THE RULES OF

CRIMINAL
PROCEDURE
(AS AMENDED, DECEMBER 1, 2000)
ATTY. SARAH JANE BORROMEO DITUCALAN
CLERK OF COURT V
REGIONAL TRIAL COURT, BRANCH 27
COTABATO CITY AND MAGUINDANAO
CRIMINAL PROCEDURE
The method prescribed by law for the
apprehension and prosecution of persons
accused of any criminal offense, and their
punishment, in case of conviction.

It is concerned with the procedural steps

through which a criminal case passes,
commencing with the initial investigation
of a crime and concluding with the
unconditional release of the offender.
 CRIMINAL JURISDICTION
The authority to hear and decide a particular
offense and impose punishment for it.

The three requisites, namely:

1. Subject matter – cases of the general class where

the proceedings in question belong as determined
by the nature of the offense and by the penalty
imposed by law;
2. Territory – the geographical limits of the territory
over which the court presides and where the
offense was committed; and
3. Person of the accused – acquired thru: a) arrest
[with warrant or warrantless] or b) voluntary
surrender.
 RULE 110
PROSECUTION OF OFFENSES
HOW ARE CRIMINAL ACTIONS
INSTITUTED?

1. For offenses where a preliminary

investigation is required pursuant to
section 1 of Rule 112, by filing the
complaint with the proper officer for
the purpose of conducting the
requisite preliminary investigation.
For the all other offenses, by filing
the complaint or information directly
with the MTC or MCTC, or the
complaint with the office of the
prosecutor.

In Manila and other chartered cities,

the complaint shall be filed with the
office of the prosecutor unless
otherwise provided in their charters.
 WHAT IS THE It shall interrupt
EFFECT OF THE the running of
INSTITUTION OF the period of
THE CRIMINAL
ACTIONS ON prescription of
THE PERIOD OF the offense
PRESCRIPTION unless otherwise
OF THE provided for in
OFFENSES? special laws;
 SEC. 3. Complaint defined.
– A complaint is a sworn written
statement charging a person with
an offense, subscribed by the
offended party, any peace officer,
or other public officer charged
with the enforcement of the law
violated.
 SEC. 4. Information defined.
– An information is an accusation
in writing charging a person
with an offense, subscribed by
the prosecutor and filed with
the court.
Sec. 13. Duplicity of the offense. – A
complaint or information must charge
only one offense, except when the law
prescribes a single punishment for various
offenses.

General rule: A complaint or information

must charge only one offense.

Exception: when the law provides only one

punishment for the various offenses (complex and
compound crimes under Article 48 of the RPC and
special complex crimes)
 RULE 112.
PRELIMINARY
INVESTIGATION
Preliminary investigation is an
inquiry or proceeding to
determine whether there is
sufficient ground to engender a
well-founded belief that a crime
has been committed and the
respondent is probably guilty
thereof, and should be held for
trial.
When required?

Before the filing of complaint

or information for an offense
where the penalty prescribed
by law is imprisonment of at
least 4 years, 2 months and 1
day, without regard to fine.
 IS THE RIGHT TO PRELIMINARY
INVESTIGATION A FUNDAMENTAL RIGHT?
1. No, it is a statutory right;
2. May be waived expressly or by silence;
3. It is not an element of due process
unless it is expressly granted by law;
4. While the right to a PI may be
substantial, nevertheless it is not a
constitutional right.
Section 6. When warrant of arrest may issue.
— (a) By the Regional Trial Court.

1. Within 10 days from the filing of

the complaint or information, the
judge shall personally evaluate the
resolution of the prosecutor and its
supporting evidence.
2. He may immediately dismiss the
case if the evidence fails to establish
probable cause.
3. If he finds probable cause, he shall issue a
warrant of arrest or a commitment order if the
accused has already been arrested or if he
was arrested by virtue of a lawful arrest
without warrant.

4. In case of doubt on the existence of probable

cause, the judge may order the prosecutor to
present additional evidence within 5 days from
notice and the issue must be resolved within
30 days from the filing of the complaint or
information.
INSTANCES WHEN WARRANT
OF ARREST NOT NECESSARY

1) if the accused is already under

detention;
2) if the complaint or information
was filed after the accused was
lawfully arrested without warrant;
3) if the offense is punishable by fine
only.
RULE 113
ARREST
ARREST ; Defined -
1. [Based on Rules of Court] The taking
of a person in custody in order that he
may be bound to answer for the
commission of an offense (Sec. 1, RRC)

2. [Based on Jurisprudence] A restraint

on person, depriving one of his own will
and liberty, binding him to become
obedient to the will of the law (Larrañaga v.
CA, 92 SCAD 605)
Q: What are the modes of
effecting arrest?

