Criminal Procedure

CRIMINAL PROCEDURE
RIANO BOOK
QUICK SYNOPSIS
• Criminal Procedure - Treats of the series of processes which the criminal laws are enforced
and by which the state prosecutes persons who violate penal laws
• Accusatorial or adversarial - two contending parties before the court which hears them
impartially and renders judgment only after trial.
• Inquisitorial - The court plays a very active role and is not limited to the evidence presented
before it. It may utilize evidence gathered outside the court.
• Criminal procedure shall be liberally construed.

• Due process is mandatory in CP
• Requisites:
1. Court is properly clothed with judicial power to hear and determine the case
2. Jurisdiction over the person of the accused
3. Opportunity to be heard
4. Judgment is rendered only upon lawful hearing
• REQUISITES FOR EXERCISE OF CRIMINAL JURISDICTION

1. Jurisdiction over Subject Matter
2. Jurisdiction over the Territory
3. Jurisdiction over the Person of the accused
JURISDICTION OVER THE TERRITORY

• Offense must have been committed within the court’s territorial jurisdiction. VENUE IS
JURISDICTIONAL IN CRIMINAL PROCEDURE.
• The action shall be instituted and tried in the court of the municipality or territory wherein
the offense was committed OR where anyone of the essential requisites took place.
• Jurisdiction of the court is determined by the allegations in the complaint

• RTC of manila has no authority to issue search warrant for offenses committed in Cavite.
• EXCEPTIONS TO THE VENUE RULE IN CRIM PRO:

1. Offense committed falls under Article 2 of RPC (Extraterritoriality Principle)
- It shall be cognizable by the court where the criminal action is first filed.
2. SC orders change of venue
3. If committed in train, aircraft, or other public or private vehicle in the course of its trip -
May be instituted in any municipality or territory where it passed during its trip or its place of
arrival or departure.
4. On Board a vessel - Court of first port of entry or in the territory where the vessel passed
during the voyage
5. Cases cognizable by Sandiganbayan - QC
6. Written Defamation
© EDWARD VANGE ARRIBA Page 1 of 55

CRIMINAL PROCEDURE
RIANO BOOK
- Public official or private person - RTC of province where the libelous article is
printed and first published.
- Private Individual - RTC where he actually resided at the time of the commission
of the offense
- Public Officer - If office is at manila at the time of the commission - RTC of Manila
- Public Officer outside Metro Manila - RTC of province or city where he held
office.
- If defamatory material in internet - The place where the material was accessed CANNOT BE
EQUATED with printing and first publication.
JURISDICTION OVER SUBJECT MATTER

• Jurisdiction over the subject matter is conferred by law. It must be clear because it cannot be
presumed.
• It cannot be fixed by the will of parties or be diminished by any of the act of the parties.
• It cannot be waived
• It is determined by the allegations in the complaint
• In Sandiganbayan, The nature of the offense and the position of the accused is considered.
• In complex crime, The Maximum and most serious penalty imposable on the offense shall be
the basis.
• Law in force at the time of the institution of the action shall apply to determine the
JURISDICTION OVER THE SUBJECT MATTER
• The IMPOSABLE penalty shall be considered
PRINCIPLE OF ADHERENCE OF JURISDICTION OR CONTINUING JURISDICTION

- Once a court has acquired jurisdiction, it continues until the court has done all that it can do
in the exercise of its jurisdiction. It cannot be defeated by amendment or be lost by a new law
amending the rules of jurisdiction.
- EXCEPTION: When statute expressly provides
- When no such retroactive effect was provided for, it cannot be applied to cases already
pending prior to their enactment.
• Jurisdiction over the subject matter may be raised or be considered moot proprio by the court
at any stage or on appeal
JURISDICTION OVER THE PERSON OF THE ACCUSED
• Acquired upon his arrest, apprehension or voluntary appearance

• Seeking affirmative relief is deemed submission to the jurisdiction of the court.
• Filing Motion to quash, Appearing for arraignment, Participating in the trial or giving bail.
• EXCEPT: Making Special appearance questioning the jurisdiction over the person - NOT
VOLUNTARY APPEARANCE and Filing Motion to quash Warrant of arrest
• Even if the warrant of arrest is null and void, if he posted bail- submission to the jurisdiction of
the court.

CRIMINAL PROCEDURE
RIANO BOOK
• Being in the custody of law is not necessarily being under the jurisdiction of court
• As a general rule, Court will not issue writs of prohibition or injunction (preliminary or final) to
enjoin or restrain criminal prosecution
• EXCEPTIONS: (WHEN INJUNCTION MAY BE ISSUED TO RESTRAIN CRIMINAL PROSECUTION)
1. Necessary to afford adequate protection to constitutional rights
2. Orderly administration of justice
3. Prejudicial question which is subjudice
4. Acts of office are without or in excess of authority
5. Prosecution under invalid law
6. Clearly apparent double jeopardy
7. No jurisdiction over the offense
8. Persecution rather than protection
9. Manifestly false charges
• Mandamus is not available to compel prosecution because it is under the discretion of the
prosecutor to prosecute
CRIMINAL JURISDICTION OF MTC

- Except if falling within RTC or Sandiganbayan
EXCLUSIVE ORIGINAL JURISDICTION:

1. All violations of City or municipal ordinance committed within their respective jurisdiction
2. All offenses punishable with imprisonment NOT EXCEEDING 6 YEARS irrespective of fine, civil
liabilities, accessory penalties
- Punishable up to the maximum of PRISION CORRECCIONAL
EXCEPTION:
1. Libel (RTC)
2. Direct Bribery & Indirect Bribery - Sandiganbayan
3. If Fine ONLY - Not more than 4k
4. Offenses involving damage to property through criminal negligence
5. Violation of BP22
6. Summary procedure
- Violation of traffic laws, rental laws, and ordinances
7. Special jurisdiction to decide applications for bail in absence of RTC Judges
CRIMINAL JURISDICTION OF RTC

1. Exclusive original jurisdiction in all criminal cases not within the original jurisdiction of any
court except when under Sandiganbayan
2. Appellate jurisdiction over all cases decided by MTC
3. Special jurisdiction designated by SC
4. Written defamation
5. Cases in violation of Comprehensive Dangerous Drugs act
6. Violations of Intellectual property

CRIMINAL PROCEDURE
RIANO BOOK
7. PD 957
8. Money Laundering cases
- But if in conspiracy of a public officer or done by public officer - SANDIGANBAYAN
CRIMINAL JURISDICTION OF SANDIGANBAYAN

1. Violations of Anti Graft and Corrupt practices act where one or more of the accused is
occupying a position whether permanent, acting or interim capacity AT THE TIME OF THE
COMMISSION OF THE OFFENSE
1. Classified as Salary Grade 27 which includes:
1. Provincial governors, Vice Gov, Members of Sangguniang Panlalawigan, Provincial
treasurers, assessors, engineers, other provincial department heads
2. City mayor, Vice Mayor, members of sang panglungsod, City treasurer, assessors,
engineers, and other department heads
3. Officials of the diplomatic service occupying position of consul and higher
4. Philippine army and airforce colonel, navy captains, and all officers of higher rank
5. Officers of PNP: Provincial director, senior superintendent or higher
6. City and provincial prosecutors in office of ombudsman and special prosecutor
7. Presidents, director, trustees or managers of GOCC, state universities or educational
foundation or institutions
8. Members of the congress
9. Members of judiciary
10. Chairmen of Constitutional commissions
11. All other national and local officials classified as SG 27
2. Other offenses or felonies whether simple or completed with other crimes committed by the
public officials under SG27 in relation to their office
- Sandiganbayan also exercises civil jurisdiction

- Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgment of RTC
whether in the exercise of their own original jurisdiction or appellate jurisdiction
- CMPHQ - In aid of appellate jurisdiction
- In all cases elevated to the SB and from the sandiganbayan to SC, the office of the
ombudsman through its special prosecutor shall represent the people of the PH
- Private individuals must be tried jointly
- PO may be a principal or mere accomplice or accessory
- All forms of bribery - SB has jurisdiction
- Salary grade 27 or higher shall only refer to:

1. Officials of the executive branch occupying the regional director and higher
2. Members of congress or officials
3. All national and local officials
- SG 27 has no reference to
1. Provincial governors, Vice Gov, Members of Sangguniang Panlalawigan, Provincial
treasurers, assessors, engineers, other provincial department heads

CRIMINAL PROCEDURE
RIANO BOOK
2. City mayor, Vice Mayor, members of sang panglungsod, City treasurer, assessors,
engineers, and other department heads
3. Officials of the diplomatic service occupying position of consul and higher
4. Philippine army and airforce colonel, navy captains, and all officers of higher rank
5. Officers of PNP: Provincial director, senior superintendent or higher
6. City and provincial prosecutors in office of ombudsman and special prosecutor
7. Presidents, director, trustees or managers of GOCC, state universities or educational
foundation or institutions
- Thus, Director of Region IV of Philhealth although SG 26, Still under the jurisdiction of
Sandiganbayan because SG 27 qualification has no reference to directors of GOCC. As long
as he holds the position, regardless of salary grade, he is under the jurisdiction of
Sandiganbayan
- Sangguniang panglungsod under salary grade 26 - under the jurisdiction of SB
- Board of Regents of UP performs functions similar to those of board of trustees of non stock
corporation. A student regent shall be under the jurisdiction of SB regardless if she did not
received compensation. Compensation is not an essential element of public office for it is
merely incidental.
- Offenses committed in relation to the office has to be such that in the legal sense, the offense
cannot exist without the office.
- If intimately connected - Committed in relation to the office
- It is intimately connected if he could not have committed the crimes were it not for his
position.
- The mayor organized armed patrols and civilian commandos. He ordered arrest and
maltreatment of the victim who dies - IN RELATION TO HIS OFFICE.
- If public office is a constituent element of the crime charged, there is no need to state the
specific factual allegations of the intimacy between the crime and office.
- Malversation of public funds,
SUMMARY PROCEDURE
- Before conducting a trial the court shall call for a Preliminary Conference
- Entering stipulations of facts
- Allowing accused to enter a plea of guilty to a lesser offense
- Any admission of the accused made during PC must be reduced in writing and signed by the
accused and counsel
Prohibited motions in Summary Procedure:

1. Motion to quash except on the ground of lack of juris of subject matter or failure to comply
with barangay conciliation.
2. Bill or particulars
3. Motion for Noted! or reconsideration
4. Relief from judgment
5. Motion for extension
6. Memoranda
7. CMP against interlocutory order
8. Motion to declare in default

CRIMINAL PROCEDURE
RIANO BOOK
9. Dilatory motions
10. Reply
11. Third Party complaints
12. Intervention
- At least 4 years, two months one 1 day - Preliminary Investigation is REQUIRED

- Below 4 years, two months and 1 day - Not required.
- The complaint may be filed directly with MTC.
- The Secretary of justice may reverse or modify the resolution of the provincial or city
prosecutor or of chief state prosecutor.
- If the court finds probable cause - Shall issue warrant of arrest or commitment order if the
accused is in the custody of the law.
- The judge may issue summons instead of warrant of arrest if the judge is satisfied that there is
no necessity for placing the accused in the custody.
- MANILA OR OTHER CHARTERED CITIES: Complaint shall be directly filed with the prosecutor.
- Criminal Action - Commenced by the filing of a complaint of an information in court and shall
be under the control and discretion of the public prosecutor.
- In special cases, a private prosecutor may be authorized in writing by chief of the
prosecution office or the regional state prosecutor to prosecute the case.
- The complaint must be in writing
- When a criminal action is instituted, the civil action for the recovery of the civil liability arising
from the offense charged shall also be deemed instituted.
- EXCEPTION:
1. Waives the civil action
2. Reserves the right to institute the asme separately
3. Institutes civil action prior to the criminal action
- Also not deemed instituted if do not legally arise from the offense charged and independent
source
- After the criminal action has been commenced, the separate civil action arising from the
offense cannot be instituted until final judgment has been entered in criminal action.
- If criminal action has been filed after the civil action has already been instituted, the civil
action shall be suspended in whatever stage it may be found.
- Except Prejudicial questions: In this case, It is the criminal action which may be suspended
upon proper petition
PREJUDICIAL QUESTION - exists when a previously instituted civil action involves an issue similar or
intimately related to the issue raised in the subsequent criminal action and the resolution of such
issue determines whether or not the criminal actin shall proceed.

CRIMINAL PROCEDURE
RIANO BOOK
- Bail may be applied for before or after he is formally charged.

- Application for bail shall not bar the accused from challenging the validity of the arrest.
Arraignment - formal mode and manner of implementing the constitutional right of the accused
to be informed of the nature and cause of the accusation against him.
- If before arraignment the accused escapes, he cannot be tried in absentia

- It is made in open court by the judge or clerk. He is asked whether he is guilty or not guilty.
Motion to quash - a written motion signed by the accused or his counsel which is supposed to
distinctly specify both its factual and legal grounds.
- After arraignment, the court shall order the MANDATORY Trial conference
JUDGMENT - Adjudication of the court on the guilt or innocence of the accused and the
imposition on him of the proper penalty and civil liability.
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PROSECUTION OF OFFENSES
RULE 110
- Purpose of Criminal action: To determine the penal liability of the accused for having
outraged the state with his crime.
INSTITUTION OF ACTIONS:
- PRELIMINARY INVESTIGATION IS REQUIRED: By filing the complaint with the proper officer for the
purpose of conducting the requisite Preliminary Investigation
- WHEN NOT REQUIRED:
1. Filing the complaint or information directly with the MTC
2. Filing the complaint with the office of prosecutor
- In Manila and other chartered cities: Shall be filed in the office of the prosecutor unless
otherwise provided in their charter. Thus NO DIRECT FILING.
PI IS REQUIRED: At least 4 years 2 months and 1 day

If below 4 years 2 months and 1 day - NO PI REQUIRED
- In case of conflict between the city charter and ROC - City charter prevails.
GR: The institution of criminal action shall interrupt the period of prescription of offense charged
EXC: Unless otherwise provided in special law.
- The prescriptive period remains tolled from the time the complaint was filed until such time
that the respondent is either convicted or acquitted.
- The filing of a complaint EVEN IN THE FISCAL’S OFFICE interrupts the period of prescription.
Even if it is merely for the purpose of Preliminary investigation, it shall interrupt the period of
prescription.

