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.
The offender under custody can be released to a
responsible person in the community as
provided for in Republic Act 6036
 Any provision of existing law to the contrary notwithstanding, bail shall not be required of a
person charged with violation of a municipal or city ordinance, a light felony and/or a criminal
offense the prescribed penalty for which is not higher than six months imprisonment and/or
a fine of two thousand pesos, or both, where said person has established to the satisfaction
of the court or any other appropriate authority hearing his case that he is unable to post the
required cash or bail bond, except in the following cases:
 (a) When he is caught committing the offense in flagranti;
 (b) When he confesses to the commission of the offense unless the confession is later
repudiated by him in a sworn statement or in open court as having been extracted through
force or intimidation;
 (c) When he is found to have previously escaped from legal confinement, evaded sentence,
or jumped bail;
 (d) When he is found to have previously violated the provisions of Section 2 hereof;
 (e) When he is found to be a recidivist or a habitual delinquent or has been previously
convicted for an offense to which the law or ordinance attaches an equal or greater penalty
or for two or more offenses to which it attaches a lighter penalty;
 (f) When he commits the offense while on parole or under conditional pardon; and
 (g) When the accused has previously been pardoned by the municipal or city mayor for
violation of municipal or city ordinance for at least two times.
 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.
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
 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. 29 Period 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.
 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;
 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.
 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.
 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.
 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.
 (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.
 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.
 Bail is the security
given for the release of
a person in custody of
the law, furnished by
•Kinds of bail
him or a bondsman,to
guarantee his Cash Bond
appearance before any Surety Bond
court as required under •Property Bond
the conditions •Release on
recognizance
provided by the law.
 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
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.
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 d’etat.
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)
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.
 1. Transmittal of carpeta and prison record- the director or warden
concerned shall send a prisoner’s 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.
 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 prisoner’s 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 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 limitations on Executive Clemency :

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.
 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. For commutation of sentence, the inmate should have served:
1. At least 1/3 of the definite or aggregate prison terms
2. At least ½ of the minimum of the indeterminate or aggregate
minimum of indeterminate prison terms
3. 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
4. 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
5. 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.
6. 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 ½ 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.
 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.
 A case shall 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 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 doesn’t amount to express consent.
 1. The prosecution, with the express conformity of the accused or the
latter’s 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 offense’s 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
 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 DIDN’T 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 disti
nctly
specify its factual and legal grounds. The court shall consid
er 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 WA
S 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 DON’T 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 THA
N 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 followi

ng 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
 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 conduct
ed 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 RIG
HT TO SPEEDY TRIAL AND SPEEDY DISPOSITION
OF HIS CASE? (ACCORDING TO CORPUZ V.
SANDIGANBAYAN)

 1. Length of delay
2. Reason for the delay
3. The defendant’s assertion of his right
4. 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
 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)
 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
 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 whic

h 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 hasn’t 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 th
e 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 inter
locutory order which doesn’t 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
 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
 Application for grant of GCTA shall be submitted
to the Director of Bureau of Corrections through
the Chief, BJMP with the original or certified true
copy of the following supporting documents:
Information;
Decision;
Certificate of Good Conduct while under
Detention;
Commitment Order/Mittimus;
 Certificate of Pending/Non-pending case;
Certificate of Detention;
Certificate of Non-Appeal; and
Detainee’s Manifestation.


 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, SHARI’A DISTRICT COURTS, METROPOLITAN TRIAL
COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL
TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS AND
SHARI’A 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.
Juvenile Justice and Welfare Act
 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.
 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.”