Professional Documents
Culture Documents
135
CRIMINAL PROCEDURE
Remedies of the offended party if the motion to quash on that ground has
prosecutor refuses to file an been denied.
information:
1. file an action for mandamus, in Section 2. Form of the complaint or
case of grave abuse of information.
discretion;
2. lodge a new complaint before FORM
the court having jurisdiction 1. In writing;
over the offense; 2. In the name of the People of the
3. take up the matter with the Philippines; and
Secretary of Justice in 3. Against all persons who appear
accordance with the Rev. to be responsible for the offense
Administrative Code; involved.
4. institute an administrative Section 3. Complaint defined.
charges against the erring
prosecutor; and A Complaint is:
5. file criminal action against the 1. a sworn written statement;
prosecutor with the 2. charging a person with an
corresponding civil action for offense;
damages. 3. subscribed by the offended
party, any peace officer or other
May Injunction Issue to Restrain public officer charged with the
Criminal Prosecution? enforcement of the law violated.
GENERAL RULE: Criminal prosecutions
may NOT be restrained or stayed by The complaint mentioned in this section
injunction, preliminary or final. The refers to one filed in court for the
reason being, public interest requires commencement of a criminal
that criminal acts be immediately prosecution for violation of a crime,
investigated and prosecuted for the usually cognizable by municipal trial
protection of the society (Domingo vs. courts as well as to a complaint filed by
Sandiganbayan, 322 SCRA 655). an offended party in private crimes or
EXCEPTIONS: those which cannot be prosecuted de
1. To afford adequate protection to the officio.
constitutional rights of the accused;
2. When necessary for the orderly REQUISITES OF A COMPLAINT:
administration of justice or to avoid 1. it must be in writing and under
oppression or multiplicity of actions; oath;
3. When there is a prejudicial question 2. it must be in the name of the
which is subjudice; People of the Philippines;
4. When the acts of the officer are 3. it must charge a person with an
without or in excess of authority; offense; and
5. When the prosecution is under an 4. it must be subscribed by the
invalid law, ordinance or regulation; offended party, by any peace
6. When double jeopardy is clearly officer or public officer charged
apparent; with the enforcement of the law
7. When the court had no jurisdiction violated.
over the offense;
8. When it is a case of persecution PERSONS WHO CAN FILE A COMPLAINT
rather than prosecution; 1. Offended party
9. When the charges are manifestly 2. Any peace officer
false and motivated by lust for 3. Other public officer charged
vengeance; and with the enforcement of the law
10. When there is clearly no prima facie violated
case against the accused and a
ex. Internal Revenue Officer for prosecuted under the direction and
violation of the NIRC, custom control of the prosecutor.
agents with respect to violations
of the Tariff and Customs Code A PRIVATE PROSECUTOR may be
authorized to prosecute a criminal
Section 4. Information defined. action subject to the following
conditions:
An Information is: 1. the public prosecutor has a
1. an accusation in writing; heavy work schedule, or there is
2. charging a person with an no public prosecutor assigned in
offense; the province or city;
3. subscribed by the prosecutor and 2. the private prosecutor is
filed with the court. authorized IN WRITING by the
Regional State Prosecutor (RSP),
REQUISITES OF AN INFORMATION Provincial or City Prosecutor;
1. it must be in writing; 3. the authority of the private
2. it must charge a person with an prosecutor must be approved by
offense; the court;
3. it must be subscribed by the 4. the private prosecutor shall
fiscal; and continue to prosecute the case
4. it must be filed in court. until the end of the trial unless
the authority is withdrawn or
COMPLAINT INFORMATION otherwise revoked by the RSP,
Subscribed by the Subscribed by the Provincial or City Prosecutor;
offended party, any fiscal and
peace officer or other (indispensable 5. In case of the withdrawal or
officer charged with requirement) revocation of the authority of
the enforcement of the private prosecutor, the same
the law violated must be approved by court.
it may be filed either it is filed with the (Memo Circ. No. 25, April 26,
in court or in the court 2002, Regarding Amendment to
prosecutors office Sec. 5, Rule 110)
must be made under need not be under
oath oath In appeals before the CA and the SC, it is
only the Solicitor General that is
Prosecution in the RTC are always authorized to bring and defend actions in
commenced by information, EXCEPT: behalf of the People of the Philippines
1. in certain crimes against chastity (People vs. Nano, 205 SCRA 155).
(concubinage, adultery,
seduction, abduction, acts of In all cases elevated to the
lasciviousness); and Sandiganbayan and from the
2. defamations imputing any of the Sandiganbayan to the SC, the Office of
aforesaid offenses wherein a the Ombudsman, through its Special
sworn written complaint is Prosecutor shall represent the People of
required in accordance with the Philippines, EXCEPT in cases filed
section 5 of this Rule. pursuant to E.O. Nos. 1, 2, 14 and 14-A,
issued in 1986 (Sec. 4, RA 8249).
