Remedial Law) Crim Pro) Memory Aid) Made 2002) by Ateneo) 51 Pages

REMEDIAL LAW (CRIMINAL PROCEDURE) REVIEWER
PRELIMINARIES 1. Jurisdiction is determined b t!e e"tent o# t!e $en%&t '!ic! t!e &%' im$oses( on t!e b%sis o# t!e #%cts %s recited in t!e com$&%int or in#orm%tion constituti)e o# t!e o##ense c!%r*ed. Not determined by: what may be meted out to the offender after trial the result of the evidence that would be presented during the trial Jurisdiction is retained regardless of: whether the evidence proves a lesser offense than that charged in the information, the subsequent happening of events, although of a character which would have prevented jurisdiction from attaching in the first instance.
2. +ener%& Ru&e: Jurisdiction of a court to try criminal action is to be determined by the law at the time of the institution of the action. Exception, where the statute expressly provides, or is construed that it is intended to operate to actions pending before its enactment, in which case, the court where the criminal action is pending is ousted of jurisdiction and the pending action will have to be transferred to the other tribunal which will continue the proceeding.
. Venue is -urisdiction%&. Thus, !ction must be instituted and tried in the municipality or territory where the offense has been committed or where any one of the essential ingredients thereof too" place. #. +ener%& Ru&e: the question of jurisdiction may be raised at any stage of the proceedings. Exception, may not be raised for the first time on appeal, where there has been estoppel and laches on the party who raises the question.
RULE //0 PROSECU1ION O2 O22ENSES

Institution o# Crimin%& Actions 1. 2or o##enses '!ic! re3uire $re&imin%r in)esti*%tion: $y filing the complaint with the proper officer for preliminary investigation. %efers to a complaint&affidavit, and is different from the complaint defined in 'ection of %ule 11(. )hese offenses are those where the penalty prescribed by law is at least # years, 2 months and 1 day of imprisonment without regard to the fine.
2. 2or %&& ot!er o##enses( or #or o##enses '!ic! %re $en%&i4ed b &%' 'it! &o'er t!%n %t &e%st 5 e%rs( 6 mont!s %nd / d% 'it!out re*%rd to t!e #ine: *nstituted directly with the +), and +,),, or the complaint is filed with the -ffice of the .rosecutor. *n +anila and other chartered cities, the complaint shall be filed with the -ffice of the .rosecutor unless otherwise provided in their charters.
. Take Note, ! complaint for offenses cogni/able by the %), is 0-) filed directly with the %), either for purposes of preliminary investigation or for commencement of the criminal prosecution. #. 1!e institution o# t!e crimin%& %ction interru$ts t!e runnin* o# t!e $eriod o# $rescri$tion o# t!e o##ense c!%r*ed Unless, otherwise provided in special laws. Act No. 7767 governs the prescriptive periods of violations of special laws, or offenses other than those penali/ed under the %evised .enal ,ode. in)esti*%tion st%rts t!e
1. 1!e #i&in* o# % com$&%int #or $ur$oses o# $re&imin%r $rosecution $rocess. 1!e com$&%int or in#orm%tion
1. Re3uisites: in writing in the name of the .eople of the .hilippines !gainst all persons who appear to be responsible for the offense involved. 2. W!o is t!e re%& o##ended $%rt 8 )he .eople of the .hilippines, but since the crime is also an outrage against the offended party, he is entitled to intervene in its prosecution in cases where the civil action is impliedly instituted therein. Com$&%int 1. De#inition: ! complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated. 2. )he complaint as defined under 'ection .rosecutor2s -ffice. is different from the complaint filed with the
. 1!e com$&%int #i&ed 'it! t!e Prosecutor9s O##ice( #rom '!ic! t!e &%tter m% initi%te % $re&imin%r in)esti*%tion( re#ers to, any written complaint filed by an offended party or not not necessarily under oath, except in 2 instances: complaint for commission of an offense which cannot be prosecuted de officio or is private in nature where the law requires that it is to be started by a complaint sworn to by the offended party, or when it pertains to those which need to be enforced by specified public officers. #. 3nder the Ru&e on Summ%r Procedure, a complaint may be directly filed in the +),, provided that in +etro +anila and in chartered cities, the criminal action may only be commenced by the filing of information, which means by the prosecutor, except when the offense cannot be prosecuted de officio as in private crimes. In#orm%tion 1. De#inition: !n accusation in writing a person with an offense, subscribed by the prosecutor and filed with the court. 2. :o' is %n In#orm%tion di##erent #rom % Com$&%int8 3nli"e a complaint, which requires that it be under oath and is filed either in the +), or with the provincial4city prosecutor2s office, the information does not have to be under oath and is always filed in
court. !ll that is required is that it be subscribed or signed by the fiscal or prosecutor, which is an indispensable requirement. W!o must $rosecute crimin%& %ctions 1. M% % crimin%& $rosecution be restr%ined b in-unction8 +ener%& Ru&e, 0o. Reason, .ublic interest requires that criminal acts be immediately investigated and prosecuted for the protection of society. Exceptions, where injunction is justified by the necessity to afford protection to the constitutional rights of the accused when necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions when there is a prejudicial question which is sub judice when the acts of the officer are without or in excess of authority where the prosecution is under an invalid law, ordinance or regulation when double jeopardy is clearly apparent where the court has no jurisdiction over the offense where it is a case of persecution rather than prosecution where the charges are manifestly false and motivated by the lust for vengeance when there is clearly no prima facie case against the accused and the motion to quash on that ground has been denied preliminary injunction has been issued by the 'upreme ,ourt to prevent the threatened unlawful arrest of petitioners. 2. Prior to the filing of the information in court , the prosecutor has #u&& contro& of the case. 5e decides who should be charged in court and who should be excluded from the information. However, His decision on the matter is subject to review by: the 'ecretary of Justice who exercises supervision and control over his actions and who may sustain, modify or set aside his resolution on the matter in appropriate cases, by the courts when he acts with grave abuse of discretion amounting to lac" of jurisdiction.
. Pri)%te Prosecutor P%rtici$%tion: May a public prosecutor allow a private prosecutor to actively handle the conduct of the trial? 6es, where the civil action arising from the crime is deemed instituted in the criminal action. .ublic .rosecutor must be present during the proceedings and must ta"e over the conduct of the trial from the private prosecutor at any time the cause of the prosecution may be adversely affected.
Thus( where the prosecutor has turned over the active conduct of the trial to the private prosecutor who presented testimonial evidence even when the public prosecutor was absent during the trial, the evidence presented could not be considered valid evidence of the .eople. However, this rule applies only to courts which are provided by law with prosecutors, and not to municipal courts which have no trial prosecutors, in which case the evidence presented by the private prosecutor can be considered as evidence for the .eople. 7However, under an amendment made by the SC effective May , !""!, %ule 11( 'ection 1 now provides that #$ll criminal actions either commenced by complaint or by information shall be prosecuted under the direction and control of a public prosecutor% &n case of heavy wor' schedule of the public prosecutor or in the event of lac' of public prosecutors, the private prosecutor may be authori(ed in writing by the Chief of the Prosecution )ffice or the *egional State Prosecutor to prosecute the case subject to the approval of the court% )nce so authori(ed to prosecute the criminal action, the private prosecutor shall continue to prosecute the case up to the end even in the absence of a public prosecutor, unless the authority is revo'ed or otherwise withdrawn%+ #. +ener%& Ru&e: *n appeals, the 'ol. 8en. has control. 5e may abandon or discontinue the prosecution of the case in the exercise of his sound discretion and may even recommend the acquittal of an accused when he believes that the evidence does not warrant his conviction. Exception, provided for in %! 92#: which states in part that ;in all cases elevated to the 'andiganbayan and from the '$ to the ',, the -ffice of the -mbudsman, through its special prosecutor, shall represent the .eople of the .hilippines, except in cases filed pursuant to <- 0os. 1, 2, 1# and 1#&!, issued in 1:9=.>
1. ,hen it is said that the re-uirement of Art. 344 of RPC is jurisdictional, what is meant is that it is the complaint that starts the prosecutory proceeding. *t is not the complaint which confers jurisdiction on the court to try the case. =. Once t!e com$&%int is #i&ed( does de%t! o# t!e com$&%in%nt in % crime o# %du&ter e"tin*uis! t!e crimin%& &i%bi&it o# t!e %ccused8 0o. )he participation of the offended party in private crimes is essential not for the maintenance of the criminal action but solely for the initiation thereof. !ny pardon given by the complainant or her death after the filing of the complaint would not deprive the court of the jurisdiction to try the case. ?. 1!e desist%nce o# com$&%in%nt: @oes not bar the .eople from prosecuting the criminal action ut, it does operate as a waiver of the right to pursue civil indemnity.
Su##icienc o# com$&%int or in#orm%tion 1% $ complaint is sufficient if it states: the name of the accused the designation of the offense by a statute the acts or omission complained of as constituting the offense the name of the offended party the approximate time of the commission of the offense the place where the offense was committed. 2. Pur$ose: to safeguard the constitutional right of an accused to be informed of the nature and cause of the accusation against him.
N%me o# t!e %ccused 1. *f name is ;no'n: the name and surname of the accused or any appellation or nic"name by which he has been or is "nown. 2. *f name c%nnot be %scert%ined: a fictitious name with a statement that his true name is un"nown. *f true name thereafter disclosed: such true name shall be inserted in the complaint or information and record. . Ahile one or more persons, along with specified and named accused, may be sued as ;John @oes,> an information against all accused described as ;John @oes> is void, and an arrest warrant against them is also void. Desi*n%tion o# t!e o##ense 1. *n case of a conflict between the designation of the crime and the recital of facts constituting the offense, the latter prevails over the former% 2. )he real question is not, did he commit a crime given in the law some technical and specific name, but did he perform the acts alleged in the body of the information. *f he did, it is of no consequence to him, either as a matter of procedure or of substantive right, how the law denominates the crime. C%use o# %ccus%tion 1. !f one or "ore ele"ents of the offense have not #een alle$e% in the infor"ation , the accused cannot be convicted of the offense charged, even if the missing elements have been proved during the trial. <ven the accused2s entering a plea of guilty to such defective information will not cure the defect, nor justify his conviction of the offense charged. 2. Im$ort%nt: )he new rule requires that the qualifying and aggravating circumstances be alleged in the information. . ,here the law alleged to have been violated: prohibits generally acts therein defined is intended to apply to all persons indiscriminately, but prescribes certain limitations or exceptions from its violation the information is sufficient if it alleges facts which the offender did as constituting a violation of law, without e.plicitly negating the e.ception, as the e.ception is a matter of defense which the accused has to prove% #. ,here the law alleged to have been violated/ applies only to specific classes of persons and special conditions the exemptions from its violation are so incorporated in the language defining the crime that the ingredients of the offense cannot be accurately and clearly set forth if the exemption is omitted, the information must show that the accused does not fall within the e.emptions% 1. Ahere what is alleged in the information is a com$&e" crime and the evidence fails to support the charge as to one of the component offenses, the defendant can only be convicted of the offense proven. P&%ce o# commission o# t!e o##ense
M% con)iction be !%d e)en i# it %$$e%rs t!%t t!e crime '%s committed not %t t!e $&%ce %&&e*ed in t!e in#orm%tion8 6es, provided the place of actual commission was within the jurisdiction of the court. Unless, the particular place of commission is an essential element of the offense charged. D%te o# t!e commission o# t!e o##ense W!%t is t!e determin%ti)e #%ctor in t!e reso&ution o# t!e 3uestion in)o&)in* % )%ri%nce bet'een t!e %&&e*%tion %nd $roo# in res$ect o# t!e d%te o# t!e crime8 )he element of surprise on the part of the accused and his inability to defend himself properly. N%me o# t!e o##ended $%rt )o constitute larceny, robbery, embe//lement, obtaining money by false pretenses, malicious mischief, etc., the property obtained must be that of another person, and indictment for such offense must n%me t!e o'ner and a variance in this respect between the indictment and the proof will be fatal. Du$&icit o# t!e o##ense 1. W%i)er: Ahen the accused fails, before arraignment, to move for the quashal of the information which charges 2 or more offenses, he thereby waives the objection and may be found guilty of as many offenses as those charged and proved during the trial. 2. ,here the law with respect to an offense may be committed in any of the different modes provided by law, the indictment in the information is sufficient if the offense is alleged to have been committed in one, two or more modes specified therein. )he various ways of committing the offense should be considered as a description of only one offense and the information cannot be dismissed on the ground of multifariousness. . Exceptions to the rule on %uplicit&: continuous crimes and complex crimes Amendment or substitution 1. 0efore the accused enters his plea, the prosecutor may: upgrade the offense allege qualifying and aggravating circumstances or change the offense charged without leave of court, provided there is evidence thereon which has been presented during the preliminary investigation% 2. However, prosecutor cannot: downgrade the offense charged exclude from the information a co&accused without filing a motion to that effect, with notice to the offended party, and subject to the approval of the court% 1he court shall state the reasons in resolving the motion and copies thereof furnished all parties, especially the offended party% . )echnically, paragraph ! of Section 2 does not refer to amendment, but to substitution of the complaint or information by a new one . *f the substitution is made before the accused enters his plea, the question of double jeopardy does not arise. *f the filing of new information is done after the plea and before judgment on the ground that there has been a mista"e in charging the proper offense, the filing thereof may only be allowed if it will not place the accused twice in jeopardy.
#. Test as to whether a defendant is prejudiced by an amendment: whether a defense under the information as it originally stood would be available after the amendment is made, and whether any evidence defendant might have would be equally applicable to the information in the new form as in the other.
1. +ener%& Ru&e: after arraignment, the prosecutor may no longer amend the information which changes the nature of the crime, as it will prejudice the substantial rights of the accused. Exception, when a fact supervenes which changes the nature of the crime charged in the information or upgrades it to a higher crime, the prosecutor, with leave of court, may amend the information to allege such supervening fact and upgrade the crime charged to the higher crime brought about by such supervening fact. However, if the supervening event which changes the nature of the crime to a more serious one occurred after the accused has been convicted, which ma"es the amendment of the information no longer the remedy of the prosecution, the prosecution can and should charge the accused for such more serious crime, without placing the accused in double jeopardy, there being no identity of the offense charged in the first information and in the second one.
=. 'ection 1# applies only to ori*in%& c%se and not to appealed case. P&%ce '!ere %ction is to be instituted 1. 'enue in cri"inal case is (uris%ictional, being an essential element of jurisdiction. 2. +ener%& Ru&e: .enal laws are territorialB hence .hilippine courts have no jurisdiction over crimes committed outside the .hilippines. Exceptions, those provided in !rticle 2 of the %evised .enal ,ode. )hose who commit any of the crimes contemplated therein can be tried by .hilippine courts.
Inter)ention o# t!e o##ended $%rt in crimin%& %ction 1. ,here the offended party withdrew a reservation to file a separate civil action , the private prosecutor may still intervene in the prosecution of the criminal case, by conducting the examination of witnesses under the control of the prosecutor. However: once the offended party has filed a separate civil action arising from the crime, he may not withdraw such civil case in order to intervene in the criminal prosecution. 5e loses the right to intervene. 5e no longer has any standing in the criminal case, except to be a prosecution witness.
2. W!ere % crimin%& %ction !%s been $ro)ision%&& dismissed u$on motion o# t!e $rosecutor( c%n t!e c%se be re)i)ed u$on motion o# t!e o##ended $%rt 8 0o, because the offended party or complaining witness cannot act for the prosecutor.
RULE /// PROSECU1ION O2 CIVIL AC1ION

