVIDED there is no Double
Jeopardy
(SUBSTITUTION
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OF
INFORMATION)
P a g e | 15
consent of the accused
otherwise right does not
attach
VI. Second jeopardy must
be for the (a) same
offense of for the (b)
same act.
AMENDMENT
Either formal or
substantial
As to the leave of
court
Can be amended
W/O leave of
court
As to necessity
of another PI
and
Arraignment
As to offense
involved
No need
(Galvez v. CA)
SAME OFFENSE
CHARGED OR
OFFENSE which
necessarily
includes in the
original charge.
SUBSTITUTION
Necessary that its
substantial
change from the
original charge
It must be done
WITH leave of
court because the
original
complaint/informat
ion
must
be
dismissed
There is
necessity
Presuppose that
new information
INVOLVES A
DIFFERENT
OFFENSE
otherwise the
accused can
invoke double
jeopardy because
he has entered his
plea.
offense
was
committed
(LOCAL OFFENSE)
b. Any
the
essential ingredients of
offense
occurred
(TRANSITORY/CONTINUING
OFFENSE)
some acts material and essential to the crime and
requisite to its consummation occurs on one
province and some in another. (Pp v. Grospe)
When an offense is violation of BP 22, the venue
or jurisdiction of offense is to determine where the
essential ingredients occurred. Consequently it could be
either (a) the place of issuance of the check (b) Knowledge on
the part of the maker/drawer on the insufficiency of funds (c)
the place of delivery to the payee, "payee" as contemplated
under the NIL. (Ibid.)
Offense under anti fencing law is not a continuing
offense and the venue must be to the property where it is
found. Fencing and robbery is separate and distinct from
each other as it does not depend towards each other the
consummation of each crime, hence it can proceed on its
own. (Pp v. De Guzman)
In a case of estafa through misappropriation,
any of its elements occurred in a place would suffice to
vest jurisdiction of the court. Thus the demand in Pasay
was recognized by the court as one of the essential
element. In this case a query on the money even if not written
was considered sufficient. (Pp v. Barrameda)
DEFINITION TRANSITORY/CONTINUING CRIME: Is the one
where any of the elements of the offense was committed in
different localities such that the accused may be indicted in
any of those localities.
see Calme v.
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APPLICABILITY:
Civil
action
for
recovery instituted in the criminal
action (ex-delictu) pursuant to RULE
111.This RULE presumes that the offended party did not
waived, reserved or filed a separate civil action ahead of the
criminal institution.
R: An offended party may intervene in the
prosecution of a crime. Sec. 16, CrimProc
110
ER: except in the following instances:
(APPEARANCE OF PRIVATE PROSECUTOR
PROHIBITED) Sec. 1, CrimProc 111
(1) when, from the nature of the crime and
the law defining and punishing it, NO CIVIL
LIABILITY ARISES in favor of a private
offended party; and (see Rule 111, sec. 2 last
par.)
(2) when, from the nature of the offense, the
offended parties are ENTITLED TO CIVIL
INDEMNITY, BUT (in short, opted for a
separate dependent civil action under Rule
111, sec. 1)
(a) they waive the right to institute
a civil action,
(b) expressly reserve the right to
do so or
(c) the suit has already been
instituted.
1.
2.
3.
The
party
must
have
the
legal
rights
A
substantial
interest in the
subject matter of
the action
That such interest
is actual NOT a
mere expectancy,
P a g e | 17
subordinate
or
consequential.
IN THIS CASE, A BENEFICIARY TO THE FUND IS
NOT AN OFFENDED PARTY
BECAUSE THEIR
RIGHTS IS MERELY INCHOATE OR INCIDENTAL.
THEREFORE THEY ARE NOT ALLOWED TO
INTERVENE.
(Ramiscal v. SDB)
The effect of desistance by the
offended party serves as a WAIVER to
pursue civil indemnity ex-delictu and all other
civil action for damages ONLY. (Amaca Case)
Appearance of a private prosecutor per
se is not an implied election that whether the
offended party instituted or not the civil aspect
in the criminal action. The determination that
it is deemed instituted is whether the
offended
party
actually
or
actively
intervene in the criminal proceeding.
(Sarmiento v. CA)
RULE 111
TAKE
NOTE:
determine
whether it is a dependent or
independent civil action for
damage:
A.
ALL
CIVIL
ACTION
ARE
DEPENDENT
EXCEPT
UNLESS
OTHERWISE PROVIDED BY LAW.
This
civil
actions
requires
RESERVATION otherwise it is DEEMED
INSTITUTED in the criminal action.
LIABILITY COVERED HEREIN: EXDELICTU ONLY (which is now fixed at
50k in case of death)
1. SEPARATE CIVIL ACTION FOR
DAMAGES against an accused who
has been ACQUITTED which requires
only preponderance of evidence
Article 29;
2. Separate Civil Action for damages
allowed
even
if
NO
criminal
proceedings has been filed YET which
requires only preponderance of
evidence Article 30;
3. Separate civil Action for damages
of a CRIMINAL OFFENSE THAT DO
NOT HAVE ANY INDEPENDENT CIVIL
ACTION granted by the law which
requires preponderance of evidence
Article 35.
B. INDEPENDENT CIVIL ACTIONS
ARE THE FOLLOWING: These civil
action that do NOT require reservation
and can proceed INDEPENDENTLY of
the criminal action.
WHAT
IF
THE
ACCUSED
DIED
DURING THE PENDENCY OF THE
CASE: RPC, Art. 100 provides that every
person criminally liable for a felony is
also civilly liable
The death of accused BEFORE final
judgment terminates the criminal liability
and
civil
liability
insofar
as
the
crime/delict is concerned. HOWEVER, the
claim for civil liability OTHER THAN THE
CRIME/DELICT survives notwithstanding the
death of accused. A civil action is proper as
against the executor/administrator of the
estate of accused. (Pp v. Bayotas)
IN A NUTSHELL, what is contemplated in
Article 30 is the institution of a separate civil
action that does not draw its life from a
criminal proceeding. FOR THE RULE IS THAT
CIVIL ACTION FOR RECOVERY OF CIVIL
LIABILITY EX DELICTU CANNOT BE TREATED
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AS A SEPARATE CIVIL ACTION UNDER ARTICLE
30 OF THE CIVIL CODE. FOR TO DO SO WOULD
EFFECT THE REOPENING OF THE CRIMINAL
ACTION ALREADY EXTINGUISH. (Albano citing
Pp v. Sendeydiego)
REQUISITE OF
RESERVATION:
1. Before the prosecution
starts
presenting
evidence. Take note that the
court held this instance as one of the
exception w/o need of reservation.
