CRIMINAL PROCEDURE Notes

III.
CRIMINAL PROCEDURE
A. General Matters
 criminal action – one by which the State prosecutes a person for an act or
omission punishable by law
 prosecution of criminal cases – not by the private complainant but within

the discretion of the public prosecutor
 remedy when private complainant was not able to include in the

Complaint all persons who are probably guilty – not to dismiss the complaint
but for the prosecutor to include them in the information
1. Criminal jurisdiction; concept and requisites for exercise
 place where the crime was committed – determines not only the venue of the
action but is an essential element of jurisdiction
 for the courts to acquire jurisdiction in criminal cases, the offense should
have been committed or any one of its essential ingredients should have
taken place within the territorial jurisdiction of the court
 if the evidence adduced during the trial shows that the offense was
committed somewhere else – court should dismiss the action for want of
jurisdiction
 Sandiganbayan – has exclusive original jurisdiction over:
a) Violations of RA No. 3019, as amended (Anti-Graft and Corrupt Practices

Act), RA No. 1379, and Chapter II, Section 2, Title VII, Book II of the Revised
Penal Code, where one or more of the accused are officials occupying the
following positions in the government, whether in a permanent, acting or
interim capacity, at the time of the commission of the offense:
1) Officials of the executive branch occupying the positions of regional

director and higher (Grade '27' and higher)
2) Members of Congress and officials thereof classified as Grade '27' and
higher
3) Members of the judiciary without prejudice to the provisions of the
Constitution
4) Chairmen and members of the Constitutional Commissions, without
prejudice to the provisions of the Constitution
5) All other national and local officials classified as Grade '27' and higher
b) Other offenses or felonies whether simple or complexed with other crimes

committed by the public officials and employees mentioned in subsection
(a) in relation to their office
 the information must allege the close connection between the offense
charged and the office of the accused
 thus, those that are classified as Grade 26 and below may still fall within
the jurisdiction of the Sandiganbayan provided that they hold the
positions thus enumerated
c) Civil and criminal cases filed pursuant to and in connection with Executive
Order Nos. 1, 2, 14 and 14-A, issued in 1986
REMEDIAL LAW – Criminal Procedure
 RTC – shall have exclusive original jurisdiction where the information:
a) does not allege any damage to the government or any bribery; or

b) alleges damage to the government or bribery arising from the same or
closely related transactions or acts in an amount not exceeding One Million
pesos
 RTC – has the exclusive original jurisdiction over the following:
a) violations of R.A. No. 9165, if the accused has a salary grade of 27 and
above regardless of whether the violation is alleged as committed in
relation to office
 Sandiganbayan is without jurisdiction to hear drug-related cases
b) violations of the Omnibus Election Code, regardless of whether such

violation was committed by public officers occupying positions classified as
Grade 27 or higher in relation to their offices
 offenses committed by members of the Armed Forces in relation to their

office, i.e., in the words of RA 7055 service-connected crimes or offenses – not
cognizable by the Sandiganbayan but by court-martial
 Court of Tax Appeals – has jurisdiction over a petition for certiorari under Rule
65 to review the DOJ resolution in preliminary investigations involving tax and
tariff offenses
 Sandiganbayan has exercised exclusive appellate jurisdiction over final

judgments, resolutions or orders of regional trial courts whether in the exercise
of their own original jurisdiction or of their appellate jurisdiction
 doctrine of finality of judgment or immutability of judgment – a decision that

has acquired finality becomes immutable and unalterable, and may no longer
be modified in any respect, even if the modification is meant to correct
erroneous conclusions of fact and law
 re-opening of the case despite the finality of the resolution/decision –

allowed under the following circumstances:
a) matters of life, liberty, honor, or property

b) the existence of special or compelling circumstances
c) the merits of the case
d) a cause not entirely attributable to the fault or negligence of the party
favored by the suspension of the rules
e) the lack of any showing that the review sought is merely frivolous and
dilatory
f) that the other party will not be unjustly prejudiced thereby
 death prior to final conviction – renders dismissible the criminal cases

against him
 RPC provides that criminal liability is totally extinguished by death of the

convict, as to the personal penalties; and as to pecuniary penalties,
liability therefor is extinguished only when the death of the offender
occurs before final judgment
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 notice of appeal – not required that the appellant indicate the court to which
its appeal is being interposed
 requirement to indicate merely directory, thus, failure to comply with it or

error in the court indicated is not fatal to the appeal
 duty of the trial court judge to properly transmit the records to the proper
appellate court
 rule on venue of criminal actions – criminal cases shall be instituted in the place
where the crime was committed or where any of its essential ingredients
occurred
 Exception: R.A. No. 8042 (Migrant Workers and Overseas Filipinos Act of
1995) – criminal action arising from illegal recruitment shall be filed with the
RTC of the province or city where the offense was committed or where the
offended party actually resides at the time of the commission of the offense
 Family Court – has exclusive original jurisdiction over criminal cases where one
or more of the accused is below 18 years of age but not less than 9 years of
age, or where one or more of the victims is a minor at the time of the
commission of the offense
 when the minor victim is already dead – case can now be handled by the
regular RTC since it would no longer require the special attention of the
Family Court to protect the welfare and best interests of the minor
 Falsification of public document under Article 172(1) of the RPC – falls within
the exclusive jurisdiction of the MeTC, MTC, MCTC
 Quashing of Information – rests in the sound exercise of judicial discretion
 not dutifully bound by such finding of the investigating prosecutor
 not bound to adopt the resolution of the Secretary of Justice
 mandated to independently evaluate or assess the merits of the case
 jurisdiction over the person of the defendant – must be raised the at the very
earliest opportunity by motion when a defendant is brought before a
competent court by virtue of a warrant of arrest or otherwise
 voluntary appearance – deemed submission to the jurisdiction of the court
 posting bail or in filing motions seeking affirmative relief – tantamount to

submission of his person to the jurisdiction of the court
 lack of jurisdiction over the person – may be waived either expressly or

impliedly
2. When injunction may be issued – without jurisdiction or when there is grave abuse
of discretion
 archiving of cases – shelving of cases, done only where no immediate action

is expected
1) 6 months after the delivery of the warrant of arrest to the police - accused
remains at large with reason for non- apprehension
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2) proceedings ordered suspended for an indefinite period
a) accused suffering from an unsound mental condition committed to a

mental hospital
b) prejudicial question in a civil action invoked during the pendency of the

criminal case unless the civil and the criminal cases are consolidated
c) an interlocutory order or incident in the criminal case is elevated to, and

is pending resolution/decision for an indefinite period before a higher
court which has issued a temporary restraining order or writ of
preliminary injunction
d) accused jumped bail before arraignment and cannot be arrested by

his bondsman
B. Prosecution of offenses (Rule 110)
 institution of the criminal action – interrupts the running period of prescription

of the crime
 Information – an accusation in writing charging a person with an offense,

signed by the prosecutor and filed with the court; must be in such form as is
sufficient to enable a person of common understanding to know what offense
is intended to be charged and enable the court to know the proper judgment
 to be sufficient and valid – must state the name of the accused; the
designation of the offense given by the statute; the acts or omissions
constituting the offense; the name of the offended party; the approximate
date of the commission of the offense; and the place where the offense
was committed
 no designation of the offense – reference shall be made to the section

or subsection of the statute penalizing it
 the qualifying and aggravating circumstances alleged must be stated

in ordinary and concise language sufficient to enable a person of
common understanding to know
 do not require to exactly allege the date and place of the commission
of the offense, unless they are material ingredients or essential elements
of the offense, or are necessary for its identification
 state only the ultimate facts (facts that the evidence will prove at the
trial) constituting the offense and not the evidentiary facts (facts
necessary to establish the ultimate facts)
 allege clearly and accurately every element constituting the offense
 accused cannot be convicted of any offense unless it is charged in the

information on which he is tried or is necessarily included therein
 actual recital of facts stated in the Information or Complaint, not the

caption or preamble thereof nor the specification of the provision of law
alleged to have been violated – determines the real nature and cause
of the accusation against an accused
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 seduction, abduction and acts of lasciviousness – shall be prosecuted only

upon a complaint filed by the offended party or her parents, grandparents or
guardian, except if the offender has been expressly pardoned by any of them
 offended party dies or becomes incapacitated before she can file the
complaint, and she has no known parents – grandparents or guardian, the
State shall initiate the criminal action in her behalf
 minor victim has the right to initiate the action independently of her parents,
grandparents, or guardian, unless she is incompetent or incapable of doing
so
 right to file the action granted to parents, grandparents, or guardian –

exclusive of all other persons and shall be exercised successively in that
order
 defamation which consists in the imputation of seduction, abduction or acts of

lasciviousness – shall be brought only at the instance of and upon complaint
filed by the offended party
 real party in interest – the People
 criminal actions commenced by complaint or by information shall be

prosecuted under the direction and control of a public prosecutor
 private prosecutor – may be authorized in writing by the Chief of the

