Professional Documents
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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
3. The accused would not be placed
arraignment, otherwise, he is deemed to in double jeopardy.
have waived the objection and maybe AMENDMENT SUBSTITUTION OF
found guilty of as many offenses as those INFORMATION OR
charged and proved during the trial. COMPLAINT
May involve either Involves substantial
Section. 14. Amendment or formal or substantial change from the
substitution. changes original charge
Amendment before Substitution of
KINDS OF AMENDMENT the plea has been information must be
1. BEFORE THE PLEA – covers both entered can be with leave of court as
substantial and formal effected without the original
amendment, WITHOUT leave of leave of court. information has to be
court. dismissed.
2. AFTER THE PLEA – covers only Amendment is only Another preliminary
formal amendment provided: as to form, there is investigation is
a) leave of court is obtained no need for another entailed and the
b) such amendment is not preliminary accused has to plead
prejudicial to the rights of investigation and the anew to the new
the accused. retaking of the plea information
EXCEPT when a fact supervenes of the accused.
which changes the nature of the
crime charged in the information An amended Requires or
or upgrades it to a higher crime, information refers to presupposes that the
in which case, there is a need the same offense new information
for another arraignment of the charged in the involves a different
accused under the amended original information offense which does
information. or to an offense not include or is not
which necessarily necessarily included
An amendment is only in form where it includes or is in the original
neither affects nor alters the nature of necessarily included charge, hence the
the offense charged OR where the in the original accused cannot claim
charge does not deprive the accused of a charge, hence double jeopardy.
fair opportunity to present his defense substantial
OR where it does not involve a change in amendments to the
the basic theory of the prosecution. information after the
plea has been taken
Substitution – If it appears at anytime cannot be made over
before judgment that a mistake has been the objection of the
made in charging the proper offense, the accused, for if the
court shall dismiss the original complaint original information
or information upon the filing of a new would be withdrawn,
one charging the proper offense, the accused could
provided the accused shall not be placed invoke double
in double jeopardy. jeopardy.
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
RULE 113 2. By his submission to the custody
ARREST of the person making the 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
entering therein; when he has been either arrested or
otherwise deprived of his freedom or
when he has voluntarily submitted judgment of the RTC,
himself to the jurisdiction of the court irrespective of whether the case
by surrendering to the proper was originally filed in or
authorities. appealed to it;
2. The accused shall appear before
All persons, except those charged with the proper courts whenever so
offenses punishable by reclusion required by the court or these
perpetua when evidence of guilt is Rules;
strong, shall, before conviction, be 3. The failure of the accused to
bailable by sufficient sureties, or be appear at the trial without
released on recognizance as may be justification despite due notice
provided by law (Section 13, Article III, shall be deemed a waiver of his
1987 Constitution). right to be present thereat. In
such case, the trial may proceed
Forms of bail: in absentia;
1. corporate surety 4. The bondsman shall surrender
2. property bond the accused to court for
3. cash deposit execution of the final judgment.
4. recognizance
No additional conditions can be imposed.
BAILBOND RECOGNIZANCE
An obligation under an obligation of A detention prisoner who escaped waives
seal given by the record, entered into his right to cross-examination (Jimenez
accused with one or before some court or v. Nazareno).
more sureties, and magistrate duly
made payable to the authorized to take it, By filing a fake bail bond, an appellant is
proper officer with with the condition to deemed to have escaped from
the condition to be do some particular confinement during the pendency of his
void upon act; appeal and in the normal course of
performance by the things, his appeal should be dismissed.
accused of such acts
as he may legally be No release or transfer except on court
required to perform order or bail.
No person under detention by legal
Prosecution witnesses may also be process shall be released or transferred
required to post bail to ensure their except upon order of the court or when
appearance at the trial of the case he is admitted to bail (Sec. 3).
where:
1. there is a substitution of Section 4. Bail, a matter of right;
information (Sec. 4, Rule110), exception.
and
2. where the court believes that a When a matter of right:
material witness may not appear 1. before or after conviction in the
at the trial (Sec. 14, Rule 119). lower courts; AND
2. before conviction by the RTC,
Section 2. Conditions of the bail; EXCEPT when the imposable
requirements. penalty is death, reclusion
perpetua or life imprisonment
CONDITIONS OF BAIL and evidence of guilt is strong.
1. The undertaking shall be
effective upon approval, and, In instances where bail is a matter of
unless cancelled, shall remain in right and the bail to be granted is based
force at all stages of the case on the recommendation of the
until promulgation of the prosecution as stated in the information
or complaint, a hearing is NOT imprisonment, admission to bail
necessary. is discretionary (Sec. 5);
5. After conviction by the RTC
But where, however, there is a reduction wherein a penalty of
of bail as recommended or after imprisonment exceeding 6 but
conviction by the RTC of an offense not not more than 20 years is
punishable by death, reclusion perpetua, imposed, and not one of the
or life imprisonment wherein the grant circumstances below is present
of bail is discretionary, there must be a and proved, bail is a matter of
hearing before a bail is granted in order discretion (Sec.5).
to afford the prosecution the chance to a) Recidivism, quasi-recidivism
oppose it (Bangayan vs. Butacan, 345 or habitual delinquency or
SCRA 301). commission of crime
aggravated by the
The prosecution cannot adduce evidence circumstances of reiteration.
for the denial of bail where it is a matter b) Previous escape from legal
of right. However, where the grant of confinement, evasion of
bail is discretionary, the prosecution sentence or violation of the
may show proof to deny the bail. conditions of bail without
valid justification.
An extraditee is not entitled to bail. The c) Commission of the offense
Constitutional provision on Bail as well while on probation, parole or
as Sec. 4 of Rule 114 applies only when a under conditional pardon
person has been arrested and detained d) Circumstance of the accused
for violation of Philippine Criminal laws. or his case indicates the
It does not apply to extradition probability of flight if
proceedings because extradition courts released on bail
do not render judgments of conviction or e) Undue risk of commission of
acquittal (Govt. of US vs. Judge another crime by the
Purganan, Sept. 24, 2002). accused during pendency of
appeal.