Section 5. Who must prosecute
criminal actions. PROSECUTION OF CRIMES AGAINST
FULL DISCRETION AND CONTROL OF CHASTITY
THE PROSECUTOR
All criminal actions commenced by a WHO MAY PROSECUTE
complaint or information shall be 1. Concubinage and adultery only by
the offended spouse who should
have the status, capacity, and legal c) if the offended woman is of age
representation at the time of filing and not otherwise incapacitated,
of the complaint, regardless of age; only she can extend a valid
2. Seduction, Abduction and Acts of pardon.
Lasciviousness prosecuted
exclusively and successively by the The pardon refers to pardon BEFORE
following persons in this order: filing of the criminal complaint in court.
a) by the offended woman Pardon effected after the filing of the
b) by the parents, grandparents or complaint in court does NOT prohibit the
legal/judicial guardians in that continuance of the prosecution of the
successive order offense EXCEPT in case of marriage
c) by the State in the exercise of between the offender and the offended
the right of parens patriae, party.
when the offended party dies or
becomes incapacitated before PARDON vs. CONSENT
she could file the complaint and Consent refers to future acts, while
she has no known parents, pardon refers to past acts of adultery.
grandparents or guardian. The importance of this distinction is that
3. A defamation imputing to a person consent, in order to absolve the accused
any of the foregoing crimes of from liability, is sufficient even if
concubinage, adultery, seduction, granted only to the offending spouse,
abduction, rape or acts of whereas pardon must be extended to
lasciviousness can be prosecuted both offenders
only by the party or parties defamed
(Article 360, last par., Revised Penal The SUBSEQUENT MARRIAGE between the
Code). offended party and the accused
extinguishes the criminal liability of the
If the offended party is of legal age AND latter, together with that of the co-
does not suffer from physical or mental principals, accomplices and accessories.
disability, she alone can file the EXCEPT:
complaint to the exclusion of all others. 1. where the marriage was invalid
or contracted in bad faith in
WHO CAN GIVE PARDON order to escape criminal liability,
1. Concubinage and adultery - only 2. in private libel
the offended spouse, not otherwise 3. in multiple rape, insofar as the
incapacitated, can validly extend the other accused in the other acts
pardon or consent contemplated of rape respectively committed
therein. by them are concerned.
2. Seduction, abduction, and acts of
lasciviousness The ACQUITTAL OR DEATH of one of the
a) the offended minor, if with accused in the crime of adultery does
sufficient discretion, can validly not bar the prosecution of the other
pardon the accused by herself if accused (People vs. Topio, et al., 35
she has no parents or where the Phil. 901). HOWEVER, the death of the
accused is her own father and offended spouse before the filing of the
her mother is dead; complaint for adultery bars further
b) the parents, grandparents or prosecution, BUT if the offended spouse
guardian of the offended minor, died after the filing of the corresponding
in that order, CANNOT extend a complaint, his death will NOT prevent
valid pardon in said crimes the proceeding from continuing to its
WITHOUT the conformity of the ultimate conclusion.
offended party, even if the latter
is a minor; DESISTANCE of complainant does not
bar criminal prosecution but it operates
as waiver of the right to pursue civil The information or complaint must state
indemnity. or designate the following whenever
possible:
Section 6. Sufficiency of complaint or 1. The designation of the offense
information. given by the statute.
2. The statement of the acts or
CONTENTS OF A VALID COMPLAINT OR omissions constituting the
INFORMATION offense, in ordinary, concise and
1. Name of the accused, including particular words.
any appellation or nickname 3. The specific qualifying and
An error in the name of the aggravating circumstances must
accused is not reversible as long be stated in ordinary and concise
as his identity is sufficiently language.
established and this defect is
curable at any stage of the The qualifying and aggravating
proceedings as the insertion of circumstances cannot be appreciated
the real name of the accused is even if proved UNLESS alleged in the
merely a matter of form. information.
2. The designation of the offense
3. The acts or omissions In case of allegation of aggravating
complained of as constituting circumstance of HABITUAL DELINQUENCY,
the offense it should not be generally averred. The
4. The name of the offended party information must specify the requisite
5. The approximate time of the data regarding:
commission of the offense 1. the commission of the crimes;
6. The place wherein the offense 2. the last conviction or release;
was committed 3. the other previous conviction or
release of the accused.
PURPOSE OF THE RULE
1. To inform the accused of the ALLEGATIONS PREVAIL OVER
nature and cause of accusation DESIGNATION OF THE OFFENSE IN THE
against him. INFORMATION
2. To notify the defendant of the
criminal acts imputed to him so It is not the designation of the offense in
that he can duly prepare his the complaint or information that is
defense. controlling (People vs. Samillano, 56
SCRA 573); the facts alleged therein and
Substantial defect in the information not its title determine the nature of the
cannot be cured by evidence that would crime (People vs. Magdowa, 73 Phil.
jeopardize the accuseds right to be 512).
informed of the true nature of the
offense he is being charged with The accused may be convicted of a
crime more serious than that named in
Section 7. Name of the accused. the title or preliminary part if such
crime is covered by the facts alleged in
PURPOSE the body of the information and its
The manifest intent of the provision is to commission is established by evidence
make a specific identification of the (Buhat vs. Court of Appeals, 265 SCRA
person to whom the commission of an 701).
offense is being imputed.
