Criminal Procedure Reviewer

CRIMINAL PROCEDURE
MIDTERM EXAM
REVIEWER
“That in all things, God may be glorified”
Aleezah Gertrude Regado

CRIMINAL PROCEDURE RIANO
NOTES
Chapter 1  After the offender’s initial contact with the law, the aggrieved party or the arresting officer
may initiate the filing of a complaint directly with the trial court or with the proper officer
PRELIMINARY CONSIDERATIONS for the purpose of preliminary investigation
 Take note: Not all cases require a preliminary investigation.
COMMISSION OF A CRIME  There are times when a complaint/ criminal information may be filed directly in court without
need for such investigation.
 Criminal litigation process presupposes the prior commission of crime or at least the
 Under current rules, either
perception that a crime has been committed.
(a.) The direct filing of a complaint or information in court
 Crime: there is an offender and generally there is a victim.
(b.) Or the filing of a complaint with the investigating officer for the purpose of
 Crime may also be committed by mere possession of goods or things prohibited by law.
conducting a preliminary investigation
 The victim may be a private person who may either be
- IS AN ACCEPETED MODE OF INSTITUTING A CRIMINAL ACTION
1. Natural
 The institution of the criminal action shall interrupt the period of the offense charged unless
2. /Juridical
otherwise provided in special laws
 Crime may be committed against public order
 How is a criminal action instituted?
Determine: Is the offense one which is subject to a preliminary investigation or one which
CONTACT WITH LAW
requires no such investigation
 Mere commission of a crime does not automatically trigger the application of the rules on REQUIRES Instituted by filing a complaint with the proper officer for the
criminal procedure PRELIMINARY purpose of preliminary investigation
INVESTIGATION
 Rule only comes into operation ONLY WHEN acts are initiated that would put the offender
NO PRELIMINARY Filing the complaint or information directly with the first
n contact with the law or criminal justice system INVESTIGATION IS level court (MTC) or by filing a complaint with the office of
 Brought to the attention of law enforcement authorities and the offender is arrested MANDATED BY THE the prosecutor
(warrant/valid warrantless arrest RULES
 When law enforcement authorities are in possession of information on the existence of  In Manila and other chartered cities, the complaint shall be filed with the office of the
contraband/criminal activities in a particular place, they may conduct a search and prosecutor, unless otherwise provided in their charters.
seizure by virtue of a search warrant duly issued.  Under the rules, where the penalty prescribed by law for the offense is at least 4 years, 2
 Also consider searches that are valid even without a search warrant months and 1 day
 Contact with law may also take place when the offended party files a written complaint before - a preliminary investigation is required
the barangay  Rules on preliminary investigation begin to grind when a complaint is filed before an
 There are situations or violations of laws or ordinances which require compliance with authorized officer for the purpose of conducting a preliminary investigation
the barangay conciliation proceedings - Investigation is aimed at finding probable cause to charge the respondent court
 In some cases, referral of a case to the lupon for conciliation or settlement is required
before a complaint, petition or action is filed in court Complaint filed before he Initiates a preliminary investigation
 Under such law, invocation of judicial authority shall be allowed only if a certification is investigating officer
issued by the proper barangay official to the effect that judicial intervention may now be Complaint filed in court Commences the judicial proceedings against the accused
 When complaint is filed with the investigating prosecutor for the purpose of preliminary
availed of because the desired conciliation or settlement was not reached or when a settlement
investigation. How shall it be resolved?
previously forged was repudiated by a party.
- Rule mandates the prosecutor to evaluate the complaint and its accompanying evidence.
INSTITUTION OF CRIMINAL ACTION; PRELIMINARY INVESTIGATION - If he finds no ground to continue with the investigation, he shall dismiss the complaint
1|Aleezah G e r t r u d e
SOURCES: RIANO & SAN BEDA MEMAID
NOTES
- If he finds a reason to proceed with the investigation, he shall issue a subpoena to the - If he is not available, complaint may be filed by the offended party or the peace officer
respondent who shall submit his counter-affidavit and those of his witnesses. directly with the proper court on the basis of an affidavit of such offended party or
- He may also submit supporting documents relied upon for his defense. arresting officer or person.
- He is not however allowed to file a motion to dismiss in lieu of the submission of a  Before a complaint or information is filed, person arrested may ask for a preliminary
counter-affidavit inestigation
 After the required preliminary investigation has been completed, the investigating prosecutor - After validly signing a waiver of Article 125 of the RPC.
may either recommend the dismissal of the complaint or the filing of an information in court - Art. 125. Delay in the delivery of detained persons to the proper judicial authorities. —
with an accompanying resolution to that effect The penalties provided in the next preceding article shall be imposed upon the public
- Such resolution is subject to further action by a higher officer in the prosecution hierarchy officer or employee who shall detain any person for some legal ground and shall fail to
without whose written authority or approval, no complaint or information may be filed deliver such person to the proper judicial authorities within the period of; twelve (12)
or dismissed by the investigating prosecutor hours, for crimes or offenses punishable by light penalties, or their equivalent; eighteen
- Resolution may further be subject to review of the Secretary of Justice in accordance with (18) hours, for crimes or offenses punishable by correctional penalties, or their
the rules of court equivalent and thirty-six (36) hours, for crimes, or offenses punishable by afflictive or
 When a criminal information is filed in court, any disposition of the case now rests within capital penalties, or their equivalent.
the exclusive jurisdiction and discretion of that court. - In every case, the person detained shall be informed of the cause of his detention and
 In cases where penalty is less than 4 years, 2 months and 1 day, complaint may be filed shall be allowed upon his request, to communicate and confer at any time with his
directly with the prosecutor, not for preliminary investigation but for evaluation of evidence attorney or counsel. (As amended by E.O. Nos. 59 and 272, Nov. 7, 1986 and July 25,
of the complainant 1987, respectively).
- Prosecutor may either dismiss the complaint or file the information in court - Notwithstanding such waiver, he may apply for bail even before he is charged in court
 Complaint or information may also be filed directly with MTC.  A person arrested, now the accused (information is already filed) may still ask for a
- Such court shall evaluate evidence submitted preliminary investigation.
- Since no preliminary investigation has been conducted, the rule grants the court the - Within 5 days from the time he learns of its filing
option to conduct a written personal examination under oath of the complainant and his
witnesses. DUTY OF COURT UPON THE FILING OF THE COMPLAINT/INFORMATION
- Such: in form of searching questions and answers.
- If court finds probable cause : it shall issue a warrant of arrest Under the rules, the judge has a duty to be performed within 10 days from the filing of
- If already taken into custody : Issue a commitment order such complaint or information.
- Issue summons, if judge is satisfied that there is no necessity for placing accused into  Judge is required to personally evaluate the resolution of the prosecutor and the evidence
custody supporting said resolution
 When an accused is lawfully arrested without a warrant = PRELIMINARY EXAMINATION
- He is not entitled to an ipso facto right to preliminary investigation even if offense he is - Judicial function separate and distinct from a preliminary investigation
alleged to have committed carries with it the imposable penalty at least or even higher
Preliminary Investigation Function of the prosectutor
than 4 years, 2 months and 1 day.
Conducted to determine probable cause that would justify the
- It is the lawful warrantless arrest which dispenses with the need for preliminary filing of a complaint or information against the respondent
investigation. Preliminary Examination Judicial function
 Even if no preliminary investigation is held, the complaint or information may Conducted after the information s filed in court
nevertheless be filed by the prosecutor Judge determines probable cause to justify he propriety of
- As long as an inquest has been conducted. issuing a warrant of arrest
- Conducting of an inquest however presupposes the availability of an inquest prosecutor
NOTES
Bail as a  Before or after conviction of accused in MTC (charged with offense not
matter of punishable by death, reclusion perpetua, or life imprisonment )
AVAILMENT OF PROVISIONAL REMEDIES right  Charged with offense punishable with reclusion perpetua or life
imprisonment, evidence of guilt is not strong
 When a complaint/information is filed and the civil action arising from the offense charged
is properly instituted in accordance with the rules, the offended party may avail of the Bail as a  Convicted in RTC for an offense not punishable by death, reclusion
provisional remedies available in civil actions matter of perpetua, or life imprisonment
 Example : Support pendente lite judicial
discretion
BAIL Strong evidence (x) proof beyond reasonable doubt
 When the information is filed, the respondent becomes an accused ARRAIGNMENT

 When the court issues a warrant of arrest, and he is arrested, the court now acquires a
 Arraignment is a formal mode and manner of implementing the constitutional right of an
jurisdiction over his person
accused to be informed of the nature and cause of the accusation against him.
- Jurisdiction over his person may also be acquired when he voluntarily surrenders
 W/o it, accused not deemed to have been informed of such accusation
 Person under the custody of law may gain his release from the confinement by availing of
 Rule requires the presence of the accused during arraignment for him to personally enter his
the constitutional right to bail
plea.
- Corporate surety/property bond/cash deposit/recognizance
 Accused is to be arraigned before court where the complaint or information was filed or
- He may apply before or after he is formally charged
assigned for trial. It is made in open court by the judge or clerk and consists in furnishing the
- NO BAIL after judgment of conviction has become final
accused with a copy of complaint or information ; reading shall be in a language he
 If before such finality, accused applies for probation, he may be allowed temporary liberty
understands
under his bail
 If accused refuses to plead, a plea of not guilty shall be entered
 Not Correct: Bail may be availed of only after the filing of complaint or information
 When accused pleads guilty but at the same time presents exculpatory evidence = guilty plea
- Person in custody of law, not yet charged in court may apply for bail with any court in
shall not be enetered for him.
the province, city/municipality where he is held
 Accused may plead guilty to a lesser offense
- Worthy of note is the rule that an application for or admission to bail shall not bar the
- Lesser offense must be one which is necessarily included in the offense charged
accused from challenging the validity of his arrest or the legality of the warrant issued
- Plea also requires consent of both the offended party and the prosecutor
for his arrest provided hat he raises his objection before entering his plea
 During the date set for arraignment, the accused need not enter his plea outrightly
- Before arraignment he has several options.
- He may move for a bill of particulars if there are defects in the information or complaint
which prevent him from properly pleading to the charge and preparing for trial
- He may also move for suspension of arraignment when justifiable reasons do exist for its
suspension
- Accused may likewise at any time before entering his plea, move to quash to dismiss the
complaint or information
- He may before entering his plea, also challenge the validity of his arrest
MOVE TO QUASH THE COMPLAINT OR INFORMATION
NOTES
 Motion is required to be in writing, filed before the accused enters his plea, signed by the  Within 30 days from the receipt of pre-trial order, trial shall commence
accused or his counsel and distinctly specifies both the factual and legal grounds relied upon  Trial shall commence and continue from day to day as far as practicable until terminated
for his dismissal of the complaint or information  It may be postponed for a reasonable period of time for good cause
 For example : He may move to quash on the ground that facts charged do not constitute an  SC has set a time limit with respect to the period of arraignment to trial.
offense, or that the court trying the case has no jurisdiction over the offense charged/person - Speedy trial
accused  Trial begins when the prosecution presents its evidence, but when accused admits act of
 Failure to file a motion/failure to assert any of the allowable grounds shall be deemed a commission of charged, but interposes lawful defense, order of trial may be modified or
waiver of the grounds not invoked reversed
 There are however grounds which are not deemed waived even if not invoked - When the order is modified, the accused shall be allowed to present his evidence ahead
(a.) Facts charged do not constitute an offense of the prosecution
(b.) Court trying the case has no jurisdiction over the offense charged  Accused may, instead of presenting his evidence, choose
(c.) Criminal action or liability has been extinguished - To move to dismiss the case by presenting demurrer of evidence
(d.) Accused shall be placed in double jeopardy - Demurrer may be presented with/without leave of court.
 When court may not grant motion:  Upon admission of evidence of the parties, the case shall be deemed submitted for decision
- Based on alleged defect in complaint or information which can be cured by amendment - Unless court directs them to argue orally or submit a written memoranda
 When motion to quash is sustained, court may even order that another complaint or
information be filed against the accused. JUDGMENT
 An order sustaining motion to quash is not a bar to another prosecution for the same offense
UNLESS the motion is based on After trial, the
Entry of judgment judgment of court
(a.) Extinguishment of criminal action or liability
(b.) Accused placed in double jeopardy shall follow
Judgment
PRE-TRIAL
 Under the rules, after arraignment, and within 30 days from the date the court acquires
Trial
jurisdiction over the person of the accused, the court shall order the mandatory trial
conference to consider certain matters
- Plea bargaining, stipulation of facts, marking of evidence, waiver of objections to
Pre-trial
admissibility, possible modification of the order of the trial, and such other matters that
will promote a fair and expeditious trial of the criminal and civil aspects of the case
 After pre-trial conference, the court shall issue an order reciting the actions taken, facts
Arraignment
stipulated and the evidence marked
 Pre-trial order binds parties, limit the trial to matters not disposed of and control the course
Bail
of action during trial unless modified to prevent manifest injustice
 All agreements or admissions made or entered during pre-trial conference shall be reduced Provisional
in writing and signed by the accused and counsel remedies
- Otherwise (x) be used against accused
 Judgment is the adjudication by court on the guilt or innocence of the accused and the
TRIAL; DEMURRER
imposition on him of the proper penalty and civil liability, if any
NOTES
 Required to be written in official language, personally and directly prepared by the judge and ULTIMATE GOAL OF CRIMINAL PROCEDURE
signed by him
 Shall contain clearly and distinctly a statement of facts and the law upon which it is based  Harmonizing the governmental functions of maintaining peace and order and protecting the
 Promulgated by reading it in the presence of the accused and any judge of court constitutional rights of its citizens
- Unless light offense (presence of counsel/representative), ok
 If the judgment is for conviction, and accused fails to appear, he shall lose remedies against THE ADVERSARIAL OR ACCUSATIONAL SYSTEM
the judgment
 Our system of procedure (x) Inquisitorial
- Only way for him to regain right is to surrender within 15 days from promulgation of
 Contemplates two contending parties before the court, which hears them partially and renders
judgment and file for motion for leave to avail of remedies
judgment only after trial
POST-JUDGMENT REMEDIES  Two sided structure, each tries to convince the court, its position is the correct version of
truth
 Period of appeal is within 15 days from the notice of the judgment or final order  Inquisitorial
 After lapse of period for perfecting appeal, judgment for conviction becomes final. - Court plays very active role
 Within same period, the judge may, motu propio or upon motion, with hearing in either case, - Court may utilize evidence gathered outside court
re-open the proceedings to avoid miscarriage of justice. - Actively participates in gathering of facts and evidence
 Accused may move for new trial or a reconsideration
 Motion for new trial---error or irregularities of trial and the discovery of new evidence LIBERAL INTERPRETATION OF THE RULES
 Where motion for new trial is denied, jurisprudence allows the accused o file an appeal within
 To promote their objective of securing a just, speedy or inexpensive disposition of every
fresh period of 15 days from the notice of denial of motion.
action and proceeding
ENTRY OF JUDGMENT  Technicalities tending to frustrate substantive justice must always be voided
 All remedies have been exhausted and judgment becomes final . A. REQUISITES FOR EXERCISE OF CRIMINAL JURISDICTION
II. BASIC CONCEPTS (a.) over subject matter