Section 5. Bail, when 6. After conviction by the RTC
discretionary. – imposing a penalty of
imprisonment exceeding 6 years
RULES ON AVAILABILITY OF BAIL but not more than 20 years and
1. Regardless of stage of the any of the circumstance
criminal prosecution, no bail enumerated above and other
shall be allowed if the accused is similar circumstance is present
charged with a capital offense or and proved, no bail shall be
an offense punishable by granted (Sec.5);
reclusion perpetua AND the 7. After judgment has become final
evidence of guilt is strong (Sec. unless accused applied for
7); probation before commencing to
2. Before and after conviction by serve sentence of penalty and
the MTC, Municipal Trial Court or offense within purview of
MCTC, bail is a matter of right probation law (Sec. 24).
(Sec.4).
3. Before conviction by the RTC Section 6. Capital Offense, defined.
whether in the exercise of its
original or appellate jurisdiction, Capital Offense – is an offense which,
bail is a matter of right. (Sec.4) under the law existing at the time of its
4. Upon conviction by the RTC of an commission AND at the time of the
offense not punishable by death, application to be admitted to bail, may
reclusion perpetua or life be punished with death.
Section 9. Amount of bail; guidelines.
If the law at the time of commission FACTORS TO BE CONSIDERED IN FIXING
does not impose the death penalty, the THE REASONABLE AMOUNT OF BAIL
subsequent amendment of the law (NOT EXCLUSIVE)
increasing the penalty cannot apply to 1. Financial ability of the accused
the case, otherwise it would be ex post to give bail;
facto, and penalties are determined by 2. Nature and circumstances of the
the law at the time of the commission of offense;
the offense. 3. Penalty for the offense charged;
4. Character and reputation of the
If the law at the time of the application accused;
for bail has amended the prior law which 5. Age and health of the accused;
imposed the death penalty by reducing 6. Weight of evidence against the
such penalty, such favorable law accused;
generally has a retroactive effect. 7. Probability of the accused
appearing at the trial;
Section 7. Capital Offense not bailable. 8. Forfeiture of other bail;
9. The fact that the accused was a
Capital offense or those punishable by fugitive from justice when
reclusion perpetua, life imprisonment or arrested; and
death are NOT BAILABLE when evidence 10. Pendency of other cases when
of guilt is strong. the accused is on bail
EXCEPTION: If the accused charged with Bail must not be in a prohibitory
a capital offense is a minor. amount. Excessive bail is not to be
required for the purpose of preventing
Section 8. Burden of proof in bail the accused from being admitted to bail.
application.
Section 11. Property, how posted.
The hearing should be summary or
otherwise in the discretion of the court Property Bond – is an undertaking
but the right of the prosecution to constituted as a lien on the real property
control the quantum of evidence and the given as security for the amount of the
order of presentation of witnesses must bail (sec11);
be equated with the purpose of the
hearing – to determine the bailability of It is required that the annotation of a
the accused. lien on the land records of the property
posted as bail, otherwise the property
The burden of proving that the evidence bail bond shall be cancelled.
of guilt is strong lies within the fence of
the prosecution. (Comia vs. Antona, 337 Section 12. Qualifications of sureties in
SCRA 656) property bond.
Philippine residency is required of a
Evidence of guilt is strong when proof is property bondsman. The reason for this
evident or the presumption of guilt is is that bondsmen in criminal cases,
strong. The test is NOT whether the residing outside of the Philippines, are
evidence establishes guilt beyond not within the reach of the processes of
reasonable doubt but rather whether it its courts (Villaseñor vs. Abano, 21 SCRA
shows 312).
An accused released on bail may be re- Section 26. Bail not a bar to objection
arrested without a warrant if he on illegal arrest, lack of or irregular
attempts to depart from the Philippines preliminary investigation.
without prior permission of the court
where the case is pending. AN APPLICATION FOR OR ADMISSION TO
BAIL SHALL NOT BAR THE ACCUSED
Section 24. No bail after final a. from challenging the validity of
judgment; exception. his arrest OR
b. legality of the warrant issued
GENERAL RULE: The finality of the therefore, OR
judgment terminates the criminal c. from assailing the regularity or
proceeding. Bail becomes of no avail. questioning the absence of
The judgment contemplated is a preliminary investigation of the
judgment of conviction. The judgment is charge against him, PROVIDED,
final if the accused does not appeal the he raises them before entering
conviction. his plea.
The duty of the court to appoint a RIGHT OF THE ACCUSED AGAINST SELF-
counsel de oficio when the accused has INCRIMINATION VS. RIGHT OF THAT OF
no legal counsel of choice and desires to AN ORDINARY WITNESS
employ the services of one is The ordinary witness may be compelled
MANDATORY only at the time of to take the witness stand and claim the
arraignment. (Sec. 6 Rule 116) privilege as each question requiring an
incriminating answer is shot at him, an
E. TO TESTIFY AS WITNESS IN HIS OWN accused may altogether refuse to take
BEHALF the witness stand and refuse to answer
A denial of the defendant’s right to any and all questions.
testify in his behalf would constitute an
unjustifiable violation of his G. RIGHT TO CONFRONT AND CROSS-
constitutional right. (People vs. EXAMINE THE WITNESSES AGAINST HIM
Santiago, 46 Phil. 734) AT TRIAL
Confrontation is the act of setting a 3. Accused would be entitled to
witness face-to-face with the accused so relief in a mandamus proceeding
that the latter may make any objection to compel the dismissal of the
he has to the witness, and the witness information.
