Criminal Procedure Notes based on Riano 2.

Concubinage
NOTE: these crimes shall not be prosecuted except upon a complaint filed by the
Prosecution of Criminal Action: offended spouse
Under the supervision of the PUBLIC PROSECUTOR RULE: PROSECUTOR CANNOT PROSECUTE THE CASE WHERE NO
1. Direct supervision COMPLAINT IS FILED BY THE OFFENDED SPOUSE
2. Control  Cannot be instituted against one party alone! AGAINST BOTH GUILTY
PARTIES!
When PRIVATE PROSECUTOR intervenes Cases where it cannot be prosecuted
Allowed ONLY where the civil action is INSTITUTED in the criminal action  If the offended party has consented to the offense or has pardoned the
Remember that civil actions are deemed instituted offenders (express/implied)
If the offended party
1. Waives 3. Seduction
2. Reserves 3. Abduction
3. Institutes civil action prior to the criminal action 3. Acts of lasciviousness
SAME RULE: cannot be prosecuted except upon a complaint filed by the:
The PRIVATE PROSECUTOR CANNOT INTERVENE! 1. Offended party – even if minor, still has the right to initiate
Exception on the involvement of the private prosecutor: 2. Parents
 If he is authorized to do so in writing 3. Grandparents or legal guardian
 He may prosecute up to the end of the trial 4. State
 Provided, the authorization shall be given by either the Chief of the 6. Defamation
Prosecution Office or the Regional State Prosecutor -- should be the imputation of the offenses of adultery, concubinage, seduction,
 AND, must be approved by the court abduction, and acts of lasciviousness
 HOWEVER, it may be revoked or withdrawn by the public prosecutor any SIMILAR RULE: filed by the offended party
time
Since prosecution is under the control and supervision of the PUBLIC V COMPLAINT OR INFORMATION
PROSECUTOR, it follows that the SC CANNOT compel the former to file and Complaint, defined.
information, or prosecute a person if he believes that there is no probable cause in  Sworn written statement
doing the same!  Charging a person with an offense
Exception: grave abuse of discretion on the public prosecutor  Subscribed by the offended party, any peace officer, or other public officer
 Name: People of the Philippines
Hierarchy: Private offended parties – only as witnesses
DOJ ------ SEC of Justice ------- PROSECUTORS  Thus they may not appeal the dismissal of a criminal case or the acquittal
ONLY the civil aspect
Criminal action in MTC or MCTC – prosecuted under the public prosecutor  In so doing, the private offended party who appeals must prosecute in his
If public prosecutor is absent or not available, may be prosecuted by: own personal capacity
1. Offended party So how then can a dismissal or acquittal of the criminal case be appealed?
2. Any peace officer  CAN ONLY BE APPEALED BY THE OSG
3. Public officer charged with the enforcement of the law violated  Reason: private offended party has no legal personality to do so
 Chapter12, Title III, Book IV of the Admin. Code
III PROSECUTION OF PRIVATE CRIMES  Only the OSG can bring and/or defend actions on behalf of the
What are these crimes? Republic or represent the people or the State in criminal proceedings pending in the
1. Adultery Supreme Court and the CA
Information, defined. allegation of facts must be preferred over the defective information. Allegation in the
 Accusation in writing information, not the technical name given by the prosecutor.
 Not required to be sworn; because the prosecutor is under the oath Question: What happens if there is a mistake on the name of the accused?
of his office Answer: A mistake in the name of the accused is not equivalent, and does not
 Charging a person with an offense necessarily amount to, a mistake in the identity of the accused especially when
 Subscribed by the prosecutor sufficient evidence is adduced to show that the accused is pointed to as one of the
 And filed with the court perpetrators of the crime. However, the identity must be proven.
 Name: People of the Phils
In offenses against property – it is enough that the property is described with such
What happens if there is infirmity of the signature in the information? particularity as to properly identify the offense charged.
 The information confers jurisdiction on the court, thus if there is infirmity –
invalid Statement of the qualifying and aggravating circumstances:
 An infirmity in the information, such as lack of authority of the officer signing  Needed since without it, the accused cannot be convicted of qualifying
it, cannot be cured by silence, acquiescence, or even by express consent or aggravating circumstance even if proven in court
The complaint or information should include the ff (sufficiency test):  Even if an aggravating circumstance had been proven, but was not alleged,
1. Name – all of the accused courts will not award exemplary damages!
2. Designation of the offense given by the statute  Reason: tantamount to denial of due process since the accused is deprived
3. Acts/omissions complained of - should be described with such particularity to be informed of the charges against him!
as to appraise the accused, with reasonable certainty, of the offense charged  How about mitigating? – no need. The accused may be convicted with
a. Offense being charged mitigating circumstances, since the nature of it is in favor of the accused
b. Acts or omissions complained of VI. VENUE OF CRIMINAL ACTIONS
c. Qualifying and aggravating circumstances Criminal action shall be instituted and tried in the court of the municipality or territory:
2. Name of the offended party a. Where the offense was committed
3. Approximate date of the commission – unless material element/ingredient b. Where any of its essential ingredients occurred
of the crime VII. AMENDMENT OR SUBSTITUTION OF THE COMPLAINT OR INFORMATION
4. Place where the offense was committed  Before plea or arraignment – leave of court not required
Purpose: TO ENABLE THE ACCUSED TO SUITABLE PREPARE FOR HIS  Without leave of court
DEFENSE, SINCE HE IS PRESUMED TO HAVE NO INDEPENDENT KNOWLEDGE  Any formal or substantial amendment may be made
OF THE FACTS THAT CONSTITUTE THE OFFENSE!  After plea or arraignment
Note: sufficiency of information is not negated by an incomplete or defective  Amendment is prohibited
designation of the crime. Failure to specify the correct crime committed will not bar  Except if beneficial to the accused
conviction of the accused.  Before plea or arraignment – leave of court required where:
Question: When is the right time to question the sufficiency or validity of the  The amendment downgrades the nature of the offense charged;
information or complaint?  The amendment excludes any accused
Answer: before arraignment or during trial, otherwise, deemed waived. Formal Amendment, defined.
Actions: 1) bill of particulars; 2) quashal of the information  New allegations which relate only to the range of the penalty
Question: What should be given preference, the designation of the crime in the  Which does not charge another offense different or distinct from that
information or the allegation of the facts? charged in the original one
Answer: The allegation of facts is controlling because the nature and character of  Additional allegations which do not alter the prosecution’s theory
the crime charged are determined not by the designation of the specific crime, but by  Does not adversely affect any substantial right
the facts alleged in the information. So even if the information is defective, the
 An amendment that merely adds specifications to eliminate vagueness in
the information
 Not to introduce new and material facts
 Merely states with additional precision something which is already contained
in the original information
 Adds nothing essential for conviction
Facts of a case: prosecutor entered his amendment by crossing out the word
Homicide and instead wrote the word Murder
Issue: Is it a formal or substantial amendment?
Ruling: Only a formal amendment. The only change made was in the caption of the
case; and in the opening paragraph or preamble of the Information, with the crossing
out of word Homicide and its replacement by the Murder. There was no change in the
recital of facts constituting the offense charged or in the determination of the
jurisdiction of the court. The averments in the amended Information for murder are
exactly the same as those already alleged in the original information for homicide, as
there was not at all any change in the act imputed to the accused. In allowing
formal amendments in which the accused has already pleaded, it is necessary that
the amendments do not prejudice the rights of the accused.
Test whether the rights of the accused are prejudiced by the amendment of a
complaint or information is:
