Atty. Rodolfo L Verzosa Jr.

AN ACT PROVIDING THAT BAIL SHALL NOT, WITH

CERTAIN EXCEPTIONS, BE REQUIRED IN CASES OF
VIOLATIONS OF MUNICIPAL OR CITY ORDINANCES
AND
IN
CRIMINAL
OFFENSES
WHEN
THE
PRESCRIBED PENALTY FOR SUCH OFFENSES IS NOT
HIGHER THAN ARRESTO MAYOR AND/OR A FINE OF
TWO THOUSAND PESOS OR BOTH.

REPUBLIC ACT No. 6036 (ROR Bill)

The offender under custody can be released to a

responsible person in the community as provided
for in Republic Act 6036

Section 1.
Anyprovisionofexistinglawtothecontrarynotwithstanding,bailshallnotberequiredofa
personchargedwithviolationofamunicipalorcityordinance,alightfelonyand/oracriminal
offensetheprescribedpenaltyforwhichisnothigherthansixmonthsimprisonmentand/ora
fineoftwothousandpesos,orboth,wheresaidpersonhasestablishedtothesatisfactionof
thecourtoranyotherappropriateauthorityhearinghiscasethatheisunabletopostthe
requiredcashorbailbond,exceptinthefollowingcases:
(a)Whenheiscaughtcommittingtheoffenseinflagranti;
(b)Whenheconfessestothecommissionoftheoffenseunlesstheconfessionislater
repudiatedbyhiminaswornstatementorinopencourtashavingbeenextractedthrough
forceorintimidation;
(c)Whenheisfoundtohavepreviouslyescapedfromlegalconfinement,evadedsentence,
orjumpedbail;
(d)WhenheisfoundtohavepreviouslyviolatedtheprovisionsofSection2hereof;
(e)Whenheisfoundtobearecidivistorahabitualdelinquentorhasbeenpreviously
convictedforanoffensetowhichthelaworordinanceattachesanequalorgreaterpenaltyor
fortwoormoreoffensestowhichitattachesalighterpenalty;
(f)Whenhecommitstheoffensewhileonparoleorunderconditionalpardon;and
(g)Whentheaccusedhaspreviouslybeenpardonedbythemunicipalorcitymayorfor
violationofmunicipalorcityordinanceforatleasttwotimes.

Section 2.
Instead of bail, the person charged with any offense
contemplated by Section 1 hereof shall be required to sign in
the presence of two witnesses of good standing in the
community a sworn statement binding himself, pending final
decision of his case, to report to the Clerk of the Court hearing
his case periodically every two weeks. The Court may, in its
discretion and with the consent of the person charged, require
further that he be placed under the custody and subject to the
authority of a responsible citizen in the community who may
be willing to accept the responsibility. In such a case the
affidavit herein mentioned shall include a statement of the
person charged that he binds himself to accept the authority
of the citizen so appointed by the Court. The Clerk of Court
shall immediately report the presence of the accused person
to the Court. Except when his failure to report is for justifiable
reasons including circumstances beyond his control to be
determined by the Court, any violation of this sworn statement
shall justify the Court to order his immediate arrest unless he
files bail in the amount forthwith fixed by the Court.

BATAS PAMBANSA BLG. 85

AN ACT AUTHORIZING THE RELEASE OF ANY OFFENDER OR
ACCUSED
WHO
HAS
UNDERGONE
PREVENTIVE
IMPRISONMENT EQUAL TO OR MORE THAN THE POSSIBLE
MAXIMUM IMPRISONMENT TO WHICH HE MAY BE
SENTENCED BY AMENDING THE REVISED PENAL CODE

Section 1.
Article twenty-nine of Public Act Numbered Thirty-eight
hundred and fifteen, otherwise known as the Revised Penal
Code, as amended by Republic Act Numbered Sixty-one
hundred and twenty-seven, is further amended to read as
follows:
"Art. 29Period of preventive imprisonment deducted from
term of imprisonment. Offenders or accused who have
undergone preventive imprisonment shall be credited in the
service of their sentence consisting of deprivation of liberty,
with the full time during which they have undergone
preventive imprisonment, if the detention prisoner agrees
voluntarily in writing to abide by the same disciplinary rules
imposed upon convicted prisoners except in the following
cases:
"1.When they are recidivists, or have been convicted
previously twice or more times of any crime; and

"2.When upon being summoned for the execution of their

sentence they have failed to surrender voluntarily.

"If the detention prisoner does not agree to abide

by the same disciplinary rules imposed upon
convicted prisoners, he shall be credited in the
service of his sentence with four-fifths of the time
during which he has undergone preventive
imprisonment.
"Whenever an accused has undergone preventive
imprisonment for a period equal to or more than
the possible maximum imprisonment of the
offense charged to which he may be sentenced
and his case is not yet terminated, he shall be
released immediately without prejudice to the
continuation of the trial thereof or the proceeding
on appeal, if the same is under review unless he
is detained by virtue of an arrest, search and
seizure order (ASSO). In case the maximum
penalty to which the accused may be sentenced is
destierro, he shall be released after thirty (30)
days
of
preventive
imprisonment."