Institution o# crimin%& %nd ci)i& %ctions 1. +ener%& Ru&e: the institution or filing of the criminal action includes the institution therein of the civil action for recovery of civil liability arising from the offense charged.
Except in the followin$ instances)
the offended party waives the civil actionB he reserves his right to institute the civil action separatelyB or he institutes the civil action prior to the criminal action. 2. )he employer may not be held civilly liable for quasi&delict in the criminal action as ruled in +aniago v. ,ourt of !ppeals since quasi&delict is not deemed instituted with the criminal. *f at all, the only civil liability of the employer in the criminal action would be his subsidiary liability under the %evised .enal ,ode. . 1'o inst%nces '!ere no reser)%tion s!%&& be %&&o'ed, a criminal action for violation of 0P !! unless a separate civil action has been filed before the institution of the criminal action, no such civil action can be instituted after the criminal action has been filed as the same has been included therein. $ claim arising from an offense which is cogni(able by the Sandiganbayan% a civil action filed prior to the criminal action has to be transferred to the subsequently filed criminal action for joint hearing C'ec. # of .@1=(= as amended by %! 92#:D
#. W!en t!e reser)%tion o# t!e ri*!t to institute t!e se$%r%te ci)i& %ctions s!%&& be m%de, before the prosecution starts to present its evidence and under circumstances affording the offended party a reasonable opportunity to ma"e such a reservation. 1. 1he rule re-uiring reservation to file a separate civil action does not apply to civil actions which can be filed and prosecuted independently of the criminal action , namely, those provided in !rts. 2, , # and 21?= of the ,ivil ,ode. =. !lthough the criminal and civil actions may be joined in the criminal case, they are distinct from each other. )he plaintiffs in the two actions are different. 1hus: even if the accused started serving his sentence within the 11&day period from the promulgation of the judgment of conviction by the lower court, thereby ma"ing the judgment against him final, the complainant may, within the 11&day reglementary period, still as" that the civil liability be fixed by the court, if the judgment does not adjudicate any civil liability, as the judgment regarding civil liability has not become final and the court still has jurisdiction to adjudge the civil liability.
?. Ru&es on 2i&in* 2ees: No filing fees are required for amounts of actual damages. Exception, criminal action for violation of $. 22 which is deemed to include the corresponding civil action. )he offended party shall, upon the filing of the criminal and civil actions, pay in full the filing fees based on the face value of the chec" as the actual damages. Purpose of 3.ception: to prevent the offended party from using the prosecutor2s office and the court as vehicles for recovery of the face value of the chec", without paying the corresponding filing fees therefor. With respect to damages other than actual, if these damages are specified in the complaint or information, the corresponding filing fees should be paid, otherwise, the trial court will not acquire jurisdiction over such other damages. Where moral, exemplary and other damages are not specified in the complaint or information, the grant and amount thereof are left to the sound discretion of the
trial court, the corresponding filing fees need not be paid and shall simply constitute a first lien on the judgment. 9. *n an %$$e%& o# % crimin%& c%se: )he appellate court may impose additional damages or increase or decrease the amounts of damages upon the accused&appellant. However, additional penalties cannot be imposed upon a co&accused who did not appeal, but modifications of the judgment beneficial to him are considered in his favor. :. 1he offended party in a criminal case may appeal the civil aspect despite the ac-uittal of the accused. ,here the trial court convicted the accused, but dismissed the civil action instituted therein, the offended party may appeal the dismissal to the ,!. 1(. Com$romise on ci)i& %s$ect, 1he offended party may compromise the civil aspect of a crime , provided that it must be entered before or during the litigation, and not after final judgment. ! compromise on the civil aspect is valid even if it turns out to be unsatisfactory either to one or both of the parties. 11. Im$ort%nt<, 'ection 1, %ule 111 now expressly provides that no counterclaim, cross4claim or third4party complaint may be filed by the accused in the criminal case, but any cause of action which could have been subject thereof may be litigated in a separate civil action% %easons: the counterclaim of the accused will unnecessarily complicate and confuse the criminal proceedingsB the trial court should confine itself to the criminal aspect and the possible civil liability of the accused arising out of the crime. W!en se$%r%te ci)i& %ction is sus$ended 1a'e 5ote: !rticle 2: of the ,ivil ,ode merely emphasi/es that a civil action for damages is not precluded by the acquittal of an accused for the same criminal act or omission. *t does not state that the remedy can be availed of only in a separate civil action. W!en ci)i& %ction m% $roceed inde$endent& 1. Prior reservation is not necessary to file separate civil action under $rts% 6!, 66, 62 and ! 78 of the Civil Code% )he phrase ;which has been reserved> that has caused conflicting rulings in the past has now been deleted. 2. $ctions based on -uasi4delict may be filed independently of the criminal action regardless of the result of the criminal action, except that a plaintiff cannot recover damages twice for the same act or omission of the defendant. E##ect o# de%t! o# t!e %ccused on ci)i& %ctions 1. After arrai$n"ent an% %urin$ the pen%enc& of the cri"inal action) +ener%& Ru&e: death e.tinguishes the civil liability arising from delict or the offense
Except, where civil liability is predicated on other sources of obligations such as law, contract, quasi&contract and quasi&delict. &f such civil action which survives is impliedly instituted in the criminal action, the legal representative or heir of the deceased shall be substituted for the deceased. )he criminal case is reduced to a civil action. However, if the civil action has been reserved and subse-uently filed or such civil action has been instituted, when the accused died, then such civil action will proceed and substitution of parties shall be ordered by the court pursuant to 'ec.1= %ule of the %ules of ,ourt.
2.
efore arrai$n"ent) )he civil action impliedly instituted in the criminal action shall be dismissed without prejudice to the offended party2s filing a civil action against the administrator of the estate of the deceased.
. Pen%in$ appeal of his conviction) extinguishes his criminal liability as well as the civil liability based solely thereon. #. Prior to final (u%$"ent) terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed. Jud*ment in ci)i& %ction not % b%r )he judgment in civil actions based on !rts. 2, , # and 21?= absolving the defendant from civil liability does not bar the criminal action. Pre-udici%& 3uestion 1. )he prejudicial question may be raised during the preliminary investigation of the offense or in court before the prosecution rests its case. 2. )he suspension of the criminal case due to a prejudicial question is only a procedural matter, and is subject to a waiver by virtue of prior acts of the accused. . )here is no prejudicial question where one case is administrative and the other is civil.
RULE //6 PRELIMINAR= INVES1I+A1ION

Pre&imin%r in)esti*%tion de#ined> '!en re3uired 1. Preli"inar& investi$ation is) not part of the trial of the criminal action in court. 0or is its record part of the record of the case in the %),. subject to the requirements of both substantive and procedural due process. )he right of an accused to a preliminary investigation is not a constitutional but merely a statutory right. 0onetheless, it is a component part of due process in criminal justice and is a substantive right. a personal right and may be waived expressly or by implication. Eac" of .* is not a ground to quash or dismiss a complaint or information, nor does it affect the court2s jurisdiction. Ahen there is no preliminary investigation, the accused must invo"e it at the first opportunity and the
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court should hold in abeyance or suspend proceedings and remand the case to the office of the prosecutor for him to conduct .*. 2. The refusal of the court to re"an% the case for P! can #e controlle% #& certiorari an% prohi#ition to prevent trial. O##icers %ut!ori4ed to conduct $re&imin%r in)esti*%tion 1. No lon$er authori*e% to con%uct P!) $y implication, M1C judges in Manila and in chartered cities have not been granted the authority to conduct .*, as the officers authori/ed to do so are the prosecutors% Judges of %),s 2. Two t&pes of offenses "a& #e file% in the +TC for preli"inar& investi$ation) a case cogni/able by the %), may be filed with the +), for .*B even if it is cogni/able by the +), because it is an offense where the penalty prescribed by law is at least # years 2 months and 1 day.
. Re$ar%in$ offenses fallin$ within the ori$inal (uris%iction of the ,an%i$an#a&an) .rosecutors or municipal trial court judges conducting .* of offenses falling within the original jurisdiction of the 'andiganbayan shall, after their conclusion, transmit the records and their resolutions to the -mbudsman or his deputy for appropriate action. +oreover, the prosecutor or judge cannot dismiss the complaint without the prior written authority of the -mbudsman or his deputy, nor can the prosecutor file an information with the 'andiganbayan without being deputi/ed by, and without prior written authority of, the -mbudsman or his deputy.
#. Re$ar%in$ election offenses) )he exclusive jurisdiction of the ,omelec to investigate and prosecute election offenses inheres even if the offender is a private individual or public officer or employee, and in the latter instance, irrespective of whether the offense is committed in relation to his official duties or not. *n other words, it is the nature of the offense, namely, an election offense as defined in the )mnibus 3lection Code and in other election laws, and not the personality of the offender that matters% 1. Re$ar%in$ the -"#u%s"an) )he power of the -mbudsman to ma"e investigation extends to any illegal act or omission of any public official, whether or not the same is committed in relation to his office. .reliminary investigation by the -mbudsman is limited to cases cogni/able by the 'andiganbayan and must be conducted pursuant to %ule 11 of the %ules of .rocedure of the -ffice of the -mbudsman. 'ection #CdD of !dministrative -rder 0o. (? disallows the filing of a motion to quash or dismiss a complaint filed with the -mbudsman, except on the ground of lac" of jurisdiction. W!ic! remed m% %n %**rie)ed $%rt %)%i& o# %*%inst reso&utions o# t!e Ombudsm%n in crimin%& or non?%dministr%ti)e c%ses8 1he law is silent. 5ence, appeal is not available as a remedy because the right to appeal is a statutory privilege and may be availed of only if there is a statute to that effect.
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However, an aggrieved party is not without remedy, as he can resort to the special civil action of certiorari under %ule =1. The -"#u%s"an %oes not have the power) to prosecute before the 'andiganbayan any impeachable officers with any offense which carries with it the penalty of removal from office, or any penalty service of which would amount to removal from office because by constitutional mandate, they can only be removed from office on impeachment for, and conviction of, culpable violation of the ,onstitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust to prosecute public officers or employees who have committed election offenses. to file an information for an offense cogni/able by the regular courts. =. E##ect o# %n incom$&ete PI, does not warrant the quashal of the information does not affect the court2s jurisdiction or the validity of the information.
Procedure 1. $y reason of the abbreviated nature of .*, a dismissal of the charges as a result thereof is not equivalent to a judicial pronouncement of acquittal. 2. )he accused or respondent in a criminal prosecution may avail himself of discovery remedies either during preliminary investigation or when the information has already been filed in court. . ! motion to dismiss is now a prohibited pleading during preliminary investigation. #. )he respondent is now required to submit counter&affidavits and other supporting documents relied upon by him for his defense. 1. )he respondent now has the right to examine the evidence submitted by the complainant of which he may not have been furnished and to obtain copies thereof at his expense. Reso&ution o# in)esti*%tin* $rosecutor %nd its re)ie' 1. $fter having filed the information, the prosecutor is called upon to prosecute the case in court. *t has been said that at this stage, unli"e judges who are mandated to display cold neutrality in hearing cases, the prosecutors are not required to divest themselves of their personal convictions and refrain from exhibiting partiality. $ut while he may stri"e hard blows, he is not at liberty to stri"e foul ones. 2. E##ect o# e"c&usion o# ot!er $ersons #rom t!e in#orm%tion, &f during the trial, evidence is shown that such persons should have been charged, the fact that they were not included in the information does not relieve them of criminal liability, and they can be subsequently prosecuted. )he accused who has been charged with the offense is not allowed to escape punishment merely because it develops in the course of the trial that there were other guilty participants in the crime. *t does not vitiate the validity of the information. 0either is the same a ground for a motion to quash.
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. Ro&e o# Secret%r o# Justice: )he 'ecretary of Justice is not prevented from entertaining an appeal from the accused or from the offended party even after the information has been filed and the trial court has arraigned the accused. 'ection # of @-J 22 should be construed as merely enjoining the 'ecretary of Justice to refrain, as far as practicable, from entertaining a petition for review or appeal from the action of the prosecutor once the complaint or information is filed in court. *f the 'ecretary reverses the ruling of the prosecutor, the latter has to file the necessary motion to dismiss the complaint or information, the grant or denial of which is subject to the discretion of the trial court.
#. E##ect i# t!e in#orm%tion is #i&ed b someone not %ut!ori4ed b &%', 1he court does not ac-uire jurisdiction. )he accused2s failure to assert lac" of authority on the part of the prosecutor in filing the information does not constitute a waiver thereof. 1. )he prosecutor is required to resolve the complaint based on the evidence presented by the complainant in the event that the respondent cannot be subpoenaed or the respondent, if subpoenaed, does not submit a counter&affidavit within the 1(&day period. Reso&ution o# in)esti*%tin* -ud*e %nd its re)ie' Non?-udici%& #unction: ,hen a municipal judge conducts P&, he performs a non&judicial function. Conse-uently, the findings of the investigating judge are subject to review by the provincial prosecutor whose findings in turn may also be reviewed by the 'ecretary of Justice in appropriate cases.
W!en '%rr%nt o# %rrest m% issue 1. In)%&id: ! warrant issued by the judge solely on the basis of the report and recommendation of the investigating prosecutor, without personally determining the existence of probable cause by independently examining sufficient evidence submitted by the parties during the .* 2. E##ect o# % #indin* o# $rob%b&e c%use: merely binds over the suspect to stand trial. &t is not a pronouncement of guilt% . W!%t t!e %ccused '!o be&ie)es t!%t t!ere is no $rob%b&e c%use to !o&d !im #or tri%& m% do: to file with the trial court a motion to dismiss on such ground or for the determination of probable cause. if the warrant of arrest has been issued , the accused may file a motion to quash the arrest warrant or to recall the same on the ground of lac" of probable cause.
#. W!ere %n in#orm%tion !%s %&re%d been #i&ed in court( %nd t!e Secret%r o# Justice re)ersed t!e $rosecutor9s #indin* o# $rob%b&e c%use( '!%t s!ou&d t!e tri%& court do u$on t!e $rosecutor9s motion to dismiss F 5e must ma"e his own assessment of the evidence and not just rely on the conclusion of the prosecutor, otherwise the court becomes a mere rubber stamp. 1. Re$ar%in$ reinvesti$ation: )nce the complaint or information is filed in court , any motion for reinvestigation is addressed to the sound discretion of the court.
Ahile the trial court judge has the power to order the reinvestigation of the case by the prosecutor, he may not, before the prosecutor concluded the reinvestigation, recall said order, set the case for arraignment and trial, without gravely abusing his discretion.
=. Munici$%& -ud*e m% issue %rrest '%rr%nt be#ore conc&usion o# $re&imin%r in)esti*%tion i#, he finds that probable cause exists and there is a necessity of placing respondent under immediate custody.
?. Im$ort%nt: )he rule is now that the investigating judge2s power to order the arrest of the accused is limited to instances in which there is a necessity for placing him in custody in order not to frustrate the ends of justice. )hus, even if the judge finds probable cause, he cannot, on such ground alone, issue a warrant of arrest. 5e must further find there is a necessity of placing the accused under immediate custody in order not to frustrate the ends of justice. 9. 1!e in)esti*%tin* -ud*e !%s no $o'er to reduce or c!%n*e t!e crime c!%r*ed in order to -usti# t!e *r%nt o# b%i& to t!e %ccused. )he power belongs to the prosecutor. :. $fter the conclusion of his P&, the judge has to transmit to the provincial prosecutor his resolution and entire records of the case, regardless of whether he finds a probable cause or sufficient ground to issue a warrant of arrest. W!en %ccused &%'#u&& %rrested 'it!out '%rr%nt 1. +ener%& Ru&e: 0o complaint or information shall be filed for an offense which is penali/ed by imprisonment of not less than # years, 2 months and 1 day without .*. Exception, when the accused has been lawfully arrested without warrant, in which case, an inquest must be conducted by an inquest prosecutor who will determine whether his arrest without warrant is lawful. )he inquest prosecutor may order the release of the arrested person if he finds no sufficient ground to hold him without prejudice to conducting further investigation, or file complaint or information within the period specified in !rt. 121 of the %.,.
2. In c%se % $erson is %rrested 'it!out % '%rr%nt( % com$&%int or in#orm%tion m% on& be #i&ed %#ter %n in3uest conducted in %ccord%nce 'it! e"istin* ru&es. Provi%e%, that in the absence or unavailability of an in-uest prosecutor , the complaint may be filed by the offended party or a peace officer directly with the proper court on the basis of the affidavit of the offended party or arresting officer or person.
% 0efore the filing of a complaint or information , the person arrested without a warrant may as" for a preliminary investigation by a proper officer, but he must sign a waiver of the provisions of !rt. 121 of the %.,. #. &f the accused allows himself to be arraigned without as'ing for a preliminary investigation, he is deemed to have waived the right to such .*. C%ses not re3uirin* $re&imin%r Summ%r Procedure in)esti*%tion nor co)ered b t!e Ru&e on
1!e res$ondent or %ccused is not entit&ed to $re&imin%r #o&&o'in* c%ses: cases governed by the %ules on 'ummary .rocedureB
in)esti*%tion in t!e
1#
cases where the punishment does not exceed # years 2 months and 1 day.
RULE //7 ARRES1