may identify the accused, and this must
take place in the presence of the court IMPARTIAL TRIAL
having jurisdiction to permit the Due process of law requires a hearing
privilege of cross-examination. before an impartial and disinterested
tribunal, and that every litigant is
The main purpose of the right to entitled to nothing less than the cold
confrontation is to secure the neutrality of an impartial judge. (Mateo,
opportunity of cross-examination and the Jr. vs. Villaluz, 50 SCRA 180)
secondary purpose is to enable the judge
to observe the demeanor of witnesses. Public trial – one held openly or
publicly; it is sufficient that the relatives
In any criminal proceeding, the and friends who want to watch the
defendant enjoys the right to have proceedings are given the opportunity to
compulsory process to secure the witness the proceedings.
attendance of witnesses and the
production of evidence in his behalf. EXCLUSION OF THE PUBLIC IS VALID
WHEN:
H. RIGHT TO SPEEDY, IMPARTIAL AND 1. evidence to be produced is
PUBLIC TRIAL offensive to decency or public
The right to a speedy trial is intended to morals;
avoid oppression and to prevent delay by 2. upon motion of the accused;
imposing on the courts and on the (Sec. 21, Rule 119)
prosecution an obligation to proceed
with reasonable dispatch. RULE ON TRIAL BY PUBLICITY
The right of the accused to a fair trial is
The courts, in determining whether the not incompatible to a free press.
right of the accused to a speedy trial has Pervasive publicity is not per se as
been denied, should consider such facts prejudicial to the right to a fair trial. To
as the length of the delay, the accused’s warrant a finding of prejudicial
assertion or non-assertion of his right, publicity, there must be allegations and
and the prejudice to the accused proof that the judges have been unduly
resulting from the delay. influenced, not simply that they might
be, by the barrage of publicity. (People
There is NO violation of the right where vs. Teehankee, 249 SCRA 54)
the delay is imputable to the accused.
(Solis vs. Agloro, 64 SCRA 370) I. RIGHT TO APPEAL ON ALL
CASES ALLOWED BY LAW AND IN THE
REMEDIES AVAILABLE TO THE ACCUSED MANNER PRESCRIBED BY LAW.
WHEN HIS RIGHT TO A SPEEDY TRIAL IS The right to appeal from a judgment of
VIOLATED conviction is fundamentally of statutory
1. He should ask for the trial of the origin. It is not a matter of absolute
case not for the dismissal; right, independently of constitutional or
2. Unreasonable delay of the trial statutory provisions allowing such
of a criminal case as to make the appeal.
detention of defendant illegal
gives ground for habeas corpus WAIVER OF THE RIGHT TO APPEAL
as a remedy for obtaining The right to appeal is personal to the
release so as to avoid detention accused and similarly to other rights of
for a reasonable period of time kindred nature, it may be waived either
expressly or by implication. HOWEVER,
where death penalty is imposed, such 1. for 180 days for the first 12
right cannot be waived as the review of calendar month period from the
the judgment by the COURT OF APPEALS effectivity of the law;
is automatic and mandatory (A.M. NO. 2. 120 days for the second 12
00-5-03-SC). month period; and
3. 80 days for the third 12 month
period.
THE SPEEDY TRIAL ACT OF 1998
(RA 8493)
RULE 116
DUTY OF THE COURT AFTER ARRAIGNMENT AND PLEA
ARRAIGNMENT OF AN ACCUSED
Court SHALL order a pre-trial conference Section 1. Arraignment and plea; how
to consider the following: made.
1. plea bargaining;
2. stipulation of facts; Arraignment – the formal mode of
3. marking for identification of implementing the constitutional right of
evidence of parties; the accused to be informed of the
4. waiver of objections to nature of the accusation against him.
admissibility of evidence; and
5. such other matter as will WHERE AND HOW MADE:
promote a fair and expeditious 1. Before the court where the
trial; complaint or information has
been filed or assigned for trial;
TIME LIMIT FOR THE TRIAL OF CRIMINAL 2. in open court, by the judge or
CASES: SHALL NOT EXCEED 180 days clerk by furnishing the accused a
from the first day of trial, HOWEVER, copy of the complaint or
this rule is NOT ABSOLUTE, for the law information with the list of the
provides for the following EXCEPTIONS: witnesses, reading it in a
1. those governed by the Rules on language or dialect known to him
Summary Procedure; or and asking him of his plea;
2. where the penalty prescribed by
law DOES NOT EXCEED 6 months RULES:
imprisonment or a fine of P1,000 1. Trial in absentia is allowed only
or both; AFTER arraignment;
3. those authorized by the Chief 2. Judgment is generally void if the
Justice of the SC; accused has not been arraigned;
3. There can be no arraignment in
PERIOD FOR ARRAIGNMENT OF THE absentia (accused must
ACCUSED personally enter his plea);
Within 30 days from the filing of the 4. if the accused went to trial
information, or from the date the without arraignment, but his
accused appealed before the counsel had the opportunity to
justice/judge/court in which the charge cross-examine the witness of the
is pending, whichever date last occurs. prosecution and after the
prosecution he was arraigned the
defect was cured;
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.
A motion to suspend the issuance of a Section 4. Amendment of complaint or
warrant of arrest should be considered information
as a motion to quash if the allegations
therein are to the effect that the facts If an alleged defect in the complaint or
charged in the information do not information, which is the basis of a
constitute an offense. motion to quash, can be cured by
amendment, the court shall order the
RESOLUTION OF A MOTION TO QUASH amendment instead of quashing the
A motion to quash must be resolved complaint or information. If, after the
BEFORE trial and cannot defer the amendment, the defect is still not
hearing and determination of said cured, the motion to quash should be
motion until trial on the merits as it granted.
would impair the right of the accused to
speedy trial. Section 5. Effect of sustaining the
motion to quash.
