Criminal Procedure Notes Riano

CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES
CHAPTER 1: PRELIMINARY CONSIDERATION JURISDICTION OVER THE JURISDICTION OVER

I. BASIC CONCEPTS SUBJECT MATTER THE PERSON OF THE
CONCEPT OF CRIMINAL PROCEDURE ACCUSED
- Series of processes by which the criminal laws are enforced and by which the state prosecute persons - Authority of the court to hear and - Authority of the court over the
who violate the penal laws determine a particular person charged
- Regulates the steps by which one who committed a crime is to be punished criminal case. - Person charged must have been
- Generic term to describe the network of laws and rules which governs the procedural administration - Authorized by law brought in to its forum for
of justice c trial, forcibly by warrant of
ADVERSARIAL OR ACCUSATORIAL SYSTEM Substantive law is that law which arrest or upon his voluntary
- Two contending parties before the courts which hears them impartially and renders judgment only creates, defines regulates and submission to the court.
after trial extinguishes rights and obligations.
- Prosecution and the defense tries to convince the court that its position is the correct version of the Remedial law is that law which
truth provides the procedure or remedy for
- STARTS: indictment (complaint or information) enforcement of rights and obligations
- Government and accused present their evidence before the court which shall decide either on through the courts of justice.
acquittal or conviction of the accused
- Court plays an active role and may utilize evidence gathered outside the court and a judge or a group Remedial law is mostly in the Rules of
of judges under this system actively participates in the gather of facts and evidence instead of Court. Circulars of the Supreme Court
merely passively receiving information or evidence. implementing the Rules of Court are
- Judge steers the course of the proceedings by directing and supervising the gathering of the evidence also sources of remedial law. An
and the questioning of the witnesses example of such circular is the Rules
- VS. INQUISITORIAL SYSTEM : on Summary Procedure.
LIBERAL INTERPRETATION OF THE RULES
- Liberally construed in order to promote their objective of securing a just, speedy and inexpensive Section 13, Article VIII, of the
disposition of every action and proceeding. Constitution prescribes that "the
DUE PROCESS:MANDATORY Supreme Court shall have power to
- “law which hears before it condemns and proceeds upon inquiry and renders judgment only after promulgate rules concerning pleading,
trial” practice and procedure in all courts, but
- REQUIREMENTS OF DUE PROCESS said rules shall not diminish, increase
1. Tribunal trying the case is properly clothed with judicial power to hear and determined the or modify substantive rights e meaning
matter before it of SUBSTANTIVE RIGHT is a right
2. Jurisdiction is lawfully acquired by it over the person of the accused (as of life, liberty, property, or
3. Accused is given opportunity to be heard reputation
- Judgment is rendered only upon lawful hearing
A. REQUISITES FOR THE EXERCISE OF CRIMINAL JURISDICTION JURISDICTION OVER THE TERRITORY; VENUE IN CRIMINAL CASES
1. Jurisdiction over the subject matter - Offense must have been committed within the court’s territorial jurisdiction.
2. Jurisdiction over the territory - Determined by the facts alleged in the complaint of information.
3. Jurisdiction over the person of the accused o Tried in the court of the municipality or territory wherein the offense was committed or
JURISDICTION OVER THE SUBJECT MATTER VERSUS OVER THE PERSON OF where anyone of the essential ingredients took place.
THE ACCUSED
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- PURPOSE for having a case tried in the court of the territory where the offense was  It must state the libelous material was either printer or first published in the
committed: not to compel the defendant to move to, and appear in, a different court from that of place of the filing of the information.
the province where the crime was committed as it would cause him great inconvenience in b. Private individual – CFI (RTC) of the province where he actually resided at the
looking for his witnesses and other evidence in another place. time of the commission of the offense
- Court finds out that the offense was committed elsewhere : DISMISS the action for want of c. Public Officer in Manila – CFI (RTC) of Manila
jurisdiction d. Public Officer outside Manila – CFI (RTC) of the province / city where he held
WHEN A COURT HAS JURISDICTION TO TRY OFFENSES NOT COMMITTED office at the time of the commission of the offense
WITHIN ITS TERRITORIAL JURISDICTION B. CRIMINAL JURISDICTION OVER THE SUBJECT MATTER
1. ENUMERATED IN ART. 2 OF THE RPC JURISDICTION OVER THE SUBJECT MATTER
Art. 2. Application of its provisions. — Except as provided in the treaties and laws of preferential - JURISDICTION –
application, the provisions of this Code shall be enforced not only within the Philippine o right to act or he power and authority to hear and determine a cause
Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its o determined issues of facts and of law, the power to inquire into the facts, to apply the
jurisdiction, against those who: law and to pronounce judgment.
- CRIMINAL JURISDICTION-
1. Should commit an offense while on a Philippine ship or airship o Authority to hear and try a particular offense and impose the punishment for it.
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or HOW JURISDICTION OVER THE SUBJECT MATTER IS CONFERRED
obligations and securities issued by the Government of the Philippine Islands - Conferred by the law. Conferment from the statute must be clear or will not be held to exist
3. Should be liable for acts connected with the introduction into these islands of the - Jurisdiction over subject matter cannot be waivered.
obligations and securities mentioned in the presiding number; HOW JURISDICTION OVER THE SUBJECT MATTER IS DETERMINED
4. While being public officers or employees, should commit an offense in the exercise - Determined by the allegations in the COMPLAINT OF INFORMATION not by the evidence
of their functions; or presented by the parties at the trial
5. Should commit any of the crimes against national security and the law of nations, - Cases cognizable by SANDIGANBAYAN
defined in Title One of Book Two of this Code. (CRIMES AGAINST NATIONAL - COMPLEX CRIMES : jurisdiction is with the court having jurisdiction to impose the maximum and
SECURITY: treason, conspiracy and proposal to commit treason, misprision of treason, most serious penalty imposable on the offense forming part of the complex crime.
espionage, inciting to war and giving motives for reprisal, violation of neutrality, STATUTE APPLICABLE TO A CRIMINAL ACTION
correspondence with hostile country, and flight to enemy’s country RPC 114-121) - Criminal action is determined by the law in force at the time of the institution of the action and not
(CRIMES AGAINST LAW OF NATIONS: piracy and mutiny, qualified piracy RPC during arraignment of the accused
122-123 - Statute in force at the time of the institution of the action determines jurisdiction of the court and not
2. SC orders a change of venue or place of trial to avoid miscarriage of justice at the time of its commission.
3. Offense is committed in a train, aircraft or other public or private vehicle in the course of its USE OF THE IMPOSABLE PENALTY
trip. Instituted and tried in the court of any municipality or territory where said train, aircraft or - Consider the penalty which may be imposed upon the accused not the actual penalty imposed after
vehicle passed during its trip. May also be instituted in the place of departure and arrival. trial
4. Committed on board a vessel in the course of its voyage, can be instituted and tried in the place - Extent of the penalty which the law imposes for the offense, on the basis of the facts alleged in the
of the commission of the crime, in the court of the first port of entry or in the municipality or information or complaint.
territory where the vessel passed during the voyage PRINCIPLE OF ADHERENCE OF JURISDICTION OR CONTINUING JURISDICTION
5. Cognizable by the Sandiganbayan which depends upon the nature of the offense and the - Once a court has acquired jurisdiction, that jurisdiction continues until the court has done all that it
position of the accused. can do in the exercise of that jurisdiction.
6. Written Defamation : - Jurisdiction once vested cannot be withdrawn or defeated by a subsequent valid amendment of the
a. Private / Public Official – CFI (RTC) where the libelous article is printed and first information or by a new law amending the rules of jurisdiction
published.
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- EXCEPTION: statute expressly so provides or is construed to the effect that it is intended to operate o Acts of the officer are without or in excess of authority
upon actions pending before its enactment. o Prosecution is under an invalid law, ordinance or regulation
DISMISSAL ON JURISDICTIONAL GROUNDS; SPECIAL APPEARANCE o Double jeopardy is clearly apparent
- Objection based on lack of jurisdiction over the subject matter may be raised at any stage of the o Court has no jurisdiction over the offense
proceedings or on appeal. o Case of persecution rather than prosecution
- Special appearance to challenge the court is not tantamount to estoppel or a waiver of the objection o Charges are manifestly false and motivated by the lust for vengeance
and is not a voluntary submission to the jurisdiction of the court. o Clearly no prima facie case against the accused and motion to quash on that ground has
RAISING THE ISSUE OF JURISDICTION FOR THE FIRST TIME IN THE SUPREME
been denied.
COURT
E. MANDAMUS TO COMPEL PROSECUTION
- Raising the issue of jurisdiction may be raise at any stage of the proceedings or on appeal.
- MANDAMUS: remedial measure for parties aggrieved which shall be issued when “any tribunal,
- Cannot invoke the jurisdiction of the court to secure affirmative relief against his opponent and after
corporation, board, officer or person unlawfully neglects the performance of an act which the law
obtaining and failing to obtain such relief.
specifically enjoins as a duty resulting from an office, trust or station””
C. CRIMNAL JURISDICTION OVER THE PERSON OF THE ACCUSED
- Prosecutor : matter of discretion to determine which persons appear responsible for the
- Jurisdiction of a person is acquired :
commission of the crime. Once he finds the person liable the rule loses its discretionary character
o Arrest / apprehension with or without a warrant
and becomes mandatory. Mandatory to charge that person.
o Voluntary appearance o Public prosecutor is afforded wide latitude and discretion in the conduct of a
o Submission to the jurisdiction of the court preliminary investigation EXCEPT upon judicial review where respondent has clearly
 Filing a motion to quash established that the prosecutor committed grave abuse of discretion.
 Appearing for arraignment II. CRMINAL JURISDICTION OF THE COURTS
 Participating in the trial A. CRIMINAL JURISDICTION OF THE MUNICIPAL TRIAL COURT, MUNICIPAL
 Giving bail CIRCUIT TRIAL COURT AND METROPOLITAN TRIAL COURT
 Counsel- assisted please - Violation of city or municipal ordinances within their respective territories
 Presenting evidence for the defense - Offenses punishable with imprisonment NOT EXCEEDING 6years irrespective of the amount of
o Affirmative relief : deemed to be a submission to the jurisdiction of the court fine and other imposable or accessory penalties (prision correctional)
- EXCEPT: - Fine of not more than 4,000php
o Special appearance to question the jurisdiction of the court over the person of the - Damage to property through criminal negligence
accused - Violation of BP 22
o Files a motion to quash the warrant of arrest. Legality of the court process forcing the - Summary Proceedings
submission of the persons. o Violation of traffic rules and reglations
- Custody of the Law does NOT MEAN being under the jurisdiction of the court. o Violation of the rental law
D. INJUCTION TO RESTRAIN CRIMINAL PROSECUTION o Violation of municipal or city ordinances
- GENERAL RULE: court will NOT issue writs of prohibition or injunction preliminary or final, to o Criminal cases not exceeding 6 monts
enjoin or restrain, criminal prosecution. o Penalty of a Fine not exceeding 1,000php
- EXCEPTION:
o Damage to property through criminal negligence where the fine DOES NOT exceed
o Injunction is necessary to afford adequate protection to the constitutional rights of the
10,000php
accused
- Application for bail in the absence of RTC
o Necessary for the orderly administration of justice or to avoid oppression or multiplicity
- EXCEPTION: those falling withing the exclusive jurisdiction of the RTC and Sadiganbayan
of actions B. CRIMINAL JURISDICTION OF REGIONAL TRIAL COURT
o There is a prejudicial question which is subjudice
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- Exclusive original jurisdiction in all criminal cases not within the exclusive jurisdiction of any court, d.OFFENSES COMMITTED IN RELATION TO THE OFFICE
tribunal or body except those under Sandiganbayan o “The relation has to be such that, in legal sense, the offense cannot exist without the
- Appellate jurisdiction : cases decided by MTC office”
- Special Jurisdiction: cases designated by the SC o Office must be constitutent element of the crime
- Specific Laws: o INFORMATION should aver the intimate connection between the office and the
o Written defamation offense.
o Dangerous drugs act of 2002 o FACTOR THAT CHARACTERIZES THE CHARGE: actual recital of the facts in the
o Intellectual property rights complaint of information
- Money Laundering cases e. WHEN THE ACTUAL SPECIFIC ALLEGATIONS OF THE INTIMACY BETWEEN THE
C. CRIMINAL JURISDICTION OF THE SANDIGANBAYAN OFFENSE AND OFFICIAL DUTIES OF THE ACCUSED NEED NOT APPEAR IN THE
- Anti-Graft and corrupt practices RA 3019 INFORMATION
o One or more of the accused are officials occupying the following positions in the o Not require if public office is a CONSTITUENT ELEMENT of the crime
government: o NOT CONSTITUENT : There should be specific actual allegations: showing intimate
1. officials of the executive branch positions of regional direction and higher connection between the offense charged and the public office.
classified as GRADE 27 and higher of the compensation and position f. ANTI MONEY LAUNDERING CASES
classification act of 1989 o Public officials in conspiracy with a private person shall be under the Sandiganbayan
2. members of congress and officials classified under GRADE 27 g. FORFEITURE CASES
3. members of the judiciary without prejudice to the provisions of the o RA1379: separate and ifferent from a plunder case.
constitution  Preponderance of evidence : disproportion of repsondents properties to his
4. chairman and members of the constitutional commissions legitimate income.
5. National and local officials as GRADE 27 o PLUNDER CASE: sought to be established is the commission of the criminal acts in
o Offenses or Felonious wether simple or complexed committed by public officials and furtherance of the acquisition of ill gotten wealth.
employees SUMMARY PROCEDURE IN CRIMINAL CASES
o Civil and criminal cases in connection with EO 1,2,14,14-A  MTC, MTCC, MTC, MCTC : take cognizant over cases falling under summary procedure.