De#inition o# %rrest !pplication of actual force, manual touching of the body, physical restraint or formal declaration of arrest is not required. $rrest includes submission to the custody of the person ma'ing the arrest% E"ecution o# '%rr%nt 1. The (u%$e issues a warrant of arrest in . instances) C1D U$on t!e #i&in* o# t!e in#orm%tion b t!e $rosecutor. &n issuing this 'ind of warrant, the judge does not personally examine the complainant and the witnesses he may produce, but he merely evaluates personally the report and supporting documents and other evidence adduced during the preliminary investigation and submitted to him by the prosecutor, and if he finds probable cause on the basis thereof he issues the warrant for the arrest of the accused. C2D U$on %$$&ic%tion o# % $e%ce o##icer. &n this 'ind of warrant, the judge must personally examine the applicant and the witnesses he may produce, to find out whether there exists probable cause, otherwise the warrant issued is null and void. 5e must subject the complainant and the witnesses to searching questions. )he reason for this is there is yet no evidence on record upon which he may determine the existence of probable cause.
2. A warrant of arrest has no expir& %ate. *t remains valid until arrest is effected or the warrant is lifted. However, 'ec. # of %ule 11 requires the head of the office who applied for warrant to execute the same within 1( days from receipt thereof and for the arresting officer assigned to execute the same to submit, within 1( days from the expiration of the first 1(&day period, a report to the judge who issued the warrant.
Arrest 'it!out '%rr%nt> '!en &%'#u& 1. !n a citi*en/s arrest, the person may be arrested and searched of his body and of his personal effects or belongings, for dangerous weapons or anything which may be used as proof of the commission of an offense, without need of a search warrant. 2. 'ec. 1CaD refers to arrest in flagrante delicto while 'ec. 1CbD refers to hot pursuit. . 'ec. 1CbD authori/es warrantless arrest ;when an offense has in fact just been committed.> )he word ;just> implies immediacy in point of time. #. 9elivery of the detained person to the proper judicial authorities means the filing of the complaint or information with the municipal trial court or with the inquest fiscal or prosecutor who shall then decide either to order the release of the detained person or to file the corresponding information in court. Met!od o# %rrest b o##icer 'it!out '%rr%nt 1. Custodi%& in)esti*%tion
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*nvolves any questioning initiated by law enforcement officers after a person has been ta"en into custody or otherwise deprived of his freedom of action in any significant way. *t is only after investigation ceases to be a general inquiry into an unsolved crime and begins to focus on a particular suspect, the suspect is ta"en into custody, and the police carries out a process of interrogations that lends itself to eliciting incriminating statements that the rule begins to operate. E"#race% in custo%ial investi$ation) invited for questioning re&enactment
Not e"#race% in custo%ial investi$ation) police line&up ultraviolet ray examination normal audit examination by the ,-! of the accountability of a public officer
2. Ahen the threat or promise was made by, or in the presence of, a person in authority, who has, -% is supposed by the accused to have power or authority to fulfill the threat or promise, the confession of the accused is inadmissible. . Presu"ption of re$ularit& in the perfor"ance of %uties) 9oes not apply during in4custody investigation, nor can it prevail over the constitutional right of the accused to be presumed innocent. #. )he arresting officer may be held civilly liable for damages under !rt. 2 of the ,ivil ,ode. )he very nature of !rt. 2 is that the wrong may be civil or criminal. *t is not necessary that there should be malice or bad faith. 1. -n Civil Proce%ure) 'ection 2( %ule 1# of the 1::? %ules of ,ivil .rocedure provides in part that the inclusion in a motion to dismiss of other grounds aside from lac' of jurisdiction over the person of the defendant shall not be deemed a voluntary appearance% 'ection 9 %ule 11 provides that subject to the provisions of Section *ule :, a motion attac'ing a pleading, order, judgment or proceeding shall include all objections then available, and all objections not so included shall be deemed waived% 1hese changes in the ::7 *ules of Civil Procedure are applicable to criminal cases as 'ection %ule 1 thereof provides that ;these rules shall govern the procedure to be observed in actions, civil or criminal, and special proceedings.> +oreover, the omnibus motion rule applies to motions to quash.
=. 'ection 2= of %ule 11# of the 0ew %ules of ,riminal .rocedure provides that b%i& is not % b%r to ob-ection on i&&e*%& %rrest( &%c; o# or irre*u&%r $re&imin%r in)esti*%tion. )his is an abandonment of the ,ojuangco, Jr. v. 'andiganbayan ruling.
RULE //5 @AIL

@%i& de#ined 1. Pur$ose:
1=
to honor the presumption of innocence until his guilt is proven beyond reasonable doubt to enable him to prepare his defense without being subject to punishment prior to conviction.
2. U$on %ssum$tion o# t!e ob&i*%tion o# b%i&( t!e sureties become in &%' t!e -%i&ers o# t!eir $rinci$%&. . As b%i& is intended to obt%in or secure one9s $ro)ision%& &ibert ( t!e s%me c%nnot be $osted be#ore custod o)er !im !%s been %c3uired b t!e court. Rationale, it discourages and prevents resort to the pernicious practice whereby an accused could just send another in his stead to post his bail, without recogni/ing the jurisdiction of the court by his personal appearance therein and compliance with the requirements thereof.
Conditions o# t!e b%i&> re3uirements 1. 1he surety;s liability covers all these 6 stages: trial promulgation the execution of the sentence. <nless the court directs otherwise, the bail bond posted by an accused remains in force at all stages of the case until its final determination% 2. &f the accused presents his notice of appeal, the trial court will order the accused to be ta"en into custody in the absence of a new bail bond on appeal duly approved by the court. &f the accused does not appeal, the bondsman must produce the accused on the 11th day from promulgation of sentence for service of sentence. @%i&( %s % m%tter o# ri*!t> e"ce$tion 1. W!en b%i& is % m%tter o# ri*!t: before or after conviction by the +), before conviction, for all offenses punishable by lower than reclusion perpetua prosecution does not have the right to oppose or to present evidence for its denial. 2. W!en b%i& is % m%tter o# discretion: before conviction, in offenses punishable by death, reclusion perpetua or life imprisonment after conviction by the %), of a non&capital offense prosecution is entitled to present evidence for its denial. . Ri*!t to b%i& m% be '%i)ed. #. @%i& in court?m%rti%& o##enses: )he right to bail of an accused military personnel triable by courts&martial does not e.ist, as an exception to the general rule that an accused is entitled to bail e.cept in a capital offense where the evidence of guilt is strong. *ationale: )he unique structure of the military justifies exempting military men from the constitutional coverage on the right to bail.
1?
1. Notice o# !e%rin* re3uired, ,hether bail is a matter of right or of discretion, reasonable notice of hearing is required to be given to the prosecutor or fiscal or at least he must be as"ed for his recommendation because in fixing the amount of bail, the judge is required to ta"e into account a number of factors such as the applicant2s character and reputation, forfeiture of other bonds or whether he is a fugitive from justice. =. Summ%r o# t!e e)idence #or t!e $rosecution 1he court;s order granting or refusing bail must contain a summary of the evidence for the prosecution, otherwise the order granting or denying bail may be invalidated because the summary of the evidence for the prosecution which contains the judge2s evaluation of the evidence may be considered as an aspect of procedural due process for both the prosecution and the defense. ?. It 'ou&d be $rem%ture( not to s% incon*ruous( to #i&e % $etition #or b%i& #or someone '!ose #reedom !%s et to be curt%i&ed. @%i&( '!en discretion%r 1. Not entit&ed to b%i&, !n accused who has been convicted of an offense which carries a penalty of more than 2( years is not entitled to bail during the pendency of his appeal. !n accused who is convicted of a capital offense is no longer entitled to bail on appeal since his conviction imports that the evidence of guilt is strong.
2. 1ri%& court m% *r%nt b%i& be#ore %$$e%& is $er#ected ,hether bail is a matter of right or discretion , the trial court may grant bail and approve the amount of the bail bond before the accused has perfected his appeal, appeal being perfected upon filing of a written notice of appeal and furnishing the adverse party copy thereof. However if the decision of the trial court convicting the accused changed the nature of the offense from non&bailable to bailable, the application for bail can only be filed with and resolved by the appellate court. 3ven if there is no notice of appeal, if the decision of the 1C convicting the accused changed the nature of the offense from non4bailable to bailable, the application for bail can only be filed with and resolved by the appellate court.
. A#ter %$$e%& is $er#ected( t!e tri%& court &oses -urisdiction to *r%nt b%i& %nd to %$$ro)e b%i& bond. However, the accused may apply for bail or provisional liberty with the appellate court.
C%$it%& o##ense de#ined )he capital nature of an offense is determined by the penalty prescribed by law, and not by the penalty that may be imposed after trial and on the basis of the evidence adduced and the presence of aggravating or mitigating circumstance. C%$it%& o##ense or %n o##ense $unis!%b&e b im$risonment( not b%i&%b&e rec&usion $er$etu% or &i#e
1. Distinction bet'een &i#e im$risonment %nd rec&usion $er$etu%( inso#%r %s b%i& is concerned( is not im$ort%nt.
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,hy? because in both cases, the grant of bail before conviction by the trial court is a matter of discretion when evidence of guilt is strong.
2. 1!e constitution%& m%nd%te m%;es t!e *r%nt or deni%& o# b%i& in c%$it%& o##enses !in*e on t!e issue o# '!et!er or not t!e e)idence o# *ui&t is stron*. . Me%nin* o# Acon)ictionB )he word ;conviction> in 'ection 1 , !rticle *** of the 1:9? ,onstitution refers to conviction by the trial court, which has not become final, as the accused still has the right to appeal. !fter conviction by the trial court, the accused convicted of a capital offense is no longer entitled to bail, and can only be released when the conviction is reversed by the appellate court.
@urden o# $roo# in b%i& %$$&ic%tion 1. 0Evi%ence of $uilt1 in the ,onstitution and the %ules refers to a finding of innocence or culpability, regardless of the modifying circumstances. 2. Re*%rdin* minors c!%r*ed 'it! % c%$it%& o##ense, *f the person charged with a capital offense, such as murder, admittedly a minor, which would entitle him, if convicted, to a penalty next lower than that prescribed by law, he is entitled to bail regardless of whether the evidence of guilt is strong% )he reason for this is that one who faces a probable death sentence has a particularly strong temptation to flee. )his reason does not hold where the accused has been established without objection to be minor who by law cannot be sentenced to death.
. Dut o# -ud*e to conduct !e%rin*: ,here the prosecution agrees with the accused;s application for bail or foregoes the introduction of evidence, the court must nonetheless set the application for hearing. *t is mandatory for the judge to conduct a hearing and as" searching and clarificatory questions for the purpose of determining the existence of strong evidence against the accusedB and the order, after such hearing, should ma"e a finding that the evidence against the accused is strong.
Cor$or%te suret )he term of the bail bond is not dependent upon faithful payment of the bond premium. Justi#ic%tion o# sureties efore acceptin$ a suret& or #ail #on%2 the followin$ re3uisites "ust #e co"plie% with) photographs of the accusedB affidavit of justificationB clearance from the 'upreme ,ourtB certificate of compliance with ,ircular 0o. == dated 'eptember 1:, 1::=B authority of the agentB and current certificate of authority issued by the *nsurance ,ommissioner with a financial statement showing the maximum underwriting capacity of the surety company. De$osit o# c%s! %s b%i&
1:
)he trial judge has no authority to strictly require that only cash bond, instead of a surety bond, be deposited for the provisional release of the accused. Reco*ni4%nce 1. )he release of the accused may be on his own recogni/ance, which means that he has become his own jailer. *t may be to a responsible person. .ersons charged with offenses falling under the %ule on 'ummary .rocedure may be released either ;on bail or on recogni/ance of a responsible citi/en acceptable to the court.> 2. *n Es$iritu ). Jo)e&&%nos C29( ',%! 1?:, 1::?D, the ,ourt held that the release on reco$ni*ance of an& person un%er %etention "a& #e or%ere% onl& #& a court an% onl& in the followin$ cases) when the offense charged is for violation of an ordinance, a light, or a criminal offense, the imposable penalty of which does not exceed = months imprisonment and4or .2((( fine, under the circumstances provided in %! 0o. =( = where a person has been in custody for a period equal to or more than the minimum of the imposable principal penalty, without application of the *ndeterminate 'entence Eaw or any modifying circumstance, in which case the court, in its discretion, may allow his release on his own recogni/ance where the accused has applied for probation, pending resolution of the case but no bail was filed or the accused is incapable of filing one in case of a youthful offender held for physical and mental examination, trial, or appeal, if he is unable to furnish bail and under circumstances envisaged in .@ 0o. =( as amended.
@%i&( '!ere #i&ed ! judge presiding in one branch has no power to grant bail to an accused who is being tried in another branch presided by another judge who is not absent or unavailable, and his act of releasing him on bail constitutes ignorance of law which subjects him to disciplinary sanction. 2or#eiture o# b%i& 1. W!en b%i& bond #or#eited, only in instances where the presence of the accused is specifically required by the court or the %ules of ,ourt and, despite due notice to the bondsmen to produce him before the court on a given date, the accused fails to appear in person as so required.
2. 1o -usti# e"em$tion #rom &i%bi&it on % b%i& bond or reduction t!ereo#( t'o re3uisites must be s%tis#ied, production or surrender of the person of the accused within ( days from notice of the order of the court to produce the body of the accused or giving reasons for its non&production satisfactory explanations for the non&appearance of the accused when first required by the trial court to appear. ,ompliance with the first requisite without meeting the second requisite will not justify non&forfeiture of a bail bond or reduction of liability.
2(
Arrest o# %ccused out on b%i& 1. )he bondsmen who put the bail bond for the accused become the jailers and they or the police officer to whom authority is endorsed may arrest the accused for the purpose of surrendering him to the court. 1he accused cannot leave the country without the permission of the bondsmen and the court% 2. Re*%rdin* !o&d?de$%rture orders, Supreme Court Circular 5o% 6:4:7 dated =une :, ::7 limits the authority to issue hold departure orders to the %),s in criminal cases within their exclusive jurisdiction. ,onsequently, M1C judges have no authority to issue hold4 departure orders, following the maxim, express mention implies the exclusion. 0either does he have authority to cancel one which he issued.
No b%i& %#ter #in%& -ud*ment> e"ce$tion +ener%& Ru&e: no bail shall be allowed after the judgment has become final, as what is left is for him to serve the sentence. Exception, when he has applied for probation before commencing to serve sentence, the penalty and the offense being within the purview of the .robation Eaw. Exception to the exception, the accused shall not be allowed to be released on bail after he has commenced to serve his sentence.
@%i& is not % b%r to ob-ections on i&&e*%& %rrest( &%c; o# or irre*u&%r $re&imin%r in)esti*%tion Im$ort%nt: !n application for admission to bail shall not bar the accused from challenging the validity of his arrest or the legality of the warrant issued therefore, or from assailing the regularity or questioning the absence of a preliminary investigation of the charge against him, provided that he raises them before entering his plea% )he court shall observe the matter as early as practicable but not later than the start of the trial of the case.
RULE //C RI+:1S O2 ACCUSED

