Criminal Procedure A complaint or information is sufficient in form if it

states: [N.D.A.N.A.P.]
1. The Name of the accused
Introduction:
2. The Designation of the offense given by the statute
3. The Acts or omissions complained of as constituting
Etymology: Krimea [Greek]: meaning, to charge a
the offense
wrongdoing
4.The Name of the offended party
5. The Approximate date of the commission of the
Criminal Procedure
offense
The method prescribed by law for the apprehension and
6. The Place where the offense was committed.
prosecution of persons accused of any criminal offense,
and their punishment, in case of conviction.
A complaint or information is sufficient in substance if it
doesnt contain any of the defects which is a ground for
It is concerned with the procedural steps through which
a motion to quash. (Section 3, Rule 117)
a criminal case passes, commencing with the initial
investigation of a crime and concluding with the
Note: A motion to quash, once granted, is equivalent
unconditional release of the offender.
to dismissal (but not acquittal).
It is a generic term used to describe the network of laws
Remedy if a complaint or information is defective:
and rules which govern the procedural administration of
I. If defective in form
criminal justice.
a) court may dismiss the complaint or information
motu propio or upon motion, or
Criminal Jurisdiction
b) accused may move for a BILL OF PARTICULARS
The authority to hear and decide a particular offense
II. If defective in substance No obligation is imposed
and impose punishment for it. It has three requisites,
on the judge to point out the duplicitousness or other
namely:
defect in the indictment on which an accused is being
arraigned. It is for the accused to move for a motion to
Subject matter cases of the general class where the
quash on the ground that the complaint or information
proceedings in question belong as determined by the
charges more than one offense, under sanction of
nature of the offense and by the penalty imposed by
waiver and loss of ground of objection (Concurring
law;
opinion of CJ Narvasa, People v. Bartulay, 192 SCRA
Territory the geographical limits of the territory over
632)
which the court presides and where the offense was
committed; and
Note: For certain classes of Actions, it is the tribunal
Person of the accused acquired thru: a) arrest [with
having jurisdiction which automatically determines
warrant or warrantless] or b) voluntary surrender.
whether or not the papers are in order before giving it
due course, meaning, it satisfies itself if the complaint
I. Prosecution of Offenses
or information is sufficient in form and in substance.
How instituted?
Examples:
By filing the: 1) Complaint, or 2) Information.
Articles of Impeachment in an impeachment
proceedings Presidential Election Protest
Complaint
A sworn written statement charging a person with an
This is not so in criminal proceedings. It is incumbent
offense Executed and Subscribed by the O.P.A.O.
upon the accused to object on substantive defects
[Offended Party, Any peace officer, or Other public
(People v. Bartulay, supra).
officer charged with the enforcement of the law
violated]. May be filed in the prosecutors office or
Query:
directly to the court
JP was charged for indiscriminate firing. He claimed that
Information
he has to fire his gun in self-defense because there was
1.An accusation in writing
an actual threat on his person and the firing of warning
2. Subscribed by the Prosecutor
shots was reasonably necessary in order to prevent or
3.Filed with the court
repel the unlawful aggression directed against him.
Despite this, the fiscal went on to file the information in
Both are:
court. May JP claim that the information, though
1. In writing
sufficient in form, is defective in substance? Why?
2. In the name of the People of the Philippines
3. Directed against all persons who appear to be
No. JP cannot claim that the information is defective in
responsible for the offense involved.
substance. This is so because self-defense is not a
ground for a motion to quash but a matter of defense. If
Elements of a complaint or information:
proven, self-defense is a basis for acquittal, not
1. Formal elements, and
dismissal.
2. Substantive elements.
Any explanation or defense which the defendant may
It must be:
want to invoke can be properly raised during trial
1. Sufficient in form, and
(Galvez v. CA, 237 SCRA 685).
2. Sufficient in substance
Distinction between Acquittal and Dismissal:
Thus, under Section 14, of Rule 110, a complaint or
1. Acquittal is based on MERITS of the case
information may be amended, in form and in substance.
(substantive) ex: accused A was found innocent of
killing B.
2. Dismissal is based on TECHNICALITY (procedural) ex:
the crime has already prescribed.
Notes:
1. There are certain classes of offenses that cannot be
prosecuted de officio 1private offenses, i.e. adultery,
concubinage, etc. and 2private libels, i.e. defamation
imputing private offenses.
2. For some offenses, there are conditions precedents
before plaintiff can repair to the courts for redress [i.e.