- Appellate : RTC->Sandiganbayan -> SC  Cases subject to summary proceeding.
a. OFFENSES SUBJECT TO THE JURISDICTION OF THE SANDIGANBAYAN o Violation of traffic rules and reglations
o RA 2019 Anti Graft and Corrupt Practices Act o Violation of BP22
o RA 1379 Act eclaring Forfeiture in Favor of the State any property found to have been o Violation of municipal or city ordinances
lawfully acquired by any public officer or employee o Criminal cases not exceeding 6 monts
o Ch.2 Sec 2 Title 7 Book 2 RPC : bribery in all forms including corruption of public
o Penalty of a Fine not exceeding 1,000php
officers
o Damage to property through criminal negligence where the fine DOES NOT exceed
o Simple or complexed commited by public officials with GRADE 27 salary
10,000php
b. OFFICERS FALLING BELOW SALARY GRADE 27
 FILING : complaint / information
o The Sandiganbayan may take cognizant of cases of those who fall under Grade 27
o Accompanied by the affidavits of the complaint and his witnesses
provided that they hold the position enumerated in the same law
c. SALARY GRADE ALONE DOES NOT DETERMINE JURISDICTION OF THE  Ground to hold a case?
SANDIGANBAYAN a. NO GROUND : dismissal
o Enumerated in PD1606 those official which the Sandiganbayan may take cognizant of b. FOUND GROUND TO HOLD THE ACCUSED TRIAL : set the case for
arraignment and trial
even though falling below Grade 27 salary
 BEFORE CONDUCTING TRIAL : preliminary conference for the purpose:
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a. Entering into a stipulation of facts e. Arrested in flagrante delicto or by virtue of a hot pursuit
b. Allowint the accused to enter a plea of guilty to a lesser offense f. Violations of laws or ordiancens which require compliance with the barangay
c. Accused fails to stipulate it shall not prejudice the accused. Admission during this conciliation proceedings (PD1508 and RA 7160 Local Government Code)
stage must be reduced to writing and sigbed by accused and his counsel. g. Complaint in affidavit form is filed before an authorized officer for the purpose of
d. Actual direct examination NOT REQUIRED. conducting a preliminary investigation, inquiry aimed at determining whether a
e. NOT MANDATE the arrest of the accused EXCEPT where the ground is failure to crime has been committed and that the person complained of is probably guilty
appear when required by the court. thereof. Recommend dismissal or filing of information in court.
f. TRIAL HAS BEEN CONDUCTED: promulgate judgment not later than 30days h. Lawfully arrested without a warrant either by a peace officer or by a private person
after termination of the trial. and those arrested under valid warrantless arrest.
PROHIBITED PLEADINGS, MOTIONS AND PETITIONS IN SUMMARY PROCEDURE i. Law enforcement authorities are in possession of information on possible criminal
- Motion to quash complain or information EXCEPT if the ground is lack of jurisdiction over the activities. The authorities initiate a search and seizure by virtue of a search warrant
subject or failure to comply with the barangay conciliation proceedings duly issued.
- Motion for bills of particulars B. FILING OF THE INFORMATION OR COMPLAINT AND OTHER PROCESSES
- Motion for new trial / consideration of a judgment / reopening of trial  Commenced by filing a complaint or information and prosecuted under the control and
- Petition for relief from judgment direction of the public prosecutor (special cases private prosecutor)
- Motion for extension of time to file pleadings, affidavits or any other paper  Complaint or information is required by the rules to be in writing.
- Memoranda a. Caption (2 names : People of the Philippines and name of the accused)
- Petition for certiorari, mandamus, prohibition against any interlocutory order by the court b. Name of the accused
- Motion to declare the defendant in default c. Name of the offended party
- Dilatory motions for postponement d. Designation of the offense
- Reply e. Acts or omissions constituting the offense
- Third party complaints f. Specific qualifying and aggravating circumstances
- Interventions. C. IMPLIED INSTITUTION OF THE CIVIL ACTION
III. SYNOPSIS OF THE CRIMINAL LITIGATION  GENERAL RULE: Civil liability arising from the offense charged shall be deemed to be
A. INITIAL CONTACT WITH THE CRIMINAL JUSTICE SYSTEM instituted with the criminal action
 Presupposes the prior commission of a crime ir at least the perception that a crime has been  EXCEPT:
committed a. Offended waives the civil action
 VICTIMS: b. Reserves the right to institute the same separately
a. Private person : natural or a juridical person c. Institutes the civil action prior to the criminal action
b. Juridical or artificial person  INDEPENDENT CIVIL ACTIONS : not deemed instituted because they do not legally
c. Public interest arise from the offense charged and are independent sources of liability.
d. National security  When criminal action has been commenced, the civil actions is suspended in whatever stage
 Rules come into operation only when acts are initiated that would put the offender in contact it may be found until final judgment has been entered in the criminal action EXCEPT
with the law. (brought to the attention of duly constituted authorities) a. for INDEPENDENT CIVIL ACTIONS which shall proceed independently of the
 How to institute? criminal action.
a. File a written complaint before the barangay b. prejudicial question (involves an issue similar or intimately related to the issue
b. Sworn statement before the prosecuting arm of the government raised in the subsequent criminal action and the resolution of such issue determines
c. Filing of a complaint directly with the municipal trial court whether or not the criminal action may proceed) which suspends the criminal
d. Law enforcement officers searches a place under the control of the allege offender action.
and seize items D. AVAILMENT OF PROVISIONAL REMEDIES
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 Criminal action is properly instituted with the civil action, offended party may avail of  Example:
provisional remedies. Example: a. Facts charged do not constitute an offense
a. Property of the accused attached as security (claim for money or property b. Court trying the case has no jurisdiction over the offense charged or over the person
embezzled by the accused) of the accused
E. BAIL H. PRE-TRIAL
 Gain his release from confinement by availing of the constitutional right to bail which may  After arraignment and within 30 days from the date the court acquires jurisdiction, court
be given in the form of: shall order mandatory trial conference to consider certain matters including:
a. Corporate surety a. Plea bargaining
b. Bond b. Stipulation of facts
c. Cash deposit c. Marking of the evidence
d. recognizance d. Waiver of objections to admissibility
 Apply for bail e. Possible modification of the order of the trial
a. Before or after he is formally charged f. Other matters that will help promote fair and expeditious trial.
b. Application is made in the court where his case is pending  After PRE TRIAL CONFERENCE the court shall issue an order reciting the actions taken,
 NO BAIL after a judgment of conviction has become final. the facts stipulated and the evidence marked
 Application of bail shall not bar the accused from challenging the validity of his arrest a. Pre- trial order shall bind the parties, limit the matters not disposed, control the
 Matter of RIGHT or JUDICIAL DISCRETION court of the trial
a. Based on the evidence of guilt is strong or not. b. UNLESS modified to prevent manifest injustice
F. ARRAIGNMENT; BILL OF PARTICULARS; SUSPENSION OF ARRAIGNMENT c. Agreements or admissions in pre- trial shall be reduced to writing and signed by the
 ARRAIGNMENT: formal mode and manner of implementing the constitutional right of an accused and counsel
accused to be informed of the nature and cause of the accusation against him I. TRIAL; DEMURRER
 Accused escape before arraignment : NO TRIAL IN ABSENTIA  Within 30 days from receipt of the pre- trial, the trial shall commence and shall continue
 Arraigned in the court where complaint or information was filed. from day to day as far as practicable but may be postponed for a reasonable period of time
a. Made in Open Court, for good cause
b. furnishing the accused with a copy of the complaint or information and  Prosecution presenting evidence
c. reading of the same in a language he understands. a. Accused admits the act or omission the order of trial may be modified
d. Then asked whether he pleads guilty or not guilty.  When prosecution rests its case, accused may now present his evidence to prove his defense
 Accused : remedy and the damages he may have sustained arising from any provisional remedy issued in the
a. Move for bill of particulars (defects in the information or complaint which prevent case
him from properly pleading to the charged preparing for trial) b. Instead of presenting evidence opt to move to dismiss the case by presenting a
b. Suspension of arraignment (justifiable reasons do exist for its suspension when demurrer to evidence on the ground of insufficiency of evidence (the court may
among others, the accused appears to be suffering from an unsound mental dismiss the case after giving prosecution the opportunity to be heard)
condition) c. Demurrer filed with leave of court is denied: accused may adduce evidence
c. Move to quash i.e. dismiss the complaint or information d. Demurrer filed without leave of court is denied: the accused waive the right to
 present evidence
G. QUASHAL OF COMPLAINT OR INFORMATION  Prosecution and the defense my in the same order present rebuttal and sur-rebuttal evidence
 Motion to Quash (written motion signed by the accused or his counsel which is  Upon admission of the evidence the case shall be deemed submitted for decision unless the
supposed to distinctly specify both its factual and legal grounds) court directs them to argue orally or to submit written memoranda
 May move to quash on any grounds provided by the Rules BEFORE ENTERS PLEASE. J. JUDGMENT
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 JUDGMENT: adjudication by the court on the guilt or innocence of the accused and the
imposition on him of the proper penalty and civil liability.
 Requirements: CHAPTER 2: RULE 110 (PROSECUTION OF OFFENSES)
a. Written in the official language INTRODUCTION
b. Personally and directly prepared by the judge I. INSTITUTION OF CRIMINAL ACTIONS
c. Signed by the judge A. PURPOSE OF CRMINAL ACTION
d. Contain clear and distinctly a statement of the facts and the law upon which it is  to determine the penal liability of the accused for having outraged the state with his crime.
based.  FOUND GUILTY: punish him for it
 Promulgation : by reading it in the presence of the accused and any judge of the court in  PARTIES:
which it was rendered UNLESS it is a light offense judgment may be pronounce in the a. People of the Philippines
presence of his counsel/representative b. Accused
K. POST-JUDGEMENT REMEDIES c. Offended Party – ONLY witness for the state
 Before judgment becomes final or before an appeal is perfected, accused may filed for the B. HOW CRIMINAL ACTIONS ARE INSTITUTED
modification of the judgment or for the setting aside of the same.  PRELIMINARY INVESTIGATION IS REQUIRED – filing the complaint with the proper
 Before the judgment of conviction becomes final officer for the purpose of conducting the requisite preliminary investigation (Sec 1 Rule 110
a. Move for new trial upon errors of law or irregularities during the trial and the ROC)
discovery of new or material evidence  PRELIMINARY INVESTIGATION NOT REQUIRED (2 ways) (Sec 1 Rule 110 ROC)
b. Motion for reconsideration on the ground of errors of law or fact in the judgment 1. Filing the complaint/information directly with the Municipal Trial Court and Municipal
c. Court on its own with the consent of the accused grant a new trial or reconsideration Circuit Trial Court
 Before the finality of judgment, an appeal from a judgment of conviction in accordance with 2. Filing the complaint with the office of the prosecutor
the riles, Notwithstanding the perfection of the appeal, court may allow the appellant upon C. INSTITUTION OF CRIMINAL ACTIONS IN MANILA AND OTHER CHARTERED
proper motion to withdraw the appeal already perfected before the record has been CITIES
forwarded by the clerk of court to the proper appellate court.  SPECIAL RULE – filed with the office of the prosecutor UNLESS otherwise provided in
a. Appeal may be withdrawn upon proper motion of the appellant before the rendition their charters (Sec 1 Rule 110 ROC)
of the judgment of the case on appeal. D. NO DIRECT FILING IN THE REGIONAL TRIAL COURT AND METROPOLITAN
 Cases decided by MTC, MCTC, MTC or MCTC shall be appealed to the RTC. TRIAL COURT OF MANILA AND OTHER CHARTERED CITIES
a. RTC shall be appealable to the CA or to the SC as provided by the law  WHY? Because its jurisdiction cover offenses which requires preliminary investigation
b. CA / Sandiganbayan shall be appealable to the SC  PRELIMINARY INVESTIGATION: conducted for offenses where the penalty prescribed
 Appeal to the RTC/CA decided by RTC shall be by notice of appeal filed with the court by law is at least 4 years, 2 months, 1 day imprisonment.
which rendered judgment or final order appealed from a. JURISDICTION oF RTC : offense punishable with imprisonment of more than 6
 Appeal to the CA decided by the RTC shall be by petition for review under Rule 42 years.
 Appeal in cases where the punishment is reclusion perpetua by the RTC shall be by notice of b. JURISDICTION of MTC: offense punishable with imprisonment not exceeding 6
appeal to the Ca in accordance with Rule 122. A review of the case by CA is necessary years.