(b.) territory
CONCEPT OF CRIMINAL PROCEDURE (c.) Person of the accused
Criminal Law Declares what conduct is criminal, defines crimes and prescribes Jurisdiction over Authority of the court to hear and determine a particular criminal
punishment for such crimes subject matter case
 Jurisdiction over the offense charged
Definition of offenses, penalties applicable for such offense, and the Jurisdiction over Authority of court over the person charged
formulation of general principles of liability person of the  Requires that the person charged with the offense must
Crminal Treats of the rule and process by which the criminal laws are enforced and accused have been brought into its forum for trial, forcibly by
Procedure by which the state prosecutes the persons who violate such laws warrant of arrest or upon his voluntary submission to the
court.
Provides and regulates steps by which one who committed crime is to be
punished .
JURISDICTION OVER THE TERRITORY; VENUE IN CRIMINAL CASES
NOTES
 Jurisdiction over territory is that in criminal cases HOW JURISDICTION OVER THE SUBJECT MATTER IS DETERMINED
 Venue is jurisdictional and court is bereft of jurisdiction to try an offense committed
outside its limited territory.  Jurisdiction of court is conferred by law
 Place where crime is committed determines not only the venue of action but is an  Jurisdiction over a criminal case is determined by the allegation in the complaint or
essential element of jurisdiction information
- Offense should have been committed or any of its essential ingredients should have taken - Court therefore must look into the allegations of the written accusation for it to know
place within the territorial jurisdiction of cour. whether or not it has jurisdiction over the offense charged therein
 Territorial jurisdiction in criminal cases is the territory where the court has jurisdiction to  In order to determine jurisdiction of court in criminal case, the complaint or information must
take cognizance or try the offense allegedly committed therein by the accused be examined for the purpose of ascertaining:
 For complaint or information to be sufficient - Whether or not the facts set out therein and the punishment provided for by law for such
- Must enable the court through the allegations to determine that the offense was acts fall within the jurisdiction of the court in which the criminal action is filed
committed or any of its essential ingredients occurred at some place within jurisdiction - Jurisdiction is not determined by the evidence presented by the parties at trial
of court - Neither is it determined by the defenses set up by the defendant or the accused
 Only the allegations in the complaint or information constitute the guidepost in determining
B. CRIMINAL JURISDICTION OVER THE SUBJECT MATTER the jurisdiction of the court, disregarding the defense of the accused or whatever evidence is
presented during trial
JURISDICTION OVER THE SUBJECT MATTER
USE OF IMPOSSIBLE PENALTY
 Generally: Jurisdiction is the right to act or power and authority to hear and determine a cause
- Power to inquire into facts, apply the law and pronounce judgment  Jurisdiction is not determined by the penalty actually imposed AFTER trial
- Question of fact  BUT by the penalty imposable by the law on the offense.
HOW JURISDICTION OVER THE SUBJECT MATTER IS CONFERRED The extent of penalty which the law imposes
+ other legal obligations on the basis of facts recited in the complaint or information
 It is the law that confers jurisdiction = Jurisdiction of court
STATUTE APPLICABLE TO A CRIMINAL ACCTION
- (x) the rules
- Rule of procedure yield to substantive law
 The subject matter jurisdiction of court in criminal matters is measured by the law in effect
- Jurisdiction over the subject matter is conferred by law and any judgment, order, or
- At the time of the COMMENCEMENT /INSTITUTTION/ FILING OF CRIMINAL
resolution issued without it is void and cannot be given any effect
ACTION
- Cannot be conferred upon by court by the accused--express waiver or otherwise
- (x) law in effect at the time of the commission of the offense charged
 Jurisdiction is conferred by the sovereign authority which organized the court
- (x) by law in force during the arraignment of the accused
- consent or acquiescence of any or all of the parties
- waiver Averments of the complaint or information in relation to law PREVAILING AT THE TIME OF FILING
- enlarged by acquiescence OF THE COMPLAINT OR INFORMATION
- acquired by erroneous belief of the court that it has jurisdiction + penalty provided by law for the crime charged at the time of its commission
THE CONFERMENT OF JURISDICTION CANNOT BE ASSUMED = Jurisdiction of court
PRINCIPLE OF ADHERENCE OF JURISDICTION OR CONTINUING JURISDICTION
 When a law confers jurisdiction, the conferment must be clear
- It cannot be presumed GENERAL RULE
- It must appear from the statute
NOTES
 Once the court has acquired jurisdiction, that jurisdiction continues until the court has done OBJECTION TO THE JURISDICTION OF THE COURT OVER THE PERSON OF
all has done all that it can do in the exercise of that jurisdiction THE ACCUSED
 It may not be ousted from the case by subsequent events
 NOT ALL acts seeking affirmative relief = voluntary appearance or submission to the
EXCEPTION jurisdiction
- Special appearance to question jurisdiction
1. Express provision of the statute - Motion to quash filed precisely on that ground
2. The statute clearly intended to apply to actions pending before its enactment  Where the appearance is by motion for the purpose of objecting to the jurisdiction of the
court over the person
OBJECTION ON JURISDICTIONAL GROUNDS - It must be for the sole and separate purpose of objecting said jurisdiction
- Any other purpose = submission to the jurisdiction of court
 Court lacks jurisdiction over the subject matter
- May be raised or considered motu proprio by the court AT ANY STAGE OF THE Custody of law (x) necessarily being under the jurisdiction of the court
PROCEEDINGS OR ON APPEAL. - signifies restrain on the person who is deprived of his own will and
- Limitations: cannot be invoked to secure affirmative relief and after obtaining or failing liberty
to obtain such relief repudiate or question the same jurisdiction ---sound public policy -literally custody over the body of the accused
bars one from doing so, speculating on the fortunes of litigation Jurisdiction over One can be subject to the jurisdiction of court over his person and (x)
- Party may be estopped the person in custody of law
D. INJUCTION TO RESTRAIN CRIMINAL PROSECUTION
C. CRIMINAL JURISDICTION OVER THE PERSON OF THE ACCCUSED
 GR: Injunction will not be granted to restrain a criminal prosecution
HOW ACQUIRED - Public interest requires that criminal acts be immediately investigated and prosecuted for
the protection of the society
 In criminal proceedings it is not sufficient for the court to acquire jurisdiction over the subject  Exceptions
matter. 1. Injunction is necessary to afford adequate protection to the constitutional rights of the
 It also needs to acquire jurisdiction over the person of the accused accused
 Jurisdiction over person is acquired upon his arrest or apprehension with or without a warrant 2. It is necessary for the orderly administration of justice or to avoid oppression or
or his voluntary appearance or submission to the jurisdiction of the court VOLUNTARY multiplicity of actions
SUBMISSION TO THE JURISDICTION OF THE COURT ; SEEKING 3. Prejudicial question is subjudice
AFFIRMATIVE RELIEF 4. Acts of the officer are without or in excess of authority
 As a rule, one who seeks an affirmative relief = submitted to the jurisdiction of court 5. Prosecution is under an invalid law, ordinance or regulation
 Accomplished either by 6. Double jeopardy is already apparent
- His pleading to the merits (filing a motion to quash or other pleadings) 7. Court has no jurisdiction over the offense
- Appearing for arraignment 8. It is a case of persecution rather than prosecution
- Entering the trial 9. Charges are manifestly false and motivated by the lust for vengeance
- Active participation in trial 10. There is clearly no prima facie case against the accused and a motion to quash on that
 If he subsequently fails to appear during trial and escapes from custody of law ground has been denied
- Jurisdiction is not lost
- Jurisdiction once acquired is not lost but continues UNTIL THE CASE IS
TERMINATED.
NOTES
(e.) All other CRIMINAL CASES
- Impossible penalty prescribed by law for the OFFENSE CHARGED
- Imprisonment not exceeding 6 mos
- /fine not exceeding P1K
E. MANDAMUS TO COMPEL PROSECUTION - /both
- Irrespective of other impossible penalties, accessory or otherwise or of the
 Public prosecutor civil liability arising therefrom
(f.) Offenses involving damage to property through criminal negligence
- Exercises a wide latitude of discretion in determining whether a criminal case shall be
- Impossible fine (x) exceed P10K
filed in court and courts must respect exercise of such discretion
 Filing of criminal case under summary procedure may either be by
 Mandamus as a rule (x) lie to compel criminal prosecution
(a.) Complaint
- Not available to control discretion
(b.) / Information
 In Metro Manila and other chartered cities
III. CRIMINAL JURISDICTION OF TRIAL COURTS
- Filing shall be by information except WHEN the offense is one which cannot be
A. CRIMINAL JURISDICTION OF MUNICIPAL TRIAL COURT, MUNICIPAL prosecuted de officio
CIRCUIT TRIAL COURT AND METROPOLITAN TRIAL COURT  Complaint or information shall be accompanied by
1. EOJ over all violations of city/municipal ordinances committed w/in their respective (a.) Affidavits of the complainant and his witnesses in such number of copies as there are
territorial jurisdiction accused
2. EOJ all OFFENSES (b.) 2 copies for courts files
- -punishable with imprisonment (x) < 6 yrs - Has to be complied with, w/in 5 days from the filing of case
- irrespective of the amount of fine and regardless of other imposable or accessory
- Otherwise: dismissed
penalties
- including civil liability arising from such offenses irrespective of K,N,V/A - Affidavits shall state ONLY the facts of direct personal knowledge of the affiants
3. “Except in cases falling within the exclusive jurisdiction of RTC and Sandiganbayan - It shall also show the competence of the affiants to testify to the matters stated therein
- MTC does not at all times have jurisdiction over offenses punishable with  Violation of the requirements
imprisonment not exceeding 6 years - Ground for disciplinary action against the party or the counsel who submits
- “jurisdiction over offenses up to maximum of prison correctional” - Inadmissible affidavit or a portion of it to be expunged from the record
- Art 360 of RPC : criminal action, as well as civil action for such offense, shall be
filed SIMULTANEOUSLY or SEPARATELY with RTC (x) MTC Situations
4. EOJ over all offenses involving damage to property through criminal negligence court find no cause of order dismissal of case
5. Violations of BP 22 : as per A.M No. 00-11-01 SC (04/15/03/) governed by Rules action/ground to hold
on Summary Procedure in criminal cases accused for trial
6. Summary procedure in certain cases
Ground to hold accused for set case for arraignment and trial
7. Special jurisdiction to decide on application for bail in criminal cases in absence of
trial
ALL RTC judges in the province or city
- If in custody Accused shall immediately be arraigned
- Enters plea of Sentenced
guilty
SUMMARY PROCEDURE IN CRIMINAL CASES  Before conducting trial: Preliminary conference during which the following may be done
(a.) Entering into a stipulation of facts
(a.) Violation of traffic laws, rules and regulations
(b.) Violations of rental law (b.) Considering the propriety of allowing accused to enter his plea
(c.) BP 22 cases (c.) Taking up such other matters to clarify the issues and to ensure a speedy
(d.) Violation of municipal/city ordinances disposition of case
NOTES
 Accused fails/refuses to stipulate B. CRIMINAL JURISDICTION OF THE REGIONAL TRIAL COURT
- It shall not prejudice the accused 1. EOJ in all criminal cases not within the exclusive jurisdiction of any court,
 Any admission during preliminary conference must be reduced to writing and signed by the tribunal or body
accused and his counsel - Except those falling under exclusive and concurrent jurisdiction of SB
2. OJ in the issuance of writs of certiorari, prohibition, mandamus, quo warranto,
 During trial
habeas corpus and injuction, enforceable in any part of their respective regions
- Actual direct examination of the witnesses is not required 3. Appellate jurisdiction over all cases decided by the MTC within its territorial
 Because affidavits submitted by parties = direct testimonies jurisdiction
 Witnesses however may be subjected to a cross examination, redirect examination or re- 4. Special jurisdiction of certain branches to handle exclusively criminal cases as
cross examination determined by the SC
 Failure to testify = affidavit shall not be considered as competent evidence for party 5. Jurisdiction over criminal cases under specific laws such as
presenting affidavit a) Criminal and civil aspects of written defamation (Art 360 RPC)
b) Jurisdiction of designated special courts over cases in violation of
 Court mandated not to order the arrest of accused EXCEPT = ground is failure to appeared
Comprehensive Dangerous Drugs Act 2002
when required by courts c) Jurisdiction of designated RTC branches for violations of IPR
 Trial conducted  Court shall promulgate judgment not later than 30 days after termination d) Jurisdiction to try all cases on money laundering
of trial o However those committed by public officers and private persons in
conspiracy with public officers : jurisdiction of SB
PROHIBITED PLEADINGS, MOTIONS AND PETITIONS IN SUMMARY

PROCEDURE IN CIVIL AND CRIMINAL CASES
(1) Motion to quash the complaint or information or motion to dismiss the complaint
- Except
a) if the ground is lack of jurisdiction over subject matter
b) or failure to comply with barangay conciliation proceedings
(2) Motion for bill of particulars
(3) Motion for new trial or for consideration of a judgment or for reopening of trial
(4) Petition for relief of judgment
(5) Motion for extention of time to file pleadings, affidavits or other paper
(6) Memoranda
(7) Petition for certiorari, mandamus or prohibition against any interlocutory order
issued by court
(8) Motion to declare the defendant in default
(9) Dilatory motions for postponement
(10) Reply
(11) Third party complaints
(12) Interventions
NOTES
(4) Chairmen and members of Constitutional Commissions, without
prejudice to the provisions of the Constitution
(5) All other national and local officials classified as Grade 27 and
higher
b) Other offenses or felonies whether simple or completed with other crimes
committed by the public officials and employees mentioned in subsection “a”
C. CRIMINAL JURISDICTON OF THE SANDIGANBAYAN of this section in relation to their office
(P.D 1606 as amended by RA 7975 and RA 8249) c) Civil and criminal cases filed pursuant to and in connection with Executive
1. The jurisdiction of the Sandiganbayan is set by PD 1606 as amended and not by Order Nos. 1, 2, 14 and 14-A issued in 1986.
RA 3019 or Anti-graft and corrupt practices act  In cases where none of the accused are occupying positions corresponding to Salary Grade
2. Applicable law provides: 27 or higher or military and PNP officers
Sec 4 Jurisdiction –Sandiganbayan shall exercise original jurisdiction in all cases - EOJ : thereof shall be vested in the proper regional trial court, metropolitan trial court,
involving municipal trial court and municipal circuit trial courts
a) Violation of RA 3019 otherwise known as Anti-graft and corrupt practices act  Sandiganbayan shall exercise exclusive appellate jurisdiction over petitions for issuance of
and RA 1379 and Chapter II, Section 2, Title VII, Book II of RPC - Writ of mandamus
- Where one or more of the accused are officials occupying the following
- Prohibition
positions in the government
- Whether in a permanent, acting or interim capacity AT THE TIME OF THE - Certiorari
COMISSION OF THE OFFENSE - Habeas corpus
(1) Officials of the executive branch occupying the positions of regional - Injunctions
director and higher of the Compensation and Position Classification - And other ancillary writs and process in aid of its appellate jurisdiction and over petitions
Act of 1989 RA 6758 specifically including of similar nature, including quo warranto
(a.) Provincial governors, vice-governors , members of the
- Provided that the jurisdiction over these petitions shall not be exclusive of the Supreme
sangguniang panlalawigan and provincial treasurers, assessors,
engineers and other provincial department heads Court
(b.) City mayors, vice-mayors, members of sangguniang palungsod,  In all cases elevated to the Sandiganbayan and from the Sandiganbayan to the Supreme
city treasurer, assessors, engineers, and other city department Court, the Office of the Ombudsman through its special prosecutor, shall represent the People
heads of the Philippines except in cases pursuant to E.O 1,2,14 and 14-A issued in 1986
(c.) Officials of the diplomatic service occupying the position of - In case private individuals are charged as co-principals, accomplices or accessories with
consul or higher the public officers or employees, including those employed in GOCC
(d.) Philippine army and air forces colonels, naval captains and all
- They shall be tried jointly
officers of higher ranks
(e.) Officers of Philippine National Police while occupying the - An official no longer has to be a principal accused ; he may simply be an accessory
position of provincial director and those holding the rank of
senior superintended or higher OFFENSES SUBJECT TO THE JURISDICTION OF THE SANDIGANBAYAN
(f.) City and provincial prosecutors and their assistants and officials
and prosecutors in the Office of the Ombudsman and special  Jurisdiction of the Sandiganbayan isnot confined to violations of the Anti-Graft and Corrupt
prosecutors practices Act.
(g.) Presidents, directors or trustees or managers of GOCC, state a) Violations of RA 3019 otherwise known known as the Anti-Graft and Corrupt
universities or educational institution or foundations Practices Act
(2) Members of Congress and officials thereof classified as Grade 27
b) Violations of RA 1379 or otherwise as An Act Declaring Forfeiture in Favor of the
and up
(3) Members of the judiciary without prejudice to the provisions of the State of Any Property Found to have been unlawfully acquired by any public
Constitution officers or employees.
10 | A l e e z a h G e r t r u d e
NOTES
c) Violations of Chapter II, Sec 2, Title VII, Book II of RPC STUDENT REGENT OF STATE UNIVERSITY IS A PUBLIC OFFICER
- Refer to law on bribery in all forms including corruption of public officer
d) Other offenses or felonies whether simple or complexed with other crimes  Performs functions similar to those of a board of trustees of a non-stock corporation
commtted by public officials
- Offenses or felonies : so broad in meaning and are not restricted to the laws earlier mentioned OFFENSES COMMITTED IN RELATION TO THE OFFICE
- Must be committed in relation to their office
 The relation has to be such that : in the legal sense, the offense cannot exist without the
e) Civil and Criminal offenses filed pursuant to and in connection with EO 1,2,14 and
office
14-A
 However, even if the position is not an essential ingredient of the offense charged
- Sec 2 of E.O 1 : expressly granted PCGG the authority to recover ill gotten wealth
- IF the information avers the intimate connection between the office and the offense, this
OFFICIALS AND EMPLOYEES WITH A SALARY OF “27” OR HIGHER would bring the offense within the definition of an offense, committed in relation to the
public office
 Law mentions salary grade “27” only in relation to the following officials  Intimately connected = office of the offender & perpetrated while he was in the
(a.) Officials of the executive branch, occupying the position of regional director and performance of his official functions, even if public office is not the element of the
higher offense charged
(b.) Members of congress or officials thereof  Important : complaint or information must allege the intimate relation between the
(c.) All other national and local officials . These officials who are not enumerated in offense charged and the discharge of official duties because the factor that characterizes
letters “a” to “g” of Sec 4 (a) (1) the charge is the = ACTUALRECITAL OF THE FACTS IN THE COMPLAINT OR
 The salary grade of 27 has no reference
INFORMATION
- Provincial governors, vice governors or members of the sangguniang panlalawigan,  Stringent requirement that the charge be set forth with such particularity as will
sangguniang panlunsod, directors or managers of GOCC, city mayors, vice mayors,
city treasurers , assessors, engineers, trustees of state universities and other officials reasonably indicate the exact offense which the accused is alleged to have committed in
enumerated in Sec 4(a) (1) from letters a to g relation to his offense was, not satisfied.
** regardless of their salary grades - Mere allegation in the amended information that the offense charged was committed
OFFICERS FALLING BELOW SALARY GRADE 27
An offense is deemed to be committed in relation to the public office of the accused when
 While the first part of Sec 4 of P.D 1606 covers only officials of the executive branch with (a.) Such is an element of crime charged
the salary grade 27 and higher, the second part thereof specially includes other executive (b.) Or wwhen the offense charged is intimately connected with the discharge of the
officials whose positions may not be of grade 27 and higher but who are by express provision official function of the accused
of law, placed under the jurisdiction of the said court
 Those that are classified as Salary Grade 26 and below may still fall within the jurisdiction
JURISDICTION OF THE SANDIGANBAYAN OVER PRIVATE PERSONS; EFFECT
of the Sandiganbayan provided that they hold the positions thus enumerated in the same law
OF DEATH OF PUBLIC OFFICER
SALARY GRADE ALONE DOES NOT DETERMINE THE JURISDICTION OF THE  Private persons may be charged in conspiracy with public officers
SANDIGANBAYAN  Even if the public officer with whom he was alleged to have conspired, died prior to filing
of the information
 It is not only the salary grade
 Only thing extinguished by the death of public officer is criminal liability
 Sandiganbayan also has jurisdiction over other officers enumerated in PD 1606
 Second part of Sec 4 (a) thereof specifically includes other executive officials whose
ANTI-MONEY LAUNDERING CASES
positions may not be with salary grade 27 and higher but under the jurisdiction of SB
NOTES
 Committed by public officers and private persons who are in conspiracy with such public CHAPTER II
officers
PROSECUTION OF OFFENSES
PLUNDER LAW
(RULE110)
 “Until otherwise provided by law, all prosecutors under this act shall be within the exclusive
jurisdiction of the Sandiganbayan” (Sec 5, RA 9160, Anti-Money Laundering act ) I. INSTITUTION OF CRIMINAL ACTIONS
FORFEITURE CASES PURPOSE OF CRIMINAL ACTION; ROLE OF PRIVATE OFFENDED PARTY
 Any property found to have been unlawfully acquired by public officers or employees shall PURPOSE
be forfeited in favor of state
 RA 1379 arises out of a cause of action separate and different from a plunder case  To determine the penal liability of the accused for having outraged the state with his
 In the prosecuton of plunder, what is sought to be established is the commission of criminal crime and if found guilty, punish him forit
acts in furtherance of the acquisition of ill gotten wealth.
PARTIES
 All that the court needs to determine by preponderance of evidence under RA 1379
- Disproportion of respondent’s properties to his legitimate income, it being unnecessary to  People of the Philippines and accused
prove how he acquired such properties  Interest of private complainant or private offended party : LIMITED TO CIVIL
LIABILITY
APPELLATE JURISDICTION OF THE SANDIGANBAYAN
 Complainant role is limited to: witness for the prosecution
 Over final judgments, resolutions, or orders or regional trial courts whether in the exercise
HOW CRIMINAL ACTIONS ARE INSTITUTED
of their own original jurisdiction of their appellate jurisdiction
 In cases where none of the accused are occupying positions corresponding to salary grade 27  Depends on whether or not the offense is one which requires a preliminary investigation
or higher, EOJ thereof
Preliminary Investigation is Instituted by filing the complaint with the proper
- Shall be vested in the proper regional trial court, metropolitan trial court municipal trial court required officer for the purpose of conducting the requisite
and municipal circuit trialcourt as the case may be preliminary investigation
Preliminary Investigation is (a.) By filing the complaint or information
AUTHORITY TO ISSUE WRITS AND OTHER PROCESSES not required DIRECTLY with MTC or MMTC
(b.) By filing the complaint with the office of
 Issuance of writ of the prosecutor
-mandamus
-prohibition
-certiorari INSTITUTION OF CRIMINAL ACTIONS IN MANILA AND OTHER CHARTERED
-habeas corpus CITIES
-injunctions
 Complaint shall be filed with the office of the prosecutor unless otherwise provided in their
-and other ancillary writs and processes in aid of its appellate jurisdiction and over petitions
charters
of similar nature including quo warranto
 Provided that the jurisdiction over these petitions shall not be exclusive to SC
NO DIRECT FILING IN THE REGIONAL TRIAL COURT
NOTES
 As a rule, there is no direct filing of an information or complaint with the RTC under Rule  When Act 3326 was passed, preliminary investigation could be conducted by justices of
110 peace; thus “institution of judicial proceedings for its investigation and punishment”
- Because jurisdiction covers offenses which require preliminary investigation - Proper filing of affidavit of complaint for preliminary investigation with the proper office
 Preliminary investigation is NOT to be conducted interrupted the running of the prescriptive period
- Penalty prescribed by law is LESS than 4 years, 2 months and 1 day
- MTC Prevailing rule
 RTC has jurisdiction over an offense punishable with imprisonment EXCEEDING 6 yrs Irrespective of whether the offense charged is punishable by RPC/Special law, it is
- Offense way above the minimum penalty for an offense that requires preliminary - The filing of complaint or information in the office of the public prosecutor for
purposes of preliminary investigation that interrupts the period of prescription
investigation
EFFECTS OF INSTITUTION OF CRIMINAL ACTION IN THE PRESCRIPTIVE