those requiring mediation at the lupong
tagapamayapa]. However, non-compliance of this rule
is not jurisdictional. The failure of the plaintiff to comply
with the conciliation requirement of Sec. 40 under the
Local Government Code of 1991 does not affect the
Courts jurisdiction if no timely objection is made [San
Miguel Village School v. Pundogar, 173 SCRA 704, Bejar
v. CA, 169 SCRA 566].
3. All criminal actions, whether commenced by filing
of complaint or information, are under the direct control
of the prosecutor.
Queries:
I. A, B, C, D were charged with homicide. Preliminary
investigation was conducted by the fiscal who found
sufficient evidence against all, but, according to his
determination, D was the least guilty. So, the fiscal filed
the information only against A, B, and C leaving out D
whom he would utilize as state witness. Is the fiscal
correct?
Under the Rules of Court, the fiscal cannot exclude D
without court approval. It would be a grave abuse of
discretion on the part of the court in not including D in
the information because of the prosecutors finding that
there is sufficient evidence against all. There was no
more necessity to utilize D as a state witness.
Exeption:
Under the Witness Protection Act, the prosecutor has
the discretion of discharging an accused as a state
witness and no court approval is necessary.
II. Is designation of the offense an essential element of
the complaint or information? Why? Give the exception,
if any.
No. Because in case of conflict between the designation
of the offense and the allegations, the allegation
prevails.
The exception is when the allegation is so ambiguous
that it may be interpreted to mean either one or another
offense, then the designation of the offense is
controlling (Case of US v. Dixon, where the designation
is for trespassing but the allegations indicates either
trespassing or a possible attempted rape).
II. Prosecution of Civil Action
Basis:
Art. 100, RPC - Every person criminally liable is also
civilly liable
Generally, when a person commits a crime, he offends
two entities, namely:
1) The State [whose laws he violated]; and
2) The individual [whose person, right, honor, chastity,
or property was actually or directly injured or damaged
by the same acts or omissions].
Exception:
When the infraction falls under the class of offenses
called victimless crimes like gambling, betting on illegal
cock fights, drug addiction, prostitution, etc. etc. under
the theory that the offender himself is his own victim.
Sec. 1, Rule 111 - When a criminal action is instituted,
the civil action for the recovery of civil liability is
deemed instituted with the criminal action unless the
offended party: Waives the civil action;
Reserves the right to institute it separately; or
Institutes the civil action prior to the criminal action
Principle of proferrence of criminal action over civil
action: After the criminal action has been commenced,
the separate civil action arising therefrom cannot be
instituted until final judgment has been entered in the
criminal action.
If the criminal action is filed after the said civil action
has already been instituted, the latter shall be
suspended in whatever stage it may be found before
judgments on the merits xxx.
Reason for the rule:
Criminal action is based on an offense committed
against the laws of the State while civil action is based
on an injury to individual rights. Public interest is
superior over private one.
Exception to the rule of proferrence of criminal action
over civil action When the independent Civil Action is
based on Articles 32, 33, 34 and 2176 of the Civil Code.
When there is a prejudicial question in the civil case that
must be decided first before the criminal action can
proceed because the decision in the civil action is vital
to the judgment of the criminal case.
Elements of Prejudicial Question:
The previously instituted civil action involves an issue
similar or intimately related to the issue raised in the
subsequent criminal action, and The resolution of such
issue determines whether or not the criminal action may
proceed.
Queries:
1. Nobern married Armie on 2005. On 2006, Nobern
married X. On 2007, Armie filed a criminal case for
bigamy against Nobern. On 2008, X filed a civil case for
annulment against Nobern on the ground that their
marriage was void ab initio for having been contracted
during the subsistence of Noberns prior marriage to
Armie without X knowing it.
Is there a prejudicial question? Why?
2. Nobern married Armie on 2005. On 2006, Nobern
married X because X threatened to kill him unless he
marries X. On 2007, Nobern filed an annulment against
X on the ground of threat and intimidation. On 2008,
Armie filed a criminal case for bigamy against Nobern
upon learning of Noberns marriage to X.
Is there a prejudicial question? Why?
Note:
Prejudicial question is subject to the principle that he
who comes into court must come with clean hands. The
accused cannot be permitted to use the law in order to
frustrate the ends of justice. Good faith or bad faith is
important.