Prosecution Office or the Regional State Prosecutor to prosecute the
case subject to the approval of the court; continue to prosecute the
case up to end of the trial even in the absence of a public prosecutor,
unless the authority is revoked or otherwise withdrawn
 thus, the Public Prosecutor may refuse to give his conforme to the
motion of the private complainant
 only the OSG can represent the People in criminal proceedings pending in
the CA or in this Court
 rare occasions when the offended party may be allowed to pursue the
criminal action on his own behalf in rare occasions such as when there is a
denial of due process
 civil action for recovery of civil liability is instituted in the criminal action –
the offended party may intervene by counsel in the prosecution of the
offense
 proper remedy where persons who ought to be charged were not included in
the complaint of the private complainant – not to dismiss the complaint but to
include them in the information
 presence or absence of the elements of the crime – evidentiary in nature and

is a matter of defense that may be passed upon after a full-blown trial on the
merits, thus, cannot be raised in a demurrer to evidence
 validity and merits of a party's defense or accusation, as well as admissibility

of testimonies and evidence – better ventilated during trial proper
 transitory or continuing crimes – the acts material and essential thereto occur
in one municipality or territory, while some occur in another
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 person charged with a continuing or transitory crime may be validly tried in

the court in any municipality or territory where the offense was in part
committed
 the first court taking cognizance of the same excludes the other
 example: violation of BP 22 cases – may be filed in any of the places where

any of its elements occurred (the place where the check is drawn, issued,
delivered, or dishonored)
 venue – place where the criminal action is to be instituted the court that has
the jurisdiction to try and hear the case; thus, it is jurisdictional in criminal cases
 determination of venue – based on the acts alleged in the Information to

be constitutive of the crime committed
 perjury committed through the making of a false affidavit – committed
at the time the affiant subscribes and swears to his affidavit since it is at
that time that all the elements of the crime of perjury are executed
 when the crime is committed through false testimony under oath in a
proceeding that is neither criminal nor civil – venue is at the place where
the testimony under oath is given
 if in lieu of or as supplement to the actual testimony made in a
proceeding that is neither criminal nor civil, a written sworn statement is
submitted – venue may either be at the place where the sworn
statement is submitted or where the oath was taken as the taking of the
oath and the submission are both material ingredients of the crime
committed
 jurisdiction of a court over the criminal case – determined by the allegations in

the complaint or information
 if the evidence adduced during the trial show that the offense was
committed somewhere else – should be dismissed for lack of jurisdiction
without prejudice to its re-filing in the proper court having territorial
jurisdiction over the case
 judgment is rendered null and void where there is want of jurisdiction over
a subject matter
 void judgment cannot constitute a bar to another case by reason of res
judicata
 date of commission of the offense – not necessary to be stated in the

complaint or information unless it is a material ingredient of the offense
 only one offense must be charged in a complaint or information
 exception: when the law prescribes a single punishment for various offenses
 Amendment of complaint or information
 in form or in substance, without leave of court, at any time before

arraignment
 any amendment before plea, which downgrades the nature of the

offense charged in or excludes any accused from the complaint or
information – can be made only upon motion by the prosecutor, with
notice to the offended party and with leave of court
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 after the plea and during the trial, a formal amendment may only be made
with leave of court and when it can be done without causing prejudice to
the rights of the accused
 if it appears at any time before judgment that a mistake has been made in
charging the proper offense – court shall dismiss the original complaint or
information upon the filing of a new one charging the proper offense
provided the accused shall not be placed in double jeopardy
 example: accused were charged with murder and interposed as a

defense the Political Offense Doctrine – if during trial, it was shown that
the alleged murders were indeed committed in furtherance of rebellion,
and thus, the proper charge should have been simple rebellion, the trial
court shall dismiss the murder charges upon the filing of the Information
for simple rebellion, as long as the accused would not be placed in
double jeopardy
C. Prosecution of civil action (Rule 111)
 civil action for the recovery of civil liability arising from the offense charged –
deemed instituted with the criminal action unless the offended party:
a) waives the civil action;
b) reserves the right to institute it separately – made before the prosecution

starts presenting its evidence; the separate civil action arising therefrom
cannot be instituted until final judgment has been entered in the criminal
action
c) institutes the civil action prior to the criminal action – civil action shall be
suspended in whatever stage until final judgment is rendered in the criminal
action; or upon motion of the offended party, be consolidated with the
criminal action in the court trying the criminal action and the evidence
already adduced in the civil action shall be deemed automatically
reproduced in the criminal action
 claim for moral, nominal, temperate, or exemplary damages without

specifying the amount thereof in the complaint or information – filing fees shall
constitute a first lien on the judgment awarding such damages
 amount of damages, other than actual is specified in the complaint or

information – corresponding filing fees shall be paid upon filing
 no filing fees for actual damages
 no counterclaim, cross-claim or third-party complaint may be filed by the

accused but any cause of action which could have been the subject
thereof may be litigated in a separate civil action
 criminal action for violation of BP 22 – deemed to include the corresponding

civil action
 reservation to file such civil action separately – not allowed
 filing fees based on the amount of the check involved, which shall be
considered as the actual damages claimed
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 civil action has been filed separately and trial thereof has not yet
commenced –may be consolidated with the criminal action upon
application with the court trying the latter case
 running of the period of prescription of the civil action – tolled during the
pendency of the criminal action
 extinction of the penal action – does not carry with it extinction of the civil
action where:
a) acquittal is based on reasonable doubt as only preponderance of

evidence is required;
b) court declares that the liability of the accused is only civil; and
c) civil liability of the accused does not arise from or is not based upon the
crime of which the accused was acquitted
 UNLESS: there is a declaration in a final judgment in the criminal action that

the act or omission from which the civil liability may arise did not exist
 problem: RTC granted the motion to quash and thereby, dismissed the
criminal case on the sole ground of prescription – People, thru the OSG and
not the complainant, shall file a motion for reconsideration; his remedy is to
institute a civil case based on the delict for restitution of the thing and
reparation or indemnity for the damage suffered
 independent civil action – proceed independently of the criminal action

regardless of its result; requires only a preponderance of evidence; does not
offend the rules on forum shopping, litis pendentia, or res judicata
 Article 31, CC – civil action based on an obligation not arising from the
felony may proceed independently of the criminal proceedings
 Article 32, CC – public officer or employee, or any private individual, who

directly or indirectly obstructs, defeats, violates or in any manner impedes
or impairs any of the rights and liberties of another person, whether or not
the defendant's act or omission constitutes a criminal offense, the
aggrieved party has a right to commence an entirely separate and distinct
civil action for damages, and for other relief
 Article 33, CC – in cases of defamation, fraud, and physical injuries, a civil

action for damages, entirely separate and distinct from the criminal action,
may be brought by the injured party
 Article 34, CC – when a 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, such peace officer shall be primarily liable for damages, and the
city or municipality shall be subsidiarily responsible; civil action shall be
independent of any criminal proceedings
 Article 2176, CC – whoever by act or omission causes damage to another,

there being fault or negligence, is obliged to pay for the damage done;
quasi-delict – if there is no pre-existing contractual relation between the
parties
 offended party, however, cannot recover damages twice for the same act
or omission charged in the criminal action
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 filing of a collection suit after the dismissal of the estafa case – will not amount
to forum shopping; arose from the same act or omission of the offender but
based on different causes of action
 criminal case for estafa – based on culpa criminal

civil action for collection – based on culpa contractual
 forum shopping – filing of multiple suits involving the same parties for the
same cause of action, either simultaneously or successively, to secure a
favorable judgment
 effect of death of the accused
 before arraignment – case shall be dismissed without prejudice to any civil

action the offended party may file against the estate of the deceased
 after arraignment and during the pendency of the criminal action –

extinguish the civil liability arising from the delict
 independent civil action instituted to enforce liability arising from other

sources of obligation – may be continued against the estate or legal
representative of the accused after proper substitution or against said
estate, as the case may be; heirs of the accused may be substituted for
the deceased without requiring the appointment of an executor or
administrator and the court may appoint a guardian ad litem for the
minor heirs
 pending appeal of his conviction – extinguishes his criminal liability and

civil liability based solely thereon
 claim for civil liability survives – if the same may also be predicated on
a source of obligation other than delict (law, contracts, quasi-contract;
quasi-delict)
 separate civil action may be enforced either against the

executor/administrator or the estate of the accused, depending on the
source of obligation upon which the same is based
 problem: Accused convicted for Qualified Rape by Sexual Assault and

Acts of Lasciviousness. He died pending appeal. His death prior to final
judgment terminates his criminal liability and only the civil liability
directly arising from and based solely on the offense committed, i.e.,
civil liability ex delicto. The civil liability in connection with his acts
against the victim may be based on sources other than delicts; in which
case, the victim may file a separate civil action against the estate of the
accused
 final judgment in a civil action absolving the defendant from civil liability – not
a bar to a criminal action against him for the same act or omission
 petition for suspension of the criminal action based upon the pendency of a
prejudicial question in a civil action
 filed in the office of the prosecutor or the court conducting the preliminary
investigation
 if criminal action has been filed in court for trial – it shall be filed in the same
criminal action at any time before the prosecution rests
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 elements of a prejudicial question
a) the previously instituted civil action involves an issue similar or intimately

related to the issue raised in the subsequent criminal action
b) the resolution of such issue determines whether or not the criminal action
may proceed
D. Preliminary investigation
1. Executive vs. judicial determination of probable cause
 executive determination of probable cause – made by the public prosecutor,

during a preliminary investigation
 broad discretion to determine whether probable cause exists for the

purpose of filing a criminal information in court or dismissing the criminal
complaint
 absent grave abuse of discretion, this determination cannot be interfered

with by the courts (consistent with the doctrine of separation of powers or
the doctrine of non-interference)
 Supreme Court not precluded from reviewing the Ombudsman's finding

of probable cause with grave abuse of discretion under Rule 65
 manner of judicial review is a constitutionally-enshrined form of check

and balance
 probable cause does not require an inquiry whether there is sufficient

evidence to procure a conviction; it is enough that there is a probability of
guilt by determining the presence of the elements of the crime are present
based on the facts and circumstances alleged in the criminal complaint
 example: syndicated estafa under P.D. No. 1689 – can only be

committed by at least 5 persons who form and manage a rural bank,
cooperative, "samahang nayon," farmer's association or any other
corporation or association that solicits funds from the general public, for
the sole purpose of defrauding its members through misappropriating
the funds solicited from and contributed by them
 defense anchored on the absence of all the elements of the crime

charged – better ventilated during trial and not during preliminary
investigation
 technical rules of evidence shall not be applied
 thus, probable cause can be established with hearsay evidence, as

long as there is substantial basis for crediting the hearsay
 Secretary of Justice – may review or modify the resolution of the prosecutor
 Nonetheless, the judge is authorized to immediately dismiss the case if the

evidence on record clearly fails to establish probable cause
 if the evidence on record shows that, more likely than not, the crime
charged has been committed and that respondent is probably guilty of
the same, the judge should not dismiss the case and thereon, order the
parties to proceed to trial
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 in doubtful cases, however, the appropriate course of action would be

to order the prosecution to submit additional evidence
 thus, a judge's discretion to dismiss a case immediately after the filing of

the information in court is appropriate only when the failure to establish
probable cause can be clearly inferred from the evidence presented
and not when its existence is simply doubtful
 judicial determination of probable cause – properly called preliminary

examination; made by the judge upon the filing of the information to ascertain
whether a warrant of arrest should be issued against the accused
 judge is not bound by the resolution of the public prosecutor who

conducted the preliminary investigation; judge fails in his bounden duty if
he relies merely on the certification or the report of the investigating officer
 personal evaluation by the judge – must satisfy himself that, on the basis of
the prosecutor’s report and supporting documents/evidence submitted,
there is probable cause or necessity for placing the accused under custody
in order not to frustrate the ends of justice
 hearing is not necessary; judge’s personal examination of the

complainant and the witnesses is not mandatory and indispensable; not
required that the complete or entire records of the case during the
preliminary investigation be submitted to and examined by the judge
 finds no probable cause – disregard the prosecutor’s resolution and

require the submission of additional affidavits of witnesses to aid him in
determining its existence
 Problem: judge issued warrant of arrest pending resolution of the Motion to