CRIMINAL PROCEDURE
RIANO BOOK
- The prescriptive period for violation of special laws starts on the day such offense was
committed and is interrupted by the institution of proceedings against the respondent.
- Filing an action before the Task force on Anti Intellectual property Piracy (TAPP) interrupted
the prescriptive period
DOCTRINE OF PRIMARY JURISDICTION - Courts will not determine a controversy involving a

question within the jurisdiction of the administrative tribunal where the question demands the
exercise of sound administrative discretion requiring the specialized knowledge and expertise of
said administrative tribunal.
- Filing of a complaint with SEC shall effectively interrupt the prescriptive period. Investigation
conducted by SEC is equivalent to Preliminary investigation
PROSECUTION OF CRIMINAL ACTION

- Criminal action is prosecuted under the direction and control of the public prosecutor
- Even if there is a private prosecutor, it is still prosecuted under the direction and control of the
public prosecutor
- Appointment of private prosecutor is done by the offended party and is allowed only where
the civil action for the recovery of the civil liability is instituted in the criminal action.
- Hence the offended party may not intervene if he waives, reserves or institutes civil action
prior to the criminal action.
- Institution of independent civil action does not deprive the offended party of the right to
intervene in the civil action through a private prosecutor
- Independent Civil actions: Art 32, 33, 34, 2176 of Civil code.
- Art 32: Rights and liberties of a person (Constitution)
- Art 33: Defamation, fraud and Physical injuries
- Art 34: Member of a city or municipal Police force refuses or fails to render aid or
protection to any person in case of danger to life or property
- Art 2176: Quasi Delict
- INDEPENDENT CIVIL ACTIONS MAY PROCEED INDEPENDENTLY
- The executive department of the government is accountable for prosecution of crimes.
- The DOJ Secretary has the authority to sign the certificate of non forum shopping for criminal
cases which was filed on behalf of the PH.
- The presence of a public prosecutor in the trial of criminal case is NECESSARY to protect vital
state interests. The act allowing the presentation of defense witnesses in the absence of public
prosecutor or private prosecutor designated for the purpose is clear transgression of the rules.
- If the prosecutor assigned is not available, the action may be prosecuted by the offended
party, any peace officer or public officer charged with the enforcement of the law violated.
- A Private prosecutor may prosecute the criminal action up to the end of the trial even in the
absence of the public prosecutor provided that he is authorized to do so in writing.
- The written authorization must be approved by the court.
PROSECUTION OF PRIVATE CRIMES

ADULTERY AND CONCUBINAGE
- Adultery and concubinage can only be prosecuted upon a complaint filed by the OFFENDED
SPOUSE.

CRIMINAL PROCEDURE
RIANO BOOK
- Such action cannot be instituted against one party alone. It must be instituted against BOTH
GUILTY PARTIES unless one of them is no longer alive.
- Pardon may either be expressed or implied.
SEDUCTION, ABDUCTION AND ACTS OF LASCIVIOUSNESS

- Shall not be prosecuted except upon a complaint by:
1. Offended party
2. Parents
3. Grandparents
4. Guardian
- Pardon in this case must be EXPRESS.

- The state shall initiate if the offended party dies or becomes incapacitated and she has no
known parents, grandparents or guardian.
- Minor has the right to initiate the prosecution independently of her parents, grandparents or
guardian EXCEPT if she is incompetent or incapable of doing so.
- If minor fails to file, Parents, Grandparents or Guardian may file.
CHILD ABUSE, EXPLOITATION

- May be filed by:
1. Offended party
2. Parents or guardians
3. Ascendant, Collateral relative within 3rd degree of consanguinity
4. Officer, social worker or representative of child caring institution
5. Officer or social worker of DSWD
6. Barangay chairman
7. At least three concerned responsible citizens where the violation occurred.
DEFAMATION
- Shall be filed by the offended party
COMPLAINT OR INFORMATION
- Complaint - a sworn written statement charging a person with an offense, subscribed by the
offended party, any peace officer, other public officer charged with the enforcement of the
law.
- Private offended parties are only witnesses for the protection.
- Private offended party may not appeal the dismissal of a criminal case or acquittal of an
accused.
- He may only appeal the civil aspect.
- The criminal case may be appealed only by the OSG. Private party has no legal
personality.
- INFORMATION - Accusation in writing charging a person with an offense subscribed by the

prosecutor filed with the court
- Information requires no oath

CRIMINAL PROCEDURE
RIANO BOOK
- An infirmity with the information such as lack of authority of the officer signing it cannot be
cured by silence, acquiescence or by express consent.
- The accused is deemed to have waived the right to object insufficiency of complaint if he
fails to object upon his arraignment or during trial.
- Accused is deemed to have waived his right to assail when he voluntarily entered plea
when arraigned and participated in trial.
- Objection to form is waivable also.

- It is not necessary to state the precise date of the offense except when the date of
commission of the crime is material element of the offense.
- The complaint must state the name and surname of the accused. If he cannot be
ascertained, he must be described under fictitious name accompanied by the statement
that is true name is unknown.
- True name shall be inserted in the complaint if known.
- Mistake in the name of the accused is not equivalent to mistake in the identity
- If a juridical person,It is sufficient to state its name or any name or designation which it is
known
- In offenses against property, if the name of the offended party unknown, the property must
be described with particularity as to properly identify the offense charged.
- The failure to designate by the statute or to mention the specific provision penalizing the act
does not vitiate the information if the facts alleged clearly recite the facts constituting the
crime charged.
- Every information must state the qualifying and aggravating circumstances attending the
commission of the crime to be considered.
- If not alleged, the accused cannot be convicted with such offense even if proved during
trial.
- Such will not be also appreciated for the award of exemplary damages
- Mere allegation that he is the uncle of the offended will not qualify the rape.
- Accused cannot be convicted of any offense unless it is charged in the information on which
he is tried or is necessarily included therein.
DUPLICITY OF OFFENSE
GR: The complaint must charge only one offense.
- Failure to interpose objection on the ground of duplicity of offense constitute a waiver.
Thus the court may convict him of as many offenses as charged
VENUE OF CRIMINAL ACTIONS

- In Defamation, The information must state that the libelous material was either printed or first
published in the place of the filing of the information. Merely alleging that it is a magazine of
general circulation in the place instituted will not suffice.
AMENDMENT OR SUBSTITUTION OF THE COMPLAINT OR INFORMATION

1. Amendment before enter of plea - No need for leave of court, May be amended in form or
substance

CRIMINAL PROCEDURE
RIANO BOOK
2. Amendment with Leave of court even if made before plea

1. Amendment downgrades the nature of the offense charged
2. Excludes any accused from the complaint
- Notice to the offended party and motion by the prosecutor are required.
3. Amendment after plea but during the trial:

- FORMAL AMENDMENT may be done if:
A. Leave of court
B. Does not prejudice the rights of the accused.
- SUBSTANTIAL AMENDMENT - Proscribed except if beneficial to the accused.
Formal amendment - does not change the nature of the offense or did not alter the basis of
charge in both information.
- The mere change in the caption from Homicide to murder - FORMAL ONLY
- There was no change in the recital of facts. Same defense may be interposed. Thus merely
formal.
SUBSTITUTION OF COMPLAINT
- May be substituted if it appears at any time before judgment that a mistake has been made
in charging the proper offense.
- The court shall dismiss the original complaint once the new one charging the proper
offense is filed provided that the accused will not be put into double jeopardy.
- Once it is manifest that the accused cannot be convicted of the offense charge as when a
mistake has been made in charging the proper offense, the court shall commit the
accused to answer for the proper offense by requiring the filing of proper information.
AMENDMENT SUBSTITUTION
May involve either formal or substantial Necessarily involves a SUBSTANTIAL change

changes from the original charge
Before plea has entered - Without leave of Must be with leave of court as the original action
court has to be dismissed
If only as to form, There is no need for another Another PI is required and accused has to lead
Preliminary Investigation anew to the new information
refers to the same offense charged in the Requires that the new information involves a
original complaint or to an offense which is different offense which does not include or is not
necessarily included. necessarily included in the original charge.
Substantial amendments to the information

after the plea has been taken cannot be made
over the objection of the accused for he may
invoke double jeopardy

CRIMINAL PROCEDURE
RIANO BOOK
_____________________________________________________________________________________________
PROSECUTION OF CIVIL ACTION
RULE 111
- When a criminal action is instituted, the civil action for the recovery of the civil liability arising
from the offense charged shall be DEEMED INSTITUTED.
NO CIVIL LIABILITY IN:

1. Espionage
2. Violation of neutrality
3. Flight to an enemy country
4. Crimes against popular representation
- The rule on the implied institution of civil action shall not apply before the filing of the criminal
action
- In the Civil aspect, Only the offended party and accused may appeal.
- Rule applicable in civil cases impliedly instituted in criminal action is CRIMPRO.
- If the offended party desires to reserve the right to institute civil action, It shall be made
BEFORE the prosecution starts presenting its evidence.
- No reservation of civil action in BP 22. Criminal action shall be deemed to include the civil
aspect of the case.
- However it does not prohibit the WAIVER of the civil action or the INSTITUTION OF THE CIVIL
ACTION PRIOR TO THE CRIMINAL ACTION.
- When civil case is filed ahead of the criminal case: ALLOWED.
- Even if the right to institute the civil action separately has been reserved, It cannot be
instituted UNTIL FINAL JUDGMENT has been entered in the criminal case.
- If the Civil action was commenced before the institution of the criminal action, The civil action
shall be suspended in whatever stage it may be found before judgment on the merits once
criminal action is filed.
- Suspension lasts until final judgment is rendered
- GENERAL RULE: PREFERENCE TO CRIMINAL ACTIONS
- Party may file for the consolidation of civil action with the criminal action - If granted: it shall
be tried and decided jointly
- No reservation required in independent civil actions
COUNTERCLAIM, CROSSCLAIM, THIRDPARTY CLAIM

- Court will not entertain such claims
- A court trying the case is limited to determining the guilt of the accused and determine its civil
liability. It cannot award DAMAGES TO THE ACCUSED.

CRIMINAL PROCEDURE
RIANO BOOK
FILING FEES
- There are no filing fees required for actual damages claimed UNLESS required by the Rules:
- BP22, Estafa - based on the amount involved
- Filing fees shall be paid by the offended party when he seeks moral, nominal, temperate and
exemplary damages.
- If amount is not specified in the complaint but was subsequently awarded, the filing fees
assessed in accordance with the rules shall constitute a first lien on the judgment.
EFFECT OF DEATH OF THE ACCUSED

- DIES AFTER ARRAIGNMENT AND DURING THE PENDENCY OF THE CRIMINAL ACTION - Civil
liability arising from the offense committed is EXTINGUISHED.
- Independent civil actions may be continued against the estate or legal representative of
the accused.
- DIES BEFORE ARRAIGNMENT - The case shall be dismissed but the offended party may file the
proper civil action against the estate of the deceased.
- Novation does not affect the criminal liability of the person.

- In estafa, reimbursement or compromise as to the amount affects only the civil liability and
not the criminal liability
- GR: Extinction of penal action does not carry the extinction of civil action
- Except: If it is proven that the act or omission did not exist - NO CIVIL LIABILITY ALSO
- Preponderance of evidence is only required to prove civil actions

- Proof beyond reasonable doubt - Criminal actions
- Thus even if failed to prove beyond reasonable doubt, He may still be civilly liable.
- Final judgment in a civil action absolving a defendant is not a bar to a criminal action against
the defendant
PREJUDICIAL QUESTION - For it to arise, There must be a previously instituted civil action which is
similar or intimately related to the issue raised in the criminal action, the resolution of which
determines whether or not the criminal action may proceed.
- It must be one civil and one criminal action

- Criminal action is the one suspended
- Petition for the suspension of the criminal action based upon the pendency of a prejudicial
question in a civil action may be filed.
- There must be a motion. A motu proprio suspension is not allowed.
- The determination shall be made at the first instance in the criminal action and not before
the SC
- Suspension however is not dismissal.

- The suspension is not to be filed in the civil case. It shall be filed in the criminal case.
- Filing of suspension does not require that it should be in a court. It may be in the preliminary
investigation stage.
- Parricide was filed then Declaration of nullity OTG of Psychological incapacity

CRIMINAL PROCEDURE
RIANO BOOK
- No Prejudicial question. Criminal case was filed before civil.
- Pending case with the SEC - Declaration of nullity of the respective appointments of the
petitioner and other individuals as corporate officers.
- Estafa was filed against one of those party
- SC: There was prejudicial question because the resolution of the issues raised in the
intracorporate dispute will determine either the guilt or the innocence of the party in the
case of estafa.
- A demand made by the offended party to the offender is one of the requisites of
estafa. So the validity of demand depends upon the authority of such person
making such demand.
- Collection of sum of money and BP 22 - NO PREJUDICIAL QUESTION

- Specific performance or overpayment is not a prejudicial question to suspend BP22
PRELIMINARY INVESTIGATION - An inquiry or proceeding to determine whether there is sufficient

ground to engender a well founded belief that a crime has been committed and the
respondent is probably guilty thereof and should be held for trial
- PI is not the occasion for the full and exhaustive display of the parties’ evidence
- PI is not a constitutional right. It is a statutory right. However it is a component of due process.
- Resolution of the Sec Justice finding probable cause is not appealable to CA via petition for
review under Rule 43.
- The right to PI may be waived for failure to invoke the right prior to or at the time of the plea
- Preliminary Examination/Inquiry - Conducted by the judge to determine probable cause for
the issuance of WARRAN. It is judicial in nature.
- Preliminary Investigation is executive in nature.
PROBABLE CAUSE -Existence of such facts as would lead a person of ordinary caution and
prudence to entertain an honest and strong suspicion that the person charged is guilty of the
crime subject of the investigation.
- More than bare suspicion but less than evidence to justify conviction.
- At least 4 years, two months one 1 day - Preliminary Investigation is REQUIRED

- Below 4 years, two months and 1 day - Not required.
- WHEN NOT REQUIRED:
1. Filing the complaint or information directly with the MTC
2. Filing the complaint with the office of prosecutor
- If judge finds probable cause. he shall issue a warrant of arrest. If he was already arrested,
issue a commitment order instead.
- The judge may not issue if he is satisfied that there is no necessity for placing the accused
under custody.
WHEN PI IS NOT REQUIRED EVEN IF THE OFFENSE IS HIGHER THAN 4 YEARS, 2 MONTHS 1 DAY:

CRIMINAL PROCEDURE
RIANO BOOK
1. Valid warrantless arrest

- Inquest proceedings will be proper
- However, Such person may ask for Preliminary investigation before the complaint is filed
but he must sign a waiver IN WRITING of the provisions of Article 125 of RPC in the presence of
the counsel.
- Even if complaint has already been filed, The person may still ask for PI WITHIN 5 DAYS
FROM THE TIME HE LEARNS OF ITS FILING.
- Such person may still apply for bail even after waiver of Art 125.
- Any person in custody who is not yet charged in court may apply for bail.
- It is filed and issued by the court in the province, city where the person arrested is held
- Questioning the regularity or absence of PI shall be done before he enters plea or else
deemed waived.
- Application of bail does not bar him from questioning the validity of PI
- Absence of PI is not one of the grounds for motion to quash.
- If before plea it was objected, The court shall not dismiss the case. It shall hold in abeyance
the case and remand the it to the prosecutor to conduct the PI.
- Absence of PI does not affect court’s jurisdiction over the case.
INQUEST PROCEEDINGS - Conducted when a person is lawfully arrested without warrant involving
even also an offense which requires a PI.
- Inquest is conducted by public prosecutor

- Should it be found that the arrest was properly effected, the officer shall ask if he desires to
avail himself of preliminary investigation.
- The inquest conducted must be for the offense for which the detainee was arrested.
WHO MAY CONDUCT PRELIMINARY INVESTIGATION:

1. Provincial or city prosecutors and their assistants
2. National and regional state prosecutors
3. Other officers authorized by law
- Judges of first level courts are no longer allowed to conduct PI.