An accused could not be convicted under Section 11. Date of commission of the
one act when he is charged with a offense
violation of another if the change from
one statute to the other involves: GENERAL RULE:
a) a change in the theory of the It is NOT required that the complaint or
trial; information state with particularity the
b) requires of the defendant a PLACE where the crime was committed
different defense; or and the DATE of the commission of the
c) surprises the accused in any way crime.
(U.S. vs. Panlilio, 28 Phil. 603) EXCEPTION:
. If the PLACE/DATE of the commission of
Section 9. Cause of the accusation. the offense constitutes an essential
element of the offense.
PURPOSE
1. to enable the court to pronounce Section 12. Name of the offended
proper judgment; party
2. to furnish the accused with such
a description of the charge as to GENERAL RULE: The offended party
enable him to make a defense; must be designated by name, nickname,
3. as a protection against further any other appellation or by fictitious
prosecution for the same cause. name.
EXCEPTION: In crimes against property,
RULE ON NEGATIVE AVERMENTS the description of the property must
GENERAL RULE: Where the statute supplement the allegation that the
penalizes generally the acts therein owner is unknown.
defined and is intended to apply to all
persons indiscriminately, the information Section 13. Duplicity of offense.
is sufficient even if does not allege that
the accused falls within the excepted There is duplicity when the complaint or
situation, for then the complete information charges 2 or more DISTINCT
definition of the offense is entirely or DIFFERENT offenses.
separable from the exceptions and can
be made without reference to the latter. GENERAL RULE:
In this case, the exception is a matter of A complaint or information must charge
defense which the accused has to prove. only one offense.
EXCEPTIONS:
EXCEPTION: Where the statute alleged 1. Complex crimes
to have been violated applies only to a 2. Special Complex crimes
specific class of persons and to special 3. Continuous crimes or delicto
conditions, the information must allege continuado
facts establishing that the accused falls 4. Crimes of which another offense
within the specific class affected and not is an ingredient
those affected from the coverage of law.
Where negative averment is an essential Should there be duplicity of offense in
element of the crime, it must be proved. the information, the accused must move
for the quashal of the same BEFORE
arraignment
civil liability is instituted in the criminal Civil Code which can be prosecuted even
action pursuant to Rule 111. without reservation.
In BP 22 cases, no reservation to file
EXCEPTIONS: the civil action separately shall be
1. Where from the nature of the allowed.
crime and the law defining and
punishing it, NO civil liability RULES ON FILING FEES OF CIVIL ACTION
arises in favor of the offended DEEMED INSTITUTED WITH THE
party; and CRIMINAL ACTION
2. Where the offended party has 1. NO filing fees are required for
waived his right to civil amounts of ACTUAL DAMAGES,
indemnity OR has expressly EXCEPT with respect to criminal
reserved his right to institute a actions for violation of BP 22, in
civil action OR has already which case, the offended party
instituted said action. shall pay in full the filing fees
based on the face value of the
check as the actual damages;
RULE 111 2. Damages other than actual
PROSECUTION OF CIVIL ACTIONS (moral, exemplary and other
damages) if specified in the
Section 1. Institution of criminal and complaint or information, the
civil actions. corresponding filing fees shall be
paid, otherwise the court will
GENERAL RULE: not acquire jurisdiction over
When a criminal action is instituted, the such damages;
civil action for the recovery of civil 3. Where moral, exemplary and
liability arising from the offense shall be other damages are NOT specified
deemed instituted with the criminal in the complaint or information,
action. the grant and amount thereof
EXCEPTIONS: are left to the sound discretion
1. when the offended party WAIVES of the trial court, the
the civil action corresponding filing fees need
2. when the offended party not be paid and shall simply
RESERVES his right to institute a constitute a first lien on the
separate civil action judgment.
3. when offended party INSTITUTES
A CIVIL ACTION PRIOR to the Counterclaims, cross-claims, third
criminal action. party complaints are no longer allowed
in a criminal proceeding. Any claim
WHEN RESERVATION SHALL BE MADE which could have been the subject
1. before the prosecution starts to thereof may be litigated in a separate
present its evidence and civil action.
2. under circumstances affording
the offended party to a Section 2. When separate civil action is
reasonable opportunity to make suspended.
such reservation.
PRIMACY OF CRIMINAL ACTION OVER
ONLY the civil liability arising from the CIVIL ACTION
crime charged as a felony is now deemed 1. After the filing of the criminal
instituted. Civil liability arising from action, the civil action which has
other sources of obligations are no been reserved CANNOT be
longer deemed instituted like those instituted until final judgment
under Article 32, 33, 34 and 2176 of the has been rendered in the
criminal action.