1. whether a defense under the complaint or information, as it originally stood,
would no longer be available after the amendment is made; and
2. When any evidence the accused might have would be inapplicable to the
complaint or information.
Since the facts alleged in the accusatory portion of the amended information are
1. identical with those of the original information for homicide,
2. there could not be any effect on the prosecution’s theory of the case;
3. neither would there be any possible prejudice to the rights or defense
of petitioner.
SUBSTITUTION OF COMPLAINT OR INFORMATION
 if it appears at any time before judgment that a mistake has been made in
charging the proper offense
 if it becomes manifest that the accused cannot be convicted of the offense
charges or of any other offense necessarily included therein, the court shall commit
the accused to answer for the proper offense by requiring the filing of the proper
information.
 Accused shall not be discharged if there appears good cause to detain him.
After the proper information is filed, it shall dismiss the original case
 in such a case, the court shall dismiss the original complaint or information
once the new one charging the proper offense is filed
 provided, accused will not be placed in double jeopardy
 may be made before or after arraignment
Substitution, distinguished/defined
 substantial change
 with leave of court as the original information has to be dismissed
 requires another preliminary investigation and the accused has to plead
anew to the new information filed
 new information involves a different offense which does not include or is not
necessarily included in the original charge, hence, accused cannot claim double
jeopardy!
Amended information entails:
 formal or substantial amendment
 before plea can be without leave of court, etc
 only to form – no need for preliminary investigation
 amendment of the same offense charged – hence, substantial
amendments to the information after the plea has been taken cannot be made over
the objection of the accused, for if the original information would be withdrawn, the
accused could invoke double jeopardy!
CHAPTER III – PROSECUTION OF CIVIL ACTION
 when criminal action is instituted, the civil action is deemed included
 every person criminally liable for felony is also civilly liable
 the rule on implied institution of the civil action does not apply before the
filing of the criminal action or information --- when there is no criminal case yet
against the respondents as when the Ombudsman is still in the process of finding
probable cause to prosecute the respondent
Civil liability arising from the crime – the governing law is rules of Criminal
Procedure not rules of civil procedure!
Exception: civil action other than the one arising from the crime is not suspended
by the commencement of the criminal action because they may proceed
independently of the criminal proceedings.
Reservation of the civil action should be made before the prosecution starts
presenting its evidence!
Note: after the criminal action is commenced, the separate civil action arising
therefrom cannot be instituted until final judgment has been entered in the
criminal action!
 Preference is given to the resolution of the criminal action
 If the civil action was commenced before the institution of the criminal
action, the civil action shall be suspended in whatever stage it may be found
before judgment on the merits, once the criminal action is filed. The suspension shall
last until final judgment is rendered in the criminal action
 Exception: does not apply to independent civil action since they are distinct
and separate from the civil action arising from the offense committed
 Another exception: prejudicial question
RULE on counterclaims, etc:
NO COUNTERCLAIM, CROSS-CLAIM, THIRD-PARTY CLAIM IN A CRIMINAL
CASE may be filed by the accused in the criminal case but any cause of action which
could have been the subject may be litigated in a separate civil action.
Note that a criminal case is not the proper proceedings to determine the private
complainant’s civil liability.
A court trying a criminal case is limited to determining the guilt of the accused, and if
proper, to determine his civil liability those arising only from offense.
CAUSE OF DEATH of the accused:
 If the accused dies after arraignment and during the pendency of the
criminal action
– the civil liability arising from the crime – extinguished (but this does not preclude the
offended party from filing a separate civil action based on other sources of obligation
may be continued)
 Dies before arraignment – case dismissed but the offended party may file
the proper civil action
 Death prior to final judgment – terminates criminal liability and only civil
liability directly arising from and based solely on the offense committed (again, does
not bar for filing a separate civil action on other sources of obligation)
 Death during pendency of his appeal with SC – totally extinguished the
criminal and civil action based solely on the crime. Reason: no final judgment of
conviction was yet rendered by the time of his death.
Novation of contract: extinguishment of criminal liability
Criminal liability is not affected by a compromise or novation of contract
It may affect the civil liability but not the criminal aspect since it is a public offense
which must be prosecuted and punished by the government.
EFFECT OF ACQUITTAL OR EXTINCTION OF THE PENAL ACTION ON THE
CIVIL ACTION OR CIVIL LIABILITY
Degree of evidence: mere preponderance of evidence
Note: extinction of the penal action does not carry with it the extinction of the civil
action where:
a. Acquittal is based on reasonable doubt
b. Court declares that the liability is only civil
c. Civil liability does not arise from or is not based upon the crime of which he
was acquitted
However, extinction of the civil action based on delict – deemed extinguished
 Provided, there is a fining in a final judgment in the criminal action that the
act or omission from which the civil liability may arise did not exist!
Note: when the trial court acquits or dismisses the case on the ground of lack of
evidence to prove guilt beyond reasonable doubt, the civil action is not automatically
extinguished since liability on civil action can be determined based on mere
preponderance of evidence!
Hence, there is a requirement to state whether the prosecution absolutely failed to
prove his guilt or merely failed to prove beyond reasonable doubt – in either case it
shall determine if the act or omission from which the civil liability might arise did not
exist
Example: may be acquitted but if his negligence is proved by mere preponderance of
evidence, he may still be civilly liable
Elementary rule: payment of civil liability does not extinguish criminal liability
PREJUDICIAL QUESTION, defined
 Previously instituted civil action
 issued involved in a civil case
 which is similar or intimately related to the issue raised in the criminal case
 resolution of which
 determines whether or not the criminal action may proceed
 civil action instituted previously or ahead of the criminal action; must
precede the criminal action
 civil action requires a decision before a final judgment can be rendered in
the criminal action
 proceedings in the second case may be suspended to await the resolution of
the prejudicial question in the first case
 existence of two actions –civil action and criminal action
 the issue in the civil case needs to be resolved first before it is determined
whether or not the criminal case should proceed or whether or not there should be, in
the criminal case, a judgment of acquittal or conviction
 the issue raised in the civil action is determinative of the guilt of the accused
in the criminal aspect
 the issue in the civil case is determinative of the issue in the criminal case;
the resolution of such issue determines whether or not the criminal action may
proceed
 it follows that if the resolution of the issue in the civil action will not determine
the criminal responsibility of the accused in the criminal action based on the same
facts, the civil case does not involve a prejudicial question. Neither is there a
prejudicial question if the civil and the criminal action can proceed independently of
each other, that is, the criminal action can proceed without waiting for the resolution
of the issues in the civil case
Reason: to avoid two conflicting decisions
REQUISITES:
1. civil case involves facts intimately related to those upon which the criminal
prosecution would be based;
2. in the resolution of the issues raised in the civil case, the guilt or
innocence of the accused would necessarily be determined
3. jurisdiction to try said questions must be lodged in another tribunal