- Comelec has the power to conduct preliminary investigation of all election offenses
punishable under OEC
- The power is concurrent with other prosecuting arms. The Comelec no longer needs to
deputize other prosecuting arms of the government.
- Ombudsman has the authority to investigate and prosecute on its own or on complaint by
any person.
- Preliminary investigation is not a mere formal or technical right but a substantive one forming
part of due process
STEPS IN PRELIMINARY INVESTIGATION

1. Filing of the complaint with the investigating prosecutor

CRIMINAL PROCEDURE
RIANO BOOK
2. The investigating officer has 10 days to decide whether

1. Dismiss the complaint
2. Issue subpoena to respondent in case he finds the need to continue with the
investigation.
3. The respondent shall be required to submit his counter-affidavit
- The respondent who receives the subpoena is not allowed to file MD in lieu of
counteraffidavit
- If the respondent did not submit counter affidavit, The investigating officer shall resolve the
complaint based on the evidence presented by the complainant.
- This is the same effect of an ex parte investigation
4. A hearing may be set up by the investigating officer
- Parties can be present in the hearing but they have no right to examine or cross examine
each other or witnesses.
- Clarificatory hearing is discretionary
5. Within 10 days from the termination of the hearing the prosecutor must decide.
HIERARCHY OF PERSONS WHO SHALL SUBSCRIBE THE AFFIDAVITS:

1. Any prosecutor
2. Government official authorized to administer oaths
3. Notary public
- A prosecutor has no obligation to file a criminal action. It is discretionary.

- Mandamus will not lie
- Even in the absence of a certification as to the holding of Preliminary investigation, The
information is still considered valid because it is not an essential part of the information
- No information may be filed or dismissed by an investigating prosecutor without the prior
written authority or approval of the provincial or city prosecutor
- The resolution of the investigating officer may be reversed or affirmed y the provincial or
city prosecutor or chief state prosecutor or ombudsman
- When the Investigating prosecutor recommends dismissal of the complaint, The provincial or
city prosecutor or his deputy may reverse such if and may file an information against the
respondent or direct another assistant prosecutor or state prosecutor to do so without the
conduct of another Preliminary investigation.
- The aggrieved party may file a motion for reconsideration within 15 days from the receipt of
the assailed resolution
- An appeal may be brought to the Secretary of Justice from the resolutions of Chief state
prosecutor, Regional State prosecutor and provincial city prosecutor within 15 days from the
receipt of such resolution by means of filing a PETITION FOR REVIEW.
- The appeal does not hold or prevent the filing of information in court unless Secretary of
justice directs otherwise.
- A party filing for petition for review is allowed to file a motion for the suspension of
arraignment.
- The Secretary of Justice may direct the prosecutor either to file the corresponding information
without conducting another PI or to dismiss or move for the dismissal of the complaint .
- Secretary of justice can reverse or modify the resolutions of prosecutors.

CRIMINAL PROCEDURE
RIANO BOOK
- The court cannot interfere with the discretion of the Executive department in the course of
Preliminary investigations EXCEPT when there is Grave abuse of discretion
- If there is Grave abuse of discretion to the act of the Secretary of Justice, Petition for Certiorari
(Rule 65) may be filed to the CA. RULE 43 IS NOT THE PROPER REMEDY
- Appeals from petition for review from the decisions of Secretary of Justice may be entertained
by the Office of the President under the following jurisdictional facts:
1. Punishable by reclusion perpetua to death
2. New materials are raised which were not previously presented before the DOJ.
3. Prescription of the offense is not due to the laps within 6 months from notice of the
questioned resolution
4. Within 30 days from notice.
- Decisions from the Office of the president may be appealed by PETITION FOR REVIEW TO CA
within 15 days from notice via RULE 43.
- The aggrieved party from CA may avail of an appeal by certiorari by RULE 45 to the SC
- Record of the PI shall NOT FORM PART of the record of the case.
- The court on its own motion or a motion of a party may order the production of the record.
FILING OF COMPLAINT TO THE COURT

- The judge shall personally examine the resolution of the prosecutor.
- If fails to establish probable cause: DISMISS
- If finds probable cause: He shall issue a warrant of arrest or commitment order
WARRANT OF ARREST IS NOT REQUIRED:

1. Lawful warrantless arrest
2. Charged of an offense punishable by ONLY FINE
3. Rules of Summary procedure
- Once a criminal action is filed in court, any disposition of the case or dismissal or conviction of
the accused rests within the exclusive jurisdiction of the TRIAL COURT.
- The trial court shall not rely solely on the findings of the prosecutor. It musth make an
independent evaluation or assessment
- A motion to withdraw an information filed by the city prosecutor shall be decided based on
the independent assessment of the trial court. The trial court is not bound with the resolution
of the prosecutor.
- However, an appeal of the resolution of a prosecutor may still be made notwithstanding that
informations had already been filed in court.
- Preliminary investigation does not require confrontation between parties
- Want of oath is a mere defect of form which does not affect the substantial rights of the
defendant on the merits.

CRIMINAL PROCEDURE
RIANO BOOK
_____________________________________________________________________________________________
ARREST
RULE 113
Arrest - Taking of a person into custody in order that he may be bound to answer for the
commission of n offense.
- A submission to the custody of the person making the arrest already constitutes arrest.
- If at the time of the apprehension a crime has already been committed, It must be based on
PROBABLE CAUSE.
- Probable cause must be based on PERSONAL KNOWLEDGE by the arresting officer
REQUISITES FOR THE ISSUANCE OF WARRANT OF ARREST

1. Probable cause
2. Personally examined by the judge
3. Person shall be particularly described
- Probable cause is more than suspicion but less than evidence that would justify conviction.
- The judge is not required to personally examine the complainants and his witnesses. He is only
mandated to PERSONALLY EXAMINE AND EVALUATE THE REPORT AND THE SUPPORTING
DOCUMENTS submitted by the fiscal.
- Personal determination means that he should not solely rely on the report of the
investigating officer
- No hearing de novo in the determination of probable cause in the issuance of warrant of
arrest
- The person making an arrest shall inform the person of the cause and the fact that a warrant
has been issued for his arrest. It shall not be required when:
A. Flees
B. Forcibly resists
C. Imperils the arrest
- The office need not have the warrant of arrest at the time of the arrest
- The arrest warrant shall be shown to him as soon as practicable or when the person
arrested so requires.
- Person arresting has the authority to orally summon as many persons as he deems necessary
to assist him in effecting the arrest
- Every person is required to give assistance except if it will be detrimental to himself
- Officer has the authority to break into any building or enclosure in case he is refused
admittance after announcing his authority and purpose
VALID WARRANTLESS ARREST:

1. In flagrante Delicto - In his presence, the person to be arrested has committed, is actually
committing or is attempting to commit an offense
2. Hot Pursuit - Offense has just been committed and he has probable cause to believe based
on his personal knowledge of the facts or circumstances that the person to be arrested
commit it.

CRIMINAL PROCEDURE
RIANO BOOK
3. Escapee - A prisoner who has escaped from a penal establishment or place where he is
serving final judgment or temporarily confined while his case is pending.
- Public officer or private person (Citizen’s Arrest) may effect such arrest
- A bondsman may arrest an accused for the purpose of surrendering him to court.
- An accused released on bail may be re arrested without a warrant if he attempts to depart
from the PH without permission of the court.
IN FLAGRANTE DELICTO
- Mere suspicion and reliable information are not justifications
- The accused must perform some overt act that would indicate that he has committed, is
actually committing or is attempting to commit an offense.
REQUISITES OF IN FLAGRANTE DELICTO

1. Overt act indicating that he has just committed, is actually committing or is attempting to
commit a crime
2. Done in the presence or within the view of the arresting officer/individual
- Officers received a tip from an informer that the accused was on board an IDENTIFIED vessel
on a particular time and date was carrying drugs. The accused was descending of the ship
and the officers arrested him.
- SC: INVALID ARREST. No overt act done in the presence. The officers could have obtained
a warrant since they had at least 2 days to apply for the same still they failed to acquire
such warrant (PEOPLE VS AMINNUDIN)
- Reliable information alone without an overt act done in the presence of the arresting officer -
NOT IN FLAGRANTE DELICTO
- Mere allegation that the person is moving fast and is looking at every person is not sufficient.
- Mere looking from side to side and clutching his abdomen and walking in a clear light of day -
NOT IN FLAGRANTE DELICTO
- Even when in the surveillance of the police but at the time of the arrest, no overt act was
committed- NOT VALID WARRANTLESS ARREST
- In a Bus trip, The accused placed her bag ON THE BACK SEAT instead of the normal practice
of placing it by her side. Since it is unusual for a traveler to do that, SUSPICION OF THE AGENT
WAS AROUSED. He then inserted his finger inside and felt another plastic from which
emanated the smell of marijuana. THERE WAS VALID WARRANTLESS ARREST (People vs Anita
Claudio)
- Police officers with Barangay tanods were conducting surveillance operations in a bus station
to check on persons who may be engaging in the traffic of dangerous drugs based on the
informers. They noticed a person who was acting suspiciously. Dangerous drugs were found.
SC: Valid warrantless arrest because the officers wren faced by an on the spot information
which required them to act swiftly. (PEOPLE VS TANGLIBEN)
- Confidential reports from the informers of the transport of marijuana. Officers set ups
checkpoint. A jeepney were identified by the informers manning the checkpoint. Drugs were
seized. - VALID ARREST (People VS Maspil)
- In Aminnudin, It was invalid search because the officers were aware of the identity of the
accused and the vessel taking and they had sufficient time to get the warrant. In Maspil, They
had no exact description of the vehicle and no definite time of arrival.

CRIMINAL PROCEDURE
RIANO BOOK
HOT PURSUIT
REQUIREMENTS:
1. That the offense has just been committed
2. The person making the arrest has personal knowledge of facts indicating that the person
arrested committed it.
- If made one year after the offense was committed - ILLEGAL ARREST
- This does not require that the arresting officers personally witnessed the commission with their
own eyes. Personal knowledge of facts must be based on probable cause which means
actual belief or reasonable grounds of suspicion
- Act of the accused of trying to get away coupled with the incident report is enough to raise a
reasonable suspicion on the part of the police.
- The right to break into building or enclosure can be performed only by PUBLIC OFFICERS. Not
an individual.
- Arrest may be made on any day and at any time of the day or night
RIGHTS OF THE PERSON ARRESTED:

1. Assisted by counsel at all times
2. Right to remain silent
3. To be informed of the above rights
4. To be visited by the immediate members of his family, by his counsel or by any non
governmental organization national or international
- Counsel shall be independent and competent

- In absence of a lawyer, No custodial investigation shall be conducted
- Any waiver of Art 125 shall be in writing and signed by the person arrested in the presence of
his counsel otherwise void.
- Any extrajudicial confession made shall also be in writing and signed by the person arrested in
the presence of his counsel or in the latter’s absence, upon a valid waiver, and in the
presence of any of the parent’s older brothers and sisters, spouse, municipal mayor, municipal
judge, district school supervisor or priest, minister of the gospel as chosen by him.
- Otherwise, INADMISSIBLE
Custodial Investigation - Shall include the practice of issuing an invitation to a person who is
investigated in connection with an offense he is suspected to have committed without
prejudice to the liability of the inviting officer for any violations of law.
- If arresting officer shall failed to inform a person of his rights - LIABLE UNDER RA 7438
- Any person who obstructs, prevents or prohibits a person to be visited by the people entitled
to visit - liable under RA 7438
- The legality of an arrest affects only Jurisdiction over the person

- Waiver of an illegal warrantless arrest does not mean a waiver of the inadmissibility of the
evidence seized.