III. Preliminary Investigation
Defined
It is an inquiry or proceeding to determine whether
there is sufficient ground to engender a well-founded
belief that a crime has been committed and the
respondent is probably guilty thereof, and should be
held for trial.
When required?
Before the filing of complaint or information for an
offense where the penalty prescribed by law is
imprisonment of at least 4 years, 2 months and 1 day,
without regard to fine.
When NOT REQUIRED:
In cases where the penalty imposed by law is NOT at
least 4 years, 2 month, & 1 day
In case of a valid warrantless arrest [shall proceed in
inquest]
Officers authorized to conduct PI
Provincial or City Prosecutors and their assistants;
National and Regional State Prosecutors; and
Other officers as may be authorized by law [COMELEC
during Election Period, Ombudsman, etc.]
Note: Effective 2004, judges of the lower court canno
longer conduct Preliminary Investigations.
Rules:
1. The complaint must be sufficient in form [See notes
in Prosecution of Offenses, supra]
2. Supported by affidavits of the complainant and his
witnesses
3. Numbers of copies are proportionate to the number
of respondents plus 2 official copies
1. Within 10 days after the filing, fiscal determines if
there is prima facie case. If no dismiss. If yes issue
subpoenas.
2. Within 10 days after receipt of subpoena with the
complaint and supporting affidavits and documents
respondent submits counter affidavits.
3. In case respondent cannot be subpoenaed or does
not submit counter affidavit within 10 days
investigating officer resolves the complaint on the basis
of evidence presented by complainant.
Clarificatory hearing if there are facts and issues to be
clarified from a party or witness - within 10 days after
submission of counter affidavit. No direct examinations.
Questions must be addressed to the fiscal.
Resolution within 10 days after the investigation.
Forwarding of fiscals resolution to superiors within 5
days
Superiors shall act on the resolution within 10 days
IV. Arrest
Defined:
1. [Based on Rules of Court] The taking of a person in
custody in order that he may be bound to answer for
the commission of an offense (Sec. 1, RRC)
2. [Based on Jurisprudence] A restraint on person,
depriving one of his own will and liberty, binding him to
become obedient to the will of the law (Larraaga v. CA,
92 SCAD 605)
How made:
As to the manner of enforcement, by:
1) Actual restraint, or
2) Submission to the custody of the person making
arrest
As to the presence or absence of judicial order:
1) By virtue of a warrant, or
2) Warrantless arrest, in cases allowed by the Rules
As to the person arresting:
1) Arrest by peace officer, or
2) Citizens arrest
When warrantless arrests allowed:
1. Inflagrante Delicto arrest when in his presence, the
person to be arrested has:
Committed
Is actually committing an offense
Is attempting to commit
Translation: In flagrante delicto [latin] Literally,
caught in the act of wrong.
2. Hot Pursuit arrest when an offense has just been
committed and he has probable cause to believe based
on personal knowledge of facts or circumstances that
the person arrested has committed it.
Tests in determining probable cause based on personal
knowledge:
Must be based on the senses, i.e. 1) Sight
2) Hearing
3) Smell
Notes:
A. The arresting officer must have personal knowledge
of the commission of the crime through his senses. He
cannot fish for evidence first and afterward make the
arrest.
B. The term personal knowledge excludes hearsay as a
basis for probable cause.
C. There must first be a lawful arrest before any search
may be conducted. The process cannot be reversed
(Dissent of Chief Justice A. Narvasa, People v.
Malmstedt). Exception: in case of valid warantless
searches (Majority opinion, People v. Malmstedt, 198
SCRA 401).
D. For purposes of arrest Officer may break into any
building or enclosure where the person to be arrested is
or is reasonably believed to be, if he is refused
admittance thereto, after announcing his authority and
purpose (Sec. 11, RRC).
E. For purposes of search and seizure he cannot break
into any building or enclosure without violating the right
of privacy. Exceptions: 1) When there is consent
(Dissent of Justice I. Cruz, People v. Evaristo, 216 SCRA
431). 2) When there is a warrant.
3. Arrest of fugitives from justice persons who has
escaped from a penal establishment, place of
confinement etc. while serving sentence, temporarily
confined, or case is still pending may be arrested
under the theory that he is engaged in the commission
of a continuing offense (Parulan v. Director of Prisons,
22 SCRA 639).
Methods of Arrest:
I. With warrant, by officer:
The officer shall inform the person of:
1) the cause of the arrest
2) fact that warrant exist
Exception:
1) When he flees or forcibly resist before 1 & 2 is
completed
2) When the giving of info will imperil the arrest