Not a prejudicial question if:

1. both cases are criminal
2. both civil
3. both cases are administrative
4. one case is administrative and other civil
5. one case is administrative and other criminal
6. criminal case was instituted prior to the civil case!
Effect of the prejudicial question:
1. suspension for the criminal action may be filed
2. the criminal case may be suspended pending the final determination of the
issues in the civil case – this is the exception on the general rule that if the civil action
was commenced before the institution of the criminal action, the civil action shall be
suspended in whatever stage it may be found before judgment on the merits, once
the criminal action is commenced – the suspension shall last until final judgment is
rendered in the criminal action
3. accords a civil case a preferential treatment and constitutes an exception to
the general rule that the civil action shall be suspended when the criminal action is
instituted
4. however, suspension does not include dismissal therefore, double jeopardy
cannot be invoke
Where and when to file the petition for suspension
1. does not need to wait for the criminal case to be filed in court, it is sufficient
that there be previously instituted civil case – it may be filed in the stage of
preliminary investigation
2. the petition for suspension should be filed in the criminal case not in the civil
case since what is
3. suspended is the criminal case right?? Lol
4. where? – in the office of the prosecutor conducting the preliminary
investigation
5. any time before the prosecution rests

Preliminary Investigation
by the prosecutor
purpose: whether the accused should be purpose: to determine probable cause for
held for trial or if he should be released the issuance of a warrant of arrest
Nature: executive, since it is part of the Nature: judicial
prosecutor’s job
Irregularity of arrest (not in
accordance with Rule 113,
Sec5(a)&(b)
Inquest proceeding shall not
proceed
Release of the detainee
*if the evidence warrants
preliminary investigation, the
prosecutor may serve notice
to the detainee
Case illustrations:
Preliminary Examination
by the judge
Case Facts Ruling
(People v. More than two days before the marijuana is inadmissible since it
Aminnudin) arrest, the officers received a tip was not incident to a lawful arrest.
that the accused was on board an The accused was not, at the
Proper arrest identified vessel and carrying moment of his arrest, committing a
marijuana; acting on the crime nor was it shown that he was
information they waited for the about to do so or that he had just
Inquest shall proceed accused and approached him as he done so. He was just descending the
descended the ship and arrested ship; no outward indication that
him. called for his arrest. To all
Detainee may ask for bail (?)
appearances, he was like any other
Prosecutor should ask the detainee if he wants to avail passengers innocently disembarking
preliminary investigation (remember: purpose of from the vessel. The officers could
preliminary investigation is to determine the probability have obtained a warrant since they
of guilt of the accused, and whether he should be held had reasonable time to apply
for trial
(People v. The accused were arrested while Invalid arrest made merely on the
Molina) inside a pedicab despite the basis of reliable information that the
absence of any outward indications persons arrested were carrying
of a crime being committed. marijuana
(Malacat v. A warrantless arrest cannot be
CA). justified where no crime is being
committed at the time of the arrest
because no crime may be inferred
from the fact that the eyes of the
person arrested were moving fast
and looking at every person passing
by
People v. There was a telephone call from an The requirements of a warrantless
Mengote. alleged informer that suspicious arrest were not complied with. There the bag by her side, which is the
looking men were at a street was no offense which could have usual practice of a traveler, she
corner. The operatives dispatched been suggested by the acts of placed the same on the back seat
to the place, they saw three men Mengote of looking from side to side where a trained anti-narcotics agent
who was looking from side to side while holding his abdomen. These was seated. Since the act of the
clutching his abdomen. The are obviously not sinister acts. He accused was unusual, the suspicion
operatives approached the men was not skulking in the shadows but of the agent was aroused. Feeling
and introduce themselves as walking in the clear light of day. By that something was unusual, the
policemen. Two of them tried to run no stretch of the imagination could it agent inserted his finger inside the
away but the attempt was foiled. have been inferred from these acts bag where he felt another plastic
The search yielded a revolver in the that an offense had just been bag in the bottom from which
possession of Mengote and a fan committed, or was at least being emanated the smell of marijuana.
knife in the pocket of another. attempted in their presence. Right after she got off the bus, the
People v Two men who were arrested told the facts and circumstances did not agent arrested the accused.
Laguio. the officers that they knew of a manifest any suspicious behavior on People v. Two police officers together with a there was a valid warrantless arrest
scheduled delivery of shabu by the part of WW that would Tangliben. barangay tanod were conducting and a valid warrantless search,
their employer WW. The police reasonably invite the attention of the surveillance operations in a bus since the officers were faced by an
operatives proceeded to the place police. He was merely walking from station to check on persons who “on-the-spot” information which
and found WW who came out of the apartment and was about to may be engaging in the traffic of required them to act swiftly.
the apartment towards a parked enter a parked car when the police dangerous drugs based on
car, the officers approached him, operatives arrested him, frisked and information supplied by informers.
introduced themselves and upon searched his person and They noticed a person carrying a red
hearing that he was WW, commanded him to open the travelling bag who was acting
immediately he frisked him and compartment of the car. He was not suspiciously. When asked to open
asked him to open the back committing any visible offense then. the bag, the accused did so only
compartment of the car. When Therefore, there can be no valid after the officers identified
frisked, an unlicensed pistol with warrantless arrest in flagrante themselves. Found in the bag were
live ammunitions was found inside delicto. It is settled that reliable marijuana leaves.
his pocket. The operatives information alone, absent any overt People v Because of confidential reports from Again, the Court distinguish Maspil
searched the car and found shabu, act indicative of a felonious Maspil informers that two persons would be from Aminnudin. In Aminnudin, the
unlicensed pistol, etc enterprise in the presence and within transporting a large quantity of officers were aware of the identity
the view of the arresting officers, is marijuana, officers set up a of the accused, his planned criminal
not sufficient to constitute probable checkpoint to monitor, inspect, and enterprise and the vessel he would
cause that would justify an in scrutinize vehicles. A couple of hours be taking, and the officers had
flagrante delicto arrest. after midnight, a jeepney was sufficient time to obtain a search
flagged down in the checkpoint. On warrant. In Maspil, the officers had
Case Facts Ruling board were the persons identified by no exact description of the vehicle
People v. The accused was carrying a woven the informers who were also with the of the accused, and no idea of the
Anita buri-like plastic bag which appeared policemen manning the checkpoint. definite time of its arrival. A jeepney
Claudio to contain camote tops, boarded a When the sacks and tin cans were on the road is not the same as a
bus. Overt act: instead of placing opened, they contained marijuana passenger boat the route and time
leaves of arrival of which are more or less
 certain and which ordinarily cannot
deviate or alter its course or select
another destination.
People v Two robbers divested the passengers The warrantless arrest of the
Acol. of a jeepney of their belongings accused was sustained by the
including the jacket of one passenger. Court as well within the hot pursuit
The passengers immediately sought exception.
the help of police officers which formed
a team to track down the suspects.
One of the passengers, who went with
the police officers, saw one of the
robbers casually walking in the same
vicinity and wearing his jacket.