Ri*!ts o# t!e %ccused %t t!e tri%& 1. Is t!e constitution%& $resum$tion o# innocence )io&%ted b t!e $resum$tion o# *ui&t est%b&is!ed b &%' %risin* #rom cert%in #%cts $ro)ed %nd b s!i#tin* to t!e %ccused t!e burden o# $roo# to s!o' !is innocence8 0o. )he state having the right to declare what acts are criminal, within certain defined limitations, has a right to specify what act or acts shall constitute a crime, as well as what proof shall constitute prima facie evidence of guilt. )he constitutional presumption of innocence will not apply as long as there is some rational connection between the fact proved and the ultimate fact presumed, and the inference of one fact from proof of another shall not be so unreasonable as to be purely arbitrary. 2. E3ui$oise ru&e: *f the inculpatory facts and circumstances are capable of two or more explanations, one of which is consistent with the innocence of the accused and the other with his guilt, then the evidence does not fulfill the test of moral certainty and is not sufficient to support a conviction of the accused. 5ence, where the evidence of the parties in a criminal case are evenly balanced, the
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constitutional presumption of innocence should tilt the scales in favor of the accused and he must be ac-uitted% . *f the judgment of conviction had become final and executory, it may still be recalled, and the accused afforded the opportunity to be heard by counsel, where he has been denied the right to counsel during the hearing% #. Ahere an accused was represented in the %), by a person who claimed to be a lawyer and was thereafter convicted, but it was later discovered that his counsel was not really a lawyer, he is entitled to have his conviction set aside and a new trial underta"en. 1. 1r%ns%ction%& %nd Use immunit distin*uis!ed, Transactional i""unit& is broader in the scope of its application. $y its grant, a witness can no longer be prosecuted for any offense whatsoever arising out of the act or transaction. *n contrast, by the grant of use4an%4%erivative4use i""unit&, a witness is only assured that his or her particular testimony and evidence derived from it will not be used against him or her in a subsequent prosecution.
=. )he right against self4incrimination is a protection only against testimonial compulsion. ?. )he accused;s right to meet the witnesses face to face is limited to proceedings before the trial court, during trial, and not during custodial or preliminary investigation. 9. *e-uests by a party for the issuance of subpoenas do not require notice to other parties to the action. :. 1he sanctions of arrest and contempt in respect to disobedience to subpoena are not applicable to a witness who resides more than 1(( "ilometers from the residence to the place where he is to testify, or if he is a detention prisoner no permission of the court in which his case is pending was obtained. 1(. Public trial should not be confused with trial by publicity which is proscribed. 11. Re3uisites #or )%&id '%i)er o# ri*!t, existence of right "nowledge of existence thereof intention to relinquish such right, which must be shown clearly and convincingly where the law or the ,onstitution so provides, the waiver must be with the assistance of counsel, to be valid.
RULE //D ARRAI+NMEN1 AND PLEA

Arr%i*nment %nd $&e%> !o' m%de 1. De#inition: !rraignment is the stage where the issues are joined in criminal action and without which the proceedings cannot advance further or, if held, will otherwise be void. 2. No tri%& in %bsenti% c%n be )%&id& !e&d 'it!out #irst %rr%i*nin* t!e %ccused( %nd !e c%nnot be %rr%i*ned 'it!out !is $erson%& %$$e%r%nce in court. . Presence o# o##ended $%rt re3uired
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1he presence of the offended party is now re-uired at the arraignment and also to discuss the matter of accused;s civil liability. *n case the offended party fails to appear despite due notice, the trial court may allow the accused to plead guilty to a lower offense with solely the conformity of the trial prosecutor.
#. Accused under $re)enti)e detention Ahile %! 9#: , or the 'peedy )rial !ct, provides that the accused shall be arraigned within ( days from the time a court acquires jurisdiction over his person, %ule 11= section 1CeD provides for a shorter time within which an accused who is under preventive detention should be arraigned. Ahen an accused is detained, his case should be raffled within days from the filing of the information or complaint against him, and the judge to whom his case is raffled shall have him arraigned within 1( days from receipt by the judge of the records of the case. )he pre&trial conference shall be held within 1( days after the arraignment.
1. )he arraignment shall be held within ( days from the date the court acquires jurisdiction over the person of the accused, unless a shorter period is provided by special law or by ', ,ircular. Certain laws an% ,C Circulars provi%e for a shorter ti"e within which the accuse% shoul% #e arrai$ne%) RA 5E0F G in criminal cases where the complainant is about to depart from the .hilippines with no definite date of return, the accused should be arraigned without delay and his trial should commence within days from the arraignment and that no postponement of the initial hearing should be granted except on the ground of illness on the part of the accused or other grounds beyond the control of the court. RA GD/0 C,hild !buse !ctD G the trial shall be commenced within arraignment @angerous @rugs Eaw SC AO /05?ED( i.e., heinous crimes, violations of the *ntellectual .roperty %ights Eaw G these cases must be tried continuously until terminated within =( days from commencement of the trial and to be decided within ( days from the submission of the case P&e% o# *ui&t to % &esser o##ense 1. )he new rule provides that the accused may be allowed by the trial court to plead guilty to a lesser offense which is necessarily included in the offense charged , and deleted the phrase, ;regardless of whether or not it is necessarily included in the crime charged, or is cogni/able by a court of lesser jurisdiction than the trial court.> *t should be noted, however, that the amendment did not say that an accused may be allowed to plead to a lesser offense only if the same is necessarily included in the offense charged. )he provision employs the word ;may,> which is permissive and implies that the court may still allow an accused to plead guilty to a lesser offense, even if the latter is not included in the offense charged. days from
2. Consent o# o##ended $%rt re3uired, 1he consent of the offended party to allowing the accused to plead guilty to a lesser offense is necessary. *t has been held that if the plea of guilty to a lesser offense is made without the consent of the prosecutor and the offended party, the
conviction of the accused shall not be a bar to another prosecution for an offense which necessarily includes the offense charged in the former information. . C!%n*e o# $&e% $fter the prosecution has rested its case , a change of plea to a lesser offense may be granted by the judge, with the approval of the prosecutor and the offended party and only when the prosecution does not have sufficient evidence to establish the guilt of the crime charged. )he judge cannot on its own grant the change of plea.
P&e% o# *ui&t to c%$it%& o##ense> rece$tion o# e)idence 1. !n i"provi%ent plea means a plea without proper information as to all the circumstances affecting itB based upon a mista"en assumption or misleading information or advice. 2. Conviction in a capital offense cannot rest alone on a plea of guilty, a free and intelligent plea. *t is mandatory for the trial court to require the prosecution to present its evidence and, if the accused so desires, to allow him to submit his evidence. )his is so even if the accused formally manifests that he waives presentation of evidence by the prosecution. P&e% o# *ui&t to non?c%$it%& o##ense> rece$tion o# e)idence( discretion%r 1. W!%t % $&e% o# *ui&t inc&udes, )he plea of guilty covers both the crime as well as its attendant circumstances alleged in the complaint or information, qualifying and4or aggravating the crime. 'uch plea removes the necessity of presenting further evidence and for all intents and purposes the case is deemed tried on its merits and submitted for decision. *t leaves the court with no alternative but to impose the penalty prescribed by law.
2. Miti*%tin* circumst%nces, )he trial court may allow an accused to plead guilty and at the same time allow him to prove other mitigating circumstances. 5owever, if what the accused would prove is an exempting circumstance, which would amount to a withdrawal of his plea of not guilty, the trial court may not allow him to ta"e the witness stand.
. *f the accused is permitted to present evidence after his plea of guilty to a non&capital offense and such shows that the accused is not guilty of the crime charged, the accused must be acquitted, for there is no rule which provides that simply because the accused pleaded guilty to the charge that his conviction automatically follows. !dditional evidence independent of the plea may be considered to convince the judge that it was intelligently made. Wit!dr%'%& o# im$ro)ident $&e% o# *ui&t 1. W!en it m% be done: at any time before the judgment of conviction becomes final. 2. E##ect: change of the accused2s plea from guilty to that of not guilty is the setting aside of the judgment of conviction and the re&opening of the case for new trial.
2#
. )he withdrawal must at least have a rational basis. )he accused should state that he has a meritorious defense to the charge. )he motion should be set for hearing and the prosecution heard thereon. 1ime #or counse& de o##icio to $re$%re E"$ress dem%nd: ,ounsel for the accused must expressly demand the right to be given reasonable time to consult with the accused. -nly when so demanded does denial thereof constitute reversible error and a ground for new trial.
@i&& o# $%rticu&%rs 1. Ru&e /6 o# Ci)i& Procedure on bi&& o# $%rticu&%rs is %$$&ic%b&e in crimin%& $roceedin*s. 2. It is not t!e o##ice o# t!e bi&& o# $%rticu&%rs to: 'upply material allegation necessary to the validity of a pleading ,hange a cause of action or defense stated in the pleading, or to state a cause of action or defense other than the one stated. 'et forth the pleader2s theory of his cause of action or a rule of evidence on which he intends to rely Hurnish evidentiary information whether such information consists of evidence which the pleader proposes to introduce or of facts which constitute a defense or offset for the other party or which will enable the opposite party to establish an affirmative defense not yet pleaded.
. 1!e #i&in* o# % motion #or bi&& o# $%rticu&%rs sus$ends t!e $eriod to #i&e % res$onsi)e $&e%din*. *f the motion is granted, the moving party has the remaining period or at least 1 days to file his answer from service of the bill of particulars. *f the motion is denied, he has the same period to file his responsive pleading from receipt of the order denying the motion.
Sus$ension o# %rr%i*nment 1ests to determine ins%nit , the test of cognition Cwhich is used in this jurisdictionD or the complete deprivation of intelligence in committing the criminal act the test of volition or that there be a total deprivation of freedom of the will.
RULE //G MO1ION 1O HUAS:

1ime to mo)e to 3u%s! 1. Hu%s!%& %nd no&&e $rose3ui distin*uis!ed, )he quashal of complaint or information is different from a nolle prosequi, although both have one result, which is the dismissal of the case. ! nolle prosequi is initiated by the prosecutor while a quashal of information is upon motion to quash filed by the accused.
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! nolle prosequi is a dismissal of the criminal case by the government before the accused is placed on trial and before he is called to plead, with the approval of the court in the exercise of its judicial discretion. *t parta"es of the nature of a nonuser or discontinuance in a civil suit and leaves the matter in the same condition in which it was before the commencement of the prosecution. *t is not an acquittalB it is not a final disposition of the caseB and it does not bar a subsequent prosecution for the same offense.
2. +ener%& Ru&e: ! +)I may be filed by the accused at any time before the accused enters his plea. )hereafter, no +)I can be entertained by the court. Exception, under the circumstances mentioned in 'ec. :, %ule 11?, which adopts the omnibus motion rule. )his means that a +)I may still be filed after arraignment on the ground that the facts alleged in the information charge no offense, that the offense or penalty has prescribed, or that the doctrine of double jeopardy precludes the filing of the information.
. 1!e ri*!t to #i&e % M1H be&on*s on& to t!e %ccused. )here is nothing in the rules which authori/es the court or judge to motu propio initiate a +)I by issuing an order requiring why the information may not be quashed on the ground stated in said order. 2orm %nd contents A2%ctu%& %nd &e*%& *roundsB must be st%ted )his provision requiring that the ;factual and legal grounds> be stated in the motion allows that facts outside the information itself may be introduced to prove any of the grounds of a +)I, enumerated in 'ec. . 'uch inquiry into outside facts may also be allowed even when the ground invo"ed is that the allegation in the information does not constitute the offense charged. +rounds 1. In % M1H b%sed on t!e *round t!%t t!e #%cts %&&e*ed in t!e in#orm%tion do not constitute t!e o##ense c!%r*ed( t!e tri%& court s!ou&d &imit its in3uir to, the averments in the information, as hypothetically admittedB facts admitted by the prosecutionB and indubitable facts.
2. W!ere *round #or M1H is i&&e*%& %rrest, &f the accused believes that the arrest, with or without warrant, is illegal, he should move to quash the information on such ground, along with other grounds as otherwise such other grounds will be deemed waived if not included in the +)I, except no offense charged, lac" of jurisdiction over the offense, prescription of offense or liability, or double jeopardy. . 1he prosecutor who signed the information must have territorial jurisdiction to conduct the preliminary investigation of the offense, otherwise the information filed by him would be invalid and can be quashed on such ground. #. 1he fact that the allegations in the complaint or information are vague or broad, is not generally a ground for a motion to -uash , the remedy being to file a motion for bill of particulars. =. )he period of prescription of violation of special laws or offenses not penali/ed by the %evised .enal ,ode but by special laws, and municipal ordinances is governed by !ct 0o. 2= which too" effect on @ecember #, 1:2=.
2=
?. Doctrine o# Presidenti%& Ad :oc 2%ct?2indin* Committee on @e!est Lo%ns ). Desierto( 7/G SCRA 6G6 (/EEE), *f the commission of the crime is "nown, the prescriptive period shall commence to run on the day it was committed, otherwise on the date of its discovery. *n the very nature of things, acts made criminal by special laws are frequently not immoral or obviously immoral in themselves. Hor this reason, the applicable statute requires that if the violation of the special law is not "nown at the time, the prescriptive period begins to run only from the discovery thereof, that is, discovery of the unlawful nature of the constitutive act or acts, in connection with which there should be evidence.
9. Re*%rdin* $rescri$ti)e $eriods, ,here an accused has been found to have committed a lesser offense includible within the offense charged, he cannot be convicted of the lesser offense if it has already prescribed. )o hold otherwise would be to sanction the circumvention of the law on prescription by the simple expedient of accusing the defendant of the graver offense. 1he rule that if the last day falls on a Sunday or a holiday , the act can still be done the following day does not apply to the computation of the period of prescription of a crime, in which the rule is that if the last day in the period of prescription of a felony falls on a 'unday or legal holiday, the information concerning said felony cannot be filed on the next wor"ing day, as the offense has by then already prescribed. )he period of a continuing crime;s prescription is counted from the latest or last act constituting the series of acts continuing the single crime. 1he prescriptive period of offenses penali(ed by special laws and ordinances is interrupted only by the filing of complaint or information in court . )his is without distinction as to whether the cases are covered by the %ule on 'ummary .rocedure. )he period of prescription does not run when the offender is absent from the .hilippines.
:. Re*%rdin* $%rdon: <nless grounded on the person;s innocence, a pardon by the .resident cannot bring bac" lost reputation for honesty, integrity and fair dealing. )he pardoned offender regains his eligibility for appointment to public office which was forfeited by reason of the conviction of the offense. $ut since pardon does not necessarily result in automatic reinstatement because the offender has to apply for reappointment, he is not entitled to bac" wages.
1(. Contentious motions: Contentious motions in criminal cases must comply with the requirements that they be set for hearing at a specified date with prior notice to the adverse party or the prosecutor at least days before the hearing, the notice of hearing should be addressed to adverse counsel or the prosecutor, and proof of service of the motion upon the adverse party or prosecutor at least days prior to such hearing. )his is mandatory.
11. Remed o# %**rie)ed $%rt
2?
Ahile an order granting a motion to quash, unli"e a denial thereof, is appealable, as the proper remedy, this rule does not preclude the aggrieved party from filing a special civil action of certiorari, as a substitute for the remedy of a lost appeal, where there is a patent, capricious and whimsical exercise of discretion by a trial judge or where an appeal will not promptly relieve the aggrieved party from the injurious effect of the disputed order, as in the quashal of an information for incomplete preliminary investigation.
Amendment o# com$&%int or in#orm%tion 1. !n information does not charge an offense if one or more of its essential elements have not been alleged therein. )he amendment of the information to allege the elementCsD not stated in the information is a material amendment, but the same can be done because the accused has not been arraigned, nor can a dismissal of the information on such ground put the accused twice in jeopardy. 2. ! good tactical move may require that the accused should first plead to the information and thereafter file a motion to quash either before or after the prosecution has presented its evidence. .ursuant to 'ec. : of %ule 11?, an accused, even after he has entered his plea, may still move to quash the information on the ground that it does not charge an offense. *f the case is dismissed on such ground, the prosecution may not be permitted to correct the information because the accused has already pleaded and to allow such amendment may place the accused twice in jeopardy. 2ormer con)iction or %c3uitt%&> doub&e -eo$%rd 1. Doub&e -eo$%rd 'i&& %$$& ... Jwhen the complaint or information is dismissed by a court of competent jurisdiction after the prosecution has presented its evidence even if the dismissal is in the mista"en ground of lac" of jurisdiction. Jeven if the dismissal is made with the express consent of the accused, or upon his own motion, if it is predicated on insufficiency of the prosecution evidence or denial of the right to a speedy trial. *n both instances, the dismissal has the effect of acquittal.
2. Doub&e -eo$%rd 'i&& not %$$& I J in case of a conviction of a crime under a special law, which also constitutes an offense under the %evised .enal ,ode. *eason: the former is malum prohibitum, while the latter is malum in se. 1hus, it has been held that conviction for the crime of illegal recruitment under the Eabor ,ode does not preclude punishment for the offense of estafa under the %.,. where 2 informations are filed charging the same accused with 2 different elements, as in the issuance of bouncing chec" for estafa under the %., and violation of $. 22. where after trial of a charge of serious physical injuries, the municipal trial court dismissed the case to give way to the filing of a complaint for frustrated murder, as it believed that what was proved was frustrated murder, the dismissal was null and void because the trial court should have rendered judgment based on the charge alleged in the information and the evidence adduced during the trial. 'ince the dismissal was null and void, it did not place the accused twice in jeopardy for the continuation of the proceedings for serious physical injuries. where the accused has been sentenced to suffer a wrong penalty by the trial court, the petition for certiorari filed by the prosecutor to correct the penalty which
29
should be lower than that imposed does not place the accused twice in jeopardy because it would shorten the penalty and is favorable to the accused. where one case is administrative in nature and the other criminal. 0either does it apply in preliminary investigations.
Pro)ision%& dismiss%& 1. Im$ort%nt<: ! trial court may not order a provisional dismissal of the case without the express consent of the accused and prior notice to the offended party. )he trial court, cannot, on its own, provisionally dismiss the case, nor can it dismiss it provisionally without the express consent of the prosecutor. 2. Im$ort%nt<, )he provisional dismissal of offenses punishable by imprisonment not exceeding = years or a fine of any amount, or both, shall become permanent 1 year after issuance of the order without the case having been revived. Aith respect to offenses punishable by imprisonment of more than = years, their provisional dismissal shall become permanent 2 years after issuance of the order without the case having been revived. 2%i&ure to mo)e to 3u%s! or to %&&e*e %n *round t!ere#or )he accused may still file a motion to dismiss the information based on the following grounds even if he has already pleaded not guilty: the information charges no offenseB the trial court has no jurisdiction over the offense chargedB the penalty or the offense has been extinguishedB and double jeopardy has attached.
RULE //F PRE?1RIAL

1. Pre trial !onference is mandatory in criminal cases. .. !n such pre4trial2 the followin$ are consi%ere%) a. .lea bargaining b. 'tipulation of facts c. *dentification of evidence d. Aaiver of objections to admissibility of evidence e. +odification of order of trial if accused admits the charge but interposes lawful defense f. -ther matters which will promote a fair and expeditious trial ,hat are the re-uisites of pre4trial agreements and admissions >stipulation of facts?? a. *n writing b. 'igned by the accused and counsel )he agreements covering matters referred to in section 1 of this %ule Cplea bargaining, etc.D need to be approved by the court% )he purpose of requiring the accused to sign the stipulation of facts is to further safeguard his rights against improvident or unauthori/ed agreement or admission which his counsel may have entered into without his "nowledge. C.eople vs. 3y, 2(((D
6%
#. *f the counsel for the accused or the prosecutor does not appear at the pre&trial %nd does not offer an acceptable excuse, he may be penali/ed by the court.
2:
1. 5hat is a pre4trial or%er6 *t is an order issued by the court reciting the actions ta"en, the facts stipulated and the evidence mar"ed during the pre&trial conference. 'uch order binds the parties and limits the trial to those matters not disposed of. =. ,hat if the accused believes that the pre4trial order contains mista'es or matters which were not ta'en up during the pre4trial? 5e must move to correct the mista"e or modify the pre&trial order, otherwise, he will be deemed to have waived, and be barred from questioning the same later.
RULE //E 1RIAL

1. Hrom the day when the accused pleads not guilty upon arraignment, he shall have 11 days to prepare for trial which includes pre&trial. )he trial shall commence within ( days from receipt of pre&trial order. 2. )he trial shall be continuous Cday to day as far as practicableD and the entire trial period shall not exceed 19( days except as otherwise authori/ed by the 'upreme ,ourt. . )he trial may be postponed for a reasonable period of time and for good cause as may be granted by the court. #. )he trial judge does not lose jurisdiction to try the case after the 19(&day limit. 5e may, however, be penali/ed with disciplinary sanctions for failure to observe the prescribed limit without proper authori/ation by the 'upreme ,ourt.
Trial in Absentia
1. Re3uisites o# 1ri%& in Absenti% >if not present, there;s denial of due process? a. )he accused has been arraigned b. 5e has been notified of the trial c. 5is failure to appear is unjustified
2. )he $ur$ose of trial in absentia is to speed up the disposition of criminal cases. C.eople vs. !gbulos, 1:: D . 5hat are the effects of trial in a#sentia6 )he accused waives the right to present evidence and cross&examine the witnesses against him. C.eople vs. Eandicho, 1::=D 1he accused;s waiver does not mean, however, that the prosecution is deprived of the right to require the presence of the accused for purposes of identification by the witnesses which is vital for conviction of the accused, e.cept where he unqualifiedly admits in open court after his arraignment that he is the person named as defendant in the case on trial.
Exclusions in the Computation of Time

7. The followin$ perio%s shall not #e inclu%e% in the co"putation of ti"e of trial) a. @elay resulting from other proceedings concerning the accused including but not limited to: i. @elay resulting from physical or mental examination ii. @elay resulting from other criminal proceedings against accused iii. @elay resulting from extraordinary remedies against interlocutory orders iv. @elay resulting from pre&trial proceedings provided not exceeding ( days v. @elay resulting from orders of inhibition or proceedings for change of venue
vi. @elay resulting from the existence of a prejudicial question vii. @elay attributable to any period not exceeding ( days and the accused is under advisement b. @elay resulting from absence or unavailability of an essential witness c. @elay resulting from mental incompetence or physical inability of the accused to stand trial d. *f the information is dismissed upon motion of the prosecution and thereafter a charge is filed against the accused for the same offense, any period of delay from the date the charge was dismissed to the date the time limitation would commence to run as to the subsequent charge had there been no previous charge. e. %easonable period of delay when accused is joined for trial with co&accused f. @elay resulting from continuance granted by the court motu propio
Factors for Granting Continuance

1. Ahether the failure to grant continuance would ma"e a continuation of the proceeding impossible or result in a miscarriage of justice. 2. )he case, as a whole, is novel, unusual and complex, or it is unreasonable to expect adequate preparation within the periods of time established therein.
Time Limit Following an Order for New Trial

+ener%& Ru&e, !fter an order for new trial is issued, the trial commences within ( days from notice of the order. Exception: *f the (&day period becomes impractical due to unavailability of the witnesses and other factors, it may be extended by the court but in no case should it exceed 19( days from notice of said order for new trial.
Public Attorne !s "uties #here Accused is $mprisoned

1. *f the accused is imprisoned, the public attorney has a duty to obtain the presence of the prisoner for trial or cause notice to be served on the person having custody of the prisoner requiring such person to advise the prisoner of his right to demand trial. 2. )he custodian will then inform the prisoner of the latter2s right to demand trial. *f the prisoner demands trial, the custodian should then inform the public attorney of such demand. . 3pon notification, the public attorney should then see" to obtain the presence of the prisoner for trial.
%anctions $mposed on Pri&ate Counsel' Public Attorne or the Prosecutor

Acts '!ic! 'i&& e)o;e t!e s%nctions, 1. Knowingly allowing the case to be set on trial without disclosing that a necessary witness would be unavailableB 2. Hiles a motion solely for delay, "nowing it to be frivolous and without meritB . Knowingly ma"es a false statement in order to obtain continuanceB #. Aillfully fails to proceed to trial without justification. 1!e S%nctions, 1. Private 8efense Counsel G fine not exceeding .2(, ((( L criminal sanctions, if any. 2. Counsel %e officio2 Pu#lic Attorne& or Prosecutor G fine not exceeding .1, ((( L criminal sanctions, if any. . 8efense Counsel or Prosecutor G denial of the right to practice before the court trying the case for a period not exceeding ( days L criminal sanctions, if any. )he sanctions are designed to speed up the trial and disposition of the cases and to encourage the lawyers to go to court ready for trial and not ;ready to postpone.>
S$eed 1ri%& 1. )he accused should be brought to trial within ( days from the date the court acquires jurisdiction over the person of the accused C%ule 11=, 'ection 1gD. *f he is not brought to trial within the period specified, he may quash the information on the ground of denial of his right to speedy trial. Hailure to move for dismissal prior to trial shall constitute a waiver of the right to dismiss under 'ection :, %ule 12(. 2. !rraignment must be set within ( days from the date the court acquires jurisdiction over the person of the accused, and within the same period, the court must set the case for pre&trial, and within ( days from the receipt of the pre&trial order, the trial must be commenced.
Order of Trial
7. -r%er of Trial .rosecution presents evidence to prove the charge and, in the proper case, the civil liability. )he accused presents evidence to prove his defense and damages, if any. )he prosecution, then the defense, may present rebuttal and sur&rebuttal evidence unless the court, in furtherance of justice, permits them to present additional evidence. 3pon admission of the evidence by the parties, the case is deemed submitted for decision.
2. 1he order of the trial may be modified, at the discretion of the judge , if the accused admits the act or omission charged in the complaint or information but interposes a lawful defense. . )he order of trial is intended to safeguard the right of the accused to be presumed innocent until the contrary is proved. #. 1he accused has the right to demand from the prosecution the list of prosecution witnesses, but the prosecution may call witnesses other than as listed even when the latter heard the testimonies of other witnesses. @urthermore, the prosecution has the discretion to choose the order of its witnesses. C. Due Process )he prosecution is entitled to due process. )his means that it must be allowed to completely present its evidence. .ervasive and prejudicial publicity may deprive an accused of his right to a fair trial. )o warrant such a finding, however, there must be allegation and proof that the judge has been unduly influenced. Judges must not only be impartial, but must also appear impartial. 5owever, this does not mean that the judge must remain passive during the proceedings. *t2s the judge2s prerogative and duty to as" clarificatory questions to ferret out the truth.
D. Undue Inter#erence )here is undue interference by the judge if he propounds questions to the witnesses which will have the effect of or will tend to build or bolster the case for one of the parties.
A$$&ic%tion #or E"%min%tion o# Witness #or Accused @e#ore 1ri%& 1he accused may have witnesses conditionally e.amined in his behalf . )he motion shall state: 0ame and residence of the witness 'ubstance of his testimony )he witness is sic" and cannot attend trial or he resides more than 1(( "m from the place of trial and has no means to attend the same )he motion should be supported by affidavit of the accused and such other evidence as the court may require.
Examination of "efense #itnesses