CRIMINAL PROCEDURE
RIANO BOOK
- An application to bail shall not bar a person to challenge the validity of his arrest provided
that he raises it before plea.
- If challenges validity of arrest first time on appeal - DEEMED WAIVED.
- VALIDITY OF ARREST MUST BE QUESTIONED BEFORE HE ENTERS PLEA. Or else WAIVED.
- It must be raised in a MOTION TO QUASH
PERSON NOT SUBJECT TO ARREST

1. Senator or member of HOR in all offenses punishable by NOT MORE THAN 6 YEARS OF
IMPRISONMENT while congress is in session.
2. Under generally accepted principles of international law, Sovereigns, other chiefs of state,
Ambassadors, Ministers Plenipotentiary, Ministers Resident, Charge De Affaires
3. Duly accredited ambassadors, public ministers of foreign country and their duly registered
domestics.
_____________________________________________________________________________________________
SEARCH AND SEIZURE
RULE 126
Search Warrant - An order in writing issued in the name of the people of the PH signed by a
judge and directed to a peace officer commanding him to search for personal property
described therein and bring it before the court.
- Issued under police power

- Power is exclusively vested with the trial judge
- A search may follow an arrest but the search must be incident to a lawful arrest
- Probable cause to arrest is not probable cause to search
WHERE TO FILE SW:

- It must be filed before any court within whose territorial jurisdiction a crime was committed.
- Exceptions:
1. Application may be made before any court within the Judicial region where the time was
committed if the place of the commission of the crime is known
2. Any court within the judicial region where the warrant shall be enforced
3. Made inly in the court where the criminal action is pending if already filed.
IF INVOLVING HEINOUS CRIMES, ILLEGAL GAMBLING, DANGEROUS DRUGS AND ILLEGAL

POSSESSION OF FIREARMS:
1. Executive judge and vice executive judges of RTC of Manila and QC filed by:
1. PNP,
2. NBI
3. Philippine Anti-Organized Crime Task Force (PAOC TF)
4. Reaction Against Crime Task Force (REACT TF)
- Such Search warrants may be served outside manila
- Assistant heads of such agencies may validly endorse
- Application for SW shall be heard ex parte

CRIMINAL PROCEDURE
RIANO BOOK
PERSONAL PROPERTY SUBJECT OF SW

1. Subject of the offense
2. Stolen or embezzled and other proceeds or fruits of offense
3. Used or intended to be used as a means of committing an offense.
- Only personal property described therein may be seized by authorities
REQUISITES FOR THE ISSUANCE OF A SEARCH WARRANT:

1. There must be probable cause in connection with one specific offense
2. Presence of probable cause is to be determined by the judge personally
3. The determination by the judge must be made after an examination under oath of the
complainant and the witnesses he may produce.
4. Warrant must specifically describe the place to be searched and the things to be seized
which may be made anywhere in the PH.
- After a judge has issued a warrant, he is not precluded to subsequently quash the same if he
finds upon reevaluation of the evidence that no probable cause exists
- The probable cause must be shown to be within the personal knowledge of the complainants
and witnesses and not based on hearsay
- The examination must be in the form of searching questions and answers
- The statements must be in writing and under oath
- Description of the place to be searched is sufficient if the officer can without reasonable effort
ascertain and identify the place intended and distinguish it from other places.
- Search warrant must name the person who occupies the described premises.
- “The apartment house occupied by Manuel Estrada at San Jose, 2nd Story of white house”
was ruled by the SC as identifying the particular unit to be searched.
- John Doe warrant is allowed as an exception. The best possible description of the person must
be stated in the warrant. It must be sufficient to indicate clearly on whom it is to be served by
stating his occupation, personal appearance and peculiarities and the place of his residence.
- The person can be identified by a name which others use in calling him even if it is not his real
name. The description of the person with certainty to identify him and set him apart from
others is enough to lend validity of warrant.
General warrants - do not describe things to be seized with the required particularity.
- General warrants are prohibited by the rules. Things to be seized shall be particularly
described
- It must be particularly described that it leaves nothing to the discretion of the officer who
conducts the search.
- “Papers showing or tending to show the trafficking of cocaine” is a general warrant
- Description like “stolen materials”, “Obscene materials” or “other articles of merchandise too
numerous to mention” are held inadequate.
- “Books of accounts, financial records, vouchers, journals, correspondence, receipts, ledgers,
portfolios, and other documents and papers showing all business transactions” is too broad
and general. (Stonehill VS Diokno)

CRIMINAL PROCEDURE
RIANO BOOK
- “Television sets, video cassette recorders, rewinders, take head cleaners, accessories,
equipment, and other machines used or intended to be used in the unlawful reproduction of
video tapes” held inadequate by the court. (20th Century Fox VS CA)
- High degree of particularity is required to those books or other materials not yet been
adjudged obscene.
- General warrant was allowed as an exception when a more specific description of the things
to be seized is not available.
- “Unlicensed firearms of various calibers and ammunitions for the said firearms” was held
ADEQUATE by the SC. The officers had no way of knowing the caliber unless they get close to
the weapons.
- The law does not require that the property to be seized should be owned by the person
against whom the search warrant is directed. It is sufficient that he has control and possession
- Where a warrant was limited only to a store as described, it does not extend to the apartment
units located at the back of the store.
- A warrant includes the authority to open closets, drawers, chests, and containers.
- Search warrant does not extend to the authority to search all persons in the place.
- Validity of search warrant is for 10 days from its date. Thereafter it shall be VOID.
- SW shall be served in daytime. As an exception the warrant may insert a direction that it may
be served at any time of the day or night.
- The search shall be made in the presence of the lawful occupant of the premises, or any
member of the lawful occupant’s family or in the presence of 2 witnesses of sufficient age
and discretion residing in the same locality
- The officer may break open any outer or inner door when refused admittance after knocking
and announcing his purpose.
- The officer must deliver the property seized and must make a true inventory verified under
oath.
- Violation to such shall constitute CONTEMPT OF COURT.
- Objection concerning the issuance of warrant shall be made before his plea or else waived.
- Motion to quash a SW shall be filed in the court where the action has been instituted.
- If not yet instituted, In the court that issued it.
- Legality of search warrant can only be contested by the party whose rights have been
impaired thereby. It is purely personal and it cannot be availed by third parties.
WARRANT OF ARREST SEARCH WARRANT
Seizure of person Search of things
The judge must have sufficient facts that Requires facts to show that particular things
would tend to show that a crime has been connected with a crime are found in a specific
committed by that particular person location
No personal examination on the complainant Personal examination on the complainant and his
witnesses
May be made any day and at any time of the Generally served at day time unless there is a
day direction in the warrant that it may be served AT
ANY TIME OF THE DAY OR NIGHT
CRIMINAL PROCEDURE
RIANO BOOK
- Managers and officers of the corporation has the legal personality to question the validity of a
search on the things owned by the corporation
- Rule 65 (certiorari) is a proper remedy when there is grave abuse of discretion
SEARCH AND SEIZURE MAY BE ALLOWED EVEN WITHOUT SEARCH WARRANT WHEN:
1. Warrantless search incidental to a lawful arrest
2. Seizure of evidence in plain view
3. Search on moving vehicle
4. Consented
5. Customs search
6. Stop and frisk or Terry Searches
7. Emergency circumstances
8. Search of vessel and aircraft
9. Inspection of buildings and other premises for enforcement of fire, sanitary and building
regulations
REQUISITES OF PLAIN VIEW:

1. Prior valid intrusion based on valid warrantless arrest
2. Evidence was inadvertently discovered by the police who have the right to be where they
are
3. Immediately apparent
4. Plain view justified the seizure without further search
Warrantless search incidental to a lawful arrest

- Arrest must precede the search. Cannot be reversed.
- The scope of the search shall be limited to:
A. Dangerous weapons
B. Anything used in the commission of an offense
C. Constitute proof in the commission of an offense.
- The search is not only limited to the person lawfully arrested. It is also extended within the
permissible area within the latter’s reach or area of his immediate control.
- If accused was brought out of the room with hands tied, a locked cabinet could no longer be
considered as part of area within his immediate control
- A full search means searching any property associated with the arrestee’s body like clothing,
jewelry, watches and others attached to the person.
MOVING VEHICLES
- Because it is not practicable to secure a warrant because the vehicle can be quickly moved
out of the locality or jurisdiction
- It is enough that there is probable cause to believe prior to the search that they would find
the instrumentality or evidence pertaining to a crime in the vehicle searched.

CRIMINAL PROCEDURE
RIANO BOOK
CHECK POINTS
- Under exceptional circumstances, as where the survival of organized government is on the
balance, or where the lives and safety of the people are in grave peril, checkpoints may be
allowed.
- It is limited to visual search.
- The vehicle is neither searched nor its occupants subjected to body search
BUY BUST OPERATION

- It is a form of entrapment legally employed by peace officers as an effective way of
apprehending drug dealers in the act of committing an offense.
- SW is not needed
- In flagrante delicto
ENTRAPMENT INSTIGATION
Employment of such ways and means for the Means by which the accused is lured into the
purpose of trapping or capturing a lawbreaker commission of the offense charged in order to
prosecute him.
Criminal intent originated from the accused Criminal intent originated from the instigator
Not a defense Absolutory cause
TESTS IN ENTRAPMENT OPERATIONS

Subjective test - The focus is on the intent or predisposition of the accused to commit a crime.
Objective Test - Focus is on the particular conduct of law enforcement or their agents.
- PH adopts Objective test
- The details of the purported buy bust operation must be clearly and adequately shown.
Starting from the initial contact up until apprehension.
- The manner of the police officers is the one subject of strict scrutiny
- Prior surveillance before buy bust operations is not required.

- Non recording of the buy bust operation in the police blotter will not affect the validity of the
operations
PLAIN VIEW DOCTRINE

- Permits an officer while lawfully engaged in an activity and lawfully present in a particular
place, to seize an apparently illicit object without obtaining a warrant
- When the object was inside a closed package, object is not in plain view.
- If the package is such that an experienced observer could infer from its appearance that it
contains the prohibited article, then it is deemed in plain view.
- The item must be incriminating and must also be IMMEDIATELY APPARENT
- There must be inadvertence. The officer must not have known in advance the location of the
evidence and discovery is not anticipated.
- Plain view doctrine does not apply where the police officers did not just accidentally
discover the evidence but actually searched for it.

CRIMINAL PROCEDURE
RIANO BOOK
- During gun ban, Police officers caught a person who has gun tucked in his waist. SC: There is
valid search and seizure.
- There was report of a shooting accident. The police saw a firearm after the accused opened
his car. SC: Valid
TERRY SEARCHES OR STOP AND FRISK

- Two parts. The stop and the frisk
- A valid STOP by officer requires that he has a reasonable and articulable belief that criminal
activity has happened or is about to happen
- Frisk made after the stop must be done because of REASONABLE BELIEF that person stopped is
in possession of a weapon that will pose a danger to the officer or others.
- Frisk MUST be a mere pat down outside the person’s outer garment and not unreasonably
intrusive.
- Probable cause IS NOT REQUIRED
- Mere Reasonable belief or Genuine reason that a crime has taken place or is about to take
place.
- Before an officer stops a person, the act must be justified by concrete facts pointing at the
least towards a possible criminal activity.
- There must be a SPECIFIC AND ARTICULABLE FACTS. Mere suspicion is not sufficient
- Police apprehended a person with reddish eyes walking in a swaying manner. SC upheld the
stop and frisk
TERRY SEARCH / STOP AND FRISK SEARCH INCIDENT TO LAWFUL ARREST
Not a full arrest There is a full arrest
Does not require probable cause. Mere Probable cause must exist
reasonable belief.
- A bond to ensure the return of the seized items has no basis in law.
CONSENTED SEARCH
- It must be voluntary, unequivocal, specific and intelligently given uncontaminated by any
force or duress.
- A peaceful submission is not consent but is merely a DEMONSTRATION OF REGARD FOR THE
SUPREMACY OF THE LAW.
REQUISITES TO A VALID WAIVER

1. Right exists
2. Person involved had knowledge of the existence of the right
3. Actual intention to relinquish the right
EFFECT OF ILLEGAL SEARCH (FRUIT OF THE POISONOUS TREE DOCTRINE)

- Any evidence obtained in violation of the constitution or the rules shall be inadmissible.
- Such may be quashed through Motion to quash the search warrant or motion to suppress the
evidence.

CRIMINAL PROCEDURE
RIANO BOOK
CIVIL DAMAGES
- May be filed in a separate action based on the concept of independent civil action for
violations of person’s right to be secure in his persons, house, papers and effects.
_____________________________________________________________________________________________
RULE 114
BAIL
- Security given for the release of the person in custody of law furnished by him or a bondsman
to guarantee his appearance before any court as required under certain specified
conditions.
- Bondsman - Furnishes the security
- Purpose of bail is to guarantee the appearance of person before any court when so required.
- Right to bail is a constitutional right. It is personal and waivable
- It springs from the presumption of innocence until proven guilty beyond reasonable doubt.
- Bail is not intended to cover the civil liability of the accused
- It may be applied to the payment of fine and costs while the excess if any shall be returned to
the accused or to whoever made the deposit.
- Granting of bail has no impact to civil liability
- All prisoners whether preventive or final judgment, cannot practice their profession nor
engage in any business or occupation, hold office, elective or appointive while in detention
- Presumption of innocence does not carry with it full enjoyment of civil and political rights
KINDS OF BAIL
1. BAIL AS A MATTER OF RIGHT
2. BAIL AS A MATTER OF DISCRETION
- When charged with offenses punishable by Reclusion perpetua
- Evidence of guilt is strong - NOT BAILABLE
- Evidence of guilt is not strong - BAILABLE
- Suspension of privilege of writ of habeas corpus does not impair the right to bail
- No distinction as to political complexion or moral turpitude involved.
PROOF EVIDENT / EVIDENT PROOF - Clear, strong evidence which leads a well guarded
dispassionate judgment to the conclusion that the offense has been committed as charged and
that the accused is guilty and that he will probably be punished capitally
PRESUMPTION GREAT - Inference of guilt naturally to be drawn therefrom is strong, clear and
convincing to an unbiased judgment and excludes all reasonable probability of any other
conclusion.
- The word strong does not mean proof beyond reasonable doubt.
- The bail shall not be excessive in such a way that it becomes meaningless
- There is no right to bail in the Military

CRIMINAL PROCEDURE
RIANO BOOK
BAIL IN EXTRADITION PROCEEDINGS

- GR: Bail does not apply to extradition proceedings because they do not render judgments of
conviction or acquittal
- Extradition proceeding is not criminal in nature.
- EXCEPTION: After the extradite has been arrested it may be granted bail provided:
A. Once granted bail, the applicant will not be a flight risk or danger to the community
B. There exist special, humanitarian and compelling circumstances
- Extradition is an executive not a judicial responsibility

- PH jurisprudence has not limited the exercise of right to bail to criminal proceedings. It can be
applied to administrative proceedings like deportation
- The right of the prospective extradited to apply for bail must be viewed in the light of the
various treaty obligations of the PH concerning respect for the promotion of human rights.
BAIL IN DEPORTATION PROCEEDINGS

- Grant of bail is only discretionary and not mandatory on the part of the Commissioner of
Immigration
- Power and discretion is granted to the Commissioner of Immigration and not to the courts.
- Bail may be furnished by the applicant or a bondsman
OBLIGATIONS AND RIGHTS OF BONDSMAN

1. Shall surrender the accused to the court for execution of final judgment
- The Bondsman may arrest him, or upon written authority cause him to be arrested by a
police officer or any other person of suitable age.
- An accused released on bail may be rearrested without the necessity of a warrant of
arrest if he attempts to depart from the PH without permission of the court
- Bail cannot be availed by someone outside the custody of the law.

- A fugitive may not apply for bail unless he gives himself up first to the custody of law.
UNDER THE CUSTODY OF LAW - Arrested or voluntarily surrendered himself.
- A person in hospital may be deemed in custody of law if he clearly communicates his

submission
BAIL TO GUARANTEE APPEARANCE OF MATERIAL WITNESS

- A material witness may be required by the court to post bail if the court is satisfied that he will
not testify when required.
- If he refuses to post bail, The court may commit him to prison until he complied.
- A person in custody of the law may post for bail even if he is not yet charged in court.
- The application for bail shall be made with any court in the province where the person is
arrested.