II. Without warrant, by an officer and by private
persons:
Inform the person of
1) authority and cause of arrest [if person arresting is
police officer] or 2) intent to arrest and cause [if person
arresting is private person]
Unless when the person to be arrested is either:
1) Engaged in the commission of the offense
2) Is pursued immediately after its commission
3) Has escaped, flees or forcibly resist before the officer
or the private person making the arrest has the
opportunity to inform him of 1 & 2, or
4) When the giving of info would imperil the arrest
Tests in determining lawfulness of USE OF LETHAL
FORCE by the arresting officer:
1) Test of reasonability conduct of the arresting officer
is examined.
Where the precipitate action of the arresting officer
resulted in the loss of a human life and there exists no
circumstances whatsoever justifying the shooting of a
person who is asleep, even if he is a notorious criminal
condemnation, and not condonation should be the rule
(People v. Oanis, 74 Phil. 257).
2) Test of necessity conduct of the person arrested is
examined.
Where the arrested person attempts to flee, struck a
policeman with his fists, draw a mess knife and attacked
another policeman, the arresting officer is not required
to afford him a fair opportunity for equal struggle. A
police officer, in the performance of his duty, must stand
his ground and cannot, like private individual, take
refuge in flight. His duty requires him to overcome the
offender (US v. Mojica, 42 Phil 784).
V. Bail
Kinds of bail bonds:
1. cash bond
2. property bond
3. surety bond
4. recognizance
Defined:
The security given for the release of a person in custody
of the law, furnished by him or a bondsman, to
guarantee his appearance before any court as required
under the conditions of law.
Generally:
The right to bail only accrues when a person is under
custody. Court must have jurisdiction over the person of
the accused either thru: 1) arrest, with or without
warrant, or 2) voluntary surrender.
Exception:
When the person under investigation cannot personally
appear because he is hospitalized but applies for bail
through his counsel, he is deemed to be under the
constructive custody of the law (Dinapol v. Baldado, 225
SCRA 110, Paderanga v. CA, 247 SCRA 741).
Where to apply?
In the court where the case is pending (if not yet filed,
may be filed before any court).
Conditions for bail:
See Sec. 2, Rule 114
Bail, a matter of right:
1. Before or after conviction by MTC, MTCC or MCTC
2. Before conviction by RTC of an offense not punishable
by death, reclusion temporal, or life imprisonment
Bail, a matter of discretion:
1. Upon conviction of RTC of an offense not punishable
by death, reclusion perpetua, or life imprisonment.
2. Before conviction for capital offenses [punishable by
death], or an offense punishable by reclusion perpetua
or life imprisonment, when evidence of guilt is not
strong. (Bail is neither a matter of right nor a matter of
discretion only in cases where the evidence of guilt is
strong).
Bail granted in capital offenses despite findings that
evidence of guilt is strong (Cited in Cruz, Constitutional
Law, 2003 Ed.):
De la Rama v. Peoples Court, 77 Phil. 461 accused was
granted bail due to tuberculosis that requires
confinement to the hospital.
People v. Sison, GR 398, September 19, 1946
humanitarian reasons considered by SC.
Notes:
1. The right to bail flows from the presumption of
innocence. This is so because accusation is not
synonymous with guilt.
2. In deportation proceedings, bail is not a matter of
right but of discretion on the part of the Commissioner
of Immigration and Deportation (Harvey v. Defensor-
Santiago, 162 SCRA 398).
3. Bail is not available to military facing court martial
proceedings (Commendador v. De Villa, 200 SCRA 80).
4. I extradition proceedings, bail may be granted
provided the accused undertake to submit himself to the
jurisdiction of the court and provided further that he is
not a flight risk (Govt. of Hong Kong v. Judge Olalia,
2007)
VI. Rights of the accused
Rights may be waived, unless the waiver is contrary to
law, public order, public policy, morals, or good customs
or prejudicial to a third person with a right recognized
by law (Art. 6, NCC).
In all criminal prosecutions, the accused shall be entitled
to the following rights:
Key: [PIPTEC CoSpA]
P resumed innocent
I nformed of the nature of the cause and accusation
P resent in person and by counsel
T estify in his own behalf
E xempt from being compelled to be a witness against
himself
C onfront witnesses
C ompulsory process to secure attendance of
witnesses and production of other evidence
S peedy, impartial and public trial
A ppeal
1) To be presumed innocent until the contrary is proved
beyond reasonable doubt.
Hierarchy of proof [according to degree of
persuasiveness]:
Absolute certainty ultimate truth [not required in any