 ADMINISTRATIVE CIRCULAR NO. 1-2000

Accordingly, all trial judges of court of the first and second
levels are enjoined to
(1) Conduct an accurate inventory of all criminal cases in
their courts indicating therein for each case (a) the crime
charged; (b) the possible maximum imprisonment for such
crime; (c) the dates the information or complaint was
filed; (d) whether the accused is bonded or detained; (e) if
accused is detained, the place of detention and the date
the detention commenced; (f) the date of the
arraignment; and (g) the current status of the case; and

 (2) Direct the wardens of jails or detention centers

where the accused in the aforementioned cases are
detained to submit status reports thereon indicating (1)
whether the accuse is serving his sentence; the title of
the case; the date the judgment was promulgated and
the date he started serving his sentence; and (3) if
merely under preventive imprisonment, the title of the
case, the crime for which he is detained, and the date
he was committed for preventive imprisonment.

(3) Order the release from detention of any accused

who is already entitled to such release under the last
paragraph of Article 29 of the Revised Penal Code, or
who has already served his sentence, as the case may
be, unless the release may not be warranted by reason
of any other lawful ground or cause.

Probation Law
An accused, after conviction and sentence, is released
subject to conditions imposed by the Court and to the
supervision of a Parole and Probation Officer.
Probation is a disposition under which a defendant,
after conviction and sentence, is released subject to
conditions imposed by the Court and to the supervision
of a Probation Officer

 one of the major goals of the government is to

establish a more enlightened and humane
correctional systems that will promote the
reformation of offenders and thereby reduce the
incidence of recidivism.

there is a need to provide a less costly alternative

to the imprisonment of offenders who are likely to
respond to individualized, community-based
treatment programs;

Sec. 4.Grant of Probation.

Subject to the provisions of this Decree, the court
may, after it shall have convicted and sentenced a
defendant and upon application at any time of said
defendant, suspend the execution of said sentence
and place the defendant on probation for such
period and upon such terms and conditions as it
may deem best.
Probation may be granted whether the sentence
imposes a term of imprisonment or a fine only. An
application for probation shall be filed with the trial
court, with notice to the appellate court if an
appeal has been taken from the sentence of
conviction. The filing of the application shall be
deemed a waiver of the right to appeal, or the
automatic withdrawal of a pending appeal.

Sec. 8.Criteria for Placing an

Offender on Probation.
In determining whether an offender may be placed on
probation, the court shall consider all information
relative, to the character, antecedents, environment,
mental and physical condition of the offender, and
available institutional and community resources.
Probation shall be denied if the court finds that:
(a)the offender is in need of correctional treatment
that can be provided most effectively by his
commitment to an institution; or
(b)there is undue risk that during the period of
probation the offender will commit another crime; or.
(c)probation will depreciate the seriousness of the
offense committed.

Sec. 9.Disqualified Offenders

The benefits of this Decree shall not be extended to
those:

(a)sentenced to serve a maximum term of

imprisonment of more than six years;
(b)convicted of any offense against the security of the
State;
(c)who have previously been convicted by final
judgment of an offense punished by imprisonment of
not less than one month and one day and/or a fine of
not less than Two Hundred Pesos;
(d)who have been once on probation under the
provisions of this Decree; and
(e)who are already serving sentence at the time the
substantive provisions of this Decree became
applicable pursuant to Section 33 hereof.

Sec. 11.Effectivity of Probation

Order
A probation order shall take effect upon its
issuance, at which time the court shall inform the
offender of the consequences thereof and explain
that upon his failure to comply with any of the
conditions prescribed in the said order or his
commission of another offense, he shall serve the
penalty imposed for the offense under which he
was placed on probation.

Sec. 14.Period of Probation

(a)The period of probation of a defendant
sentenced to a term of imprisonment of not
more than one year shall not exceed two years,
and in all other cases, said period shall not
exceed six years.
(b)When the sentence imposes a fine only and
the offender is made to serve subsidiary
imprisonment in case of insolvency, the period
of probation shall not be less than nor to be
more than twice the total number of days of
subsidiary imprisonment as computed at the
rate established, in Article thirty-nine of the
Revised Penal Code, as amended.

Sec. 16.Termination of
Probation
After the period of probation and upon
consideration of the report and recommendation
of the probation officer, the court may order the
final discharge of the probationer upon finding
that he has fulfilled the terms and conditions of
his probation and thereupon the case is deemed
terminated.
The final discharge of the probationer shall
operate to restore to him all civil rights lost or
suspended as a result of his conviction and to
fully discharge his liability for any fine imposed as
to the offense for which probation was granted.
The probationer and the probation officer shall
each be furnished with a copy of such order.

Release on Bail

 Bail is the security given

for the release of a
person in custody of the
law, furnished by him or
a
bondsman,to
guarantee
his
appearance before any
court as required under
the conditions provided
by the law.