before it is elevated to the SC c. JURISDICTION OF METROPOLITAN TRIAL COURT OF MANILA: In Manila
 Decisions and final orders of the Sandiganbayan shall be appealable to the SC by petition for and Chartered cities, as a rule, fled with the office of the prosecutor
review on certiorari in accordance with Rule 45 of the rules of Court.  Chartered City vs Rules of Court = former shall prevail (substantive law)
L. ENTRY OF JUDGEMENT E. EFFECT OF THE CRIMINAL ACTION ON THE PRESCRIPTIVE PERIOD
 All remedies have been exhausted and judgment become final, it shall be entered in  “institution of the criminal actions shall interrupt the period of prescription of the offense
accordance with existing rules unless otherwise provided in special laws (exception)”
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a.Institution: 2. Art 33 CC: Civil Action for damages

i. Filing of the information or complaint directly with the Municipal Trial 3. Art 34 CC: Crimes by police officers
Courts and MCTC (prelim investigation Not required) 4. Art 2176 CC: Quasi Delicts
ii. Filing with the office of the prosecutor (chartered cities) C. EFFECT OF FILING AN INDEPENDENT CIVIL ACTION ON THE RIGHT OF THE
iii. Based on jurisprudence: filing complaint for preliminary examination or OFFENDED PARTY TO INTERVENE IN THE PROSECUTION OF THE OFFENSE
investigation interrupts the period of prescription of the criminal  Institution of an independent civil action does NOT deprive offended party of the right to
responsibility intervene in the civil action through a private prosecutor
F. RULE ON PRESCRIPTION FOR VIOLATIONS OF SPECIAL LAWS AND  GENERAL RULE When criminal action is instituted, the civil action for the recovery of
MUNICIPAL ORDINANCES civil liability shall be deemed instituted with the criminal actions. Only civil Liability of the
 ACT NO. 3326(as amended) governs period of prescription for violations penalized by accused arising from the offense charged is deemed impliedly instituted with the criminal
special and municipal ordinances. action
 “PROCEEDINGS”: judicial proceedings NOT administrative proceedings  EXCEPTION:
 PRESCRIPTION: begins from the commission of the crime OR from the discovery thereof a. Offended party waives the civil action
and the institution of judicial proceedings for its investigation and punishment. b. Reserves the right t institute it separately
 Act no 3326 vs ROC : ROC prevails c. Institute the civil action prior to the criminal actions
 Investigation by the SEC shall interrupt the period of prescription because “DOCTRINE OF  INDEPENDENT CIVIL ACTIONS
PRIMARY JURISDICTION ”. Courts will not determine a controversy involving a a. Art. 32 CC: Crimes by public officer
questions within the jurisdiction of the administrative tribunal. b. Art 33 CC: Civil Action for damages
II. PROSECUTION OF CRIMINAL ACTION c. Art 34 CC: Crimes by police officers
A. WHO MUST PROSECUTE THE CRIMINAL ACTIONS; WHO CONTROLS THE d. Art 2176 CC: Quasi Delicts
PROSECUTION D. CONSEQUENCES OF THE RULE THAT A CRIMINAL ACTION IS PROSECUTED
 GENERAL RULE: Public Prosecutor controls and directs prosecution of criminal actions UNDER THE DIRECTIO AND CONTROL OF THE PUBLIC PROSECUTOR
commenced either by a complaint of an information  POWER OF THE PUBLIC PROSECUTOR
 WHY? a. Determine whether a prima facie case exists (discretion of whether, what and whom
a. Criminal offense is an outrage against the sovereignty of the state, it necessarily to charge)
follows that a representative of the state shall direct and control the prosecution b. Decide which of the conflicting testimonies should be believed free from
thereof. interference or control of the offended party
b. Crime is a breach of security and peace of the people at large, an outrage against the c. Subject only to the right against self-incrimination
very sovereignty of the state d. determine which witnesses to present in court (initial discretion to determine which
B. APPEARANCE OF A PRIVATE PROSECUTOR should be utilized by the government as a state witness)
 Appointment of private prosecutor is done by the offended party and is the mode by which e. entitled to conducts its own case and to decide what witnesses to call to support its
the latter intervenes in the prosecution of the offense. charges.
a. ALLOWED ONLY when civil action is instituted with the criminal action (Sec 16 f. public prosecutor may turn over the actual prosecution of the criminal case to the
Rule 110) private prosecutor
b. NOT ALLOWED if civil action was instituted separately from the criminal action.  EXECUTIVE DEPARTMENT OF THE GOVERNMENT: accountable for the prosecution
c. Even if a civil action (independent civil action) is filed separately, the civil liability of crimes
in the criminal prosecution remains, and the offended party may still intervene in  SUPREME COURT CANNOT order prosecution of a person against whom the prosecutor
the criminal action in order to protect the remaining civil interest therein. does not find sufficient evidence
i. Independent civil actions: a. EXCEPTION: unmistakable showing of grave abuse of discretion on the part of the
1. Art. 32 CC: Crimes by public officer prosecution.
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 DOJ : government agency tasked to prosecute criminal cases before the trial court. The DOJ a. The independent civil action is DISTINCT SOURCES from civil liability arising
is best suited to attest whether a similar or related case has been filed or is pending in another from the criminal action (felony = RPC).
court or tribunal. b. RULE: filing a suit based on a quasi-delict theory during the pendency of the
a. NOTE: one person cannot conspire alone BUT as long as the acquittal or death of a criminal proceeding should NOT PREVENT the intervention of the offended party
co-conspirator does not remove the basis of a charge of conspiracy, one defendant in the prosecution of the offense because there still exists a civil liability under the
may be found guilty of the offense RPC.
 ABSENCE OF PUBLIC PROSECUTOR IN A TRIAL: B. WHEN A PRIVATE PROSECUTOR MAY PROSECUTE A CASE EVEN IN THE
a. GENERAL RULE: PUBLIC PROSECUTOR should always be present in a trial ABSENCE OF THE PUBLIC PROSECUTOR
i. presence of public prosecutor in the trial of a criminal offense is necessary  Requirements:
to protect the vital state interest, foremost of which is its interest to a. In the absence of the public prosecutor
vindicate the rule of law. b. Authorized to do so in writing
E. PROSEUCTION OF A CRIMINAL ACTION IN THE MUNICIPAL TRIAL COURT OR c. Authorized by the Chief of the Prosecution Office or the Regional State Prosecutor
MUNICIPAL CIRCUIT TRIAL COURT d. Approved by the Court
 Prosecuted under the direction and control of the prosecutor  Why?
 PROSECUTOR IS NOT AVAILABLE? May be prosecuted by a. Public prosecutor has heavy work schedule
a. The offended party b. Lack of public prosecutors
b. Any peace officer C. EXTENT OF THE AUTHORITY GIVEN TO THE PRIVATE PROSECUTOR WHEN
c. Public officer charged with the enforcement of the law violated DULY AUTHORIZED TO PROSECUTE THE ACTION
F. PROSECUTION FOR VIOLATION OF SPECIAL LAWS  He can continue to prosecute the case up to the end of the trial even in the absence of a
 Prosecuted pursuant to the provisions of the said law. public prosecutor
III. INTERVENTION OF THE OFFENDED PARTY IN THE PROSECUTION OF THE  UNLESS the authority is revoked or otherwise withdrawn
CRIMINAL ACTION IV. PROSECUTION OF PRIVATE CRIMES
A. INTERVENTION OF THE OFFENDED PARTY  PRIVATE CRIMES: adultery, concubinage, seduction, abduction, acts of lasciviousness, RA
 Civil Liability includes 7610, defamation (in relation to private crimes)
a. Restitution A. PROSECUTION OF ADULTERY AND CONCUBINAGE
b. Reparation for damages caused  GENERAL RULE: not be prosecuted EXCEPT upon a complaint filed by the offended
c. Indemnification for consequential damages spouse.
 Civil Liability is NOT extinguished even if the offender has already served his sentence  ACTION CANNOT BE INSTITUTED IF:
(deprivation of liberty and other rights) a. There is no complaint from offended spouse
 CIVIL LIABILITY BE INSTITUTED WITH THE CRIMINAL ACTION b. if it is instituted against one party alone (should be against both guilty parties unless
a. The offended party is allowed to intervene in the prosecution one of them is dead)
b. If civil liability was waved upon institution of the criminal action then there will be c. if it is shown that the offended party has consented or pardoned the offenders
no basis for the intervention of the offended party through his COUNSEL or (expressed or implied)
PRIVATE PROSECUTOR. B. PROSECUTION OF SEDUCTION, ABDUCTION AND ACTS OF LASCIVIOUSNESS
i. Presence of private prosecutor may be objected by the prosecution of the  GENERAL RULE: cannot be prosecuted EXCEPT upon a complaint filed by
civil liability was waived. a. Offended party (even if he/she is a minor)
 CRIMINAL ACTION GIVES RISE TO AN INDEPENDENT CIVIL ACTION (physical b. Her parents
injury, fraud, defamation or act constituting a crime also constitutes a quasi – delict) c. Grandparents
d. Guardian
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 ACTION CANNOT BE INSTITUTED IF:  Filed with the court

a. Offender was EXPRESSLY pardoned.  IN WHOSE NAME AND AGAINST WHOM?
C. EFFECT OF RA 7610 (Special Protection of Children Against Child Abuse, Exploitation a. Filed in the name of PEOPLE OF THE PHILIPPINES
and Discrimination Act) b. Filed against ALL PERSONS WHO APPEAR TO BE RESPONSIBLE FOR THE
 Who may file? CRIME
a. Offended party
b. Parents / guardians COMPLAINT INFORMATION
c. Ascendants/collateral relative within the 3rd degree of consanguinity SWORN WRITTEN STATEMENT ACCUSATION IN WRITING
d. Officer/social worker/representative of a license child caring institution  Must be SWORN (under  Requires no oath
e. Officer/social worker of DSWD oath) because the prosecutor
f. At least 3 concerned, responsible citizens where the violation occured filing the information is
D. PROSECUTION OF DEFAMATION acting under oath of his
 Defamation: imputation of offenses under private crimes. office
 Criminal actions shall be brought at the instance of and upon the complaint filed by the Subscribed by the: Subscribed by the:
offended party. ONLY the offended part can initiate the criminal action  Offended party  prosecutor
V. THE COMPLAINT AND INFORMATION  Any peace officer
A. COMPLAINT  Other public officer
 Sworn written statement charged with the
 Charging a person with an offense enforcement of the law
 Subscribed by the offended party/any peace officer/other public officer charged with the violated
enforcement of the law violated. C. INFIRMITY (lacks/absence) OF SIGNATURE IN THE INFORMATION
 IN WHOSE NAME AND AGAINST WHOM?  Valid Information confers jurisdiction on the court over the person accused and subject
a. Filed in the name of PEOPLE OF THE PHILIPPINES matter.
b. Filed against ALL PERSONS WHO APPEAR TO BE RESPONSIBLE FOR THE  INFIRMITY IN THE INFORMATION (ex. Lack of authority if the officer signing) cannot
CRIME be cured by silence, acquiescence, or even by express consent.
c. PRIVATE OFFENDED PARTIES are only witnesses for the prosecution. D. SUFFICIENCY OF THE COMPLAINT OF INFORMATION
i. May not appeal the dismissal or acquittal of the accused because the  REQUIREMENTS
aggrieved party is the People of the Philippines a. Name of the accused and if there is more than one person, all of them shall be
ii. May appeal the civil aspect of the case and file a special civil action included in the complaint or information
questioning the decisions of the court on jurisdictional grounds. This will b. Designation of the offense given by the statute
be prosecuted in his own personal capacity. c. Acts or omissions complained of as constituting the offense
d. Dismissal by RTC on criminal cases can only be appealed by the OSG d. Name of the offended party
i. Only the OSG can bring or defend actions on behalf of the Republic or e. Approximate date of the commission of the offense
represent the state in a criminal proceedings pending in the SC or CA  Place where the offense was committed
B. INFORMATION E. TEST FOR SUFFICIENCY OF THE COMPLAINT OR INFORMATION
 Accusation in writing  Whether the crime is described in intelligible terms with such particularity as ti apprise (give
a. NOT REQUIRED to be SWORN information) the accused with reasonable certainty. It would enable the accused to suitably
 Charging a person with an offense prepare for his defense.
 Subscribed by the prosecutor (ONLY PROSECUTOR) F. QUESTIONING THE INSUFFICIENCY OF THE COMPLAINT OF INFORMATION
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 Sufficiency of an information may be assailed but it is not absolute.  Allegations in the information determine the nature of the offense.
 RAISE OBJECT BEFORE: arraignment or during trial,  It is sufficient that the offense be described with particularity to make sure the accused fully
a. When the accused voluntarily entered a plea when arraigned or participated in the understands what he is being charged with.
trial, accused is deemed to have waived his right to object.  Rules in designating the offense:
G. OBJECTIONS AS TO FORM a. Name given to the offense by statute must be stated. If there is no designation then
 Objection relation to the form of the complaint/information cannot be made for the first time reference must instead be made to the section or subsection punishing it.
on appeal. b. Averment of the acts or omission constituting the offense
a. REMEDY that the accused could have availed before arraignment: bill of c. Specify qualifying and aggravating circumstances of the offense
particulars or for the quashal of the information N. EFFECT OF FAILURE TO DESIGNATE THE OFFENSE BY THE STATUTE OR
 Failure to object would mean that the accused has waived his objections to any formal defect FAILURE TO MENTION THE PROVISION VIOLATED
in the information  Failure to designate the offense or to mention the specific provision DOES NOT vitiate the
H. DATE OF THE COMMISSION OF THE OFFENSE information if the facts alleged clearly recite the facts constituting the crime charged.
 Sec 11 NOT NECESSARY to state in the complaint or information the precise date the  There is nothing in the Rules of Court which specifically requires that the information must
offense was committed EXCEPT when the date of commission is a material element of the state the particular law under which the accused is charged in order for it to be considered
offense. sufficient and valid.
I. DETERMINATION OF THE NATURE AND CHARACTER OF THE CRIME O. EFFECT OF FAILURE TO SPECIFY THE CORRECT CRIME
 Character of the crime is determined by the recital of the ultimate facts and circumstances in  Will not bar conviction of the accused
the information.  The crime committed is determined by the recital of the ultimate facts and circumstances in
 What is CONTROLLING is the allegation of the facts in the information that comprise a the complaint or information.
crime and adequately describes the nature and cause of the accusation against the accused. P. STATEMENT OF THE QUALIFYING AND AGGRAVATING CIRCUMSTANCES
J. HOW TO STATE THE NAME OF THE ACCUSED (natural person)  One cannot be held liable for an offense grave than that for which he was indicated. It would
 Sec 7 Rule 110: Designating the name of the accused be denial of the right of the accused to be informed of the charges against him, and
a. State the name and surname of the accused or any appellation or nickname by consequently, a denial of due process.
which he has been or is known  The information must be state the qualifying and aggravating circumstances to be
b. NAME CANNOT BE ASCERTAINED: described under a fictitious name and a appreciated and be considered in the imposition of the penalty.
description of the accused with a statement that his true name is unknown.  Descriptive words such as “qualifying” “aggravating” need not precede the offense to
c. TRUE NAME IS DISCLOSED or BECOMES KNOWN: his true name shall be properly qualify it, what is important is the specific allegation attendant circumstances
inserted in the complaint of information and in the records of the case which adds the essential elements raising the crime to a higher category is present.