De$osition De#inition, @eposition is the testimony of a witness ta"en upon oral questions or written interrogatories, in open court, but in pursuance of a commission to ta"e testimony issued by a court, or under a general law or court rule on the subject, and reduced to writing and duly authenticated, and intended to be used in preparation and upon the trial of a civil or criminal prosecution. Pur$ose, 1he purpose of ta'ing depositions are to: i. 8reater assistance to the parties in ascertaining the truth and chec"ing and preventing perjury
ii. .rovide an effective means of detecting and exposing false, fraudulent claims and defenses iii. +a"e available in a simple, convenient and inexpensive way, facts which otherwise could not be proved except with greater difficulty iv. <ducate the parties in advance of trial as to the real value of their claims and defenses thereby encouraging settlements v. <xpedite litigation vi. .revent delay vii. 'implify and narrow the issues viii. <xpedite and facilitate both preparation and trial )he court shall issue an order directing that the witness for the accused be examined at a specific date, time and place. )he said order should be served on the prosecutor at least scheduled examination. days before the
Aho should ma"e the examinationF )he examination should be ta"en before a judge or a member of the $ar in good standing so designated by the judge. *t may also be made before an inferior court designated in the order of a superior court.
(ail to %ecure the Appearance of )aterial #itness

*f the court is satisfied upon proof or oath that a material witness will not testify when required, it may order the witness to post bail in such sum as may be deemed proper. *f the witness refuses to post bail, the court shall imprison him until he complies or is legally discharged after his testimony has been ta"en.
E"%min%tion o# Witness #or t!e Prosecution % 1he witness for the prosecution may be conditionally e.amined by the court where the case is pending if said witness is: )oo sic" to appear at the trialB or 5as to leave the .hilippines with no definite date of return. 2. 'uch examination should be in the presence of the accused or in his absence after reasonable notice to attend the examination has been served on him. . <xamination of child witnesses is tac"led under the %ule on <xamination of a ,hild Aitness which too" effect on @ecember 11, 2(((. Joint 1ri%& 1. Ahen two or more defendants are jointly charged with any offense, they shall be tried jointly, unless the court in its discretion upon motion of the prosecution or any of the defendants orders a separate trial.
2. Ahere the conditions are fulfilled, joint trial is automatic, without need for the trial court to issue an order to that effect.
. )he grant of separate trial rests in the sound discretion of the court and is not a matter of right to the accused, especially where it is sought after the presentation of the evidence of the prosecution. *n such separate trial, only the accused presenting evidence has to be present. !nd the evidence to be adduced by each accused should not be considered as evidence against the other accused. St%te Witness 7. Re3uisites to #e a state witness) a. )wo or more persons are jointly charged with the commission of an offense b. )he application for discharge is filed by the prosecution before it rests its case c. !bsolute necessity for the testimony of the accused d. )here is no other direct evidence available for the proper prosecution of the offense e. )estimony of the accused can be substantially corroborated in its material points f. !ccused does not appear to be the most guilty +eans that he does not appear to have the highest degree of culpability in terms of participation in the commission of the offense and not necessarily in the severity of the penalty imposed. )he fact that there was conspiracy does not preclude one from being discharged as a state witness. Ahat the court ta"es into account is the gravity or nature of acts committed by the accused to be discharged compared to those of his co&accused, and not merely the fact that in law the same or equal penalty is imposable on all of them. g. !ccused has not been convicted of any offense involving moral turpitude. 2. )he defense should be afforded opportunity to oppose the motion to discharge an accused to be a state witness. . $ny -uestion against the order of the court to discharge an accused to be used as state witness must be raised in the trial court B it cannot be considered on appeal. ,here there is, however, a showing of grave abuse of discretion , the order of the trial court may be challenged in a petition for certiorari and prohibition. 4. Two t&pes of witness i""unit& a. 1r%ns%ction%& immunit G witness can no longer be prosecuted for any offense whatsoever arising out of the act or transaction. b. Use?And?Deri)%ti)e?Use?Immunit G witness is only assured that his or her particular testimony and evidence derived from it will not be used against him or her in a subsequent prosecution. A% 1he discharge of an accused to be a state witness amounts to an ac-uittal and is a bar to future prosecution for the same offense% Ahere an accused has been discharged to be utili/ed as state witness and he thus testified, the fact that the discharge was erroneous as the conditions for discharge were not complied with did not thereby nullify his being precluded from re&inclusion in the information or from being charged anew for the same offense or for an attempt or frustration thereof, or for crimes necessarily included in or necessarily including those offense.
Mist%;e in C!%r*in* t!e Pro$er O##ense 1. ,hen, at any time before judgment, it becomes manifest that a mista"e has been made in charging the proper offense and the accused cannot be convicted of the offense charged or any other offense necessarily included therein, the said accused shall not be discharged if there appears to be good cause to detain him. &f there appears to be good cause to detain the accused, the court shall commit the accused and dismiss the original case upon the filing of the proper information.
2.
A$$ointment o# Actin* Prosecutor Ahen a prosecutor, his assistant or deputy is disqualified to act, the judge or the prosecutor shall communicate with the 'ecretary of Justice in order that the latter may appoint an acting prosecutor.
E"c&usion o# t!e Pub&ic )he public may be excluded from the courtroom when evidence to be produced is offensive to decency or public morals.
Conso&id%tion o# 1ri%&s o# Re&%ted O##enses 1. 2. ,harges for offenses founded on the same facts or forming part of a series of offenses or similar character may be tried jointly at the court2s discretion. )he purpose of consolidation is to avoid multiplicity of suits, guard against oppression or abuse, prevent delay, clear congested doc"ets, simplify the wor" of the trial court, and save unnecessary cost or expenseB in short, the attainment of justice with the least expense and vexation to the parties litigant. Ahile consolidation of cases and joint trial of related offenses and the rendition of a consolidated decision are allowed, the court cannot convict an accused of a complex crime constitutive of the various crimes alleged in the consolidated cases.
Demurrer to E)idence 1. De#inition: @emurrer to evidence is an objection by one of the parties in an action, to the effect that the evidence which his adversary produced is insufficient in point of law, whether true or not, to ma"e out a case or sustain the issue. $fter the prosecution shall have rested its case, the case may be dismissed in any of the following manner: a. ,ourt on its own initiative can dismiss the case after giving prosecution opportunity to be heard b. !ccused files demurrer with or without leave of court c. *f the demurrer is denied: Aith leave of court, accused can present his evidence Aithout leave of court, accused waives right to present evidence 7. Wit! or Wit!out Le%)e o# Court 5ith leave G if the motion is denied, he can still present evidence 5ithout leave G if the motion is denied, he loses the right to present evidence and the case will be deemed submitted for decision =
!%
#.
&f there are two or more accused and only one of them presents a demurrer to evidence, without leave of court, the trial court may defer resolution thereof until the decision is rendered on the other accused. $n order denying the motion for leave of court to file a demurer shall not be reviewable by appeal or by certiorari before judgment. )his is because demurrer is merely interlocutory.
1.
Reo$enin* o# C%se !t any time before finality of judgment of conviction, judge may, motu proprio or upon motion, with hearing in either case reopen to avoid miscarriage of justice.
RULE /60 JUD+MEN1

Jud*ment 1. De#inition, !djudication by the court that the accused is guilty or not guilty of the offense charged and the imposition of the proper penalty and civil liability, if any. *t is a judicial act which settles the issues, fixes the rights and liabilities of the parties, and determines the proceeding, and is regarded as the sentence of the law pronounced by the court on the action or question before it. Re3uisites, a. Aritten in official language b. .ersonally and directly prepared by the judge c. 'igned by him d. ,ontains clearly and distinctly a statement of the facts and the law upon which it is based $ verbal order does not meet the re-uisites% !s such, it can be rescinded without prejudicing the rights of the accused. *t has no legal force and effect. !rticle M***, 'ection 1#, par. 1 of the ,onstitution requires that the decisions of the court shall contain the facts and the law on which they are based . )he rationale is that the losing party is entitled to "now why he lost, so he may appeal to a higher court.
6.
. 1he judge who penned the decision need not be the one who heard the case% )he judge can rely on the transcript of stenographic notes ta"en during the trial. Contents o# Jud*ment 1. Eegal qualification of the offense constituted by the acts committed by the accused, and the aggravating or mitigating circumstances attending the commission. 2. .articipation of the accused in the commission of the offense, whether as principal, accomplice or accessory . )he penalty imposed upon the accused #. ,ivil liability or damages caused by the wrongful act to be recovered from the accused by the offended party, if there is any, unless the enforcement of the civil liability by a separate civil action has been reserved or waived.
Ac3uitt%& %nd Dismiss%& 1. !cquittal is a finding of not guilty based on the merits, that is, the accused is acquitted because the evidence does not show that his guilt is beyond reasonable doubt, or a dismissal of the case after the prosecution has rested its case and upon motion of the accused on the ground that the evidence produced fails to show beyond doubt that the accused is guilty. 6. Ac3uitt%& )s. Dismiss%& $c-uittal is always based on the merits while in dismissal, there is termination not on the merits and no finding of guilt is made either because the court is not a court of competent jurisdiction, or the evidence does not show that the offense was committed within the territorial jurisdiction of the court, or the complaint or information is not valid or sufficient in form and in substance. 8is"issal "a& a"ount to a ac3uittal) a. 5ere the dismissal is based on a demurrer to evidence b. Ahere the dismissal is based on the denial of the right to a speedy trial #. !cquittal of an accused based on reasonable ground does not bar the offended party from filing a separate civil action based on a quasi&delict. *n fact, the court may hold an accused civilly liable even when it acquits him.
Jud*ment #or 1'o or More O##enses $ complaint or information must charge only one offense . 5owever, if the accused does not object to the duplicity before he enters his plea, he is deemed to have waived the defect. 5e may be found guilty for as many offenses as alleged in the complaint or information as may have been duly proved.
V%ri%nce @et'een A&&e*%tion %nd Proo# 1. +ener%& Ru&e: *f the prosecution proves an offense included in the offense charged in the information, the accused may be validly convicted of such offense proved. 2. Exception: )he general rule does not apply where facts supervened after the filing of the information which changes the nature of the offense. . $n offense charged necessarily includes the offense proved when some of the essential elements or ingredients of the former constitute the latter. #. $n offense charged is necessarily included in the offense proved, when the essential ingredients of the former constitute or form part of those constituting the latter.
Promu&*%tion o# Jud*ment 1. De#inition: .romulgation of judgment in criminal cases is the reading of the judgment or sentence in the presence of the accused and the judge of the court who rendered it. 2. *t is the filing of the decision or judgment with the cler" of court which gives it validity and binding effect.
. +ener%& Ru&e: .romulgation should be made in the presence of the accused and the judge of the court who rendered the decision. #. Exception to the +an%ator& Presence of the Accuse%: a. Ahere the conviction is for a light offense, in which case the accused may appear through counsel or representative 1. *f judgment is one of conviction and the accused is absent without justifiable cause, the court shall order his arrest and he shall lose the remedies available in the %ules against the judgment. =. Ahen the judge is absent or outside the province or city, the judgment may be promulgated by the cler" of court. ?. ! judgment promulgated at a time when the judge who rendered and signed it had ceased to hold office is null and void. Modi#ic%tion o# Jud*ment 1. 6. ! judgment of conviction may be modified or set aside before it becomes final or before appeal is perfected. +ener%& Ru&e) A (u%$"ent #eco"es final) a. after the lapse of the period for perfecting an appealB or b. when the sentence has been partially or totally satisfied or servedB or c. when the accused has waived in writing his right to appealB or d. accused has applied for probation. . Exception) Ahen the @eath .enalty is imposed by the trial court, the ', automatically reviews the decision.
Prob%tion 1. 2. )he period to file an application for probation is after the accused shall have been convicted by the trial court and within the period for perfecting an appeal. .robation is a mere privilege and is revocable before final discharge of the probationer by the court.
RULE /6/ NEW 1RIAL OR RECONSIDERA1ION

2i&in* o# Ne' 1ri%& or Reconsider%tion 1. Hiled by the accused. 2. $efore final judgment of conviction or during appeal. +rounds #or Ne' 1ri%& 7. Errors of law or irre$ularities pre(u%icial to the su#stantial ri$hts of the accuse% a. errors of law or irregularities committed during trial b. rights of the accused errors4irregularities are prejudicial to the substantial
The followin$ are not consi%ere% as irre$ularities) & Eoss of records Cremedy is reconstitution of missing evidenceD & Eoss of stenographic notes Cremedy is reconstruction of the testimony of the witnessD
.. New an% "aterial evi%ence has #een %iscovere% a. evidence discovered after trial b. c. the judgment if admitted The followin$ are not consi%ere% as newl& %iscovere% evi%ence) & !ffidavit of desistance4recantation. & & .roposed testimonies of witnesses. +erely forgotten evidence. evidence could not have been discovered and produced at the trial even with the exercise of reasonable diligence evidence is material and would probably change
!lthough the %ules of ,ourt enumerates only the above two as the grounds for new trial, the case of 5avarra vs% C$ states that if the negligence or mista'e of counsel is so gross as to deprive the client of his right to due process of law, the accused may be entitled to a new trial% +r%nt o# % Ne' 1ri%& is not A$$e%&%b&e> Re&ie# )he grant of a 5ew 1rial is not appealable since it is not a final judgment. )o challenge such grant, a petition for certiorari and prohibition may be filed.
+rounds #or Reconsider%tion 1. <rrors of law in the judgment 2. <rrors of fact in the judgment 2orm o# Motion %nd Notice to Prosecutor 1he motion must: a. $e in writing b. 'tate the grounds on which it is based c. 'upported by affidavits of witnesses Cif based on the ground of newly discovered evidenceD d. $e given to the prosecutor
Effects of Granting a New Trial or *econsideration

1. -riginal judgment shall be set aside. 2. )he case shall be tried de novo and a new judgment be rendered accordingly. . Ahen the new trial is granted on the ground of errors of law or irregularities committed during trial, all proceedings and evidence affected thereby shall be set aside and ta"en anew. )he court may allow introduction of additional evidence. #. Ahen the new trial is granted on the ground of newly discovered evidence, the latter shall be ta"en and considered together with the evidence already in the record.
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Erroneous Ac3uitt%&> Doub&e Jeo$%rd A$$&ies )he case of People vs% Hernando states that erroneous ac-uittal of the accused remains as the final verdict% <rrors or irregularities, which do not render the proceedings a nullity, will not defeat a plea of antrefois ac-uit.
RULE /66 APPEAL