Kindsofbail
CashBond
SuretyBond
PropertyBond
Releaseon
recognizance

A matter of right:
Before or after conviction by the Metropolitan Trial Court,
Municipal Trial Court, Municipal Trial Courts in Cities, or
Municipal Circuit Trial Courts;
Before conviction by the Regional Trial Court of an offense
not punishable by death, reclusion perpetua or life
imprisonment. (Section 4, Rule 114, Rules of Court)

Discretionary:
Upon conviction by the Regional Trial Court of
an offense not punishable by death, reclusion
perpetua, or life imprisonment, admission to
bail is discretionary. (Section 5, Rule 114,
Rules of Court)

Bail in the amount fixed may be filed with the:

Court where the case is pending, or
In the absence or unavailability of the judge thereof, with any
regional trial judge, metropolitan trial judge, municipal trial judge,
or municipal circuit trial judge in the province, city or municipality.
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 said place, or if no judge thereof is
available, with any metropolitan trial judge, municipal trial judge,
or municipal circuit trial judge therein. (Section 17 (a), Rule 114,
Rules of Court)

Where the grant of bail is a matter of discretion, or the accused

seeks to be released on recognizance, the application may be
filed only in the court where the case is pending, on trial or
appeal. (Section 17 (b), Rule 114, Rules of Court)

Any person in custody who is not yet charged in court may apply
for bail with any court in the province, city, or municipality where
he is held. (Section 17 (c), Rule 114, Rules of Court)

 RA 4103, as amended, authorized the Board of Pardons

Parole

and Parole to grant parole to a prisoner who has served

the minimum sentence of his indeterminate prison
term.
Parole is a conditional release of his sentence, allowing
the prisoner to complete his term of punishment
outside the prison if he satisfactorily complies with the
terms of the parole.

Who are disqualified for parole?

1. those convicted of offenses punished with death penalty
or life imprisonment.
2. Those convicted of treason, conspiracy or proposal to
commit treason or espionage.
3. Those convicted of misprision of treason, rebellion,
sedition, or coup detat.
4. Those convicted of piracy or mutiny on high seas or
Philippine waters.
5. Those who are habitual delinquents.
6. Those who escaped from confinement or evaded
sentence .

 7. those who having granted conditional pardon by the

President of the Philippines shall have violated any terms
thereof
8. those whose maximum term of imprisonment does not
exceed 1 year or those with definite sentence.
9. those convicted of offenses punished with reclusion
perpetua or whose sentences where reduced to reclusion
perpetua by reason of RA 9346 amending RA 7659.
10. those convicted for violation of the laws on terrorism,
plunder and transnational crimes.

Parole may be filed upon proving that the prisoner, who is

confined in a jail or prison to serve an indeterminate
prison sentence, has served the minimum period of said
sentence. Application for Parole is filed to the Executive
Director or the Chairman of the Board of Pardons and
Parole (BPP)

Eligibility for review of a parole case

a. Inmate is serving an indeterminate sentence the
maximum period of which exceeds 1 year
b. Inmate has served the minimum period of the
Indeterminate sentence
c. Inmates conviction is final and executory : in case
the inmate has one or more co-accused who had
been convicted , the director /warden concerned
shall forward their prison records and carpetas
/jackets at the same time.
d. Inmates has no pending case
e. Inmate is serving sentence in the national
penitentiary, unless the confinement of said inmate
in municipal, district or city jail is justified.

 A National inmate is one who is sentenced to a maximum

term of imprisonment of more than 3 yrs or to a fine of
more than five thousand pesos; or regardless of the
length of
sentenced imposed
by the court to one
sentenced for violation of the customs law or other laws
within the jurisdiction of the Bureau of customs or
enforceable by it,/ or to one sentenced to served two (2)
or more prison sentences in the aggregate exceeding the
period of three (3) years.

Procedure

1. Transmittal of carpeta and prison record- the director or

warden concerned shall send a prisoners prison record and
carpeta to the Board at least one (1) month prior to the date
when his case shall be eligible for review.
2.Publication of names of prisoners being considered for
parole- the Board shall
cause the publication
in a
newspaper of general circulation the names of prisoners
convicted of heinous crimes or those sentenced to reclusion
or life imprisonment and whose sentence has been
commuted to an indeterminate prison term and may be
considered for release on parole
3.Notice to offended party- in addition to the publication, the
offended party or the immediate relative in the event that
the offended is unable or otherwise not available, shall be
notified personally or by registered mail and given a period
of thirty days from notice within which to communicate their
comment to the Board regarding the contemplated grant of
parole to the prisoner.

Factors to be considered in review of

parole cases
The degree of prisoners rehabilitation and his
institutional behavior or conduct.
Previous criminal record , if any, and the risk to other
persons, including the victim and witnesses and their
family and friends or the community in general , or the
possibility of retaliation by the victim, his family and
friends.
The gravity of the offense and the manner in which it
was committed , and prisoners attitude towards the
offense and his degree of remorse.

Evidence that the prisoner will be legitimately employed

upon release, or has a place where he will reside and;
The age of the prisoner and the availability of after care
services for the prisoner who is old, seriously ill or
suffering from a physical disability.

Executive Clemency-(Sec. 19, Art.

VII of the Constitution)
Executive Clemency refers to commutation of sentence,
absolute pardon and conditional pardon, with or without
parole conditions, as may be granted by the President
of the Philippines upon the recommendation of the BPP.
Executive Clemency rests exclusively within the sound
discretion of the President, and is exercised with the
objective of preventing a miscarriage of justice or
correcting a manifest injustice.
Commutation of Sentence - reduction or mitigation of
penalty
Pardon - an act of grace which exempts the individual
on whom it is bestowed from the punishment that the
law inflicts for the crime he has committed. It is either
absolute or conditional.
Reprieve postponement of a sentence or stay of
execution.