INTERRUPTION OF PERIOD OF PRESCRIPTION EVEN IF COURT IS WITHOUT
PERIOD
JURISDICTION
 Present rule: “institution of criminal action shall INTERRUPT the period of prescription of
 Filing of first charges should be considered as having interrupted the prescriptive period
the offense charged unless otherwise provided by special laws”
notwithstanding the lack of jurisdiction
 For offenses where a preliminary investigation is not required, the filing of the information
or complaint with MTC and MCTC or with the office of the prosecutor shall interrupt the II. PROSECUTION OF CRIMINAL ACTION
period of prescription of the offense charged
WHO MUST PROSECUTE THE CRIMINAL ACTION; WHO CONTROLS THE
RULE ON PRESCRIPTION FOR VIOLATIONS OF MUNICIPAL ORDINANCES AND PROSECUTION
SPECIAL LAWS
 Criminal action is prosecuted under the direction and control of the public prosecutor.
 Act No. 3326
 This applies to a criminal action commenced either by complaint or information (Sec 5,Rule
- Law which governs for prescription for violations penalized by special acts and municipal
110 ROC)
ordinances
 Even if there’s a private prosecutor, the criminal action is still prosecuted under the direction
- Period of prescription shall be suspended when proceedings are instituted against the guilty
and control of the public prosecutor.
person = judicial proceeding (x) administrative proceeding
- Rationale –Since criminal offense is an outrage against the sovereignty of the state, it
 Sec 2 of the law provides
necessarily follows that a representative of the State shall direct and control the prosecution
- Prescription begins from
thereof. The rule is also founded on the theory that a crime is a breach of security and peace
(a.) The commission of the crime or
of people at large
(b.) From the discovery thereof and the institution of judicial proceedings
for its investigation and punishment CONSEQUENCES OF THE RULE THAT A CRIMINAL ACTION IS PROSECUTED UNDER
 Conflict between Act 3326 and Rule 110 THE DIRECTION AND CONTROL OF THE PUBLIC PROSECUTOR
- Latter must yield
- Court, in exercise of its rule making power is not allowed to diminish , increase or modify POWERS OF A PUBLIC PROSECUTOR (3Ds)
substantive rights 1. Determine whether a prima facie case exists
 Recent cases conflict to above doctrine (Zaldivia) 2. Decide which of the conflicting testimonies should be believed free from the
- The filing of the complaint for purposes of preliminary investigation interrupts period of interference or control of the offended party
prescription of criminal responsibility 3. Subject only to the right against self-incrimination, determine which witnesses to
present in court
NOTES
- He has a wide discretion, whether, what and whom to charge. the real parties in interest and therefore only OSG can represent them in criminal
- GR: NOT EVEN THE SUPREME COURT can order the prosecution of a person against proceedings pending before the CA/SC.
whom the prosecutor does not find sufficient evidence to support a prima facie case.  The complainant or the offended party may however file an appeal without intervention of
- EX: Unmistakable showing of grave abuse of discretion the OSG –ONLY TO THE END OF PRESERVING HIS INTEREST IN THE CIVIL
 The public prosecutor may turn over the actual prosecution of the criminal case to the private ASPECT OF THE CASE.
prosecutor  The real parties I interest in the civil aspect of a decision are the offended party and the
o But he may at any time, take over the actual conduct of the trial. accused.
 If the public prosecutor wants to ask additional questions after the private prosecutor was  The public prosecutor has generally no interest in appealing the civil aspect of a decision
done, trial judge need not consult the private prosecutor before granting leave to the public acquitting the accused.
prosecutor.  Acquittal ends the work of the public prosecutor
 Violation of criminal laws is an affront to the People of the Philippines as a whole and not  OSG in criminal cases = appellate counsel of the people of the Philippines.
merely to the person directly prejudiced, he being merely the complaining witness.  While private prosecutor may be allowed to intervene in criminal proceedings on appeal in
o Presence of a public prosecutor in the trial of criminal cases is necessary to protect CA/SC, his participation is subordinate to the interest of the people; hence he cannot be
vital state interest permitted to adopt a position contrary to that of the Solicitor General
 The act of allowing the presentation of defense witnesses in the absence of complainant
public prosecutor or private prosecutor designated for the purpose = CLEAR EXCEPTION TO THE RULE THAT THE SOLICITOR GENERA REPRESENTS THE
TRANSGRESSION OF THE RULES WHICH WOULD NOT BE RECTIFIED BY PEOPLE IN THE CA/SC
SUBSEQUENTLY GIVING THE PROSECUTION A CHANCE TO CROSS-EXAMINE
THE WITNESSES  In “all cases elevated to the Sandiganbayan and from the Sandiganbayan to the SC, the Office
of the Ombudsman, through its special prosecutor,shall represent the People in the
Philippines except in cases filed pursuant to EO 1,2,14 and 14-A
PROSECUTION OF A CRIMINAL ACTION IN THE MUNICIPAL TRIAL COURT OR
MUNICIPAL CIRCUIT TRIAL COURT PROSECUTION FOR VIOLATION OF SPECIAL LAWS
 GR: Shall also be prosecuted under the direction and control of the prosecutor  Prosecuted pursuant to the provisions of said law.
 EX: When the prosecutor assigned is not available , the action may be prosecuted by  In the prosecution of special laws, the exigencies of public service sometimes require the
1. The offended party designation of special prosecutors from different govt agencies to assist the public
2. Any peace officer prosecutor.
3. Public officer charged with the enforcement of the law violated  Designation (x) detract the public prosecutor having control and supervision over the case
REPRESENTATION OF THE PEOPLE OF THE PHILIPPINES BY THE OSG IN APPEALS WHEN A PRIVATE PROSECUTOR MAY PROSECUTE A CASE EVEN IN THE ABSENCE
BEFORE THE CA OR SC OF THE PUBLIC PROSECUTOR
 According to jurisprudence, if there is a dismissal of a criminal case by the TC/ if there is an  A private prosecutor may prosecute the criminal action up to the end of trial, even in the
acquittal of the accused—only OSG may bring an appeal on the criminal aspect absence of the public prosecutor.
representing the people. - If he is authorized to do so in writing
o Rationale—party affected by the dismissal of the criminal action is the People and - The written authorization shall be given by either the Chief of the Prosecution Office/
not the petitioners who are mere complaining witnesses. People are deemed to be Regional State Prosecutor.
- The written authorization must be approved by court
NOTES
o Rationale for the written authorization—(a) Public prosecutor has a heavy work EFFECT OF FILING OF AN INDEPENDENT CIVIL ACTION ON THE RIGHT OF THE
schedule (b) Lack of public prosecutors OFFENDED PARTY TO INTERVENE IN THE PROSECUTION OF THE OFFENSE
EXTENT OF THE AUTHORITY GIVEN TO THE PRIVATE PROSECUTOR WHEN DULY  It does not deprive the offended party of the right to intervene in the civil action through a
AUTHORIZED TO PROSECUTE THE ACTION private prosecutor
 There are cases where criminal action also gives rise to AN INDEPENDENT CIVIL
 GR: Once authorize, the private prosecutor shall continue to prosecute the case up to the end ACTION (Physical injuries, fraud or defamation or when the act constituting a crime also
of trial, even in the absence of the public prosecutor constitutes a quasi-delict.
 EX: Authority is revoked or otherwise withdrawn  By virtue of its independent character as a distinct source of civil liability, the filing of a suit
based on a quasi-delict theory during the pendency of criminal proceeding, should not
III. INTERVENTION OF THE OFFENDED PARTY IN THE PROSECUTION OF THE prevent the intervention by the offended party in the prosecution of the offense
CRIMINAL ACTION - There still exists a civil liability under the RPC. Ex delicto civil liability in criminal
prsecution remains, and the offended party subject to the control of the prosecutor –still
 Fundamental principle in Criminal Law “Every person criminally liable for a felony is also
intervene in the criminal action to protect the remaining civil interest therein
civilly liable”
 Generally, a person convicted of a crime is criminally and civilly liable IV. PROSECUTION OF PRIVATE CRIMES
o Underlying legal principle : When a person commits a crime, he offends two entities
i. The society in which he lives/the political entity called the State, whose law he has violated PROSECUTION OF ADULTERY AND CONCUBINAGE
ii. Individual member of that society whose person, right, honor, chastity or property was
actually or directly injured or damaged by the same punishable act or omission  Shall not be prosecuted except upon a complaint filed by the offended spouse
 Civil liability for crime includes : Restitution, reparation of damages caused and  Prosecutor cannot prosecute the case where no complaint is filed by the offended spouse
indemnification for consequential damages
 It is because of the existence of a civil liability involved in a crime that the offended party is Illustrate case in book here:
allowed to intervene in the prosecution of an offense
 Sec 16, Rule 110 “where the civil action for recovery of civil liability is instituted, the
criminal action pursuant to the Rule 111 ,the offended party may intervene by counsel in the - Such rule however is not construed by the courts literally and with pedantic rigor
prosecution of the offense” - Legal requirement that a complaint be filed in court by the offended spouse to prosecute the
 Appointment of a private prosecutor is done by the offended party and it is a mode by which offense was imposed out of consideration for the aggrieved spouse who might prefer to suffer
he intervenes in the prosecution of an offense. the outrage in silence rather than go through the scandal of a public trial. Facts clearly showed
- Intervention is allowed where the civil action for recovery of civil liability arising from the desire of the offended spouse to bring his wife and her alleged paramour to justice.
offense charged is instituted in the criminal action - Court should be guided by the spirit rather than the letter of the law.
- Offense may not be instituted if the offended party consented or has pardoned the offenders.
Offended party may not intervene the prosecution of the offense through a private prosecutor
if the offended party PROSECUTION OF SEDUCTION, ABDUCTION AND ACTS OF LASCIVIOUSNESS
1. Waives the civil action
2. Reserves the right to institute it separately  Shall not be prosecuted except upon complaint by the offended party or her parents,
3. Institutes the civil action prior to criminal action grandparents or guardian nor, in any case, if the offender has been expressly pardoned by
- Right reserved by the Rules to the offended party is that of intervening for the sole purpose them
of enforcing the civil liability born of the criminal act and not of demanding punishment of  Pardon must be expressly made.
the accused.
NOTES
 However, if the offended party dies or becomes incapacitated before she can file the IN WHOSE NAME AND AGAINST WHOM COMPLAINT IS FILED
complaint and she has no known parents, grandparents or guardian
 The state shall initiate the criminal action in her behalf  It is filed in the name of the People of the Philippines and against all persons who appear to
 State is the last and may do so only in the absence of the persons mentioned in Sec be responsible for the offense involved (sec 2,Rule 110)
5. Rule 110
 Offended party, even if a minor has the right to initiate the prosecution of the offense,
INDEPENDENTLY except if she is incompentent or incapable of doing so
 Where the minor fails to initiate the prosecution of the offense, the complaint may be filed
by the minor’s parents, grandparents or guardian ROLES IN CRIMNAL PROSECUTION
PRIVATE COMPLAINANT STATE
PROSECUTION FOR DEFAMATION Witness in the prosecution Represents people of the
Philippines OFFENDED
 Consists in the imputation of the offense of adultery, concubinage, seduction or acts of Civil liability Criminal Liability PARTY
lasciviousness - Offended party may appeal civil aspect even if the accused is acquitted in the criminal cases
 Only the offended party may initiate the criminal action
PROSECUTION OF RAPE
MEANING OF INFORMATION
 Reclassified as a crime against persons.
 May now be commenced in court even by fiing of an information BY A PUBLIC  Is an accusation in writing charging a person with an offense subscribed by the prosecutor
PROSECUTOR and filed with the courts
 Not required to be sworn
 Only a public officer described by the Rules of Court as prosecutor is authorized to subscribe
to the information
V. THE COMPLAINT AND INFORMATION
 Filed in the name of the People of the Philippines
MEANING OF COMPLAINT  Criminal prosecution primarily revolve around proving beyond reasonable doubt the
evidence of the elements of the crime charged
 Complaint is a sworn written statement charging a person with an offense, subscribed by the  Allegations in the information is crucial to the success or failure of a criminal prosecution.
offended party, any peace officer or other public officer, charged with the enforcement of
law violated COMPLAINT INFORMATION
 Not a mere statement Must be sworn (under oath) Requires no oath, merely requires that the
accusation be in writing
 Requirements : - Prosecutor filing the information is
1. Sworn acting under oath of his office
2. Written Subscribed by Subscribed by the prosecutor
3. Subscribed 1. Offended party
 Offended party 2. Any peace officer
 / Any peace officer 3. Other public officer charged with
the enforcement of law violated
 /Other public officer charged with the enforcement of the law violated
NOTES
INFIRMITY OF SIGNATURE IN THE INFORMATION - Cannot be made for the first time on appeal
- Accused-appellant should move before arraignment either for a bill of particulars, if he wants
 If the original information was signed and filed by one who had no authority to sign and file to know the exact date of the commission of the allege offense.
the same - He may also move for quashal of information if it does not conform to the prescribed form
o Dismissal of the information would NOT BAR SUBSEQUENT PROSECUTION - If he fails to pursue either remedy, he is deemed to have waived his objections to any formal
under a subsequent valid information defect in the information
o Jeopardy does not attach - Objections as to matters of forma and susbstance in the information cannot be made for the
 Infirmity in the information such as lack of authority of the officer signing it, first time on appeal
o CANNOT BE CURED BY: silence, acquiescence or even by express contract - WHERE OBJECTION IS BASED ON LACK OF JURISDICTION OVER THE SUBJECT
o Ground for quashal of the information MATTER –may be raised or considered motu proprio by the court at any stage of the
proceedings or on appea
SUFFICIENTCY OF THE COMPLAINT OR INFORMATION
 Sufficient if it contains the following: HOW THE NATURE OF THE OFFENSE IS DETERMINED
1. Name of the accused
o If committed by more than 1 person, all of them shall be included in the - Not from the caption or preamble of the information or from the specification of the
complaint/information provisions of law alleged to have been violated, which are mere conclusions of law
2. Designation of the offense given by statute - BUT BY THE ACTUAL RECITAL OF THE FACTS IN THE COMPLAINT OR
3. Acts/omissions complained of as constituting the offense INFORMATION
4. The name of the offended party - Every element of the offense must be stated in the information
5. Approximate date of the commission the offense  To inform the accused of the nature and accusation against him so as to enable him
6. Place where the offense is committed to suitably prepare his defense
 TEST – WHETHER THE CRIME IS DESCRIBED IN INTELLIGIBLE TERMS WITH  Presumption is that the accused had no independent knowledge of the fact that
SUCH PARTICULARITY AS TO APPRISE THE ACCUSED WITH REASONABLE constitute the offense.
CERTAINTY OF THE OFFENSE CHARGED TO ENABLE THE ACCUSED TO - Even if the designation of crime in the information is defective, what is controlling is the
SUITABLY PREPARE FOR HIS DEFENSE allegation of the facts in the information that compromises a crime and adequately describes
 He is presumed to have no independent knowledge of the facts that constitute the offense the nature and cause of the accusation against the accused
 For an information to be sufficient, it must validly charge an offense.
DATE OF COMISSION OF THE OFFENSE
 Whether information validly charges an offense depends on whether the material facts
alleged in the complaint or information shall establish the essential elements of the offense
- No necessary : precise date
charged
- Except when date of the commission is a material element of the offense
o The rule that evidence must be presented to establish the existence of the
elements of crime to the point of moral certainy is only for the purpose
of conviction
o NO APPLICATION in the determination of whether or not an HOW TO STATE THE NAME OF THE ACCUSED
information is sufficient to warrant the trail of the accused
- Section 7. Name of the accused. — The complaint or information must state the name
QUESTIONING THE INSUFFICIENCY OF THE COMPLAINT OR INFORMATION and surname of the accused or any appellation or nickname by which he has been or is known.
NOTES
If his name cannot be ascertained, he must be described under a fictitious name with a
statement that his true name is unknown.
If the true name of the accused is thereafter disclosed by him or appears in some other manner
to the court, such true name shall be inserted in the complaint or information and record. (7a)
(REFER TO HANDWRITTEN NOTES)
NOTES
V. VENUE OF CRIMINAL ACTIONS GR: The offense must be instituted and tried in the place where the same was committed
 As a rule, it shall be instituted and tried in the court of the municipality/territory Exception:
1. Where the offense was committed
2. Where any of its essential ingredients occurred WHEN A COURT HAS JURISDICTION TO TRY OFFENSES NOT COMMITTED
 The lone allegation in an information that the crime of estafa was committed within the WITHIN ITS TERRITORIAL JURISDICTION
jurisdiction of RTC Makati is not sufficient
1. Article 2 of RPC
 It must allege that any of the elements of estafa were committed in Makati Art. 2. Application of its provisions. — Except as provided in the treaties and laws of preferential application, the
provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its
VENUE; AN ELEMENT OF CRIMINAL JURISDICTION interior waters and maritime zone, but also outside of its jurisdiction, against those who
1) Should commit an offense while on a Philippine ship or airship
 One of the fundamental principle in criminal procedure –Court cannot exercise jurisdiction 2) Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities
issued by the Government of the Philippine Islands;
over a person charged with an offense committed OUTSIDE its limited territory 3) Should be liable for acts connected with the introduction into these islands of the obligations and securities
 Venue in a criminal case is a jurisdictional matter.  IT IS AN ELEMENT OF mentioned in the presiding number;
JURISDICTION 4) While being public officers or employees, should commit an offense in the exercise of their functions; or.
5) Should commit any of the crimes against national security and the law of nations, defined in Title One of Book
 RATIONALE
Two of this Code
 The jurisdiction of trial courts are limited to the well defined territories. It can only  Cognizable before PH courts even if committed outside the territory of PH.
hear and try cases involving crimes committed within its territorial jurisdiction  Cognizable by court where the criminal action was first filed
 Necessity of justice of having an accused on trial in the municipality or province where 2. Supreme Court pursuant to its constitutional powers, orders the change of venue/ place –to
the witnesses and other faculties for his defense are available. avoid a miscarriage of justice
 It would cause the accused great inconvenience in looking for his 3. Offense committed in a train, aircraft or other public or private vehicle in the course of a trip
witnesses and other evidence in another place  It may be instituted and tried in the court of any municipality or territory where the said
 It is not enough to allege in the complaint or information –the place of the commission of the T.AO passed during its trip.
crime. It must also be proven during trial  It may also be instituted in the place of departure/arrival
 An objection may be raised on the ground that the court lacks jurisdiction over the 4. Offense committed on board a vessel in the course of voyage
offense charged or such lack may be considered motu propio by the court at any  It may be instituted and tried in the court of first port of entry / court of the municipality
stage of the proceedings or appeal or territory where the vessel passed during the voyage
 Difference from #3: the place of departure and arrival are not included
5. Where the case is cognizable by the Sandiganbayan
 GR: Where the court actually sits
IMPROPER VENUE
 Ex: When the greater convenience of the accused and of the witnesses or other
CIVIL CASE CRIMINAL CASE compelling considerations so require, a case originating from one geographical region
The ground for motion to The ground for motion to quash –the court trying may be heard in another geographical region, and where interest of justice requires,
dismiss –venue is improperly the case has no jurisdiction over the offense outside the territorial bounderies of the Philippines
laid charged 6. Offense is written defamation
IMPROPER VENUE = LACK OF  Not necessarily in the RTC of the province or city where the alleged libelous article
JURISDICTION was first printed or published
 Province or city where the offended party held office at the time of the commission
of the offense (public officer)
NOTES
 Province or city where he actually resided at the time of the commission of the  The crime of perjury: committed through making a false affidavit – committed at the time
offense (private individual) the affiant subscribes and swears to his/her affidavit : ALL ELEMENTS OF CRIME OF
7. Libel PERJURY ARE EXECUTED
 Information must allege with particularity where the defamatory article was printed  When the crime committed through false testimony under oath in a proceeding which is
and first published neither criminal nor civil, venue = the place where the testimony or oath is given
 Case: How about a website?  In lieu of or as supplement to actual testimony made in a proceeding which is neither criminal
o (x) on the place where the material was first accessed (x) = printing & nor civil –a written sworn statement is submitted –venue may either be at the place where
first publication the sworn statement is submitted or where the oath was taken as the taking of oath and
o Such interpretation would spawn the very ills that the amendment to Art the submission are both material ingredients of the crime committed
360 of RPC sought to discourage and prevent  In all cases, determination of venue –based on acts alleged in the information constitutive of
o Would open the floodgates  to the libel suit being filed in all other the crime committed
locations where the website is likewise accessed. 2. Sec 9 of RA 8042 (Migrant workers and Overseas Filipino Act of 1995)
 Merely alleging that the newspaperis a daily publication with a considerable  Criminal action (Illegal recreuitment) shall be filed not only in the RTC of province or city
circulation in City of Iloilo and throughout the region (x) establish that the said where the offense was committed
publication was printed and first published in Iloilo city  It may also be filed where the offended party actually resides at the time of the commission
 Merely alleging that the offended party is a physician and medical practitioner in of the offense. (Alternative venue)
a particular place (x) mean that such person is a resident therein 3. Violations of B.P 22
 Mere allegation that a defamatory article was published in “Smart File” a magazine  Transitory and continuing crime –acts material and essential thereto occur in one
of general circulation in Manila (x) the printing of the said magazine is in Manila municipality or territory while some occur in another
8. The civil action for damages in cases of written defamation  Place where any element of the offense occurred: WHERE THE CHECK IS I.D.D
 Filed simultaneously with the criminal action or; (a.) Issued
 Even if filed separately shall also be filed with the RTC (b.) Delivered
(c.) Dishonored
 Hence  if civil action is separately filed, there is no need to compute the
4. Estafa by postdating or issuing a bad check
jurisdictional amount as provided for under B.P 129 ; law itself specifies : RTC as
the court of jurisdiction in civil action for damages  May be a transitory or continuing offense.
 Its basic elements of deceit and damage may arise independently in separate places
 TAKE NOTE: There is no need to determine the residence of the plaintiff or
5. The concept of transitory or continuing crimes (x) a new one
residence of the defendant. Instead, the venue as a rule is the place where the
 Some acts material and essential to the crime occur in one province and some in another. It
libelous article was printed & first published or where any of the offended
parties actually resides at the time of the commission of the offense. is settled that the court of either province where any of the essential ingredients of the crime
took place has –jurisdiction to try the case
VENUE OF SELECTED OFFENSES Estafa, malversation, abduction, kidnapping and illegal detention
1. Perjury  There are however crimes which although all elements for its consummation may have
 The criminal act is consummated when the statement containing a falsity is subscribed and occurred in a single place, yet by the very nature of the offense committed –the violation of
sworn before the duly authorized person law is deemed continuing.
Illusorio v Bildner Sy Tiong v. Sy Chim Union Bank of PH v. People Crime of evasion of sentence
Where the false Where the false statement was Where it is subscribed and sworn  Theft is not a continuing offense.
document was subscribed and sworn
presented
HOW TO STATE THE PLACE OF THE COMMISSION OF THE OFFENSE
NOTES
 Sufficient –It can be understood from the allegations in the complaint or information that GR: No need 2. Amendment does not prejudice the rights of
the offense was committed or some of its essential elements occurred at some place within Ex: Below the accused
the jurisdiction of the court Leave of court is required if (even After the arraignment any substantial amendment
 Where the particular place where the offense was committed is an essential element of the before plea) is proscribed
1. The amendment downgrades - Except if the same is beneficial to the accused.
offense/necessary for its identification
the nature of the offense
- It is implied from the rule that the description of the place of commission MUST BE charged There can be no substantial amendment after the
SPECIFIC. 2. The amendment excludes any plea—why?
accused from the complaint or 1. Violates the right of the accused to be
information informed of the nature and cause of the
VII. AMENDMENT OR SUBSTITUTION OF THE COMPLAINT OR INFORATION ASIDE FROM THE LEAVE OF accusation against him
COURT 2. It violates the rule on double jeopardy –
MEANING OF AMENDMENT 1. Motion by prosecutor previous case shall be dismissed and a
2. Notice to the offended party subsequent information containing the same,
 Correction of an error or an omission in a complaint or an information Rationale attempted, frustrated, necessarily includes or
 To inform and protect the necessarily included offense shall be filed.
offended party that there will
HOW IS IT EFFECTED
be a change in favor of the
accused
By adding  An allegation
 by preventing the prosecuting
/Striking out  Name of any party
officer from exercising
 Correcting a mistaken or inadequate allegation or description in any other
respect oppressively its unlimited
WHY? –so that the actual merits of the controversy may be speedily be determined without regard to discretion to amend
technicalities and in the most and expeditors and inexpensive manner (Sec 1, Rule 10 ROC)
Requisites of Double Jeopardy
1. Complaint or information or other formal charge was sufficient in form and substance to
sustain a conviction and the court had jurisdiction
2. The accused had been arraigned and the accused entered a valid plea
3. There was a final judgment of conviction or acquitted or the case was dismissed without his
express consent
AMENDMENT OF THE INFORMATION OR COMPLAINT BEFORRE PLEA; NO 4. Then a subsequent complaint or information is filed containing a crime that is
NEED FOR LEAVE; WHEN LEAVE OF COURT IS REQUIRED EVEN IF THE (a.) The same offense
AMENDMENT IS MADE BEFORE PLEA; AMENDMENT AFTER PLEA (b.) An attempt to commit such offense
(c.) A frustration of the said offense
BEFORE PLEA AFTER THE ACCUSED ENTERS PLEA (d.) Any offense which necessarily includes the 1st offense charged
Complaint or information may be Any formal amendment may only be made under 2
(e.) Any offense which necessarily included the 1st offense charged
amended in form or in substance conditions
- Without need for leave of court 1. Leave of court: secured
WHEN AMENDMENT IS FORMAL OR SUBSTANTIAL
NOTES
FORMAL SUBSTANTIAL  Complaint or information may be substituted if it appears at any time before judgment that a
Does not change the nature of the crime Charges another offense different from that mistake has been in made in charging the proper offense
alleged therein charged in the original one  In such case, the court shall dismiss the original complaint or information once the new one
Does not affect the essence of the offense Alters the prosecution’s theory of the case charging the proper offense is filed provided that the accused will not be placed in double
, cause surprise or deprive the accused of
jeopardy.
an opportunity to meet the new averment
Examples ng wiz substantial and mere formal Examples of substantial amendments  Dismissal of the original complaint or information is subject to the provision of Sec 19 of
1. Substitution of private complainant 1. Amendment of date 1946  1969(disparity is Rule 199.
2. Mere change of date (disparity is not so so great as to defy approximation in the  If it becomes manifest at any time before judgment that the accused cannot be
great) commission of one and the same offense.
3. New allegations relate only to the range 2. Robbery  Robbery in an uninhabited place
convicted of the offense charged or of any other offense necessarily included
of penalty that court might impose (Higher penalty) therein as when a mistake has been made in charging the proper offense
4. Does not charge another offense different 3. Allege relationship of accused to the victim  The court, nevertheless shall commit the accused to answer for the proper offense
and distinct from that charged
by requiring the filing of the proper court information
5. Additional allegations which do not alter
the prosecution’s theory  The accused shall not be discharged if there appears good cause to detain him.
6. An amendment which does not adversely 
affect any substantial rights of the accused
7. An amendment that merely adds
specifications to eliminate vagueness in AMENDMENT SUBSTITUTION
the information and not to introduce new Both may be made before or after the defendant pleads
and material facts & merely states with Applicability
additional precision something that is Involves the same, attempted, frustrated, Involves a different offense
already contained in the original necessarily includes or necessarily included
information offense
8. Doctrine of supervening event (Frustrated Scope
to Consummated murder) May involve either formal or substantive Involves the substantial
9. Merely raises the penalty and did not
changes charge—from the original
charge another offense
10. 4 separate information for illegal charge
Necessity of leave of court
recruitment  1 single information for
illegal recruitment in a large scale Before Plea Substitution of information
11. Insertion of a real name - Can be effected without leave of court must be with leave of court –as
12. Inclusion of an additional accused - **remember the Ex the original information has to
(conspiracy) accused is the principal After Plea be dismissed
- Can be effected only when there is
leave of court
THE TEST –when the rights of an accused are prejudiced by the amendment of the complaint or Necessity of another preliminary investigation
information Amendment: only as to form Another preliminary