CRIMINAL PROCEDURE
RIANO BOOK
- MTC Judge has no authority to grant bail to the accused arrested outside his territorial
jurisdiction
- Failure of the accused to appear at the trial without justification despite due notice shall be
deemed a waiver on his right to be present and TRIAL MAY PROCEED IN ABSENTIA
- The grant of bail shall not be conditioned upon the prior arraignment of the accused.
Arraignment is not a necessary element for bail.
- Application for bail in a case involving an offense punishable by reclusion perpetua to death
may also be heard even before accused is arraigned.
- Person may apply for bail the moment he is deprived of his liberty by virtue of arrest of
voluntary surrender.
FORMS OF BAIL:
1. CORPORATE SURETY - Furnished by a domestic or foreign corporation duly licensed as a
surety and authorized to act as such subscribed jointly by the accused and the officer of the
corporation duly authorized by the BOD
2. PROPERTY BOND - Constituted as a lien on the real property given as a security for the
amount of bail. Within 10 days from approval the accused shall cause the annotation on the
COT. Within 10 days from the performance, Accused shall submit compliance to the court.
REQUISITES FOR PROPERTY BOND:

1. Resident owner of real estate within PH
2. Real estate must be worth at least the amount of bail
- Every surety is also required to justify in an affidavit taken before the judge that he possesses
the qualifications of a surety
- No bail shall be approved unless surety is qualified.
3. CASH DEPOSIT - Accused or any person in his behalf may deposit in cash with the nearest
collector of internal revenue or municipal, city or provincial treasurer or the clerk of court where
the case is pending the amount fixed.
- A judge is not authorized to receive cash deposits
4. RECOGNIZANCE - Obligation of record entered into before some court duly authorized to take
it, with the condition to do some particular act.
- It may be on the recognizance of the accused or other responsible person.
RECOGNIZANCE MAY BE PROPER WHEN:

1. Offense charged is for violation of ordinance, light felony or criminal offense, the imposable
penalty which DOES NOT EXCEED 6 MONTHS IMPRISONMENT AND/OR 2K FINE.
2. In custody for a period to or more than the minimum of the imposable principal penalty
without application to ISLAW. The court may either grant release on his own recognizance or
reduced bail.
3. When accused applied for probation pending finality of judgment
4. Youthful offender
5. Summary procedure when the accused has been arrested for failure to appear when
required.

CRIMINAL PROCEDURE
RIANO BOOK
- The inability of the accused to secure bail in a certain amount is not solely to be considered
and this fact alone does not make it excessive
- Judge shall consider the following factors but are not limited to:
1. Financial ability
2. Nature
3. Penalty
4. Character or reputation
5. Age, health
6. Weight of evidence
7. Probability of appearing to court
8. Forfeiture of other bail
9. Pendency of other cases
- Bail shall be effective upon approval and unless cancelled shall remain in force at all stages
of the case until promulgation of judgment of RTC irrespective of whether 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 during the entire period of appeal.
INSTANCES WHERE BAIL IS NOT REQUIRED

- If person has been in the custody for a period equal to or more than the possible maximum
imprisonment - RELEASED IMMEDIATELY
- Destierro - 30 days
- In cases filed in MTC for offense punishable by imprisonment of less than 4yr,2m,1day, and the
judge is satisfied that there is no necessity for placing the accused under the custody of the
court, HE MAY ISSUE SUMMONS ONLY INSTEAD OF WARRANT OF ARREST.
- IN SUCH CASE, BAIL IS NOT REQUIRED.
- If charged with the violation of municipal ordinance, light felony with penalty not higher than
6 months or fine of 2k.
- EXCEPT:
1. In flagrante delicto
2. Confesses the commission of the offense
3. Escapee
4. Recidivism, Habitual delinquent, Guilty of Reiteracion
5. Commits an offense while on parole or conditional pardon
6. Pardoned for at least 2 times.
: INSTEAD OF BAIL, They are required to report to clerk of court every 2 weeks
WHEN BAIL IS NOT ALLOWED:

1. Reclusion perpetua and guilt is strong
2. After judgment of conviction has become final
3. Commencement of sentence

CRIMINAL PROCEDURE
RIANO BOOK
WHEN BAIL IS A MATTER OF RIGHT:

1. Before and after conviction by MTC
2. Before conviction by RTC of an offense not punishable by death, reclusion perpetua, life
imprisonment
- If punishable only by prision correccional - MATTER OF RIGHT regardless of circumstance

- Presence of high degree of probability that the defendant will abscond only entitles the judge
the increase the bail. not to reject it.
WHEN BAIL IS NOT A MATTER OF RIGHT:

1. Charged with an offense punishable by RP, LI
1. If evidence is strong - NOT ADMITTED
2. If Not strong - May be admitted.
2. When convicted in RTC of an offense not punishable by death, RP LI
- Hearing shall be conducted. It summary in nature

- If bail is denied: REMEDY: CERTIORARI RULE 65
- The application for bail may be filed with the trial court even if notice of appeal has already
been filed provided that the court has not yet transmitted the original record to the appellate
court
- If already transmitted, File with the appellate court.
- If the decision of trial court convicting the accused changed the nature of the offense from
Non bailable to bailable, The application for bail can only be filed and resolved by the
APPELLATE COURT
- EVEN IF THE PENALTY IMPOSED IS ONLY ABOVE 6 YEARS, BAIL SHALL BE DENIED IF:
1. Recidivist, quasi recidivist, HD or reiteration
2. Escapee
3. Committed an offense while on probation, parole or conditional pardon
4. Probability of flight if released on bail
5. Undue risk that he will commit a crime
- It is still discretionary. Absence of any circumstance will not warrant automatic grant
- No cancelation or denial of bail ex parte. There should be notice
Summary hearing - Brief and speedy method of receiving and considering the evidence of guilt
as practicable and consistent with the purpose of hearing which is merely to determine whether
the evidence is strong for the purposes of bail.
- Even if it is bailable but the probability of escape is great, the court may deny the bail
- The evidence presented during the bail hearing shall be automatically reproduced at the trial
Capital offense - Punished by death

- It is determined by the penalty imposable and not penalty imposed

CRIMINAL PROCEDURE
RIANO BOOK
- The amendatory of 9346 extends only to the application of death penalty but not the
definition of classification of crimes
- Thus the reckoning penalty shall not be death anymore. It shall be from Reclusion perpetua.
Death is not anymore included in the graduation of penalties
WHERE TO FILE APPLICATION FOR BAIL

1. Court where the case is pending
2. If arrested in a province, city or municipality other than where the case is pending - FILE IN
ANY RTC OF SAID PLACE
3. When Bail is a matter of discretion: Where pending
4. In custody but not yet charged: Any court in the province where he is held
- Even if already admitted to bail, it may be increased or reduced by the court.

- If originally released without bail, he may be required later to post bail
- If he fails to appear in person as required, his bail shall be declared FORFEITED.
- The bondsman shall be given 30 days within which to produce their principal and to show
cause why no judgment should be rendered against them
- Failing in this requirements, a Judgment shall be rendered against bondsmen jointly and
severally for the amount of bail.
- Judgment against the bondsmen cannot be entered unless such judgment is preceded by an
order of forfeiture and opportunity given to the bondsmen to produce the accused or to
adduce reason for their inability
- Order of Forfeiture is interlocutory
CANCELLATION OF BAIL
- Upon application of the bondsman with due notice to the prosecutor upon:
- Surrender of the accused
- Proof of death
- The bail may also be deemed automatically cancelled upon:
- Acquittal, Dismissal or execution of judgment of conviction
_____________________________________________________________________________________________
RULE 115
RIGHTS OF THE ACCUSED
1. To be presumed innocent until contrary is proven beyond reasonable doubt
2. To be informed of the nature and cause of the accusation
3. To be present and defend in person and by counsel at every stage of proceedings
4. To testify as witness on his own behalf
5. Self incrimination
6. Confront and cross examine
7. Compulsory process to secure attendance of witnesses
8. Speedy, impartial and public trial
9. To appeal

CRIMINAL PROCEDURE
RIANO BOOK
PRESUMPTION OF INNOCENCE
- It prevails over presumption of regularity in the performance
- Proof beyond reasonable doubt is indispensable to overcome the constitutional presumption
of innocence
- Proof beyond reasonable doubt does not mean such a degree of proof as, excluding
possibility of error, produces conviction in an unprejudiced mind.
- Mere moral certainty is required.
- Prosecution must rest on its own merits and must not rely on the weakness of the defense
- The court shall review the totality of evidence presented by the parties. It should not confine
itself to oral testimony during the trial
EQUIPOSE RULE - Where the evidence in a criminal case is evenly balanced, the constitutional
presumption of innocence tilts the scales in favor of the accused.
- It is basic constitutional right of the accused persons to be informed of the nature and cause
of accusation against them
- Qualifying and aggravating circumstances shall be alleged
- Minor variance between the information and the evidence does not alter the nature of the
offense nor does it determine or qualify the crime of the penalty.
- Failure to file a motion to quash the information cannot amount to a waiver of the
constitutional right to be informed.
- In Criminal cases, the right of an accused to be assisted by a member of the bar is immutable.
Even if the judgment has become final and executory, it may still be recalled and the
accused be afforded of the opportunity to be heard.
- Any person arrested, detained or under custodial investigation shall at all times be assisted by
counsel.
CUSTODIAL INVESTIGATION - Where the police investigation us no longer a general inquiry into
an unsolved crime but has begun to focus on a particular suspect taken into the custody by the
police who carry out process of interrogation that lends itself to elicit incriminating statement
- It shall include the practice of issuing an invitation to a person who is investigated in
connection with an offense he is suspected to have committed.
- Custodial investigation report shall be in writing

- If the person arrested does not know how to read and write, it shall be read and adequately
explained to him by his counsel in the language or dialect known to him. If it is not done, it
shall be null and void.
- In absence of any lawyer, no custodial investigation shall be conducted.
- Failure to inform the suspect of her right to counsel during custodial investigation attains
significance only if the person under investigation makes a confession in writing without aid of
counsel
- The suspect must also be advised that he has the option to reject the counsel provided for him
by the police authorities
- The moment a police officer tries to elicit admissions or confessions or even plain information
from a suspect, the latter at this juncture be assisted by counsel unless he waives this right in
writing and in the presence of the counsel
- A police line up is not part of the custodial investigation

CRIMINAL PROCEDURE
RIANO BOOK
- Barangay chairman is not deemed a law enforcement officer. Suspect’s uncounselled

statement before the barangay chairman is admissible.
- The choice of counsel by the accused is not a plenary one. If chosen counsel deliberately
makes himself scarce, the court is not precluded from appointing a de officio counsel.
- Right to counsel may be waived but it must be in writing and signed in the presence of a
counsel
- Competent or independent lawyer should be present from the beginning to end, at all stages
of interview, counseling or advising caution reasonably at every turn of the investigation
- If fans to meet the qualifications of being competent and independent, Confession shall be
inadmissible
- If the participation of the lawyer was confined to the notarization of the confession alone, It is
not the assistance that the law contemplates
RIGHT TO COUNSEL IN ADMINISTRATIVE CASES

- It is not indispensable irrespective of the nature of charges and of respondent’s capacity to
represent himself
- Extrajudicial confession must be made with voluntariness and that it was given freely and
without any coercion.
REQUISITES OF EXTRAJUDICIAL CONFESSION UNDER CUSTODIAL INVESTIGATION

1. In writing and signed by the person arrested.
2. Signed in the presence of his counsel or in the latter’s absence, upon a VALID WAIVER
3. The waiver must be signed in the presence of any of the parents, elder brothers, and sisters,
spouse, the municipal mayor, municipal judge, district school supervisor, or priest
- Admissions made without assistance of the lawyer are inadmissible

- An extrajudicial confession made by an accused shall not be sufficient ground for conviction
unless corroborated by evidence of corpus delicti
- The accused’s confession to a bantam bayan is inadmissible in evidence if done without the
assistance of a counsel
- Bantay bayan are recognized by the local government to perform functions relating to the
preservation of peace and order at the barangay level
RIGHT TO SPEEDY TRIAL

- CONSTI: All persons shall have the right to a speedy disposition of their cases before all judicial,
quasi judicial or administrative bodies
- Defined as one free from vexatious, capricious and oppressive delays, its purpose being to
assure that an innocent person may be free from the anxiety and expense of court litigation.
- It is flexible. It depends upon the circumstances
- Although a speedy determination of an action or proceeding implies a speedy trial, speed is
not the chief objective of a trial. A genuine respect for the rights of all the parties is more
important
- Right extends to both parties
- It is violated when the proceedings are attended by vexatious, capricious and oppressive
delays

CRIMINAL PROCEDURE
RIANO BOOK
- It took them 4 years to finish the preliminary investigation. SC: The respondent was prejudiced
by the delay.
- Delay of 6 years by the Ombudsman in resolving the criminal action violated the right to
speedy trial
- A judge’s illness should not be an excuse for his failure to render the corresponding decision
- A heavy work load due to additional work as acting presiding judge in other courts is not a
sufficient justification for the delay because judges are allowed to file extensions in deciding
cases.
- Absence of clerk of court or stenographer should not affect the prompt disposition of cases.
The incompleteness of the transcript of stenographic notes is not a ground for delay
GR: Rules prescribing the time within which certain acts be done are ABSOLUTELY INDISPENSABLE
to the prevention of needless delays.
However, This right is flexible in nature. Delay shall be considered in view of the entirety of the
proceedings.
- A dismissal based on violation of speedy trial is equivalent to an acquittal and double

jeopardy may attach even if the dismissal is with consent of the accused.
- To exercise right to speedy trial, the accused should ask for the trial of the case first instead of
moving for its dismissal outrightly
 
Guidelines to determine violation of right to speedy trial:
1. Length of delay
2. Reason
3. Assertion or failure to assert such right by the accused
4. Prejudice
APPROACHES TO SPEEDY TRIAL

1. Fixed time period - Constitution requires a criminal defendant to be offered a trial within a
specified period
2. Demand waiver rule - A defendant waives any consideration of his right to speedy trial for
any period prior to which he has not demanded trial
3. Balancing Test - conduct of both the prosecution and defendant are weighed.
PRIVILEGE AGAINST SELF INCRIMINATION