The court held that the
separate
civil
action
instituted
before
the
prosecution starts to present
evidence suffice even if there
has been no reservation by the
offended party.
As the judge was informed
and rendered a decision in the
criminal case not imposing
damages thereof. The purpose
of this rule requiring reservation
is to prevent the offended
party
from
recovering
damages twice for the same
act or omission. (Yakult Case)
2. Under
circumstance
affording the offended
party
reasonable
opportunity to make
the reservation.
IN FACT EVEN IF RESERVED,
THE CIVIL LIABILITY ARISING FROM
EX-DELICTU
REMAINS
IN
THE
CRIMINAL
PROSECUTION.
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limited in determining the guilt of the
accused, and if proper civil liability exdelictu only. (Maccay v. Nobela)
1.
Accused
CANNOT
abovementioned
pleading
criminal case
file
in
1.
the
the
2.
RULE 65(1)
(Casupanan v. Laroya)
from
other
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(A)
EFFECTS
when
a
criminal
action(first filed) was filed AHEAD of the
civil action:
1.
Separate
civil
action
CANNOT BE INSTITUTED UNTIL
there is final judgement in the
criminal action
2. (SUSPENSION) The running of the
prescriptive period of the civil
action is suspended DURING THE
PENDENCY OF CRIMINAL ACTION.
(BARRED)
REQUISITE OF
CONSOLIDATION:
1. Civil action has been filed
separately
2. Trial of the civil action has
not yet commence
3. Application for consolidation
with the court trying the
criminal case
Rule 111, Sec. 1(B) last par.
2.
(Hyatt Case)
An appearance of a private
prosecutor in a criminal action in Estafa
and BP 22 is not prohibited to do otherwise
is to deprived the private complainant the
right to protect his interest in such case.
(Rodriguez Case)
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ACQUITTAL DOES
NOT
PREVENT A
JUDGMENT AGAINST ACCUSED ON THE
CIVIL ASPECT: Criminal action is requires
proof beyond reasonable doubt while civil
action requires preponderance of evidence . x
x x x x x Moreover, the court can declare that
the liability of the accused is only civil x x x x
x. (Salazar v. Pp)
Acquittal of the criminal action is not
res judicata in the subsequent civil action.
(Bonite v. Zosa)
Dismissal of the complaint for
purposes of PI does not carry with it extinction
of the civil action since there is no declaration
of final judgment of the act/omission
complained of. (Bunag Jr., v. CA)
EFFECTS:
1.
Civil
action
PROCEEDS
INDEPENDENTLY of the criminal action;
Independent civil action provided
under RULE 111(3) MAY BE CONSOLIDATED
PROVIDED there is no final judgment criminal
action as prescribed by the rules. (Cojuanco
Jr., v. CA)
2.
Proceeding
requires
PREPONDERANCE OF EVIDENCE
RULE
111(3)
when
there
is
INDEPENDENT CIVIL ACTION; Effects
thereof; Limitation thereof: RATIO
Criminal action is requires proof beyond reasonable doubt
while civil action requires preponderance of evidence
(Bordador v. Luz)
1.
2.
Art. 32
Art. 33
4.
Art. 34
Art. 2176
only
2.
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B.
When
arraignment
death
occurs
BEFORE
EFFECT:
1. Criminal case shall be DISMISSED
2. Offended party may file proper civil
action against the estate of the
accused.
PROCEDURE AGAINST THE ESTATE
OF ACCUSED:
I. The offended party may continue
against:
A. ESTATE; OR
B. LEGAL REPRESENTATIVE after
proper substitution.
WHO
SUBSTITUTE
THE
ACCUSED: HEIRS OF ACCUSED
may be a substitute w/o
appointment of exe/admin.
IN CASE OF MINOR HEIRS,
the court may appoint guardian
ad litem thereof.
II. The court to order appearance or
substitution within 30 days from
notice.
III. Final judgement entered in
favour of the offended party shall be
enforced in a manner especially
provided in the RULES OF COURT
against
the
estate
of
the
deceased.
RULE 111(5) Judgement on civil
action absolving the defendant is
not a bar to criminal action against
the
latter
for
the
same
acts/omission.
RULE
111(6)
Petition
for
Suspension of criminal action by
reason of prejudicial question
APPLICABILTY: A CRIMINAL CASE MAY
BE SUSPENDED to give way for the
determination of a civil case which
involves an issue of a prejudicial
question.
WHERE TO FILE
SUSPENSION:
PETITION
FOR
( as of
Elements
prejudicial question: RATIONALE: To
two conflicting decisions. (Tuanda v. SDB)
GR: In PQ, Criminal action takes precedence over
civil action RULE 111(7)
ER: Still there is PQ even if Civil action was filed
ahead under the following:
1.
2.
3.
4.
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avoid
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(Adiak v. IAC 146 s 505)
WHEN PQ EXIST:
1. The previously instituted CIVIL
ACTION involves an issue similar or
intimately related to the issue raised in
the subsequent CRIMINAL ACTION; Take
not that the amendment contemplates that a civil action is
filed ahead of a criminal action.
R1: Prejudicial question may ONLY BE
SUSPENDED and not dismissed. In addition, it
can only be invoked UPON PETITION and not in
the instance of the judge or investigating
officer. (Yap v. Paras _ PASI v. Lichauco)
R2: Although actions involved are not civil and
criminal action, THE COURT UPON PETITION OF
ANY OF THE PARTY AND IN THE INTEREST OF
GOOD ORDER, suspend action on one case
pending final outcome of another case closely
related or linked to the first. (City of Pasig v.
COMELECE, also Quimbao v. Osorio)
AFFIRMATIVE CASES:
For allegedly giving false testimony in a civil action a
criminal action thereof was thereafter filed while the civil case
was still pending. Thus the criminal action must be
suspended. (Ark Travel v. Presiding Judge)
Civil case Nullity of TCT; Criminal case Squatting;
Issue is ownership. (APA v. Fernandez)
NEGATIVE CASES:
IN BIGAMY CASE, the subsequent action for
declaration of nullity of marriage of the accused is
immaterial and cannot be a ground for PQ because the issue
is not interrelated at all. For bigamy to prosper requires that
the first marriage is subsisting at the time the second
marriage is contracted. (Abunado v. Pp)
IN CONCUBINAGE, the prior petition for
declaration of nullity of marriage is not a ground for PQ.