2. If the civil action is instituted Where the criminal case was dismissed
BEFORE the filing of the criminal before trial because the offended party
action and the criminal action is executed an affidavit of desistance, the
subsequently commenced, the civil action thereof is similarly
pending civil action shall be dismissed.
suspended until final judgment
in the criminal action has been Section 3. When civil action may
rendered. proceed independently.
EXCEPTIONS:
a) In cases of independent civil The institution of an independent civil
actions based upon Arts. 32, 33, action against the offender under
34 and 2176 of the Civil Code; Articles 32, 33, 34 and 2176 of the Civil
b) In cases where the civil action Code may proceed independently of the
presents a prejudicial question; criminal case and at the same time
c) In cases where the civil action is without suspension of either proceeding.
consolidated with the criminal
action; and Recovery of civil liability under Articles
d) Where the civil action is not one 32, 33, 34 and 2176 of the Civil Code
intended to enforce the civil arising from the same act or omission
liability arising from the offense. may be prosecuted separately even
without a reservation. The reservation
ACQUITTAL IN A CRIMINAL CASE DOES and waiver herein refers only to the civil
NOT BAR THE FILING OF THE CIVIL CASE action for the recovery of civil liability
WHERE: arising from the offense charged (DMPI
1. the acquittal is based on Employees Credit Coop vs. Velez, G.R.
reasonable doubt, if the civil No. 129282, Nov. 29, 2001).
case has been reserved
2. the decision contains a PURPOSE
declaration that the liability of To prevent the offended party from
the accused is not criminal but recovering damages twice for the same
only civil in nature and act or omission.
3. the civil liability is not derived
from or based on the criminal Section 4. Effect of death on civil
act of which the accused is actions.
acquitted (Sapiera vs. Court of
Appeals, 314 SCRA 370). AFTER arraignment and during the
pendency of the criminal action -
Extinction of the penal action does not extinguishes the civil liability arising
carry with it the extinction of the civil from the delict.
action, UNLESS the extinction proceeds
from a declaration in a final judgment BEFORE arraignment - the case shall be
that the fact from which the civil DSMISSED without prejudice to any civil
liability might arise did not exist. action the offended party may file
against the estate of the deceased.
The extinction of the civil liability
refers exclusively to civil liability arising However, the independent civil action
from crime; whereas, the civil liability instituted under Section 3 of this Rule or
for the same act considered as a quasi- which thereafter is instituted to enforce
delict is not extinguished even by a liability arising from other sources of
declaration in the criminal case that the obligation may be continued against the
criminal act charged has not happened estate or legal representative of the
or has not been committed by the accused after proper substitution or
accused. against said estate, as the case may be.
If subpoena is issued,
respondent shall submit a
counter-affidavit and other
supporting documents within 10
days from receipt thereof.
Section 3. Procedure The Rules do not require the presence of
the respondent in the Preliminary
Investigation, what is required is that he
Hearing (optional). It shall be held
within 10 days from submission of
counter-affidavits or from the
expiration
REMEDIAL LAWofCthe period of their
OMMITTEE
submission.
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
Resolution of
investigating prosecutor
San Beda College of Law
147
The 5-day period is MANDATORY, failure For cases under the Revised Rules on
to file the motion within the said period Summary Procedure, no warrant shall be
amounts to waiver of the right to ask for issued except where the accused fails to
preliminary investigation. appear after being summoned.
Where the information was amended If the complaint is filed with the
without a new preliminary investigation prosecutor involving an offense
having been conducted, the 5-day period punishable by imprisonment of less than
is computed from the time the accused 4 years, 2 months and 1 day, the
learns of the filing of said amended procedure in Rule 112, Section 3 (a) shall
information. be observed.
Where the trial court has granted a If the complaint is filed with the MTC,
motion for reinvestigation, it must hold the same procedure under Rule 112,
in abeyance the arraignment and trial of Section 3 (a) shall be observed.
the
the accused until the prosecutor shall RULE 113
have conducted and made a report on ARREST
the result of such reinvestigation.
Section 1. Definition of arrest.
Section 11. Right of officer to break Bail -- the security given for the release
into building or enclosure. of a person in custody of the law,
furnished by him or a bondsman,
Requisites before an officer can break conditioned upon his appearance before
into a building or enclosure to make an any court as required under the
arrest: conditions specified by the rule (Sec. 1,
1. That the person to be arrested is Rule 114).
or is reasonably believed to be in
said building;
2. That he has announced his
authority and purpose for A person is in the custody of law when
entering therein; he has been either arrested or otherwise
3. That he has requested and been deprived of his freedom or when he has
denied admittance. voluntarily submitted himself to the
jurisdiction of the court by surrendering
to the proper authorities.