It may also be resolved at the
preliminary investigation since the EFFECTS IF COURT SUSTAINS THE
investigating officer or judge has the MOTION TO QUASH
power to either dismiss the case or bind 1. If the ground of the motion is
the accused over for trial by the proper either:
court, depending on its determination of a) that the facts charged do not
lack or presence of probable cause. constitute an offense; or
b) that the officer who filed
Section 3. Grounds. the information had no
1. That the facts charged do not authority to do so, or
constitute an offense; c) that it does not conform
2. That the court trying the case substantially to the
has no jurisdiction over the prescribed form; or
offense charged; d) that more than one offense
3. That the court trying the case is charged,
has no jurisdiction over the the court may order that another
person of the accused; information be filed or an
4. That the officer who filed the amendment thereof as the case
information had no authority to may be within a definite period.
do so; If such order is NOT MADE, or if
5. That it does not conform having been made, another
substantially to the prescribed information is NOT FILED within
form; a time to be specified in the
6. That more that one offense is order, or within such time as the
charged except when a single court may allow, the accused, if
punishment for various offenses in custody, shall be discharged
is prescribed by law; therefrom, unless he is also in
7. That the criminal action or custody on some other charge.
liability has been extinguished;
8. That it contains averments 2. If the motion to quash is sustained
which, if true would constitute a upon any of the following grounds:
legal excuse or justification; and a) that a criminal action or
9. That the accused has been liability has been
previously convicted or extinguished;
acquitted of the offense b) that it contains averments
charged, or the case against him which, if true, would
was dismissed or otherwise constitute a legal excuse or
terminated without his express justification; or
consent.
c) that the accused has been Section 6. Order sustaining the motion
previously convicted or to quash not a bar to another
acquitted of the offense prosecution.
charged,
the court must state, in its order A motion SUSTAINING the motion to
granting the motion, the release quash is NOT a bar to another
of the accused if he is in custody prosecution for the same offense
or the cancellation of his bond if UNLESS:
he is on bail. 1. the motion was based on the
ground that the criminal action
3. If the ground upon which the or liability has been
motion to quash was sustained is extinguished, AND
that the court has NO 2. that the accused has been
jurisdiction over the offense, the previously convicted or in
better practice is for the court jeopardy of being convicted or
to remand or forward the case to acquitted of the offense
the proper court, not to quash charged.
the complaint or information.
Section 7. Former conviction or
The prosecution may elevate to the acquittal; double jeopardy.
Higher Courts an order granting a motion
to quash. Double Jeopardy means that when a
person is charged with an offense and
PROCEDURE IF MOTION TO QUASH IS the case is terminated either by
DENIED acquittal or conviction or in any other
1. accused should plead; manner without the consent of the
2. accused should go to trial accused, the latter cannot again be
without prejudice to the special charged with the same or identical
defenses he invoked in the offense.
motion;
3. appeal from the judgment of REQUISITES FOR DOUBLE JEOPARDY
conviction, if any, and interpose UNDER SECTION 7
the denial of the motion as an It is necessary that in the first case that-
error. 1. the complaint or information or
other formal charge was
An order denying a motion to quash is sufficient in form and substance
INTERLOCUTORY and NOT APPEALABLE. to sustain a conviction;
Appeal in due time, as the proper 2. the court had jurisdiction;
remedy, implies a previous conviction as 3. the accused had been arraigned
a result of a trial on the merits of the and had pleaded; and
case and does not apply to an 4. he was convicted or acquitted or
interlocutory order denying a motion to the case was dismissed without
quash. his express consent;
When all these circumstances are
The denial by the trial court of a motion present, they constitute a BAR to a
to quash CANNOT be the subject of a second prosecution for –
petition for certiorari, prohibition or 1. the same offense, or
mandamus in another court of 2. an attempt to commit the said
coordinate rank. offense, or
3. a frustration of the said offense, EXCEPTIONS TO THE IDENTITY RULE:
or 1. The graver offense developed
4. any offense which necessarily due to supervening facts arising
includes or is necessarily from the same act or omission
included in the first offense constituting the former charge.
charged. 2. The facts constituting the graver
charge became known or were
The discharge of a defendant on a discovered only after a plea was
preliminary investigation is NOT such an entered in the former complaint
adjudication in his favor as will bar or information.
subsequent prosecution for the offense. 3. The plea of guilty to the lesser
This is because, a preliminary offense was made without the
investigation is not a trial and does not consent of the prosecutor and of
have for its object that of determining the offended party; except when
definitely the guilt of the accused. the offended party failed to
Further, the accused ha snot yet been appear during the arraignment.
arraigned.
In any of these instances, such period of
DISMISSAL vs. ACQUITTAL the sentence as may have been served
Acquittal is always based on the merits, by the accused under the former
that is, the defendant is acquitted conviction shall be credited against and
because the evidence does not show deducted from the sentence he has to
defendant’s guilt beyond reasonable serve should he be convicted under the
doubt; but Dismissal does not decide the subsequent prosecution.
case on the merits or that the defendant
is not guilty. B. SAME EVIDENCE TEST - whether the
facts as alleged in the second
If an act is punished by a law and an information, if proved, would have
ordinance, even if they are considered been sufficient to sustain the former
as different offenses, conviction or information, or from which the
acquittal under either shall constitute a accused may have been acquitted or
bar to another prosecution for the same convicted.
act.
Section 8. Provisional dismissal.
If a single act is punished by two
different provisions of law or statutes, GENERAL RULE: Where the case was
but each provision requires proof of an dismissed “provisionally” with the
additional fact which the other does not consent of the accused, he CANNOT
so require, neither conviction nor invoke double jeopardy in another
acquittal in one will bar a prosecution prosecution therefor OR where the case
for the other. (Perez vs. Court of was reinstated on a motion for
Appeals, 163 SCRA 236) reconsideration by the prosecution.
EXCEPTIONS: Where the dismissal was
TESTS FOR DETERMINING WHETHER actually an acquittal based on:
THE TWO OFFENSES ARE IDENTICAL: a) lack or insufficiency of the
evidence; or
A. SAME OFFENSE TEST - There is b) denial of the right to speedy
IDENTITY between two offenses not trial, hence, even if the accused
only when the second offense is gave his express consent to such
exactly the same as the first, but dismissal or moved for such
ALSO when the second offense is an dismissal, such consent would be
attempt to or frustration of, OR is immaterial as such dismissal is
necessarily included in the offense actually an acquittal.
charged in the first information.