Parties to the marriage are not permitted to judge for
themselves its nullity. Therefore he who cohabit a woman not
his wife before obtaining a judicial declaration of nullity of
marriage assumes the risk of being prosecuted for
concubinage. (Beltran v. Pp)
CIVIL RELIEFS such as injunction and damages
w/ attachments thereafter estafa case does not involved
PQ because NOTWITHSTANDING THE RESOLUTION OF THE
CIVIL CASE (issues involved WON there was a duly constituted
agent; WON retrun payment and damages is propert) THE
CRIMINAL ACTION CAN STILL PROCEED (estafa thru
falsification may be convicted through conspiracy to falsify
public documents. (Pp v. Consing)
RULE 112
PRELIMINARY INVESTIGATION
RULE 112(1) PI defined; When PI is
required:
Preliminary investigation an inquiry
or proceeding to determine whether
there is sufficient ground to engender
a well founded belief that:
1. Crime has been committed
2. Respondent is probably guilty
thereof and should be held for trial.
PURPOSE: To protect the accused from
the inconvenience, expense, and burden of
defending himself in a formal trial
unless reasonable probability of his guilt
shall have been first ascertained in a
fairly summary proceeding by a
competent officer. (Yusop Case)
PI as a component part of due
process, therefore a STATUTORY AND
SUBSTANTIVE RIGHT accorded to the
accused.
In the absence of PI, the court should hold
in abeyance the proceedings and order
the public prosecutor to conduct PI.
(Villaflor Case)
PI AS AN EXECUTINVE FUNCTION: PI as
an executive function exclusively for
the prosecutor vested with discretion
in the discharge of this function. (Hegerty
Case)
RIGHTS OF ACCUSED DURING PI:
i.
ii.
PI REQUIRED WHEN
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2.
For
offenses
where
penalty
prescribe
by
law
at
least
4yrs2mos&1day w/o regard to fine.
An amendment as to form towards
the information in effect increasing the range
penalty does not necessarily requires a PI
as the amendment is not prejudicial and could
not surprise the accused. As in this case slight
to serious physical injuries. (Villaflor Case)
An accused may avail of the
modes discovery proceedings PROVIDED
there is finding of probable cause because
by itself the latter is subject to life, liberty
and property risk of loss or diminution.
(Webb Case citing Rule 116, Sec. 10)
REQUIREMENT OF PI WHEN THERE IS
SUBSTANTIAL AMENEDEMNT: Before or
After a plea, a substantial amendment in an
information ENTITLES AN ACCUSED TO
ANOTHER
PI.
UNLESS,
the
amended
information contains a charge related to or
included in the original information. (Matalam
v. SDB)
(b) National
Prosecutor
and
Regional
State
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however
is
to
the
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evidence does not establish probable cause.
http://www.lawphil.net/judjuris/juri2014/apr201
4/gr_197293_2014.html
2. In object evidence:
ii.
Reasonable
ground
to
believe that crime was
committed and accused is
probably guilty thereof
I.
COUNTER-AFFIDAVITS
of
himself
and
witnesses
(subscribed and sworn to and
certified)
II. Other supporting documents
relied upon defense
R: Motion to dismiss is NOT
ALLOWED lieu if a counter-affidavit.
RULE
112(4) RESOLUTION
investigating prosecutor and
REVIEW
iv.
Accused
given
an
opportunity
submitting
controverting evidence
3. FORWARD THE RECORD of the
case, within 5 days from
resolution to his SUPERIOR who
may either be:
of
its
R1: Resolution
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1. Recommend dismissal
2. Forward the record of the case,
within 5 days from resolution to his
superior who may either be:
EFFECT:
In
view
thereof,
the
Secretary of justice is the one who
has supervision and control over the
office
of
the
prosecutor.
The
ULTIMATE AUTHORITY who decides
which of the conflicting theories of
the
complainants
and
the
respondents should be believed.
(Community Rural Bank v. Talavera)
the
superior/deputy
may
(a)
himself,
information or
file
the
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filing
of
the
for
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an
offense
As to the purpose
EXECUTIVE
DETERMINATION
OF PROBABLE
CAUSE
JUDICIAL
DETERMINATION
OF PROBABLE
CAUSE
WON
there
is
reasonable ground
to
believe
the
accused is guilty
of
the
offense
charged
and
should be held
for trial.
WON warrant of
arrest should be
issued against the
accused or is there
necessity
for
placing him under
immediate
custody in order
not to frustrate
the ends of justice
(Pp v. CA ibid.)
*** QUASIJUDICIAL
AUTHORITY where
the court has no
jurisdiction to
intervene. G.R.
No. 197293
April 21, 2014
citing People v.
Castillo and Mejia
is
the
filed
EFFECT:
1. Shall SIGN A WAIVER
under RPC art. 125 (arbitrary
detention) with the presence
of counsel
2. Can APPLY FOR BAIL
3. PI to be terminated 15
days
from
inception
thereof
(B) AFTER the
information is filed
complaint
or
inquest proceeding)
RULE
112(6) EFFECTS
when
accused LAWFULLY ARRESTED W/O
WARRANT
involving
an offense
requiring PI: INQUEST PROCEEDING THEREIN
EFFECT:
1. ASK FOR PI within 5 days
after learning of such
filing (NON-EXTINDIBLE Pp v. CA
March 23, 1995)
otherwise
WAIVED
2. RIGHT
TO
ADDUCE
EVIDENCE during PI and
before
arraignment
otherwise WAIVED
1.
(INQUEST
PROCEEDING)
A
COMPLAINT/INFORMATION CAN BE FILED
W/O PI.
REQUISITE: when there is
1. There must be LAWFUL ARREST
W/O WARRANT;
2. The arrest must involve an
OFFENSE REQUIRING PI;
3. A Complaint/information must be
FILED by:
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1. affidavits
and
counteraffidavits of parties and their
witnesses
2. Supporting evidences
3. Resolution of the case (this may be
on the investigating officer and his superior)
REQUISITE OF PRODUCTION
THEREOF:
a. NECESSARY OR INCIDENTAL to the
resolution of the case; OR
b. INTRODUCED AS EVIDENCE by the
requesting party
RULE 112(8) Procedure for criminal
action NOT requiring a PI NOR
covered by the Rule on summary
procedure
APPLICATION:
Cases
where
the
mposable penalty is within 6mos and
1day TO 4yrs. and 2mos. (Otherwise PI is
required and Rule 112. Sec 3 referring to the Procedure in
the PI governs)
MIDTERM
RULE 113 ARREST
RULE 113(1) Definition of arrest the
taking of person into custody
Purpose: In order that he may be bound
to answer for the commission of an
offense
A Commissioner of immigration to issue a
valid arrest on aliens deported requires a final
order of deportation otherwise the arrest
is void.(Dela Rosa Case)
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STEPS:
3.