A: 1. By actual restraint of the person

to be arrested;

2. By his submission to the custody of

the person making the arrest
As to the presence or absence
of judicial order:

1) By virtue of a warrant, or
2) Warrantless arrest, in cases
allowed by the Rules
(a) When, in his presence, the person to be arrested
has committed, is actually committing, or is
attempting to commit an offense. This is also known
as an in flagrante delicto (or in the very act of
wrongdoing) arrest.

(b) When an offense has just been committed and he

has probable cause to believe based on personal
knowledge of facts or circumstances that the person
to be arrested has committed it. This is also known as
a hot pursuit arrest.

(c) When the person to be arrested is a prisoner who

has escaped from a penal establishment or place
where he is serving final judgment or is temporarily
confined while his case is pending, or has escaped
while being transferred from one confinement to
another.
Section 6. Time of making arrest.

Unlike a search warrant which must be

served only in daytime, an arrest may
be made on any day and at any time of
the day or night, even on a Sunday.
This is justified by the necessity of
preserving the public peace.
D. For purposes of arrest – Officer
may break into any building or
enclosure where the person to be
arrested is or is reasonably
believed to be, if he is refused
admittance thereto, after
announcing his authority and
purpose
For purposes of search and seizure –
he cannot break into any building or
enclosure without violating the right
of privacy. Exceptions:

1) When there is consent

2) When there is a warrant.
Tests in determining lawfulness of USE OF
LETHAL FORCE by the arresting officer:

1) Test of reasonability – conduct of

the arresting officer is examined.
Where the precipitate action of the
arresting officer resulted in the loss of a
human life and there exists no
circumstances whatsoever justifying the
shooting of a person who is asleep, even if
he is a notorious criminal – condemnation,
and not condonation should be the rule
(People v. Oanis, 74 Phil. 257).
2) Test of necessity – conduct of the
person arrested is examined.

Where the arrested person attempts to

flee, struck a policeman with his fists,
draw a mess knife and attacked another
policeman, the arresting officer is not
required to afford him a fair opportunity
for equal struggle. A police officer, in the
performance of his duty, must stand his
ground and cannot, like private
individual, take refuge in flight. His duty
requires him to overcome the offender
(US v. Mojica, 42 Phil 784).
RULE 114
BAIL
Bail -- the security given for the
release of a person in custody of
the law, furnished by him or a
bondsman, conditioned upon his
appearance before any court as
required under the conditions
specified by the rule.
(Sec. 1, Rule 114).
 General rule:
The right to bail only accrues
when a person is under custody.
Court must have jurisdiction over
the person of the accused either
thru:
1) arrest, with or without
warrant, or
2) voluntary surrender
Exception:
When the person under investigation
cannot personally appear because he
is hospitalized but applies for bail
through his counsel, he is deemed to
be under the constructive custody of
the law
RULE 115
RIGHTS OF
THE ACCUSED
To be presumed innocent until the contrary is
proved beyond reasonable doubt.
The starting point is the presumption of innocence (See:
Section 3, Par. (a), Rule 131, RRC) It is incumbent upon the
prosecution to demonstrate culpability. The burden of
proof lies in the prosecution. Unless guilt beyond
reasonable doubt is established, the accused need not prove
his innocence.

Burden of proof – the duty of the affirmative to prove

what it alleges. (Africa, The Art of Argumentation and
Debate).

Absolute certainty is not demanded by the law to convict but only

moral certainty.
To be informed of the nature and cause
of the accusation against him.

▪ Essential to avoid surprise and to afford

him the opportunity to prepare his
defense accordingly.
▪ Arraignment serves this purpose by
informing him why the prosecuting arm of
the state is mobilized against him.
▪ An accused cannot be convicted of an
offense unless it is clearly charged in the
compliant or information. Basic rule – you
cannot prove what you did not allege.
 To be present and defend in person and by counsel at
every stage of the proceedings, from arraignment to
promulgation of judgment.

▪ Express or Implied waiver is

renunciation to be present on that
particular date only.
▪ Escape of the accused is waiver by
implication to be present on said
date and all subsequent trial dates.
[Fact of escape made his failure unjustified
because he has, by escaping, placed himself
beyond the pale and protection of the law.]
 Right to have a counsel
▪ Right to counsel is right to effective
counsel. It is not enough to simply
appoint a counsel de officio. Counsel
must have no conflict of interest. Thus, a
fiscal cannot be appointed as counsel de
officio.

▪ When an accused is represented by a fake

lawyer who pretended to be a member of
the bar, his right to counsel is violated,
unless the accused voluntarily chose him
knowing him to be a non-lawyer.
 To testify as a
witness in his own
behalf

▪ To testify as a witness in his own behalf

but subject to cross-examination on
matters covered by direct examination.