Quash filed by the accused
 no grave abuse of discretion – there is no rule or basic principle requiring

a trial judge to first resolve a motion to quash, whether grounded on
lack of jurisdiction or not, before issuing a warrant of arrest, thus the
judge has to positive duty to do so
 the rules provide that: the judge shall evaluate the prosecutor's
resolution and its supporting evidence within a limited period of only 10
days; a Motion to Quash may be filed and, thus resolved by a trial court
judge, at any time before the accused petitioner enters her plea
 jurisprudence dictates that: as presiding judge, upon the filing of the

Information, it is his task to first and foremost determine the existence or
non-existence of probable cause for the arrest of the accused
2. Rule 112
 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; not a part of trial
 required to be conducted before the filing of a complaint or information

for an offense where the penalty prescribed by law is at least 4 years, 2
months and 1 day without regard to the fine
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 counter-affidavit not submitted within the 10 day period from receipt of the
subpoena – investigating officer shall resolve the complaint based on the
evidence presented by the complainant
 motion to dismiss in lieu of a counter-affidavit – not allowed
 respondent could not be subpoenaed – complaint may be submitted
for resolution provided efforts to reach the respondent were made, and
he was given an opportunity to present countervailing evidence
 clarificatory hearing – set within 10 days from submission of the counter-

affidavits or from the expiration of the period for their submission
 parties have no right to examine or cross-examine but may submit to
the investigating officer questions which may be asked to the party or
witness concerned
 no violation of the right to due process if a respondent was not given copies
of the Counter Affidavits of his co-respondents by the investigating agency
 counter affidavits of the co-respondents – not part of the supporting
affidavits of the complainant
 right to preliminary investigation – not a constitutional right but a statutory right
 absence of preliminary investigation – not a violation of the constitutional

right of an accused under the due process clause to a fair trial
 period for filing a motion for reconsideration or an appeal to the Secretary of

Justice – within 15 days reckoned from the date of receipt of the resolution of
the prosecutor, not from the date of the resolution
 only one motion for reconsideration shall be allowed
• Rule 65 – applicable in criminal cases but prior resort thereto, a Motion for
Reconsideration is mandatory
 Exceptions:
a) the order is a patent nullity, as where the court a quo has no jurisdiction
b) the questions raised in the certiorari proceedings have been duly raised
and passed upon by the lower court, or are the same as those raised
and passed upon in the lower court
c) there is an urgent necessity for the resolution of the question and any
further delay would prejudice the interests of the Government or of the
petitioner or the subject matter of the action is perishable
d) under the circumstances, a motion for reconsideration would be useless
e) petitioner was deprived of due process and there is extreme urgency

for relief
f) in a criminal case, relief from an order of arrest is urgent and the granting
of such relief by the trial court is improbable
g) the proceedings in the lower court are a nullity for lack of due process
h) the proceedings were ex parte, or in which the petitioner had no
opportunity to object
i) the issue raised is one purely of law or where public interest is involved
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• Doctrine of Inordinate Delay – provides that inordinate delay in the resolution

and termination of a preliminary investigation violates the accused's right to
due process and the speedy disposition of cases, and may result in the dismissal
of the case
 if the delay occurred during the given periods – the burden is on the
respondent or the accused to prove that the delay was inordinate
 if the delay occurred beyond the given periods – the burden shifts to the
prosecution to prove that the delay was reasonable under the
circumstances and that no prejudice was suffered by the accused as a
result of the delay
 Officers authorized to conduct preliminary investigations
a) Provincial or City Prosecutors and their assistants
b) National and Regional State Prosecutors
c) Other officers as may be authorized by law
 principle of stare decisis – dictates that once a question of law has been
examined and decided, it should be deemed settled and closed to further
argument
 example: the BSP letter, with attached sworn affidavits, requested for the
conduct of a preliminary investigation and the filing of corresponding
criminal charges was not intended to be the complaint, as envisioned
under the Rules, for it did not contain averments of personal knowledge of
the events and transactions constitutive of any offense; it merely
transmitted for preliminary investigation the affidavits of people who had
personal knowledge of the acts of petitioner;
 Supreme Court’s ruling: The affidavits, not the letters transmitting them,
initiated the preliminary investigation. Since these affidavits were
subscribed under oath by the witnesses who executed them before a
notary public, then there was substantial compliance with the Rules.
 Also, a referral document, like the NBI-NCR Report, having been sworn
to by the law enforcer as the nominal complainant, the validity of the
witnesses’ sworn affidavits attached therewith were made as the bases
for a preliminary investigation
 public crimes can be initiated by "any competent person" with personal

knowledge of the acts committed by the offender, thus, the witnesses
who executed the affidavits clearly fell within the purview of "any
competent person"
 complaint for purposes of preliminary investigation need not be filed by the

offended party; unless the offense subject thereof is one that cannot be
prosecuted de oficio, the same may be filed by any competent person
 de officio prosecution – refers to a case being prosecuted upon information

signed by the prosecuting officer rather than upon a complaint signed by
the complaining party
 crimes that cannot be prosecuted de oficio

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1) adultery
2) concubinage
3) seduction
4) abduction
5) acts of lasciviousness
6) actions for defamation which consist in the imputation of the above
enumerated private crimes
 investigating prosecutor finds cause to hold the respondent for trial – shall
prepare the resolution and information
 no complaint or information may be filed or dismissed by an investigating

prosecutor without the prior written authority or approval of the provincial
or city prosecutor or chief state prosecutor or the Ombudsman or his deputy
 recommendation for dismissal – disapproved by the provincial or city

prosecutor or chief state prosecutor or the Ombudsman or his deputy
on the ground that a probable cause exists, he may file the information
or direct any other assistant prosecutor or state prosecutor to do so
without conducting another preliminary investigation
 Secretary of Justice – may reverse or modify the resolution of the provincial or

city prosecutor or chief state prosecutor, upon a petition for review or motu
proprio, and direct the prosecutor concerned either to file the corresponding
information without conducting another preliminary investigation, or to dismiss
or move for dismissal of the complaint or information with notice to the parties
 same rule applies in preliminary investigations conducted by the officers of

the Office of the Ombudsman
 new preliminary investigation or reinvestigation – conducted only in the

following instances:
a) where the original witnesses of the prosecution or some of them may have
recanted their testimonies or may have died or may no longer be available
and new witnesses for the State have emerged;
b) where aside from the original accused, other persons are charged under a
new criminal complaint for the same offense or necessarily included
therein;
c) if under a new criminal complaint, the original charge has been upgraded;
or
d) if under a new criminal complaint, the criminal liability of the accused is

upgraded from being an accessory to that of a principal
 problem: RTC issued an Order dismissing the two criminal cases without
prejudice to their re-filing; the Office of the City Prosecutor reviewed the
evidence and issued 2 supplemental resolutions and recommended the
filing of 21 Informations – if the foregoing instances are not present, the OCP
need not conduct another preliminary investigation before it can issue the
Supplemental Resolutions and subsequently, file the consequent
Informations in court
 Petition for Review and Motion for Reconsideration of resolutions subject of

preliminary investigation
14
 complaint filed outside the NCR and cognizable by the

MTCs/MeTCs/MCTCs – ruling of the Office of the Provincial Prosecutors may
be appealable by way of petition for review before the Office of the
Regional State Prosecutor, which ruling shall be with finality
 SOJ may, pursuant to his power of control and supervision over the
entire National Prosecution Service, review, modify, or reverse the ruling
of the ORSP or the Prosecutor General, as the case may be
 Jurisdiction of MeTCs, MTCs, and MCTC – violations of city or municipal

ordinances, and all offenses punishable with imprisonment not
exceeding 6 years, irrespective of the amount of fine, and regardless of
other imposable accessory or other penalties attached thereto
 complaint filed outside the NCR and not cognizable by the

MTCs/MeTCs/MCTCs – ruling of the Office of the Provincial or City
Prosecutors may be appealable by way of petition for review before SOJ,
which ruling shall be with finality;
 complaint filed within the NCR and cognizable by the MTCs/MeTCs/MCTCs

– ruling of the Office of the City Prosecutor may be appealable by way of
petition for review before the Prosecutor General, whose ruling shall be with
finality;
 SOJ may, pursuant to his power of control and supervision over the
entire National Prosecution Service, review, modify, or reverse the ruling
of the Prosecutor General, as the case may be
 complaint filed within the NCR and not cognizable by the

MTCs/MeTCs/MCTCs – ruling of the Office of the City Prosecutor may be
appealable by way of petition for review before the SOJ, whose ruling shall
be with finality;
 valid warrantless arrest involving an offense which requires a preliminary

investigation – the complaint or information may be filed by a prosecutor
without need of such investigation provided an inquest has been conducted
 absence or unavailability of an inquest prosecutor – the complaint may be

filed by the offended party or by a peace officer directly with the proper
court on the basis of the affidavit of the offended party or arresting officer
or person
 before filing the complaint or information – person arrested may ask for a
preliminary investigation but he must sign a waiver of the provisions of
Article 125 of the RPC in the presence of his counsel
 waiver of a detainee's right to be delivered to proper judicial authorities