 Mistake in the name does not equate to a mistake in the identity of the accused when (example : “conspiracy” = “participate in and facilitate…”
sufficient evidence is adduced to show that the accused is pointed as one of the perpetrators  EXCEPTION: relationship in rape is qualifying, specific relationship in terms of
of the crime. (accused must be proved) consanguinity should be alleged in the information
K. HOW TO STATE THE NAME OF THE OFFENDED PARTY WHICH IS A JURIDICAL Q. CAUSE OF ACCUSATION
PERSON  Allegations of facts constituting the offense charged are substantial matters and an accused’s
 Sufficient to state its name or any name or designation by which it is known or by which it right to question his conviction based on facts alleged in the information cannot be waived.
may be identified. (without averring that it is a juridical person)  Accused cannot be convicted of an offense unless it is charged in the information on which
L. RULE IF THE NAME OF THE OFFENDED PARTY IS UNKNOWN IN OFFENSES he is tried or necessarily included therein.
AGAINST PROPERTY  Sufficient to enable a person of common understanding to know the following:
 Must be described with such particularity as to properly identify the offense charged a. Offense being charged
M. DESIGNATION OF THE OFFENSE b. Acts or omissions complained of as constituting the offense
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c. Qualifying and aggravating circumstances  Criminal action shall be instituted and tried in:
 DETERMINES NATURE AND CAUSE : actual recital of facts stated in the information or 1. The court of first port of entry
complaint. 2. Municipality or territory where the vessel passed during its voyage
R. HOW TO STATE THE DATE OF THE COMMISSION OF THE OFFENSE *** subject to the generally accepted principles of international law***
 Sec 111 Rule 110 : not necessary to state the precise date the offense was committed because C. RULE WHEN THE OFFENSE IS COVERED BY ART. 2 OF THE RPC
the offense may be alleged to have been committed on a date as near as possible to the actual  Cognizable by the court where the criminal action is first filed.
date of its commission EXCEPT the precise date the offense was committed is a material D. HOW TO STATE THE PLEA OF THE COMMISSION OF THE OFFENSE
ingredient of the offense.  Sufficient if it can be understood from the allegations of the complaint or information that
S. DUPLICITY OF THE OFFENSE the offense was committed or some of its essential elements occurred at some place within
 GENERAL RULE: a complaint or information much charge only one offense the jurisdiction of the court EXCEPT if the particular place where the offense was
a. EXCEPTION: the law prescribes a single punishment for various offenses committed is an essential element of the offense or is necessary for its identification.
 OBJECT must be timely interposed whenever a complaint or information charges more than VII.AMENDMEND OR SUBSTITUTION OF THE COMPLAINT OR INFORMATION
one offense. OBJECTION SHOULD BE BEFORE TRIAL on the ground of duplicity A. AMENDMENT OF THE INFORMATION OR COMPLAINT BEFORE PLEA; NO NEED
a. failure to object constitutes waiver and the court may convict him of as many FOR LEAVE
offense as are charged and proved.  May be amended in form or in substance without the need for leave of court(permission
VI. VENUE OF THE CRIMINAL ACTIONS from the court to take some action).
A. WHERE to INSTITUTE B. WHEN LEAVE OF COURT IS REQUIRED EVEN IF THE AMENDMENT IS MADE
 Instituted and tried in the court of the municipality or territory where BEFORE PLEA
a. Offense was committed 1. Leave of court is required even if
b. When any of its essential ingredients occurred (subject to existing laws) a. Amendment downgrades the nature of the offense charged
 Written defamation b. Amendment excludes any accused from the complaint or information
a. Private / Public Official – CFI (RTC) where the libelous article is printed and first 2. Requires a motion by the prosecutor with the notice to the offended party
published. 3. Court is mandated by the rule to state its reasons in resolving the motion of the prosecutor
i. It must state the libelous material was either printer or first published in the and to furnish all parties, especially the offended party, of copies of its order
place of the filing of the information. C. RULE AS TO AMENDMENT MADE AFTER THE PLEA OF THE ACCUSED
b. Private individual – CFI (RTC) of the province where he actually resided at the  ONLY FORMAL AMENDMENT: allowed after plea
time of the commission of the offense  FORMAL AMENDMENT may only be made under 2 conditions
c. Public Officer in Manila – CFI (RTC) of Manila 1. Leave of court must be secured
d. Public Officer outside Manila – CFI (RTC) of the province / city where he held 2. Amendment does not cause prejudice to the rights of the accused
office at the time of the commission of the offense  AMENDMENT IN SUBSTANCE : not allowed after plea
 D. WHEN AN AMENDMENT IS FORMAL OR SUBSTANTIAL
B. RULE WHEN OFFENSE IS COMMITED IN A TRAIN, AIRCRAFT OR VEHICLE  TEST:
(COURSE OF THE TRIP) a. Whether a defense under the information as it originally stood would be available
 Tried in the court of any municipality or territory where such train, aircraft or vehicle after the amendment is made, and whether any evidence defendant might have
1. Passed during its trip would be equally applicable to the information in the one form as in the other.
2. Place of departure b. Nature of the crime alleged does not affect the essence of the offense or create
3. Place of arrival surprise or deprive the accused of an opportunity to meet the new averment had
 RULE WHERE OFFENSE IS COMMITTED IN BOARD A VESSEL (Offense is each been held to be one of form and not of substance
committed during the voyage)  Example of FORMAL AMENDMENTS
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a. New allegations which relate only to the range of the penalty that the court might - When a criminal action is instituted, the civil action for the recovery of the civil liability arising
impose in the event of conviction from the offense charged shall be deemed instituted with the criminal action (Sec 1[a] Rule 111)
b. An amendment which does not charge another offense different or distinct from that - Every person criminally liable is also civilly liable (Art 100, RPC)
charged in the original one - EXCEPT:
c. Additional allegations which do not alter the prosecution’s theory of the case so as o When no actual damage results from an offense (espionage, violation of neutrality, flight
to cause surprise to the accused and affect the form of defense he has or will assume to an enemy country, crimes against popular representation
d. An amendment which does not adversely affect any substantial right of the accused - WHY: separate civil action would be costly, burdensome and time-consuming and further delay
e. An amendment that merely adds specifications to eliminate vagueness in the the final disposition of the case.
information and not to introduce new material and facts. - WAIVE CIVIL ACTION? (When)
E. SUBSTITUTION OF COMPLAINT OR INFORMATION o Waives the civil action
 Complaint or information may be substituted if it appears at any time before judgment o Reserve the right to institute it separately
that a mistake has been made in charging the proper offense. o Institute the civil action prior to the criminal action
a. Court dismisses the original complaint or information once the new one charging - MERGING THE CIVIL ACTION AND CRIMINAL ACTION ONCE SEPARATED
the proper offense is filed provided the accused will not be placed in double ALLOWED? Yes, the law allows the merger of the criminal and the civil actions to avoid
jeopardy multiplicity of suits.
 Dismissal of the original is subject to the provision of Sec 19 of Rule 119. PURPOSES OF THE CRIMINAL AND CIVIL ACTIONS
a. The accused shall not be discharged if there appears good cause to detain him. - PRIME PURPOSEOF A CRIMINAL ACTION: punish the offender in order to deter him and
F. DISTINCTION BETWEEN SUBSTITUTION AND AMENDMENT others from committing the same or similar offense, to isolate him from society, reform, and
AMENDMENT SUBSTITUTION rehabilitate him
Either formal or substantial changes Involves a substantial change from - GENERAL RULE: maintain social order
the original charge - PURPOSE OF A CIVIL ACTION: resolution, reparation or indemnification of the private
BEFORE PLEA: effected without With leave of court as the original offended party for the damage or injury sustained by reason of the delictual or felinous act of the
leave of court information has to be dismissed accused.
form only New information JUDGEMENT OF CONVICTION INCLUDES A JUDGEMENT ON THE CIVIL LIABILITY
 No need for another  Another preliminary - IN CASE OF CONVICTION: state the civil liability or damages caused by the wrongful act or
preliminary investigation is omission to be recovered from the accused by the offended party.
investigation and the entailed and the WHO THE REAL PARTIES IN INTEREST ARE IN THE CIVIL ASPECT OF THE CASE
retaking of the plea of accused had to plead - Who are the parties
the accused anew o Offended party
Same offense charged in the original Requires or presupposes that the o Accused
information or to an offense which new information involves a - Both may appeal the civil aspect of the judgment despite the acquittal of the accused
necessarily included or is necessarily different offense which does not - PUBLIC PROSECTUR: no interest in appealing the civil aspect of the a decision. ACQUITTAL
included in the original charge, if include or is not necessarily ENDS HIS WORK.
there is substantial amendment after included in the original charge, no RULE APPLICABLE
plea double jeopardy may be double jeopardy - The issue in a criminal case being the civil liability of the accused, the governing law is the Rules
invoked. of Criminal Procedure.
WHEN A CIVIL ACTION MAY PROCEED INDEPENDENTLY; INDEPENDENT CIVIL
ACTIONS AND QUASI- DELICTS
CHAPTER 3: PROSECUTIO OF CIVIL ACTION (RULE 111) - GENERAL RULE: the civil liability of the accused arising from the crime charged is deemed
IMPLIED INSTITUTION OF THE CIVIL ACTION WITH THE CRIMINAL ACTION included in a criminal action. (2000 Rules of Criminal Procedure)
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- Civil Action that is instituted with the Criminal actions are the civil liability arising from or - After the criminal action is commenced, the civil action cannot be instituted or will be suspended
flowing from the offense charged. in whatever stage it may be found (before judgment of merits in the civil case) until the final
- Independent Civil Actions referred to are: judgment of the criminal action.
o Articles 32 – Violation of Constitutional Right - Preference is given to the resolution of the criminal action
o Articles 33 – Fraud, defamation, physical injuries CONSOLIDATION OF THE CIVIL ACTION WITH THE CRIMINAL ACTION
o Articles 34 – Police refuses / fails to provide protection - The offended party may move for consolidation by MOTION FOR CONSOLIDATION filed
o Article 2176 – Quasi – delicts / Culpa Aquiliana BEFORE JUDGMENT on the merits in the civil action.
 Is entirely separate and distinct from the civil liability arising from negligence - If civil action was commenced before criminal action: automatically reproduce evidence in the
under the Penal Code. criminal action without prejudice to the right to cross examine the witnesses presented by the
- Article 32, 33,34 – sources of obligation from direct provisions of law offended party in the criminal case.
- Article 2176 – source of obligation distinct from a crime SUSPENSION OF THE PERIOD OF PRESCRIPTION
- WHAT IS BEING AVOIDED? The law proscribes is double recovery, to recover damages twice - Prescriptive period of the civil action shall be tolled during the pendency of the criminal action
for the same actor omission of the defendant. WHEN NO RESERVATION IS REQUIRED; WHEN CIVIL ACTION IS NOT SUSPENDED
CONSEQUENCES OF THE INDEPENDENT CHARACTER OF ACTIONS UNDER ARTICLES - Civil Action under Article 32,33,34,2176 : NO NEED TO RESERVE the filing of a separate
32, 33, 34 AND 2176 OF THE CIVIL CODE civil action
- Independence Civil action – this shall proceed from the criminal action - The independent civil action is NOT INSTITUTED with the criminal action and they can
- QUANTUM EVIDENCE : preponderance of evidence proceed independently with the criminal action when instituted.
- Need not reserve the right to file a separate civil action since they are not deemed included COUNTERCLAIM, CROSS-CLAIM, THIRD PARTY CLAIM IN A CRIMINAL ACTION
- Criminal Liability + Civil Liability + Independent Civil Action - NO counterclaim, cross-claim, third party claim in a criminal action
WHEN THERE IS NO IMPLIED INSTITUTION OF THE CIVIL ACTION o WHY? Criminal action is not the proper proceedings to determine civil liability.
- When there is no implied institution of the civil action Criminal case is limited to determining the guilt of the accused.
o Offended party waives the civil action RULES ON FILING FEES
o Party reserves the right to institute the civil action separately - NO FILING FEES: actual damages claimed
o Institutes the civil action prior to criminal action o EXCEPT:
- The civil liability arising from the offense shall be deemed instituted with the criminal action.  BP22: filing fees paid based on the amount of the check and shall be paid in
RESERVATION OF THE CIVIL ACTION full
- Should be instituted BEFORE:  ESTAFA: filing fees shall be based on the amount involved.
o Before instituting the criminal action EFFECT OF DEATH OF THE ACCUSED ON THE CIVIL ACTION
o Before the prosecution starts presenting its evidence : to give the offended party a - AFTER ARRAIGNMENT AND DURING PENDENCY OF THE CRIMINAL ACTION
o Civil liability of the offended party is extinguished BUT the independent civil actions
reasonable opportunity to make such reservation.
NO RESERVATION OF THE CIVIL ACTION IN BATAS PAMBANSA BLG. 22 may be continued against the estate or legal representatives of the accused.
- ONLY ALLOW SEPARATE CIVIL ACTION WHEN IT IS FILED BEFORE THE CRIMINAL o Substitution/legal representative appear and be substituted should appear 30days from
ACTION. notice
o WHY? Help declog the courts dockets which are filled with BP22 cases as creditors - BEFORE ARRAIGNMENT
actually use the courts as COLLECTORS o Case be dismissed but the offended party may file the proper civil action against the
- Upon Filing of the Joint: offended party shall PAY IN FULL the filing fees based on the amount estate of the deceased.
of check involved = actual damages claimed. - PENDENCY OF HIS APPEAL IN THE SC
WHEN THE SEPARATE CIVIL ACTION IS SUSPENDED o Totally extinguished his criminal liability, likewise extinguish the civil liability that was
based exclusively on the crime (delict) for which the accused was convicted.
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o Only the civil liability not based on the delict could be recovered in a separate civil - Avoid two conflicting decisions in the civil case and in the criminal case
action. REQUISITES FOR A PREJUDICIAL QUESTION
NOVATION: EXTINGUISHMENT OF CRIMINAL LIABILITY - Following are the requisites:
- Novation does not extinguish criminal liability o Civil case involves facts intimately related to those upon which the criminal prosecution
- ESTAFA: not affected by a compromise or novation. was based
o WHY? Estafa is a public offense which must be prosecuted and punished by the o Resolution of the issue/s raised in the civil action, the guilt or innocence of the accused
government on its own motion even though complete reparation should have been made. would necessarily be determined
- REIMBURSMENT of or COMPROMISE only affect the civil liability. o Jurisdiction to try said question must be lodged in another tribunal.
EFFECT OF ACQUITTAL OR THE EXTINCTION OF THE PENAL ACTION ON THE CIVIL - NOT BE INVOKED WHEN:
ACTION OR CIVIL LIABILITY o Both cases are criminal.