▪ His silence shall not in any manner

prejudice him.
To be exempt from being compelled
to be a witness against himself.
Right to testify in his own behalf:

▪ Once exercised, the accused is

subject to limited cross-
examination.
▪ If not exercised, no inference of
guilt can be derived from his silence
alone.
 Right against Self-incrimination:
▪ Intended to shield the guilty &
imprudent as well as the innocent &
farsighted.

▪ Based on public policy and

humanity, otherwise, the accused
will be placed on the strongest
temptation to commit perjury.
To confront and cross-examine the
witnesses against him at the trial.

Reasons:
✓ To meet the witness face to face (Bill of
Rights, 1987 Constitution)
✓ To enable the court to judge the
truthfulness, deportment, and the
appearance of the witness while
testifying (US v, Javier, 37 Phil 449).
To confront and cross-examine the
witnesses against him at the trial.

Effect of absence of right to cross

examine:

When there is express or implied waiver –

no effect

In the absence of waiver – testimony of the

witness cannot be considered as complete
and therefore cannot form part of the
evidence against the accused.
To have compulsory process issued to
secure the attendance of witnesses and
production of other evidence in his
behalf.
“Compulsory process” refers to the issuance
of the court of:

Sub-poena – for the attendance of witnesses

Sub-poena duces tecum – for the production of
documents
 Notes:
A. If a sub-poena or sub-poena duces
tecum is issued and the person named in
the sub-poena refuses to appear or
refuses to produce the required
documents without justifiable reasons –
court has the power to declare that
person in contempt and may order his
arrest. [People v. Montejo, 21 SCRA 722].

B. The coercive powers of the court must

be employed in order to give meaning to
this right.
To have speedy, impartial and
public trial.
Speed: Justice delayed is justice as denied

Impartiality: Every party litigant is entitled to

nothing less than the cold neutrality of an impartial
court (Macalintal v. Judge Teh, 280 SCRA 623).

Public trial: So that the public may see that he is

fairly dealt with and not unjustly condemned in
case of conviction. So the public may know of the
fact or the basis of his innocence in case of
acquittal.
 RULE 116
ARRAIGNMENT
AND PLEA
Arraignment:
The initial step in a criminal prosecution
whereby the defendant is brought before the
court to hear the charges and to enter a plea
(Black’s Law Dictionary).

Venue for Arraignment and Plea:

Before the court where the complaint or
information was filed or is assigned for trial.
PRE-TRIAL CONFERENCE
Private offended party shall be required to
appear for purposes of:

❑Plea-bargaining
❑Determination of civil liability
❑Other matters requiring his presence
In case of failure of the offended party to appear
despite due notice – conformity of prosecutor is
sufficient for purposes of pleading guilty to a lesser
offense which is necessarily included in the offense
charged.
Q: What is plea bargaining?
A: Plea bargaining is the process whereby the
accused, the offended party and the prosecution
work out a mutually satisfactory disposition of the
case subject to court approval.

It usually involves the defendant’s pleading guilty

to a lesser offense or to only one or some of the
counts of a multi- count indictment in return for a
lighter sentence than that for the graver charge.
RULE 119
TRIAL
INSTANCES WHEN PRESENCE OF
THE ACCUSED REQUIRED -

1. Upon arraignment and in entering plea;

2. During trial when his presence is
necessary for the purpose of identification;
3. Upon promulgation of judgment except
for light offenses
4. When the court with due notice requires
so.
Q: Is there a time limit for the trial of
criminal cases?

A: GR: Trial shall not exceed 180 days from

the first day of trial.

XPNs:
1. Those governed by the rules on summary
procedure;
2. Those where the penalty prescribed by law
does not exceed 6 months imprisonment or a
fine of P1,000 or both; and
3. Those authorized by the Chief Justice of
the SC. (Sec. 6, R.A. 8493, Speedy Trial Act)
Q: May trial proceed in the absence of
the accused?

A: YES. Section 14 (2), Article 3 of the

Constitution provides that trial may
proceed notwithstanding the absence of
the accused provided that he has been
duly notified and his failure to appear is
unjustifiable. (Parada v. Veneracion, A.M. No.RTJ-96-
1353. March 11, 1997)
 RULE 120
JUDGEMENT
Section 1. Judgment definition and
form. —

Judgment is the adjudication by the court

that the accused is guilty or not guilty of the
offense charged and the imposition on
him of the proper penalty and civil
liability, if any. It must be written in the
official language, personally and
directly prepared by the judge and
signed by him and shall contain clearly and
distinctly a statement of the facts and the law
upon which it is based.
Section 6. Promulgation of judgment.
— The judgment is promulgated by
reading it in the presence of the
accused and any judge of the court
in which it was rendered. However,
if the conviction is for a light offense,
the judgment may be pronounced in
the presence of his counsel or
representative. When the judge is absent or
outside of the province or city, the judgment
may be promulgated by the clerk of court.
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