– must coincide with the prescribed period for preliminary investigation;
otherwise, detention beyond this period violates the accused's
constitutional right to liberty
 may apply for bail and the investigation must be terminated within 15
days from its inception (30-day period in cases of violation of R.A. No.
9165, Comprehensive Dangerous Drugs Act)
 detention is proscribed absent probable cause

 thus, where the investigating prosecutor resolves to dismiss the case,
even if such dismissal was appealed to the DOJ or made the subject of
15
a motion for reconsideration, reinvestigation or automatic review – the

detainee must be promptly released
 after filing the complaint or information without preliminary investigation –

accused may ask for a preliminary investigation within 5 days from the time
he learns of its filing
 record of preliminary investigation – shall not form part of the record of the
case but the court, on its own initiative or on motion of any party, may order
the production of the record or any of its part when necessary in the resolution
of the case or any incident therein, or when it is to be introduced as an
evidence in the case by the requesting party
 Prohibited motions – to be denied outright before the scheduled arraignment

without need of comment and/or opposition
1) Motion for judicial determination of probable cause
2) Motion for preliminary investigation filed beyond the 5-day reglementary

period in inquest proceedings, or when preliminary investigation is required,
or allowed in inquest proceedings and the accused failed to participate in
the preliminary investigation despite due notice
3) Motion for reinvestigation of the prosecutor recommending the filing of

information once the information has been filed before the court:
a) if the motion is filed without prior leave of court
b) when preliminary investigation is not required
c) when the regular preliminary investigation is required and has been

actually conducted, and the grounds relied upon in the motion are not
meritorious, such as issues of credibility, admissibility of evidence,
innocence of the accused, or lack of due process when the accused
was actually notified, among others.
4) Motion to quash information when the ground is not stated in Sec. 3, Rule
117
5) Motion for bill of particulars that does not conform to Sec. 9, Rule 116
6) Motion to suspend the arraignment on grounds not stated under Sec. 11,
Rule 116
7) Petition to suspend the criminal action on the ground of prejudicial

question, when no civil case has been filed
 Meritorious Motions – motions that allege plausible grounds supported by

relevant documents and/or competent evidence, except those that are
already covered by the Revised Guidelines, are meritorious motions, such as:
1) Motion to withdraw information, or to downgrade the charge in the original

information, or to exclude an accused originally charged therein, filed by
the prosecution as a result of a reinvestigation, reconsideration, and review
2) Motion to quash warrant of arrest
3) Motion to suspend arraignment on the ground of an unsound mental

condition under Sec. ll(a), Rule 116
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4) Motion to suspend proceedings on the ground of a prejudicial question

where a civil case was filed prior to the criminal case under Sec. ll(b), Rule
116
5) Motion to quash information on the grounds that the facts charged do not
constitute an offense, lack of jurisdiction, extinction of criminal action or
liability, or double jeopardy under Sec. 3, par. (a), (b), (g), and (i), Rule 117
6) Motion to discharge accused as a state witness under Sec. 17, Rule 119
7) Motion to quash search warrant under Sec. 14, Rule 126 or motion to
suppress evidence
8) Motion to discuss on the ground that the criminal case is a Strategic Lawsuit
Against Public Participation (SLAPP) under Rule 6 of the Rules of Procedure
for Environmental Cases
 comment of the adverse party – within a non-extendible period of 10

calendar days from notice/receipt of the order of the court to file the same
 court to resolve the motion – within a non-extendible period of ten 10

calendar days from the expiration of the 10-day period, with or without
comment
 Motion for Reconsideration – as an exception to the fresh period rule of 15 days

from receipt of the adverse resolution, under the new guidelines, the party has
only 5 days and an equal period of 5 calendar days from receipt of the motion
for reconsideration for the other party to submit its comment; thereafter, shall
be resolved by the court within a non-extendible period of 5 calendar days
from the expiration of the 5-day period to submit the comment
E. Arrest (Rule 113)
 Valid warrantless arrest
a) arrest in flagrante delicto - when, in the presence of the arresting officer,

the person to be arrested has committed, is actually committing, or is
attempting to commit an offense
 elements
1) the person to be arrested must execute an overt act indicating that

he has just committed, is actually committing, or is attempting to
commit a crime
2) such overt act is done in the presence or within the view of the
arresting officer
 officer himself witnesses the crime
b) when an offense has in fact just been committed, and he has probable
cause to believe based on personal knowledge of facts or circumstances
that the person to be arrested has committed it
 elements
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1) at the time of the arrest, an offense had in fact just been committed
2) arresting officer had personal knowledge of facts indicating that the

accused had committed it
 officer knows for a fact that a crime has just been committed
c) when the person to be arrested is 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, or has escaped while being transferred
from one confinement to another
 test for the validity of a warrantless arrest – must comply with the overt act test
(showing the commission of a crime)
 based solely on a tip and not acting suspiciously – invalid
 exclusionary rule or the doctrine of “fruit of poisonous tree” – provides that

evidence obtained illegally shall be inadmissible in evidence for any purpose
in any proceeding
 exception:
1) search incident to a lawful arrest – there must first be a lawful arrest

before a search can be made and the process cannot be reversed
2) "Stop and frisk" or Terry searches – police officer, with his personal
knowledge, must observe the facts leading to the suspicion of an illicit
act
 there should be "presence of more than one seemingly innocent

activity, which, taken together, warranted a reasonable inference of
criminal activity
 irregularity of the arrest if not raised before arraignment and accused actively
participated in the trial – accused deemed to have submitted to the jurisdiction
of the trial court, thereby curing any defect in his arrest
 waiver to question an illegal warrantless arrest – only affects the jurisdiction

of the court over his person, does not carry with it a waiver of the
inadmissibility of evidence seized during an illegal arrest
 evidence seized during an illegal arrest – its inadmissibility as evidence

precludes conviction and justifies acquittal
F. Bail (Rule 114)
 trial in absentia – may proceed if the accused failed to appear at the trial
without justification and despite due notice, for such failure shall be deemed
a waiver of his right to be present thereat
 General rule on bail: any person, before being convicted of any criminal
offense, shall be bailable, unless he is charged with a capital offense, or with
an offense punishable with reclusion perpetua or life imprisonment, and the
evidence of his guilt is strong
 Bail as a matter of right
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1) before or after conviction by the MeTC, MTC, MTCC, or MCTC
 no jurisdiction to try capital offenses, or offenses punishable with

reclusion perpetua or life imprisonment
2) before conviction by the RTC of an offense not punishable by death,

reclusion perpetua, or life imprisonment or even prior to conviction for an
offense punishable by death, reclusion perpetua, or life imprisonment when
evidence of guilt is not strong
 nothing in the law or the rules that prevented a Judge from acting on
the bail application submitted to him on a weekend
 hearing with notice to the Prosecution – mandatory before bail can be granted
to an accused who is charged with a capital offense or an offense punishable
by reclusion perpetua or life imprisonment
 summary hearing – brief and speedy method of receiving and considering

the evidence of guilt as is practicable and consistent with the purpose of
hearing which is merely to determine the weight of evidence for purposes
of bail
 prosecution – has the burden of showing that evidence of guilt is strong
 evidence presented during the bail hearing – considered automatically

reproduced at the trial but, upon motion of either party, the court may
recall any witness for additional examination unless the latter is dead,
outside the Philippines, or otherwise unable to testify
 granting an ex parte motion for bail without conducting a hearing – judge

shall be administratively liable for gross ignorance of the law
 factors to be considered in the fixing of a bail bond
a) financial ability of the accused to give bail

b) nature and circumstances of the offense
c) penalty for the offense charged
d) character and reputation of the accused
e) age and health of the accused
f) weight of the evidence against the accused
g) probability of the accused appearing at the trial
h) forfeiture of other bail
i) the fact that the accused was a fugitive from justice when arrested
j) pendency of other cases where the accused is on bail
 whether bail is a matter of right or discretion, a hearing for a petition for bail
is required in order for the court to fix the amount if bail
 imposable penalty prescribed by law for the crime charged – the penalty
to be considered in determining the right to bail and, not the penalty to be
actually imposed
 Bail as a matter of discretion
19
1) upon conviction by the RTC of an offense not punishable by death,

reclusion perpetua, or life imprisonment
 application for bail may be filed and acted upon by the trial court
despite the filing of a notice of appeal, provided it has not transmitted
the original record to the appellate court
 if the decision of the trial court convicting the accused changed the
nature of the offense from non-bailable to bailable – application for bail
can only be filed with and resolved by the appellate court
 accused may be allowed to continue on provisional liberty during the

pendency of the appeal under the same bail subject to the consent of
the bondsman
2) if the penalty imposed by the trial court is imprisonment exceeding 6 years,

the accused shall be denied bail, or his bail shall be cancelled upon a
showing by the prosecution, with notice to the accused, of the following or
other similar circumstances:
a) he is a recidivist, quasi-recidivist, or habitual delinquent, or has

committed the crime aggravated by the circumstance of reiteration
b) he has previously escaped from legal confinement, evaded sentence,

or violated the conditions of his bail without valid justification
c) he committed the offense while under probation, parole, or conditional

pardon
d) the circumstances of his case indicate the probability of flight if released

on bail
e) there is undue risk that he may commit another crime during the
pendency of the appeal
 appellate court may, motu proprio or on motion, review the resolution

of the RTC after notice to the adverse party in either case
 grant of bail not only to those charged in criminal proceedings but also to
extraditees upon a clear and convincing showing:
1) that the detainee will not be a flight risk or a danger to the community
2) that there exist special, humanitarian and compelling circumstances
 all prisoners whether under preventive detention or serving final sentence

cannot practice their profession nor engage in any business or occupation or
hold office, elective or appointive, while in detention
 litigious motions that do not contain a notice of hearing – nothing but a useless
piece of paper which the court should not act upon
 application for bail – filed in the court where the case is pending
 absence or unavailability of the judge thereof, the application for bail must
be filed with another branch of the same court within the province or city
 if the accused is arrested in a province, city or municipality other than

where the case is pending, bail may be filed with any regional trial court of
20
the place; the judge who accepted the bail shall immediately forward it,
together with the order of release and other supporting papers, to the court
where the case is pending
 failure of the accused to cause the annotation of the lien on the property's
certificate of title within 10 days after the approval of the property bond –
sufficient cause for the cancellation of the bond and re-arrest and detention
of the accused
 gross ignorance of the law – when the law is clear and leaves little room for
error, not to know it
 error is committed in good faith – does not warrant administrative sanction;
however, the error must be within the parameters of tolerable misjudgment
 clerk of court – no authority to sign the Release Order; otherwise, there is

usurpation of judicial function, a grave misconduct
 failure of the accused to appear in person – bail shall be declared forfeited

and the bondsmen given 30 days within which to produce their principal and
to show cause why no judgment should be rendered against them for the
amount of their bail
 bondsmen must: (a) produce the body of their principal or give the reason
for his non-production; and (b) explain why the accused did not appear
before the court when first required to do so.
 otherwise, a judgment shall be rendered against the bondsmen, jointly
and severally, for the amount of the bail
 court shall not reduce or otherwise mitigate the liability of the
bondsmen, unless the accused has been surrendered or is acquitted
 cancellation of bail
1) upon surrender of the accused