W!o m% %$$e%& !ny party may appeal, unless accused will be placed in double jeopardy. :o' to A$$e%& To the RTC 1. file a 0otice of !ppeal with the court which rendered the judgment 2. serve a copy of the notice upon the adverse party To the CA ,hen *1C e.ercised original jurisdiction: 1. Hile a 0otice of !ppeal with the %), . 'erve a copy of the notice upon the adverse party ,hen *1C e.ercised appellate jurisdiction: & Hollow %ule #2 on .etition for %eview
,an%i$an#a&an 1. when %), exercised original jurisdiction: 2. file a 0otice of !ppeal with the %), a. serve a copy of the notice upon the adverse party b. when %), exercised appellate jurisdiction: c. follow %ule #2 on .etition for %eview ,C 1. where *1C imposes reclusion perpetua or life imprisonment a. file a 0otice of !ppeal with the %),. b. 'erve a copy of the 0otice upon the adverse party !% where *1C imposes death penalty a. automatic review of ', as provided by sec. 1( of %ule 122 6% for C$ decisions a. file an ordinary appeal b% for -uestions of facts and law c. follow %ule #2 on .etition for %eview d% for -uestions of law >all other appeals? e. follow %ule #1 on .etition for %eview on ,ertiorari
W!en %$$e%& to be t%;en $ppeal is ta'en within A days from promulgation of the judgment% )his period shall be suspended from the time a motion for new trial or reconsideration is filed until notice of overruling the motion has been served upon the accused at which time the balance of the period begins to run.
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E##ect o# %$$e%& b %n o# se)er%& %ccused !n appeal ta"en by one or more of several accused shall not affect those who did not appeal, except if the judgment is favorable and applicable to the latter. )he appeal of the offended party from the civil aspect shall not affect the criminal aspect of the judgment. 3pon perfection of the appeal, the execution of the judgment appealed from shall be stayed as to the appealing party.
Wit!dr%'%& o# %$$e%& )he courts may allow the appellant to withdraw his appeal before the record has been forwarded by the cler" of court to the proper appellate court, in which case the judgment shall be final.
%3E< 12 .%-,<@3%< *0 )5< +30*,*.!E )%*!E ,-3%)'
/.
+ener%& Ru&e )he procedure in the %egional )rial ,ourt shall be applicable to the procedure in +etropolitan )rial ,ourts, +unicipal )rial ,ourts, and +unicipal ,ircuit )rial ,ourt. E"ce$tions .articular provision is made applicable only to such courts &n cases governed by the *ule on Summary Procedure !D & criminal case where the penalty prescribed does not exceed = months imprisonment or a fine of .1,((( or both $D & complaint or information filed directly in court without need of a prior preliminary investigation or preliminary examination ,D & case decided based on affidavits submitted by the parties
6.
RULE /65 PROCEDURE IN 1:E COUR1 O2 APPEALS

Court o# A$$e%&s )he ,ourt of !ppeals has no jurisdiction without judgment of conviction. 1he Court of $ppeals shall give precedence in the disposition of appeals of accused who are under detention. *t shall hear and decide the appeal at the earliest practicable time with due regard to the rights of the parties. Judgment of the lower courts shall be reversed or modified only when the ,ourt of !ppeals is of the opinion that error was committed which injuriously affected the substantial rights of the appellant after it examined the record and evidence adduced by the parties. !lthough not often done in the judicial system, the case of People vs% Calayca states that the appellate court may reverse the trial court2s decision on the basis of grounds other than those that the parties raised as errors.
Po'er o# t!e Court o# A$$e%&s
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)he ,ourt of !ppeals may reverse, affirm, or modify the judgmentB increase or reduce the penalty imposedB remand the case for new trial or re&trialB or dismiss the case. *t is discretionary on its part whether or not to set a case for oral argument. &t shall have the power to try cases and conduct hearings, receive evidence and perform any and all acts necessary to resolve factual issues raised in cases:
a. falling within its original jurisdiction b. involving claims for damages arising from provisional remedies, or c. where the court grants a new trial based only on the ground of newly discovered evidence. Huorum %nd Votin* o# t!e Court o# A$$e%&s )hree Justices constitute a quorum for the sessions of a division 3nanimous vote of the Justices of a division shall be necessary to pronounce a judgment or a final resolution. *n the event that there is no unanimous vote, the .residing Justice shall direct the raffle committee of the ,ourt to designate two additional Justices in the division hearing the case and the concurrence of a majority of such division shall be necessary for the pronouncement pf a judgment or final order. 'hould the ,ourt of !ppeals impose the penalty of death, reclusion perpetua, or life imprisonment after discussing the evidence and law involved, the case is certified and immediately elevated to the 'upreme ,ourt for review.
Accused A$$e&&%nt $n accused4appellant may change his theory on appealB thus the case opens the whole action for review on any questioning including those not raised by the parties. ,hen the accused appeals a judgment of conviction , he waives the constitutional safeguard against double jeopardyB but every circumstance in favor of the accused should be considered. <pon the death of an accused pending appeal from his conviction, the criminal action is extinguished, and the civil aspect instituted therewith for recovery of civil liability ex delicto is ipso facto extinguished. )he other party may just file a separate civil case against the estate of the accused who died.
A$$ointment o# Counse& de O##icio ! counsel %e officio is a court appointed lawyer to the accused. 1. He is appointed if it appears from the record of the case that: a. )he accused is confined in prison, b. )he accused is without counsel de parte on appeal, or c. )he accused signed the notice of appeal himself. 2. 5e may be appointed upon the request of an appellant, 1( days from receipt of the notice to file brief and the latter establishes his right to have one. Dismiss%& o# A$$e%& #or Ab%ndonment or 2%i&ure to Prosecute Re3uire"ent a. upon motion of the appellee or motu propio b. with notice to the appellant
9roun%s a. !ppellant fails to file his brief within the time prescribed, except when he is represented by a counsel de oficio. b. !ppellant escapes from prison or confinement, jumps bail, or flees to a foreign country during pendency of the appeal.
Effect & !ppealed judgment becomes final.
Jud*ment o# t!e Court o# A$$e%&sJNe' 1ri%&JReconsider%tion Ahen the entry of judgment of the ,ourt of !ppeals is issued, a certified true copy of the judgment shall be attached to the original record which shall be remanded to the cler" of court from which the appeal was ta"en. )he appellant may move for a new trial any time after the appeal from the lower court has been perfected and before the judgment of the ,ourt of !ppeals convicting him becomes final. ! motion for reconsideration shall be made within 11 days after notice of the decision or final order of the ,ourt of !ppeals.
RULE /6C PROCEDURE IN 1:E SUPREME COUR1
/. Procedure in t!e SC in %$$e%&ed c%ses is t!e s%me %s in t!e CA( un&ess ot!er'ise $ro)ided b t!e Constitution or &%' 6. A c%se m% re%c! t!e SC #or #in%& %d-udic%tion in t!e #o&&o'in* m%nner, Auto"atic review *n all cases where death penalty is imposed by the trial court %ecords shall be forwarded to the ', for automatic review and judgment -r%inar& appeal Ahere penalty imposed is life imprisonment !pplicable also where a lesser penalty is imposed but involving offenses committed on the same occasion or arising out of the same occurrence that gave rise to the more serious offense for which the penalty of death or life imprisonment is imposed &n both cases, case is directly appealable to the ', by filing a notice of appeal Petition for review on certiorari +ener%& Ru&e, judgments of %),s may be appealed to the ', only by petition for review on certiorari in accordance with %ule #1 of the %ules of ,ourt E"ce$tion, ,riminal cases where penalty imposed is life imprisonment or reclusion perpetua 7. A direct %$$e%& to t!e SC on 3uestions o# in crimin%& c%ses in '!ic! $en%&t im$osed is not de%t! or &i#e im$risonment $rec&udes t!e re)ie' o# t!e #%cts 5. Huestions o# &%' %nd #%ct come 'it!in t!e -urisdiction o# t!e CA
##
C. W!en % crimin%& c%se is %$$e%&ed to t!e SC( t!e '!o&e c%se is t!en t!ro'n o$en #or re)ie' *t becomes the duty of the ', to correct errors found in the judgment appealed from ', may correct errors whether they are made the subject of assignments or error or not
D. E##ect o# %$$e%& on t!e b%i& o# t!e %ccused, Ahen accused is charged with offense which under the existing law at the time of its commission and time of application for bail is punishable by a .<0!E)6 E-A<% )5!0 %<,E3'*-0 .<%.<)3! and is out on bail, and after trial is convicted by the trial court of the offense charges or of a lesser offenses than that charged in the complaint or information, he is %&&o'ed to rem%in #ree on !is ori*in%& b%i& $endin* t!e reso&ution o# %$$e%& G unless the proper court directs otherwise Ahen accused is charged with ,!.*)!E -HH<0'< or which under the law at the time of its commission and at the time of the application for bail is punishable by reclusion perpetua and is out on bail, and after trial is convicted by the trial court of a lesser offense than that charged in the complaint or info G s%me ru&e set #ort! in t!e $recedin* $%r%*r%$! s!%&& be %$$&ied> Ahen accused is charged with ,!.*)!E -HH<0'< of an offense which under the law at the time of its commission and at the time of the application for bail is punishable by reclusion perpetua and is out on bail and after trial is convicted by the trial court of the offense charged, && bond is c%nce&&ed and accused shall be placed in confinement pending resolution of his appeal
5hen2 in cri"inal cases pen%in$ appeal #efore the ,C2 accuse% is still on provisional li#ert&2 the ff. rules are lai% %own)
i. ,ourt shall order the bondsman to surrender the accused within 1( days from notice, to the court of origin. $ondsman shall inform this court of fact of surrender. )hen the court shall cancel the bondB ii. %), shall order the transmittal of the accused to the 0ational $ureau of .risons thru the .0. as the accused shall remain under confinement pending resolution of his appealB iii. *f accused G appellant is not surrendered within the aforesaid period of ten C1(D days, his bond shall be forfeited and an order of arrest shall be issued by this court. !ppeal ta"en by the accused shall also be dismissed under 'ec. 9 %ule 12# of %ules of ,ourt as he shall be deemed to have jumped his bail
RE:EARIN+ O2 CRIMINAL CASE IN 1:E SUPREME COUR1

1. ! case is reheard when the court en banc is equally divided in opinion or necessary majority cannot be had. 2. *f rehearing en banc no decision is reached, judgment of conviction of lower court shall be reversed and accused is acquitted.
&f division of opinion or lac' of re-uired votes refers to the propriety of imposing the death penalty, the penalty next lower in degree shall be imposed
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RULE /6D SEARC: AND SEIKURE