REQUISITES MATTERS CONSIDERED IN PRE-TRIAL
1. consent of the prosecutor CONFERENCE
2. consent of the accused a) plea bargaining;
3. notice to the offended party b) stipulation of facts;
c) marking for identification of
If a case is provisionally dismissed with evidence of the parties;
the consent of the prosecutor and the d) waiver of objections to
offended party, the failure to reinstate admissibility of evidence;
it within the given period will make the e) modification of the order of trial
dismissal permanent. if the accused admits the charge
but interposes a lawful defense;
PERIOD FOR REINSTATEMENT: f) such matters as will promote a
a. offenses punishable by fair and expeditious trial of the
imprisonment not exceeding 6 criminal and civil aspects of the
years = ONE YEAR case. (Sections. 2 & 3, Circ. 38-
b. offenses punishable by 98).
imprisonment of more than 6
years = TWO YEARS Plea bargaining – the process whereby
the accused, the offended party and the
Otherwise the dismissal shall be removed prosecution work out a mutually
from being provisional and becomes satisfactory disposition of the case
permanent. subject to court approval. It usually
involves the defendant’s pleading guilty
Section 9. Failure to move to quash or to a lesser offense or to only one or
to allege any ground therefor. some of the counts of a multi-count
indictment in return for a lighter
All grounds for a motion to quash are sentence than that for the graver
WAIVED if NOT seasonably raised, charge.
EXCEPT:
a) when the information does not Section 2. Pre-trial agreement.
charge an offense;
b) lack of jurisdiction of the court; Requisites before the pre-trial
c) extinction of the offense or agreement can be used as evidence:
penalty; and 1. they are reduced to writing
d) double jeopardy. 2. the pre-trial agreement is signed
by the accused and his counsel.
The court may impose proper sanctions Section 2. Continuous trial until
and penalties for non-appearance at pre- terminated; postponements.
trial conference by the counsel for the
accused or the prosecutor without CONTINUOUS TRIAL SYSTEM
acceptable excuse. Trial once commenced shall continue
from day to day as far as practicable
The sanctions or penalty may be in the until terminated; but it may be
form of reprimand, fine or postponed for a reasonable period of
imprisonment. Inasmuch as this is similar time for good cause.
to indirect contempt of court, the
penalty for indirect contempt may be LIMITATION OF THE TRIAL PERIOD
imposed. It shall in no case exceed 180 days from
the first day of the trial, except as
PURPOSE otherwise provided by the Supreme
To enforce the mandatory requirement Court.
of pre-trial in criminal cases.
Requisites before a trial can be put-off
The accused is not the one compelled to on account of the absence of a witness:
appear, but only the counsel for the 1. that the witness is material and
accused or the prosecutor. The principal appears to the court to be so
reason why accused is not included in 2. that the party who applies has
the mandatory appearance is the fear been guilty of no neglect
that to include him is to violate his 3. that the witnesses can be had at
constitutional right to remain silent. the time to which the trial is
deferred and incidentally that no
Section 4. Pre-trial order. similar evidence could be
obtained
After the pre-trial, the court issues an 4. that an affidavit showing the
order reciting actions taken, facts existence of the above
stipulated and evidence marked, and circumstances must be filed.
thereafter the trial on the merits will
proceed on matters not disposed of Remedies of accused where a
during the pre-trial. prosecuting officer without good cause
secures postponements of the trial of a
To prevent manifest injustice, however, defendant against his protest beyond a
the pre-trial order may be modified by reasonable period of time:
the court, upon its own initiative or at 1. mandamus to compel a dismissal
the instance of any party. of the information
2. if he is restrained of his liberty,
by habeas corpus to obtain his
RULE 119 freedom.
TRIAL
The SC adopted the continuous trial
Section 1. Time to prepare for trial. system as a mode of judicial fact-finding
and adjudication conducted with speed
Trial - the examination before a and dispatch so that trials are held on
competent tribunal according to the the scheduled dates without
laws of the land, of the facts put in issue postponement, the factual issues for
in a case for the purpose of determining trial well-defined at pre-trial and the
such issue. whole proceedings terminated and ready
for judgment within 90 days from the
date of initial hearing, unless for Section 11. Order of Trial
meritorious reasons an extension is
permitted. ORDER OF TRIAL:
1. The prosecution shall present
The system requires that the Presiding evidence to prove the charge
Judge: and, in the proper case, the civil
1. adhere faithfully to the liability
session hours prescribed by 2. The accused may present
laws; evidence to prove his defense
2. maintain full control of the and damages, if any, arising
proceedings; and from the issuance of a
3. effectively allocate and use time provisional remedy in the case.
and court resources to avoid 3. The prosecution and the defense
court delays. may, in that order, present
rebuttal and sur-rebuttal
The non-appearance of the prosecution evidence unless the court, in
at the trial, despite due notice, justified furtherance of justice, permits
a provisional dismissal or an absolute them to present additional
dismissal depending upon the evidence bearing upon the main
circumstances. issue
4. Upon admission of the evidence
Section 4. Factors for granting of the parties, the case shall be
continuance. deemed submitted for decision
unless the court directs them to
PURPOSE: To control the discretion of argue orally or to submit written
the judge in the grant of continuance on memoranda.
his instance or on motion of any party 5. When the accused admits the act
litigant. or omission charged in the
complaint or information but
Section 5. Time limit following an interposes a lawful defense, the
order for new trial. order of trial may be modified.