- No person shall be compelled to be a witness against himself.
- The court may not extract from a defendant’s own lips and against his will an admission of his
guilt
- It may be waived. It is not self executing and not automatic. It must be claimed.
- It must be raised in response to each specific inquiry or it is waived.
- It does not give the witness to disregard a subpoena or decline an appearance before the
court
- It only applies to natural persons
- The papers and effects which the privilege protects must be the private property of the
person claiming the privilege or at least in his possession in a purely personal capacity
- A labor union cannot refuse to produce books and records in his custody

CRIMINAL PROCEDURE
RIANO BOOK
- The privilege protects a person from testimonial compulsion or evidence of a communicative

nature.
- Withdrawal of blood for testing is not in the scope of the privilege
- Wear particular clothing - not part of the privilege
- The prohibition against self incrimination applies to the use of physical or moral compulsion to
extort communications from him. NOT AN EXCLUSION OF HIS BODY AS EVIDENCE.
- If it is merely a compulsion to exhibit his physical characteristics, not part of the privilege.
- Line up, repeating words, fingerprinting, photography pr measurements to write or speak for
identification, to stand, assume a stance, walk, make particular gesture ARE NOT PART OF THE
PROTECTED RIGHT. It may be validly done. (MERE MECHANICAL ACTS)
- Court rejected a claim of privilege when the accused in a criminal action for acts of
lasciviousness was stripped of his clothing after his arrest and in his body was found a
substance consistent with gonorrhea.
- Obtaining DNA Samples will not violate the right against self incrimination
- Forced re-enactments come within the ban against self incrimination
- Writing is not a purely mechanical act because it requires application of intelligence and
attention. Compelling a person to write for the purpose of comparing it with the handwriting in
a document is not allowed. It is within the scope of the prohibition against self incrimination
(BELTRAN CASE)
- In MARCELO VS SANDIGANBAYAN, The purpose for securing the signature of the petitioner on
the envelopes was merely to authenticate the envelope as the one’s seized from him. Thus it
was upheld to be outside the scope of right against self incrimination
- Privilege against self incrimination extends not only to answers that would themselves support
a conviction but also to those which would furnish a link in the chain of evidence needed to
prosecute the claimant in the privilege.
- It is not necessary that a witness explain how his answer will tend to incriminate him since this
would compel him to surrender the protection to which the privilege is designed for.
- Privilege extends to lawyers advising a witness to invoke the privilege
- Persons who are mere custodian cannot claim the privilege
- The privilege can be assessed in any proceeding, civil or criminal, administrative, judicial,
investigatory or adjudicatory
CLAIM BY ACCUSED AND ORDINARY WITNESS

- An ordinary witness may be compelled to take the witness stand and claim the privilege as
each question requiring an incriminating answer
- An accused may altogether refuse to take the witness stand and refuse to answer any and all
questions
- An accused cannot be compelled to be a witness for the prosecution, co accused or even
for himself
- An ordinary witness only has the right to refuse to answer a particular incriminatory question
- This right is waivable. Thus an accused can testify in his own behalf and may be cross
examined on the matters covered by direct examination
- If a person freely answered an incriminating question, he could not refuse to answer further
questions which would possibly subject him to a danger of incrimination

CRIMINAL PROCEDURE
RIANO BOOK
FORMS OF IMMUNITY:
1. Transactional immunity/ Blanket or total immunity
- Completely protects the witness from future prosecution for crimes related to his or her
testimony. Cannot be prosecuted for any other offenses arising our of the act or transaction
which the testimony relates.
2. Use and derivative use

- Prevents only the prosecution from using the witness’ own testimony or any evidence
derived from the testimony against the witness. However should the prosecutor later on acquire
evidence of a crime committed by a witness independent of the testimony of the witness, he
may be prosecuted.
STATE WITNESS PROGRAM

- If granted, the court shall order the discharge and expulsion of the accused from the
information
RIGHT TO DEFEND HIMSELF

- Upon motion, The accused may be allowed by the court to defend himself in person when it
sufficiently appears to the court that he can properly protect his rights without the assistance
of counsel
- Absence without justifiable reason -Waiver of the right to be present
- If an escapee, he shall be deemed to be have waived his right to be present on all
subsequent trial dates until custody is regained
- If the accused is absent during the trial after his arraignment, trial may proceed despite his
absence provided that he has been duly notified of the trial and his failure to appear is
unjustified.
- When accused filed a motion for leave to file BILL OF PARTICULARS and was granted, and
such demurrer was eventually denied, - STILL HAS THE RIGHT TO PRESENT EVIDENCE
- The right to confront the witnesses against him and cross examine them are basic
constitutional rights and are part of due process
- It may be waived expressly or impliedly by the conduct amounting to renunciation
- Right to cross examination is merely an opportunity to exercise such right.
- Right to confrontation does not apply to preliminary investigation
- Either party may utilize the testimony of a witness who is deceased, out of or cannot with due
diligence be found in PH provided that involve the same parties, subject matter and the
adverse party had the opportunity to cross examine him
- In case of unjustified failure of witness to comply with subpoena, the court may issue a warrant
for his arrest.
- An appeal in criminal case opens the entire case for review and the appellate court may
correct even unassigned errors.
- IN CIVIL CASE: Unassigned error will not be considered by the appellate court.

CRIMINAL PROCEDURE
RIANO BOOK
_____________________________________________________________________________________________
RULE 116
ARRAIGNMENT AND PLEA
ARRAIGNMENT - An accused for the first time is granted the opportunity to know the precise
charge that confronts him.
- It is an indispensable part of due process.
- Reading of criminal complaint to the defendant
- Without prior arraignment, the accused cannot invoke doubt jeopardy

- If no prior arraignment, NO TRIAL IN ABSENTIA
DUTY OF THE COURT BEFORE ARRAIGNMENT:

1. Inform the accused of his right to counsel
2. Ask him if he desires to have one
3. Assign a counsel de officio to defend him unless the accused is allowed to defend himself in
person
- Duties of the court are mandatory

- Counsel de officio shall be given a reasonable time to consult with the accused as to his plea
before proceeding with the arraignment
OPTIONS OF THE ACCUSED BEFORE ARRAIGNMENT:

1. Bill of particulars
2. Suspension of arraignment
1. Accused appears to be suffering from unsound mental condition
- Court shall order his confinement in hospital or asylum
2. Prejudicial question
3. Petition for review of the resolution of the prosecutor
- The period shall not exceed 60 days counted from the filing of the petition.
- After arraignment, the DOJ can no longer entertain the appeal because it
already waived or abandoned the same.
3. Motion to quash
4. Challenge the validity of the arrest or legality of the warrant issued or assail the regularity of PI
- Must be assailed before arraignment or else deemed waived
- A second motion for reconsideration in Ombudsman will not bar the arraignment of the
accused
- A plea before a court that has no jurisdiction over the criminal action does not give rise to
double jeopardy
- If there is substantial amendment - ARRAIGNMENT IS MANDATORY
- If only of FORM - Not required
- Arraignment must be made before the court where the complaint was filed

CRIMINAL PROCEDURE
RIANO BOOK
- It must be made in open court by the judge or clerk by furnishing the accused with a copy of
the complaint or information, reading the same in the language or dialect known to him and
asking him whether he pleads guilty or not guilty
- It must be made within 30 days from the date the court acquires jurisdiction over the person of
the accused
- EXCLUDING:
- Time of the pendency of motion to quash
- Time for the pendency of Bill of particulars
- Other justifiable causes
- After enter of plea, the accused shall have at least 15 days to prepare for trial
- The accused was not arraigned. And court rendered its decision. The accused interposed the
infirmity that he was not yet arraigned.
- SC: The active participation of the counsel in the hearing is a clear indication that he was
fully aware of the charges against him. Failure to arraign did not prejudice the rights of the
accused because he was aware of the charges against him.
PRESENCE OF OFFENDED PARTY

- Private offended party shall be required to appear at the arraignment for
- Plea bargaining
- Determination of civil liability
- Other matters
- If Private offended party fails to appear, the court may allow the accused to enter a plea of
guilty to a lesser offense which is necessarily included in the offense charged with conformity
of the prosecutor
PLEA OF NOT GUILTY WHEN:

- When actually pleaded not guilty
- Refuses to plead
- Conditional plea
- Pleads guilty but presented exculpatory evidence
- Plead guilty but interposed self defense - PLEA OF NOT GUILTY

- Plead guilty but asking for mitigation of penalty - PLEA OF NOT GUILTY
- If pleads guilty and bargains for LESSER PENALTY, it is not plea to a lesser offense. ONLY
CONDITIONAL
- If plea of guilt is ambiguous and not absolute - PLEA OF NOT GUILTY
- If at first instance he pleaded guilty but thereafter he interposed self defense, the court should
require him to make a new plea of not guilty because such act is tantamount to vacating his
plea of guilty.
- Failure of the court to do this - NO PLEA. DOUBLE JEOPARDY WILL NOT ARISE
PLEA OF GUILTY
- It is a judicial confession of guilt. An admission of all the material facts alleged in the
information INCLUDING THE AGGRAVATING CIRCUMSTANCES

CRIMINAL PROCEDURE
RIANO BOOK
- If aggravating circumstances were disproved by the evidence, it shall be disallowed

- Conclusions of law are not admitted because they are not facts
- Plea of guilt does not dispose the presentation of evidence
PLEA OF GUILTY TO A LESSER OFFENSE (POGLO) / PLEA BARGAINING

- A process whereby the accused and the prosecution work a mutually satisfactory disposition
of the case subject to court’s approval
- Defendant’s pleading guilty to lesser offense or to only one or some of the counts in return for
a lighter sentence
REQUISITES FOR POGLO

1. Lesser offense is necessarily included in the offense
2. Consent both of the prosecutor and the offended party.
- Consent of the offended party will not be needed if he failed to appear in arraignment
- POGLO is only discretionary to the court.

- NECESSARILY INCLUDED - Some of the essential elements or ingredients of the former as
alleged in the complaint or information constitute the latter.
- It may be made even after the prosecution finished presenting evidence or rested its case.
- If there is POGLO, there is no need to amend the information or complaint
- Conviction under this plea shall be equivalent to conviction of the offense charged for
purposes of double jeopardy
- POGLO made after arraignment and after the trial has begun IS NOT MITIGATING CIRC
- An offer to enter a plea of guilty to a lesser offense cannot be considered as Mitigating
circumstance because RPC states that it has to be voluntary and must be plea of guilty to
the OFFENSE CHARGED. Not to a lesser offense.
PLEA OF GUILTY TO A CAPITAL OFFENSE

- The court is mandated to:
1. Conduct searching inquiry to ascertain voluntariness and full comprehension of the
consequences
2. Require the prosecution to prove the guilt
3. Ask the accused if he wishes to present evidence
- Mere warning is insufficient

- The rule now stands that even if the accused pleads guilty to a capital offense, the
prosecution is still required to present evidence to prove his guilt and precise degree of
culpability
SEARCHING INQUIRY
- No concrete and definite rule.
- The court shall inquire if the accused was coerced or placed under state of duress
- Ask the counsel of the defense whether he completely explained the meaning of the
consequences of pleading guilty
- Check the capacity to give free and informed plea of guilty

CRIMINAL PROCEDURE
RIANO BOOK
- Explain the exact length of the imprisonment and its nature

- Fully explain the elements of the crime committed
- The accused must be required to narrate the tragedy or reenact the crime or furnish its
missing details.
PLEA OF GUILTY TO NON CAPITAL OFFENSE

- The court may receive evidence from the parties to determine the penalty to be imposed
IMPROVIDENT PLEA OF GUILTY

- At any time before the judgment becomes final, the court may permit an improvident plea of
guilty to be withdrawn and be substituted by a plea of not guilty
- If trial court failed to conduct searching inquiries - IMPROVIDENT AND INEFFICACIOUS
- Failed to inform the appellant of his right to adduce evidence - IMPROVIDENT AND
INEFFICACIOUS
- If the improvident plea is the SOLE BASIS of the decision - REMAND IT TO TRIAL COURT.
- If relied on sufficient and credible evidence - JUDGMENT MUST BE SUSTAINED
_____________________________________________________________________________________________
RULE 117
MOTION TO QUASH
- It may be made anytime before the accused enters his plea

- It is generally not allowed in summary procedure
- EXCEPT: Lack of jurisdiction over the subject matter or failure to comply with barangay
conciliation proceedings
- No oral motion to quash. it must be in writing

REQUISITES:
1. In writing
2. Signed by the accused or his counsel
3. Distinctly specify the factual and legal grounds of the motion
MOTION TO QUASH DEMURRER TO EVIDENCE
Filed before the accused enters plea Filed after the prosecution rests its case
No prior leave of court May or may not be filed with leave of court
Many grounds Only ground is insufficiency of evidence
Based on the face of the information Based on the insufficiency of evidence
Grant does not automatically mean dismissal Grant is deemed an acquittal and would preclude
there filing of another information or an appeal by
the prosecution
Certiorari lies GR: Certiorari may not lie

CRIMINAL PROCEDURE
RIANO BOOK
GROUNDS FOR MOTION TO QUASH

1. Facts charged do not constitute an offense
2. No jurisdiction over the offense charged
3. No jurisdiction over the person
4. Person who filed had no authority to do so
5. Does not conform substantially to prescribed form
6. More than one offense is charged except complex crime
7. Extinguished
8. Contains averment which if true would constitute legal excuse or justification
9. Accused has been previously convicted or acquitted of the offense charged or the case
was dismayed or otherwise terminated without his express consent
- Execution of affidavit of desistance is not a ground for a motion to quash

- Affidavit of desistance is not a ground for the dismissal of action once it has been instituted in
court
- Absence of probable cause for the issuance of warrant of arrest is not a ground for the
quashes of the information but is a ground for a dismissal of the case.
- To quash does not mean dismissal
- Matters of defense are not grounds for motion to quash
- Except double jeopardy or extinguishment
- Failure to assert any ground of motion to quash before plea is deemed a waiver
GROUNDS NOT WAIVED:

1. Do not constitute an offense
2. No jurisdiction over the offense charged
3. Extinguishment
4. Double jeopardy
- When a motion to quash is denied, the remedy is not petition for certiorari but for petitioners to
go to trial without prejudice to reiterating the special defenses invoked in their motion to
quash
- EXCEPT: GRAVE ABUSE OF DISCRETION
- If motion to quash is based on the alleged defect of the complaint or information, and it may
be cured - THE COURT SHALL ORDER THAT AN AMENDMENT BE MADE.
- If based on the grounds that facts charged do not constitute an offense - OPPORTUNITY TO
CORRECT BY AMENDMENT
- If fails to amend or still suffers same defect - COURT MAY GRANT MTQ
- When MTQ is sustained, the court may order another complaint be filed unless:
- Extinguishment
- Double Jeopardy
- If the order to file another complaint is made, the accused shall not be discharged or
released except if he admitted bail.