Constitutional
Clemency :

limitations

on

Executive

1.In cases of impeachment;

2.In cases involving violation of election
laws, rules and regulations as provided for
in Section 5, par.c, Art.IX of the 1987 Phil.
Constitution without the favorable
recommendation of the Commission on
Elections; and
3.In cases where the conviction is on appeal
or has not become final or executory.

 WHAT IS COMMUTATION OF SENTENCE?

It is the reduction of the period of a prison
sentence.
Consideration of Cases for Executive
Clemency:- the Board may consider
cases for executive clemency upon
petition, or referral by the Office of the
President, or motu Proprio.

Extraordinary circumstances
The Board shall recommend to the president the grant
of executive clemency when any of the following
circumstances are present:
a.The trial court or appellate court in its decision
recommended the grant of executive clemency for the
inmate
b.Evidence which the court failed to consider, before
conviction, which would have justified an acquittal of
the accused.
c.When an inmate suffers from serious, contagious or life
threatening illness or severe physical disability, such as
those who are totally blind, paralyzed, bedridden, etc.,
as recommended under oath by the physician of the
Bureau of corrections Hospital and certified by a
Physician designated by the DOH

 Alien inmates where diplomatic considerations and amity

among nations necessitates review; and
Such other similar or analogous circumstances whenever
the interest of justice will be serve thereby.
OTHER CIRCUMSTANCES- When none of the extraordinary
circumstances enumerated above exist, the Board may
nonetheless review and/or recommend to the President
the grant of executive to an inmate provided the inmates
meets the following requirements :

A.
1.
2.
3.
4.

5.

6.

For commutation of sentence, the inmate should have served:

At least 1/3 of the definite or aggregate prison terms
At least of the minimum of the indeterminate or aggregate
minimum of indeterminate prison terms
At least 10 years for inmates sentenced to 1 reclusion
perpetua or 1 life imprisonment for crimes / offenses not
punished under RA 7659 and other special laws
At least 13 years for inmates whose indeterminate and / or
definite prison terms were adjusted to a definite prison term
of 40 years in accordance with the provisions of art 70 of the
RPC,as amended
At least 15 years for inmates convicted of heinous crimes/
offenses as define by RA 7659 or other special laws
committed after Jan 1, 1994 and sentenced to 1 reclusion
perpetua or 1 life imprisonment.
At least 18 years for inmates convicted and sentenced to
reclusion or life imprisonment for violation of RA 9165 and for
kidnapping for ransom or violation of the laws on terrorism,
plunder and transnational crimes

 At least 20 years for inmates originally sentenced to 2 or

more reclusion or life imprisonment even if their sentences
were adjusted to a definite prison term of 40 years in
accordance with the provisions of art 70 of the RPC
At least 25 years for inmates originally sentenced to death
penalty but which was automatically reduced or commuted
to reclusion perpetua or life imprisonment.
B. for Conditional Pardon, an inmate should have serve at
least of the maximum of the original indeterminate and or
definite prison term
Compliance with the above-mentioned periods of
imprisonment shall be without prejudice to the results of
publications, community, interview, pre-executive clemency
investigation report, institutional conduct, NBI records check,
psychological test, notices, comments from the victim or
victims relative, court certification of the non existence of
any record of pending appeal or case and other pertinent
documents and factors.

Absolute Pardon
The prisoner should have served his maximum sentence
or granted final release and discharge or court
termination of probation.
However, the Board may consider a petition for absolute
pardon even before the grant of final release and
discharge under provisions of Sec. 6 of Act 4103, as
amended as when the petitioner :
1. is seeking an appointive/elective public position or
reinstatement in the government service;
2. will take any government examination
3. is emigrating, provided the petitioner shall submit an
approved immigrant application

 WHAT IS CONDITIONAL PARDON?

It is the conditional exemption of a guilty
offender for the punishment imposed by a
court.
WHAT IS ABSOLUTE PARDON?
It is the total extinction of the criminal
liability of the individual to whom it is
granted without any condition whatsoever
resulting to the full restoration of his civil
rights.

Provisional Dismissal
Acaseshall not be provisionally dismissed except with
the express consent of the accused and with notice to the
offended party.
General Rule:

 The provisional dismissal of offenses punishable by

imprisonment not exceeding six (6) years or a fine of
any amount, or both, shall become permanent one (1)
year after issuance of the order with the case having
been revived.
With respect to offenses punishable by imprisonment
of more than six (6) years, their provisional dismissal
shall become permanent two (2) years after issuance of
the order without the case having been revived.
(Section 8, Rule 117, Rules of Court)

After the provisional dismissal becomes final, the

accused cannot be prosecuted anymore

WHEN DOES A PROVISIONAL DISMISSAL

BECOME
FINAL?
WHEN CAN
A CASE BE PROVISIONALLY
DISMISSED?
> A case can only be dismissed provisionally if the

accused expressly consents, such consent given in writing

or viva voce.
> It must be positive, direct, unequivocal consent
requiring no inference or implication to supply its meaning
> The mere inaction or silence of the accused to a
provisional dismissal of the case or his failure to
object to a provisional dismissal doesnt amount to
express consent.

WHAT ARE THE REQUISITES LAID DOWN

BY PEOPLE V. LACSON?