Section 9. Amount of bail; guidelines. The purpose of the rule requiring the
FACTORS TO BE CONSIDERED IN FIXING affidavit of qualification by the surety
THE REASONABLE AMOUNT OF BAIL before the judge, is to enable the latter
(NOT EXCLUSIVE) to determine whether or not the surety
branch of the same court within the amount of the bail, provided such
the province or city. amount would not be excessive. (Sy
2. Whenever the grant of bail is a Guan vs. Amparo, 79 Phil. 670)
matter of discretion, or the
accused seeks to be released on Section 21. Forfeiture of bail.
recognizance,
3. the application therefor may be Within 30 days from the failure of the
filed only in the particular court accused to appear in person as required,
where the case is pending, the bondsmen must:
whether for preliminary A. PRODUCE the body of their
investigation, trial or appeal. principal or give the reason for
4. Any person in custody who is not his non-production; AND
yet charged in court may apply B. EXPLAIN why the accused did not
for bail with any court in the appear before the court when
province, city or municipality first required to do so.
where he is held.
The 30-day period granted to the
Section 18. Notice of application to bondsmen to comply with the two
prosecutor. requisites for the lifting of the order of
Such notice is necessary because the forfeiture cannot be shortened by the
burden of proving that the evidence of court but may be extended for good
guilt is strong is on the prosecution and cause shown.
that the discretion of the court in .
admitting the accused to bail can only ORDER OF FORFEITURE VS. ORDER OF
be exercised after the fiscal has been CONFISCATION
heard regarding the nature of the 1. an ORDER OF FORFEITURE is
evidence in his possession. (People vs. conditional and interlocutory,
Raba, 130 Phil. 384) there being something more to
be done such as the production
Section 19. Release on bail. of the accused within 30 days as
provided by the rules an order of
Once the accused has been admitted to forfeiture is not appealable
bail, h is entitled to immediate release 2. an ORDER OF CONFISCATION is
from custody. An officer who fails or not independent of the order of
refuses to release him from detention the order of forfeiture. It is a
notwithstanding the approval by the judgment ultimately determining
proper court of his bailbond, may be the liability of the surety
held liable under Article 126 of the thereunder, and therefore final
Revised Penal Code for delaying release. and execution may issue at once.
EXCEPTION: If the accused applies for Section 1. Rights of the accused at the
probation he may be allowed temporary trial.
liberty under his existing bail bond, or if
no bail was filed, or is incapable of filing
one, he may be released on
2. he has been duly notified of the ordinary witness who can be cross-
trial examined as to any matter stated in the
3. his failure to appear is direct examination or connected
unjustified therewith (Section 6, Rule 132). His
failure to testify is not taken against him
An escapee who has been duly tried in but failure to produce evidence in his
absentia waives his right to present behalf is considered against him (U.S.
evidence on his own behalf and to vs. Bay, 97 Phil. 495).
confront and cross-examine witnesses
who testified against him. (Gimenez vs. F. RIGHT AGAINST SELF-
Nazareno, 160 SCRA 1) INCRIMINATION
The accused is protected under this rule
D. RIGHT TO COUNSEL from questions which tend to incriminate
The right covers the period beginning him, that is, which may subject him to
from custodial investigation, well into penal liability.
the rendition of the judgment and even
on appeal. (People vs. Serzo, Jr., 274 The right may be waived by the failure
SCRA 553) of the accused to invoke the privilege at
the proper time, that is, AFTER the
If during the investigation the assisting incriminating question is asked and
lawyer left, or come and go, the before his answer;
statement signed by the accused is still
inadmissible because the lawyer should The privilege of the accused to be
assist his client from the time the exempt from testifying as a witness
confessant answers the first question involves a prohibition against testimonial
asked by the investigating officer until compulsion only and the production by
the signing of the extrajudicial the accused of incriminating documents,
confession. (People vs. Morial, 363 SCRA and articles demanded from him. (U.S.
96) vs. Tan Teng, 23 Phil. 145)
The right to counsel and the right to EXCEPTIONS: immunity statutes such as:
remain silent do not cease even after a 1. RA 1379 Forfeiture of Illegally
criminal complaint/information has obtained wealth
already been filed against the accused, 2. RA 749 Bribery and Graft cases
AS LONG AS he is still in custody.
RIGHT OF THE ACCUSED AGAINST SELF-
The duty of the court to appoint a INCRIMINATION VS. RIGHT OF THAT OF
counsel de oficio when the accused has AN ORDINARY WITNESS
no legal counsel of choice and desires to The ordinary witness may be compelled
employ the services of one is to take the witness stand and claim the
MANDATORY only at the time of privilege as each question requiring an
arraignment. (Sec. 6 Rule 116) incriminating answer is shot at him, an
accused may altogether refuse to take
E. TO TESTIFY AS WITNESS IN HIS OWN the witness stand and refuse to answer
BEHALF any and all questions.