- Extinction of the penal action does not carry with it the extinction of the civil action o Both cases are civil.
- ACTION BASED ON DELICT: deemed extinguished if there is a finding in a final judgment in o Both cases are administrative.
the criminal action that the act or omission from which the civil liability may arise did not exist o One case is administrative and the other is civil.
- Acquittal BUT may still be adjudged civilly liable o One case is administrative and the other criminal.
o Acquittal is based on reasonable doubt as only preponderance of evidence is required - Prejudicial question is one that arises in the civil case. It must be instituted prior to the institution
o Court declares that the liability of the accused is only civil of the criminal action
o Civil liability of the accused does not arise from or is not based upon the crime of which - The issue in the civil case should be “determinative” of the issue in the criminal case
the accused was acquitted EFFECT OF THE EXISTENCE OF A PREJUDICIAL QUESTIONS; SUSPENSION OF THE
EFFECT OF PAYMENT OF THE CIVIL LIABILITY CRIMINAL ACTION
- Does not extinguish criminal liability - Filing of a PETITION before the suspension of the criminal actions is allowed, when there is a
- Compromise shall not extinguish the public action for the imposition of the legal penalty pending prejudicial question.
EFFECT OF JUDGEMENT IN THE CIVIL CASE ABSOLVING THE DEFENDANT o BUT the civil action should have commenced before the criminal action
- Is not a bar to a criminal action against the defendant for the same act or omission subject of the - Determination of the pendency of the civil action should be made at the first instance NOT
civil action BEFORE SC in an appeal from civil action.
SUBSIDIARY LIABILITY OF EMPLOYER - Need for filing of a petition finds support in jurisprudence and made only upon petition.
- Before an employers’ liability is enforced the following must be proven: SUSPENSION DOES NOT INCLUDE DISMISSAL
o Indeed employers of the convicted employees - Suspension DOES NOT prescribe the dismissal
o Engaged in some kind of industry - Suspension shall be made upon filing of a petition for suspension
o Crime was committed by the employees in the discharge of their duties WHERE TO FILE THE PETITION FOR SUSPENSION
o Execution against the latter has not been satisfied in due to insolvency - Petition for suspension does not required that the criminal case be already filed in court
- Determined: in the same criminal action with due notice to the employer, as part of the - Petition for suspension is not to be filed in the civil case but in the criminal case
proceedings for the execution of the judgment. - FILED in the office of the prosecutor conducting the preliminary invenstigation
CONCEPT OF A PREJUDICIAL QUESTION CASE ILLUSTRATION
- PREJUDICIAL QUESTION is an issue involved in a civil case which is similar or intimately
related to the issue raised in the criminal action, the resolution of which determines whether or
not the criminal action may proceed
- The jurisdiction to try and resolved the prejudicial question has been LODGED IN ANOTHER
TRIBUNAL, the second case may be suspended.
REASON FOR THE PRINCIPLE OF PREJUDICIAL QUESTION
15
-
DETERMINE:
1. Crime has been committed
2. There is PROBABLE CAUSE to believe that the accused is guilty.
- ULTIMATE PURPOSE: to secure the innocent against hasty, malicious and oppressive
prosecution and to protect him from an open and public accusation of a crime, from
the trouble, expenses and anxiety of a public trial, and also to protect the State from
useless and expensive prosecutions.
NATURE OF THE RIGHT TO A PRELIMINARY INVESTIGATION
- NOT REQUIRED by the constitution, not a fundamental right nor rights guaranteed in
the Bill of Rights
- Right is of STATUTORY CHARACTER and may be invoked only when specifically created
by the statute
- Since it is a statutory right then it becomes a component of DUE PROCESS IN CRIMINAL
JUSTICE.
- It is a SUBSTANTIVE RIGHT
- It effect a realistic judicial appraisal of the merits of the case
- Authority of a prosecutor or an investigating officer to conduct a preliminary
investigation is no less than that of a municipal judge or even a regional trial court
judge
o NOT A JUDGE but must be considered to be a quasi-judicial officer
- JUDICIAL PROCEEDING happens when there is an opportunity to be heard and for the
production of and weighing of evidence, and a decision is rendered thereon.
- BAUTISTA vs CA –
o it was held that a prosecutor is not a quasi judicial body
o it is clarified that like judicial bodies, the prosecutor is an office in the executive
department exercising powers akin to those of a court. But here is where the
CHAPTER 4: PRELIMINARY INVESTIGATION similarity ends. A closer scrutiny will show that preliminary investigation is very
NATURE OF PRELIMINARY INVESTIGATION; PURPOSE different from other quasi-judicial proceedings.
- Sec 1 of Rule 112 provides: o Also had similar pronouncements in SANTOS vs GO : prosecutor does not
o “…Preliminary investigation is an inquiry or a proceeding the purpose of which perform acts of a quasi- judicial body.
is to determine whether there is sufficient ground to engender a well-founded RIGHT TO A PRELIMINARY INVESTIGATION; WAIVABLE
belief that a crime has been committed and the respondent is probably guilty - MAY BE WAIVED
thereof, and should be held for trial…” - When?
- Mere INQUIRY or a PROCEEDING not a trial o For failure to invoke the right prior to or at the time of the plean
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PRELIMINARY INVESTIGATION VS PRELIMINARY EXAMINATION (PRELIMINARY INQUIRY) o Has quasi – judicial authority to determine whether or not a criminal case must
PRELIMINARY INVESTIGATION PRELIMINARY INQUIRY/EXAMINATION be filed in court
- WHO CONDUCTS? PROSECUTOR - WHO CONDUCTS? JUDGE 2. JUDICIAL DETERMINATION OF PROBABLE CAUSE
- To ascertain whether the alleged - To determine probable cause for o Made by the judge
offender should be held for trial, the issuance of a warrant of arrest o To ascertain whether a warrant of arrest should be issued against the accused.
to be subjected to the expense, - Judicial function o Judge must satisfy himself that based on the evidence submitted there is
rigors and embarrassment of trial necessity for placing the accused under custody in order not to frustrate the
or if the offender is to be released ends of justice
- Executive in nature o NO PROBABLE CAUSE – judge cannot be forced to issue the arrest warrant.
- Basis for distinction: sound policy - Thus, absent a finding that an information is invalid on its face or that the prosecutor
o Judges would not be unduly laden with the preliminary investigation instead of committed manifest error or grave abuse of discretion, a judge’s determination of
concentrating on hearing and deciding cases filed before their courts. probable case is limited only to the judicial kind or for the purpose of deciding whether
PROBABLE CAUSE IN PRELIMINARY INVESTIGATION a warrant should be issued.
- DEFINITION - NOTE: judges refers to “facts and circumstances that would lead a reasonably discreet
o existence of such facts and circumstances as would lead a person of ordinary and prudent man to believe that an offense has been committed by the person
caution and prudence to entertain an honest and strong suspicion that the arrested”
person charged is guilty of the crime subject of the investigation o No technicality should be resorted but on the calculus of common sense which
o not need clear and convincing evidence of guilt as investigation officer acts all reasonable men have an abudance
upon reasonable belief. CASES REQUIRING A PRELIMINARY INVESTGATION
o Probability of guilt MORE THAN bare suspicion LESS than evidence to justify a - REQUIRED : before the filing of a complaint or information for an offense where the
conviction. law prescribes a penalty of at least 4 years 2 months and 1 day without regard to the
- Finding probable cause merely binds over the suspects to stand trial and is not a fine
pronouncement of guilt. - RA7691
- TEST IN A MALICIOUS PROSECUTION CASE: o Expanded and included Municipal Trial Court to take cognizant of offenses
o Whether sufficient facts exist which show that, in bringing the criminal within the jurisdiction of the RTC.
action, complainant acted with probable cause. o Some offenses which were before were not covered by the required
KINDS OF DETERMINATION OF PROBABLE CAUSE preliminary investigation are now subject to preliminary investigation as long
- 2 kings of determination of probable cause : as it is punishable by 4 years 2 months and 1 day.
1. EXECUTIVE DETERMINATION OF PROBABLE CAUSE PROCEDURE FOR CASES NOT REQUIRING A PRELIMINARY INVESTIGATION
o Done during preliminary investigation - NOT REQUIRED Preliminary Investigation because penalty prescribed by law is less than
o Pertains to the public prosecutor 4years 2 months and 1 day. 2 ways to initiate criminal action
 Determine whether probable cause exists 1. Filing the complaint directly with the prosecutor
 To charge those whom he believes to ave committed the crime as 2. Filing the complaint or information with the Municipal Trial Court
defined by the law DIRECT FILING WITH THE PROSECUTOR
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- Filed with the prosecutor (also as in Manila and other chartered cities) iii. Issue a summon : be issued if the judge is satisfied that there is no
1. Address of the respondent shall be indicated in the complaint necessity for placing the accused under custody
2. Establish probable cause, the complaint shall be accompanied by: WHEN PRELIMINARY INVESTIGATION IS NOT REQUIRED EVEN IF THE OFFENSE IS ONE WHICH
a. Affidavit of complainant NORMALLY REQUIRES A PRELIMINARY INVESTIGATION
b. Affidavits of the complainant’s witnesses - INQUEST PROCEEDING: PERSON ARRESTED LAWFULLY WITHOUT A WARRANT BUT
c. Other supporting documents REQUIRES PRELIM. INV.
d. Appropriate copies of the above as there are respondents + 2 for the official o An information or complaint may be filed against him without a need for a
files must be submitted prelim inv.
e. Affidavits shall be subscribed and sworn before any prosecutor or government o INQUEST PROCEEDINGS shall be made if he was lawfully arrested
official authorized to administer oaths, or in their absence or unavailability, o Lawfully arrested : examples are in flagrante delicto
before a notary public, each of whom must certify that he personally examined 1. Arrested in a place where in inquest prosecutor is available
the affiants and that he is satisfied that they voluntarily executed and o In inquest will be conducted instead of a preliminary investigation
understood their affidavits 2. Arrested in a place where inquest prosecutor is unavailable
- Prosecutor shall act on complaint based on the affidavits and other supporting o Complaint may be filed directly with the proper court by the offended party or
documents submitted WITHIN 1- DAYS FROM ITS FILING. a peace officer on the basis of the affidavit of the offended party or arresting
DIRECT FILING WITH THE MUNICIPAL TRIAL COURT officer or person
1. Directly filed with MTC and involves an offense punishable by 4 years 2 months and 1 PERSON ARRESTED LAWFULLY WITHOUT A WARRANT MAY ASK FOR A PRELIMINARY
day : procedure and requirements under Sec 3 (a) Rule 112 shall be observed, in the INVESTIGATION
same way as when the complaint is filed directly with the prosecutor. - Sec 6 Rule 112
2. WITHIN 10 days o INQUEST is a proceeding which shall normally apply when a persons is lawfully
- the judge after personally evaluate the evidence or personally examine in writing and arrested without a warrant
under oath the complainant and his witnesses in the form of searching questions and o Accused MAY ASK for a preliminary investigation
answers  Should be done BEFORE the complaint of information is filed
a. JUDGE FINDS NO PROBABLE CAUSE - dismiss the same  Must sign a WAIVER of the provisions of Article 125 of the RPC (Delay
b. JUDGE DESIRES TO FURTHER DETERMINE EXISTENCE OF PROBABLE CAUSE – in the delivery of the detained persons to proper judicial authority),
may require the submission of additional evidence within 10days from notice. signed by the arrested and in the PRESENCE OF HIS COUNSEL (RA7438
i. Still finds no probable cause : dismiss the case within 10days from amend RPC Art 125)
submission of additional evidence.  Prelim inv. Must be terminated 15 days from its inception
c. JUDGE FINDS PROBABLE CAUSE  IF A COMPLAINT OR INFORMATION HAS BEEN FILED
i. Issue a warrant of arrest  The person accused may still ask for a preliminary investigation
 Not MANDATORY and is to be issued if there is necessity of within 5 days from the time he learns of its filing with the same
placing the accused under immediate custody. right to adduce evidence in his defense under Rule 112
ii. Already been arrested : issue a commitment order  The court no assumes jurisdiction over the case
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 MOTION TO HOLD PRELIMINARY INVESTIGATION – should be o summary investigation and which does not follow the procedures set forth in
addressed to the court. “Motion for Re-investigation” Sec 3. Of Rule 112 or the ROC
BAIL FOR A PERSON LAWFULLY ARRESTED DURING THE PRELIMINARY INVESTIGATION o investigation conducted by a prosecutor in a criminal case where a person has
- Waiver of Art 125 RPC does not bar him from applying for bail. been lawfully arrested and detained without a warrant of arrest
- Even no information has not yet been filed the arrested person may apply for bail. o informal and summary
- Right to Bail is supported by Sec 6 Rule 112 and Sec 17(c) of Rule 114 - PURPOSE: its purpose is to determine whether or not the person detained should
- Should be APPLIED FOR AND ISSUED by the court where the person arrested is held. remain under custody and then charged in court.