People v The police station received a report of  based on their knowledge

Gerente. a mauling incident, right away the of the circumstances of the death
officers went to the crime scene and of the victim and the report of an
found a piece of wood with blood eyewitness, in arresting the
stains, a hollow block and two pouches accused, the officers had personal
of marijuana. A witness told the police knowledge of facts leading them to
that the accused was one of those who believe that it was the accused
killed the victim. They proceeded to the who was one of the perpetrators of
house of the accused and arrested the crime.
him.

Case Facts Judgment

Abelita III A team was dispatched to investigate. The petitioner’s act of trying to get
v. Doria The investigation disclosed that a away, coupled with the incident
WHAT: victim was wounded and that the report which they investigated, is
shooting witness tagged the petitioner as the enough to raise a reasonable
incident one involved and that he had just left suspicion on the part of the police
the scene of the crime. After tracking authorities.
down the petitioner, he was invited to
the police headquarters but the
petitioner sped off.
  Conducted through submission of affidavits and supporting documents, and
through exchange of pleadings
1. Private respondent filed an action for frustrated parricide, then several To determine:
months after, she filed another action for the declaration of the nullity of their 1. Whether a crime has been committed
marriage. The petitioner filed an urgent motion to suspend the proceedings. Ruling: 2. Whether the respondent is probably guilty thereof
no prejudicial question since the criminal action was first filed before the civil case. Prosecutor’s duties:
For a prejudicial question to exist, the civil action must be instituted first before the 1. To determine the existence of probable case
filing of the criminal action. Moreover, the issue in the annulment of marriage is not 2. To file information
similar or intimately related to the issue in the criminal case for parricide. What is probable cause in preliminary investigation?
2. Respondent contracted his first marriage. Without said marriage having  Implies probability of guilt
been annulled, nullified, or terminated, the same respondent contracted a second  Requires more than bare suspicion
marriage with the petitioner. Based on petitioner’s complaint-affidavit, information for The prosecutor does not:
bigamy was filed against respondent. Sometime thereafter, respondent initiated a civil  determine the guilt or innocence
action for the judicial declaration of absolute nullity of his first marriage. Respondent  exercise adjudication nor rule-making functions
then filed a motion to suspend the proceedings in the criminal case for bigamy. Issue: Ultimate purpose:
whether the subsequent filing of a civil action for declaration of nullity of a previous  to secure the innocent against hasty, malicious and oppressive prosecution
marriage constitutes a prejudicial question to a criminal case for bigamy. Ruling: the  to protect him from an open and public accusation of a crime
civil action for declaration of the nullity of the marriage was not determinative of the  to protect the State from useless and expensive prosecution
issue in the bigamy case, the Court placed emphasis on Art40 of the Family Code  designed to free a respondent from the inconvenience, expense, stress of
which requires a prior judicial declaration of nullity of a previous marriage before a defending himself/herself in the course of a formal trial, until the reasonable
party may remarry. Without it, the first marriage is presumed to be subsisting. Thus, probability of his or her guilt has been passed upon in a more or less summary
any decision in the civil action for nullity would not erase the fact that respondent proceeding
entered into a second marriage during the subsistence of a first marriage. Therefore, Is the prosecutor a quasi-judicial officer?
a decision in the civil case was not essential to the determination of the criminal No. A preliminary investigation is not a trial of the case on the merits, and has no
charge – not a prejudicial question. purpose except that of determining whether a crime has been committed and whether
CHAPTER IV – PRELIMINARY INVESTIGATION there is probable cause to believe that the accused is guilty thereof. While the fiscal
“Is the respondent probably guilty and therefore, should go to trial?” makes that determination, he cannot be said to be acting as a quasi-court, for it is
Nature: INQUIRY PROCEEDING / Judicial Proceeding the courts, ultimately, that pass judgment on the accused, not the fiscal.
Purpose: TO DETERMINE whether there is SUFFICIENT GROUND to engender a Is the substantial right of the accused to a preliminary investigation waivable?
well-founded belief that a crime has been committed and the respondent is probably Yes. It is deemed waived for failure to invoke the right prior to or at the time of the
guilty thereof, and should be held for trial plea/arraignment.
Function: executive not a judicial function
 The only means of discovering the persons who may be PROBABLE CAUSE , defined.
reasonably charged with a crime  existence of facts and circumstances
 To enable the fiscal to prepare his complaint or information  as would lead a person of ordinary caution to entertain an honest and strong
 Lasts for 10 days suspicion
 Not a trial nor a part of it  that the accused is guilty of the crime subject of the investigation
 Does not involve the examination of witnesses  based only on opinion and reasonable belief
 The purpose is not to declare the respondent guilty beyond reasonable  implies probability of guilt
doubt
 Does not require confrontation between the parties Requires:
 requires more than bare suspicion What is the effect of denial of a motion for reinvestigation?
 but less evidence  cannot invalidate the information
 elements of the crime charged should be present since every crime is INQUEST PROCEEDINGS (summary investigation):
defined by its elements, without which there should be no criminal  for persons detained
It does not  a person is lawfully arrested without a warrant
 does not import absolute certainty  involving an offense which requires preliminary investigation
 need not be based on clear and convincing evidence of guilt  not a preliminary investigation; distinct
 does not pronounce guilt (only the probability of guilt which would lead the  does not follow the procedure on preliminary investigation
accused to stand trial) CONDUCTED WHEN: (by the inquest officer/prosecutor)
 require a full and exhaustive presentation of the parties’ evidence  a person has been lawfully arrested and detained
Discretion:  without warrant
 The determination lies within the discretion of the prosecuting officers after WHERE:
conducting a preliminary investigation.  police stations/headquarters of the PNP, unless otherwise directed (which is
 Merely binds over the suspects to stand trial why it is an informal and summary proceeding)
Deemed COMMENCED:
Kinds of determination of probable cause  from the time the Inquest Officer receives the complaint and referral
1. Judicial – made by judge documents
2. Executive – made by the prosecutor during preliminary investigation  detained persons should be present during inquest proceedings
Purpose: to determine whether or not the person detained should remain under
When required? custody and then charged in court – ahh ok!!! Grrrr!!
Preliminary investigation is required in a criminal offense has a penalty of at least - PN NOT REQUIRED even if offense requires preliminary investigation
4yrs, 2months, and 1 day. Substitute – INQUEST PROCEEDING?
1. a person is arrested lawfully without a warrant
Procedures for cases not requiring preliminary investigation: note: he may ask for a preliminary investigation*
1. Directly submit with the prosecutor; or note: inquest proceedings apply
2. By filing an information or complaint with the MTC – conducted by the judge 2. in flagrante delicto
Reason: preliminary investigation is not required since the person is lawfully
Application for bail: arrested
 while a preliminary investigation is undertaken, the person arrested is still Riano: if he has been arrested in a place where an inquest prosecutor is available, an
under detention inquest will be conducted instead of a preliminary investigation.
 to effect release, he may apply for bail since he is not yet charged in court Question: What is the use of inquest proceeding?
Question: Is an inquest a substitute of preliminary investigation?
After plea has been entered/after arraignment: Question: Is it needed in lieu of preliminary investigation?
-deemed to have waived the absence of preliminary investigation Answer: an inquest proceeding shall normally apply when a person is lawfully
arrested without a warrant
Remand to the prosecutor:
 if the accused wants a preliminary investigation, the court will not dismiss, *When may the person lawfully arrested without warrant ask for a preliminary
BUT remand the case to the prosecutor so that investigation may be conducted investigation?
 the Sandiganbayan will hold in abeyance any further proceedings
Lack/Irregularity of Preliminary investigation will not affect: - before the complaint/information is filed but he must sign a waiver under Article 125