2) upon proof of his death
3) upon acquittal of the accused, dismissal of the case, or execution of the
judgment of conviction
 cancellation shall be without prejudice to any liability on the bond
 accused released on bail may be re-arrested without the necessity of a

warrant – if he attempts to depart from the Philippines without permission of the
court where the case is pending
 no bail after the judgment of conviction has become final
 before finality, accused has applied for probation – may be allowed

temporary liberty under his bail
 When no bail was filed or the accused is incapable of filing one – court
may allow his release on recognizance to the custody of a responsible
member of the community
 no bail after the accused has commenced to serve sentence
 bail not a bar to objections on illegal arrest, lack of or irregular preliminary

investigation – provided they are raised before arraignment
G. Arraignment and plea (Rule 116)
21
 arraignment – stage of the proceedings where the accused is informed of the

crime imputed to him and to enter his plea
 held within 30 days from the date the court acquires jurisdiction over the
person of the accused
 time of the pendency of a motion to quash or for a bill of particulars or other
causes justifying suspension of the arraignment – excluded in computing
the period
 Information – describes the offense with sufficient particularity to apprise the

accused of the crime charged with and to enable the court to pronounce
judgment; provides the accused with fair notice of the accusations made
against him, so that he will be able to make an intelligent plea and prepare a
defense
 fails to comply with the basic standard to allege the material elements of
the crime charged – file a motion to quash the Information on the ground
that it fails to charge an offense
 fails to sufficiently inform the accused of the specific details of the alleged
offenses such that the allegations in an Information are vague or indefinite
– file a motion for a bill of particulars, alleging the defects of the complaint
or information and the details desired
 not the function of the bill to furnish the accused with the evidence of
the prosecution
 the specifications supplied in a bill of particulars are only formal
amendments to the complaint or Information
 failure to move for a bill of particulars - deprives the accused of the right
to object to evidence that could be introduced and admitted under
an Information of more or less general terms but which sufficiently
charges the accused with a definite crime
 Plea bargaining – a process whereby the accused and the prosecution work
out a mutually satisfactory disposition of the case subject to court approval;
allowed during the arraignment, the pre-trial, or even up to the point when the
prosecution already rested its case
 Plea of not guilty shall be entered for the accused when:

1) he refuses to plead or makes a conditional plea
2) he pleads guilty but presents exculpatory evidence, his plea shall be
deemed
 Plea of guilty to a lesser offense which is necessarily included in the offense

charged – allowed during the arraignment with the consent of the offended
party and the prosecutor
 after arraignment but before trial – may still be allowed and no amendment
of the complaint or information is necessary
 subsequent to a bail hearing or after the prosecution rested its case –
allowed only when the prosecution does not have sufficient evidence to
establish the guilt of the crime charged
 granting the motion to change of plea – improper and irregular if there
is no finding on the weight of the prosecution’s evidence on hand
 Plea of guilty to capital offense – duty of the court to:
22
1) conduct a searching inquiry into the voluntariness and full comprehension

of the consequences of the plea of guilt
2) require the prosecution to still prove the guilt of the accused and the precise
degree of his culpability – to aid the Court on appellate review in
determining the propriety or impropriety of the plea
3) inquire whether or not the accused wishes to present evidence in his behalf
and allow him to do so if he desires
 conviction solely based on an improvident plea of guilt – set aside and

remanded for further proceedings
 Plea of guilty to non-capital offense; reception of evidence, discretionary. —

When the accused pleads guilty to a non-capital offense, the court may
receive evidence from the parties to determine the penalty to be imposed
 withdrawal of improvident plea of guilty – may be permitted any time before

the judgment of conviction becomes final
 suspension of arraignment
a) accused appears to be suffering from an unsound mental condition – court

shall order his mental examination and, if necessary, his confinement
b) prejudicial question exists
c) a petition for review of the resolution of the prosecutor is pending at either

the Department of Justice, or the Office of the President; provided, that the
period of suspension shall not exceed 60 days counted from the filing of the
petition with the reviewing office
H. Motion to quash (Rule 117)
 motion to quash the complaint or information – at any time before arraignment
 does not mean innocence of the accusations
 grounds
a) the facts charged do not constitute an offense – curable by

amendment
 test is whether the facts alleged, if hypothetically admitted, would

establish the essential elements of the offense charged as defined
by law
 facts that constitute the defense of the accused must be proved by

him during trial; do not constitute proper grounds
 failure to establish the venue, a matter of jurisdiction in criminal cases

– must be raised for arraignment and curable by amendment
 unnecessary appeals based on technical grounds, which only result

to prolonging the proceedings, are avoided
b) the court trying the case has no jurisdiction over the offense charged
 such as questioning the legality of the warrantless arrest

23
 any irregularity attendant to his arrest was cured when he voluntarily

submitted himself to the jurisdiction of the trial court by entering a
plea of not guilty and by participating in the trial
 nonetheless, illegality of the warrantless arrest cannot deprive the

State of its right to prosecute the guilty when all other facts on record
point to their culpability
c) the court trying the case has no jurisdiction over the person of the
accused
d) the officer who filed the information had no authority to do so
e) it does not conform substantially to the prescribed form
g) more than one offense is charged except when a single punishment for
various offenses is prescribed by law
 complaint or information must charge only one offense to enable

the accused to sufficiently prepare for his defense
 well-settled that when two or more offenses are charged in a single

complaint or information but the accused fails to object to it before
trial, the court may convict him of as many offenses as are charged
and proved, and impose upon him the proper penalty for each
offense
g) the criminal action or liability has been extinguished – prevents the re-
filing of an information
h) it contains averments which, if true, would constitute a legal excuse

or justification
i) That the accused has been previously convicted or acquitted of the

offense charged, or the case against him was dismissed or otherwise
terminated without his express consent (double jeopardy) – prevents the
re-filing of an information
 failure to move to quash – deemed a waiver of any objections except

those based on the grounds provided for in paragraphs (a), (b), (g), and
(i)
 3 alternative actions of the trial court when confronted with a Motion to Quash:
a) order the amendment of the Information – Information is deficient or lacking

in any material allegation; failure of the trial court to issue the order amounts
to an arbitrary exercise of power
b) sustain the Motion to Quash – prosecution is not precluded from filing

another information; trial court can order that another complaint or
information be filed without discharging the accused from custody unless
admitted to bail
c) deny the Motion to Quash
 proper procedure – accused to enter a plea, go to trial without

prejudice on his part to present the special defenses he had invoked in
24
his motion to quash and if after trial on the merits, an adverse decision
is rendered, to appeal therefrom in the manner authorized by law
 the denial is an interlocutory order and is not appealable
 however, the special civil action for certiorari under Rule 65 (Petition for
Review) is not the proper remedy
 Rule 65 – can be used only in the absence of an appeal or any other

adequate, plain and speedy remedy
 the plain and speedy remedy upon denial of an interlocutory order

is to proceed to trial
 double jeopardy only applies when:
a) a first jeopardy attached – only after the accused has been acquitted or
convicted, or the case has been dismissed or otherwise terminated without
his express consent, by a competent court in a valid indictment for which
the accused has entered a valid plea during arraignment
b) it has been validly terminated
c) a second jeopardy is for the same offense as in the first
 requisites of provisional dismissal
a) The prosecution with the express conformity of the accused, or the

accused, moves for a provisional dismissal of his case; or both the
prosecution and the accused move for its provisional dismissal
b) The offended party is notified of the motion for a provisional dismissal of the
case
c) The court issues an Order granting the motion and dismissing the case
provisionally
d) The public prosecutor is served with a copy of the Order of provisional

dismissal of the case
 time bar rule – provides that there is a time-bar of one year or two years for the
State to revive provisionally dismissed cases with the consent of the accused
and notice to the offended parties
 unless it is shown that the period is manifestly short or insufficient that the
rule becomes a denial of justice
 Order of dismissal in criminal cases – double jeopardy will attach in case the
prosecution appeals the Decision; final order that cannot be reconsidered, not
appealable and is immediately executory
 grounded on the denial of the right of the accused to speedy trial – has the
effect of acquittal that would bar the further prosecution of the accused
for the same offense
 errors of judgment – not appealable by the prosecution
25
 errors of jurisdiction when there was denial of due process resulting in loss
or lack of jurisdiction – the only instance when appeal by the prosecution
from the order of dismissal is allowed via a certiorari remedy (Rule 65)
 while, acquittal rendered in grave abuse of discretion amounting to
lack or excess of jurisdiction – does not really "acquit" and therefore does
not terminate the case as there can be no double jeopardy based on
a void indictment
 grave abuse of discretion – such capricious or whimsical exercise of
judgment which is equivalent to lack of jurisdiction or an evasion of
positive duty or a virtual refusal to act at all in contemplation of the law
I. Pre-trial (Rule 118)
 Pre-trial – mandatory; after arraignment and within 30 days from the date the
court acquires jurisdiction over the person of the accused, order a pre-trial
conference to consider the following:
a) plea bargaining
b) stipulation of facts
c) marking for identification of evidence of the parties
d) waiver of objections to admissibility of evidence
e) modification of the order of trial if the accused admits the charge but
interposes a lawful defense
f) such other matters as will promote a fair and expeditious trial of the criminal
and civil aspects of the case
 Pre-trial agreement – reduced in writing and signed by the accused and

counsel, otherwise, they cannot be used against the accused; approved by
the court
 non-appearance at pre-trial conference without justifiable reason – court may

impose proper sanctions or penalties
 Pre-trial order – bind the parties, limit the trial to matters not disposed of, and
control the course of the action during the trial, unless modified by the court to
prevent manifest injustice
 prohibition of plea bargaining in criminal cases – declared unconstitutional for

being contrary to the rule-making authority of the Supreme Court
J. Trial (Rule 119)
 absent witness – when his whereabouts are unknown or his whereabouts

cannot be determined by due diligence
 unavailable witness – when his whereabouts are known but his presence for
trial cannot be obtained by due diligence
 no continuance shall be granted because of congestion of the court's

calendar or lack of diligent preparation or failure to obtain available witnesses
on the part of the prosecutor
 remedy where accused is not brought to trial within the time limit – motion to
dismiss information on the ground of denial of his right of speedy trial
 accused – have the burden of proving the motion
 prosecution – have the burden of going forward with the evidence to