QUESTIONING THE ABSENCE OF PRELIMINARY INVESTIGATION - CONDUCTED BY public prosecutor who is assigned inquest duties as an INQUEST
- To question the regularity or absence of preliminary investigation must be done OFFICER
BEFORE he enters his plea. o Discharge duties only at police stations/headquarters of the PNP in order to
o Court shall resolve the matter as early as practicable but not later than the expedite and facilitate the disposition of inquest case
start of the trial - COMMENCEMENT OF INQUEST PROCEEDINGS
- After a plea is made an accused is deemed to have forgone his right to raise the o At the time the Inquest Officer receives the complaint and referral documents
absence of preliminary investigation or any irregularity. from the law enforcement
- MOTION TO QUASH: NOT a proper remedy because it is not one of the grounds under o Document includes
Sec 3 Rule 117 1. Affidavit of arrest
- NO PRELIMINARY INVESTIGATION AND ACCUSED CALLS THE ATTENTION OF THE COURT 2. Investigation report
TO SUCH IRREGULARITY 3. Statements of the complainant and the witnesses
o Court should dismiss the information 4. Other supporting evidence gathered
o Remand the case to the prosecutor so that the investigation may be conducted NOTE: this shall be subscribed and sworn to before the Inquest Officer by
ABSENCE OF PRELIMINARY INVESTIGATION; EFFECT ON JURISDICTION OF THE COURT the affiants
3. Does not affect court’s jurisdiction over that case nor does it impair the validity of - Detained person should be present during the inquest proceedings unless reason exist
the information or otherwise render it defective. that would dispense his presence (hospital, maximum security detention, age, health,
4. Denial of a motion for reinvestigation cannot likewise invalidate the information or etc)
oust the court of its jurisdiction over the case. - If necessary require the presence of the complaining witnesses and subject them to an
ABSENCE OF PRELIMINARY INVESTIGATION; NOT A GROUND FOR MOTION TO QUASH informal and summary investigation or examination for purposes of determining the
5. Absence of preliminary investigation is not a ground for a motion to quash. existence of probable cause.
6. Not a ground provided for in Sex 3 Rule 117, which enumerates the grounds for a POSSIBLE OPTIONS OF THE INQUEST PROSECUTOR
motion to quash a complaint or information. - Inquest Officer has INITIAL DUTY
INQUEST PROCEEDINGS o Duty to determine if the detained person has been arrested in accordance with
- Conducted when a person is lawfully arrested without a warrant involving an offense Sec 5 (a) and (b) of Rule 113 of the ROC
which requires preliminary investigation o He mat examine the arresting officers on the circumstances surrounding the
- Inquest is NOT a preliminary investigation arrest or apprehension of the detained person
- INQUEST : - NOT ARRESTED IN ACCORDANCE WITH THE ROC
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o Inquest officer shall not proceed with the proceedings WHO MAY CONDUCT PRELIMINARY INVESTIGATION AND DETERMINE EXISTENCE OF
1. He shall recommend the release if the detainee PROBABLE CAUSE
2. Note down the disposition on the referral document - Who are authorized to conduct a preliminary investigation
3. Prepare a brief memorandum indicating the reasons for the action he took 1. Provincial or city prosecutors and their assistants
4. Forward the same together with the record of the case to the City of 2. National and regional state prosecutors
Provicial Prosecutor for appropriate action 3. Other officers as may be authorized by the law
o Recommendation is approved NOTE: authority to conduct prelim inv. shall include all crimes cognizable by the
 The release shall be served on the officer having custody of said proper court in their respective territorial jurisdiction
detainee so the arrested may be release - COMELEC under the Omnibus Election Code and RA 9363: duly authorized legal officer
 Officer shall serve upon the detainee a notice of preliminary has the power concurrent with the other prosecuting arms of the government to
investigation if the evidence on hand warrants the conduct of a regular conduct a prelim inv. Of all election offenses punishable under the Omnibus Election
prelim. Inv. Code.
 Detainee shall be approved for further investigation - OFFICE OF THE OMBUDSMAN has the authority to investigate and prosecute on its own
 Detainee shall be furnished copies of the charge sheet or complaint, or on complaint by any person any act or omission of any public officer or employee,
affidavits or sworn statements of the complainant and his witnesses office or agency, when such act or omission appears to be illegal, unjust or improper.
and other supporting evidences o Has primary jurisdiction over cases cognizable by the Sandiganbayan
- ARREST WAS PROPERLY AFFECTED o Office of the ombudsman has full authority to issue subpoenas (and subpoenas
o Inquest shall proceed duces tecum) for compulsory attendance of witnesses and the production of
 Inquest officer must first as the detained person if he desires to avail documents and information relating under its investigation
himself of a preliminary investigation - PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT with the assistance of the Office
 Detainee avails himself of a prelim inv. : he shall be made to execute a of the Solicitor General and other government agencies is empowered to investigate,
waiver of the provisions of Article 125 of the RPC with the assistance of file and prosecute cases investigated by it.
a lawyer THE PROCEDURE FOR PRELIMINARY INVESTIGATION MUST BE STRICTLY FOLLOWED
 Prelim Inv. Shall be conducted by the Inquest Officer himself or by any - The case is illustrative of how preliminary investigation is crucial. It could spell the
other Asst. Prosecutor to whom the case may be assigned. difference between months if not years of agonizing trial and possibly jail term.
o FOUND PROBABLE CAUSE in the prelim inv. : prepare the corresponding - prelim inv. is a substantive right that is part of due process in criminal justice.
information with the recommendation that the same be filed in court. - The case discussed:
o NO PROBABLE CAUSE FOUND in the prelim inv.: recommend the release of the o the manner in which the prosecution panel conducted the preliminary
detained person investigation.
THE INQUEST MUST PERTAIN TO THE OFFENSE FOR WHICH THE ARREST WAS MADE  Charged 48 people with rebellion
- Inquest conducted must be for the offense for which the detainee was arrested  The prosecutor treated the unsubscribed letters of the officers of CIDG-
- Beltran vs People : the person was arrested for inciting to sedition but an inquest was PNP as complaints and accepted the affidavits attached to the letters
made for rebellion. even though some were notarized by a notary public without showing
that a prosecutor or qualified government official was unavailable.
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 After receiving letters, subpoenas the petitioners requiring them to 2. Hierarchy with respect to the persons whom the affidavits may be subscribed and
appear at the DOJ to secure copies of the complaints and its sworn to:
attachment a. Any prosecutor and not necessarily before the investigating prosecutor
 During investigation the b. Government official authorized to administer oaths
 Prosecutors filed the information with the RTC of Makati c. In the absence or unavailability before a notary public.
 During investigation, the prosecutor allowed the CIDG to present a 3. Duty of the people before whom the affidavits were subscribed and sworn to:
masked man who subscribed to an affidavit before the prosecutor. e. Conduct a personal examination of the affiants and corollarily
 Copies of the affidavit were distributed to members of the media who f. to certify that he personally examined the affiants and that he is satisfied
covered the proceedings BUT NOT TO THE petitioners and his counsel. that they voluntarily executed and understood the affidavits.
 Prosecutor then required petitioner to submit counter affidavit within DISMISSAL OF THE COMPLAINT OR ISSUANCE OF A SUBPOENA
10 days but petitioner only acquired the affidavit and attachment 4 1. from filing the complaint, investigating officer has 10 days to decide which of the
days after. following option to take
o DOJ panel of prosecutors denied petitioners motion and their subsequent a. dismiss the complaint : NO ground to conduct the investigation
motion for reconsideration b. issue a subpoena to the respondent : finds the need to continue investigation
INITIAL STEPS IN PRELIMINARY INVESTIGATION; FILING OF THE COMPLAINT FOR g. This shall include copy of the complaint and its supporting affidavits and
PRELIMINARY INVESTIGATION documents.
1. Filing with the investigating prosecutor that starts the preliminary investigation 2. Respondent to whom the subpoena was issued shall have the right to examine the
process. evidence submitted by the complaint
a. Actual application it is normally, initiated through an affidavit of complaint h. He may not have been furnished with such and to copy them at his
b. Required to state the address of the respondent and accompanied by: expense.
a. Affidavits of the complainant i. Evidence is voluminous: complainant may be required to specify those
b. Affidavits of the witnesses which he intends to present against the respondent and shall be made
c. Other supporting documents available for examination and copying at the respondent’s expense.
c. NOTE: documents are required in order to establish probable cause. j. Objects as evidence need not be furnished but shall be made available for
Copies to be filed shall be in such number as there are respondents + 2 for examination, copying, or photographing at the expense of the requesting
official file party.
d. Complaint filed for preliminary investigation is different from complaint FILING OF COUNTER-AFFIDAVIT BY THE RESPODENT; NO MOTION TO DISMISS
filed for instituting a criminal prosecution. 1. Respondent receiving the subpoena and other supporting documents
i. Latter refers to the complaint filed in Sec 3 Rule 110 and in the k. NOT ALLOWED to filed a motion to dismiss in lieu of a counter-affidavit
Name of the People of the Philippines l. Instead, within 10days from receipt of subpoena, he is required to submit
ii. Complaint in the preliminary investigation is not just the affidavit for his defense:
of the complainant because his affidavit is treated as a component i. His counter – affidavit
of the complaint. ii. Affidavits of his witnesses
iii. Supporting documents
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2. Counter- affidavit shall be subscribed and sworn before any prosecutor or before - CLARIFICATORY HEARING is not indispensable during prelim inv. It is within the
any government official authorized to administer oaths, in their absence before a discretion of the investigating officer whether to set the case for further hearings to
notary public. clarify some matters.
m. The person whom the affidavits were subscribed and sworn must certify DETERMINATION BY THE INVESTIGATING OFFICER
that he personally examined the affiants and that he is satisfied that the - Within 10 days from termination of investigation, the investigating prosecutor shall
voluntarily executed and understood their affidavits. determine whether or not there is sufficient ground to hold respondent for trial.
7. COMMON PRACTICE: allow the filing of a reply to the counter affidavit usually DISCRETION OF PROSECUTOR IN FILING OF A CRIMINAL COMPLAINT OR INFORMATION
denominated as a reply – affidavit, the respondent may likewise rebut the reply – - Determination of probable cause is recognized as an executive function exclusively of
affidavit through a rejoinder- affidavit. the prosecutor.
ACTION TO BE TAKEN IF THE RESPONDENT DOES NOT SUBMIT HIS COUNTER-AFFIDAVIT - Prosecutor officer cannot be compelled to file a criminal action if he is not convinced
- Despite subpoena still does not submit counter affidavit within 1- days granted to him that there is enough evidence to support its averments.
the investigating officer shall resolve the complaint based on the evidence presented - DISCRETION by the prosecuting officer is involved in the determination of probable
by the complainant cause then MANDAMUS under Rule 65 will not compel the filing of a complaint of
o This rule shall also apply if the respondent cannot be subpoenaed – become an information
ex parte investigation because respondent cannot or does not participate in RESOLUTION OF INVESTIGATING OFFICER; CERTIFICATION OF PRELIMINARY INVESTIGATION
the proceedings. - IF FOUND CAUSE TO HOLD RESPONDENT FOR TRIAL:
- NOTE : RULE OF COURT liberally construed : respondent should be allowed though a o Investigating officer shall prepare the resolution and information
proper motion to have the proceedings reopened to allow him to submit his counter o Information shall contain Certification by the investigating officer under oath in
affidavit and other documents. SHOULD BE DONE BEFORE PROSECUTOR ISSUED A which he shall certify to the following
RESOLUTION IN THE CASE  He or as shown by the record has personally examined the complaint
o The motion should include an explanation for the failure to timely file the and his witnesses
counter affidavit.  There is reasonable ground to believe that a crime has been committed
CLARIFICATORY HEARING IF NECESSARY; NO RIGHT OF CROSS EXAMINATION  That accused is probably guilty thereof
- A HEARING must be set by the investigation officer WITHIN:  Accused was informed of the complaint and of the evidence submitted
o Within 10days from the submission of the counter – affidavit and other against him
documents filed by the respondent OR  He was given opportunity to submit controverting evidence.
o Within 10 days from expiration of the period for their submission - IF FOUND NO CAUSE:
- The hearing is set if there are facts and issues to be clarified either from a party or a o Dismissal of the complaint
witness EFFECT OF THE ABSENCE OF THE REQUIRED CERTIFICATION
- Parties can be present but NOT HAVE THE RIGHT to examine or cross- examine each - The information shall be valid
other or the witnesses o Notwithstanding the absence in the information of a certification as to the
- If the parties have question : submit the question to the investigating officer who shall holding of preliminary investigation
ask the question to the party or witness concerned o Certification is not an essential part of the information itself and its absence
- Hearing shall be terminated within 5 days. cannot vitiate it as such.
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FORWARDING OF THE RECORDS OF THE CASE FOR ACTION; NEED FOR APPROVAL BEFORE o MOTION FOR RECONSIDERATION/REINVESTIGATION has bene filed within 15
FILING OR DISMISSAL days from receipt of the assailed resolution
- WITHIN 5 days from his resolution, prosecutor shall forward the record of the case to o APPEAL shall be taken within 15 days of receipt of the denial of the motion for
the: reconsideration/reinvestigation
o Provincial prosecutor or - APPEAL IS MADE by filing a petition for review with the office of the secretary,
o city prosecutor or Department of Justice
o chief state prosecutor or o Must be verified and copies of the same must be furnished to the adverse
o the Ombudsman or his deputy in cases of offenses cognizable by the party and the prosecution office issuing the appealed resolution
Sandiganbayan o Petition must contain matters under Sec 5 of Dept. Circular No 70
- the resolution shall be acted on within 10 days from receipt and shall immediately o FAILURE TO COMPLY – constitute ground for the dismissal of the petition.
inform the parties of such action - NON EXTENDIBLE PERIOD OF 15 days – adverse party upon receipt of the copy of the
- no complaint or information may be filed or dismissed by an investigating officer petition may file a verified comment, if NO COMMENT was filed then the appeal shall
without the prior WRITTEN AUTHORITY OF APPROVAL of the officials stated above. be resolved on the basis of the petition
- RESOLUTION may be reversed or affirmed by the officials stated above. - NOTE: appeal does not hold or prevent the filing of corresponding information in court
RULE WHEN RECOMMENDATION FOR DISMISSAL IS DISAPPROVED UNLESS the Secretary of Justice directs otherwise.
- Investigating officer recommends DISMISSAL but is disapproved - PARTY FILING FOR REVIEW is allowed to file a MOTION FOR THE SUSPENSION OF THE
o The provincial/city/chief state prosecutor or ombudsman may by himself file ARRAIGNMENT (Rule 116 Sec 11 c)
the information against the respondent OR o Arraignment shall be suspended if petition for review of the resolution of the
o Direct another assistant prosecutor to do so without conducting another prosecutor is pending.
prelim inv. - APPEAL / PETITION IS WITHOUT MERRIT OR INTENDED FOR DELAY the Secretary of
MOTION FOR RECONSIDERATION Justice shall dismiss the petition outright.