(Albior Case)
IN
IN
FLAGRANTE
DE
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police
conducting
investigation. (Gerente Case)
EMPHISIS
ON
"ARRESTING
OFFICER'S
PERSONAL KNOWLEDGE"; WARRANTLESS
ARRES WHEN INVALID: : Relied solely on
witness who did not actually saw the killing
and made unlawful search of the house
then arrest. Their knowledge of facts and
circumstances from which they inferred that
accused was guilty was based entirely on what
they have been told by others. (Pp v. Cubcubin)
in short it should not be based on reliable
information alone.
EMPHISIS
ON
"LARGE
MEASURE
OF
IMMIDIACY" in freshly committed crime;
between the time the offense was committed
and the time of arrest, provided further that the
arresting officer have personal knowledge of the
crime committed.
i. INVALID. 19 hours after the offense.
(Manlulu Case)
ii. INVALID. 1 day after the crime (Del
Rosario Case)
II.
Base
on
personal
knowledge of facts/circumstance
that a person to be arrested has
committed it
CASES where there is personal
knowledge
in
freshly
committed
warrantless
arrest:
[presupposes
a
continuous pursuit and uninterrupted actual
investigation of the crime freshly committed]
i. Police were already investigating
the offense committed 12 hours
earlier that a certain pajero were
gunned down. Informant tipped the
pajeros whereabouts. The police
went there and saw the pajero with
the accused having possession of the
key thereof. (Pp v. Sinoc)
ii.
3
hours
after
investigation
witnesses of the killing PROVIDED
THE IDENTITY of the culprit to the
the
ESCAPEE from:
(a) Penal establishment
(b) Temporary confinement
while case pending
(c) Being transferred from one
confinement to another
WHO EXECUTE: (a) Police officer (b)
Peace officer (c) private person
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officer
announce
is
his
refused
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(a)
On
the
ground
of
LACK
OF
JURISDICTION; hence NO bail and motion to
quash involved:
1.
2.
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3. Cash Deposit
4. Recognizance
RULE 114(2) Conditions of the Bail;
Requirements
1. The UNDERTAKING shall be
2.
OBLIGATION OF ACCUSED: to
appear before the court when required
by the court or ROC
INSTANCES WHEN PRESENCE OF ACCUSED
REQUIRED:
3.
4.
1.
2.
BE RELEASED OR TRANSFERRED
upon (a) Court order or (b) when
admitted to bail
particularly
strong
A. A
Recidivist,
habitual
delinquent, reiteration
B. An
Escapee
from
legal
confinement
C. On Probation, parole/ conditional
pardon while committing an
offense
D. Indicated to be a PRObability of
flight
E. Having Undue risk to commit
another
offense
during
pendency of appeal
REQUISITES:
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F. A
Recidivist,
habitual
delinquent, reiteration
G. An
Escapee
from
legal
confinement
H. On Probation, parole/ conditional
pardon while committing an
offense
I. Indicated to be a PRObability of
flight
J. Having Undue risk to commit
another
offense
during
pendency of appeal
EFFECT OF DISCRETIONARY BAIL
WHILE ACCUSED FILED A NOTICE OF
APPEAL
1. The application for bail can only be
filed and resolve by the APPELLATE
COURT PROVIDED the conviction of
the RTC change the nature of
offense
FROM
non-bailable
TO
bailable
ER: Application for bail may be
acted upon the RTC provided the
original record has not yet been
transmitted to the appellate
court
EFFECT WHEN RTC
GRANTS DISCRETIONARY
BAIL: with notice to adverse
parties, Appellate court to
REVIEW RESOLUTION OF
BAIL by the RTC (a) Moto
Propio (b) By motion of any
party
2. IF GRANTED
COURT:
BY
APPELLATE
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whether
Principal factor
Principal factor
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refers to an
obligation of record, entered into before a court with the
condition to do some particular act, being the appearance of
the accused on trial.
2.
3.
4.
(Jovellanos Case)
RULE
114(16)
Bail
when
not
required: When he has been in custody
for a period
1. EQUAL TO or MORE THAN the possible
maximum imprisonment prescribed for
the offense charge
2. Sentence for destierro after 30 days
of preventive imprisonment
EFFECT OF 1 & 2: accused shall
be released without prejudice to
the continuation of trial.
3. EQUAL TO or MORE THAN the possible
maximum imprisonment prescribed for
the offense charge
EFFECT OF 3: accused shall be
released on reduced bail OR
recognizance at the discretion of
the court.
OTHER INSTANCE FOR EXEMPTION OF BAIL:
1.
2.
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3.
(Martinez Case)
2. Require prosecutor to
recommendation thereof.
of
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REQ:
1. Filed by the bonds man
2. Due notice to the prosecutor
3. Grounds either by (a) SURRENDER
OF THE ACCUSED (b) or PROOF OF
HIS DEATH
The accused being arrested and
detained by another crime is not surrender as
contemplated by the rules. Hence, upon
failure to produce the accused as required the
bondsman will be liable. nevertheless the
bond is subject to fine and cost. (Esteban v.
Alhambra; Pp v. Caparas)
Trial
in
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release
on
No
inconsistencies
exist
between
an
application for bail and a motion to quash. These
relied have different objectives not contradictory to
each other. (Serapio v. SDB)
EQUIPOISE
RULE
APPLICABLE
IN
CRIMINAL CASE: refers to the evidence at
issue whereby there is doubt on which side the
evidence preponderates, the party having the
burden of proof loses.
In view thereof, when an inculpatory facts and
circumstances are capable of two or more
explanation, one is the innocence and other is
guilt of the accused, the prosecution will lose
its case. (Dado v. Pp)
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to
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AS TO MODES/MANNER OF COMMISSION;
ALLEGATIONS
OF
CONCLUSION
OF
FACT
NOT
ALLOWED: it must state the
SPECIFIC ACTS/OMISSION complained
of as constituting the offense. The
allegation did try and attempt to
rape is not sufficient and in violation
of the right of the accused to be
informed. (Pp v. Dimaano)
ER: nevertheless,
APPEARANCE IS
NECESSARY:
ALLEGATIONS
OF
CONCLUSION
OF
LAW
NOT
ALLOWED: Where the information
charges an alternative charge stating
sexual
abuse
by
raping
or
committing acts of lasciviousness
not sufficient and in violation of the
right of the accused to be informed.
(Pp v. Dela Cruz)
THERE IS NO COMPLEX
CRIME
IN
A
SEPARATE
INFORMATION
CHARGING
A
DIFFERENT OFFENSE: although
tried jointly and arose out of one
incident. Otherwise it constitutes a
grave violation of the right of accused
to be informed. (Pp v. Legazpi)
i. Specifically ORDERD
by the court for
purposes of
identification;
Non-appearance herein is not a
cause for arrest when the accused
UNQAULIFIEDLY ADMITS IN OPEN COURT
AFTER ARRAIGNMENT that he is the person
named as defendant in the case on trial.