1. court’s jurisdiction of the RPC (imposes a penalty on the officer)
2. validity of the information or render it ineffective
- after filing, within 5 days from the time he learns of its filing Effect of no counter-affidavit: ex parte investigation
 prosecutor shall resolve the complaint based on the evidence presented by
Duty of the Inquest Prosecutor: the complainant
1. to determine if the detained person has been arrested lawfully in accordance Respondent may be allowed to reopen the case to submit his counter-affidavit;
with Rule 113, Sec 5 (a) and (b) should be done before the prosecutor has issued a resolution; it should contain an
a. he may examine the arresting officers on the arrest explanation for the failure to timely file the counter-affidavit
2. should it be found that it was not in accordance with Rule113, inquest
prosecutor shall not proceed with the inquest proceedings. And recommend the Clarificatory Hearing:
release of the detainee  set by the prosecutor
** see the table at the back/below  to clarify facts and issues
 no right to cross-examine
Inquest must pertain to the offense for which the arrest was made  if the parties have questions to ask, it should be addressed to the
Case: Beltran v. People prosecutor, and the latter shall be the one to ask the questions to the party concerned
Facts: Beltran was arrested without a warrant for inciting to sedition based on a  lasts only for 5 days
speech he gave. Second inquest was based on rebellion.  dispensable
Ruling: Inquest proceedings are proper only when the accused has been lawfully  within the discretion of the prosecutor
arrested without a warrant. The officers arrested Beltran for inciting to sedition and Resolution; final stage of preliminary investigation
not for rebellion, therefore the prosecutor could only have conducted an inquest for If the prosecutor finds probable cause to hold the accused for trial, he shall prepare:
inciting to sedition and no other! Second inquest – invalid 1. resolution
STEPS ON PRELIMINARY INVESTIGATION: 2. *information (to be filed in court)
*initial step: filing of the complaint with the prosecutor 3. or dismissal
(an affidavit of complaint) *the information shall contain a certification, in which he certifies:
Contains: 1. he personally examined the complainant and witnesses
1. address of the respondent 2. there is reasonable ground that a crime has been committed
2. affidavits of his witnesses 3. accused is probably guilty
3. other supporting documents 4. accused was informed of the complaint and evidence
 the number of copies to be filed shall – also the number of respondents 5. he was given an opportunity to submit evidence
included plus 2 copies for official file Effect of the absence of certification:
 example: 2 respondents – 2 copies + 2 official files = total4  the information is still considered valid
Dismissal of the complaint: (made by the complainant) After resolution – prosecutor shall forward the case to the provincial or city
 from filing, prosecutor has 10 days to decide: prosecutor or chief state prosecutor or Ombudsman
1. dismiss Reason: there should be prior written authority or approval of the provincial, city
2. issue subpoena to the respondent prosecutor, or chief state prosecutor or Ombudsman before an information or
Rights of the Respondent: complaint may be filed or dismissed by the prosecutor
 right to examine the evidence submitted *Resolution of the investigating prosecutor is not conclusive since it may be reversed
 right to copy the evidence at his expense or affirmed by the prosecutors earlier cited
 objects shall be made available for examination, copying, or photographing
at the expense of the requesting party (may be respondent or complainant) Reiteration of the rule: no complaint or information may be filed or dismissed by an
Filing of counter-affidavit by respondent: investigating prosecutor without the prior written authority or approval of the provincial
 within 10days from receipt of subpoena, he is required to submit his counter- or city prosecutor, or chief state prosecutor, or the Ombudsman
affidavit with other documents
*reply-affidavit from complainant; rejoinder-affidavit from respondent When recommendation for dismissal is disapproved:
 the Ombudsman may file the information or he may direct another assistant
prosecutor
Motion for Reconsideration
 aggrieved party may file within 15 days from receipt of the resolution
Appeal
 within 15 days from the denial of the MR
 appeal to the Secretary of Justice
 verified comment may be filed by the adverse party, 15 days from receipt of
appeal
 if there is no verified comment, Secretary of Justice may resolve on the
basis of the petition
 if there is probable cause, information may be filed in court
 proceedings in court should be held in abeyance
 aggrieved party may file a motion for suspension of arraignment; Rule 116,
11(c) arraignment shall be suspended if a petition for review of the resolution of the
prosecutor is pending
 Secretary may dismiss outright
 IF an information has been filed and accused has already been arraigned
before the filing of the appeal, the appeal shall not be given due course
 IF, accused has been arraigned after the filing of the petition, any
arraignment shall not bar the Secretary of Justice to review
 Secretary of Justice has the power to affirm, modify, nullify, or reverse
the resolution made by his subordinates; has the ultimate power to decide which
conflicting theories of the parties should be believed; his finding are not subject to
review, except if tainted with grave abuse of discretion (remedy of aggrieved party:
petition for certiorari); his decision is final
 Courts are not empowered to substitute their own judgment, only that of the
investigating prosecutor and ultimately that of the Secretary of Justice
 General rule: Principle of non-interference – leaves the investigating
prosecutor sufficient latitude of discretion
 Exception: when there is grave abuse of discretion
Appeal to the Secretary of Justice
 May be availed of despite the filing of information in court
Appeal to the Office of the President; administrative appeal
Appeal to the Court of Appeals; judicial appeal
Appeal to the Supreme Court
Duties of the Judge; upon filing of the complaint/information
1. Personally evaluate the resolution; look into its evidence
2. Judge may find that evidence:
a. Fails to establish probable cause
(Judge may dismiss)
b. Establishes probable cause
(Judge shall issue warrant of arrest)
(If lawfully arrested – issue a commitment order)
c. Engenders a doubt as to the existence of probable cause
(Order to submit additional evidence)
When warrant of arrest is not necessary:
1. Accused is under detention pursuant to a lawful warrantless arrest, and a
complaint or information has already been filed
2. Offense is punishable by fine
3. Case is subject to the Rules on Summary Procedure (inquest?)
BAR Question: Whether the TRIAL COURT may refuse to grant the motion filed
by the Provincial Fiscal (upon instructions of the Sec of Justice) and insist on
the arraignment and trial on the merits.
Answer: YES, the court may deny the motion and require that the trial on the
merits proceed for the proper determination of the case. Once a criminal
complaint or information is filed in court, any disposition of the case or dismissal or
acquittal or conviction of the accused rests within the exclusive jurisdiction of the trial
court. The fiscal or even the Secretary of Justice cannot impose his opinion on the
trial court since it is the best and sole judge on what to do with the case before it. The
judge of the trial court is not bound to rely solely on the resolution of the fiscal; he
must make a personal evaluation of the case, and satisfy himself that there is indeed
a probable cause to issue a warrant of arrest or a commitment order. Further, judge is
required to positively state that the evidence presented was insufficient for a prima
facie case. It must include the discussion of the merits and state the reasons for
granting the motion to withdraw.
Chapter V. ARREST, SEARCH, AND SEIZURE
How made
 The taking of the person into custody
 In order that he may be bound to answer for the offense
 Need not be actually restrained
 Sufficient: submission to the custody of the person
 Control over the person
 Restraint on his liberty
 He is not free to leave on his own volition
Who will arrest?
 Law enforcement officers are entrusted with the power to:
 Conduct investigations
 Make arrests
 Perform searches and seizures of persons and their belongings
 Must be exercised within the boundaries of the law
PROBABLE CAUSE on ARREST
1. Personal knowledge by the arresting officer
2. of facts and circumstances
3. that the arrestee is indeed the perpetrator of the criminal act
QUESTION: What if the act of the officer does not amount to an arrest; will the
requirements on probable cause and personal knowledge stay?
ANSWER: No. It will not be pre-requisites to the legality of the said arrest.
REQUISITES FOR ISSUANCE OF A WARRANT OF ARREST; judge’s duties
(While on preliminary investigation, it was more on the prosecutor’s duty)
1. it shall be issued upon finding of probable cause
 otherwise, unreasonable, violates the constitutional right to privacy
of persons subject to such warrant
2. personally determined by the judge
 case: AAA vs. Carbonell: judge is not required to personally