establish the exclusion of time
26
 dismissal – subject to the rules on double jeopardy
 failure to move for dismissal prior to trial – constitute a waiver of the right to
dismiss
 grounds for motion for examination of defense witness before trial — must state:
a) witness is sick or infirm as to afford reasonable ground for believing that he

will not be able to attend the trial
b) witness resides more than 100 kilometers from the place of trial and has no
means to attend the same
c) other similar circumstances exist that would make him unavailable or

prevent him from attending the trial
 order directing the witness to be examined at a specified date, time and

place – copy of which to be served on the prosecutor at least 3 days before
the scheduled examination to be taken before a judge, or, if not
practicable, a member of the Bar in good standing so designated by the
judge, or if the order be made by a court of superior jurisdiction, before an
inferior court to be designated therein
 examination – proceeds even in the absence of the prosecutor provided

he was duly notified of the hearing
 material witness – to post bail when the court is satisfied, upon proof or oath,
that he will not testify when required
 refusal to post bail – court shall commit him to prison until he complies or is
legally discharged after his testimony has been taken
 conditional examination of a witness for the prosecution – must be done before

the court, or before the judge, where the case is pending, in the presence of
the accused or in his absence provided he is notified, if:
1) too sick or infirm to appear at the trial as directed by the order of the court
2) has to leave the Philippines with no definite date of returning
 depositions – to be used as testimonial evidence in lieu of direct court

testimony
 failure or refusal of the accused to attend the examination after notice –

considered a waiver
 taking of deposition outside the Philippines whether the deponent is sick or

not – not allowed
 Rules on deposition under the 1997 Rules of Civil Procedure – cannot be

applied considering that Rule 119 provides its procedure in criminal
cases to secure for the adverse party the opportunity of cross-
examination
 witness' testimony is crucial to the prosecution's case against the

accused – thus, the trial judge should not be deprived of the opportunity
to observe the prosecution witness' deportment and to properly assess
his credibility
27
 discharge of an accused to be state witness – forms a constituent part of the

prosecution process; courts should generally defer to the judgment of the
prosecution and deny the motion only in clear cases of failure to meet the
requirements
 motion for discharge of the accused as state witness – shall be granted when
the court is satisfied that:
a) there is absolute necessity for the testimony of the accused

b) there is no other direct evidence available for the proper prosecution of
the offense committed, except the testimony of said accused
c) the testimony of said accused can be substantially corroborated in its
material points
d) said accused does not appear to be the most guilty
e) said accused has not at any time been convicted of any offense involving
moral turpitude
 if granted – evidence adduced in support of the discharge shall

automatically form part of the trial
 if motion is denied – his sworn statement shall be inadmissible in evidence
 discharge of accused – operates as an acquittal and shall be a bar to

future prosecution for the same offense, unless the accused fails or refuses
to testify against his co-accused in accordance with his sworn statement
constituting the basis for the discharge
 mistake in charging the proper offense — becomes manifest at any time

before judgment, the accused shall not be discharged if there appears good
cause to detain him
 court shall commit the accused to answer for the proper offense and
dismiss the original case upon the filing of the proper information
 exclusion of the public from the courtroom – if the evidence to be produced

during the trial is offensive to decency or public morals
 court dismissal on the ground of insufficiency of evidence after the prosecution

rests its case
1) on its own initiative
2) upon demurrer to evidence filed by the accused with or without leave of
court
 motion for leave of court to file demurrer to evidence – filed within a non-
extendible period of 5 days after the prosecution rests its case; prosecution
oppose the motion within a non-extendible period of 5 days from its receipt
 if granted – accused shall file the demurrer to evidence within a non-

extendible period of 10 days from notice; prosecution oppose the demurrer
to evidence within a similar period from its receipt
 court may require the presentation of further evidence if its action on

the demurrer to evidence would patently result in the denial of due
process; it may also allow the presentation of additional evidence if it is
newly discovered, if it was omitted through inadvertence or mistake, or
if it is intended to correct the evidence previously offered
28
 if denied – not be reviewable by appeal or by certiorari under Rule 65

before judgment (also if the Demurrer to evidence itself is denied)
 the special civil action for certiorari is generally not proper to assail such
an interlocutory order because of the availability of another remedy in
the ordinary course of law
 proper recourse was to go to trial; in case of conviction, appeal the

conviction, and assign the denial as among the errors to be reviewed
 however, the petition for certiorari is the proper remedy to assail the
denial of the demurrer to evidence if it was tainted with grave abuse of
discretion or excess of jurisdiction, or oppressive exercise of judicial
authority
 filed with leave of court and denied – accused may adduce evidence in
his defense
 filed without leave of court – accused waives the right to present evidence
and submits the case for judgment on the basis of the evidence for the
prosecution
 grant of a demurrer to evidence – operates as an acquittal and is, thus, final

and unappealable; otherwise, it would place the accused in double jeopardy
 motion for reconsideration – would violate the Constitutional prohibition

against double jeopardy because it would effectively reopen the
prosecution and subject the accused to a second jeopardy despite their
acquittal
 two grounds where double jeopardy will not attach
1) on the ground of grave abuse of discretion amounting to lack or excess

of jurisdiction
2) where there is a denial of a party's due process rights
 such as where the prosecution was denied the opportunity to present
its case or where the trial was a sham
 if either or both grounds are established – judgment of acquittal is
considered void, and as such does not have the effect of an acquittal,
thus, the defense of double jeopardy will not lie as the right of the
accused against double jeopardy is not violated
 requirements for reopening a case
1) reopening must be before the finality of a judgment of conviction
2) order is issued by the judge on his own initiative or upon motion
3) order is issued only after a hearing is conducted
4) order intends to prevent a miscarriage of justice
5) presentation of additional and/or further evidence should be terminated

within 30 days from the issuance of the order
 allow new evidence upon their original case, and its ruling will not be
disturbed in the appellate court where no abuse of discretion appears
29
 motion to reopen – only after either or both parties had formally offered and
closed their evidence, but before judgment is rendered, and even after
promulgation but before finality of judgment
 only controlling guideline – paramount interest of justice; to prevent a

miscarriage of justice
K. Judgement (Rule 120)
 Every person criminally liable for a felony is also civilly liable.
 acquittal does not necessarily extinguish his civil liability
 kinds of acquittal
1) accused is not the author of the act or omission – no civil liability; the civil
action, if any, which may be instituted must be based on grounds other than
the delict complained of
2) based on reasonable doubt on the guilt of the accused – not exempt from
civil liability which may be proved by preponderance of evidence only
 judgment must state that:
1) evidence of the prosecution absolutely failed to prove the guilt of the

accused
2) evidence merely failed to prove his guilt beyond reasonable doubt
 there must be a declaration in a final judgment that the fact from which
the civil liability might arise did not exist
 extinction of the penal action does not carry with it the extinction of the civil
liability where:
a) the acquittal is based on reasonable doubt as only preponderance of

evidence is required
b) the court declares that the liability of the accused is only civil
c) the civil liability of the accused does not arise from or is not based upon the
crime of which the accused is acquitted
 civil liability arises when one, by reason of his own act or omission, done
intentionally or negligently, causes damage to another
 finality of acquittal rule – provides that a judgment of acquittal is final and is no

longer reviewable; a reexamination of the merits of such acquittal, even in the
appellate courts, will put the accused in jeopardy for the same offense\
 exception: when the trial court commits grave abuse of discretion

amounting to lack or excess of jurisdiction
 remedy: judgment of acquittal may be questioned through the

extraordinary writ of certiorari under Rule 65
 demurrer to evidence – when filed by the accused, only evidence on record

is the evidence for the prosecution
30
 procedure when granted:
1) issue an order or partial judgment granting the demurrer to evidence

and acquitting the accused
2) set the case for continuation of trial for the accused to adduce
evidence on the civil aspect of the case and for the private
complainant to adduce evidence by way of rebuttal
3) render judgment on the civil aspect of the case
 Variance Doctrine – allows the conviction of an accused for a crime proved

which is different from but necessarily included in the crime charged without
violating his constitutional right to be informed of the nature and cause of the
accusation against him
 accused charged in the Information with rape by sexual intercourse cannot

be found guilty of rape by sexual assault, even though the latter crime was
proven during trial due to the substantial distinctions between these two
modes of rape (first mode is not necessarily included in the second, and
vice-versa)
 but accused can be convicted of the crime of lascivious conduct under

R.A. No. 7610
 R.A. No. 7610 – finds application when the victims of abuse, exploitation
or discrimination are children or those "persons below 18 years of age or
those over but are unable to fully take care of themselves or protect
themselves from abuse, neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or condition
 promulgation of judgment in absentia – allowed in case the accused failed to

appear despite notice
 failure of the accused to appear without justifiable cause on the scheduled

date of promulgation of the judgment of conviction – forfeits his right to avail
of the remedies against the judgment and the court shall order his arrest
 if within 15 days from promulgation of judgment, he surrenders and file a

motion for leave of court to avail of the remedies, stating the reasons for his
absence and has proven that his absence was for a justifiable cause – shall
be allowed to avail of the remedies within 15 days from notice
 decision of the 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
 judgment of conviction – may be modified or set aside before it becomes final

or before appeal is perfected upon motion of the accused
 becomes final after the lapse of the period for perfecting an appeal, or
when the sentence has been partially or totally satisfied or served, or when
the accused has waived in writing his right to appeal, or has applied for
probation
 void judgment or order – no legal and binding effect, force or efficacy for any
purpose
31
 not necessary to take any steps to vacate or avoid a void judgment or final
order; may simply be ignored
 procedure after affirmance or modification by Supreme Court or Court of