CRIMINAL PROCEDURE
RIANO BOOK
DOUBLE JEOPARDY
- No person shall be twice put in jeopardy of punishment for the same offense. If an act is
punished by law or an ordinance, conviction or acquittal under either shall constitute a bar to
another prosecution of the same act.
- Jeopardy of punishment for the same offense suggesting that double jeopardy presupposes
two separate criminal prosecutions
- RES JUDICATA IN PRISON GREY - Also double jeopardy
- A person convicted with attempted homicide can no longer file a case against the same
accused of the crime of frustrated homicide
- A judgment of acquittal is final and no longer reviewable. It is immediately executory and the
state may not seek its review without placing the accused in double jeopardy
- The state is proscribed from appealing the judgment of acquittal through either a regular
appeal under Rule 41 of the ROC or an appeal by certiorari on pure question of law under
Rule 45
- The accused may appeal from judgment of conviction but when he appeals from the
sentence of the trial court, He waives his right to the constitutional safeguard against double
jeopardy
- When accused files an MR, double jeopardy cannot be invoked. such is a waiver
- In acquittal, YOU CAN FILE CERTIORARI FOR GRAVE ABUSE OF DISCRETION
- Acquittal of the accused does not affect the right of the offended party to appeal the civil
aspect of the case.
- Offended party/accused may file an appeal to the civil aspect
REQUISITES OF DOUBLE JEOPARDY

1. First jeopardy must have attached prior to the second
1. Accused has been convicted or acquitted, or case was dismissed, terminated without his
express consent
2. Made in competent court
3. Valid complaint sufficient in form or substance
4. Accused has pleaded to the charge (ARRAIGNED)
2. First jeopardy must have been validly terminated
3. Second jeopardy must be for the same offense or is included or necessarily included in the
offense charged
- If the first court has no jurisdiction over the said offense- no double jeopardy
- If MTC has jurisdiction and was filed in RTC - NOT COMPETENT COURT
- Improper venue - no DJ
- A judgment rendered with grave abuse of discretion or without due process is VOID and does
not exist in legal contemplation and thus cannot be a source of an acquittal. REMEDY IS RULE
65 CERTIORARI
- A petition for certiorari under Rule 65 is not appeal. It is the remedy to question the verdict of
acquittal whether at the trial court or at the appellate court.
FINALITY OF ACQUITTAL DOCTRINE - A judgment of acquittal is final and unappealable

CRIMINAL PROCEDURE
RIANO BOOK
- Preliminary investigation does not place the person to Double jeopardy. It is mere inquisitorial.
There is no trial on the merits
- Dimissal of the case in the preliminary investigation stage will not warrant double jeopardy
- Res judicata is a doctrine in civil law and has no application in criminal law.
- Double jeopardy - Res Judicata in prison grey
- Rule on double jeopardy does not apply to administrative cases.
- Dismissal of the criminal case does not result in the dismissal of the administrative case
DEGREES OF EVIDENCE REQUIRED:

- Criminal case - Proof beyond reasonable doubt
- Civil case - Preponderance of evidence
- Administrative case - Substantial evidence
- There must be a valid complaint in order that DJ may attach

- If in Adultery and concubinage it was not subscribed by the offended party, not valid
information. No DJ
- If complaint do not constitute an offense - NO DJ
- If the person filed the complaint has no authority to do so, NO DJ
- City prosecutor has no authority to file an information in a place beyond the jurisdiction of his
office
- If before arraignment the charge was withdrawn - NO DJ

- The person must have been arraigned for DJ to attach
- Plea must be valid
- The only instance where a plea bargaining is allowed is when an accused pleads guilty to a
lesser offense. Reduction of penalty is only a consequence of plea of guilty
- The judgment rendered by the trial court which was based on a void plea bargaining is also
void ab initial and cannot be considered as attained finality. NO DJ
- For double jeopardy to attach, First case should have been validly terminated.
- Thus, when there are two information of Homicide filed against the same party - NO DJ. The
first jeopardy is not yet terminated validly
- The remand of a criminal case for a further hearing before the lower court amounts merely to
a continuation of the first jeopardy
IT MUST BE A DISMISSAL WITHOUT THE CONSENT OF THE ACCUSED

- Express consent - Accused moves for the dismissal alleging that it was committed outside the
jurisdiction of the court
- EXPRESS CONSENT - Party effectively prevents the trial court from proceeding to trial on the
merits and rendering a judgment of conviction against him.
- It is akin to a waiver to a right against double jeopardy
- When a criminal case is dismissed upon the application and express consent of the accused
and counsel, the dismissal is not a bar to another prosecution for the same offense
- When accused filed for provisional dismissal - NO DJ

CRIMINAL PROCEDURE
RIANO BOOK
- A waiver of the constitutional right against double jeopardy must be clear, categorical,
knowing and intelligent
- Accused was “conditionally arraigned”. Ombusman moved to withdraw export the two cases
against the accused. Court granted the motion to withdraw. The cases were sought to be
reinstated. Accused filed a MTQ invoking double jeopardy. SC held that such arraignment
was unconditional. Since the dismissal was secured by the people without the express consent
of the accused, there is no waiver of the right against double jeopardy.
- DISMISSAL BASED ON A VIOLATION OF RIGHT TO SPEEDY TRIAL - Equivalent to acquittal. No
waiver of DJ even if the accused expressly moved for the termination of proceedings
- Dismissal because prosecution is not ready for trial - EQUIVALENT TO ACQUITTAL
- The invocation of the right to speedy trial should be preceded by insisting on a trial
- The discharge of an accused to be a state witness shall amount to acquittal and shall be a
bar to a future prosecution for the same offense, unless the accused fails or refuses to testify
against his co accused in accordance with his sworn statement consisting the basis for his
discharge
- When the court grants demurrer - dismissal amounts to acquittal even if with the express
consent of the accused
- Reckless imprudence is a separate offense and is not a means to commit a crime
- Convicted with Reckless imprudence resulting to SPI
- Double jeopardy to Reckless imprudence resulting to homicide
CONVICTION OF ACCUSED SHALL NOT BE A BAR TO ANOTHER PROSECUTION FOR AN OFFENSE

WHICH NECESSARILY INCLUDES THE OFFENSE CHARGED IN THE FORMER COMPLAINT:
1. Graver offense developed due to supervening facts from the same act or omission
constituting the former charge
2. Facts constituting the graver charge become known or were discovered only after a plea
was entered in the former complaint or information
3. The plea of guilt to a lesser offense was made without the consent of the prosecutor and of
the offended party except as provided in Rule 116
- If the accused has already served in whole or in part the judgment under the previous
complaint, he shall be credited with the same in the event of conviction for graver offense.
- Act that supervened must have arisen out of the same act or omission constituting the former
charge
- Where two different laws define two crimes, prior jeopardy as to one of them is no obstacle to
a prosecution of another although both offenses arise from the same facts, if each crime
involves some important act which is not essential element of the other.
IDENTICAL ACTS BUT CONSTITUTE DIFFERENT OFFENSES (NO DJ)

1. Theft of electricity under RPC and Violation of PD 401
2. Illegal recruitment and Estafa
- Illegal recruitment is mala prohibitum and Estafa is Mala in se
3. Violation of BP 22 and Estafa
4. Direct bribery and Section 3(B) of RA 3019
- No DJ if there is a variance between the elements of the offenses charged

CRIMINAL PROCEDURE
RIANO BOOK
PROVISIONAL DISMISSAL
- Dismissal of the criminal action is not permanent and can be revived within the period set by
the ROC
- A case shall not be provisionally dismissed except with the express consent of the accused
and with notice to the offended party
TIME BAR: FROM THE TIME OF THE ISSUANCE OF THE ORDER

1. Imprisonment not exceeding 6 years or fine of any amount or both - 1 YEAR
2. Imprisonment of more than 6 years - 2 YEARS
- The prosecution has to revive the case if it desires to prevent the provisional dismissal
becoming permanent
- Express consent is given either viva voce or in writing. It is a positive, direct and unequivocal
consent requiring no inference or implication to supply its meaning.
- Stating NO OBJECT OR WITH MY CONFORMITY - Express consent
- Mere inaction or silence or failure to object - NOT EXPRESS CONSENT
- If without the express consent or over his objection - TIRE BAR WILL NOT APPLY
- Revived by: Filing of new information or Refiling of the information
- GR: NO NEED FOR NEW PRELIMINARY INVESTIGATION
- EXC:A new Preliminary investigation is required if new persons are charged or the charge
has been upgraded like from accessory to principal
- Time bar shall not be applied retroactively
WITHDRAWAL OF INFORMATION MOTION TO DISMISS
Attains finality after 15 days from receipt Becomes final 15 days after the receipt thereof
thereof without prejudice to the refiling of the with prejudice to refiling of the same once became
information upon reinvestigation final
Time bar rule does not apply Puts into place the time bar rule on provisional
dismissal
_____________________________________________________________________________________________
RULES 118 - 119
PRE TRIAL, TRIAL AND DEMURRER TO EVIDENCE
Pre trial is mandatory in criminal cases in:

1. Sandiganbayan
2. RTC
3. MTC
Matters in pre trial

1. Plea bargaining
2. Stipulation of facts

CRIMINAL PROCEDURE
RIANO BOOK
3. Marking
4. Waiver of objection
5. Other matters
- Done after arraignment and within 30 days from the time the court acquires jurisdiction over
the person of the accused
- After arraignment, the court shall set the pre trial conference within 30 days from the days of
arraignment.
- If the prosecutor or the counsel for the accused did not attend - administrative action except
if with justifiable reason
- During the pre trial the judge shall consider pre bargaining arrangements EXCEPT in cases for
violations of Comprehensive dangerous drugs act
- In PT, All questions shall be directed to the judge
- Al agreements in pre trial conference shall be reduced in writing and signed by the accused
and counsel. If not complied, it cannot be used against the accused.
- Pre trial order shall be issued 10 days after the termination of the pre trial
PRE TRIAL IN CIVIL CASE PRE TRIAL IN CRIMINAL CASE
Preceded by a motion ex parte filed by the Not required

plaintiff to set the case for pre trial
Set by the court after the motion and after all Shall be held after arraignment and within 30 days
the pleadings have been served and filed from the date the court acquires jurisdiction
Purpose is amicable settlement Purpose is not amicable settlement
Required to file and serve their respective trial No mention of such

briefs
- Pre trial order shall bind the parties, limit the trial to the matters not disposed of unless modified
by the court to prevent injustice
JUDICIAL DISPUTE RESOLUTION -Innovative concept in the judicial system. It is hoped that
mediation and conciliation at the level of the judge would contribute significantly to the
resolution of media table cases
- Mediation is confidential
- Judge shall not pass on any information obtained in the course of mediation
CASES SUBJECT TO MEDIATION FOR JDR

1. All civil cases, settlement of estates and cases covered by Summary procedure except those
that cannot be compromised.
- Criminal cases like violation of traffic rules and regulations and violation of municipal
city ordinance shall not be mediated because it cannot be compromised.
2. Cases cognizable by the Lupong tagapamayapa

CRIMINAL PROCEDURE
RIANO BOOK
3. Civil aspect of BP 22
4. Civil aspect of Quasi offenses
5. Civil aspect of estafa and libel
6. Civil aspect of theft
- In criminal cases covered by mediation, where terms of settlement exceeds 1 year - The case
may be achieved upon motion of the prosecution
- If there is no settlement reached after the JDR, The judge issues an order returning the case to
the office of clerk of court for raffling.
DISCOVERY PROCEDURES IN CRIMINAL CASES

- It may also be used in criminal cases.
- Taking depositions in criminal cases is addressed to judicial discretion
TRIAL
- It shall commence within 30 days from receipt of the pre trial order
- If by means of NEW TRIAL - Within 30 days from the notice of order granting it.
- If plea of not guilty is ordered - AT LEAST 15 DAYS TO PREPARE FOR TRIAL
- If the accused is not brought to trial in accordance within the time limit, the information may
be dismissed upon the motion of the accused for denial of right to speedy trial
- Motion for dismissal shall be made before trial otherwise deemed waived.
- Period of delay resulting from the absence or unavailability of an essential witness may be
excluded or would actually justify the suspension of trial
- ABSENT IF: Whereabouts are unknown or cannot be determined by due diligence
- In no case shall the entire trial period exceed one hundred eighty days from the first day of
trial
- Postponement of cases is a matter of judicial discretion
PROHIBITED GROUNDS FOR POSTPONEMENT/CONTINUANCE

1. Congestion pf court’s calendar or lack of diligent preparation
2. Failure to obtain available witnesses on the part of the prosecutor
- Witness for the accused may be conditionally examined even before the trial of the case by
motion of the accused.
- It may be done also by the prosecutor
- Either party may upon motion secure an order from the court for a material witness to post bail
if the court is satisfied upon proof or oath that a material witness will not testified when
required.
- If he refuses to post bail, Commit to person until he complied.
REQUISITES FOR DISCHARGE OF ACCUSED TO BECOME A STATE WITNESS

1. Absolute necessity for the testimony of the accused

CRIMINAL PROCEDURE
RIANO BOOK
2. No other direct evidence available for the proper prosecution of the offense committed
except the testimony of the accused.
3. The testimony can be substantially corroborated in its material points
4. Accused does not appear to be the most guilty
5. Not at any time been convicted of any offense involving moral turpitude.
- Where the crime is contrived in secret, the discharge of one of the conspirators is essential.
- When two or more of the accused are jointly charged, they shall be tried jointly
- Motion to discharge to become state witness shall be filed before the prosecution rests its
case
- Court shall conduct a hearing
- Evidence adduced in support of the discharge shall automatically form part of the trial
- The discharge of an accused shall amount to an acquittal and shall be a bar to another
prosecution for the same offense except if the accused fails or refuses to testify against his co
accused.
- In dangerous drugs cases, it is the duty of the prosecution to present a complete picture
detailing the buy bust operation from the initial contact until the consummation of the sale.
- The order of the trial may be modified if the accused admits the acts or omission charged.
- At anytime before the finality of judgement, the judge may motu proprio or upon motion with
hearing in either case reopen the proceedings to avoid miscarriage of justice
REQUIREMENTS FOR REOPENING THE CASE