Mittimus - A process issued by the court Once the appeal is perfected, the trial
after conviction to carry out the final court steps out of the case and the
judgment, such as commanding a prison appellate court steps in. Should it come
warden to hold the accused in to pass then that during the pendency of
accordance with the terms of the the appeal, new and material evidence,
judgment. for example, have been discovered, the
accused may file a motion for new trial
Section 9. Existing provisions governing with the appellate court.
suspension of sentence, probation and
parole not affected by this Rule. Cases when the trial court lose
jurisdiction over its sentence even
before the lapse of 15 days:
1. When the defendant voluntarily Mistakes or errors of counsel in the
submits to the execution of the conduct of his case are not grounds for
sentence new trial. This rule is the same whether
2. When the defendant perfects his the mistakes are the result of ignorance,
appeal. The moment the appeal inexperience, or incompetence. (U.S. vs.
is perfected the court a quo Umali, 15 Phil. 37)
loses jurisdiction over it, except
for the purpose of correcting If the incompetence, ignorance or
clerical errors. inexperience of counsel is so great and
the error committed as a result thereof
New Trial Reopening of the is so serious that the client, who
case otherwise has a good cause, is
Filed after judgment made by the court prejudiced and denied his day in court,
is rendered but before the judgment the litigation may be reopened to give
before the finality is rendered in the the client another chance to present his
thereof exercise of sound case.
discretion
At the instance or does not require the Section 3. Grounds for reconsideration.
with the consent of consent of the
the accused accused; may be at Grounds of motion for reconsideration
the instance of either 1. errors of law;
party who can 2. errors of fact in the judgment,
thereafter present which require no further
additional evidence proceedings.
Section 2. Grounds for new trial. The principle underlying this rule is to
afford the trial court the opportunity to
GROUNDS FOR A NEW TRIAL IN correct its own mistakes and to avoid
CRIMINAL CASES: unnecessary appeals from being taken.
1. errors of law or irregularities The grant by the court of
committed during the trial reconsideration should require no further
prejudicial to the substantial proceedings, such as the taking of
rights of the accused. additional proof.
2. new and material evidence
discovered. Section 4. Form of motion and notice
to the prosecutor.
REQUISITES BEFORE A NEW TRIAL MAY
BE GRANTED ON THE GROUND OF Requisites for a motion for new trial or
NEWLY DISCOVERED EVIDENCE: reconsideration: The motion for a new
1. that the evidence was trial or reconsideration shall be:
discovered after trial; 1. in writing
2. that such evidence could not 2. filed with the court
have been discovered and 3. State grounds on which it is
produced at the trial even with based
the exercise of reasonable 4. If the motion for new trial is
diligence; based on a newly discovered
3. that it is material not merely evidence, it must be supported
cumulative, corroborative or by the affidavits of the witness
impeaching; and by whom such evidence is
4. the evidence is of such a weight expected to be given, or duly
that it would probably change authenticated copies of
the judgment if admitted. documents which it is proposed
to introduce in evidence.
5. Notice of the motion for new 3. In all cases, when the court grants
trial or reconsideration shall be new trial or reconsideration, the
given to the fiscal. original judgment shall be set aside
and a new judgment rendered
While the rule requires that an affidavit accordingly.
of merits be attached to support a
motion for new trial based on newly The effect of the granting of a new trial
discovered evidence, yet the defect of is not to acquit the accused of the crime
lack of it may be cured by testimony of which the judgment finds him guilty,
under oath of the defendant at the but precisely to set aside said judgment
hearing of the motion. (Paredes vs. so that the case may be tried de novo as
Borja, 3 SCRA 495) if no trial had been before.
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.
as the court may, in the interest of Consequently, on appeal, the appellate
justice, allow to be introduced, shall court may increase the penalty,
be taken and considered together indemnity, or the damages awarded by
with the evidence already in the the trial court, although the offended
record. party had not appealed from said award,
and the party who sought a review of the 2. Appeal to the Court of Appeals
decision was the accused. from decision of the Regional
Trial Court in the exercise of its
Final judgment Final Order original jurisdiction: by filing a
a judgment which disposes of the whole notice of appeal with the court
would become final subject matter or which rendered the judgment or
if no appeal is taken terminates a order appealed from and serving
particular issue a copy to the adverse party
leaving nothing to be 3. Appeal to the Court of Appeals in
done but to enforce cases decided by Regional Trial
by execution what Court in the exercise of its
has been determined appellate jurisdiction: by
petition for review
From a judgment convicting the 4. Appeal to the Court of Appeals in
accused, two appeals may accordingly be cases where penalty imposed is
taken: life imprisonment or where a
1. The accused may seek a review lesser penalty is imposed but
of said judgment, as regards involving offenses committed on
both actions; or the same occasion or arising out
2. The complainant may appeal of the same occurrence that
with respect only to the civil gave rise to the more serious
action, either because the lower offense for which the penalty of
court has refused or failed to death or life imprisonment is
award damages, or because the imposed: by filing a notice of
award made is unsatisfactory to appeal with the Court of
him. Appeals.
5. Death penalty: automatic review
GENERAL RULE: A private prosecutor in by the Court of Appeals. (A.M.
a criminal case has NO authority to act No. 00-5-03-SC, October 15,
for the People of the Philippines before 2004)
a court on appeal. It is the government’s 6. Other appeals to the Supreme
counsel, the Solicitor General, who Court: by petition for review on
appears in criminal cases or their certiorari.
incidents before the Supreme Court. At
the very least, the Provincial Fiscal Error of Judgment Error of
himself, with the conformity of the Jurisdiction
Solicitor General. the court may renders an order of
EXCEPTION: The civil award in a commit in the judgment void or
criminal case may be appealed by the exercise of voidable
private prosecutor on behalf of the jurisdiction
offended party or his successors. reviewable by appeal reviewable by
certiorari
Section 2. Where to appeal.
Modes of review
Section 3. How appeal taken. The Rules of Court recognize 4 modes by
which the decision or final order of the
HOW APPEAL IS TAKEN court may be reviewed by a higher
1. Appeal to the Regional Trial tribunal, viz.:
Court: by filing a notice of 1. ordinary appeal
appeal with the court that 2. petition for review
rendered the judgment or order 3. petition for review on certiorari
appealed from and serving a 4. automatic appeal
copy to the adverse party
Section 4. Service of notice of appeal. the judgment or notice of denial of any
motion for new trial or reconsideration.