1. The prosecution, with the express conformityof the

accused or the latters counsel moves for a provisional dismissal

of the case; or both the prosecution or accused move for a
provisional dismissal of the case

2.The offended party is notified of the motion for a

provisional dismissal of the case

3. The court issues an order granting the motion and dismissing

the case provisionally

4. The public prosecutor is served with a copy of the

order of provisional dismissal of the case

 WHAT DOES IT MEAN WHEN THE TIME BAR RULE WILL NOT
APPLY?
> Provisional dismissal will not become permanent, even
after one year or two years depending on the offenses nature .

HOW CAN A CASE BE REVIVED?

1. Re-filing the information or filing of a new information for
the same offense necessarily included therein without need of a
new preliminary investigation unless the original witnesses of
the
prosecution or some of them may have recanted their testimonies
or may no longer be available and new witnesses for the
State have emerged
2. A new preliminary investigation is also required if aside from the
original accused, other persons are charged under a new criminal
complaint for the same offense or necessarily included therein
3. Under a new criminal complaint, the criminal liability of
the accused is upgraded from that of an accessory to that of
a principal
4. Under a new criminal complaint, the charge has been upgraded

Motion to Quash
The motion to quash shall be in writing,
signed by the accused or his counsel and
shall distinctly specify its factual and
legal grounds. The court shall consider no
ground other than those stated in the
motion, except lack of jurisdiction over
the offense charged. ( Sec 2, Rule 117,
Rules of Court)

 Grounds the accused may move to quash the

complaint or information on any of the following
grounds:
That the facts charged do not constitute an offense;
That the court trying the case has no jurisdiction over the
offense charged;
That the Court trying the case has no jurisdiction over the
person of the accused;
That the officer who filed the information had no authority to do
so;
That it does not conform substantially to the prescribed form;
That more than one offense is charged except when single
punishment for various offenses is prescribed by law;
That the criminal action or liability has been extinguished;
That it contains averments which, if true,would constitute a
legal excuse or justification;and
If the accused has been previously convicted or acquitted of the
offense charged, or if the case againts him was dismissed or
otherwise terminated without his expressed consent.

 It is filed At any time before an accused enters his

plea, the accused may move to quash the complaint or
information. (Section 2, Rule 117, Rules of Court)

 AN INFORMATION WAS FILED AGAINST X. X FILED

A MOTION TO QUASH AS THE FACTS IN THE
INFORMATION DIDNT CONSTITUTE AN OFFENSE.
THIS
WAS
FILED
TOGETHER
WITH
AN
APPLICATION FOR BAIL. IS THIS VALID?
> Yes. There is no inconsistency that exists between
an application of an accused for bail and his filing of a
motion to quash.

Sec. 2. Form and contents. The motion to quash

shall be in writing, signed by the accused or his
counsel and shall distinctly specify its factual and
legal grounds. The court shall consider no ground
other than those stated in the motion, except lack
of jurisdiction over the offense charged.

 WHAT IS THE FORM REQUIRED FOR A MOTION TO

QUASH?
1. It must be in writing
2. It must be signed by the accused or his counsel
3. It must specify its factual and legal grounds
CAN THE COURT DISMISS THE CASE BASED ON
GROUNDS THAT ARE NOT ALLEGED IN THE MOTION TO
QUASH?
> The general rule is no, the court cannot consider any
ground other than those stated in the motion to quash.
> The exception is the lack of jurisdiction over the offense
charged. If this is the ground for dismissing the case, it need
not be alleged in the motion to quash since it goes into the
very competence of the court to pass upon the case.

 X FILED A MOTION TO QUASH AN INFORMATION ON

THE GROUND
THAT HE WAS IN THE US WHEN
THE CRIME CHARGED WAS COMMITTED. SHOULD
THE MOTION BE GRANTED?

The motion should be denied

> The accused is already making a defense
> Matters of defense are generally not a
ground for a motion to quash they should be
presented at the trial

>

 WHAT IS MEANT BY THE STATEMENT THAT A

MOTION TO QUASH HYPOTHETICALLY ADMITS
ALLEGATIONS OF FACT IN THE INFORMATION?
> It means that the accused argues that assuming
that the facts charged are true, the information should still
be dismissed based on the ground invoked by the defendant.

> Therefore, since the defendant assumes that the
facts in the information are true, only these facts should be
taken into account and the court resolves the motion to
quash. Other facts, such as matters of defenses, which are
not in the information should not be considered
> The exceptions to the rule are when the grounds
invoked to quash the information are extinction of
criminal liability, prescription, and former jeopardy. In these
cases,
additional
facts
are
allowed.

 CAN THE ACCUSED MOVE TO QUASH ON THE

GROUND THAT HE IS DENIED DUE PROCESS?
> No, denial of due process is not one of the grounds
for a motion to quash

WHAT IS THE TEST TO DETERMINE THE VALIDITY OF A

MOTION TO QUASH ON THE GROUND THAT THE FACTS
AVERRED IN THE INFORMATION DONT AMOUNT TO AN
OFFENSE?

> The test is whether the facts alleged would establish

the essential elements of the crime as defined by law, and
in this examination, matters aliunde are not considered

 X FILED A MOTION TO QUASH ON THE FOLLOWING

GROUNDS: THAT THE COURT LACKED JURISDICTION OVER
THE PERSON OF THE ACCUSED AND THAT THE COMPLAINT
CHARGED MORE THAN ONE OFFENSE. CAN THE COURT
GRANT THE MOTION ON THE GROUND OF LACK OF
JURISDICTION?