- No need for another preliminary investigation is entailed and
investigation and retaking of plea of the accused has to plead anew
 When the defense of the accused, under the original complaint or information WOULD NO
accused to the new information
LONGER BE AVAILABLE AFTER THE AMENDMENT IS MADE Applicability on Double Jeopardy
 And When any EVIDENCE the accused might have would be INAPPLICABLE to the An amended information refers to the same Requires or presupposes that
complaint or information as amended, offense charged in the original information the new information involves a
or to an offense which necessarily includes different offense which does
SUBSTITUTION OF THE COMPLAINT OR INFORATION or is necessarily included in the original not include or is not
charge
NOTES
- Hence substantial amendments to the necessarily included in the Ratio:
information after plea has been taken original charge
cannot be ,made over the objection of - Hence the accused cannot - When a person commits a crime, he offends two entities.
the accused claim double jeopardy 1. The society in which he lives in or the political entity called the state whose law
- For if the original information would be has been violated
withdrawn, the accused could invoke
2. The individual member of that society whose person, right, honor, chastity or
double jeopardy
property was actually or directly injured or damaged by the same punishable act or
omission
VARIANCE BETWEEN ALLEGATION AND PROOF
Civil Action
Offense is less serious Offense proved is more Offense proved is - In which the offended party is the plaintiff and the accused is the defendant
than and is necessarily serious than and neither included in, nor  Deemed instituted with the criminal action
included in the offense includes the offense does it include the UNLESS
charged charged offense charged and is 1. The offended party waives the civil action
different therefrom 2. Reserves the right to institute it separately
= defendant shall be = defendant shall be = Court shall dismiss the 3. Institutes the civil action prior to the criminal action
convicted of the convicted of the offense action and order the When does this rule (x) apply?
offense proved charged filing of a new - Before the filing of the criminal action or information. (redundant pero duh?)
information charging - No civil damage results from the offense
the proper offense
CHAPTER 3:
WHAT’S THE EFFECT WHEN THE ACCUSED IS ACQUITTED OR THE CASE
PROSECUTION OF CIVIL ACTION AGAINST HIM IS DISMISSED
(RULE 111) Failure of prosecution to prove his guilt beyond reasonable doubt
 Civil action is NOT AUTOMATICALLY EXTINGUISHED
IMPLIED INSTITUTION OF CIVIL ACTION WITH THE CRIMINAL ACTION  Since the liability of the accused can be determined by mere preponderance of
evidence.
 When a criminal action is instituted the civil action for the recovery of the civil liability PURPOSE OF THE CRIMINAL AND CIVIL ACTIONS
arising from the offense charged shall be deemed instituted with the criminal action (Sec 1
(a) Rule 111 ROC CRIMINAL CIVIL
 **NOTICE –civil action deemed instituted is that which ARISES FROM THE OFFENSE To punish the offender in order to deter him Sole purpose is for resolution, reparation
and others from committing the same or or indemnification of the private
CHARGED –
similar offense. offended party for the damage or injury
To isolate him from society he sustained by reason of the delictual or
Basis: Art 100 of RPC To reform and rehabilitate him felonious act of the accused
Or in general—to maintain society order
- Article 100. Civil liability of a person guilty of felony. - Every person criminally liable for a
felony is also civilly liable.
 GR: every act or omission punishable by law has its accompanying civil liability. INTERVENTION OF THE OFFENDED PARTY
 So what’s the takeaway? –A criminal case has two aspects [civil & criminal]
- Yes he may intervene
NOTES
 Suffered injury as a result of the offense  Rules on Civil procedure –pertain to a civil action arising from the initiatory pleading that
 He may intervene by counsel in the prosecution of the offense –where civil action for the gives rise to the suit
recovery of civil liability is instituted in the criminal action
WHEN A CIVIL ACTION MAY BE PROCEEDED INDEPENDETLY; INDEPENDENT
Instances where civil damage does not result from an offense CIVIL ACTION/QUASI-DELICS
 Espionage
 Violation of neutrality Single act or omission
 Flight to an enemy country
 Crime against popular representation - Causes damage to offended party may give rise to 2 separate civil liabilities on the part of
Perjury the offender
(1) Civil liability ex delicto –Art 100 of RPC
- (Lee Pue Liong v. Chua Pue Chin Lee) Inherently intertwined with the criminal action
- Petitioner claimed that the crime of perjury does not offend any private party. It is a crime (2) Independent civil liability –pursued independently
which offends only public interest Civil Code
- SC ruled : allegation of the loss of TCT is injurious to the respondent’s personal credibility Art 31 civil action is based on an obligation not arising from the act or
and reputation insofar as his faithful performance of the duties and responsibilities as omission complained of as a felony,
corporate treasurer. Art32. Any public officer or employee, or any private individual, who
- There is therefore a civil action deemed instituted with the criminal action to justify the directly or indirectly obstructs, defeats, violates or in any manner
appearance of a private respondent impedes or impairs any of the following rights and liberties of
another person shall be liable to the latter for damages:
Art 33 defamation, fraud, and physical injuries a civil action for
JUDGMENT OF CONVICTION INCLUDES JUDGMENT ON THE CIVIL LIABILITY
damages, entirely separate and distinct from the criminal action,
may be brought by the injured party.
 Because of the rule that the civil action is impliedly instituted with the criminal action
Art 34 member of a city or municipal police force refuses or fails to
 TC should in case of conviction, state the civil liability or damages caused by the wrongful render aid or protection to any person in case of danger to life or
act or omission to be recovered from the accused by the offended party property, such peace officer shall be primarily liable for damages,
 (IF) –there is any and if the filling of civil action has not been reserved, previously instituted and the city or municipality shall be subsidiarily responsible
or waived. therefo
2176 Whoever by act or omission causes damage to another, there
REAL PARTIES IN INTEREST IN THE CIVIL ASPECT OF THE CASE being fault or negligence, is obliged to pay for the damage done.
Such fault or negligence, if there is no pre-existing contractual
Offended party Accused relation between the parties, is called a quasi-delict and is
- Hence EITHER may appeal the civil aspect of the judgment despite the acquittal of the governed by the provisions of this Chapter.
2000 Rules of Criminal Procedure
accused.
- The public prosecutor has generally no interest in appealing the civil aspect of the decision—
 Clarified what civil actions are deemed instituted in a criminal prosecution.
the acquittal ends his work
 Under the Rules, ONLY civil liability of the accused arising from the crime charged is
deemed included in a criminal action.
RULE APPLICABLE.
 Hence civil actions above remain separate, distinct and independent of any criminal
 Governing law : Rules on criminal procedure, not the rules on civil procedure prosecution which may be based on the same act
 Article 2177. Responsibility for fault or negligence under the preceding article is entirely
separate and distinct from the civil liability arising from negligence under the Penal Code.
NOTES
But the plaintiff cannot recover damages twice for the same act or omission of the RESERVATION OF THE CIVIL ACTION
defendant.(n)
 Apparent, that what law proscribes is double recovery  Made before the prosecution starts presenting evidence.
 Reconcile with Section 3, Rule 111  Who? –Offended party
“xxx in case however, may the offended party recover damage twice for the same act or  Under circumstances that would afford the offended part reasonable opportunity to make
omission charged in the criminal action such reservation
 Article 2176 –arises from a source of obligation distict from the crime
 Articles 32,33 and 34 of CC : sources of obligation arising from the direct provision of law RESERVATION IS NOT REQUIRED
CRIMINAL CASE BASED ON DEFAMATION  Art 32,33, 34,2176 of CC—filed separately and prosecuted independently
 Failure to make reservation—not a waiver of the right to file a separate and independent civil
 Based on defamation, fraud or physical injuries –independent civil action distict from the action based on these articles of CC
civil action which is the consequence of the criminal act  It is the law which has made the reservation for such civil action
 When a criminal complaint for estafa alleges it is based on fraud –an independent civil action
also exists which could proceed independently of criminal action. CIVIL LIABILITY IN BP 22
 Civil action based on fraud (x) operate as a prejudicial question to stop the proceeding of a
 Payee of the check is entitled to receive the payment of the money for which the worthless
criminal case.
check was issued
CONSEQUENCES OF INDEPENDENT CIVIL ACTIONS UNDER ART 32, 33, 34 AND  Having caused damage, the offended party is entitled to recompense
2176 OF CC  Civil action DEEMED INSTITUTED
(1) Right to bring civil action shall proceed independently of the civil action and regardless NO RESERVATION OF THE CIVIL ACTION IN BP 22
of the results of the latter
 While the rule allows the offended party to reserve the right to institute the civil action, such
(2) The quantum of evidence required is preponderance of evidence
right does not apply to the prosecution of criminal action for BP 22: which is the law on
a. Right to bring the foregoing actions based on CC need not be reserved in the
bouncing checks
criminal action –since they are not deemed included therein
 What the rule prohibits—THE FILING OF RESEVATION OF CIVIL ACTION ARISING
b. The institution of waiver of the right to file a separate civil action arising from
FROM BP 22
the crime charged does not extinguish the right to bring an independent civil
 It does not prohibit the waiver or institution of civil action prior to criminal action
action
 Even under the amended rules—a separate proceeding for the recovery of civil liability in
c. Even if a civil action is filed independently, the ex delicto civil liability in the
cases of violation of BP 22 is allowed –WHEN THE CIVIL CASE IS FILED AHEAD OF
criminal prosecution remains and the offended party may—subject to the
THE CRIMINAL CASE.
control of the prosecutor still intervene in the criminal action –to protect the
remaining civil interest therein WHEN THE SEPARATE CIVIL ACTION IS SUSPENDED
WHEN THERE IS NO IMPLIED INSTITUTION OF CIVIL ACTION  After the criminal action is commenced—separate action arising therefrom cannot be
instituted until final judgment has been entered in the criminal action
(1) Offended party waives the civil action
 The preference given to the resolution of the criminal action
(2) Offended party reserves the right to institute the civil action separately
(3) Offeded party institutes the civil action prior to criminal action
NOTES
 If the offended party does so, the latter during the pendency of civil action, the criminal action - If the amount is not specified –but any of the damages is subsequently awarded, the
is commenced, the civil action already instituted SHALL BE SUSPENDED IN filling fees assessed in acc with rules shall constitute a first lien on the judgment
WHATEVER STAGE OF THE PROCEEDINGS IT MAY BE FOUND awarding such damages
- As long as no judgment on the merits yet has been entered
- The suspension shall last until final judgment
Teka ano ba yung lien?--any official claim or charge against property or funds for payment
- *** applies only to civil actions arising from the offense charged and not independent civil of a debt or an amount owed for services rendered
actions  40 different counts of BP 22 = filing fee/count
COUNTERCLAIM, CROSS CLAIM, THIRD PARTY CLAIM IN A CRIMINAL ACTION EFFECT OF DEATH OF THE ACCUSED ON HIS CRIMINAL LIABILITY
 Court cannot entertain counterclaims, cross claims and third party complaints in the criminal When Effect
action Prior to final judgment Extinguishes criminal liability
 Why? –It is a criminal case : it is not the proper proceeding to deterimine private Example : pending appeal
complainant’s civil liability
 Court trying a criminal case –LIMITED TO DETERMINING THE GUILT OF THE
ACCUSED, AND IF PROPER TO DETERMINE HIS CIVIL LIABILITY
 Counterclaim –etc. subject to a separate civil action
EFFECT OF DEATH OF THE ACCUSED ON HIS CIVIL LIABILITY
When Effect
Dies after arraignment and during Civil liability of the accused arising from the crime
Conterclaim Third party claim Cross-claim pendency of action is extinguished
A claim by a defendant A claim made by a defendant a claim brought by one - Civil liability grounded on criminal action
opposing the claim of the within existing legal defendant against another Before arraignment Case dismissed BUT the dismissal shall be without
plaintiff and seeking some proceedings seeking to enjoin in the same proceeding. prejudice to any civil action which the offended
relief from the plaintiff for a person not party to the party may file against the estate of the accused
the defendant. original action, to enforce a  If the offended party desires to recover damages from the same act or omission complained
related duty. of, the party may file a separate civil action based on the other sources of obligation in
RULES ON FILING FEES accordance with Sec 4, Rule 111.
 Shall be paid when damages are being claimed by the offended party NOVATION: EXTINGUISHMENT OF CRIMINAL LIABILITY
(1) No filing fees required for actual damages claimed –unless required by the rules
(2) Filing fees shall be paid by the offended party upon the filing of criminal action  Novation is not one of the grounds prescribed by RPC for extinction of criminal liability
in court where he seeks for the enforcement of civil liability of the accused by  Example: in estafa, reimbursement or belated payment of the offended party of the money
way of (moral, nominal, temperate or exemplary damages) but OTHER THAN
ACTUAL DAMAGES and where the amount of such damages is specified in the swindled by the accused does not extinguish the criminal liability of the latter
complaint or information  It affects only the civil liability
NOTES
EFFECT OF ACQUITTAL OR CONVICTION ON THE PENAL ACTION ON THE  Does not extinguish criminal liability
CIVIL ACTION OR CIVIL LIABILITY
EFFECT OF JUDGMENT IN THE CIVIL CASE ABSOLVING THE DEFENDANT
 Extinction of the penal action does not carry with it the extinction of the civil action
 Accused found not criminally liable does not necessarily mean that he will not likewise be  Final judgment rendered in a civil action absolving a defendant from civil liability –NOT a
civilly liable. bar to a criminal action for the same act or omission
EFFECT OF ACQUITTAL OF THE ACCUSED ON HIS ADMINISTRATIVE CASE
 Not a bar to criminal action