examine the complainant and her witnesses in satisfying himself of the existence of
probable cause; judge should have taken into consideration the documentary
evidence as well as the transcript of stenographic notes
Ruling: The judge committed grave abuse of discretion for dismissing the criminal
case on the ground that petitioner and her witnesses failed to comply with his orders
to take the witness stand.
Case: Soliven v. Makasiar – this provision does not mandatorily require the judge to
personally examine the complainant and her witnesses. He may opt to:
1. personally evaluate the report and supporting documents submitted by the
prosecutor; or
2. disregard the prosecutor’s report and require the submission of supporting
affidavits of witnesses
 but such personal examination is not mandatory and indispensable in
the determination of probable cause; the necessity arises only when there is an
utter failure of the evidence to show the existence of probable cause;
otherwise, the judge may rely on the report of the investigating prosecutor
The Judge must:
 satisfy himself of the existence of probable cause
 not required to personally examine
 judges merely determine the probability, not the certainty, of guilt of an
accused
 personally review the initial determination of the prosecutor finding probable
cause to see if It is supported by substantial evidence
 but such personal examination is not mandatory and indispensable in the
determination of probable cause; the necessity arises only when there is an utter
failure of the evidence to show the existence of probable cause; otherwise, the judge
may rely on the report of the investigating prosecutor
PROBABLE CAUSE (on WARRANT OF ARREST), defined
 assumes the existence of facts
 that would lead a reasonably discreet and prudent man to believe that a
crime has been committed or it was likely to be committed
 by the person sought to be arrested
In determining probable cause:
 average man weighs the facts and circumstances
 without resorting to the standards of the rules of evidence
 of which he has no technical knowledge
 he relies on common sense
 demands more than suspicion
 requires less than evidence
Personal determination by the judge
 in Carbonell case – judge is not required to personally examine the
complainant and her witnesses; he may take into consideration the documentary
evidence, supporting affidavits
 however, the Court found that the judge’s finding of lack of probable
cause was premised only on the complainant’s and her witnesses’ absence during
the hearing scheduled by the judge for the judicial determination of the probable
cause
 therefore, absence of the complainant or the witnesses, or failure or
refusal to take the witness stand would not warrant the existing of probable cause #lol
#dontstatetheobviousclairy
 SC found that the judge committed grave abuse of discretion for
dismissing the criminal case on the ground that petitioner and her witness failed to
comply with his orders to take the witness stand
Judge may disregard the fiscal’s report and require the submission of supporting
affidavits of witness to aid him in determining probable cause – case: Soliven v
Makasiar
 Judges just personally review the initial determination of the prosecutor The officer also has the duty to deliver the person arrested to the nearest police
finding a probable cause to see if it is supported by substantial evidence station or jail without necessary delay.
 Personal examination – not mandatory and indispensable;
When personal examination is required (literal) When the person to be arrested is INSIDE a BUILDING
 Only when there is utter failure to show the existence of probable cause 1. The officer is authorized
 Otherwise, judge may validly rely (not solely – hence, evaluation of 2. To break into any building or enclosure
documentary evidence) on the report of the prosecutor , provided that he likewise 3. In case he is refused admittance
evaluates the documentary evidence in support thereof 4. After announcing his authority and purpose
 He should not rely solely on the report of the investigating prosecutor but 5. If necessary, he may break out from said place to liberate himself
must also evaluate the documentary evidence and affidavits, and stenographic notes
 If the report, taken together with the supporting evidence, is sufficient to LAWFUL WARRANTLESS ARREST*
sustain a finding of probable cause, it is not compulsory that a personal examination 1. in flagrante delicto – in his presence, the person to be arrested, is actually
of the complainant and his witnesses be conducted committing or is attempting to commit an offense
 Never allowed to follow blindly the prosecutor a. citizen’s arrest is allowed
2. hot pursuit – an offense has just been committed, and he has probable
When directly filed with the MTC cause to believe based on personal knowledge of facts/circumstances that the
1. Judge shall personally evaluate the evidence; or person to be arrested has committed it
2. Personally examine in writing and under oath the complainant and his 3. escapee – when the person to be arrested is a prisoner who has escaped
witnesses in the form of searching questions and answers *the exception to the general rule that a warrant of arrest is required before an arrest
Method of Arrest with a warrant is made
1. Warrant is issued by a judge
2. Delivered to the proper law enforcement officer for execution WHAT is CITIZEN’S ARREST?
3. Head of the office to whom the warrant of arrest was delivered shall cause  a private person, may without a warrant, arrest a person when, in his
the warrant to be executed within 10 days from its receipt presence, the person to be arrested is in flagrante
4. Within 10 days after the expiration of the period, the officer to whom it was Who may make the warrantless arrest?
assigned for execution shall make a report to the judge who issued the warrant 1. Peace officer
5. In case of his failure to execute, he shall state the reasons for its non- 2. Private person
execution 3. a bondsman
Procedure of arrest by virtue of a warrant; the OFFICER SHALL:
1. Inform the person to be arrested of the cause of his arrest; Requisites of in flagrante delicto
2. Inform him of the fact that a warrant has been issued 1. accused must perform an overt act
2. done in the presence or within the view of the arresting officer
The information need not be made when the person to be arrested:  mere suspicion and reliable information – not justification for a warrantless
1. Flees arrest!
2. Forcibly resists
3. Giving of the information will imperil the arrest CASES where warrantless arrest is upheld
The HOT PURSUIT exception
NOTE: The officer need not have the warrant in his possession at the time of the
arrest. However, after the arrest, the warrant shall be shown to him as soon as REQUIREMENTS:
practicable, if the person arrested so requires. 1. Offense has just been committed
2. The person making the arrest has personal knowledge of facts indicating
that the person to be arrested has committed it
 d. To be visited by the immediate members
Note: a warrantless arrest made, one year after the offense was allegedly committed
is an illegal arrest! Custodial investigation – in a form of an “invitation” to person who is investigated in
connection with the offense he is suspected to have committed
Does not require the officers to personally witness the commission of the
offense; PERSONAL KNOWLEDGE must be based on PROBABLE CAUSE – Effect of an ILLEGAL ARREST on JURISDICTION of the court
actual belief or reasonable grounds of suspicion.  Legality of the arrest affects only the jurisdiction of the court over the
person
Reasonable ground:  Waiver of an illegal warrantless arrest does not mean a waiver of the
1. Based on actual facts inadmissibility of evidence seized during an illegal warrantless arrest.
a. Supported by circumstances sufficiently strong in themselves to create Chapter XI JUDGMENT
probable cause of guilt
b. Probable cause with good faith Judgment, defined.
Method of arrest WITHOUT a WARRANT  Adjudication by the court
1. Arrest by an officer; he shall inform:  That accused is guilty or not guilty
a. Of his authority  Imposition of the proper penalty
b. Cause of his arrest  And civil liability
 The info need not be given if:
a. If the person to be arrested is engaged in the commission of an offense Formal Requisites of Judgment:
b. In the process of being pursued immediately after its commission 1. Written in the official language
c. Escapes or flees 2. Personally and directly prepared an signed by the judge
d. Forcibly resists before the officer could inform him 3. Must contain clearly and distinctly
e. The information will imperil the arrest a. Statement of facts
Officer may: b. Law
 Summon assistance
 Break into a building or an enclosure or break out from it Jurisdictional requirements:
a. over the subject matter
2. Arrest by private person; he shall inform b. territory
a. His intention to arrest him c. person of the accused
b. Cause of his arrest
*need not be given under the same conditions above Contents of a judgment of CONVICTION
a. legal qualification
NOTE: the right to break into a building or an enclosure does not apply to private b. aggravating and mitigating circumstances
person!! c. participation of the accused; principal, accomplice, accessory
d. penalty imposed
TIME OF ARREST: any day; any time of the day or night e. civil liability or damages