(Carredo v. Pp)
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ii. During
ARRAIGNMENT;
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iii. During
PROMULGATION OF
JUDGMENT
PROMULGATION IN ABSENTIA: The
contention that she was not notified even if
there is prior notice of change of address is
bereft of merit. Where the whereabouts of
the accused are unknown, the RECORDING
OF JUDGMENT IN THE CRIMINAL DOCKET
SATISFIES THE REQUIREMENT OF NOTIFYING
the accused of the decision wherever he
may be. (Pascau v. CA in contrast with
Parada v. Veneracion involves TRIAL in
Absentia)
REQUISITES UNDER THE BILL
RIGHTS
FOR A
VALID TRIAL
ABSENTIA:
OF
IN
Right to TESTIFY
Right
to
to secure the
opportunity to cross-examine (2) allow the judge to observe
deportment and appearance of witness while testifying. (Pp v.
Ortiz)
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the failure of his previous counsel. (Pp v.
Ortillas)
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II.
III.
1. Case raffled;
2. Records of the case transmitted to
judge;
3. ARRAIGN 10 DAYS FROM RAFFLE;
4. PRE-TRIAL CONFERENCE 10 DAYS
FROM ARRAIGNMENT.
(Par. F) PROCEDURE FOR OFFENDED
PARTY: Private offended party REQUIRED
TO APPEAR at the arraignment for
purposes:
1. Plea bargaining
Consent in plea bargaining presupposes both
prosecutor and offended party otherwise right
against double jeopardy does not attach (RULE
117 sec.7)
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(plea
bargaining)
THE
FOLLOWING
SHALL
BE
EXCLUDED IN COMPUTING THE 30
DAYS:
1. Time of pendency of (a) motion to
quash (b) bill of particulars
2. Other cause justifying suspension
of arraignment
Indefinite
suspension
valid
when
proceeding is held in abeyance until decision for
petition for review of the SOJ questioning the
resolution of the prosecutor as provided under
RULE 116 (11) but limited not to exceed 60 days.
(How Case)
REQ:
1. Plea made (a) DURING arraignment or
(b) AFTER arraignment but BEFORE trial,
or (c) after the prosecution had rest;
(At pre-trial)We held that the rules allow such
A PLEA ONLY WHEN THE PROSECUTION DOES
NOT HAVE SUFFICIENT EVIDENCE TO ESTABLISH
THE GUILT OF THE CRIME CHARGED. In his
concurring opinion in People v. Parohinog (G.R.
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RULE
116(5)
Withdrawal
of
improvident (meaning without foresight) plea
of guilty: at ANY TIME BEFORE
JUDGEMENT of conviction becomes final
EFFECT: plea of guilty SUBSTITUTED by
plea of NOT guilty
(there
must be a waiver made voluntarily, knowingly and
intelligently)
(court grant
P a g e | 48
order
the
COPYING or PHOTOGRAPHING:
i.
ii.
sion
of
thereof:
arraignment;
Grounds
RULE
116(10)
Production
or
inspection of material evidence in
possession of prosecution:
COURT
RESOLUTION:
prosecution
GROUNDS:
PURPOSE:
To
PREVENT
suppression or alteration
2. It should constitute
MATERIAL
EVIDENCE involved in the case;
3. It should be UNDER CONTROL AND
POSSESSION (a) prosecution (b) Police
(c) Law investigating agencies
B. Existence of PQ
C. Petition for review for resolution of the
prosecutor pending at DOJ or office of the
President BUT limited not to exceed 60
days from filing
The pendency of resolution of the DOJ
for a long time of 1 year is not a bar for the
court to continue criminal proceeding.
P: The judge can issue warrant of arrest
immediately PROVIDED finding probable
cause after personal evaluation of evidence.
(RULE 112 sec.6)
The court is not bound to adopt the
resolution of the DOJ because of its mandate
to independently evaluate or assess the
merits of the case. The courts duty and
jurisdiction to determine prima face case.
Indeed the principle of separation of powers.
(Odilao Case)
Premature motion to dismiss the case
is not allowed especially when the resolution
of the DOJ is not yet a final judgement.
(Marcelo Case)
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and
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VALID
FACTUAL
ALLEGATIONS
DUE
TO
PRESCRIPTION. (Garcia v.
CA)
complaint or information.
REASON FOR THIS RULE AND ALL IN
SECTIONS RELATION HEREOF : Pursuant
to due process of law [Rights of the accused
to be informed] the accused must be
enabled to intelligently prepare for his
defense for the latter is presumed innocent
until proven otherwise. (Pp v. Arbios; Pp v.
Bali-balita)
REMEDY:
1. Motion for BILL OF PARTICULARS;
2. Motion to QUASH INFORMATION on the
ground that it does not conform to
prescribed form.
REQUISITE:
1.
(a) The name of the
accused
(b) When committed by
more than one person, all of
their
names
shall
be
stated. Provided further in RULE 110(7)
2. Designation of the offense
given by the statute. Provided further in
RULE 110(8)
The statement of the details
of the crime need not be provided in the
complaint or information for the same will
be shown upon judicial proceeding. What
is required is that the charge be set
forth
with
particularity
as
will
reasonable indicate the exact offense
alleged and enable that accused to
intelligently prepare his defense.
(Arbios Case)
JURISDICTION
OVER THE
OFFENSE
(SUBJECT
MATTER)
As
basis
As to
effect of
defect
and
waiver
to
3. Acts/commission complained
of as constituting the offense.
Provided further in RULE 110(8)
Generally,
where
the
information fails to provides the
elements/qualification
constituting
the crime, there is a presumption from
the allegations that the act was unlawful.
There is no defect when an OFFENSE
WAS GIVEN BY THE STATUE as
provided therein and the ELEMENT/S
MAY
BE
INFERRED
FROM
THE
ALLEGATION. (Avecilla Case)
However, in CONSPIRACY, it
must be alleged, not just inferred in the
information.
(Quitlong
Case)
conspired confederated acting in
conspiracy
However,
in
LIBEL/DEFAMATION, the defamatory
words verbatim must be set out in the
information but a defect on this regard
may be cured by presentation of
evidence. Failure to object waived the
right to raise the defect of the
information. (Vasquez Case)
However, in RECIDIVISM as
an aggravating circumstance, it is
necessary to allege it in the information
and to attach certified true copies of the
sentence. (Dacillo case)
JURISDICTIO
N OVER THE
PERSON
Conferred by
Constitution or
Law
By virtue of
arrest or
voluntary
submission
Entire proceeding
Void, cannot be
waived
No effect if
the accused
failed to
challenge it
4.