1. <lements of a search warrant An order in 'ritin*> Si*ned b -ud*e in t!e n%me o# t!e Peo$&e o# t!e P!i&i$$ines> Comm%ndin* % $e%ce o##icer to se%rc! #or $erson%& $ro$ert > %nd @rin* it be#ore t!e court
2. 0ature of a search warrant It is in t!e n%ture o# crimin%& $rocesses %nd m% #urt!er%nce o# $ub&ic $rosecutions :%)e no re&%tion to ci)i& $rocesses or tri%&s
be in)o;ed on&
in
It is not %)%i&%b&e to indi)idu%&s in t!e course o# ci)i& $roceedin*s> it is not #or t!e m%inten%nce o# %n $ri)%te ri*!t. It is IN1ERLOCU1OR= in c!%r%cter L it &e%)es somet!in* more to be done( t!e determin%tion o# t!e *ui&t o# t!e %ccused
8eneral warrant: A $rocess '!ic! %ut!ori4es t!e se%rc! %nd sei4ure o# t!in*s( in % *ener%& m%nner sei4ed 1!is ;ind o# '%rr%nt is constitution%&& ob-ection%b&e L t!ere#ore VOID 1!is does not s$eci# or describe 'it! $%rticu&%rit t!e t!in*s se%rc!ed %nd
. -bject of a search warrant G to obt%in t!e *oods( %nd brin* t!e $erson in '!ose custod t!e %re #ound( eit!er to be reco*ni4ed %s % 'itness or to be sub-ect to suc! #urt!er $roceedin*s %s t!e ends o# -ustice m% re3uire #. ! search warrant must conform strictly to the requirements of the constitutional and statutory provisions under which it is issued Ot!er'ise( it is VOID 1!e $roceedin*s u$on se%rc! '%rr%nts must be %bso&ute& &e*%& It 'i&& %&'% s be construed strict& tec!nic%& %ccur%c . 'it!out *oin* t!e #u&& &en*t! o# re3uirin*
No $resum$tions o# re*u&%rit %re to be in)o;ed in %id o# t!e $rocess '!en %n o##icer undert%;es to -usti# under it.
1. 'earch distinguished from sei/ure 'earch it is %n e"%min%tion o# % m%n9s !ouse( bui&din*s or ot!er $remises( or o# !is $erson( 'it! % )ie' o# some e)idence o# *ui&t to be used in t!e $rosecution o# % crimin%& %ction #or some o##ense 'it! '!ic! !e is c!%r*ed Ordin%ri& im$&ies % re3uest b %n o##icer o# t!e &%' 'ei/ure it is t!e $! sic%& t%;in* o# % t!in* into custod Contem$&%tes % #orcib&e dis$osition o# t!e o'ner
=. ! good and practical rule of thumb to measure the nearness of time given in the affidavit as to the date of the alleged offense, and the time of ma"ing the affidavit G The nearer the ti"e at
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which the o#servation of the offense is alle$e% to have #een "a%e2 the "ore reasona#le the conclusion of esta#lish"ent of pro#a#le cause ?. .<%'-0!E .%-.<%)6 )- $< '<*N<@ !. Kinds of personal property to be sei/ed: Sub-ect o# t!e o##ense> Proceeds or #ruits o# t!e o##ense> %nd 1!e me%ns used or intended to be used #or committin* %n o##ense Search warrants have been allowed to search for the ff: Sto&en *oods 1!ose su$$osed to !%)e been smu**&ed into t!e countr in )io&%tion o# t!e re)enue &%'s Im$&ements o# *%min* %nd counter#eitin* Lotter tic;ets Pro!ibited &i3uors ;e$t #or s%&e contr%r to &%' Obscene boo;s %nd $%$ers ;e$t #or s%&e or circu&%tion Po'der %nd ot!er e"$&osi)e %nd d%n*erous m%teri%&s so ;e$t %s to end%n*er $ub&ic s%#et S&ot m%c!ines( bein* *%mb&in* de)ices
$. .roperty sei/ed is not required to be owned by the person against whom the search warrant is directed ,. sei/ure could be affected *t s not necessary that there be arrest or prosecution before
@. )he fact that a thing is a corpus delicti of a crime does not justify the sei/ure without a warrant 9. 'ection 2 !rticle *** of the 1:9? ,onstitution is the constitutional basis of the rule on search and sei/ure :. %equisites for the issuance of a valid search warrant a. Probable cause It is suc! #%cts %nd circumst%nces %ntecedent to t!e issu%nce o# t!e '%rr%nt( t!%t %re in t!emse&)es su##icient to induce % c%utious m%n to be&ie)e t!%t t!e $erson %*%inst '!om t!e se%rc! '%rr%nt is %$$&ied( !%d committed( or is %bout to commit( % crime Pro#a#le cause for a search is de#ined %s suc! #%cts %nd circumst%nces '!ic! 'ou&d &e%d % re%son%b& discreet %nd $rudent m%n to be&ie)e t!%t %n o##ense !%s been committed %nd t!%t t!e ob-ects sou*!t in connection 'it! t!e o##ense %re in t!e $&%ce sou*!t to be se%rc!ed. Pro#a#le cause presupposes t!e introduction o# com$etent $roo# t!%t t!e $%rt %*%inst '!om it is sou*!t !%s $er#ormed $%rticu&%r %cts or committed s$eci#ic omissions )io&%tin* % *i)en $ro)ision o# our crimin%& &%'s (Stone!i&& ). Dio;no) Pro#a#le cause is determined in t!e &i*!t o# t!e conditions obt%inin* in *i)en situ%tions( but t!ere is no *ener%& #ormu&% or #i"ed ru&e #or t!e determin%tion o# t!e e"istence o# $rob%b&e c%use. E"istence de$ends o# % &%r*e de*ree u$on t!e #indin* or o# t!e o$inion o# t!e -ud*e conductin* t!e e"%min%tion.
b. ,hich must be determined personally by the judge himself, and not by the applicant or any other personB A -ud*e m% re)erse !is #indin* o# $rob%b&e c%use( $ro)ided t!%t t!e recti#ic%tion is b%sed on sound %nd )%&id *rounds
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1!is re3uirement does not e"tend to de$ort%tion $roceedin*s (Mor%no )s. Vi)o)
c.
Immi*r%tion Commissioner !%s %ut!orit to determine $rob%b&e c%use ONL= #or t!e $ur$ose o# issuin* % '%rr%nt o# %rrest. 1he judge must, before issuing the warrant, personally e.amine in the form of searching -uestions and answers, in writing and under oath, the complainant and any witness he may produce, on facts personally 'nown to themB A$$&ic%tion #or % se%rc! '%rr%nt is !e%rd e"?$%rte( t!ere is neit!er % tri%& nor % $%rt o# t!e tri%& E"%min%tion must be under o%t! %nd m% not be in $ub&ic Exa"ination of witnesses to %eter"ine pro#a#le cause) Jud*e must e"%mine 'itnesses $erson%&& E"%min%tion must be under o%t!> %nd E"%min%tion must be reduced to 'ritin* in t!e #orm o# se%rc!in* 3uestions %nd %ns'ers The test in %eter"inin$ whether the alle$ations in an application for a search warrant are #ase% on personal knowle%$e L s!ou&d not be b%sed on mere !e%rs% ( nor mere sus$icion or be&ie#
d. 1he probable cause must be in connection with one specific offenseB 1!is is to out&%' *ener%& '%rr%nts Ot!er'ise( t!is 'ou&d $&%ce t!e s%nctit o# t!e domici&e %nd t!e $ri)%c o# communic%tion %nd corres$ondence %t t!e merc o# t!e '!ims( c%$rice or $%ssion o# $e%ce o##icers.
e. 1he warrant issued must particularly describe the place to be searched and the persons or things to be sei(edB and 1!is re3uirement is su##icient i# t!e o##icer to '!om t!e '%rr%nt is directed is en%b&ed to &oc%te t!e s%me de#inite& %nd 'it! cert%int . 1!is does not re3uire t!e true &e*%& descri$tion to be *i)en in % re3uired #orm 1!e constitution re3uires t!%t it be % descri$tion '!ic! $%rticu&%r& $oints to % de#inite& %scert%in%b&e $&%ce( so %s to e"c&ude %&& ot!ers. 1!e descri$tion must be so $%rticu&%r t!%t t!e o##icer c!%r*ed 'it! t!e e"ecution o# t!e '%rr%nt 'i&& be &e#t 'it! no discretion res$ectin* t!e $ro$ert to be t%;en. It m% be s%id t!%t t!e $erson to be se%rc!ed is $%rticu&%r& described in t!e se%rc! '%rr%nt '!en !is n%me is st%ted in t!e se%rc! '%rr%nt( or i# n%me is un;no'n( !e is desi*n%ted b 'ords su##icient to en%b&e t!e o##icer to identi# !im 'it!out di##icu&t
f.
1he sworn statements together with the affidavits submitted by witnesses must be attached to the record%
/0. *f the officer follows the command of the warrant, he is protected, but if he exceeds the command, he is not protected by the warrant and he only assumes to act without process !f the officer acts within the co""an% of his warrant2 !e is $rotected e)en i# t!e com$&%int is $ro)en to !%)e been un#ounded. -#e&in$ strictl& the co""an% of his warrant2 he "a& #reak open outer or inner %oors( %nd !is -usti#ic%tion does not de$end u$on !is disco)erin* t!%t #or '!ic! !e is to m%;e t!e se%rc! !f officer is refuse% a%"ittance to the place of %irecte% search after $ivin$ notice of his purpose an% authorit&( !e m% bre%; o$en %n outer or inner door or 'indo'
#9
o# % !ouse or %n $%rt o# % !ouse or %n t!in* to e"ecute t!e '%rr%nt or &iber%te !imse&# or %n $erson &%'#u&& %idin* !im '!en un&%'#u&& det%ined t!erein. 8e"an% is necessar& prior to a #reakin$ in of the %oors2 on& '!ere some $erson is #ound in c!%r*e o# t!e bui&din* to be se%rc!ed.
//. *n searching a house, room or other premises, such shall be done in the presence of a lawful occupant or any member of his family, or in the presence of at least 2 witnesses of sufficient age and discretion, residing in the same locality 1!e se%rc!in* o##icer s!ou&d %&so be consider%te o# t!e $remises se%rc!ed> !e s!ou&d m%r t!e $remises %s &itt&e %s $ossib&e( %nd s!ou&d c%re#u&& re$&%ce %n t!in* !e #inds necess%r to remo)e.
/6. Aarrant must be direct and served in the day time 3.ception: i# %##id%)it %sserts t!%t t!e $ro$ert is on t!e $erson or in t!e $&%ce ordered to be se%rc!ed L !ere( '%rr%nt m% be ser)ed %n time o# t!e d% or ni*!t. 1!e $eneral rule prohi#its search in the ni$ht bec%use sometimes robberies !%$$en( under t!e $retense o# se%rc!es
/7. ! warrant is valid for ten days from its date. !fter such time, it is M-*@ A search warrant cannot #e use% ever&%a& for 7: %a&s2 an% for a %ifferent purpose each %a& L '%rr%nt used to sei4e one t!in* c%nnot be used %s %ut!orit to m%;e %not!er se%rc! 1!is ru&e is NO1 APPLICA@LE '!en t!e se%rc! #or % $ro$ert mentioned in t!e '%rr%nt '%s not com$&eted on t!e d% '!en t!e '%rr%nt '%s issued %nd !%d to be continued t!e ne"t d%
/5. -fficer sei/ing the property under the warrant must give a detailed receipt for the same to the lawful occupant or any member of the family or at least 2 witnesses of sufficient age and discretion residing in the same locality. /C. -fficer must also deliver the property sei/ed to the judge who issued the warrant, with the true inventory, all under oath /D. 'earches incident to lawful arrest 1!is is t!e most im$ort%nt e"ce$tion to t!e necessit #or % se%rc! '%rr%nt 1!is ri*!t inc&udes in bot! inst%nces t!%t o# se%rc!in* t!e $erson '!o is %rrested( in order to #ind %nd sei4e t!e t!in*s connected 'it! t!e crime %s its #ruits or %s t!e me%ns b '!ic! it '%s committed Se%rc! m%de 'it!out % '%rr%nt c%nnot be -usti#ied %s %n incident o# %rrest un&ess t!e %rrest itse&# '%s &%'#u& Se%rc! must be m%de %t t!e $&%ce o# t!e %rrest %nd contem$or%neous 'it! t!e %rrest( ot!er'ise it is not %n incident to t!e %rrest. In ot!er 'ords( % se%rc! is not incident%& to t!e %rrest un&ess t!e se%rc! is m%de %t t!e $&%ce o# %rrest( contem$or%neous& 'it! t!e %rrest. 1!e ri*!t is &imited to t!e time %nd $&%ce o# t!e %rrest
/G. -ther cases where warrantless searches and sei/ures are valid ,earch of "ovin$ vehicles C!ec;$oints %re )%&id (V%&monte c%se) W%rr%nt&ess se%rc! o# %ircr%#ts %s 'e&& %s #is!in* )esse&s bre%c!in* our #is!er &%'s Consente% search without a warrant
#:
,ei*ure of evi%ence in plain view Enforce"ent of custo" laws 3.ception: in % d'e&&in* !ouse Vesse& c%n be 3uic;& mo)ed out o# t!e &oc%&it or -urisdiction in '!ic! t!e se%rc! '%rr%nt must be sou*!t be#ore suc! '%rr%nt cou&d be secured 5hen search is #ase% on pro#a#le cause un%er extraor%inar& circu"stances
/F. 3nreasonable search and sei/ure is such where it is not authori/ed by statute, or where the conditions prescribed by the stature have not been met W!%t constitutes % re%son%b&e or unre%son%b&e se%rc! or sei4ure in %n $%rticu&%r c%se is $ure& % -udici%& 3uestion Such is determinable from a consideration of the circumstances involved, including the ff: 1!e $ur$ose o# t!e se%rc! Presence or %bsence o# $rob%b&e c%use M%nner in '!ic! t!e se%rc! %nd sei4ure '%s m%de P&%ce or t!in* se%rc!ed C!%r%cter o# t!e %rtic&es $rocured.
,earches an% sei*ure insi%e a ho"e are presu"ptivel& unreasona#le Constitution%& $ro!ibition %*%inst un&%'#u& se%rc!es %nd sei4ure %$$&ies %s % restr%int directed on& %*%inst t!e *o)ernment %nd its %*encies t%s;ed 'it! t!e en#orcement o# t!e &%'. !t coul% thus onl& #e invoke% a$ainst the ,tate.
/E. )he legality of a sei/ure can be contested only by the party whose rights have been impaired thereby 1!e ob-ection to %n un&%'#u& se%rc! %nd sei4ure is $ure& $erson%& %nd c%nnot be %)%i&ed b t!ird $%rties The re"e%& for 3uestionin$ the vali%it& of a search warrant can onl& #e sou$ht in the court that issue% it2 not t!e s%&% o# %not!er -ud*e o# concurrent -urisdiction L t!is is done t!rou*! % motion to 3u%s! '%rr%nt o# %rrest -#(ections to the le$alit& of the search warrant an% to the a%"issi#ilit& of the evi%ence o#taine% are %ee"e% waive% '!en no ob-ection to t!e &e*%&it o# t!e se%rc! '%rr%nt '%s r%ised durin* t!e tri%&.
60. )he +oncado %uling, that illegally sei/ed documents, papers and things are admissible in evidence, is already !$!0@-0<@ 1!e e"c&usion o# suc! e)idence is t!e on& $r%ctic%& me%ns o# en#orcin* t!e constitution%& in-unction %*%inst unre%son%b&e se%rc!es %nd sei4ures. 1!e Non4exclusionar& rule is contr%r to t!e &etter %nd s$irit o# t!e $ro!ibition %*%inst unre%son%b&e se%rc!es %nd sei4ures
6/. )hrough %! 0o. #2(( or the !nti&)apping Eaw, tapping of phone wires of the premises of an accused, wherein persons accused of violation criminal laws are engaged in conversation constitutes a violation of the ,onstitutional provision on the right of the people to secure in their persons, papers and effects. RA No. 5600 '%s %$$ro)ed on /E June /EDC
1(
!t also penali*es other acts si"ilar to wire4tappin$ . Some simi&%r %cts %re t%$in* or recordin* con)ers%tions o# $eo$&e( b ot!ers '!o %re not %ut!ori4ed b t!e #ormer to record or t%$e.
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1. 2. . .rovisional remedy is one provided for present need or for the occasion that is one adopted to meet a particular exigencyB )he following are the provisional remedies under the %ules of ,ourt: Att%c!ment (Ru&e CG) In-unction (Ru&e CF) Recei)ers!i$ (Ru&e CE) De&i)er o# $erson%& $ro$ert or Re$&e)in(Ru&e D0) %nd Su$$ort Pendente Lite (Ru&e D/) .urpose of provisional remedies Provisional re"e%ies are applie% pen%in$ liti$ation2 to secure t!e -ud*ment or $reser)e t!e st%tus 3uo !f provisional re"e%ies are applie% to after (u%$"ent( it is in order to $reser)e or dis$ose o# t!e sub-ect m%tter.
#. !lthough civil action is suspended until final judgment in the criminal case, the court is not deprived of its authority to issue preliminary and auxiliary writs which do not go into the merits of the case. Preliminary writs and au.iliary writs referred to are those such as the ff: 1. Pre&imin%r in-unction Att%c!ment A$$ointment o# recei)er 2i"in* %mounts o# bonds
!ttachment is % remed %##orded to t!e o##ended $%rt to !%)e t!e $ro$ert o# t!e %ccused %tt%c!ed %s securit #or t!e s%tis#%ction o# %n -ud*ment t!%t m% be reco)ered #rom t!e %ccused 1his remedy is available in the following cases: W!en %ction #or reco)er is on % c%use o# %ction %risin* #rom &%'( contr%ct( 3u%si?contr%ct( de&ict( or 3u%si?de&ict %nd %ccused is %bout to %bscond #rom t!e P!i&i$$ines> W!en t!e crimin%& %ction is b%sed on % c&%im #or mone or $ro$ert embe44&ed or #r%udu&ent& mis%$$&ied or con)erted to t!e use o# t!e %ccused '!o is % $ub&ic o##icer( or %n o##icer o# % cor$or%tion( or %n %ttorne ( #%ctor( bro;er( %*ent( or c&er;( in t!e course o# !is em$&o ment %s suc!( or b %n $erson in % #iduci%r c%$%cit ( or #or % 'i&&#u& )io&%tion o# dut > W!en t!e %ccused !%s conce%&ed( remo)ed or dis$osed o# !is $ro$ert or is %bout to do so>
11
W!en %ction is %*%inst % $%rt *ui&t o# #r%ud in contr%ctin* t!e debt u$on '!ic! %ction is brou*!t( or in t!e $er#orm%nce o# incurred ob&i*%tion> W!en %ction is %*%inst % $%rt '!o remo)ed or dis$osed o# !is $ro$ert or is %bout to do so( 'it! intent to de#r%ud !is creditors> %nd W!en t!e %ccused resides outside t!e P!i&i$$ines This "a& #e file% at the co""ence"ent of a cri"inal action or at an& ti"e #efore entr& of (u%$"ent %s securit #or t!e s%tis#%ction o# %n -ud*ment t!%t m% be reco)ered in t!e %#orementioned c%ses.
=.
.ublic prosecutor has the authority to apply for preliminary attachment as may be necessary to protect the interest of the offended party
12

Remedial Law) Crim Pro) Memory Aid) Made 2002) by Ateneo) 51 Pages

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REMEDIAL LAW (CRIMINAL PROCEDURE) REVIEWER

RULE //0 PROSECU1ION O2 O22ENSES

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RULE /// PROSECU1ION O2 CIVIL AC1ION

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Except in the followin$ instances)

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RULE //6 PRELIMINAR= INVES1I+A1ION

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RULE //7 ARRES1

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RULE //5 @AIL

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RULE //C RI+:1S O2 ACCUSED

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RULE //D ARRAI+NMEN1 AND PLEA

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RULE //G MO1ION 1O HUAS:

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11. Remed o# %**rie)ed $%rt

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RULE //F PRE?1RIAL

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RULE //E 1RIAL

Exclusions in the Computation of Time

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Factors for Granting Continuance

Time Limit Following an Order for New Trial

Public Attorne !s "uties #here Accused is $mprisoned

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%anctions $mposed on Pri&ate Counsel' Public Attorne or the Prosecutor

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Examination of "efense #itnesses

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(ail to %ecure the Appearance of )aterial #itness

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RULE /60 JUD+MEN1

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RULE /6/ NEW 1RIAL OR RECONSIDERA1ION

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Effects of Granting a New Trial or *econsideration

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%3E< 12? .%-M'-0!E %<+<@<' 0 ,%+0!E ,!'<'