Appeals of judgments of convictions in criminal cases – certified copy of the
judgment is sent by the clerk of the appellate court to the lower court, not for
the promulgation or reading thereof to the defendant, but for the execution
of the judgment
 if the convict is under detention – the trial court should issue forthwith the
corresponding mittimus or commitment order so that the prisoner may be
considered remitted or may be transferred to the corresponding prison
facility for confinement and service of sentence
 if the convict is out on bail – the trial court shall immediately order the
bondsman to surrender the convict to it within 10 days from notice and
thereafter issue the corresponding mittimus
 in both cases, the trial court shall submit to the SC proof of the execution of
judgment within 15 days from date of such execution
L. New trial and reconsideration (Rule 121)
 new trial or reconsideration – before a judgment of conviction becomes final;

on motion of the accused or at the court’s instance but with the consent of
the accused; notice of the motion shall be given to the prosecutor; original
judgment shall be set aside or vacated and a new judgment rendered
accordingly
 grounds for a new trial

a) errors of law or irregularities prejudicial to the substantial rights of the
accused during the trial;
 effect: all proceedings and evidence affected thereby shall be set
aside and taken anew; in the interest of justice, allow the introduction
of additional evidence
b) newly-discovered evidence – which the accused could not with
reasonable diligence have discovered and produced at the trial and
which if introduced and admitted would probably change the judgment
 effect – evidence already adduced shall stand and the newly-
discovered and such other evidence shall be taken and considered
together with the evidence already in the record
 grounds for reconsideration – errors of law or fact in the judgment, which

requires no further proceedings
M. Appeal (Rules 122, 123, 124 and 125)
 an appeal throws the entire case wide open for review – reviewing tribunal
can correct errors, though unassigned in the appealed judgment, or even
reverse the trial court's decision based on grounds other than those that the
parties raised as errors
 factual findings of the trial court – generally accorded great weight and
respect on appeal, especially when such findings are supported by
substantial evidence on record
 only in exceptional circumstances, such as when the trial court overlooked

material and relevant matters, that the Supreme Court will re-calibrate and
evaluate the factual findings of the court below
32
 findings of fact of the Sandiganbayan in cases before the Supreme Court –

binding and conclusive in the absence of a showing that they come under the
following established exceptions
1) when the conclusion is a finding grounded entirely on speculation, surmises

and conjectures
2) the inference made is manifestly mistaken
3) there is a grave abuse of discretion
4) the judgment is based on misapprehension of facts
5) said findings of facts are conclusions without citation of specific evidence
on which they are based
6) the findings of fact are premised on the absence of evidence on record
 Office of the Solicitor General – law office of the Government whose specific
powers and functions include that of representing the Republic and/or the
People before any court in any action which affects the welfare of the people
as the ends of justice may require
 represent the Government in the SC and the CA in all criminal proceedings;

represent the Government and its officers in the SC, the CA, and all other
courts or tribunals in all civil actions and special proceedings in which the
Government or any officer thereof in his official capacity is a party
 dismissal of a criminal case by the trial court or acquittal of the accused –

only the OSG may bring an appeal on the criminal aspect representing the
People
 party affected by the dismissal of the criminal action is the People and
not the petitioners who are mere complaining witnesses
 People are therefore deemed as the real parties in interest in the

criminal case
 appeal of the criminal case not filed by the People as represented by

the OSG – dismissible
 private complainant or the offended party may, however, file an

appeal without the intervention of the OSG but only insofar as the
civil liability of the accused is concerned
– may also file a special civil action for certiorari even without the
intervention of the OSG, but only to the end of preserving his
interest in the civil aspect of the case
RULES 122 and 123
 appeal to the RTC or to the CA in cases decided by the RTC in the exercise
of its original jurisdiction – by filing a notice of appeal with the court which
rendered the judgment or final order appealed from and by serving a copy
thereof upon the adverse party
 within 15 days from promulgation of the judgment or from notice of the final
order appealed from
 period for perfecting an appeal – shall be suspended from the time a

motion for new trial or reconsideration is filed until notice of the order
overruling the motion shall have been served upon the accused or his
counsel at which time the balance of the period begins to run
33
 service of notice of appeal – personal service

 if cannot be made upon the adverse party or his counsel, service may
be done by registered mail or by substituted service
 otherwise, publication of notice of appeal
 waiver of notice – if the appellee waived his right to a notice that an appeal
has been taken, the appellate court may, in its discretion, entertain an
appeal notwithstanding failure to give such notice if the interests of justice
so require
 appeal to the CA in cases decided by the RTC in the exercise of its appellate
jurisdiction – by petition for review under Rule 42
 appeal to the SC in cases where the penalty imposed by the RTC is death,
reclusion perpetua, or life imprisonment, or where a lesser penalty is imposed
but for offenses committed on the same occasion or which arose out of the
same occurrence that gave rise to the more serious offense for which the
penalty of death, reclusion perpetua, or life imprisonment is imposed – by filing
a notice of appeal
 all other appeals to the SC – by petition for review on certiorari under Rule
45
 appeal to the RTCs

a) within 5 days from perfection of the appeal – the clerk of court shall transmit
the original record to the appropriate RTC
b) upon receipt of the complete record of the case, transcripts and exhibits –
the clerk of court of the RTC shall notify the parties of such fact
c) within 15 days from receipt of the said notice – the parties may submit
memoranda or briefs, or may be required by the RTC to do so
 after the submission of such memoranda or briefs, or upon the expiration
of the period to file the same – the RTC shall decide the case on the basis
of the entire record of the case and of such memoranda or briefs as may
have been filed
 effect of appeal by any of several accused

a) shall not affect those who did not appeal, except insofar as the judgment
of the appellate court is favorable and applicable to the latter
 a favorable judgment shall benefit the co-accused who did not appeal
b) appeal of the offended party from the civil aspect – shall not affect the
criminal aspect of the judgment or order appealed from
c) upon perfection of the appeal – execution of the judgment or final order
appealed from shall be stayed as to the appealing party
 withdrawal of appeal – allowed, notwithstanding the perfection of the appeal,

before the record has been forwarded by the clerk of court to the proper
appellate court
 effect – judgment shall become final
 the appellate court may also, in its discretion, allow the appellant to
withdraw his appeal, provided a motion to that effect is filed before
rendition of the judgment in the case on appeal
 effect – the judgment of the court of origin shall become final and the
case shall be remanded to the latter court for execution of the
judgment
34
RULE 124
 filing of briefs to the CA – motion for extension of time to file, not allowed except
for good and sufficient cause and only if the motion for extension is filed before
the expiration of the time sought to be extended
 certified true copy of the decision or final order appealed – must be

attached to the brief of appellant
 grounds for dismissal of appeal (upon motion of the appellee or motu proprio
and with notice to the appellant)
1) abandonment or failure to prosecute
 fails to file his brief within the time prescribed by this Rule, except where
the appellant is represented by a counsel de oficio
2) appellant escapes from prison or confinement, jumps bail or flees to a

foreign country during the pendency of the appeal
 loses his standing in court and unless he surrenders or submits to the

jurisdiction of the court he is deemed to have waived any right to
appeal
 right to appeal – merely a statutory remedy and the party who seeks to avail
of the same must strictly follow the requirements therefor
 lost – when accused jumped bail during the trial and was convicted in
absentia
 general rule: the negligence of counsel may not be condoned and should
bind the client
 exception: when such negligence is so gross, reckless and inexcusable that
the client is deprived of his day in court
 dismissal of appeals should not be based purely on technical grounds and
the rules of procedure should not be applied in a very rigid, technical sense,
for they are adopted to help secure, not override, substantial justice
 no judgment shall be reversed or modified unless the Court of Appeals, after

an examination of the record and of the evidence adduced by the parties, is
of the opinion that error was committed which injuriously affected the
substantial rights of the appellant
 judgment may be appealed to the Supreme Court by notice of appeal
filed with the Court of Appeals; otherwise, judgment becomes final and
executory
 doctrine of immutability of judgment – decision that has acquired finality
becomes immutable and unalterable, and may no longer be modified in
any respect, even if the modification is meant to correct erroneous
conclusions of fact and law, and whether it be made by the court that
rendered it or by the Highest Court of the land
 motion for new trial – at any time after the appeal from the lower court has
been perfected and before the judgment of the Court of Appeals convicting
the appellant becomes final
 ground: newly-discovered evidence material to his defense
 CA may conduct the hearing and receive evidence or refer the trial to the
court of origin
35
 motion for reconsideration – filed within 15 days after from notice of the
decision or final order of the CA, with copies served upon the adverse party,
setting forth the grounds in support thereof
 no second MR of a judgment or final order
Rule 125
 Supreme Court en banc - if opinion is equally divided or majority cannot be

had on whether to acquit the appellant, the case shall again be deliberated
upon and if no decision is reached after re-deliberation, the judgment of
conviction of the lower court shall be reversed and the accused acquitted
N. Search and seizures (Rule 126)
 application for a search warrant – merely constitutes a criminal process and is

not in itself a criminal action
 rule, therefore, that venue is jurisdictional in criminal cases does not apply
 venue is only procedural, and not jurisdictional
 search warrant – a written order issued in the name of the People of the
Philippines, signed by a judge, and directed to a peace officer commanding
him to search for the personal property described therein and bring it to the
court
 requisites:
1) probable cause is present (facts and circumstances which would lead
a reasonably discreet and prudent man to believe that an offense has
been committed and that the objects sought in connection with the
offense are in the place to be searched)
 probable cause for purposes of filing a criminal information – facts
and circumstances which would lead a reasonably discreet and
prudent man to believe that the offense charged in the Information,
or any offense included therein, has been committed by the person
sought to be arrested
2) such probable cause must be determined personally by the judge;
3) the judge must examine, in writing and under oath or affirmation, the
complainant and the witnesses he or she may produce;
4) the applicant and the witnesses testify on the facts personally known to
them; and
5) the warrant specifically describes the place to be searched and the
things to be seized
 must be complied strictly; otherwise, the search warrant is void
 where to file search warrant application – in the court having jurisdiction over
the place where the offense was committed and where the search warrant
shall be enforced
 statement of compelling reasons – mandatory requirement in a search warrant

application if filed in a court which does not have territorial jurisdiction over the
place of commission of the alleged crime (absence of such statement renders
the application defective, not a ground for the outright denial since it is not one
of the requisites for the issuance of a search warrant)
36
 only a mandatory requirement in so far as the proper venue for the filing of
search warrant application is concerned
 issue on venue – must be raised in a timely motion to quash the search

warrant; otherwise, the objection shall be deemed waived, pursuant to the
Omnibus Motion Rule
 search – mandatorily required to be witnessed by the lawful occupant of the

premises; only upon their absence that their presence may be replaced by
two (2) persons of sufficient age and discretion residing in the same locality
 otherwise, seized items shall be inadmissible under the exclusionary rule
 validity of search warrant – 10 days from its date
 judge failed to properly monitor the submission of returns – administratively

liable
 search incident to lawful arrest – a person lawfully arrested may be searched

for dangerous weapons or anything which may have been used or constitute
proof in the commission of an offense without a search warrant
 subsequent search and seizure made by the police officers during a buy
bust operation for violation of R.A. No. 9165
 motion to quash a search warrant and/or to suppress evidence – filed in and

acted upon only by the court where the action has been instituted
 if no criminal action has been instituted – filed in and resolved by the court
that issued the search warrant
 if such court failed to resolve the motion and a criminal case is

subsequently filed in another court – shall be resolved by the latter court
O. Provisional remedies in criminal cases (Rule 127)
 civil action instituted in the criminal action – attachment of the property of the
accused as security for the satisfaction of any judgment when:
a) When the accused is about to abscond from the Philippines
b) When the criminal action is based on a claim for money or property

embezzled or fraudulently misapplied or converted to the use of the
accused who is a public officer, officer of a corporation, attorney, factor,
broker, agent, or clerk, in the course of his employment as such, or by any
other person in a fiduciary capacity, or for a willful violation of duty
c) When the accused has concealed, removed, or disposed of his property,

or is about to do so
d) When the accused resides outside the Philippines
P. Revised Guidelines on Continuous Trial (A.M. No. 15-06-10-SC)
 justice too long delayed is justice denied
 objective – to protect and advance the constitutional right of persons to a

speedy disposition of their criminal cases
37
 salient rules with the aim to reduce trial time/period