PUBLICATION OF NOTICE OF APPEAL The transcript shall also be forwarded
If copy of the notice of appeal cannot be within 10 days after the filing thereof by
served on the adverse party or his the stenographic reporter (A.M. No. 00-
counsel, it may be done by publication. 5-03-SC, Oct. 15, 2004).
Service by publication is made in a
newspaper of general circulation in the Section 12. Withdrawal of appeal.
vicinity once a week for a period not
exceeding 30 days. An appellant may withdraw his appeal
BEFORE the record has been forwarded
Section 5. Waiver of notice. by the clerk of court to the proper
appellate court as provided by Section 8,
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.
Section 13. Quorum of the court; New questions CANNOT be presented for
certtification or appeal of case to the the first time on a motion for rehearing,
SC. especially where they are inconsistent
with positions taken on the original
a. Whenever the Court of hearing, or waived on the original
Appeals finds that the submission of the case.
penalty of death should be
imposed, the court shall A second motion for rehearing or
render judgment bur reconsideration of a final judgment or
REFRAIN from making an order is NOT allowed because if parties
entry of judgment and are allowed to file as many motions for
forthwith certify the case rehearing or reconsideration as their
and elevate its entire record discretion or caprice suits, the
to the SC for review. proceedings would become
b. In cases where the Court of undeterminable and unnecessarily
Appeals imposes reclusion voluminous.
perpetua, life imprisonment
or a lesser penalty, it shall The MITTIMUS is the final process of
render and enter judgment carrying into effect the decision of the
imposing such penalty. The appellate court and the transmittal
judgment may be appealed thereof to the court of origin is
to the SC by notice of appeal predicated upon the finality of the
filed with the Court of judgment. It shall be stayed during the
Appeals. (A.M. No. 00-5-03- pendency of the motion for rehearing or
SC, Oct. 15, 2004) reconsideration.
Section 14. Motion for new trial. A motion for reconsideration of its
judgment or final resolution shall be
Motion for new trial based on Newly resolved by the Court of Appeals within
Discovered Evidence may be filed at any 90 days from the time it is submitted for
time AFTER the appeal from the lower resolution, and no 2nd motion for
court has been perfected AND BEFORE reconsideration for the same party shall
the judgment of the appellate court be entertained.
convicting the accused becomes final.
The only-one-motion-for-reconsideration
Once an appeal is perfected, the trial rule does not apply where the first
court steps out and the appellate court motion for reconsideration resulted in a
steps in. A motion for new trial must reversal or substantial modification of
then be filed with the appellate court, the original decision or final resolution.
not with the court from whose judgment The party adversely affected thereby
the appeal is taken. may file a motion for reconsideration.
Section 17. Judgment transmitted and EFFECT OF DIRECT APPEAL TO THE
filed in trial court. SUPREME COURT ON QUESTION OF LAW
IN CRIMINAL CASES
Transmittal of judgment to court a quo A direct appeal to the Supreme Court on
After the judgment has been entered, a questions of law – in criminal cases in
certified copy of the entry should be which the penalty imposed is not death
transmitted to the clerk of the court of or life imprisonment – precludes a
origin. review of the facts.
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.
Question of law - when the doubt or 3. commanding a peace officer to
difference arises as to what the law is on search personal property
a certain state of facts. It must not 4. bring the property before the
involve an examination of the probative court
value of the evidence presented by the
litigants or any of them. NATURE OF SEARCH WARRANTS
Search warrants are in the nature of
Question of fact - when the doubt or criminal process and may be invoked
difference arises as to the truth or the only in furtherance of public
falsehood of alleged facts. prosecutions. Search warrants have no
relation to civil process or trials and are
Section 3. Decision if opinion is equally not available to individuals in the course
divided. of civil proceedings, nor for the
maintenance of any mere private right.
The Supreme Court, the Constitution
ordains, shall be composed of a Chief SEARCH vs. SEIZURE
Justice and 14 associate justices. It mat The term search as applied to searches
sit en banc or in its discretion, in and seizures is an examination of a
divisions of 3, 5, or 7 members (Section man’s house or other buildings or
4(1), Article VIII, 1987 Constitution). premises or of his person with a view to
the discovery of contraband or illicit or
A criminal case shall be reheard by the stolen property or some evidence of guilt
Supreme Court when the Court en banc to be used in the prosecution of a
is equally divided in opinion or the criminal action for some offense with
necessary majority cannot be had, if no which he is charged.
decision is reached the conviction of the
lower court shall be reversed and the A seizure is the physical taking of a thing
accused acquitted. into custody.
Where the search warrant is a PATENT Manner on how a judge should examine a
NULLITY, certiorari lies to nullify the witness to determine the existence of
same. probable cause:
The illegality of the search warrant does 1. the judge must examine the
not call for the return of the things witnesses personally
seized, the possession of which is 2. the examination must be under
prohibited by law. HOWEVER, those oath
personalities seized in violation of the 3. the examination must be
constitutional immunity whose reduced to writing in the form of
possession is not of itself illegal or searching questions and answers
unlawful ought to be returned to their
rightful owner or possessor. Such personal examination is necessary
in order to enable the judge to
Any evidence obtained in violation of the determine the existence or non-
constitutional immunity against existence of a probable cause.
unreasonable searches and seizures are
inadmissible for any purpose in any
Section 6. Issuance and form or search EXCEPTION:
warrant. A search warrant may be made at night
when it is positively asserted in the
ISSUANCE OF SEARCH WARRANT affidavit that the property is on the
The Constitution ordains that no warrant person or in the place ordered to be
shall issue but upon probable cause searched (Alvares vs. CFI of Tayabas, 64
supported by oath or affirmation. Phil. 33). The affidavit making such
assertion must itself be sufficient as to
FORM OF SEARCH WARRANT the fact so asserted, for if the same is
The search warrant must be in writing based upon hearsay, the general rule
and must contain such particulars as the shall apply.
name of the person against whom it is
directed, the offense for which it was A search warrant conducted at night
issued, the place to be searched and the without direction to that effect is an
specific things to be seized. unlawful search. The same rule applies
where the warrant left blank the “time”
An application for a search warrant is for making the search.
heard ex-parte. It is neither a trial nor a
part of the trial. The examination or A public officer or employee who
investigation, which must be under oath exceeds his authority or uses
may not be in public. It may be even unnecessary severity in executing the
held in the secrecy of the chambers. It warrant is liable under Article 129 of the
must be under oath and must be in Revised Penal Code.
writing.