> In the past, the answer would have been no since the SC
ruled in several cases then that the motion to quash on the
ground of lack of jurisdiction over the person of the accused
must
be
based
only
on this ground. If other grounds are included, there is
waiver, and the accused is deemed to have submitted
himself
to
the
jurisdiction
of
the
court.
> The new rule, based on the decisions of the SC on Section
20 of Rule 14 of the 1997 Rules of Civil Procedure, the inclusion
of other grounds aside from lack of jurisdiction over the
person
of
the
defendant in a motion to dismiss shall not be considered
as
a
voluntary
appearance.

 WHAT IS THE EFFECT OF AN INFORMATION THAT WAS

SIGNED BY AN UNAUTHORIZED PERSON?
> A valid information must be signed by a competent
officer, which, among other requisites, confers jurisdiction
over the person of the accused and the subject matter of the
accusation
> Thus, an infirmity in the information such as the lack of
authority of the officer signing it cannot be cured by silence,
acquiescence, express consent, or even amendment.
It is an invalid information and cannot be the basis
of criminal proceedings.
> A motion to quash would prosper

 WHAT HAPPENS IF THE DEFENDANT

ENTERS HIS PLEA BEFORE FILING A MOTION
TO QUASH?
By entering his plea before filing the motion to
quash, the defendant waives the formal objectives to
the complaint or information

But if the ground for the motion is any of

the following below, there is no waiver. The
following grounds may be raised at any stage of
the proceeding:
1. Failure to charge an offense
2. Lack of jurisdiction over the offense
3. Extinction of criminal liability
4. Double jeopardy
Note: if it is a formal objection, it is deemed
waived upon plea

Speedy Trial Act of 1998 (RA

8494)
The Speedy Trial Act provides that in criminal cases, the
judge, after consultation with the public prosecutor and
the counsel of the accused, shall set for a continuous
trial on a weekly or other short-term trial calendar at
the earliest possible time so as to ensure speedy trial.
In no case shall the entire trial period exceed one
hundred eighty (180) days from the first day of trial,
except as otherwise authorized by the Chief Justice of
the Supreme Court pursuant to Section 3, Rule 22 of
the Rules of Court.

Filed by the persons charged of a crime, except those

subject to the Rules on Summary Procedure, or where
the penalty prescribed by law does not exceed six (6)
months imprisonment, or a fine of Php1,000.00 or both,
irrespective of other imposable penalties and when the
accused is not brought to trial within the time limit
required by Speedy Trial Act of 1998

 HOW SHOULD THE TRIAL BE CONDUCTED?

> The trial should be speedy, public and impartial

WHAT IS THE MEANING OF THE RIGHT TO SPEEDY

TRIAL?
>The right means that the trial should be conducted
according to the law of criminal procedure and the rules
and regulations and it should be free from vexatious,
capricious and oppressive delays

 WHEN SHOULD THE ARRAIGNMENT AND PRE-TRIAL

BE HELD?
> According to the Speedy Trial Act of 1988, and Circular
38-98, if the accused pleads not guilty, arraignment and
pre-trial should be held within 30 days from the time the
court acquires jurisdiction
over the accused

WITHIN HOW MANY DAYS SHOULD THE TRIAL BE

COMPLETED?
> In no case shall the entire period exceed 180 days from
the first day of trial, except as otherwise authorized by
the Court Administrator

 WHAT FACTORS MAY BE CONSIDERED IN

DETERMINING WHETHER THE ACCUSED HAS
BEEN DEPRIVED OF HIS RIGHT TO SPEEDY
TRIAL AND SPEEDY DISPOSITION OF HIS
CASE?
(ACCORDING
TO
CORPUZ
V.
SANDIGANBAYAN)
1.
2.
3.
4.

Length of delay
Reason for the delay
The defendants assertion of his right
Prejudice to the defendant

 WHAT ARE THE REMEDIES AVAILABLE TO

THE
ACCUSED WHOSE RIGHT TO SPEEDY TRIAL HAS
BEEN VIOLATED?
1. Motion to dismiss on the ground of violation
of right to speedy trial must be filed before trial.
This has the same effect as an acquittal for
purposes of double jeopardy.
2. File for mandamus to compel a dismissal of the
information
3. If he is restrained of his liberty, file for habeas
corpus
4. Ask for the trial of the case and move to dismiss

 WHAT IS THE LIMITATION ON THE RIGHT OF THE

ACCUSED TO A SPEEDY TRIAL?
> The limitation is that the State shouldn't be deprived of its
day
in
court
> The right of the State and the prosecution to due process
should
be
respected

THE PROSECUTION AND THE COMPLAINANT FAIL TO

ATTEND THE FIRST HEARING. THE COURT POSTPONES
THE HEARING TO ANOTHER DATE. IS THERE A VIOLATION TO
THE RIGHT TO SPEEDY TRIAL?