1) Trial – held from Monday to Thursday and call the cases at exactly 8.30am
and 2.00pm
 hearing on motions, arraignment, pre-trial and promulgation of
decisions – held in the morning on Fridays
2) upon arrest or voluntary surrender of the accused – set the arraignment and
pre-trial within 10 calendar days from the court’s receipt of the case for
detained accused, and within 30 days for non-detained accused.
3) arraignment and pre-trial conference – shall be simultaneously held
 proceed with the pre-trial despite absence of the accused and/or
private complainant, provided they were duly notified, and accused’s
counsel and public prosecutor are present
 stipulations shall be done with the active participation of the court
 pre-trial order – shall immediately be served upon parties and counsels
on the same day after termination of the pre-trial
4) as to the form of testimony, for First Level Courts, the testimonies of the
witnesses shall be the duly subscribed written statements given to law
enforcers, or affidavits or counter-affidavits submitted to the investigating
prosecutor during preliminary investigation
 if not available, they shall be in the form of judicial affidavits
 same rule shall apply for Second Level Courts, the Sandiganbayan and
Court of Tax Appeals, where the demeanor of the witness is not essential
in determining the credibility (such as forensic chemists, medico-legal
officers, investigators, auditors, accountants, engineers, custodians,
expert witnesses), and who will testify on the authenticity, due execution
and contents of public documents and reports, and the criminal cases
are transactional in nature (such as falsification, corruption or fraud)
5) a witness has to be fully examined in one day only
6) motions for postponement – generally prohibited, except if it is based on
acts of God, force majeure or physical inability of the witness to appear
and testify
 if granted based on such exceptions – moving party shall be warned
that the presentation of its evidence must still be finished on the dates
previously agreed upon
7) offer of evidence (which must be made on the same day after the
presentation of the last witness), and the comment/objection thereto, with
the court’s ruling thereon – to be made orally and in open court
8) court shall announce in open court and include in its order submitting the
case for decision, the date of promulgation of decision, which shall not be
more than 90 days from the date the case is submitted for decision
 motions for reconsideration – to be resolved within a non-extendible
period of 10 calendar days from submission of the comment thereon
 applies (1) to all newly-filed criminal cases (including those governed by the
Comprehensive Dangerous Drugs Act of 2002, Cybercrime Prevention Act of
2012, Rules of Procedure for Environmental Cases, Rules of Procedure for
Intellectual Property Rights Cases, and Criminal Cases cognizable by Family
and Commercial Courts) in the First and Second Level Courts, the
Sandiganbayan, and the CTA, and (2) to pending criminal cases with respect
to the remainder of the proceedings
 non-compliance – ground for disciplinary action
38
Q. The Rule on Cybercrime Warrants (A.M. No. 17-11-03-SC)
 filing a complaint with the NBI or the PNP – not a requirement for prosecuting
a cybercrime case
 cybercrime complaints – can be filed directly with the prosecutor's office,
without need of prior investigation by the NBI-Cybercrime Division or the
PNP Anti-Cybercrime Group, who exclusively handle cases involving
violations of Cybercrime Prevention Act of 2012
 types of cybercrime warrants – can only obtained by law enforcement
agencies (i.e., the PNP or the NBI) from RTCs specially designated to handle
cybercrime cases
 private complainants will need to coordinate with such agencies if such
warrants are to be obtained
1) Warrant to Disclose Computer Data (WDCD) – to disclose subscriber's
information, traffic data, or relevant data in his possession or control within
72 hours from receipt of the order
 request may only be filed if there is a complaint officially docketed and
assigned for investigation and the disclosure is necessary and relevant
for the investigation
 must state the relevance and necessity of the data sought and
describe particularly the information sought to be disclosed
2) Warrant to Intercept Computer Data (WICD) – authorizes the law
enforcement authorities to listen to, record, monitor, or conduct
surveillance of the content of communications, including the use of
electronic eavesdropping or tapping devices
 request must state the relevance and necessity of the data sought and
describe particularly the information sought to be disclosed and the
likely offense involved
3) Warrant to Search, Seize, and Examine Computer Data (WSSECD) – similar
to a search warrant, except that its subject matter is computer data
 request must also state the relevance and necessity of the data sought
and describe particularly the information sought to be seized and
examined, the likely offense involved and an explanation of the search
and seizure strategy to be implemented
 upon the conduct of the seizure, law enforcement must file a return
stating the (a) devices that were subject of the WSSECD and (b) the
hash value of the computer data and/or the seized computer device
or computer system containing such data
4) Warrant to Examine Computer Data (WECD) – issued when a computer
device or system is previously seized by another lawful method, such as a
warrantless arrest
 must be secured by the law enforcement before searching any device
seized
 must state the relevance and necessity of the data sought and describe
particularly the information sought to be disclosed, and the likely
offense involved
 upon the conduct of the seizure, law enforcement must file a return
stating the (a) devices that were subject of the WECD and (b) the hash
value of the computer data and/or the seized computer device or
computer system containing such data
39
 Regional Trial Courts in the following cities are empowered to issue warrants
that are enforceable throughout the Philippines
1) Quezon City
2) Manila City
3) Makati City
4) Pasig City
5) Cebu City
6) Iloilo City
7) Davao City
8) Cagayan de Oro City are
 complaints dismissed for failure to involve the NBI or PNP – may make use of
the DOJ's Advisory Opinion on the matter
 4 warrants – can be directed at "service providers"
 service provider – an entity that provides users the ability to communicate

using a computer system or that processes or stores computer data on
behalf of a communication service or user
 providing internet services, platforms for communications and social

media, and the like
40

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CRIMINAL PROCEDURE Notes

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III.

 prosecution of criminal cases – not by the private complainant but within

 remedy when private complainant was not able to include in the

1. Criminal jurisdiction; concept and requisites for exercise

 Sandiganbayan – has exclusive original jurisdiction over:

a) Violations of RA No. 3019, as amended (Anti-Graft and Corrupt Practices

1) Officials of the executive branch occupying the positions of regional

b) Other offenses or felonies whether simple or complexed with other crimes

 RTC – shall have exclusive original jurisdiction where the information:

a) does not allege any damage to the government or any bribery; or

 RTC – has the exclusive original jurisdiction over the following:

 Sandiganbayan is without jurisdiction to hear drug-related cases

b) violations of the Omnibus Election Code, regardless of whether such

 offenses committed by members of the Armed Forces in relation to their

 Sandiganbayan has exercised exclusive appellate jurisdiction over final

 doctrine of finality of judgment or immutability of judgment – a decision that

 re-opening of the case despite the finality of the resolution/decision –

a) matters of life, liberty, honor, or property

 death prior to final conviction – renders dismissible the criminal cases

 RPC provides that criminal liability is totally extinguished by death of the

 requirement to indicate merely directory, thus, failure to comply with it or

 Quashing of Information – rests in the sound exercise of judicial discretion

 not dutifully bound by such finding of the investigating prosecutor

 not bound to adopt the resolution of the Secretary of Justice

 mandated to independently evaluate or assess the merits of the case

 voluntary appearance – deemed submission to the jurisdiction of the court

 posting bail or in filing motions seeking affirmative relief – tantamount to

 lack of jurisdiction over the person – may be waived either expressly or

 archiving of cases – shelving of cases, done only where no immediate action

2) proceedings ordered suspended for an indefinite period

a) accused suffering from an unsound mental condition committed to a

b) prejudicial question in a civil action invoked during the pendency of the

c) an interlocutory order or incident in the criminal case is elevated to, and

d) accused jumped bail before arraignment and cannot be arrested by

B. Prosecution of offenses (Rule 110)

 institution of the criminal action – interrupts the running period of prescription

 Information – an accusation in writing charging a person with an offense,

 no designation of the offense – reference shall be made to the section

 the qualifying and aggravating circumstances alleged must be stated

 allege clearly and accurately every element constituting the offense

 accused cannot be convicted of any offense unless it is charged in the

 actual recital of facts stated in the Information or Complaint, not the

 seduction, abduction and acts of lasciviousness – shall be prosecuted only

 right to file the action granted to parents, grandparents, or guardian –

 defamation which consists in the imputation of seduction, abduction or acts of

 real party in interest – the People

 criminal actions commenced by complaint or by information shall be

 private prosecutor – may be authorized in writing by the Chief of the

 presence or absence of the elements of the crime – evidentiary in nature and

 validity and merits of a party's defense or accusation, as well as admissibility

 person charged with a continuing or transitory crime may be validly tried in

 example: violation of BP 22 cases – may be filed in any of the places where

 determination of venue – based on the acts alleged in the Information to

 jurisdiction of a court over the criminal case – determined by the allegations in

 date of commission of the offense – not necessary to be stated in the

 only one offense must be charged in a complaint or information

 Amendment of complaint or information

 in form or in substance, without leave of court, at any time before

 any amendment before plea, which downgrades the nature of the

 example: accused were charged with murder and interposed as a

C. Prosecution of civil action (Rule 111)

a) waives the civil action;

b) reserves the right to institute it separately – made before the prosecution