Section 10. Validity of search warrant.
Section 8. Search of house, room, or
premises to be made in presence of 10 days from its date, thereafter, it shall
two witnesses. be void. A search warrant can be used
only once, thereafter it becomes functus
In order to insure that the execution of oficio.
the warrant will be fair and reasonable,
and in order to insure that the officer While, under section 10, a search
conducting the search shall NOT exceed warrant has a validity of 10 days,
his authority or use unnecessary severity NEVERTHELESS, it CANNOT be used every
in executing the search warrant, as well day of said period and once articles have
as for the officer’s own protection already been seized under said warrant,
against unjust accusations, it is required it CANNOT be used again for another
that the search be conducted in the search and seizure, EXCEPT when the
presence of the: search conducted on one day was
1. lawful occupant of the place to interrupted, in which case the same may
be searched, be continued under the same warrant
2. or any member of his family, the following day if not beyond 10 day
3. or in their absence, in the period. (Uy Kheytin vs. Villareal, 42
presence of two witnesses of Phil. 886)
sufficient age and discretion
residing in the same locality. Section 12. Delivery of [property and
This requirement is mandatory. inventory thereof to court; return and
proceedings thereon.
Section 9. Time of making search.
The law imposes upon the person making
GENERAL RULE: the search the duty to issue a detailed
A search warrant must be served in the receipt for the property seized.
day time. Additionally, he is likewise required to
make a return of the warrant to the
court which issued it, together with an
inventory of the property seized. of another judge of concurrent
jurisdiction. Except where there is
Section 13. Search incident to lawful already a case filed, the latter shall
arrest. acquire jurisdiction to the exclusion of
other courts.
WHEN MAY THERE BE A SEARCH
WITHOUT WARRANT Waiver of legality and admissibility
1. in times of war within the area Objection to the legality of the search
of military operation; warrant as to the admissibility of the
2. as an incident of a lawful arrest, evidence obtained or deemed waived
subject to the following where no objection of the search
requisites: warrant was raised during the trial of
a. arrest must be lawful; the case nor to the admissibility of the
b. search and seizure must be evidence obtained through said warrant.
contemporaneous with Section 14. A motion to quash a search
arrest; warrant or to suppress evidence;
c. search must be within where to file.
permissible area;
(i.e. “STOP AND FRISK” search IN WHAT COURT MAY A MOTION TO
which allows a limited protective QUASH BE FILED:
search of outer clothing for 1. before the court that issued the
weapons) warrant;
3. when there are prohibited 2. under the CRIMINAL CASE RULE,
articles open to eye and hand; all the incidents arising from the
(PLAINVIEW DOCTRINE) Search Warrant should be
4. when there is consent, subject consolidated in the court where
to the following conditions: the criminal case is pending;
(consented search) 3. under the ALTERNATIVE REMEDY
a. there is a right; RULE, with the court which
b. there must be knowledge of issued the search warrant. In this
the existence of such right; motion, all grounds for objection
c. there must be intention to existent or available and known
waive; at the time MUST BE INVOKED,
5. when it is incident of inspection; otherwise, they are deemed
6. under the Tariff and Customs waived.
Code for purposes of enforcing
customs and tariff laws; The legality of the search warrant should
7. searches and seizures of vessels be addressed to the court issuing the
and aircraft; this extends to the search warrant and not to any other
warrantless search of a motor court to foster judicial stability
vehicle for contraband; (Pagkalinawan vs. Gomez, 23 SCRA
1275).
Search and seizure of vessels and
aircraft may validly be made without a Filing of motion to quash is without
search warrant because the vessel or prejudice to any proper recourse to the
aircraft can quickly move out of the appropriate higher court by the party
jurisdiction before such warrant could be aggrieved.
secured.
Where the civil action arising from a Attachment may be availed of ONLY
criminal offense is suspended by the when the civil action arising from the
filing of the criminal action, the court crime has not been expressly waived or
wherein said civil case is pending can not reserved and only in the following
issue the aforesaid auxiliary writs since cases:
such orders do not involve a a. when the accused is about to
determination of the merits of the case. abscond from the Philippines;
(Babala vs. Abaño, 90 Phil. 827) b. when the criminal action is based on
a claim for money or property
Kinds of provisional remedies embezzled or fraudulently
1. attachment misapplied or converted to the use
2. injunction of the accused who is a public
3. receivers officer or a corporate officer or an
4. delivery of personal property attorney, broker, or agent or clerk in
5. support pendente lite the course of employment or by a
person in a fiduciary capacity;
Section 2. Attachment c. when the accused has concealed,
removed or about to dispose of his
Who may apply for preliminary property;
attachment d. when the accused resides abroad.
CRIMINAL PROCEDURE: Information
-VERSUS-
CRIM. CASE NO. ___________
INFORMATION2
That on or about December 5, 2004 4, in Batute, Manila5, Philippines, within the jurisdiction
of this court, the said accused did, then and there, with malice aforethought and with
deliberate intent to take the life of RENEE JOI ZABALA 6, willfully, unlawfully, feloniously,
suddenly, unexpectedly, and treacherously attack the latter with a metal fork, first
wounding her in the back, and afterwards, when enfeebled and unable to defend herself,
again stabbed her in the neck, both wounds being necessarily mortal 7, thereby causing the
direct and immediate death of said RENEE JOI ZABALA.
CONTRARY TO LAW.
(City/Provincial Fiscal)8