 Unlike in criminal cases where the threshold quantum of evidence required is proof beyond
reasonable doubt,
 Only substantial evidence is necessary in administrative cases
TWO KINDS OF ACQUITTAL
SUBSIDIARY LIABILITY OF EMPLOYER
An acquittal on the ground that the accused is not the author of the act or omission
complained of  Before the employer’s subsidiary liability is enforced, adequate evidence must exist
 Closes the door to civil liability ; he cannot be liable ; civil liability is already out of establishing that : EI-DS
question 1. They are indeed an employer
Reasonable doubt on the guilt of the accused.
2. Engaged in some kind of industry
 Even if the guilt of the accused has not been established beyond reasonable doubt, he
is not exempt from civil liability 3. Crime committed by employee in the discharge of their duties
 Art 29 CC 4. Execution against the latter has not been satisfied due to insolvency
 Article 29. When the accused in a criminal prosecution is acquitted on the ground that his guilt  May be determined in the same criminal action.
has not been proved beyond reasonable doubt, a civil action for damages for the same act or
omission may be instituted. Such action requires only a preponderance of evidence. Upon motion
CONCEPT OF A PREJUDICIAL QUESTION
of the defendant, the court may require the plaintiff to file a bond to answer for damages in case
the complaint should be found to be malicious.
If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so  Arises in a case the resolution of which is a logical antecedent of the issue involved in the
declare. In the absence of any declaration to that effect, it may be inferred from the text of the criminal case and cognizance of which pertains to another tribunal.
decision whether or not the acquittal is due to that ground.  It is determinative of the criminal case, but the jurisdiction to try and resolve it is lodged in
 ROC requires that in case of an acquittal, the judgment shall state whether the evidence of
another tribunal
the prosecution absolutely failed to prove guilt of the accused or merely failed to prove his
 Based on a fact distinct and separate from the crime BUT so intimately connected with
guilt beyond reasonable doubt
the crime that it determines the guilt or innocence of the accused
 Acquittal of an accused does not prvent a judgment from still being rendered against him on
 It comes into play when a civil action and a criminal action are both pending and there exists
the civil aspect of the criminal case UNLESS –court finds and declares that the fact from
in the former case an issue which must be preemptively resolved before the latter case may
which the civil liability might arise did not exist
proceed.
 The failure of the prosecution to prove his criminal negligence with moral certainty did not
forbid the finding against him that there was preponderant evidence of his negligence to hold REASON FOR THE PRINCIPLE
him civilly liable
 Avoid two conflicting decisions in the civil and criminal case
EFFECT OF PAYMENT OF CIVIL LIABILITY
NOTES
REQUISITES FOR A PREJUDICIAL QUESTION (Sec 7, Rule 111) EFFECT OF EXISTENCE OF A PREJUDICIAL QUESTION ; SUSPENSION OF THE
CRIMINAL ACTION
(1) Previously instituted civil action involves an issue similar or intimately related to the
issue raised in the subsequent criminal action  Under Sec 6. Rule 111—the filing of petition before the suspension of the criminal action is
(2) The resolution of such issue determines whether or not the criminal action may proceed required.
[guilt/innocence of the accused would be necessarily be determined]  The rule therefore as it appears, precludes a motu proprio suspension by the court of criminal
(3) Jurisdiction to try said question must be lodged in another tribunal action
 Since the petition to suspend can be filed only in the criminal action, the determination of the
PREJUDICIAL QUESTION MAY NOT BE INVOKED WHEN pendency of a prejudicial question should be made at the first instance in the criminal action
–and not before the SC in an appeal from the civil action.
(1) Both cases are criminal (CC)  When there is a prejudicial question, the action to suspend the criminal and not the previously
(2) Both cases are civil (CC) instituted civil action.
(3) Both cases are administrative (AA)  Prejudicial question accords civil case a preferential treatment and constitutes an exception
(4) One is administrative and the other is civil (AC) to the general rule that the civil action shall be suspended when the criminal action is
(5) One case is administrative and the other is criminal (AC) instituted.
 Only when one is civil and the other is criminal
 Prejudicial question WILL NOT ARISE –when the criminal case was instituted prior to the General rule :
civil case If the civil action was commenced before the institution of the criminal action
- Because the rule does not merely refer to an instituted civil action but a “previously instituted = the civil action shall be suspended in whatever stage it may be found before the
civil action” judgment on the merits, once the criminal action is commenced
 Jurisprudence likewise declares that the civil action must be instituted prior to the institution  Suspension shall last until final judgment is rendered in the criminal action
Exception: Prejudicial question
of the criminal action.
 If the criminal action was filed ahead then there is no prejudicial question
 Prejudicial question is one that arises in the civil case and not in a criminal case. It is an issue
in the civil case which needs to be resolved first before it is determined whether or not the
criminal case should proceed or whether or not there should be in a criminal case a judgment
of acquittal or conviction.
 Not every issue raised in the civil action will result in a prejudicial question. SUSPENSION DOES NOT INCLUDE DISMISSAL
o It is critical to show that the issue in a civil case is determinative of the issue in a
criminal case. –the resolution of such issue determines whether or not the criminal  Rule authorizing the suspension of the criminal case by reason of prejudicial question does
action may proceed. not prescribe dismissal of the criminal action.
o Exact parameters of what is a “determinative” –(x) defined: leaving to the court  IT ONLY AUTHORIZES SUSPENSION
the task of adjudicating upon the existence or non-existence of that vital factor in  Suspension shall be made upon the grant of a petition for suspension
the application of the principle.
 If the resolution of the civil action will not determine the criminal responsibility of the WHERE TO FILE THE PETITION FOR SUSPENSION
accused in the criminal action based on the case facts—the civil action (x) involve a
 The filing for a petition for suspension does not require that the criminal case be already filed
prejudicial question.
in court
 Neither is there a prejudicial question if the civil and criminal action can proceed
 IT IS SUFFICIENT –that the case be in the stage of preliminary investigation as long as there
independently of each other.
has already been a previously instituted civil case.
NOTES
 Also, the petition for suspension is not to be filed in the civil case but in the criminal case
 The rule provides therefore that a petition for suspension of the criminal action may be
filed with the office of the prosecutor conducting the preliminary investigation
 When the criminal action has been filed in the court for trial, the petition to suspend
shall be filed in the same criminal action at any time before the prosecution rests
CASE ILLUSTRATIONS
Perjury
- Civil case and criminal case can proceed independently of each other
- Regardless of the outcome, it will not establish the innocence or guilt of the petitioner
Intra-corporate controversies
- Two cases of estafa
- If the supposed authority of petitioner is found to be defective, it is as if no demand
was ever made hence prosecution of estafa cannot prosper
BP 22 controversies
- Special class of cases with remarkably consistent rulings AGAINST the appreciation
of prejudicial question
- Mere issuance of worthless checks with the knowledge of the insufficiency of funds
to support the checks which constitutes the offense.
- Even if the accused is declared not liable for the payment of the value of the checks
and damages, he cannot be adjudged free from criminal liability
Bigamy
= Art 40 of CC requires a prior judicial declaration of nullity of previous marriage before
a party may remarry
- Declaration of nullity (x) a prejudicial question
- Outcome of civil case for annulment had no bearing upon the determination of guilt
or innocence in the criminal case for pigamy
WHEN AN ADMINISTRATIVE CASE IS DEEMED A CIVIL CASE
 A previously instituted administrative case is not, from the mere tenor of Sec 7, Rule 111,
not the action contemplated in the rules that would trigger the application of the rule on
prejudicial question
 Jurisprudence : an action for specific performance, even if pending with an administrative
agency raises a prejudicial question
AN INDEPENDENT CIVIL ACTION DOES NOT OPERATE AS A PREJUDICIAL

QUESTION
 Defamation, fraud and physical injuries
NOTES
CHAPTER IV guilt has been passed upon on a more or less summary proceeding by a competent
PRELIMINARY INVESTIGATION officer designated by law for that purpose.
Read with:
NATURE OF PRELIMINARY INVESTIGATION
2. Motions (a) Motion for Inhibition. - Motions for inhibition based on grounds provided for under
Rule 137 shall be resolved immediately or within two (2) calendar days from date of their filing.  Well established : conduct of preliminary investigation –a function that belongs to the public
(b) Prohibited Motions. - Prohibited motions shall be denied outright before the scheduled prosecutor
arraignment without need of comment and/ or opposition. The following motions are prohibited:  Prosecution of crime lies with the executive department whose principal power and
responsibility is to faithfully execute the laws of the land
i. Motion for judicial determination of probable cause.  Under our criminal justice system, it is an executive function
 The courts cannot interfere with it in absence of grave abuse of discretion
ii. Motion for preliminary investigation filed beyond the five (5)-day reglementary period in
inquest proceedings under Sec. 6, Rule 112, or when preliminary investigation is required under Function is lodged
Sec. 8, Rule 112, or allowed in inquest proceedings and the accused failed to P ag e l 2 participate - First instance : Public prosecutor who conducted the preliminary investigator
in the preliminary investigation despite due notice. - Ultimately with the Secretary of Justice
 It is not a casual affair
iii. Motion for reinvestigation of the prosecutor recommending the filing of information once  It is conducted to protect the innocent from embarrassment, expense and anxiety of public
the information has been filed before the court (1) if the motion is filed without prior leave trial
of court; (2) when preliminary investigation is not required under Sec. 8, Rule 112; and (3)  While right to have a preliminary investigation before trial is statutory rather than
when the regular preliminary investigation is required and has been actually conducted, and constitutional
the grounds relied upon in the motion are not meritorious, such as issues of credibility,  it is a substantive right and a component of due process in the administration of
admissibility of evidence, innocence of the accused, or . lack of due process when the accused criminal justice.
was actually notified, among others.  Right to due process entails the opportunity to be heard.
 Mere inquiry or a proceeding.
DEFINITION OF PRELIMINARY INVESTIGATION  It is not therefore a trial and so does not involve the examination of witnesses by way
of direct or cross examinations.
 An inquiry or a proceeding, the purpose of which is to determine whether there is sufficient
 Its purpose is not to declare the respondent guilty beyond reasonable doubt
ground to engender a well-founded belief that a crime has been committed and the respondent
 BUT ONLY TO DETERMINE
is probably guilty thereof and should be held for trial (Sec 1, Rule 112)
1) WON a crime has been committed
2) WON respondent is probably guilty of the crime
SPECIFIC PURPOSE OF PRELIMINARY INVESTIGATION
 “is the respondent probably guilty and therefore –should go to trial)
(1) To inquire concerning the commission of a crime and the connection of the accused  Prosecutor does not decide whether there is evidence beyond reasonable doubt of the guilt of
with it, in order that he may be informed of the nature and character of crime charged the respondent
 If there is a probable cause for believing him guilty, the state shall take necessary  He merely determines the existence of PROBABLE CAUSE and to file the
steps to bring him to trial information if he find it to be so
(2) To preserve the evidence and keep the witness within the control of the State  Not the occasion for the full and exhaustive display of the parties’ evidence.
(3) To determine the amount of bail, if the offense is bailable  The merits and validity of the accusation or defense as well as admissibility of testimonies
(4) Free respondent from inconvenience, expense, ignominy and stress of defending and evidence are better ventilated during trial
himself/herself in the course of a formal trial until the reasonable probability of his/her
NOTES
 Presence or absence of crime is evidentiary in nature and is a matter of defense that may be  Validity and merits of a party’s defense and accusation as well as the adminissibility of
passed upon after a full-blown trial on the merits testimonies and evidence are better ventilated during the trial proper and not during the
preliminary investigation.
 *** preliminary investigation not the occasion for the full and exhaustive display of the
parties’ evidence
RIGHT TO A PRELIMINARY INVESTIGATION; NOT A CONSTITUTIONAL RIGHT
 Since it has been established by statute,

 It becomes a component of due process in criminal justice
 When so granted by statute, the right is not a mere formal or technical right
 It is a substantive right
 Denial amounts to deprivation of full measure of his right to due process
 REMEDY : Petition for certiorari & mandamus
RIGHT TO PRELIMINARY INVESTIGATION ; WAIVABLE KINDS OF DETERMINATION OF PROBABLE CAUSE ; PRELIMINAYR INVESTIGATION
VS. PRELIMINARY EXAMINATION
 May be waived for failure to invoke right prior to or at the time of plea
PRELIMINARY INVESTIGATION PRELIMINARY EXAMINATION
PROBABLE CAUSE IN PRELIMINARY INVESTIGATION Determination of probable cause by the
Determination of probable cause by the
executive department judicial department
 Pertains to facts and circumstances sufficient to support a well-founded belief that a crime Properly pertains to the puclic prosecutor
Made by the judge to ascertain whether
has been committed and the accused is probably guilty thereof who is given a broad discretion to
warrant of arrest should be issued against the
 It is merely based on opinion and reasonable belief determine whetehr probable cause exists
accused
and to charge those whom he believes to
- Judge must satisfy himself that based on
 It does not import absolute certainty have committed the crime as defined by
the evidence submitted, there is
 Implies probability of guilt and requires more than bare suspicion but less than evidence of law and thus should be held for trial
necessity for placing the accused under
conviction the custdy in order not to frustrate the
 Does not refer to evidence that would justify conviction. ends of justice
 Needs only to rest on evidence that –more likely than not, a crime has been committed and - If judge finds no probable cause, judge
was committed by the suspect cannot be forced to issue a warrant of
arrest
 It may even be based on hearsay ; may rest upon evidence which is not legally competent in
COURTS ARE PRECLUDED FROM REVIEWING FINDINGS OF PROSECUTORS ;
a criminal trial
EXCEPTION
 It is not necessary for the investigating prosecutor to delve into the validity and merits of the
party’s defense and accusation, as well as admissibility of the testimonies and evidence
GR: Courts of law are precluded from disturbing the findings of the public prosecutor
 In the same way, the prosecution can raise the parameters of probable cause too high –basis on the existence or non-existence of probable cause
prima facie evidence - Rationale : principle of separation of powers, determination of probable
 The duty of determining the authenticity of signature rests on judge who must conduct an cause being an executive function
independent examination of a signature itself in order to arrive at a reasonable conclusion of - Prosecutor and Secretary of Justice—wide latitude of discretion in the
its authenticity conduct of preliminary investigation
NOTES
EX He acts with grave abuse of discretion amounting to lack or excess of jurisdiction (1) Provincial or City Prosecutors and their assistants
- Grossly misapprehends the facts (2) National and Regional State Prosecutors
- Acts in a manner so patent and gross as to amount to an evasion of positive (3) Other officers as may be authorized by law
duty or a virtual refusal to perform the duty enjoined by law - Judge of first level courts no longer allowed to conduct preliminary investigation (Aug
- Acts outside the contemplation of law
30,2005)
- Capricious and whimsical exercise of judgment
** not every abuse will justify judicial intrusion into the authority of the executive - Authority  include all crimes cognizable by the proper court in their respective territorial
department jurisdiction
INSTANCES WHEN PROBABLE CAUSE NEEDS TO BE ESTABLISHED (4) Commission on elections through its duly authorized legal officers
 Preliminary investigation of all election offenses punishable by the Omnibus election
In the Philippines, there are four instances in the Revised Rules of Criminal Procedure where code and to prosecute the same
probable cause is needed to be established: (5) Office of the Ombudsman
 Authority to investigate and prosecute on its own or on complaint by any person, any
(1) In Sections 1 and 3 of Rule 112: By the investigating officer, to determine whether there
act or omission of any public officer or employee, office or agency, when such act
is sufficient ground to engender a well-founded belief that a crime has been committed and
appears to be illegal, unjust, improper or inefficient
the respondent is probably guilty thereof, and should be held for trial. A preliminary
 Primary jurisdiction over cases cognizable by the Sandiganbayan
investigation is required before the filing of a complaint or information for an offense where
 It may take over at any stage from any investigatory agency of government the
the penalty prescribed by law is at least four years, two months and one day without regard
investigation of such cases
to the fine;
(6) Presidential Commission on Good Government with the assistance of OSG and other
(2) In Sections 6 and 9 of Rule 112: By the judge, to determine whether a warrant of arrest or
government offices
a commitment order, if the accused has already been arrested, shall be issued and that there
is a necessity of placing the respondent under immediate custody in order not to frustrate
the ends of justice;
(3) In Section 5(b) of Rule 113: By a peace officer or a private person making a warrantless CASES REQUIRING PRELIMINARY INVESTIGATION ; WHEN NOT REQUIRED
arrest when an offense has just been committed, and he has probable cause to believe based
on personal knowledge of facts or circumstances that the person to be arrested has REQUIRED NOT REQUIRED
committed it; and Before filing a complaint or Person is lawfully arrested without warrant
(4) In Section 4 of Rule 126: By the judge, to determine whether a search warrant shall be information for an offense where - Except in cases mentioned under Rule
issued, and only upon probable cause in connection with one specific offense to be law prescribes a penalty of at least 112 Sec 6
4 yrs, 2 months and 1 day without
determined personally by the judge after examination under oath or affirmation of the
regard of fines
complainant and the witnesses he may produce, and particularly describing the place to be Penalty for crime, less than 4 yrs, 2 months
searched and the things to be seized which may be anywhere in the Philippines. and 1 day without regard of fines
- In all these instances, the evidence necessary to establish probable cause is based only on the
likelihood, or probability, of guilt.
PROCEDURE FOR CASES NOT REQUIRING PRELIMINARY INVESTIGATION
OFFICERS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION AND
DETERMINE EXISTENCE OF PROBABLE CAUSE (1) First by filing the complaint directly with the prosecutor
(2) Filing the complaint/information with the MTC
Who are authorized?
DIRECT FILING WITH THE PROSECUTOR
NOTES
(1) Complaint filed directly with MTC  An inquest will be conducted instead of preliminary investigation
 Penalty prescribed by law for the offense involves imprisonment of less than 4 yrs, 2  In the absence or unavaibalility of the inquest prosecutor, an inquest may be
months and 1 day dispensed wwith
 Procedure in 3(a) of Rule 112 and the requirements shall be observed.  The rule hence allows the filling of the complaint directly with the proper
 Judge need not issue a subpoena to the respondent in the same way as when the court by the offended party on the basis of the affidavit of the offended party
complaint is filed directly with the prosecutor or arresting officer or persons
(2) If within 10 days from the filing of complaint/information, the judge finds no probable
cause, he shall dismiss the same . PERSON ARRESTED LAWFULLY WITHOUT A WARRANT MAY ASK FOR A
 Judge has several options PRELIMINARY INVESTIGATION
1) Personally evaluate the evidence submitted to the court
2) Personally examine in writing and under oath the complainant and his  Sec 6, Rule 112 : although an inquest is the proceeding which shall apply when a person is
witnesses in the form of searching questions and answers lawfully arrested without a warrant, such person may nevertheless ask for PI in accordance
 Whichever option is undertaken by the judge, both evaluations of evidence and with Rule 112 before the complaint or information is filed
examination are to be done PERSONALLY.  However, he must sign the waiver of the provision of Art 125 of RPC in the presence of the
 Above options (x) exclusive counsel
1) Require submission of additional evidence within 10 days from notice  Article 125. Delay in the delivery of detained persons to the proper judicial authorities. - The
2) If judge still doesn’t find probable cause, dismiss the case within 10 days from penalties provided in the next preceding article shall be imposed upon the public officer or
the submission of new evidence. employee who shall detain any person for some legal ground and shall fail to deliver such
If he finds probale cause, issue a warrant of arrest person to the proper judicial authorities within the period of; twelve (12) hours, for crimes
If the accused is already arrested, issue a commitment order. or offenses punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes
 If judge finds probable cause, he shall issue a warrant of arrest. If the accused had or offenses punishable by correctional penalties, or their equivalent and thirty-six (36) hours,
already been arrested, the court for crimes, or offenses punishable by afflictive or capital penalties, or their equivalent. In
 A warrant of arrest may not be issued if the judge is satisfied that there is no necessity every case, the person detained shall be informed of the cause of his detention and shall be
for placing the accused under custody, in which case, the court may issue summons allowed upon his request, to communicate and confer at any time with his attorney or
instead of warrant of arrest counsel. (As amended by E.O. Nos. 59 and 272, Nov. 7, 1986 and July 25, 1987, respectively).
 However failure to appear when so required may be a ground for the issuance of warrant  The preliminary investigation must be terminated within 15 days from its inception
of arrest  Thus the fact that a person is lawfully arrested without a warrant does not bar him from
availing of a preliminary investigation
WHEN PRELIMINARY INVESTIGATION IS NOT REQUIRED EVEN IF THE OFFENSE IS  Be it noted that by virtue of RA 7438, any waiver of person arrested or detained or under
ONE WHICH NORMALLY REQUIRES PRELIMINARY INVESTIGATION custodial invetsigatin shall be in writing, signed by such person in the presence of his counsel
 Under the current rules, if an information or complaint has already been filed, the person
(1) Person lawfully arrested without a warrant involving an offense which requires a arrested who is now an accused, may still ask for PI within 5 days from time he learns of his
preliminary investigation (penalty at least 4 yrs, 2 mos and 1 days, filing with the same right to adduce evidence in his defense under rule 112
 An information may be filed against him w/o need for a preliminary
investigation BAIL FOR A PERSON LAWFULLY ARRESTED DURING THE PRELIMINARY
 Instead person arrested : required to undergo inquest proceeding INVESTIGATION
Inquest proceedings are proper ONLY when the accused has been lawfully arrested without a
warrant (Sec 5, Rule 113 ROC) - Waiver of Art 125 of RPC by person lawfully arrested without warrant does not preclude
(2) If he has been arrested in a place where an inquest prosecutor is available him from applying for bail
NOTES
 While a preliminary investigation is undertaken, the person arrested still under detention. --- INQUEST PROCEEDINGS
to effect release, he may apply for bail
 Bail must however be applied for and issued by court in the province, city or municipality  Proper only when the accused has been lawfully arrested without a warrant
here the person arrested is held.  (x) preliminary investigation
 It is a summary investigation which does not follow the procedures set forth in Sec 3, Rule
QUESTIONING THE ABSENCE OF A PRELIMINARY INVESTIGATION 112 of ROC
 ACCUSED who wants to question regularity or absence of preliminary investigation must