> No, the right to speedy trial is violated when there

are unjustified postponements of the trial and a long
period of time is allowed to elapse without the case
being
tried
for
no
unjustifiable
reason

Demurrer to evidence
An allegation by the defendant admitting the matters of
facts alledged by the complainant to be true although
they are insufficient for the case to proceed.
If the court denies the demurrer to evidence filed with
leave of court, the accused may adduce evidence in his
defense.When the demurrer to evidence is filed without
leave of court, the accused waives the right to present
evidence and submits the case for judgement on the basis
of the evidence for the prosecution. (Sec 23, Rule 119)

 Filed after the prosecution rests its case,

The motion for leave of court to file demurrer to evidence
shall specifically state its ground and shall be filed within a
non-extendible period of five (5) days after the prosecution
rests its case. The prosecution may oppose the motion within
a non-extendible period of five days from receipt. (Section 23,
Rule 119, Rules of Court)
If the leave of court is granted, the accused shall file the
demurrer to evidence within a non-extendible period of ten
(10) days from notice. The prosecution may oppose the
demurrer to evidence within a similar period from its receipt.
(Section 23, Rule 119, Rules of Court)

AFTER THE PROSECUTION RESTS

ITS CASE, WHAT ARE THE OPTIONS
OF THE ACCUSED?
THE ACCUSED MAY DO THE FOLLOWING:
1. File a demurrer to evidence with leave or without
leave of court
2. Adduce his evidence unless he waives the same

WHAT IS A DEMURRER TO
EVIDENCE?
It is a motion to dismiss the case filed by the defense
after the prosecution rests on the ground of insufficiency
of the evidence of the prosecution
It has been said that a motion to dismiss under the Rules
of Court takes place of a demurrer, which pleading raised
questions of law as to sufficiency of the pleading apparent
on the face thereof
In the same manner as a demurrer, a motion to dismiss
presents squarely before the court a question as to the
sufficiency of the facts alleged therein to constitute a
cause
of
action

 WHAT ARE THE WAYS BY WHICH A CASE

MAY BE DISMISSED ON THE BASIS OF
INSUFFICIENCY
OF
EVIDENCE
OF
THE
PROSECUTION?

1. The court may dismiss the case on its own initiative

after giving the prosecution the right to be heard
2. Upon demurrer to evidence filed by the accused with
or without leave of court

 THE PROSECUTION RESTS ITS CASE. THE COURT

THINKS THAT THERE IS INSUFFICIENCY OF EVIDENCE
PRESENTED. WHAT DOES IT NEED TO DO IN CASE IT
WISHES TO DISMISS THE CASE?

The court may dismiss the case on its own initiative

after giving the prosecution the right to be heard

WHAT DOES IT MEAN WHEN THE PROSECUTION

WOULD BE GIVEN THE RIGHT TO BE HEARD
BEFORE THE COURT DISMISSES THE CASE?
The prosecution is given the chance to explain
itself of circumstances that may have lead to its failure
to adduce enough evidence to support its case

 HOW DO YOU FILE A DEMURRER TO EVIDENCE?

Within 5 days after the prosecution rests, the accused should
file a motion for leave of court to file a demurrer to evidence,
stating in such motion his grounds for such
The prosecution shall have 5 days within which to
oppose the motion
If the motion is granted, the accused shall file the
demurrer to evidence within 10 days from notice of grant of leave
of court
The prosecution may oppose the demurrer to evidence within
10 days from its receipt of the demurrer

WHAT IS THE EFFECT OF FILING THE DEMURRER TO

EVIDENCE WITH LEAVE OF COURT?
The effect of its filing is that if the court grants the demurrer,
the case will be dismissed
If the court denies the demurrer to evidence filed with
leave of court, the accused may still adduce evidence on his behalf

 WHAT IS THE EFFECT OF FILING THE

DEMURRER TO EVIDENCE WITHOUT LEAVE OF
COURT?
If the court denies the demurrer to evidence which
was filed without leave of court, the accused is deemed
to have waived his right to present evidence and
submits the case for judgment on basis of the evidence
of the prosecution
This is because demurrer to evidence is not a matter of
right but is discretionary on the court
Permission of the court has to be obtained before it
is filed, otherwise the accused loses certain rights

 THE ACCUSED FILED A DEMURRER OF EVIDENCE WITHOUT

LEAVE OF COURT. THE DEMURRER OF EVIDENCE IS DENIED. IS
THERE ABSOLUTE WAIVER OF PRESENTATION OF EVIDENCE BY
THE COURT?

No
The general rule is that filing of a demurrer of
evidence without leave of court, which is subsequently
denied, is a waiver of presentation of evidence
Nonetheless, if the demurrer of evidence is filed before
the prosecution rests its case, there would be no waiver
to present evidence. As the prosecution hasnt finished
presenting
its
evidence, there is still insufficiency of evidence.

 WHAT IS THE EFFECT IF THE DEMURRER IS

GRANTED AND THE ACCUSED IS
ACQUITTED?
The accused has the right to adduce evidence on
the civil aspect of the case unless the court
declares that the act or omission from which the
civil liability may arise did not exist.
If the trial court issues an order or renders
judgment not only granting the demurrer to
evidence of the accused and acquitting him but
also on the civil liability of the accused to
the private offended party, said judgment on its
civil case would be a nullity for violation of the
rights of the accused to due process.

 WHAT IS THE REMEDY OF THE ACCUSED IF THE

DEMURRER TO EVIDENCE IS DENIED?