The
officer
who
filed
information had no authority
the
5. Approximate date of
commission of the offense.
the
Provided
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CANNOT BE ASCERTAIN:
3. Accused describe under a
fictitious name
4. And
accompanying
statement that true name is
unknown
R3: If the NAME IS THEREAFTER
DISCLOSED OR APPEARS in some
other manner such true name shall
be
inserted
in
the
complaint/information and record.
The belated contention of erroneous
designation of the accused name is
WAIVABLE. It cannot be raised first time
on appeal. (Pp v. Cagadas)
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A. Information
or
complaint
is
defective and can be cured by
amendment; or
B. The Facts charge allege in the
information or complaint do not
constitute an offense
fails
to
make
RULE
new
to
without
prejudice to refilling)
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REQUISITES OF DJ (Dela Banda) insofar as
complaint/information is concerned:
1. First jeopardy must have attached prior
to the second:
(i)
There
is
a
valid
complaint/information
(ii) It is filed in a competent court
(iii) Accused has been arraigned and
pleaded (referring to the first
jeopardy, see Pp v.Pineda)
2. First jeopardy must have been validly
terminated.
THERE
IS
NO
VALID
TERMINATION, among others, when there is
EXPRESS CONSENT of the accused such as a
Motion to quash sustained by the court.
(Dimayacyac v. CA)
3. Second jeopardy must be for the (a)
same offense of for the (b) same act.
PROVISIONAL
REQ:
1.
(a)
The prosecution,
with the
express confomity of the accused or the
prosecution or
a
provisional
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RULE 118
PRE-TRIAL
RULE 118(1) PRE-TRIAL MANDATORY
in Criminal case; When ordered;
Subject matter thereof:
WHEN COURT ORDERS PRE-TRIAL:
after arraignment and within 30 DAYS
from the date the court acquires
jurisdiction over the person of the
accused.
ACQUIRED THROUGH the accused
must be in custody of the law
A. Warrant or warrantless Arrest
B. Voluntary appearance established
at arraignment
C. Filing of bail essential that the
accused submit himself to the custody
of the law
R: Filing of motion or affirmative
relief
ER: affirmative relief
expressly
constituted as a special
appearance in court to
question
the jurisdiction of the court.
(Miranda v.Tuliao)
2. Stipulation of facts;
This is to expedite trial by dispensing with the
presentation of evidence admitted by the
accused. This procedure has long been
recognized and constitutes JUDICIAL ADMISSIONS,
hence binding upon parties. (Pp v. Hernandez)
EFFECT OF NON-COMPLIANCE: It
cannot be used against the accused.
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RULE
118(3)
Effect
of
nonappearance at pre-trial conference:
Court imposed proper sanctions and
penalties provided there is no offer of
acceptable excuse.
The presence of complainant, witnesses and
accused is not required in the pre-trial conference
unless directed by the court under RA 8493. (Pp v.
Tac-an)
FINALS
unavailability
of
RULE 119
TRIAL
(New provisions by virtue of AC no. 38-98 Speedy
trial Act)
6. Prejudicial question
PERIODS
TO
VI. Accused joined for trial with coaccused (a) whom the court has not
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court
acquires
jurisdiction
over the
person
Pre-trial
RULE
119
(4)
FACTORS
FOR
GRANTING CONTINUANCE (EITHER OF
THE AFFIRMATIVE TEST)
A.
whether
continuation
proceeding is impossible
of
such
Trial
Arraignme
nt
WHEN IT
MUST BE
HELD OR
CONDUCTE
D
Within 30
days from
the date the
PERTINENT
PROVISIONS
RULE 116,
SEC. 1(G)
after
arraignmen
t and within
30
DAYS
from
the
date
the
court
acquires
jurisdiction
over
the
person
of
the
accused.
R: within 30
days from
receipt of
pre-trial
order
EXTENDED
PERIOD:
within 80
days from
arraignmen
t
RULE 119,
SEC. 1
RULE 119,
SEC. 6
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(Buyser Case)
TIME LIMIT:
(refer to table)
WAIVED - Riano)
(Sacay Case)
R: reverse trial, among others, presupposes that the
accused claimed self-defense. There is no reverse
trial when accused rebutted that the victim shot
himself accidentally.
(Gutierrez Case)
RULE
119
(12)
APPLICATION
CONDITIONAL
EXAMINATION
OF
DEFENSE WITNESS FOR BEFORE
TRIAL (DEPOSITION TAKING) conditional
examination of witness in behalf of the
accuse
REQ: The accused
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Thus,
show:
that
the
witness
movant
1. The evidence
MATERIAL;
the
must
is
really
2. He is NOT GUILTY OF
NEGLECT
in
previously
obtaining the production of
such evidence;
3. Evidence will be AVAILABLE
AT THE TIME DESIRED;
4. NO SIMILAR EVIDENCE could
be obtained. (Pp v. Chua)
Referring to
the motion of conditional examination and NOT THE ISSUANCE
OF SUBPOENA since the prosecution has ample opportunity to
examine it once presented in court. (Adorio v. Bersamin)
R:
The
deposition
must
be
MATERIALLY
INDEPENDENT AND NOT CORROBORATIVE. (Jaylo
Case)
OF
OF
EFFECT:
1. Court order directing a witness to
be examined at a specific time,
place and date
2. Copy of the order served towards
the prosecution 3 day thereof
DEPOSITION OFFICER: successively
REQ:
1. Statement under oath of material
witness and the latter will not
testify when required
2. Motion filed by a proper party
REMEDY:
1. Order witness to post bail
2. Commit to prison, if refuse to give
bail thereof UNTIL compliance of
bail or discharge of testimony
RULE
119
(15)
CONDITIONAL
EXAMINATION OF WITNESS FOR THE
PROSECUTION (DEPOSITION)
Fact of witness (GROUNDS)
a. TOO sick or infirm to
appear at trial as directed
by the court
b. Leaving the Philippines
with no definite date of
returning
1. Judge
2. If not practicable, member of the
bar designated thereof
3. Inferior court to be designated in
the order
Requisite before trial can
be suspended on account
of absence of witness
RULE
115
(PAR.
G.)
(RIGHT TO COMPULSORY
PROCESS) issued to secure
attendance of witnesses
and production of evidence
in his behalf.
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As
deposition
officer
Grounds
to
CONDITIONAL
EXAMINATION
OF WITNESS
FOR THE
DEFENSE
DEPOSITION
OFFICER:
successively
1. Judge
2. If not
practicable,
member of the
bar designated
thereof
3.
Inferior
court to be
designated in
the order
CONDITIONAL
EXAMINATION
OF WITNESS
FOR THE
PROSECUTION
DEPOSITION
OFFICER:
Judge only
A. Upon
reasonable
ground there is
inability to
attend trial
due to
sickness or
infirmities
B. Resides 100
klm from place
of trial and no
means
to
attend
the
same
C.