- Aggrieve party under current practice is NOT PRECLUDED from filing a motion for - INFORMATION HAS BEEN FILED AND ACCUSSED HAS ALREADY BEEN ARRAIGNED
reconsideration within 15 days from receipt of the assailed resolution before the filing of the petition
- MOTION IS DENIED, aggrieved may appeal within 15 days from the denial of the o Petition shall not be given due course
motion for reconsideration o EXCEPT : even if accused has been arraigned the Secretary of Justice shall not
APPEALS FOR THE SECRETARY OF JUSTICE; FILING A PETITION FOR REVIEW be barred from exercising his power of review.
- In cases of prelim inv. Or re-investigation - SECRETARY may reverse or affirm or modify the appealed resolution. May also dismiss
o Appeal may be brought to the secretary of justice from the resolutions of the petition for review motu proprio or upon motion on any following grounds
chief state prosecutor, regional state prosecutors and provincial/city o Petition for review is filed beyond the period prescribed
prosecutor o Prescribed procedure and requirements provided in Circular 70 not complied
- SECRETARY OF JUSTICE has the authority to decide which of the conflicting theories of with
the complainants and the respondents should be believed. o No showing ay reversible error
- APPEAL shall be taken within 15 days from receipt of the assailed resolution o Accused was already arraigned when the appeal was taken
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o Appealed resolution is interlocutory in nature EXCEPT when it suspends the - DECISION OF SECRETARY OF JUSTICE is tainted with grave abuse of discretion
proceeding based on prejudicial question amounting to lack or excess of jurisdiction : COURT OF APPEALS may take cognizance in
o Offense has already prescribed a petition for certiorari Under RUla65 of the Revised Rules of Civil Procedure.
o Other legal and factual grounds that exist or warrant a dismissal o Decision of CA may be appealed to the SC by way of petition for certiorari
- Secretary may reinvestigate the case if found necessary and the reinvestigation shall be ASSAILING THE RESOLUTION OF THE SECRETARY OF JUSTICE; PETITION FOR REVIEW UNDER
made by the investigating officer, unless for compelling reasons, another prosecutor RULE 43 NOT ALLOWED; PETITION FOR CERTIORARI UNDER RULE 65
may be designate to conduct the same. - DOJ is not an agency exercising a quasi- judicial function when it reviews the finding of
- MOTION FOR RECONSIDERATION on the decision of the Secretary of Justice may be a public prosecutor regarding the presence of probable cause and that its findings are
filed within a non-extendible period of 10days from receipt. not reviewable by the CA in a petition for review under Rule 43
o Copies of such motion and proof of resolution service shall be served upon the - Remedy is to file a petition for certiorari under Rule 65
adverse party and the Prosecution Office concerned - Determination of probable cause during the preliminary investigation is done by the
o No further or second motion for reconsideration shall be entertained. executive branch
RULES OF COURT PROVISIONS WHEN RESLUTION IS REVERSED OR MODIFIED BY THE o Court are not empowered to substitute their own judgment for that of the
SECRETARY OF JUSTICE executive branch
- Action of the provincial/citychief state prosecutor is NOT THE FINAL SAY ON THE CASE o CA may review resolution of Secretary of Justice under petition for certiorari
- On Petition of the proper party the Secretary of Justice may reverse of modify the under Rule 54 SOLELY ON THE GROUND of abuse of discretion amounting to
resolution excess of lack of jurisdiction
o He shall direct the prosecutor to APPEAL TO THE OFFICE OF THE PRESIDENT
1. File the corresponding information without conducting another - RULE 43 from the resolution of the Secretary of Justice : appeal referred to in such
preliminary investigation pronouncements evidently pertains only to a JUDICIAL APPEAL
2. Dismiss or Move for dismissal of the complaint of information - ADMINISTRATIVE APPEAL is not proscribed. MEMORANDUM CIRCULAR NO. 58
with notice to the parties provides that appeals for petition for review of decision/orders/resolutions of the Sec.
POWER OF THE SECRETARY OF JUSTICE TO REVERSE RESOLUTIONS OF PROSECUTORS of Justice are entertained by the Office of the President on the following CONDITIONS:
- Powers of the Secretary of justice over his subordinate (prosecutors) duties and o Offense is punishable by reclusion perpatua to death
substitute the judgment with theirs: o New and material issues are raised which were not presented before the DOJ
o Alter o Prescription of the offense is not due to lapse within 6 months from notice of
o Modify the questioned resolution.
o Nullify o Appeal or petition for review is filed within 30 days from notice
o Set aside NOTE: if not fall within jurisdiction of the Office of the President : DISMISSED
- Secretary of Justice is bound by his oath of office to protect innocent persons from - Event of an adverse decision against the appellant: verified petition for review may be
groundless, false or serious prosecutions. taken to the CA within 15 days from notice of the final order of the president of the
- the authority to decide which of the conflicting theories of the complainants and the office of the president following Rule 43 ROC procedures.
respondents should be believed APPEALS UNDER RULE 43 AND RULE 45
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- FROM OFFICE OF THE PRESIDENT : aggrieved party may file an appeal with the CA WHEN WARRANT OF ARREST IS NOT NECESSARY
under Rule 43 (Office of Pres -> CA) - WARRANT OF ARREST IS NOT REQUIRED IN THE FOLLOWING:
o Resolution of the Off. Of the President is appealable to the CA by filing a a. arrested
verified petition for review under Rule 43 i. Complaint of information has already been filed pursuant to a
- FROM THE COURT OF APPEALS: aggrieved party by the judgment, final order o lawful warrantless arrest.
resolution of CA appeal by certiorari to the SC under Rule 45 (CA-> SC) ii. Accused is already under detention and was lawfully arrested
RECORDS SUPPORTING THE INFORMATION OR COMPLAINT FILED IN COURT without a warrant and a complaint or information
- Complaint / information is filed REQUIRES SUPPORTING DOCUMENTS iii. MTC has issue a warrant pursuant to Sec 4 Rule 112 and detained
o Affidavits Sec 5 Rule 112
o Counter affidavits b. Accused is charged for an offense punishable only by fine
 Of the parties and their witnesses - It is within the discretion of the judge to issue a warrant for the arrest of an accused in
o Other supporting evidence and the resolution of the case a criminal case
- Record of the preliminary investigation shall not form part of the record of the case  Judge personally evaluate the resolution of the prosecutor and
o BUT the court in its own initiative or on motion of any party may order the its supporting evidence
production of the record or any of the parts of the preliminary investigation o May dismiss the case if no probable cause
when necessary for the resolution of the case. o There is probable cause then he is MANDATED BY LAW
ACTION OF THE JUDGE UPON THE FILING OF THE COMPLAINT OR INFORMATION to issue a warrant
- WITHIN 10 days from filing of the complaint :  Power to order the arrest of the accused is limited to instances
o Judge shall personally evaluate the resolution of prosecutor and the judge shall in which there is necessity for placing him in custody in order
look into its supporting evidence not to frustrate the ends of justice.
o Judge may find evidence WITHDRAWAL OF THE INFORMATION ALREADY FILED IN COURT
 Fails to establish probable cause - Once a criminal complaint or information is filed in court, any disposition of the case or
o Judge shall dismiss the case dismissal or acquittal or conviction of the accused rests within the jurisdiction,
 Establishes probable cause competence, and discretion of the trial court
 Issue a warrant of arrest o One a criminal action is instituted by the filing of an information with the court
 Issue a commitment warrant : IF complaint/ information was the latter acquires jurisdiction and has the authority to determine whether to
already filed pursuant to lawful warrant arrest or accused has dismiss the case or convict or acquit the accused.
already been arrested pursuant to a warrant previously issued. - MOTION TO DISMISS case filed by the public prosecutor should be addressed to the
 Engenders a doubt as to the existence of probable cause court which has the option to grant or deny.
 Prosecution may submit additional evidence within 5 days - Trial court should not rely solely and merely on the findings of the public prosecutor or
from notice Secretary of Justice.
 Issue must be resolved within 5 days from notice o Trial court has the option to grant or deny the motion
 Issue must be resolved within 30 days from filing of the SOME JUDICIAL PRONOUNCEMENT ON PRELIMINARY INVESTIGATION (cases on books)
complaint or information.
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- LAW ENFORCEMENT OFFICERS – entrusted with the power to conduct investigation, make
arrests, perform searches and seizures of persons and their belongings, occasionally use lethal
force in the line of duty
o Should be exercised within the boundaries of the law
o When exceed those boundaries of the law, they jeopardize the admissibility of any
evidence collected for prosecution.
- ARREST – taking of a person into custody in order that he may be bound to answer for the
commission of an offense.
o For specific and definite purpose
- TO MAKE AN ARREST – need not be actually restrained by the person making the arrest
o Submission to the custody of the person making arrest already constitutes an arrest
o Control over the person under custody -> restraint on his liberty to the extent that he is
not free to leave on his own volition
- SEC 5(B) of Rule 113 – probable cause must be based on the personal knowledge by the
arresting officer of facts and circumstances that the arrestee is indeed the perpetrator of the
criminal act.
REQUISITES FOR THE ISSUANCE OF A WARRANT OF ARREST
- SEC 2. Article III Bill of Rights
o Probable cause to be determined personally by the judge
o after examination under oath or affirmation of the complainant and the witnesses he may
produce and
o particularly describing the place to be searched and the
o persons or things to be seized
- ARREST WITHOUT PROBABLE CAUSE – unreasonable seizure of a person and violates the
privacy of persons
- PROBABLE CAUSE – facts that would lead a reasonably discreet and prudent man to believe
that a crime has been committed and that it was likely committed by the person sought to be
arrested.
o Determine probable cause: average man’s weighs the facts and circumstances without
resorting to the calibrations of the rules of evidence of which he has no technical
knowledge
o Reliance on COMMON SENSE
- AAA vs Carbonell
o There is grave abuse of discretion for dismissing the case on the ground that petitioner
and her witnesses failed to comply with his orders to take the witness stand
CHAPTER 5: ARREST o NOT MANDATORILY require the judge to personally examine the complainant and
ARREST; HOW ARREST MADE her witnesses.
1. He may opt to personally evaluate the report and supporting documents submitted
by the prosecutor or
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2.
he may disregard the prosecutor’s report and require the submission of supporting o FAILURE TO EXECUTE: report shall include the reasons for its non-execution
affidavits of witnesses - WHEN MAKING AN ARREST WITH A WARRANT
o necessity arises only when there is an utter failure of the evidence to show the existence 1. Inform the person to be arrested of the cause of his arrest
of probable cause – otherwise the judge may reply on the report. 2. Inform him of the fact that a warrant has been issue for his arrest
- Talingdan vs Eduarte - INFO. NEED NOT BE MADE WHEN THE PERSON ARRESTED:
o it is the exclusive and personal responsibility of the issuing judge to satisfy himself as to 1. Flees
the existence of probable cause 2. Forcibly resists
o Personal Determination by the judge- does not mean that judges are obliged to conduct 3. Giving the information will imperil the arrest
the personal examination - NEED NOT HAVE WARRANT IN HIS POSSESION – however after the arrest the warrant
 To require this would be to unduly laden them with the preliminary shall be shown to him as soon as practicable, if the person arrested so requires.
examinations and investigations of criminal complaints instead of - DUTY OF THE ARRESTING OFFICER : deliver the person arrested to the nearest police
concentrating on hearing and deciding cases filed before the. station or jail without unnecessary delay.
- Judge should consider NO UNNECESSARY VIOLENCE
o Report of the investigating prosecutor - NO VIOLENCE OR UNNECCESARRY FORCE shall be used in making an arrest
o Affidavit and the documentary evidence of the parties - NOT SUBJECT TO A GREATER RESTRAINT that is necessary for his detention
o Counter – affidavit of the accused and his witnesses AUTHORITY TO SUMMON ASSITANCE
o Transcript of stenographic notes taken during the preliminary investigation (if any is - Authority to effect a arrest carries with it an authority to orally summon as many persons as he
submitted) deems necessary to assist him in effecting the arrest.
- DIRECTLY FILE WITH MTC Sec 8(b) Rule 112 in relation to Sec 1 (b) - Every person summoned by an officer is required to give the assistance requested provided he
o Personally evaluate the evidence OR can do so without detriment to himself
o Personally examine in writing and under oath the complainant and his witnesses in the WHEN A PERSON TO BE ARRESTED IS INSIDE A BUILDING
form of SEARCHING QUESTIONS and ANSWERS - Authorize to break into any building or enclosure in case he refused admittance after announcing
PRELIMINARY INQUIRY (EXAMINATION) VERSUS PRELIMINARY INVESTIGATION his authority and purpose
PRELIMINARY INQUIRY PRELIMINARY INVESTIGATION - He may break out from said place if necessary to liberate himself from the same place
Determines probable cause for the Ascertains whether the offender should WHEN A WARRANTLESS ARREST IS LAWFUL
issuance of a warrant of arrest be held for trial or be released - GENERAL RULE: warrant is needed in order to validly effect an arrest
Judge Investigating prosecutor - EXCEPTION: Rule 113 of the Rules of Court
PURPOSE: insulate from the very start 1. IN FLAGRANTE : in his presence the person to be arrested has committed, is actually
those falsely charged with crimes from committing, or is attempting to commit an offense
the tribulations, expenses ad anxiety of 2. HOT PURSUIT: offense has just been committed, and he has probable cause to believe
a public trial based on personal knowledge of facts or circumstances that the person to be arrested has
committed it
METHOD OF ARREST WITH A WARRANT;WARRANT NEED NOT BE IN POSSESSION OF 3. ESCAPEE: person to be arrested is a prisoner who has escaped from a penal establishment
THE OFFICER or place where he is serving final judgment or is temporarily confined while his case is
- Warrant is delivered to the proper law enforcement agency for execution pending OR escaped while being transferred from one confinement to another
- Head of the Office (law enforcement) shall cause the warrant to be executed within 10 days from - CITIZEN ARREST: allow arrest if in his presence, the person to be arrested has committed, is
receipt actually committing, or is attempting to commit an offense
o Within 10 days after expiration: executor shall make a report to the judge who issue the - Person previously lawfully arrested escapes or is rescued may immediately be pursued or retaken
warrant without a warrant
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- BONDSMEN: may arrest accused for the purpose of surrendering him to the court. a.