As a general rule, there can be no appeal or

certiorari on the
denial of the demurrer to
evidence, since it is an interlocutory order
which doesnt pass judgment on the merits of the
case
In such instance, the accused has the right to
adduce evidence on his behalf not only on the
criminal aspect but also on the civil aspect of
the case

Good Conduct Time

Allowance (GCTA)
The good conduct of any prisoner in any
penal institution shall entitle him to the
following deductions from the period of his
sentence:

Firsttwo years: 5 days for each month of good behavior

3rd to 5th year: 8 days for each month of good behavior
6th to 10th year: 10 days for each month of good behavior
11th year and successive years: 15 days for each month of good
behavior (Art 97, Revised Penal Code)

Once GCTA is granted, it shall not be

revoked

 File application for grant of GCTA to the

date as close as possible to the expected
date of expiration of sentence when GCTA
is fully credited.
To the Director of Bureau of Corrections
(BuCor) through recommendation of the
Chief, BJMP

Transfer to Other Facility

The trial judge shall issue the corresponding
mittimuses of the national prisoners immediately after
conviction so that they may be remmitted or transfered
to the BuCor.
National/ Insular inmates (sentenced to imprisonment
of three (3) years and one (1) day and above)

 CIRCULAR
NO.
4-92-A.
CIRCULAR
NO.
4-92-A
[Amending Circular No. 4-92] TO: ALL JUDGES OF THE
REGIONAL TRIAL COURTS, SHARIA DISTRICT COURTS,
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL
COURTS IN CITIES, MUNICIPAL TRIAL COURTS,
MUNICIPAL CIRCUIT TRIAL COURTS AND SHARIA
CIRCUIT TRIAL COURTS
SUBJECT: TRANSFER OF NATIONAL PRISONERS TO THE
BUREAU OF CORRECTIONS IN MUNTINLUPA, METRO
MANILA.
It has come to the attention of the Supreme Court that some
judges refuse to issue mittimuses for the transfer of prisoners
sentenced to imprisonment for more than three [3] years to
the Bureau of Corrections in Muntinlupa, Metro Manila, for the
reason that their cases are on appeal.
For this purpose, prisoners detained at provincial and
municipal jails and sentenced by lower courts to prison terms
exceeding three [3] years, whether or not they have
appealed, are considered national prisoners.

 [P. D. 29]. (Note: Under Presidential Decree

No. 29, prisoners sentenced to not more than
one [1] year are classified as municipal
prisoners; those sentenced to one [1] year and
one [1] day to not more than three [3] years
are classified as city/provincial prisoners;
those sentenced for three [3] years and one
[1] day and above are classified as national
prisoners).
In order to decongest provincial, city and municipal
jails and to effect better control and supervision over
national prisoners, all trial judges concerned are
hereby directed to issue the corresponding
mittimuses or commitment orders of national
prisoners immediately after their conviction so that
they may be remitted or transferred to the Bureau of
Corrections in Muntinlupa, Metro Manila.

RA 9344
Juvenile Justice and Welfare Act

Minority
Under the RPC if he is under 9 he is
exempt. But under the virtue of RA 9344
under 9 or over 9 but under 15 is exempt
from criminal liability.
15 or under at the time of the
commission of the offenses shall be
exempt from liability but the child shall
be subjected to an intervention program.

What about 15 but below 18?

(16-18 yrs old)
Exempt but the child shall be subjected to an
intervention program in accordance with the particular
act unless he acted with discernment in which case, he
shall be subjected to the appropriate proceeding in
accordance with law.
the exemption from criminal liability under RA 9344
shall not include exemption from civil liability which
shall be enforced in accordance with law.

 REPUBLIC ACT NO. 10159, April

10,
2012]
AN ACT AMENDING ARTICLE 39
OF ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE
REVISED PENAL CODE

 SECTION 1. Article 39 of Act No. 3815, as amended, is

hereby further amended to read as follows:
Art. 39. Subsidiary Penalty. If the convict has no
property with which to meet the fine mentioned in
paragraph 3 of the next preceding article, he shall be
subject to a subsidiary personal liability at the rate of one
day for each amount equivalent to the highest minimum
wage rate prevailing in the Philippines at the time of the
rendition of judgment of conviction by the trial court,
subject to the following rules:
1. If the principal penalty imposed be prision correctional
or arresto and fine, he shall remain under confinement
until his fine referred in the preceding paragraph is
satisfied, but his subsidiary imprisonment shall not exceed
one-third of the term of the sentence, and in no case shall
it continue for more than one year, and no fraction or part
of a day shall be counted against the prisoner.

 2. When the principal penalty imposed be only a fine,

the subsidiary imprisonment shall not exceed six months,
if the culprit shall have been prosecuted for a grave or
less grave felony, and shall not exceed fifteen days, if for
a light felony.
3. When the principal penalty imposed is higher than
prision correctional, no subsidiary imprisonment shall be
imposed upon the culprit.
4. If the principal penalty imposed is not to be executed
by confinement in a penal institution, but such penalty is
of fixed duration, the convict, during the period of time
established in the preceding rules, shall continue to
suffer the same deprivations as those of which the
principal penalty consists.
5. The subsidiary personal liability which the convict
may have suffered by reason of his insolvency shall not
relieve him from the fine in case his financial
circumstances should improve.