do so before he enters his plea WHO  Conducted by public prosecutor –who is assigned inquest duties as an
 Court shall resolve the matter as early as practicable but not later than the start of his trial Inquest Officer
 An application for or admission of the accused to bail does not bar him from raising such
question WHERE  ***unless otherwise directed, only at the police stations/headquarters of
PNP in order to expedite and facilitate the disposition of Inquest Cases
 Failure to invoke the right before entering plea will amount to a waiver
 Waiver when the accused fails to invoke it before or at the time of entering a plea at the WHEN  From the time the inquest officer receives the complaint and referral
arraignment documents from law enforcement authorities
Documents :
ABSENCE OF PRELIMINARY INVESTIGATION; EFFECT ON JURISDICTION OF COURT (1) Affidavit of arrest
(2) Investigation report
 Absence of preliminary investigation does not affect the court’s jurisdiction over the case nor (3) Statement of complaint and the witnesses
does it impair the vailidity of the information, or otherwise render it effective (4) Other supporting evidence gathered
NATURE  Informal and summary
ABSENC OF PRELIMINARY INVESTIGATION; NOT GROUND : MOTION TO QUASH
PURPOSE To determine whether or not the person detained should remain under custody
 Such ground is not provided for in Sec 3. Of Rule 117 and then charged in court
GR: detained persons SHOULD BE PRESENT during inquest proceedings
Section 3. Grounds. — The accused may move to quash the complaint or information on any of the following
grounds: EX: reasons exist that would dispense with his presence (confinement, not feasible by reason of
(a) That the facts charged do not constitute an offense; age, health and other similar factors)
(b) That the court trying the case has no jurisdiction over the offense charged;
(c) That the court trying the case has no jurisdiction over the person of the accused;
(d) That the officer who filed the information had no authority to do so; POSSIBLE OPTIONS OF THE INQUEST PROSECUTOR
(e) That it does not conform substantially to the prescribed form;
(f) That more than one offense is charged except when a single punishment for various offenses is  Initial duty : determine if the detained person has been arrested lawfully according to Sec
prescribed by law; 5(a) and (b) of Rule 113 ROC.
(g) That the criminal action or liability has been extinguished;
(h) That it contains averments which, if true, would constitute a legal excuse or justification; and  Summarily examine the arresting officers on the circumstances surrounding the arrest
(i) That the accused has been previously convicted or acquitted of the offense charged, or the case  If arrest was NOT made in accordance with ROC
against him was dismissed or otherwise terminated without his express consent. (3a)  inquest prosecutor shall not proceed with inquest proceeding and recommend the
 Court should remand case to the prosecutor, if the accused calls the attention of court to his
release of the detainee addressed to City or Provincial Prosecutor
deprivation of the required preliminary investigation
 When recommendation is approved, order of release shall be served on the officer
 Graft case—Sandiganbayan is to hold in abeyance any further proceeding therein and to
having custody of detainee so the latter may be released
remand the case to the Office of the Ombudsman for the completion of preliminary
investigation
NOTES
 The officer shall also serve upon detainee a notice of preliminary investigation if
evidence on hand warrants the conduct of regular preliminary investigation.
(6) If no probable cause exists, issue (6) If there is probable cause to hold respondent for
 In such event, the detainee shall be released for investigation recommendation of dismissal of case trial, prepare resolution and information
 Arrest was properly effected
 Inquest shall proceed (7) Within 5 days from resolution/recommendation of dismissal , forward record to (1) Provincial or
 But the inquest officer shall first ask the detained person if he desires to avail City Prosecutor (2) Chief state prosecutor (3) Ombudsman or his deputy [cases cognizable by the
Sandiganbayan in the exercise of original jurisdiction] They shall act on the resolution or
himself if preliminary investigation recommendation within 10 days from their receipt and shall immediately inform parties of such
 If he does, he shall be made to execute a waiver of Art 125 of RPC with the action
assistance of a lawyer
 Preliminary investigation may be conducted by
(8) Aggrieved party from decision of superior officer may file a petition for review to DOJ
a) Inquest officer himself
b) By any other assistant prosecutor to whom the case may be assigned
 If the inquest prosecutor finds that probable cause exists, he shall prepare the corresponding (9) Information is filed in court if there is probable cause
information with the recommendation that the same be filed in court
 If no probable cause is found, he shall recommend release of the detained person
(10) The court will determine whether there is probable cause for issuance of warrant of arrest
INQUEST MUST PERTAIN TO THE OFFENSE FOR WHICH THE ARREST IS MADE ***Steps 1-5 (Sec 3) Steps 6-9 (Sec 4) Step 10 (Sec 5)
(Beltran v. People) (Ladlad v. Velasco –rebellion)
 Inquest for REBELLION = void  By peremptorily issuing the subpoenas to the petitioners, tolerating the complainant’s antics
 Beltran was arrested for INCITING TO SEDITION during the investigation and distributing copies of witness’ affidavit to members of media
knowing that petitioners have no had the opportunity to examine the charges against them,
PROCEDURE FOR PRELIMINARY INVESTIGATION respondent prosecutors not only trivialized the investigation but also lent credence to
petitioners claim that the entire proceeding was a sham
(1) Filing of complaint accompanied by the affidavits and supporting documents which must be
executed under oath INITIAL STEPS IN PRELIMINARY INVESTIGATION
Filing of complaint with the investigating prosecutor

(2) Within 10 days the filing, investigating officer shall either dismiss or issue a subpoena
 In actual application, the complaint is normally initiated through an affidavit of complaint
(3) If the subpoena is issued, respondent shall submit a counter-affidavit and other supporting  An affidavit of complaint is required to be accompanied by
documents within 10 days from the receipt thereof. (1) Affidavit of the complaint
(2) Affidavits of his witnesses
(3) Other supporting documents
(4) After clarificatory hearing (optional).
 The number of copies to be filed shall be in such number as there are respondents
It shall be held within 10 days from the submission of counter-affidavits or from the expiration
of period of their submission  Plus 2 copies for the official rule
Complaint filed for the purpose of Complaint filed for the purpose of initiating
(5) Resolution of investigating prosecutor with 10 days after the investigation preliminary investigation a criminal prosecution
NOTES
Rule 112 Sec 3 Rule 110  If the evidence is voluminous, the complainant may be required to specify those
Public Prosecutor Prosecuted in the name of the People of the which he intends to present against the respondent . –these shall be available for
Philippines copying or examination by the respondent at his expense
Affidavit is merely treated as a component Averments must be contained in one  Objects as evidence NEED NOT be furnished to a party—but shall be made
of the complaint document charging one offense
- All necessary allegations need not be available for examination, copying, photographing at the expense of the requesting
contained in a single document party
 The rule does not require the investigating officer to furnish the respondent with copies of
the counter-affidavits of his co-respondents. The right to examine refers only to the evidence
submitted by the complaint (Estrada v. Office of the Ombudsman)
FILING OF COUNTER-AFFIDAVIT BY THE RESPONDENTS; NO MOTION TO DISMISS
RULE ESTABLISHES HIERARCHY WITH RESPECT TO THE PERSONS WHOM THE  Respondent who receives the subpoena, complaint affidavit and other supporting documents
AFFIDAVITS MAY BE SUBSCRIBED OR SWORN TO  NOT allowed to file a motion to dismiss in lieu of a counter-affidavit
 Instead, within 10 days from the receipt of the subpoena
(1) Any prosecutor, not necessarily before the investigating prosecutor  HE IS REQUIRED TO SUBMIT HIS COUNTER-AFFIDAVIT, AFFIDAVIT OF
(2) Any government official authorized to administer oaths HIS WITNESSES AND SUPPORTING DOCUMENTS RELIED UPON FOR
(3) Notary public
HIS DEFENSE(Sec 3 [c] Rule 112)
 The prosecutor, official or notary public before whom the affidavits were subscribed and
sworn to does not perform a mere perfunctory or mechanical duty
Counter-affidavits
 He is obliged by the rules to  Shall be subscribed and sworn to before any prosecutor or before government
(1) conduct a personal examination of the affiants official authorized to administer oaths
(2) and corollarily to certify that he personally examined the affiants and that he is  In their absence : before a notary public.
satisfied that they voluntarily executed and understood their affidavits (Sec 3 a  Copy of counter-affidavits shall be furnished to the complainant (Sec 3 [c] Rule
Rule 112) 112, in relation to Sec 3 [a] Rule 112)
 Sec 3 [c]. Rule 112 grants the complainant the right to receive a copy of the respondent’s
DISMISSAL OF THE COMPLAINT OR ISSUANCE OF A SUBPOENA counter-affidavit
 The investigating prosecutor has the duty to observe the fundamental and essential
 From the filing of complaint, the investigating officer has 10 days within which to decide requirements of due process in the cases presented before it.
whether to:  Failure to give the complainant a copy of the counter affidavit = PROCEDURAL DEFECT
a) Dismiss the complaint if he finds no ground to conduct the investigation  Common practice : allow the filing of reply to the counter-affidavit usually denominated as
b) To issue a subpoena to the respondent in case he finds the need to continue with REPLY AFFIDAVIT –respondent is allowed to rebut the reply affidavit through a rejoinder
the investigation, subpoena shall be accompanied with a copy of complaint and its affidavit
supporting affidavits and documents
 Respondent is entitled to receive
(1) the subpoena Respondent (Accused)
(2) The copy of complaint
(3) The supporting affidavits and documents Counter-
 He shall have the right to examine the evidence submitted by the complainant and affidavit
to copy them at his expense
NOTES
 Sec 3, Rule 112 of ROC provides that Rejoinder the respondent SHALL
ONLY HAVE the right to submit a affidavit counter-affidavit to examine
Reply all other evidence submitted by the complainant and where the
affidavit fiscal sets a hearing to propound clarificatory questions to the parties or their witnesses, to
be afforded an opportunity to be present but without the right to examine or cross-
examine.
 There is no provision in Rule 112 that gives complainant or requires the prosecutor to
observe the right to file a reply to the accused’s counter affidavit DETERMINATION BY THE INVESTIGATING OFFICER
 Non-mandatory nature of filing a reply in preliminary investigation Sec 3(d) Rule 112
 Within 10 days from the termination of the investigation
ACTION TO BE TAKEN IF THE RESPONDENT DOES NOT SUBMIT COUNTER-  Determine whether or not there is sufficient ground to hold the respondent for trial
AFFIDAVIT
RESOLUTION OF INVESTIGATING PROSECUTOR; CERTIFICATION OF
 If despite the subpoena, the respondent does not submit his counter-affidavit within 10 day PRELIMINARY INVESTIGATION
period granted him, the investigating officer shall resolve the complaint based on the
evidence presented by the complaint If the investigating prosecutor finds - He shall prepare both the resolution and
 The situation would have the effect of an ex parte investigation because the respondent cause to hold respondent for trial information
cannot and does not participate in the proceedings If he does not find probable cause - Recommend dismissal of complaint
 So what’s the standard? As long as efforts to reach the respondent were made and he was
given an opportunity to present countervailing evidence  THE PRELIMINARY
INVESTIGATION IS VALID The information shall contain a certification by the investigating officer under oath in which he
shall certify
CLARIFICATORY HEARING IF NECESSARY; NO RIGHT OF CROSS-EXAMINATION
(1) That he or as shown by record, an authorized officer, has personally examined the
 Within 10 days from the submission of the counter-affidavit, other affidavits and documents complainant and his witnesses
filed by the respondent ; Or (2) There is reasonable ground to believe that a crime has been committed
 Within 10 days from the expiration of the period for their submission, a hearing may be set (3) The accused is probably guilty thereof
by the investigating officer (4) The accused was informed of the complaint and of the evidence submitted against him
 If there are facts and issues to be clarified either from a party or a witness (5) There was a given opportunity to submit the controverting evidence
 The parties can be present at the hearing
EFFECT OF THE ABSENNCE OF THE REQUIRED CERTIFICATION
 BUT DO NOT HAVE RIGHT TO EXAMINE OR CROSS-EXAMINE EACH
OTHER OR THE WITNESSES
 Information is nonetheless considered valid for the reason that such certification is not an
 If they have questions to ask, they shall submit questions to the INVESTIGATING OFFICER
essential part of the information itself and its absence cannot vitiate it as such
who shall ask the questions to the party or witness concerned
 What is not allowed is the filing of the information without preliminary investigation having
(parang questions niyo sa guests sa highschool program charot)
previously conducted
 Hearing shall be terminated within 5 days
 THIS IS NOT INDISPENSABLE DURING PRELIMINARY INVESTIGATION FORWARDING OF THE RECORDS OF THE CASE FOR ACTION; NEED FOR APPROVAL
 Optional on the part of the investigating officer BEFORE FILING OR DISMISSAL
NO RIGHT TO CROSS-EXAMINE IN A PRELIMINARY INVESTIGATION
NOTES
 Within 5 days from his resolution, he shall forward the record of the case  to provincial or  Not confined to issues raised by parties during the preliminary investigation
city prosecutor or chief state prosecutor or ombudsman or his deputy (in cases cognizable by  Appeal does not hold or prevent the filing of the corresponding information in court based
the sandiganbayan) on the findings of probable cause in the appealed resolution—UNLESS the Secretary of
 They shall act on the resolution within 10 days from the receipt thereof and shall immediately Justice directs otherwise
inform the parties of such action  But the appellant and prosecutor shall see to it that pending resolution, the appeal proceeding
 Resolution of the investigating prosecutor may be reversed or affirmed by the provincial or are held in abeyance
city prosecutor or chief of state prosecutor or ombudsman  Party filing a petition for review is allowed to file a motion for suspension of the arraignment
 No complaint or information may be filed orr dismissed by an investigating prosecutor  Sec 11 [c] of Rule 116  upon motion by the proper party, the arraignment shall be
without the prior written authority or approval of P/C Prosec or Chief State Prosecutor suspended among others, if a petition for review of the resolution of the prosecutor is pending
ASSAILING THE RESOLUTION OF THE SECRETARY OF JUSTICE; PETITION FOR