1. Before finality of judgment
2. Order is issued by the judge on his own initiative or upon motion
3. Issued only after a hearing is conducted
4. Intends to prevent miscarriage of justice
5. Presentation of additional evidence shall be terminated within 30 days from the issuance of
the order.
TRIAL IN ABSENCIA
REQUISITES:
1. Accused has already been arraigned
2. Accused has been duly notified of the trial or the hearings
3. Absence is unjustified
INSTANCES WHEN THE PRESENCE OF ACCUSED IS REQUIRED

1. Arraignment and plea
2. During trial, whenever necessary for identification purposes
3. At the promulgation of sentence unless it is for light offense
- In light offense the accused may appear by counsel or representative
- Even if the judge made improper remarks and comments, the same did not amount to denial
of his right to due process or impartial trial
- Remarks do not reflect with the partiality of the judge. Sarcasm alone cannot lead to such
conclusion

CRIMINAL PROCEDURE
RIANO BOOK
CORPUS DELICTI - The body, foundation or substance of a crime.
ELEMENTS:
1. Certain result has been established
2. Some person is criminally responsible for it
- Documents which may have been identified and marked as exhibits during pre trial or trial but
which were not formally offered in evidence cannot in any manner be treated as evidence.
_____________________________________________________________________________________________
RULE 119
DEMURRER TO EVIDENCE
- Actually a motion to dismiss that is filed by the accused after the prosecution has rested its
case on the ground of insufficiency of evidence
- WITH LEAVE OF COURT

- It shall be filed within a non extendible period of 5 days after the prosecution rests its case
- The prosecution may oppose the motion within a non extendible period of 5 days from
receipt
- If the court grants - ACCUSED SHALL FILE THE DEMURRER TO EVIDENCE WITHIN NON
EXTENDIBLE PERIOD OF10 DAYS FROM NOTICE.
- Act of denying a motion for leave of court shall not be reviewable by appeal or certiorari.
- If court grants demurrer, The case is dismissed and it is as good as acquittal (DJ may arise)
- WITHOUT LEAVE OF COURT

- If granted - Good as acquitted
- If DENIED - The accused waives his right to present evidence and submits the case for
judgment on the basis of evidence of prosecution.
CERTIORARI WILL ONLY LIE IF THERE IS GRAVE ABUSE OF DISCRETION (RULE 65 ONLY)
- If the prosecution has not yet rested its case, it is not demurrer but a MOTION TO DISMISS.
DEMURRER TO EVIDENCE IN CIVIL DEMURRER TO EVIDENCE IN CRIMINAL
Requires no prior leave of court May be filed with or without leave of court
When denied, the defendant does not lose the Only if filed with leave of court and denied,
right to present evidence defendant still has the right to present evidence
If without leave of court, The defendant loses

such right
If granted, the plaintiff may appeal and if No appeal is allowed because dismissal is
reversed, the defendant loses his right to acquittal.
present evidence EXC: RULE 65 - GRAVE ABUSE OF DISCRETION

CRIMINAL PROCEDURE
RIANO BOOK
_____________________________________________________________________________________________
RULE 120
JUDGMENT
- The adjudication by the court that the accused is guilty or not guilty of the offense charged
and the imposition on him of the proper penalty and civil liability.
REQUISITES OF JUDGMENT
1. Written in the official language
2. Personally and directly prepared and signed by the judge
3. Must contain clearly and distinctly statement of facts and the law upon which it is based.
- JOver Subject matter, Territory and person of the accused are needed to have a valid
judgment
- There is nothing illegal in the act of the trial court of completely copying the memorandum
submitted by a party provided that the decision clearly and distinctly states sufficient findings
of fact and the law on which they are based.
CONTENTS OF JUDGMENT
1. Legal qualification of the offense constituted by the acts committed by the accused
2. Aggravating and mitigating circumstances
3. Degree of Participation of the accused
4. Penalty imposed
5. Civil liability or damages
- Verdict of acquittal is immediately final
VARIANCE DOCTRINE
- Situation where the offense proved is different from the offense charged in the complaint or
information and the offense as charged is either included in the offense proved or is
necessarily included
- An accused charged with qualified rape can be found guilty of the lesser crime of acts of
lasciviousness
- A variance in the mode of commission of the offense is binding upon the accused if he fails to
object to evidence showing that the crime was committed in a different manner as alleged.
PROMULGATION OF JUDGMENT
- Reading it in the presence of the accused and any judge of the court in which it was
rendered.
- The judgment may be promulgated by the clerk of court
- If the accused is confined or detained in another province or city, The judgment may be
promulgated by the executive judge of the RTC having jurisdiction over the place of
confinement or detention upon request of the court which rendered the judgment.
- If the accused was tried in absentia, because he jumped bail or escaped from prison, the
notice shall be served at his last known address

CRIMINAL PROCEDURE
RIANO BOOK
PROMULGATION BY ABSENTIA
- If the accused fails to appear at the scheduled promulgation of judgment despite notice, the
promulgation shall be made by RECORDING THE JUDGMENT in the criminal docket and
serving him a copy at his last known address or his counsel
- Failure of the accused to appear without justifiable cause, He shall lose the remedies
available in the ROC against the judgment and court shall order his arrest.
- Within 15 days from promulgation of judgment he may appear and file a motion for leave
of court to avail such remedies.
MODIFICATION OF JUDGMENT - A judgment of conviction may be modified or set aside upon
motion of the accused before the judgement becomes final or before appeal is perfected.
WHEN JUDGMENT BECOMES FINAL

1. After lapse of the period of perfecting appeal
2. When sentence has been partially or totally satisfied or served
3. When the accused has waived in righting his right to appeal
4. Applied for probation
_____________________________________________________________________________________________
RULE 121
NEW TRIAL OR RECONSIDERATION
- Before the judgment becomes final
- It is only the accused that can avail the same IF CONVICTED. If acquitted- FINAL
- The court may on its own motion grant a New Trial or MR but with the consent of the accused
GROUNDS FOR NEW TRIAL

1. Errors of law have been committed during trial
2. Irregularities prejudicial to the substantial rights of the accused committed during trial
3. New and material evidence has been discovered.
REQUISITES FOR NEWLY DISCOVERED EVIDENCE

1. Evidence must have been discovered after trial
2. It could not have been previously discovered and produced at the trial even with the
exercise of reasonable diligence
3. New and material evidence
4. If introduced, would probably change judgment
GROUNDS FOR RECONSIDERATION OF JUDGMENT

1. Errors of law in the judgment which requires further proceedings
2. Errors of fact
- MR and New trial shall be in writing and shall state the ground on which it is based
- Notice of motion for nt or mr shall be given to the prosecutor
- A hearing shall be conducted when the MR or NeT calls for a resolution of question of fact

CRIMINAL PROCEDURE
RIANO BOOK
EFFECTS OF NEWT / MR
1. GRANTED ON THE GROUNDS OF ERRORS OF LAW OR IRREGULARITIES
- All the proceedings and evidence affected thereby shall be set aside and taken anew
and the court may allow additional evidence
2. GRANTED ON THE GROUNDS OF NEWLY DISCOVERED EVIDENCE

- The evidence already adduced shall stand. It shall be considered together.
- In all cases, when NEWT or MR is granted, the original judgment shall be set aside or vacated
and new judgment shall be rendered.
NEYPES RULE
- Applies to appeals in criminal cases
_____________________________________________________________________________________________
RULES 122, 124, 125
APPEALS
- It is a mere statutory privilege
WHO MAY APPEAL

- Any party may appeal from judgment or final order unless placed under DJ
- Accused may appeal from judgment of conviction
- Only the state, OSG, has the sole right and authority to institute proceedings before CA and
SC
- Conformity of the assistant city prosecutor to petition for review - NOT PROPER. IT SHALL BE
FILED BY THE SOLGEN
- Private prosecutor may be allowed to intervene in criminal proceedings on appeal in the CA
and SC. His participation shall be subordinate to the interest of the people hence he cannot
be permitted to adopt a position contrary to the SOLGEN
- Appeal in criminal cases opens the entire case for review
- A party cannot change his theory on appeal nor raise in the appeal any question of law or
fact that was not raised in the court which was not within the issue raised by the parties in their
pleadings
- The findings of the lower courts are not disturbed on appeal in absence of clear showing that
the trial court overlooked, misunderstood or misapplied the facts and circumstances
WHERE TO APPEAL:
1. RTC in cases decided by MTC
2. CA or SC in cases decided by RTC
3. SC in cases decided by CA
HOW TO APPEAL
1. JUDGMENT OF MTC - TO RTC - By notice of appeal on the court which rendered the
judgment
2. RTC(orig) - TO CA - By notice of appeal on the court which rendered judgment
3. RTC(app) - TO CA - By filing a petition for review under Rule 42

CRIMINAL PROCEDURE
RIANO BOOK
4. RTC(death/RP/LI) - Notice of appeal to CA

- No notice of appeal is needed when RTC imposed death penalty. CA shall
automatically review the judgment
5. CA - Filing a petition for review on certiorari under Rule 45 with SC
6. CA (RP/LI) - Supreme court by notice of appeal
- Except as provided in Section 13 Rule 124, All other appeals to SC shall be by Rule 45
- Appeal may be taken within 15 days from the promulgation of judgment or from notice of
final order
- Period to appeal shall be suspended from the time MR/NWT is ruled until notice of order at
which time the balance of the period begins to run
- Notice of appeal should be served upon the adverse party or his counsel by personal service
or by registered mail or substituted service if impossible.
WITHDRAWAL OF APPEAL
- The appeal may be withdrawn when so allowed by MTC as long as the record has not been
transmitted or forwarded to appellate court.
- When already on appeal - RTC may allow provided a Motion to withdraw is filed before the
RTC
- Appeal is not mooted by accused’s release on parole
EFFECT OF APPEAL BY ANY OF SEVERAL ACCUSED

- It shall not affect those who did not appeal except when it is favorable and applicable to the
latter
APPEAL FROM CIVIL ASPECT - It shall not affect the criminal aspect of the judgment appealed
from
- Application for probation must be made within the period of perfecting an appeal
- Upon perfection of appeal, the execution of judgment shall be stayed
- Such benefit cannot be extended to those who failed to file the same
- CA shall have the power to try cases and conduct hearings, receive evidence and perform
all acts necessary to resolve factual issues raised in cases falling within its original and
appellate jurisdiction
- CA may upon its own motion or motion of the appellee dismiss the appeal if the appellant
escapes from prison, confinement, jumps bail or flees to a foreign country during the
pendency of appeal.
- When the SC en banc is equally divided in opinion or the necessary majority cannot be had
on whether to acquit the appellant, the case shall again be deliberated upon. and if no
decision is reached, Judgment of conviction shall be reversed and accused be acquitted.

CRIMINAL PROCEDURE
RIANO BOOK
PROVISIONAL REMEDIES IN CRIMINAL CASES

- May be availed of in connection with the civil action deemed instituted with the criminal
action
- To avail ProvRem, It must be one with a corresponding civil liability
- If the civil action has been waived, reserved or instituted separately - NO PROV REM
KINDS:
1. Preliminary attachment
2. Preliminary Injunction
3. Receivership
4. Replevin
5. Support pendente lite
_____________________________________________________________________________________________
Sorry for all the typographical errors. Good luck and God bless you! Kindly pass
this or pay it foward! In God's perfect timing I know you will be the person you
aspire to be.
- Edward Arriba

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• Criminal procedure shall be liberally construed.

• REQUISITES FOR EXERCISE OF CRIMINAL JURISDICTION

JURISDICTION OVER THE TERRITORY

• Jurisdiction of the court is determined by the allegations in the complaint

• EXCEPTIONS TO THE VENUE RULE IN CRIM PRO:

© EDWARD VANGE ARRIBA Page 1 of 55

JURISDICTION OVER SUBJECT MATTER

PRINCIPLE OF ADHERENCE OF JURISDICTION OR CONTINUING JURISDICTION

JURISDICTION OVER THE PERSON OF THE ACCUSED

• Acquired upon his arrest, apprehension or voluntary appearance

© EDWARD VANGE ARRIBA Page 2 of 55

CRIMINAL JURISDICTION OF MTC

EXCLUSIVE ORIGINAL JURISDICTION:

CRIMINAL JURISDICTION OF RTC

© EDWARD VANGE ARRIBA Page 3 of 55

CRIMINAL JURISDICTION OF SANDIGANBAYAN

- Sandiganbayan also exercises civil jurisdiction

- Salary grade 27 or higher shall only refer to:

© EDWARD VANGE ARRIBA Page 4 of 55

Prohibited motions in Summary Procedure:

© EDWARD VANGE ARRIBA Page 5 of 55

- At least 4 years, two months one 1 day - Preliminary Investigation is REQUIRED

© EDWARD VANGE ARRIBA Page 6 of 55

- Bail may be applied for before or after he is formally charged.

- If before arraignment the accused escapes, he cannot be tried in absentia

PI IS REQUIRED: At least 4 years 2 months and 1 day

© EDWARD VANGE ARRIBA Page 7 of 55

DOCTRINE OF PRIMARY JURISDICTION - Courts will not determine a controversy involving a

PROSECUTION OF CRIMINAL ACTION

PROSECUTION OF PRIVATE CRIMES

© EDWARD VANGE ARRIBA Page 8 of 55

SEDUCTION, ABDUCTION AND ACTS OF LASCIVIOUSNESS

- Pardon in this case must be EXPRESS.

CHILD ABUSE, EXPLOITATION

- INFORMATION - Accusation in writing charging a person with an offense subscribed by the

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- Objection to form is waivable also.

VENUE OF CRIMINAL ACTIONS

AMENDMENT OR SUBSTITUTION OF THE COMPLAINT OR INFORMATION

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2. Amendment with Leave of court even if made before plea

3. Amendment after plea but during the trial:

- SUBSTANTIAL AMENDMENT - Proscribed except if beneficial to the accused.

May involve either formal or substantial Necessarily involves a SUBSTANTIAL change

Substantial amendments to the information

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NO CIVIL LIABILITY IN:

- GENERAL RULE: PREFERENCE TO CRIMINAL ACTIONS

COUNTERCLAIM, CROSSCLAIM, THIRDPARTY CLAIM

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EFFECT OF DEATH OF THE ACCUSED

- Novation does not affect the criminal liability of the person.

- Preponderance of evidence is only required to prove civil actions

- It must be one civil and one criminal action

- Suspension however is not dismissal.

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- No Prejudicial question. Criminal case was filed before civil.

- Collection of sum of money and BP 22 - NO PREJUDICIAL QUESTION

PRELIMINARY INVESTIGATION - An inquiry or proceeding to determine whether there is sufficient

- At least 4 years, two months one 1 day - Preliminary Investigation is REQUIRED

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1. Valid warrantless arrest