A denial of the defendants right to
testify in his behalf would constitute an G. RIGHT TO CONFRONT AND CROSS-
unjustifiable violation of his EXAMINE THE WITNESSES AGAINST HIM
constitutional right. (People vs. AT TRIAL
Santiago, 46 Phil. 734)
Confrontation is the act of setting a
If the accused testifies, he may be cross- witness face-to-face with the accused so
examined but ONLY on matters covered that the latter may make any objection
by his direct examination, unlike an he has to the witness, and the witness
Just in civil cases, the bill of particulars GENERAL RULE: The accused may move
here should be considered an integral to quash the complaint or information at
part of the complaint or information any time BEFORE entering his plea.
which it supplements. EXCEPTION - Instances where a motion
The remedy against an indictment to quash may be filed AFTER plea:
that fails to allege the time of 1. failure to charge an offense
commission of the offense with 2. lack of jurisdiction over the
sufficient definiteness is a motion offense charged
for a bill of particulars, not a 3. extinction of the offense or
motion to quash. penalty
4. the defendant has been in
The failure to ask for Bill of Particulars former jeopardy.
amounts to a waiver of such right.
Motion to Quash Demurrer to
Section 10. Production or inspection of Evidence
material evidence in possession of filed before the filed after the
prosecution. defendant enters his prosecution has
plea rested its case
Section 11. Suspension of arraignment Does not go into the based upon the
merits of the case inadequacy of the
GROUNDS FOR SUSPENSION but is anchored on evidence adduced by
1. the accused appears to be matters not directly the prosecution in
suffering from an unsound related to the support of the
mental condition which question of guilt or accusation
effectively renders him unable innocence of the
to fully understand the charge accused
against him and to plead Governed by Rule governed by Rule 119
intelligently thereto; 117 of the Rules of of the Rules of
2. there exists a valid prejudicial Criminal Procedure Criminal Procedure
question; and
3. a petition for review of the
resolution of the prosecutor is Section 2. Form and contents.
pending at the Department of
Justice or the Office of the FORM AND CONTENTS OF A MOTION TO
President; provided that the QUASH
period of suspension shall not 1. in writing
exceed 60 days counted from the 2. signed by the accused or his
filing of the petition. counsel
3. shall specify distinctly the
factual and legal grounds
RULE 117 therefor.
MOTION TO QUASH
The court shall consider no grounds
Section 1. Time to move to quash. other than those stated in the motion,
EXCEPT lack of jurisdiction over the
Motion to Quash - this presupposes that offense charged and when the
the accused hypothetically admits the information does not charge an offense.
facts alleged, hence the court in A motion to suspend the issuance of a
resolving the motion cannot consider warrant of arrest should be considered
facts contrary to those alleged in the as a motion to quash if the allegations
information or which do not appear on therein are to the effect that the facts
the face of the information, except charged in the information do not
those admitted by the prosecution. constitute an offense.
Section 11. Order of Trial Where the order of the trial set forth
under this section was not followed by
ORDER OF TRIAL: the court to the extent of denying the
1. The prosecution shall present prosecution an opportunity to present its
evidence to prove the charge evidence, the judgment is a nullity.
(People vs. Balisacan)
conviction may be modified or set aside or irregularities are expunged from the
by the court rendering upon motion of record or new evidence is introduced, or
the accused. both steps are taken.
The trial court can validly amend the A motion for new trial or reconsideration
civil portion of its decision within 15 should be filed with the trial court
days from promulgation thereof even within 15 days from the promulgation of
though the appeal had in the meantime the judgment and interrupts the period
already been perfected by the accused for perfecting an appeal from the time
from judgment of conviction. of its filing until notice of the order
overruling the motion shall have been
The trial court may lose jurisdiction over served upon the accused or his counsel.
the judgment even BEFORE the lapse of A motion for the reconsideration of the
15 days: judgment may be filed in order to
1. when the defendant voluntarily correct errors of law or fact in the
submits to the execution of the judgment. It does not require any
judgment; further proceeding.
2. when the defendant perfects his
appeal; A new trial be granted at any time
3. when the accused withdraws his before the judgment of conviction
appeal; becomes final:
4. when the accused expressly 1. on motion of the accused
waives in writing his right to 2. on motion of the court but with the
appeal; consent of the accused
5. when the accused files a petition
for probation. The award of new trial or taking of
additional evidence rests upon the sound
Section 8. Entry of judgment. discretion of the court. (People vs.
Acosta, 98 Phil. 642)
The final judgment of the court is
carried into effect by a process called Once the appeal is perfected, the trial
mittimus. court steps out of the case and the
appellate court steps in. Should it come
Mittimus - A process issued by the court to pass then that during the pendency of
after conviction to carry out the final the appeal, new and material evidence,
judgment, such as commanding a prison for example, have been discovered, the
warden to hold the accused in accused may file a motion for new trial
accordance with the terms of the with the appellate court.
judgment.
Cases when the trial court lose
Section 9. Existing provisions governing jurisdiction over its sentence even
suspension of sentence, probation and before the lapse of 15 days:
parole not affected by this Rule.