REVIEW UNDER RULE 43 NOT ALLOWED; PETITION FOR CERTIORARI UNDER RULE
65 FILED WITH THE COURT OF APPEALS
RULE WHEN RECOMMENDATION FOR DISMISSAL IS DISAPPROVED  GR: action of the secretary of justice is not subject to the review of courts
 EX: there is showing that he committed GADLEJ in issuing the resolution
 If the recommendation of the investigating prosecutor is disapproved by the provincial or ** authority of the prosecutor and DOJ is not absolute and cannot be exercised arbitrarily or
city prosecutor or chief state prosecutor or ombudsman or his deputy –ON THE GROUND capriciously
THAT PROBABLE CAUSE EXISTS
 The latter may by himself (P.C.C.O) file the information against the respondent, or direct Remedy : Rule 65 (Petition for certiorari)
another assistant prosecutor or state prosecutor to do so without conducting a prekiminary
investigation. (Sec 4, Rule 112)  CA is clothed with jurisdiction to review the resolution issued by the Secretary of Justice
through a petition for certiorari
MOTION FOR RECONSIDERATION
REVIEW OF DOJ RESOLUTION IN TAX AND TARIFF CASES
 Within 15 days from receipt of the assailed resolution.
 If denied  aggrieved party may appeal within 15 days from the denial of such motion.  Above rule does not apply
 Jurisdiction is conferred in Court of Tax Appeals by virtue of RA9282
APPEALS TO THE SECRETARY OF JUSITICE
APPEAL TO THE OFFICE OF THE PRESIDENT
 Prosecutor’s ruling is reviewable by the Secretary of Justice
Resolution of Chief State, Regional. & Provincial/City Prosecutors  While judicial pronouncements do not allow appeal to CA under Rule 43 from the resolution
of the Secretary of Justice (it only pertains to judicial appeal)
APPEAL: Secretary of Justice  Administrative appeal is not proscribed.
- Power to reverse, modify or affirm  MC No 58 (1993) provides appeals from or petitions for review of decision
GR; his findings (x) subject to review  Conditions: it must fall within these, otherwise it shall be dismissed outright
EX: unless shown to have been made with grave abuse
(a) Punishable by RP to death
 He is not precluded from considering errors although unassigned, for the purpose of finding (b) News and materials issues raised which were not previously presented
out wether there is probable cause before the Department of Justice and were not, hence ruled upon
 He must make his own finding
NOTES
(c) Prescription of the offense is not due to the lapse of 6 mos from notice of The petition for review shall (a) state the full names of the parties to the case, without impleading the
the questioned resolution court or agencies either as petitioners or respondents; (b) contain a concise statement of the facts and
(d) Appeal or petition for review filed within 30 days from notice issues involved and the grounds relied upon for the review; (c) be accompanied by a clearly legible
 Adverse decision against appellant –verified petition for review may be taken to the CA duplicate original or a certified true copy of the award, judgment, final order or resolution appealed
within 15 days from, together with certified true copies of such material portions of the record referred to therein and
 RULE 43 : APPEALS FROM THE COURT OF TAX APPEALS AND QUASI-JUDICIAL AGENCIES other supporting papers; and (d) contain a sworn certification against forum shopping as provided in
TO THE COURT OF APPEALS the last paragraph of section 2, Rule 42. The petition shall state the specific material dates showing that
Section 1. Scope. it was filed within the period fixed herein.
This Rule shall apply to appeals from judgments or final orders of the Court of Tax Appeals and from  Party aggrieved by judgment, final order or resolution of CTA may avail appeal by certiorari
awards, judgments, final orders or resolutions of or authorized by any quasi-judicial agency in the under Rule 45
exercise of its quasi-judicial functions. Among these agencies are the Civil Service Commission, Central
Board of Assessment Appeals, Securities and Exchange Commission, Office of the President, Land REVIEW OF RULINGS OF THE OMBUDSMAN IN CRIMINAL CASES
Registration Authority, Social Security Commission, Civil Aeronautics Board, Bureau of Patents,
Trademarks and Technology Transfer, National Electrification Administration, Energy Regulatory  Ruling of ombudsman shall be elevated to SC by way of Rule 65.
Board, National Telecommunications Commission, Department of Agrarian Reform under Republic Act  SC’s power of review over resolutions is restricted only to determining GADLEJ.
No. 6657, Government Service Insurance System, Employees Compensation Commission, Agricultural  Remedy 65 and not 45
Inventions Board, Insurance Commission, Philippine Atomic Energy Commission, Board of Investments,
 Erroneous to file with the Sandiganbayan
Construction Industry Arbitration Commission, and voluntary arbitrators authorized by law.
RECORDS SUPPORTING THE INFORMATION OR COMPLAINT FILED IN COURT
APPEALS UNDER RULE 43 AND RULE 45
 It is not only the complaint or information that is filed in court
RULE 43 : APPEALS RULE 45 : APPEALS BY CERTIORARI TO THE SUPREME COURT  It shall be supported by affidavits, counter-affidavits of the parties and their witnesses
FROM THE COURT SECTION 1. Filing of petition with Supreme Court. – A party desiring to together with other supporting evidence and resolution of cases
OF TAX APPEALS appeal by certiorari from a judgment or final order or resolution of the Court  Record of preliminary investigation shall form part of the case
AND QUASI- of Appeals, the Sandiganbayan, the Regional Trial Court or other courts
 Although not part of the case, the court on its own initiative or motion of any party may order
JUDICIAL AGENCIES whenever authorized by law, may file with the Supreme Court a verified
TO THE COURT OF petition for review on certiorari. The petition shall raise only questions of law the productin of the record or any of its part when the court considers it necessary in the
APPEALS which must be distinctly set forth. resolution of the case or any incidents therein or when it is introduced as an evidence in the
 Under Sec 1 of Rule 43, final orders or resolutions of the Office of the President is appealable case by the requesting party
to the court of appeals by filing a verified petition for review following the procedure set by
Sec 5 & 6 of Rule 43 ACTION OF THE JUDGE UPON THE FILING OF THE COMPLAINT OR INFORMATION
 Sec. 5. How appeal taken.
Appeal shall be taken by filing a verified petition for review in seven (7) legible copies with the Court of  Within 10 days from the filing of the complaint or information, the judge shall personally
Appeals, with proof of service of a copy thereof on the adverse party and on the court or agency a quo. evaluate the resolution of the prosecutor.
The original copy of the petition intended for the Court of Appeals shall be indicated as such by the  Judge shall look into the supporting evidence
petitioner.
 Judge may make some findings after personally evaluating the resolution of the prosecutor
Upon the filing of the petition, the petitioner shall pay to the clerk of court of the Court of Appeals the
 The judge may find that the evidence
docketing and other lawful fees and deposit the sum of P500.00 for costs. Exemption from payment of
docketing and other lawful fees and the deposit for costs may be granted by the Court of Appeals upon a) Fails to establish probable cause
a verified motion setting forth valid grounds therefor. If the Court of Appeals denies the motion, the b) Establish probable cause
petitioner shall pay the docketing and other lawful fees and deposit for costs within fifteen (15) days c) Engenders a doubt as to the existence of probable cause
from notice of the denial.
 Sec. 6. Contents of the petition.
NOTES
If he finds probable He shall issue a warrant of arrest  The above rules apply to the motion to withdraw the information or to dismiss the case even
cause - If the complaint or information was already filed pursuant to a before or after arraignment of the accused.
lawful warrantless arrest, the court shall issue a commitment
order instead of warrant of arrest NO PRELIMINARY INVESTIGATION UNDER THE REVISED RULES ON SUMMARY
If judge doubts the Judge may order the prosecution to submit additional evidence within PROCEDURE
existence of 5 days from notice
probable cause - Issue must be resolved by court within 30 days from the filing of
 A criminal case within the scope of the rule shall be commenced either by the filing of a
complaint or information
complaint or information in the MTC
 Although courts must respect the executive determination of probable cause, TC may still
 However in Metro Manila and other chartered cities, such cases shall be commenced only by
independently determine probable cause.
information, except when the offense cannot be prosecuted de officio
DISMISSAL OF CASE FOR LACK OF PROBABLE CAUSE, A FINAL ORDER
(Midterm coverage  Bail) Excluding Arrest, Search and Seizure)
 Final order since it disposes of the case, terminates the proceedings and leaves the court with
nothing further to do with respect to the case
 Appeal under Rule 65 is inappropriate
CHAPTER VI
WHEN WARRANT OF ARREST IS NOT NECESSARY
BAIL (RULE 114)
(1) Complaint or information has already been filed pursuant to a lawful warrantless arrest
MEANING, NATURE AND PURPOSE OF BAIL
(2) Accused is charged for an offense punishable only by fine
(3) Case is subject to the Rules on Summary Procedure –unless he fails to appear whenever  Is the security given for the release of a person in custody of law, furnished by him or a
required bondsman, to guarantee his appearance before any court as required under certain specified
conditions
WITHDRAWAL OF INFORMATION ALREADY FILED IN COURT
 Purpose: guarantee appearance of the accused at the trial ; appearance of a person before any
court when so required by the court or by the rules
 Once a criminal complaint or information is filed in court, any disposition of the case or
 It is not intended to cover the civil liability of the accused in the criminal case.
dismissal or acquittal or conviction of the accused –rests within the exclusive jurisdiction,
o Money deposited may however be applied to the payment of fines and costs
competence and discretion of the trial court
o While the excess if any shall be returned to the accused or to whoever made the
 Trial court : boundent duty to make an independent assessment of the merits of the motion
deposit
to withdraw.
 Grant of bail has no impact on the civil liability of the accused that depends on conviction
 Having acquired jurisdiction over the case, the TC is NOT BOUND by the resolution of the
by final judgment
Secretary of Justice, but is required to evaluate it before proceeding farther with the trial
 While secretary’s ruling is persuasive it is not binding on the courts.
CONSTITUTIONAL BASIS OF THE RIGHT TO BAIL
Trial court is not bound to adopt the resolution of the Secretary of Justice since it is mandated
 The right to bail is a constitutional right
to independently evaluate or assess the merits of the case
 All persons, except those charged with offenses punishable by reclusion perpetua when
Trial court should not merely rely on the findings of the public prosecutor or the Secretary of
Justice that no crime has been committed or that the evidence in the possession of the public evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be
prosecutor is insufficient to support a judgment of conviction released on recognizance as may be provided by law. The right to bail shall not be impaired
NOTES
even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not  Guaranty of equal protection clause requires equal treatment only of persons or things
be required. (Sec 13. Article 3 of the 1987 Constitution) similarly situated and does not apply where the subject of treatment is substantially different
 It springs from the presumption of innocence accorded every accused upon whom should not from others
be inflicted incarceration at the outset since, after the trial ,he could be entitled to acquittal,
unless his guilt be established beyond reasonable doubt. BAIL IN EXTRADITION PROCEEDINGS
 The presumption of innocence is rooted in the guarantee of due process and is safeguarded
Govt’ of USA v. - Word Conviction in the Constitutional provision on bail as well as Sec 4. Of
by the constitutional right to be released on bail and further binds the court to wait until after
Puruganan Rule 114 of the ROC suggests that bail applies only when a person has been
trial to impose any punishment on the accused. (2002) arrested and detained for violation of Philippine criminal laws
 Constitution lays down the following tenets on bail - That constitutional provision on bail will not apply to a case like extradition
(a.) All persons charged, before their conviction for a criminal offense, shall be entitled where the presumption of innocence is not at issue
- Extradition proceeding is sui generis, a class in itself. Since it is not a
to bail(GR) criminal proceeding, it will not call into operation all the rights of the
(b.) Suspension of the privilege of writ of habeas corpus does not impair the right to accused in the bill of rights and does not involve the determination of guilt
bail or innocence
- The court however did not hold that bail never applies in extradition cases
(c.) Excessive bail is not to be required  Bail is not a matter of right in extradition cases
 The Constitutional provision is reiterated in the Rules of court  Right to due process is broad enough to include grant of basic fairness
Rule 114 Sec. 7. Capital offense or an offense punishable by reclusion perpetua or life to extradites
imprisonment, not bailable. – No person charged with a capital offense, or an offense Exception :
- Bail may be applied for and granted as an exception only upon a clear and
punishable by reclusion perpetua or life imprisonment, shall be admitted to bail when convincing showing that
evidence of guilt is strong, regardless of the state of the criminal prosecution. (1) Once granted bail, the applicant will not be a flight risk or a danger to
 Grant or denial of bail to a person charged with an offense punishable by at least reclusion the community
(2) There exists special, humanitarian and compelling circumstances
perpetua or life imprisonment is made dependent on whether the evidence of guilt is strong including, as a matter of reciprocity, those cited by the highest court in
 No distinction is made as to the political complexion of or the moral turpitude involved in the requesting state when it grants provisional liberty in extradition
the crime charged cases therein
- Derived essentially from general principles of justice and fairness, the
 TEST : Whether it shows evident guilt or great presumption of guilt
applicant bears the burden of proving the above two tiered requirements with
 (X) whether the evidence establishes guilt beyond reasonable doubt clarity, precision and emphatic forcefulness
 Proof beyond reasonable doubt is the quantum of evidence necessary for conviction, not to - Court realizes that extradition is basically an executive, not judicial
forfeit the constitutional right to bail, which merely requires that the evidence of guilt be responsibility arising from the presidential power to conduct foreign
relations
strong See:(Sec 2,Rule 113) - Hence, any intrusion by the courts into the exercise of this power should be
 Amount of bail should be high enough to assure the presence of the accused when so required, exercised by caution, so that vital international and bilateral interests of our
but it should be no higher than is reasonably calculated to fulfill this purpose country will not be unreasonably impeded and compromised
 Where right to bail exists, it should not be rendered nugatory by requiring a sum that is Govt’ of - Viewed the issue in light of the modern trend in international law by
Hongkong placing primacy on the worth of an individual person and the
excessive; otherwise the right to bail becomes meaningless
Special sanctity of human rights
Administrative - Court pointed out that it cannot ignore
BAIL IN THE MILITARY ---Right of bail does not exist Region v. Olalia (1) Growing importance of individual person in public
Jr international law, who in the 20th century, has gradually
 Exception to the general rule embodied in the Bill of rights attained global recognition
 Right to speedy trial is given more emphasis (2) Higher value now being given to human rights in the
 Unique structure of the military should be enough reason to exempt military men from the international sphere
constitutional coverage of right to bail.
NOTES
(3) Corresponding duty of countries to observe these universal BAIL FOR THOSE NOT YET CHARGED
human rights in fulfilling treaty obligations
(4) Duty of the court to balance the rights of an individual under  Any person in custody, who is not yet charged in court may apply for bail with any court in
our fundamental law on one hand and the law on extradition on the province, city or municipality where he is held
the other  He may apply for bail as soon as he is deprived of his liberty, even before a complaint or
- The country has the responsibility of protecting and promoting the
information is filed against him
right of every person to liberty and due process, ensuring that those
detained or arrested can participate in the proceeding before a court  He need not wait for arraignment/formal complaint or information
and to make available to every person under detention such remedies
which safeguard their fundamental right to liberty EFFECTS OF FAILURE TO APPEAR AT THE TRIAL
- RE-EXAMINATION OF PURUGANAN
(1) Exercise of State’s power to deprive an individual of his  Failure to appear without justification despite due notice shall be deemed a waiver of his
liberty is not necessarily limited to criminal proceedings. right to present and the trial may proceed in absentia
(2) To limit bail to criminal proceedings would be to close our  Bondsman
eyes to our jurisprudential theory  May arrest the accused for the purpose of surrendering him
- UDHR; ICCPR: fundamental rights to life liberty and property :
 May also cause the accused to be arrested by a police officer or any other person of
courts may grant right to bail
- Extradition is the right of foreign power created by treties where suitable age and discretion upon written authority, endorsed on a certified copy of
there is demand to surrender a convicted wihin its territory & the undertaking (Sec 23, Rule 114)
correlative duty of surrendering him to the demanding state.
- Pacta Sunt Servanda – extradite should not be deprived of right of COURT CANNOT REQUIRE ARRAIGNMENT BEFORE THE GRANT OF BAIL
LLP
 Grant of bail should not be conditioned upon the prior arraignment of the accused
 In cases where bail is authorized, bail should be granted before arraignment
 Otherwise, the accused will be precluded from filing a motion to quash which is to be
BAIL TO GUARANTEE APPEARANCE OF WITNESSES done before arraignment
 If the information is quashed and the case is dismissed there would be no need for the
 Bail does not only apply to a person who has transgressed the law or percieived to have done
arraignment of the accused
so.
 Grant of bail on his arraignment would place him in the position where he has to choose
 It may likewise apply to A MATERIAL WITNESS
(1) Filing a motion to quash and thus delay his release until his motion can be resolved
 Bail to secure the appearance of a material witness does not require prior cisstody of law.
because prior to its resolution, he cannot be arraigned
 The witness may be ordered to post bail even if he is not under detention
(2) Foregoing the filing of motion to quash so that he can be arraigned at once and thereafter
 It is only when he refuses to post bail , that he shall be committed to prison
be released on his bail
 Section 14. Bail to secure appearance of material witness.— When the court is satisfied, upon
 It undermines the accused’s constitutional right not to be put to trial except upon a
proof or oath, that a material witness will not testify when required, it may, upon motion of
valid complaint or information sufficient to charge him with crime and his right to bail
either party, order the witness to post bail in such sum as may be deemed proper. Upon
refusal to post bail, the court shall commit him to prison until he complies, or is legally FORMS OF BAIL
discharged after his testimony has been taken. (6a)
 Bail may also be required of witnesses when there is a substitution of criminal information (1) Corporate surety
 The court may require the witnesses to give bail for their appearance at the trial. (14a) (Sec  Any domestic or foreign corporation, licensed as a surety in accordance with law and
14,Rule 110) currently authorized to act as such, may provide bail by a bond subscribed jointly by
NOTES
the accused and an officer of the corporation duly authorized by its board of directors (4) In case of a youthful offender held for physical and mental examination, trial, or
(Sec 10, Rule 114) appeal, if he is unable to furnish bail and under the circumstances envisaged in
(2) Property Bond PD 603
 A property bond is an undertaking constituted as lien on the real property given as (5) In summary procedure, when the accused has been arrested for failure to appear
security for the amount of the bail. Within ten (10) days after the approval of the bond, when required. His release shall be either on bail or on recognizance by a
the accused shall cause the annotation of the lien on the certificate of title on file with responsible citizen acceptable to the court (Sec 16,1991 Revised rules on
the Registry of Deeds if the land is registered, or if unregistered, in the Registration summary procedure)
Book on the space provided therefor, in the Registry of Deeds for the province or city Note: In this case release of the accused cannot be effected on his own
where the land lies, and on the corresponding tax declaration in the office of the recognizance
provincial, city and municipal assessor concerned. Within the same period, the
accused shall submit to the court his compliance and his failure to do so shall be GUIDELINES IN FIXING THE AMOUNT OF BAIL
sufficient cause for the cancellation of the property bond and his re-arrest and
detention. (Sec 11,Rule 114)  Excessive bail shall not be required (Sec 13, Article 3 of 1987 Constitution)
(3) Cash deposit  High enough to assure the presence of the accused when such presence is required but no
 The accused or any person acting in his behalf may deposit in cash with the nearest higher than is reasonably calculated to fulfill this purpose
collector of internal revenue or provincial, city, or municipal treasurer the amount of  What to consider?
bail fixed by the court, or recommended by the prosecutor who investigated or filed  Good of the public as well as the rights of the accused
the case. Upon submission of a proper certificate of deposit and a written undertaking  Inability of the accused to secure bail in a certain amount is not solely to be considered and
showing compliance with the requirements of section 2 of this Rule, the accused shall this fact does not itself make the bail excessive
be discharged from custody. The money deposited shall be considered as bail and  Principal factor to be considered
applied to the payment of fine and costs while the excess, if any, shall be returned to (1) Probability of the appearance
the accused or to whoever made the deposit.(Sec 14,Rulle 114) (2) Or his flight to avoid punishment
 A judge is not one of those authorized to receive a deposit of cash bail
(4) Recognizance
 An obligation of record, entered into before some court or magistre duly authorized to
take it, with the condition to do some particular act, the most usual in criminal cases
being the appearance of the accused for trial
 Whenever allowed by law or these Rules, the court may release a person in custody on
his own recognizance or that of a responsible person. (Sec 15,Rule 114)  SEC. 9 Amount of Bail; Guidelines. – The judge who issued the warrant or granted the
 Release on recognizance may be ordered by court in the following cases application shall fix a reasonable amount of bail considering primarily, but not limited to
(1) Offense charged is for violation of an ordinance, light felony or criminal offense, the following guidelines:
the imposable penalty of which does not exceed 6 years imprisonment and/or CAPE-NA-FFFP
P2,000 fine under the circumstance as provided by RA 6036 [a] Financial ability of the accused to give bail;
(2) A person has been in custody for a period equal to or more than the minimum of [b] Nature and circumstances of the offense;
the imposable principal penalty, without application of ISL or any modifying [c] Penalty of the offense charged;
circumstance, in which case, the court may allow his release on his own [d] Character and reputation of the accused;
recognizance or on a reduced bail at the discretion of court [e] Age and health of the accused;
(3) Where the accused has applied for probation pending finality of the judgment but [f] The weight of the evidence against the accused;
no bail was filed or the accused is incapable of filing one [g] Probability of the accused appearing in trial
NOTES
[h] Forfeiture of other bonds (4) In cases filed with MTC or MCTC for an offense punishable by imprisonment of
[i] The fact that accused was a fugitive from justice when arrested; and less than 4 yrs, 2mos & 1 day, and the judge is satisfied that there is no necessity
[j] The pendency of other cases in which the accused is under bond. of placing the accused in custody, he may issue summons instead of warrant of
Excessive bail shall not be required. (6) arrest
 No arrest = No bail required
 If the accused does not have the financial ability to post the amount of bail, he may move for
(5) Subject to certain exceptions under Sec 1 of RA 6036 AN ACT PROVIDING THAT
its reduction BAIL SHALL NOT, WITH CERTAIN EXCEPTIONS, BE REQUIRED IN CASES OF
 By submitting for that purpose such documents and affidavits as may warrant the VIOLATIONS OF MUNICIPAL OR CITY ORDINANCES AND IN CRIMINAL
reduction he seeks OFFENSES WHEN THE PRESCRIBED PENALTY FOR SUCH OFFENSES IS NOT
HIGHER THAN ARRESTO MAYOR AND/OR A FINE OF TWO THOUSAND PESOS
 Order fixing amount of bail is not appealable OR BOTH.
 Bail shall not be required if a person is charged with a violation of municipal/city
DURATION OF BAIL ordinance, a light felony and/or a criminal offense, the prescribed penalty of which
is not higher than 6 mos imprisonment and/or a fine of P2,000 or both
 SEC. 2. Conditions of the Bail; Requirements. – All kinds of bail are subject to the following  Where it is established that he is unable to post the required cash or bail bond
conditions:
[a] The undertaking shall be effective upon approval and remain in force at all stages of the
case, unless sooner cancelled, until the promulgation of the judgment of the Regional Trial
Court, irrespective of whatever the case was originally filed in or appealed to it;
 Bail bond posted by the accused can only be used during the 15 day period to appeal and not BAIL AS A MATTER OF RIGHT
during the entire period of appeal
GR; All persons in custody of law shall be admitted to abil as a matter of right
 For the accused to continue his provisional liberty on the same bailbond, the consent of the
- All criminal cases within the competence of MeTC, MTC, MCTC are bailable as a matter
bondsman is necessary of right
 These courts have no jurisdiction to try cases punishable by death, reclusion
RELEASE OR TRANSFER OF PERSON IN CUSTODY perpetua or life imprisonment
BAIL IS A MATTER OF RIGHT IN THE FOLLWING
 No person under detention by legal process shall be released or transferred except (1) Before conviction by MeTC, MTC, MCTC
(a) Upon order of court; or (2) After conviction by MeTC, MTC, MCTC
(b) When admitted to bail (3) Before conviction by the RTC of an offense not punishable by death, reclusion
perpetua or life imprisonment
WHEN BAIL IS NOT REQUIRED Example: Homicide = reclusion temporal
(1) Generally, bail is not required when the law or rules of court so provide
REMEDY WHEN BAIL IS DENIED
(2) When a person has been in custody for a period equal to or more than the possible
maximum imprisonment prescribed for the offense charged, he shall be released  To file a petition for certiorari if the trial court committed GADLEJ
immediately without prejudice to the continuation of the trial or the proceeding on  Certiorari is the remedy to annul the order of court denying petition for bail
appeal  Mandamus may, at the same time be availed to compel the grant of bail which is a matter of
right
- When bail is a matter of right, the same cannot be denied
(3) Also, if the maxium penalty which the accused may be sentenced is destierro, he - The probability that the accused will escape or not appear in trial is not a ground for denial
shall be released after 30 days of preventive imprisonment of the right to bail.
NOTES
- It is however, a reason for the court to increase the bail bond to assure his appearance.  Hearing is indispensable (either summary or otherwise)
- Such amount shall be subject to the provision that excessive bail shall not be required
WHERE APPLICATION FOR BAIL IS TO BE FILED AFTER CONVICTION BY THE RTC
WHEN BAIL IS A MATTER OF DISCRETION
 Application for bail may be filed and acted upon by the trial court even if a notice of appeal
 Sec 4(b) before conviction by the Regional Trial Court of an offense not punishable by death, has already been filed provided that trial court has not yet transmitted the original record to
reclusion perpetua, or life imprisonment the appellate court (Sec 5, rule 114)
- But when the accused has been convicted in the RTC of an offense not punishable by death,  If the original record has already been transmitted to the appellate court, then the application
reclusion perpetua or life imprisonment, the admission of bail shall be discretionary shall be filed with the said appellate court
 Section 5. Bail, when discretionary.—Upon conviction by the Regional Trial Court of an  The court promulgating the judgment shall have authority to accept the notice of appeal and
offense not punishable by death, reclusion perpetua, or life imprisonment, admission to bail to approve the bail bond pending appeal; provided, that if the decision of the trial court
is discretionary. The application for bail may be filed and acted upon by the trial court convicting the accused changed the nature of the offense from non-bailable to bailable, the
despite the filing of a notice of appeal, provided it has not transmitted the original record to application for bail can only be filed and resolved by the appellate court. (Sec 6, Rule 120)
the appellate court. However, if the decision of the trial court convicting the accused changed  If the decision of the RTC convicting the accused changed the nature of the offense from
the nature of the offense from non-bailable to bailable, the application for bail can only be non-bailable to bailable, the application for bail can only be filed with and resolved by the
filed with and resolved by the appellate court. Should the court grant the application, the appellate court
accused may be allowed to continue on provisional liberty during the pendency of the appeal  If the application for bail is grnated, the accused may be allowed to continue on provisional
under the same bail subject to the consent of the bondsman. If the penalty imposed by the liberty during the pendency of appeal under the same bail. This rule is however subject to the
trial court is imprisonment exceeding six (6) years, the accused shall be denied bail, or his consent of the bondsman.
bail shall be cancelled upon a showing by the prosecution, with notice to the accused, of the
following or other similar circumstances: (a) That he is a recidivist, quasi-recidivist, or WHEN APPLICATION FOR BAIL AFTER CONVICTION BY RTC SHALL BE DENIED
habitual delinquent, or has committed the crime aggravated by the circumstance of
reiteration; (b) That he has previously escaped from legal confinement, evaded sentence, or  If penalty imposed is death, reclusion perpetua or life imprisonment, bail should be denied
violated the conditions of his bail without valid justification; (c) That he committed the since the conviction indicates strong evidence of guilt based on proof beyond reasonable
offense while under probation, parole, or conditional pardon; (d) That the circumstances of doubt
his case indicate the probability of flight if released on bail; or (e) That there is undue risk  Even if penalty imposed by TC is not any of the above, but merely imprisonment exceeding 6
that he may commit another crime during the pendency of the appeal. The appellate court years, the accused shall be denied bail or his bail already allowed shall be cancelled  if
may, motu proprio or on motion of any party, review the resolution of the Regional Trial the prosecution shows the following or other circumstances
Court after notice to the adverse party in either case. (5a) (a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the
 If penalty imposed is death, reclusion perpetua or life imprisonment, bail should be denied crime aggravated by the circumstance of reiteration;
because this means that the evidence of guilt against him is not strong, his guilt has actually (b) That he has previously escaped from legal confinement, evaded sentence, or violated the
been proven beyond reasonable doubt conditions of his bail without valid justification;
Accused’s guilt has been proven beyond reasonable doubt, bail must not then be granted (c) That he committed the offense while under probation, parole, or conditional pardon;
to the accused during the pendency of his appeal from the judgment of conviction (d) That the circumstances of his case indicate the probability of flight if released on bail; or
 Discretion of court may be exercised only after the hearing called to ascertain the degree of (e) That there is undue risk that he may commit another crime during the pendency of the
guilt of the accused for the purpose of whether or not he should be granted provisional liberty appeal. The appellate court may, motu proprio or on motion of any party, review the
 Misconception: When an accused is charged with the crime of murder, he is not entitled to resolution of the Regional Trial Court after notice to the adverse party in either case (Sec 5
bail.  The grant of bail to the accused charged with the penalty of reclusion perpetua is of Rule 114)
discretionary on the part of the court
 The court is not authorized to deny or cancel the bail ex parte
NOTES
 Rule requires “Notice to the accused”  Public prosecutor’s recommendation of bail was not material in deciding whether to conduct
 Resolution of the RTC denying or cancelling the bail may be reviewed by the appellate court the mandatory hearing or not
motu propio or on motion of any party after notice to the adverse party in either case  Mandatory duty to conduct a hearing even if the prosecution chooses to just file a complaint
or leave the application for bail to the discretion of court
BAIL PENDING APPEAL WHERE PENALTY IMPOSED EXCEEDS 6 YEARS  Absence of objection from the prosecution is never a basis for grant of bail in such cases.
 Judge has no right to presume that the prosecutor knows what he is doing on account of
 Discretionary nature of grant of bail pending appeal does not mean that bond should familiarity with the case because it has the effect of ceding to the prosecutor the duty of
automatically be granted absent any of the circumstances mentioned in Sec 5 of Rule 114 exercising judicial discretion to determine whether guilt of the accused is strong
 Third paragraph of Sec 5, Rule 114 applies to 2 scenarios where the penalty imposed on the
appellant applying for bail is imprisonment exceeding 6 years
(1) Circumstances that deals with the said paragraph not being present
 Bail is a matter of sound discretion.
 The appellate court has discretion to deny or grant bail
(2) Existence of at least one of the circumstances HEARING TO DETERMINE PROBABLE CAUSE IS NOT THE SAMEE AS THE HEARING
 More stringent discretion, that is to carefully ascertain whether any of the enumerated FOR BAIL
circumsatnces exists.
 A finding of none, will not automatically result to grant of bail, Hearing for bail Hearing for probable cause
 Appellant has no right to be freed on bail pending his appeal from the TC’s judgment where Only after determination of probable cause Judge ascertains WON there is sufficient
ground to engender a well-founded belief that
the conviction carries a penalty of imprisonment exceeding 6 years bail pursuant to the third a crime has been committed and the accused
paragraph of Sec 5(b) (d) and (e) of Rule 114 is probably guilty thereof
Takes place prior to all proceedings, so that if
HEARING OF APPLICATION FOR BAIL IN OFFENSES PUNISHABLE BY RECLUSION court is not satisfied with the existence of
PERPETUA OR LIFE IMPRISONMENT; BURDEN OF PROOF IN BAIL APPLICATION probable cause, it may either dismiss the case
or deny the issuance of the warrant of arrest
 Prosecution : burden of proof that evidence of guilt is strong or conduct of hearing to satisfy itself with
 Hearing shall be summary probable cause
 Section 7. Capital offense or an offense punishable by reclusion perpetua or life
imprisonment, not bailable. — No person charged with a capital offense, or an offense
DUTIES OF THE TRIAL JUDGE IN A PETITION FOR BAIL IN OFFENSES PUNISHABLE
punishable by reclusion Perpetua or life imprisonment, shall be admitted to bail when
BY RECLUSION PERPETUA, LIFE IMPRISONMENT OR DEATH
evidence of guilt is strong, regardless of the stage of the criminal prosecution. (7a)
 Hearing should be conducted by the court : determine the existence of strong evidence or
1. Notify the prosecutor of the hearing of the application for bail or require him to submit
lack of it—to enable the judge to make an intelligent assessment of the evidence presented
his recommendation
by the parties
2. Conduct a hearing of the application for bail
 Bail cannot be allowed to a person charged with capital offense or an offense punishable by
 Regardless of whether or not the prosecution refuses to present evidence to show that
reclusion Perpetua without hearing upon notice to the persecutor
the guilt of the accused is strong for the purpose of enabling the court to exercise its
 Even when there Is no petition for bail, in a case like the one before the trial court, a hearing
sound discretion
should still be held
3. Decide whether the evidence of guilt of the accused is strong based on the summary
 The fact that the public prosecutor recommended bail for the accused does not warrant
evidence of the prosecution
dispensing of hearing
NOTES
4. If the guilt of the accused is NOT strong, discharge the accused upon the approval of statute, the “death” as utilized in Article 71 of the RPC shall no longer form part of the
the bailbond equation of the graduation of penalties
 Otherwise petition should be denied  HENCE –in the case of the accused-appellant, the determination of his penalty of attempted
(Narciso v. Santa Romana-Cruz) rape shall be reckoned not from 2 degrees lower than death, but 2 degrees lower than
5. Within 48 hours after the hearing, the court shall issue an order containing a brief reclusion perpetua –maximum term reclusion temporal  prison mayor
summary of the evidence adduced before it, followed by its inclusion of whether or not
the evidence of guilt is strong WHERE APPLICATION OR PETITION FOR BAIL MAY BE FILED
 Conclusion  not a pre-judgment to the merits of the case
GR::: Where the case is pending
EVIDENCE IN BAIL HEARING ARE AUTOMATICALLY REPRODUCED AT THE TRIAL  If the judge thereof is absent or unavailable, then the application may be filed with ANY
 RTC
 MeTC JUDGE in the province,
 Evidence presented during the bail hearing shall be considered automatically reproduced at
 MTC city or municipality
the trial
 MCTC
 However any witness during the bail hearing may upon motion of either party, be - Where there is no showing of the court where the criminal case is pending is unavailable,
recalled by court for additional examination a judge who entertains a bail application despite knowledge of pendency of the case in
 Except : If witness is (1) Dead (2) Outside of PH (3) Or otherwise unable to testify another court is clearly in error
- Judge = guilty of gross ignorance of the law
CAPITAL OFFENSES  Where the accused is arrested in a province, city or municipality other than where the case
 Rule 114, Section 6. Capital offense, defined.—A capital offense is an offense which, under is pending
the law existing at the time of its commission and of the application for admission to bail, - The application for bail may also be filed in the RTC of the said place
may be punished with death. (6a)  If no judge thereof is available
- With ANY
 Capital nature of an offense is determined by the penalty prescribed by law and not the JUDGE in the said place
 MeTC
penalty actually imposed  MTC
 Imposition of Death penalty –now prohibited by RA 9346 (June 24,2006)  MCTC
In lieu of death penalty the following shall be imposed  When bail is filed with the court other than where the case is pending, the judge who accepted
a) Penalty of reclusion perpetua –when the law violated makes use of the the bail shall forward it together with the order of release and other supporting documents to
nomenclature of the penalties of the RPC the court where the case is pending –which may for good reasons require a different one to
b) Penalty of life imprisonment –when the law violated does not make use of the be filed
nomenclature of the penalties of the RPC  Failure to transmit = violation of the rules
 Where grant of bail is a matter of DISCRETION or the accused seeks to be released on
EFFECT OF RA 9346 ON THE GRADUATION OF PENALTIES recognizance
 The application MAY ONLY BE FILED with the court where the case is pending: on
 RA 9346 unequivocally bar the application of the death penalty, it expressly repealed all trial/appeal
statutory provisions requiring the application of death penalty.  When a person is in custody BUT NOT YET CHARGED
 (People v. Bon) Debarring death penalty did not correspondingly declassify those crimes  He may apply for bail in any court in the province, city or municipality where he is held
previously catalogued as heinous. Amendatory effects extend only to the application of death
penalty, but not to the definition or classification of crimes
INCREASE OR REDUCTION OF BAIL
 Having pronounced and determined the statutory disallowance of the death penalty through
RA 9346, and the corresponding modification of penalties other than death through that
 Amount of bail may either be increased or reduced by the court upon good cause
NOTES
 The increased amount must be given within a reasonable period  When the accused fails to appear in court despite notice, the court may issue a bench warrant
- If the accused wants to avoid being taken into custody for his arrest
 Section 20. Increase or reduction of bail. —After the accused is admitted to bail, the court Bench warrant
may, upon good cause, either increase or reduce its amount. When increased, the accused  Writ issued directly by a judge to a law enforcement officer, for the arrest of person
may be committed to custody if he does not give bail in the increased amount within a who has been held in contempt, his disobeyed a subpoena or has to appear at a
reasonable period. An accused held to answer a criminal charge, who is released without hearing or trial
 Rule 71 Section 9. Proceeding when party released on bail fails to answer. —
bail upon filing of the complaint or information, may, at any subsequent stage of the
When a respondent released on bail fails to appear on the day fixed for the hearing,
proceedings and whenever a strong showing of guilt appears to the court, be required to give the court may issue another order of arrest or may order the bond for his appearance
bail in the amount fixed, or in lieu thereof, committed to custody. (20a) to be forfeited and confiscated, or both; and, if the bond be proceeded against, the
measure of damages shall be the extent of the loss or injury sustained by the
BAIL FOR ACCUSED ORIGINALLY RELEASED WITHOUT BAIL aggrieved party by reason of the misconduct for which the contempt charge was
prosecuted, with the costs of the proceedings, and such recovery shall be for the
 He may latter be required to give bail in the amount fixed by the court whenever at any benefit of the party injured. If there is no aggrieved party, the bond shall be liable
subsequent stage of the proceeding, a strong showing of guilt appears to the court .If he does and disposed of as in criminal cases. (8a)
not give bail he may be committed into custody (Sec 20, Rule 114)
FORFEITURE OF BAIL ; BENCH WARRANT
 One condition of bail  for the accused to appear before the court whenever required CANCELLATION OF BAIL; REMEDY
 Section 21. Forfeiture of bail.—When the presence of the accused is required by the court or  Section 22. Cancellation of bail.—Upon application of the bondsmen, with due notice to the
these Rules, his bondsmen shall be notified to produce him before the court on a given date prosecutor, the bail may be cancelled upon surrender of the accused or proof of his death.
and time. If the accused fails to appear in person as required, his bail shall be declared The bail shall be deemed automatically cancelled upon acquittal of the accused, dismissal of
forfeited and the bondsmen given thirty (30) days within which to produce their principal the case, or execution of the judgment of conviction. In all instances, the cancellation shall
and to show cause why no judgment should be rendered against them for the amount of their be without prejudice to any liability on the bail. (22a)
bail. Within the said period, the bondsmen must:  Automatic cancellation –bail may be deemed automatically cancelled upon
(a) produce the body of their principal or give the reason for his non-production; and (a) Acquittal of the accused
(b) explain why the accused did not appear before the court when first required to do so. (b) Dismissal of the case
Failing in these two requisites, a judgment shall be rendered against the bondsmen, jointly (c) Execution of the judgment of conviction
and severally, for the amount of the bail.  Sec 5, Rule 114 allows the cancellation of bail where the penalty imposed by trial court is
The court shall not reduce or otherwise mitigate the liability of the bondsmen, unless the imprisonment exceeding 6 years if any of the grounds in the said section is present
accused has been surrendered or is acquitted. (21a)  As when the circumstances indicate the probability of flight
 Judgment against the bondsmen cannot be entered unless such judgment is preceded by an  This order cancelling bail is subject to review by the appellate court motu proprio or
order of forfeiture and an opportunity given to the bondsmen to produce the accused or to on motion
adduce satisfactory reason for their inabilityto do so  REMEDY : filing of a separate petition via special civil action for certiorari before the
 An order for forfeiture is interlocutory and merely requires the bondsmen to show cause why appellate court is proscribed and contravenes the rule against multiplicity of suits and
judgment should not be rendered against them for the amount of bond. constitutes forum shopping
 Interlocutory --given provisionally during the course of a legal action.
 This order is different from the judgment on the bond which is issued if the accused APPLICATION FOR ADMISSION TO BAIL DOES NOT BAR THE OBJECTIONS ON
was not produced within 30 day period ILLEGAL ARREST, LACK OF OR IRREGULAR PRELIMINARY INVESTIGATION
NOTES
 Section 26. Bail not a bar to objections on illegal arrest, lack of or irregular preliminary
investigation.—An application for or admission to bail shall not bar the accused from
challenging the validity of his arrest or the legality of the warrant issued therefor, or from
assailing the regularity or questioning the absence of a preliminary investigation of the
charge against him, provided that he raises them before entering his plea. The court shall
resolve the matter as early as practicable but not later than the start of the trial of the case,
(n)
 Sec 26, Rule 114 is a new rule indented to modify previous rulings that an application for
bail or the admission of bail shall be considered as waiver of his right to assail the warrant
issued for his arrest or the irregularities thereon
 New rule is curative in nature
 Procedural rules, as a general rule operate retroactively even without express provisions to
actions yet undetermined at the time of the efficacy.