legal proceeding]
Moral certainty passed the test of human experience
[i.e., guilt beyond reasonable doubt, conclusive
presumptions]
Relative certainty so called because a higher degree of
proof exists [i.e., preponderance of evidence, probable
cause, substantial evidence, disputable or prima facie
presumptions]
Notes:
The starting point is the presumption of innocence (See:
Section 3, Par. (a), Rule 131, RRC)
It is incumbent upon the prosecution to demonstrate
culpability. The burden of proof lies in the prosecution.
Unless guilt beyond reasonable doubt is established, the
accused need not prove his innocence.
Burden of proof the duty of the affirmative to prove
what it alleges. (Africa, The Art of Argumentation and
Debate). Absolute certainty is not demanded by the law
to convict but only moral certainty.
2) To be informed of the nature and cause of the
accusation against him.
Essential to avoid surprise and to afford him the
opportunity to prepare his defense accordingly.
Arraignment serves this purpose by informing him why
the prosecuting arm of the state is mobilized against
him. An accused cannot be convicted of an offense
unless it is clearly charged in the compliant or
information. Basic rule you cannot prove what you did
not allege.
3) To be present and defend in person and by counsel at
every stage of the proceedings, from arraignment to
promulgation of judgment.
Express or Implied waiver is renunciation to be present
on that particular date only.
Escape of the accused is waiver by implication to be
present on said date and all subsequent trial dates.
[Fact of escape made his failure unjustified because he
has, by escaping, placed himself beyond the pale and
protection of the law (People v. Salas 143 SCRA 163,
cited in Cruz, Constitutional Law, 2003 Ed.)].
Right to counsel is right to effective counsel. It is not
enough to simply appoint a counsel de officio. Counsel
must have no conflict of interest. Thus, a fiscal cannot
be appointed as counsel de officio.
When an accused is represented by a fake lawyer who
pretended to be a member of the bar, his right to
counsel is violated, unless the accused voluntarily chose
him knowing him to be a non-lawyer.
4) To testify as a witness in his own behalf but subject
to cross-examination on matters covered by direct
examination. His silence shall not in any manner
prejudice him.
5) To be exempt from being compelled to be a witness
against himself.
Right to testify in his own behalf:
Once exercised, the accused is subject to limited cross-
examination. If not exercised, no inference of guilt can
be derived from his silence alone.
Right against self-incrimination:
Intended to shield the guilty & imprudent as well as the
innocent & farsighted. Based on public policy and
humanity, otherwise, the accused will be placed on the
strongest temptation to commit perjury.
Notes:
A. Prohibition covers 1testimonial compulsion and 2the
production of the accused of incriminating documents
and articles demanded from him.
B. Does not include compulsion to 1submit fingerprints,
2photograph, 3blood or urine samples, and 4others
requiring a mere mechanical act on the part of the
accused [Villaflor v. Summers, 41 Phil. 64, US v. Tan
Teng, 23 Phil. 145, Schemerber v. California, US L.Ed.
2d 908, 89 S CT No. 658].
6) To confront and cross-examine the witnesses against
him at the trial.
Reasons:
To meet the witness face to face (Bill of Rights, 1987
Constitution)
To enable the court to judge the truthfulness,
deportment, and the appearance of the witness while
testifying (US v, Javier, 37 Phil 449).
Effect of absence of right to cross examine:
When there is express or implied waiver no effect
In the absence of waiver testimony of the witness
cannot be considered as complete and therefore cannot
form part of the evidence against the accused.
Effect when witness dies:
Before he could take witness stand inadmissible
After giving his direct testimony but before cross
examination Gen. rule: inadmissible. Exception: where
the adverse party was given adequate opportunity, but
failed to cross examine due to his own fault
After the defense conducted cross examination
admissible
7) To have compulsory process issued to secure the
attendance of witnesses and production of other
evidence in his behalf.
Compulsory process refers to the issuance of the court
of:
Sub-poena for the attendance of witnesses
Sub-poena duces tecum for the production of
documents
Notes:
A. If a sub-poena or sub-poena duces tecum is issued
and the person named in the sub-poena refuses to
appear or refuses to produce the required documents
without justifiable reasons court has the power to
declare that person in contempt and may order his
arrest. [People v. Montejo, 21 SCRA 722].
B. The coercive powers of the court must be employed
in order to give meaning to this right.
8) To have speedy, impartial and public trial.