1. When the defendant voluntarily
submits to the execution of the
RULE 121 sentence
NEW TRIAL OR RECONSIDERATION 2. When the defendant perfects his
appeal. The moment the appeal
Section 1. New trial or reconsideration. is perfected the court a quo
loses jurisdiction over it, except
New trial - the rehearing of a case for the purpose of correcting
already decided but before the clerical errors.
judgment of conviction therein rendered
has become final, whereby errors of law New Trial Reopening of the
REQUISITES BEFORE A NEW TRIAL MAY Requisites for a motion for new trial or
BE GRANTED ON THE GROUND OF reconsideration: The motion for a new
NEWLY DISCOVERED EVIDENCE: trial or reconsideration shall be:
1. that the evidence was 1. in writing
discovered after trial; 2. filed with the court
2. that such evidence could not 3. State grounds on which it is
have been discovered and based
produced at the trial even with 4. If the motion for new trial is
the exercise of reasonable based on a newly discovered
diligence; evidence, it must be supported
3. that it is material not merely by the affidavits of the witness
cumulative, corroborative or by whom such evidence is
impeaching; and expected to be given, or duly
4. the evidence is of such a weight authenticated copies of
that it would probably change documents which it is proposed
the judgment if admitted. to introduce in evidence.
5. Notice of the motion for new
Mistakes or errors of counsel in the trial or reconsideration shall be
conduct of his case are not grounds for given to the fiscal.
new trial. This rule is the same whether
the mistakes are the result of ignorance, While the rule requires that an affidavit
inexperience, or incompetence. (U.S. vs. of merits be attached to support a
Umali, 15 Phil. 37) motion for new trial based on newly
discovered evidence, yet the defect of
If the incompetence, ignorance or lack of it may be cured by testimony
inexperience of counsel is so great and under oath of the defendant at the
the error committed as a result thereof hearing of the motion. (Paredes vs.
is so serious that the client, who Borja, 3 SCRA 495)
otherwise has a good cause, is
Section 6. Effects of granting a new Any party may appeal from a judgment
trial or reconsideration. or final order, UNLESS the accused will
be placed in double jeopardy.
EFFECTS OF GRANTING A NEW TRIAL OR
RECONSIDERATION Appeal - a proceeding for review by
1. when a new trial is granted on the which the whole case is transferred to
ground of errors of law or the higher court for a final
irregularities committed during the determination
trial, all proceedings and evidence
not affected by the commission of Appeal is not an inherent right of
such errors and irregularities shall convicted person. The right of appeal is
stand, BUT those affected thereby and always has been statutory.
shall be set aside and taken anew.
The court may, in the interest of Only final judgments and orders are
justice, allow the introduction of appealable.
additional evidence.
2. When a new trial is granted on the EFFECT OF AN APPEAL
ground of newly discovered An appeal in a criminal case opens the
evidence, the evidence already whole case for review and this includes
taken shall stand, and the newly the review of the penalty, indemnity,
discovered and such other evidence and the damages involved. Consequently,
as the court may, in the interest of on appeal, the appellate court may
justice, allow to be introduced, shall increase the penalty, indemnity, or the
be taken and considered together damages awarded by the trial court,
with the evidence already in the although the offended party had not
record. appealed from said award, and the party
3. In all cases, when the court grants who sought a review of the decision was
new trial or reconsideration, the the accused.
original judgment shall be set aside
and a new judgment rendered Final judgment Final Order
accordingly. a judgment which disposes of the whole
would become final subject matter or
The effect of the granting of a new trial if no appeal is taken terminates a
is not to acquit the accused of the crime particular issue
of which the judgment finds him guilty, leaving nothing to be
but precisely to set aside said judgment done but to enforce
so that the case may be tried de novo as by execution what
if no trial had been before. has been determined
The appellee may waive his right to a in which case the judgment shall become
notice that an appeal has been taken. final.
HOWEVER, the appellate court may, in
its discretion, entertain an appeal The court may also, in its discretion,
notwithstanding failure to give such allow the appellant to withdraw his
notice if the interests of justice so appeal, PROVIDED a motion to that
require. (Llamas vs. Moscoso, 95 Phil. effect is filed BEFORE the rendition of
735) the judgment in the case on appeal.
7 copies of the brief shall be filed within Issues that were never raised in the
30 days from receipt by the appellant or proceedings before the trial court
cannot be considered and passed upon
on appeal.
his counsel of the notice from the clerk
of court of the Court of Appeals that the Section 8. Dismissal of appeal for
evidence, oral and documentary, is abandonment or failure to prosecute.
already attached to the record.
GROUNDS FOR DISMISSAL OF APPEALS
Brief - literally means a short or 1. Failure on the part of the
condensed statement. The purpose of appellant to file brief within the
the brief is to present to the court in reglementary period, except
concise form the points and questions in when he is represented by a
controversy, and by fair argument on the counsel de oficio;
facts and law of the case, to assist the 2. Escape of the appellant from
prison or confinement;
3. When the appellant jumps bail; The findings of the judge who tried the
and case and heard the witnesses are not
4. Flight of the appellant to a disturbed on appeal.
foreign country during the EXCEPTION:
pendency of the appeal. When it is shown that the trial court has
overlooked certain facts of substance
DISMISSAL OF APPEAL; NEED OF NOTICE and value that, if considered, might
TO APPELLANT affect the result of the case. (People vs.