Rights of a person arrested: Contents of a judgment of ACQUITTAL:

a. Assisted by counsel at all times 1. state whether the evidence of the prosecution:
 Counsel must be independent and competent i. absolutely failed to prove the guilt
b. Remain silent ii. merely failed to prove his guilt beyond reasonable doubt
c. To be informed of the above rights
2. determine if the act or omission from which the civil liability might arise did
not exist Notice on the promulgation of judgment
Note: verdict of acquittal is immediately final!  given by the clerk of court personally to the accused or thru his bondsman or
warden and counsel
Rule on duplicitous complaint or information; two or more offenses in a single  if tried in absentia – served at his last known address
information or complaint – 2-in-1
 Remedy: MOTION TO QUASH (during arraignment) What if the accused fails to appear in the promulgation?
 Exception: when the law prescribes a single punishment for various 1. Shall be made by recording the judgment in the criminal docket
offenses 2. Serve him a copy at his last known address or thru his counsel
What happens if the accused fails to object before trial?
 Waiver Judgment for conviction:
 May be convicted for as many offenses as are charged and proved, and  Accused fails to appear without just cause
impose penalty for each offense!  He shall lose the remedies available against the judgment
 Note: can no longer be raised on appeal  Court shall order his arrest
Judgment rendered by a judge who did not hear the case  Within 15 days from promulgation of judgment, accused may surrender and
 Valid! file a motion for leave of court to avail the remedies
 Valid even if he merely relied on the records of the case Modification of Judgment
 especially where the evidence on record is sufficient to support its 1. Upon motion of the accused
conclusion 2. Before the judgment becomes final or before appeal is perfected