Speed:
Justice delayed is justice as denied
Impartiality:
Every party litigant is entitled to nothing less than the
cold neutrality of an impartial court (Macalintal v. Judge
Teh, 280 SCRA 623).
Public trial:
So that the public may see that he is fairly dealt with
and not unjustly condemned in case of conviction.
So the public may know of the fact or the basis of his
innocence in case of acquittal.
Note: Public trial and Trial by publicity are two
different things. They are not the same. There should be
a public trial, not trial by publicity.
9) To appeal in all cases allowed and in the manner
prescribed by law.
The right to appeal is a statutory right but withdrawal of
this right, in the absence of a valid waiver, constitutes a
denial of due process guaranteed by the Constitution
(Cruz, Constitutional Law, 2003 Ed.).
It is not a natural right or inherent one. The party who
seeks to avail of the said right must comply with the
requirements of the Rules. Otherwise, the right to
appeal is lost (People v. Sabellano, 198 SCRA 196)
VII. Arraignment and Plea
Arraignment: The initial step in a criminal prosecution
whereby the defendant is brought before the court to
hear the charges and to enter a plea (Blacks Law
Dictionary).
Venue for Arraignment and Plea:
Before the court where the complaint or information was
filed or is assigned for trial.
Purpose of arraignment [Key: FIG] (14 Am. Jur., p. 939,
GV Jacinto, Crim. Proc.)
1) To fix the identity of the accused
2) To inform him of the charge
3) To give the accused an opportunity to plead
Note:
In order for the Court to acquire complete jurisdiction
over the person of the accused, arraignment is
essential. Unless this procedure is completed, the court
cannot commence trial in absentia.
Procedure:
Arraignment must be made in open court by the judge
or the clerk
Accused must be furnished with a copy of the complaint
or information
Complaint or Information must be read in a language or
dialect known to him
Accused must be present
Accused must personally enter his plea
I. If under preventive detention
Raffle of case and transmittal of records within 3 days
Arraignment within 10 days from the date of raffle
Pre trial conference within 10 days after arraignment
II. If not under preventive detention
General rule within 30 days from the date the court
acquires jurisdiction
Exception a shorter period is provided by special law
or SC Circular
Rules in entering a plea:
If accused refuses to plead or makes a conditional plea
a plea of not guilty shall be entered
If accused enters a plea but presents exculpatory
evidence plea of guilty is withdrawn and a plea of not
guilty shall be entered for him. Burden of proof shifts.
If accused enters a plea to a capital offense court shall
conduct a searching inquiry into the voluntariness and
full comprehension of the consequences of his plea and
shall require the prosecution to prove his guilt and the
precise degree of culpability.
Pre-trial Conference:
Private offended party shall be required to appear for
purposes of:
1) Plea-bargaining
2) Determination of civil liability
3) Other matters requiring his presence
In case of failure of the offended party to appear despite
due notice conformity of prosecutor is sufficient for
purposes of pleading guilty to a lesser offense which is
necessarily included in the offense charged.
Bill of particulars:
The accused may, before arraignment, move for a bill of
particulars to enable him properly to plead and prepare
for trial. The motion shall specify the alleged defects of
the complaint or information and the details desired.
Scope of the Bill of Particular:
Bill of Particulars is a remedy for formal defects and not
substantive defects.
The remedy against an indictment that fails to allege the
time of the commission of the offense with sufficient
definition is a Motion for Bill of Particulars and not a
Motion to Quash (Rocaberte v. People, 192 SCRA 152).
[See discussion in: Elements of Complaint and
Information, remedy in case complaint or information is
defective, supra]
Modes of discovery:
Accused has a right against the suppression of evidence
favorable to an accused which is material as to 1) guilt,
or 2) as to punishment (Webb v. De Leon, 247 SCRA
653).
Suppressed evidence must be of such nature as to affect
the outcome of the trial (US v. Agurs, US v. Bagley)
Notes:
1) Arraignment is important for notifying the accused of
the cause he is required to meet. The accused has the
right to be informed of the nature and cause of the
accusation against him (Borja v. Mendoza, 77 SCRA
422).
2) The existence of a plea is an essential requisite to
double jeopardy (People v. Balicas)
Criminal Procedure Reviewer 1
1. Sworn written statement charging a person with an
offense, subscribed by the offended party, any peace