Other
similar
circumstance
that make him
unavailable or
prevented
from attending
A. TOO sick or
infirm
to
appear at trial
as directed by
the court
B. Leaving the
Philippines
with
no
definite date of
returning
by
TO
BE
TRIAL
FOR
P a g e | 60
EFFECTS:
statement
(Galvez Case)
OF
THE
MADE
CHARGING
THE
OFFENSE AND WHERE THERE
DISCHAGED OF STATE WITNESS.
MISTAKE
PROPER
HAS
BEEN
th
unlike RULE
119 involves consolidation of 2 or more
cases
consolidation of criminal and civil case
As to requisite of consolidation
RULE 111 requires civil case originally files separately from
REQ:
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KINDS:
a. When DENIED:
1. accused deemed to have
waived his right to
present evidence. It is
PROCEDURE:
1. Motion of leave of court to file
demurrer:
2. court
will
render
judgment based on the
evidence of prosecution
3. order not reviewable
by appeal or certiorari.
reopening as a
reception of additional evidence is based
on the paramount interest of justice
resting entirely on the sound discretion of
As
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to
grounds,
P a g e | 62
the court
Act
providing
transportation and other allowance
for indigents
4. RA
6035
Act
requiring
stenographer free services on
indigents and low income litigants
RULE 120
JUDGMENT
RULE
120
(1)
JUDGEMENT;
DEFINITION- adjudication that the
accused is guilty or not and the
imposition of proper penalty and civil
liability
Judges are guided by the rules of law and
ought to protect and enforce it without fear or favor.
Non imposition of death penalty because of religious
belief is not allowed
(Veneracion Case)
AND FORM:
RULE
120
JUDGMENT
(2)
CONTENTS
OF
Evidence
of
the
prosecution
absolutely or merely failed to
prove guilt
RULE
120
(3)
EFFECT
WHEN
COMPLAINT OR INFORMATON IS
DUPLICITOUS:
GR: the accused may file a motion to
quash BEFORE trial
WHEN FAILURE:
REQ:
1. Variance between the offense charge
in the information and the offense
proven AFTER TRIAL
2. The offense charge NECESSARILY
INCLUDED in the offense proved
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(ADDITIONAL REQ) R: RULE 119(4) PRESUPPOSES
JURISDICTION OVER ALL THE CRIMES IN VARIANCE. In this
case, RTC had no jurisdiction since the lesser included offense
proven falls in the jurisdiction of the MTC. (Pangilinan v. CA)
ER:
WHEN
JUDGMENT
DESPIT
ABSENE
OF
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accused of the decision wherever he may be. (Pascau
v. CA in contrast with Parada v. Veneracion involves
TRIAL in Absentia)
i. surrenders and
ii. Files a motion for leave of
court to avail post-judgment
remedies
2.
Accused
modification
filed
motion
for
for
1. Judgment of conviction
RULE
120
(7)
WHEN
THERE
MODIFICATION OF JUDGMENT; WHEN
JUDGMENT BECOMES FINAL (rule only
of
B. Judgment of CONVICTION:
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TRIAL
RULE 121
OR
have
been
REQ:
1. Judgment of conviction
2. Motion EITHER (a) accused (b) Court
motu propio W/ CONSENT of accused
Motion of the prosecution is not allowed. This
aims to protect the accused from being put anew to
defend him of the penalties overlooked by the
prosecutor. Moreover even in MNT the consent of
accused is necessary
(Viernes Case)
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2.
RULE
121
(3)
GROUNDS
FOR
RECONSIDERATION (a) ERROR OF
LAW (b) ERROR OF FACT (in contrast w/ the
grounds for MNT) both requires no further
proceeding
ALL
PROCEEDINGS
AND
EVIDENCE AFFECTED THEREOF
SET ASIDE AND TAKE ANEW
2. Allow introduction of additional
evidence in the interest of
justice
R2: Effects if the grounds is NDE
1. Evidence already adduce stand
2. Newly discovered evidence and all
relating
thereof
allowed
as
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RULE 122
APPEAL
From Riano;
An appeal opens
the
whole
case
for
review and this includes
the review of the penalty,
indemnity and the damages
involved.
EFFECT OF AN APPEAL
1. THE ACCUSED
i. Judgment of conviction
ii. with respect to the civil aspect
2. THE PROSECUTION provided the accused not be place in
DJ. The prosecution cannot appeal on the ground that the
accused should have been given a more severe penalty.
3. THE OFFENDED PARTY with respect ONLY to the civil
aspect arising ex-delictu (Heirs o Rellota v. Firme)
4. THE BONDSMAN OF ACCUSED in case the judgment
against the bond in forfeiture case
5. THE EMPLOYER OF ACCUSED INSOFAR as the order of
the court making him subsidiarily liable under RPC 103
2) To approve compromises
offered by the parties prior
to the transmission of the
records on appeal to the
appellate court.
SC
(referring
imprisonment)
CA SC
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to
sentences
of
death
or
life
P a g e | 68
5-03-SC)
RTC for
cases
where the
death is
imposed
cases
SC
Appeal in the CA as
modified by Pp v. Mateo
and AM no. 005-03-SC)
APPELLATE JURIS
FROM
TO
MODE
RTC
CA
PETITION
FOR
REVIEW (RULE 42)
CA
SC
PETITION
REVIEW
CERTIORARI
ORIGINAL JURIS
FROM
TO
MTC
RTC
MODE
NOTICE OF
APPEAL (RULE
40)
RTC
CA
NOTICE OF
APPEAL (RULE
41)
RTC for
cases
where:
CA
AUTOMATIC
REVIEW
(a) death,
reclusion
perpetua or
life
imprisonm
ent is
imposed;
or
(b)
where
lesser penalty
is imposed
BUT involving
offenses
committed in
the same
occasion or
occurrence
giving rise to
serious offense
which the
penalty is
reclusion
perpetua or
death
(AM no. 005-
AUTOMATIC
REVIEW
FOR
ON
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RULE
122(8)
DUTIES
OF
STENOGRAPHER WHEN APPEAL IS
FILED:
1. Upon filing the notice of appeal,
TRANSCRIBE the notes of the proceeding
for the accused and the People of the
Philippines;
2. Certify the correctness of the notes
and furnish copies therewith without
unnecessary delay
3. if death penalty is
imposed, the
abovementioned duties must be done in
30 days non-extendible.
copies
of
ER:
Unless
FAVORABLE
APPLICABLE to them
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P a g e | 70
Even if the co-accused is in absentia
the latter shall enjoy the benefit of appeal
by the other. (Fernandez Case)
RULE 123
PROCEDURE IN THE MTC
RULE 122(12)
APPEAL
2.