The Court of Appeals may dismiss motu Cabiling, 74 SCRA 285)
propio or on motion by appellee an
appeal for failure on the part of the The reversal of judgments entered in the
appellant to file his brief on time, BUT it court below is prohibited, EXCEPT for
must have a notice served upon the prejudicial error that which tends to
appellant of the action to be taken by prejudice a substantial right of a party
said court before dismissing motu propio to the proceedings.
the appeal.
Section 11. Scope of Judgment.
Effect of Escape of Accused; The appeal confers upon the appellate
Abandonment of Appeals court full jurisdiction and renders it
1. If the convict escapes from competent to examine the records,
prison or confinement or refuses revise the judgment appealed from,
to surrender to the proper increase the penalty and cite the proper
authorities, jumps bail or flees provision of the law.
to a foreign country he is
deemed to have abandoned his An invocation of the constitutional
appeal AND the judgment of the immunity from double jeopardy will not
court below becomes final. lie in case of appeal by the accused. The
2. In that case, the accused cannot reason being that when the accused
be afforded the right to appeal appeals from the sentence of the trial
UNLESS (a) he voluntarily court, he waives the constitutional
submits to the jurisdiction of the safeguard against double jeopardy and
court or (b) is otherwise arrested throws the whole case open to the
within 15 days from notice of the review of the appellate court.
judgment against him.
Section 12. Power to receive evidence.
Section 9. Prompt disposition of cases.
PURPOSE
It is discretionary for the appellate court To speed up the disposition of court
whether to order a hearing of the case cases.
before it or decide the appeal solely on
the evidence submitted to the trial
court.
If the Court of Appeals chose not to hear Other powers of the Court of Appeals:
the case, the Justices composing the 1. to try cases and conduct
division may just deliberate on the case, hearings;
evaluate the recorded evidence on hand 2. receive evidence;
and then decide it. 3. perform any and all acts
necessary to resolve factual
Section 10. Judgment not to be issues raised in cases:
reversed or modified except for a. falling under its original and
substantial error. appellate jurisdiction;
GENERAL RULE:
The copy of the entry serves as the Cases involving both questions of law
formal notice to the court from which and fact come within the jurisdiction of
the appeal was taken of the disposition the Court of Appeals.
of the case in the appellate court, so
that the judgment may be executed Appeal to the SC is NOT A MATTER OF
and/or placed or noted in the proper RIGHT, but a matter of sound judicial
file. discretion. The prescribed mode of
appeal is by certiorari.
Sec. 18. Application of certain rules in
civil to criminal cases. Section 2. Review of decisions of the
Court of Appeals.
The corresponding amendment was
made pursuant to the changes GENERAL RULE: Findings of fact in the
introduced under the 1997 Rules of CA is conclusive upon the SC
Procedure. EXCEPTIONS:
1. when the conclusion is a finding
Rule 47 (Annulment of Judgments of grounded entirely on
Final Judgment and Resolutions) DOES speculation, surmises or
NOT APPLY TO CRIMINAL CASES. The conjectures
appropriate remedy for lack of 2. when the inference made is
jurisdiction or extrinsic fraud is manifestly absurd, mistaken or
CERTIORARI (Rule 65) or HABEAS impossible
CORPUS (Rule 102). 3. when there is grave abuse of
discretion in the appreciation of
facts
RULE 125 4. when the judgment is
PROCEDURE IN THE SUPREME COURT premised on a misapprehension
of facts
Section 1. Uniform Procedure. 5. when the findings of fact are
The procedure in the Supreme Court in conflicting
original, as well as in appealed cases, is 6. when the Court of Appeals in
the same as in the Court of appeals, making its findings went beyond
EXCEPT when otherwise provided by the the issues of the case and the
Constitution or the law. same is contrary to the
admissions of both appellant and
A case may reach the Supreme Court in appellee
the following manner: 7. when certain material facts
1. automatic review and circumstances had been
2. ordinary appeal overlooked which, if taken into
3. petitioner for review on account would after the result as
certiorari it would give rise to reasonable
doubt to acquit the accused.
Kinds of property to be seized by virtue A search warrant shall not issue but upon
of a warrant: probable cause in connection with one
1. subject of the offense; specific offense.
2. proceeds or fruits of the offense;
Rule 127
of another judge of concurrent PROVISIONAL REMEDIES IN CRIMINAL
jurisdiction. Except where there is CASES
already a case filed, the latter shall
acquire jurisdiction to the exclusion of Section 1. Availability of provisional
other courts. remedies.
protection of their rights or interests the criminal action may make such an
and for no other purposes during the application in behalf of or for the
pendency of the action. protection of the interest of the
2. They are applied to a pending offended party.
litigation for the purpose of securing
the judgment or preserving the It was held by the Supreme Court that
status quo, and in some cases after the public prosecutor has the authority
judgment, for the purpose of to apply for preliminary attachment as
preserving or disposing of the may be necessary to protect the interest
subject matter. of the offended party.