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CRIMINAL PROCEDURE

Aleezah Gertrude Regado

 When the information is filed, the respondent becomes an accused ARRAIGNMENT

MOVE TO QUASH THE COMPLAINT OR INFORMATION

II. BASIC CONCEPTS (a.) over subject matter

PROHIBITED PLEADINGS, MOTIONS AND PETITIONS IN SUMMARY

FORFEITURE CASES PURPOSE OF CRIMINAL ACTION; ROLE OF PRIVATE OFFENDED PARTY

EFFECTS OF INSTITUTION OF CRIMINAL ACTION IN THE PRESCRIPTIVE

SUFFICIENTCY OF THE COMPLAINT OR INFORMATION

(REFER TO HANDWRITTEN NOTES)

Requisites of Double Jeopardy

information Amendment: only as to form Another preliminary

EFFECT OF DEATH OF THE ACCUSED ON HIS CIVIL LIABILITY

EFFECT OF ACQUITTAL OF THE ACCUSED ON HIS ADMINISTRATIVE CASE

 Not a bar to criminal action

WHEN AN ADMINISTRATIVE CASE IS DEEMED A CIVIL CASE

AN INDEPENDENT CIVIL ACTION DOES NOT OPERATE AS A PREJUDICIAL

 Defamation, fraud and physical injuries

RIGHT TO A PRELIMINARY INVESTIGATION; NOT A CONSTITUTIONAL RIGHT

 Since it has been established by statute,

 ACCUSED who wants to question regularity or absence of preliminary investigation must

(Beltran v. People) (Ladlad v. Velasco –rebellion)

Filing of complaint with the investigating prosecutor

FILING OF COUNTER-AFFIDAVIT BY THE RESPONDENTS; NO MOTION TO DISMISS

NO RIGHT TO CROSS-EXAMINE IN A PRELIMINARY INVESTIGATION

ASSAILING THE RESOLUTION OF THE SECRETARY OF JUSTICE; PETITION FOR

FORFEITURE OF BAIL ; BENCH WARRANT

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