Variance doctrine; variance between allegation and proof When judgment becomes FINAL
a. offense proved is different from the offense charged a. After the lapse of the period for perfecting an appeal; or
b. offense charged is either included in the offense proved or necessarily b. When the sentence has been partially or totally satisfied or served
includes the offense proved c. When the accused has waived his right to appeal
d. He has applied for probation
General rule: convicted only of the offense charged
Exception: variance doctrine; may be convicted of the: Entry of judgment
 offense proved which is included in the offense charged or of the offense  After judgment has become final, it shall be entered in accordance with
charged which is included in the offense proved Section 8, Rule 120, Rules of Court

When an offense includes or is included in another II – NEW TRIAL OR RECONSIDERATION (conviction)

1. essential elements or ingredients of the offense charged constitute or Who may file? – Accused
form part the offense proved When filed? – any time before the judgment of conviction becomes final

Promulgation of Judgment The court may:

1. by reading in the presence of the accused and any judge a. Grant a new trial or reconsideration
2. for light offense – in the presence of counsel or representative b. With the consent of the accused
3. may be promulgated by the clerk of court if the judge is absent or outside the c. Without waiting for the motion of the accused
province or city
4. if the accused is confined or detained in another province or city, may be Grounds for new trial
promulgated by the executive judge of the RTC having jurisdiction over the place of a. Errors of law
confinement or detention b. Irregularities prejudicial to the substantial rights
 c. New and material evidence has been discovered*  Once granted by law, its suppression is tantamount to a violation of due
1. Discovered after trial process
2. accused could not have discovered and produced  Subject: judgment or final order
3. Even with the exercise of reasonable diligence
4. And which if introduced would probably change the judgment Who may appeal?
i. It must be material  Any party
ii. Must affect the merits and produce a different result if admitted  Exception: accused will be placed in double jeopardy
iii. must concur
What if the accused appeals?
Grounds for reconsideration  Waives his right against double jeopardy
1. errors of law  Runs the risk of being sentenced to a penalty higher than that imposed by
2. errors of fact the trial court
Form:
1. in writing Who may institute proceedings before the CA or SC?
2. state the grounds  Only the OSG or Solicitor General (as appellate counsel)
a. if based on new and material evidence it should be supported by affidavits  He should be given the opportunity to be heard in behalf of the
Notice of the motion People.
 given to the prosecutor
Case: appellate court failed to notify the Solicitor General of its resolution on a
When hearing on the motion is required petition filed by the accused and failed to require to file its comment – effect:
 when it calls for a resolution of a question of fact deprivation of a fair opportunity to prosecute and prove its case
Rule: a petition for review should be filed by the Solicitor General who is solely
EFFECT: vested with the authority to represent the people
a. based on errors of law or irregularities
 all the proceedings and evidence affected shall be EFFECT OF APPEAL on CRIMINAL CASE:
i. set aside; and  Opens the entire case for review
ii. taken anew  Appellate court may correct errors; or
 the court may allow additional evidence  reverse the trial court’s decision on grounds other than those that the parties
b. newly-discovered evidence raised as errors
 evidence already adduced shall stand
 the newly-discovered evidence shall be taken together with the EFFECT of appeal on civil case:
evidence already in record  in contrast with the criminal case
c. in all cases where it is granted  no error will be considered by the appellate court unless stated in the
 original judgment shall be set aside or vacated assignment of errors, except when:
 new judgment shall be rendered a. error affects the jurisdiction
b. affects the validity of the judgment appealed
III – APPEALS c. closely related or dependent on an assigned error
 Not a natural right d. plain error or a clerical error
 Merely a statutory privilege
 May be exercised in the manner and in accordance with the provisions of Change of theory on appeal – not allowed!
law Rule: A PARTY CANNOT
1. change his theory on appeal
 2. nor raise in the appellate court any question of law or of fact that was not  procedural consequences; the stay of execution will not benefit those
raised in the court below accused who failed to file on time
3. or which was not within the issue raised in their pleading COURT OF APPEALS may dismiss:
WHERE and HOW to appeal? 1. if the appellant fails to file within the time prescribed
a. RTC – cases decided by MTC a. except: appellant is represented by a counsel de oficio
1. Notice of appeal served to the RTC 2. if the appellant escapes
2. filed with the court which rendered the judgment Ground for reversal of judgment or its modification
3. serve a copy upon the adverse party (personal service) Rule: CA is mandated not to reverse or modify a judgment
 No notice of appeal – RTC imposed the reclusion perpetua; the CA will Except: After examination of the record and evidence, it finds that there is an error
automatically review the judgment which injuriously affects the substantial rights of appellant
b. CA or SC – cases decided by RTC
1. Judgment by the RTC in its original jurisdiction Rule if the opinion of the Supreme Court en banc is equally divided
i. Notice of appeal 1. It shall again be deliberated (re-deliberation)
2. Judgment by the RTC in its appellate jurisdiction 2. If no decision is reached, judgment of conviction of the lower court shall be
i. File a petition for review reversed and the accused acquitted!
b. SC – cases decided by CA
1. Petition for review on certiorari IV PROVISIONAL REMEDIES IN CRIMINAL CASES
 Remedies available in a civil action; since a civil action is deemed instituted
When appeal is to be taken in the criminal case, it follows that provisional remedies are also available, save in
1. Within 15 days from promulgation of judgment cases where the civil action is reserved, or waived, or separately filed
2. The period shall be suspended from the time a motion for new trial or To avail:
reconsideration is filed until overruled  the criminal action must be one with a corresponding civil liability
May an appeal be withdrawn?  the civil action must be one arising from the offense charged and which is
Yes. As long as the record has not been transmitted or forwarded to the appellate instituted in the said criminal action
court. When it is withdrawn – judgment becomes final!  IF, civil action has been waived, reserved, or instituted separately – the
1. Motion to withdraw is filed provisional remedy may not be availed of. Instead, it may be applied for in the
2. Filed before the RTC separate civil action
EFFECT of appeal by any of several accused Who may avail? – offended party
 Only binds those who appealed What are these provisional remedies?
 Will not affect those who did not appeal 1. Preliminary attachment
 Except: judgment is favorable to others; this time it will bind the others who 2. Preliminary injunction
did not appeal 3. Receivership
 Except: procedural consequences; the stay of execution will not benefit 4. Replevin
those accused who failed to file on time 5. Support pendente lite
Appeal from the civil aspect
 Shall not affect the criminal aspect When preliminary attachment is available
 Within 15 days from promulgation of judgment  when the civil action is properly instituted in the criminal action
Period to apply for probation  when the accused is about to abscond
 Within 15 days from promulgation  when criminal action is based on claim for money or embezzlement or
Stay of execution misappropriation
 Upon perfection of the appeal  when accused has concealed, removed, or disposed of his property, or is
about to do so
 when the accused resides outside the Phils.
 May be availed of without the need for a showing that the accused has
concealed, removed, or disposed of his property or is about to do so.