officer or other public official charged with the
enforcement of the law violated.
A. Information
 B. Complaint A. True
C. Affidavit B. False
D. Memorandum C. Partially false
D. None of the above
2. Accusation in writing charging a person with an
offense, subscribed by the fiscal and filed with the court. 11. Information may be amended as to the name of the
A. Information accused, but such amendment cannot be questioned for
B. Complaint the first time on appeal.
C. Affidavit A. True
D. Memorandum B. Partially true
C. False
3. ____and____ courts gain jurisdiction over the offense D. Partially false
upon the filing of complaint by a complainant or an
information by the prosecuting officer. 12. Conviction for robbery cannot be sustained if there
A. MTC and CA is a variance between the allegation and the proof as to
B. MTC and SC the ownership of the property stolen.
C. MTC and SB A. True
D. MTC and RTC B. False
C. Partially false
4. Jurisdiction of the court over the offense is D. Partially true
determined
A. At the time of the institution of the action 13. If facts do not completely allege all the elements of
B. At the time of the arrest of the accused the crime charged, the info may be quashed; however,
C. At the time of voluntary surrender of the the prosecution is allowed to amend the info to include
accused the necessary facts.
D. At the time of the commission of the offense A. True
B. Partially true
5. Which of the following is false. C. False
A. A complaint is a sworn statement D. Partially false
B. Information must be sworn to
C. Information is filed with the court 14. Information need only allege facts, not include all
D. A complaint is subscribed by the offended party, the evidence which may be used to prove such facts
any peace officer or other officer charged with the A. True
enforcement of the law violated B. False
C. Partially true
6. Remedies of offended party when fiscal unreasonably D. Partially false
refuses to file an information or include a person therein
as an accused. 15. Approximation of time is sufficient; amendment as
A. In case of grave abuse of discretion, action for to time is only a formal amendment; no need to dismiss
mandamus case.
B. Lodge a new complaint against the offenders A. True
C. Take up matter with the Secretary of Justice B. False
D. All of the above C. Partially true
D. Partially false
7. In Municipal Trial Courts and Municipal Circuit Trial
Courts criminal actions are instituted by 16. Qualifying and inherent aggravating circumstances
A. By filing a complaint with the appropriate officer need to be alleged as they are integral parts of the
for the purpose of conducting requisite preliminary crime. If proved, but not alleged, become only generic
investigation therein. aggravating circumstances.
B. By filing the complaint ONLY with the office of A. True
the fiscal B. False
C. By filing the complaint or information directly C. Partially true
with said courts, or a complaint with the fiscals office D. Partially false
D. None of the above
17. Conviction may be had even if it appears that the
8. Which of the following offenses is subject to summary crime was committed not at the place alleged, provided
procedure. that the place of actual commission was within the
A. Violation of traffic laws courts jurisdiction and accused was not surprised by the
B. Violation of municipal or city ordinance variance between the proof and the information.
C. Violation of rental laws A. True
D. All of the above B. False
C. Partially true
9. In criminal cases covered by the rules on summary D. Partially false
procedure shall be deemed commenced only when it is
filed in 18. In which of the following cases may only the
A. The Prosecutor's office offended spouse may file the complaint.
B. Lupon of the Barangay A. Rape
C. The Court B. Seduction
D. None of the above C. Adultery and Concubinage
D. Acts of lasciviousness
10. The filing of the complaint even with the fiscals
office should suspend the running of the Statute of 19. Defined as the joinder of separate and distinct
Limitations. This is offenses in one and the same information/complaint
 A. Motion to Quash Bail - is the security given for the release of a person in custody of th
B. Duplicity of offense
C. Double Jeopardy Recognizance - Obligation of record, entered into before some cour
D. None of the above
Property Bond An undertaking constituted as a lien on the real pr
20.The civil action involves an issue similar or intimately
related to the issue raised in the criminal action. Cash Bond - Cash corresponding to the amount of bail fixed by the c
A. Duplicity of offense
B. Double Jeopardy Capital Offense - An offense which, under the law existing at the tim
C. Prejudicial question
D. None of the above Motion To Quash (MTQ) - Formerly called a demurrer, it is a special