To
transmit
(i)
certificate
of
compliance (ii) response of appellant
thereof
OF
RULE 124
PROCEDURE IN THE CA
RULE 124(1) TERMS
APPEALS TO THE CA:
TO
USE
IN
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124(6)
FORM
OF
BRIEF:
(TECHNICAL)
record
and
1. Rule 56 section 5
the
CAs
SCOPE
1.
REVERSE,
AFFIRM
or
judgment of the trial court;
OF
MODIFY
RULE
124(8)
GROUNDS
FOR
DISMISSAL OF APPEAL by reason of
abandonment
or
failure
to
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RULE
124(18)
APPLICATION
OF
CERTAIN RULES IN CIVPRO TO
CRIMINAL CASE: Rule 42, 44-46 and 48
to 56 relating to CA and SC shall be
applicable
as
long
as
not
inconsistent with the provision of
this rule.
RULE 125
2. Received evidence
PROCEDURE IN THE SC
A. Conduct
evidence; or
hearing
and
received
COURSE OF ACTION:
RULE 126
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WHEN APPLIED:
1.
RULE
126
(4)
REQUISITES
OF
ISSUING A SEARCH WARRANT (GENERAL
WARRANT defect on particularization or VOID WARRANT
lacks essential requisites)
refers to
the existence of facts and circumstances which would lead a
prudent man to have reasonable ground to believe that crime
was committed and accused is probably guilty thereof and
that the item/s, article/s, or object/s sought in connection
with said offense or subject to seizure and destruction
by law is in the place to be searched. (Pp v. Aruta)
EXISTENCE OF NEGATIVE INGREDIENT OF
THE OFFENSE CHARGED: As when the search
warrant did not alleged the unlicensed firearm
and explosives or at least justifiable reason to
establish that there is an offense committed.
(PICOP v. Asuncion)
As when the object subject to search
merely alleged an unlicensed medicines
without proof and certification to that effect.
(Pp v. Estrada)
I.
Determine
by
the
judge
P a g e | 74
facts personally known to them (RULE 126 sec.
5) referring to sworn statements and affidavits
thereof
PERSONAL
KNOWLDEGE
IN
THE
APPLICATION OF SEARCH WARRANT IS
REQUIRED:
In Uy v. BIR, although the name was
wrong, nevertheless the warrant remains valid
because they already conducted surveillance
and test buy operation before the search was
implemented.
This case is different; the Peace officer came
to know that the person subject to be search
was in another name because of the Brgy.
Official told them to. To make it worse said
Brgy. Official was not presented in court.
Therefore the warrant was issued based on
hearsay evidence which negates personal
knowledge. (Pp v. Del Norte)
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THOSE NOT STATED IN THE WARRANT SHALL
NOT BE INCLUDED: The search warrant is void
only insofar as it authorized the seizure of the
object not included in the warrant drug
paraphernalia; money and car out of the proceeds
of the drugs but it is valid to the seizure of the
object applied in the warrant shabu.
ARTICLES TO BE SEIZED SHOULD BE THE ONLY
ONES PARTICULARLY DESCRIBED IN THE WARRANT.
A search warrant is not a sweeping authority
empowering a raiding party to undertake a fishing
expedition to seize and confiscate any and all
kinds of evidence or articles relating to a crime.
(Pp v. Salanguit; Pp v. Go) see Microsoft v.
Maxicorp
EXCEPTION; SEIZURE UNDER THE PLAIN
VIEW DOCTRINE: Under this seizure, it is
required that the article/s, item/s or object/s
is/are apparently observed as evidence of a
crime charge in the warrant, contraband or
otherwise subject to seizure. (Pp v. Go) i.e.,
car, money, several passport and immigration
documents in a search warrant for illegal
drugs. IN ANY CASE, THOSE OBJECTS
SIEZED WHICH IS ILLEGAL SHALL BE
CONFISCATED AS PROHIBITED ARTICLES.
BEFORE
Absence hereof
taints the search warrant with illegality for failure to
conform with the essential requisites. (Pp v. Mamaril)
(ii) Affidavits.
SEARCH WARRANT
ARREST WARRANT
As to their basis
Reliance on
records and
affidavits
Personal
knowledge base
on probable cause
As to precedence
of the institution of
criminal action
Search warrant
may be applied
AHEAD of the
institution of
criminal action
Arrest warrant
issued AFTER the
institution of
criminal action
finding probable
cause thereof.
As to duration
10 days reckon at
issuance
(RULE
126 sec. 10)
Life time
1. Personal examination of
(i) Complainant
(ii)
produce
Witnesses
the
complainant
(ii) Writing
(iii) under oath
(iv) Facts persosnally known to
them (OTHERWISE HEARSAY)
PERSONAL
KNOWLDEGE
IN
THE
APPLICATION OF SEARCH WARRANT IS
REQUIRED:
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NOTICE
of
his
3. WHEN:
1st:
A. Lawful occupant
B. Any member of his family
LAWFUL
present
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ADDITIONAL
REQUISITE
IN
IN
FLAGRANTE DE LICTU: (Pp v. Chua)
(1) Person to be arrested must execute an
OVERT ACT of a crime and
I.
II.
Dangerous WEAPONS
ANYTHING which may have
been use or constitute proof in
the commission of offense
Sees
the
offense,
although at a distance
OR
hears
the
disturbance
created
thereby and proceeds
at once to the scene
thereor. (Pp v. Evaristo)
evidence
in
PLAIN
VIEW;
of
warrantless
search;
P a g e | 78
6. STOP &
jurisprudence)
FRISK;
(a.k.a
Terry
Search;
7. EXIGENT and
(Jurisprudence)
EMERGENCY
circumstances.
PROVISIONAL REMEDIES IN
CRIMINAL CASE
RULE
127(1)
INSTANCE
WHERE
PROVREM
AVAILABLE
IN
CIVIL
ACTION MAY BE AVAILED OF IN A
CRIMINAL CASE:
1. When applicable to criminal cases;
and
2. In connection with the civil action
deemed instituted with the criminal
action.
THEREFORE IT IS NOT AVAILABLE WHEN: (A)
offended party WAIVED the civil liability or (B)
RESERVED the right to file a separate action.
RULE
127(2)
GROUNDS
FOR
ATTACHMENT: provided under Rule
127(1) herein, the property of the
accused may be HELD AS A SECURITY for
the satisfaction of any judgment that
may be recovered from him:
A. When accused is about to ABSCOND
from the Philippines;
B. When criminal action is based on a
claim of money, embezzlement or fraud
where the accused is PUBLIC OFFICER,
CORPORATE OFFICER or ANY PERSON
HAVING FIDUCIARY CAPACITY in the
course of his employment;
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