Answer: Criminal Procedure Prescription of the Crime - Loss/waiver by the state of its right to

1. B Prescription of the Penalty - Loss/waiver by the State of its right

2. A
3. D Double Jeopardy - When a person is charged with an offense and th
4. A
5. B Provisional Dismissal - A case is dismissed without prejudice to its
6. D
7. C Deposition - Testimony of the witness that is taken upon oral questi
8. D
9. C Arraignment The stage where the accused is formally informed of
10. A
11. A Plea Bargaining - Process where the accused, the offended party an
12. A
13. A Improvident Plea - Plea without proper information as to all the cir
14. A
15. A Pre-Trial Order - Issued by the court after the pre-trial conference.
16. A
17. A Trial - Examination before a competent tribunal of the facts put in is
18. C
19. B Demurrer to Evidence - Objection by one of the parties to the effec
20. C the issue.

Rebuttal Evidence - Any evidence to explain, repeal, counteract or

Criminal Procedure Reviewer 2
Sur-rebuttal Evidence - Proof to meet or refute those new matters
Complaint - is a sworn written statement charging a person with an offense, subscribed by the offender party, any peace officer, or other pu
Judgment The adjudication by the court that the accused is guilty
Information - is an accusation in writing charging a person with an offense subscribed by the prosecutor and filed with the court.
Opinion - Informal expression of the views of the court
Criminal Action - One by which the State prosecutes a person for an act/omission punishable by law.
Ratio Decidende - Provides for the basic reason for the judgment
Criminal Jurisdiction - Authority of the court to hear and try a particular offense and to impose the punishment provided by law.
Acquittal - A finding of not guilty based on the merits, either:
Duplicity of offenses -The information must charge only one offense. 1) The evidence does not show that his guilt is beyond reasonable do
2) A dismissal of the case after the prosecution has rested its case an
Private Crimes Those which cannot be prosecuted except upon complaint filed by the aggrieved/offended party.
Promulgation of Judgment -An official proclamation/ announceme
Restitution - Returning of the thing itself, with allowance for deterioration1)orRead
diminution of value. to the defendant; or
and announced
2) Has become a part of the record of the
Reparation - Payment of damage caused, taking into consideration the sentimental court. value of the thing to the injured party.

Indemnification - Payment of consequential damages suffered by the Sin

injured party,Judgment
Perjuico his family or
a 3rd person
Judgment by reason
without of the crime.
a statement of facts.

Prejudicial Question - That which arises in a case the resolution of which

NewisTrial
a logical antecedent whereby
A proceeding of the issue involved
errors of lawtherein, and the cogn
or irregularities are

Preliminary Investigation - An inquiry/proceeding to determine Whether or Not

Motion For(WON) there is sufficient
Reconsideration OR New ground
Trialto(MFR/MNT)
engender a-well-found
New trial

Probable Cause - it is the existence of such facts and Newly Discovered Evidence - Evidence which could not, by the exe
circumstances as would excite the belief, in a reasonable mind acting on the facts within the knowledge of the prosecutor, that the person ch
Appeal A proceeding for review by which the whole case is transfe
In Flagrante Delicto Literally, caught in the act of committing a crime. When the person to be arrested has committed, is actually comm
Final Judgment Judgment which would become final if no appeal
Arrest - is the taking of a person into custody in order that that he may be bound to answer for the commission of an offense.
Final Order One which disposes of the whole subject matter or te
Illegal Arrest - If the arrest of a person is not justified by any of the instances of a warrantless arrest under Rule 113, Sec. 5. The fact that
Error Of Judgment One which the court may commit in the exerc
Custodial Investigation - It involves the questioning initiated by law enforcement officers after a person has been taken into custody or ot
Error Of Jurisdiction It renders an order of judgment void or voi
Re-Enactment A demonstration by the accused of how he committed the crime. It is a police contrivance designed to test the truthfulnes
Notice Of Appeal Written notice of intention to take appeal.
Appellant The party appealing; Oath - Includes any form of attestation by which a party signifies tha

Appellee The party adverse to the appellant. Searching Questions And Answers - Such questions as have the t

Search Warrant - It is an order in writing; issued in the name of the People

Stop and
of the
Frisk
Philippines;
A limited
signed
protective
by a judge;
search
and
of directed
outer clothing
to a peace
for wo

Probable Cause - Such reasons, supported by facts and circumstances, as will warrant a cautious man in the belief that his action, and the