Inform the person to be arrested NOT of his authority but HIS INTENTION to arrest
o Or if the accused attempts to depart from the Philippines without permission of the him and the CAUSE of his arrest
court. o NOTE: breaking into a building or an enclosure specifically refers to an OFFICER
WHO MAY MAKE WARRANTLESS ARRET;DUTY OF OFFICER,CITIZEN’S ARREST ONLY
- May be made by a PEACE OFFICER or a PRIVATE PERSON (citizen’s arrest) 3. IN FLAGRANTE or HOT PURSUIT
THE BASIS OF THE IN FLAGRANTE DELICTO;EXCEPTION;REQUISITES o Person arrested without warrant shall be delivered to the nearest police station or jail
- Sec 5(a) Rule 113 “suspicion” and “reliable information” not a justification for a warrantless TIME OF MAKING AN ARREST
arrest, there should be: - Any time of the day or night
1. PERFORMANCE OF OVERT ACTS that would indicate that he has committed, is actually RIGHTS OF A PERSON ARRESTED (RA 7438)
committing or is attempting to commit an offense. - RA 7438:
2. This should be done in the presence or within the view of the arresting officer 1. Right to be assisted by counsel at ALL times
EXISTENCE OF AN OVERT ACT OF A CRIME IN THE PRESENCE OF THE PERSON 2. Right to remain silent
MAKING THE ARREST (Read book for cases) 3. Right to be informed of the above rights
THE HOT PURSUIT EXCEPTION 4. Right to be visited by the immediate family members, by his counsel, or by any non
- Requisites: governmental organization, national or international
1. An offense has been committed - COUNSEL: independent and competent
2. The person making the arrest has personal knowledge of facts indicating that the person to o Allowed to confer at all times with the person arrested/detained or under investigation
be arrested has committed it o CANNOT AFFORD counsel: the investigating officer should provide him with a
o EXCEPTION: warrantless arrest made one year after the offense has been committed s competent and independent counsel
an illegal arrest - ABSENCE OF LAWYER:
- PERSONAL KNOWLEDGE: must be based on probable cause o no custodial investigation can be conducted
o actual belief or reasonable grounds of suspicion o accused can only be detained in accordance with Art 125 of the RPC
o supported by circumstances sufficiently strong in themselves to create the probable o WAIVER OF ART 125 of RPC :
cause of guilt of the person to be arrested  Should be in writing
- REASONABLE SUSPICIOSN : must be founded on probable cause coupled with GOOD  Signed by the person arrested
FAITH in the part of the peace officers making the arrest  Presence of his counsel
METHOD OF ARREST WITHOUT A WARRANT - EXTRAJUDICIAL CONFESSION:
1. ARREST BY AN OFFICER o Writing
a. Officer shall inform the person to be arrested his o Signed by the person detained/under investigation
i. authority and o Presence of his counsel
ii. cause of his arrest  ABSENCE OF COUNSEL: presence of any of the parents, older brothers,
b. information need not be given if sisters, spouse, municipal mayor, municipal judge, district school supervisor or
i. person to be arrested is engaged in the commission of an offense priest or minister of the gospel as chosen by him
ii. is in the process of being pursued immediately after its commission CUSTODIAL INVESTIGATION; EXPANDED CONCEPT
iii. escapes or flees - RA 7438 Sec 2(f)
iv. forcibly resists before the officer has the opportunity to so inform him o Custodial investigation shall include the practice of issuing an invitation to a person who
v. giving of such information will imperil the arrest
is investigated in connection with an offense he is suspected t have committed, without
2. ARREST BY A PRIVATE PERSON
prejudice to the liability of the inviting officer for any violation of law
PENALTIES UNDER RA 7438
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- Arresting officer doesn’t inform the accused of his right under RA 7438 : he shall suffer a penalty o are immune from the criminal jurisdiction of the country of their assignment and
consisting of Php 6,000.00 or imprisonment of not less than 8yrs but not more than 10 years or therefore immune from arrest
both 3. RA75
- Any person obstructs, prevents or prohibits any lawyer or member of the family of arrested to o Prohibits arrest of duly accredited
visit him: shall suffer imprisonment of not less than 4 years nor more than 6 years and a fine of i. Ambassadors
Php 4,000.00 ii. Public ministers of a foreign country and their duly registered domestics
EFFECT OF AN ILLEGAL ARREST ON JURISDICTION OF THE COURT o NOTE: subject to the principle of reciprocity.
- LEGALITY OF ARREST: affects only the jurisdiction of the court over the person of the
accused
- Waiver of illegal arrest : NOT MEAN waiver of the inadmissibility of evidence seized during an
illegal warrantless arrest
EFFECT OF ADMISSION TO BAIL ON OBJECTIONS TO AN ILLEGAL ARREST
- Admission to bail shall not bar the accused from challenging the validity of his arrest or the
legality of the warrant issued
- RAISES THE OBJECTION: before he enters plea
WAIVER OF THE ILLEGALITY OF THE ARREST; EFFECT OF ILLEGAL ARREST
- Defect is deemed waived when the person arrested submits to arraignment without objection
- Upon waiver the accused may be ESTOPPED from assailing the illegality of his arrest if he
failed to move for the QUASHING OF THE INFORMATION against him before his
arraignment
- Illegal arrest of an accused is not sufficient cause for setting aside a valid judgment rendered
upon sufficient complaint after a trial free from error, such arrest does not negate the validity of
the conviction of the accused.
- This principle of waiver can only be applied if the accused voluntarily enters his plea and
participates during trial, without previously invoking his objections.
o There must be clear and convincing proof that the accused had an actual intention to
relinquish his right to question the existence of probable cause
PERSONS NOT SUBJECT TO ARREST
1. Sec 11 Art 5 of constitution
o Senator or Congress in all offenses punishable by not more than 6 years imprisonment
be privileged from arrest while the congress is in session
o NOTE: NOT APPLY if the offense if punishable by more than 6 years imprisonment
2. International Law:
a. Under accepted principles of international law, sovereigns, and other
b. chiefs of states,
c. ambassadors,
d. ministers plenipotentiary
e. ministers resident
f. charge dáffaires
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o Commanding him to search for personal property described therein and

o Bring it before the court
- It is not a criminal action nor does it represent concealment of a criminal prosecution
- It is a Special and Peculiar Remedy
- Legal process likened to a writ of discovery employed by the state to procure relevant evidence
of a crime
- Power to issue? Exclusively vested with the trial judges in the exercise of their judicial functions
-
CONSTITUTIONAL PROVISION
- Sec 2 Article 3 of the Constitution – constitutional guarantee
o Admissibility and inadmissibility of evidence based on search and seizure
ARREST VS SEARCH AND SEIZURE
ARREST SEARCH AND SEIZURE
Taking of a person in custody -May follow an arrest but the search
must be incident to a lawful arrest
-Covers a wide spectrum of matters
on the search of both persons and
places and the seizure of the things
found therein
Probable cause: Probable Cause:
- Judge must have sufficient facts - Requires facts to show that
in his hands that would tend to particular things connected with a
show that a crime has been crime are found in a specific
committed and that a particular location
person committed it
Judge is not necessarily required to Judge must before issuing the search
make a personal examination before warrant, personally examine the
issuing a warrant of arrest complainant and the witnesses he may
produce in determining probable cause
May be made on any day and at any Usually served in the day time, unless
time of the day or night otherwise provided in the direction of
the warrant
Chapter 6 : II. SEARCH AND SEIZURE –OVERVIEW ONLY
NATURE OF SEARCH WARRANT APPLICATION FOR A SEARCH WARRANT; WHERE TO FILE
- Search warrant is - Filed within whose territorial jurisdiction a crime was committed
o Order in writing - Exception:
o Issued in the name of the People of the Philippines o Before any court within judicial region : the place of commission of crime is known
o Signed by a judge o Before any court within judicial region: where warrant shall be enforced
o Directed to a peace officer
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o Application shall be made only in the court where the criminal action is pending, if 5. Customs search
criminal action has already been filed. 6. Stop and frisk (terry doctrine)
7. Exigent and emergency circumstances
PROPERTY SUBJECT OF A SEARCH WARRANT 8. Search of vessels and aircraft
- Personal Property only 9. Inspection of buildings and other premises for the enforcement of fire, sanitary and building
o Personal property subject of the offense regulations
o Stolen property or embezzled and other proceeds or fruits of the offense
o Property intended to be used as a means of committing an offense
REQUISITE FOR THE ISSUANCE OF A SEARCH WARRANT

1. There must be probable cause in connection with one specific offense
2. Presence of probable cause is to be determined by the judge personally
3. Determination by the judge must be made after an examination under oath or affirmation of the
complainant and the witnesses he may produce
4. Warrant must specifically describe the place to be searched and the things to be seized which
may be anywhere in the Philippines
PROBABLE CAUSE IN SEARCH WARRANTS

- Facts and circumstances which would lead a reasonably discreet and prudent man to believe that
an offense has been committed and that the objects sought in connection with the offense are in
the place to be searched
HOW THE EXAMINATION SHALL BE CONDUCTED BY THE JUDGE

1. Examination must be personally conducted by the judge
2. Examination must be in the form of searching questions and answers
3. Complainant and the witnesses shall be examined and those facts personally known to them
4. The statements must be in writing and under oath
5. Sworn statements of the complainant and the witnesses, together with the affidavits submitted,
shall be attached to the record
EXCEPTION TO THE SEARCH WARRANT REQUIREMENT

1. Warrantless search incidental to a lawful arrest
2. Plain view doctrine
a. Prior valid intrusion based on the valid warrantless arrest in which the police are legally
present in the pursuit of their official duties
b. Evidence inadvertently discovered by the police have the right to be where they are
c. The evidence must be immediately apparent
d. Plain view justified mere seizure of evidence without further search
3. Search of moving vehicle
4. Consented warrantless search
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- Security given for the release of a person in custody of the law, furnished by him or a bondsman,
to guarantee his appearance before any court as required under certain specified conditions
- Purpose: guarantee appearance of a person before any court
- Right of the accused to temporary liberty, but likewise the right of the state to protect the people
and the peace of the community from dangerous elements
- Constitutional right : personal in nature and therefore is waivable
- Right to bail : presumption of innocence
- Money deposited : applied to the payment of fines and costs while the excess if any shall be
returned to the accused or to whoever made the deposit
o Not intended to cover the civil liability of the accused in the same criminal case
o Civil liability depends on conviction by final judgment
- Preventive detention : cannot practice their profession nor engage in any business or occupation,
or hold office, elective appointive, while in detention.
o Presumption of innocence not a reason for the detained accused to be allowed to do the
activities above.
o Presumption of innocence does not carry with it the full enjoyment of civil and political
rights
CONSTITUTIONAL BASIS OF THE RIGHT TO BAIL

- Right to Bail (no hearing)
o Before conviction
o Crime is punishable by imprisonment below reclusion perpetua
- Bail is discretion (requires a hearing)
o Before conviction
o Crime is punishable by reclusion perpetua
o Evidence of guilt is NOT STRONG
- No Bail
o Before conviction
o Crime is punishable by reclusion perpetua
o Evidence of guilt is STRONG
- Test : whether it shows evident guilt or great presumption of guilt
o Court is ministerially bound to decide which circumstances and factors are present
which would show evident guild or presumption of guilt.
BAIL IN THE MILITARY

- Not available in the military
CHAPTER 6: I. BAIL (RULE 114) - Right to speedy trial is given more emphasis in the military
MEANING, NATURE AND PURPOSE OF BAIL - Why?
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o Unique structure of the military should be enough reason to exempt military men from - surrender the accused to the court for execution of the final judgment
the constitutional coverage on the right to bail - For purpose of surrendering the bondsman may:
- Equal protection clause : not acceptable since they are not similarly situated o Arrest him or
o Upon written authority endorsed on a certified copy of the undertaking, cause him to be
BAIL IN EXTRADITION PROCEEDINGS arrested by a police officer or any other person of suitable age and discretion
- Before there was no bail for extradition cases since it is not a criminal in nature but sui generis, a - May be re- arrested without necessity of a warrant if he attempts to depart from the Philippines
class in itself without permission of the court where the case is pending
- They do not involve a determination of guilt or innocence - Bondsman : becomes the jailer of the accused and is subrogated to all the rights and means which
the government possess to make his control over him effective
EXCEPTION TO THE “NO BAIL RULE” IN EXTRADIATION PROCEEDINGS
- Exceptions to no bail rule: only upon clear and convincing showing THE APPLICANT FOR BAIL MUST BE IN CUSTODY
1. One granted bail, the applicant will not be a flight risk or a danger to the community - Applicable only to a person in “custody of the law”
2. Exist special, humanitarian, compelling circumstances - Fugitive : may not apply for bail unless he gives himself up first so he may be placed under the
custody of the law
PURGANAN CASE RE-EXAMINED o Why? To discourage and prevent the practice where the accused could just send another
- View the law on no bail in extradition based on the modern trend of international law placing in his stead to post his bail, without recognizing the jurisdiction of the court by his
primary worth of the individual: personal appearance
1. Growing importance of the individual person in public international law - Custody of the law
2. Higher value now being given to human rights in the international sphere o Virtue of a warrant
3. Corresponding duty of the countries to observe these universal human right in fulfilling their o Without a warrant but pursuant to the Rules of Court
treaty obligations o Voluntarily submits himself to the jurisdiction of the court as when he surrenders to
4. Duty of the court to balance the right of the individual under our fundamental law and the
proper authorities
law on extradition
- What if confined in the hospital? May be deemed to be under the custody of the law if he clearly
- Country has responsibility protecting and promoting the right of every person to liberty and due
communicates his submission to the court while confined in the hospital.
process
o Among the remedies include the right to be admitted to bail
BAIL TO GUARANTEE APPEARANCE OF WITNESSES
- Exception : bail required to secure the appearance of a material witness
BAIL IN DEPORTATION PROCEEDINGS
o He may be ordered to post bail even if he is not under detention
- Aliens in deportation proceedings : no inherent right to bail unless the right is granted expressly
o Guarantee the appearance of the material witness
by law
- Court is satisfied, upon proof or oath that a material witness will not testify when required. The
- Commission on Immigration: power and discretion to grant bail in deportation proceedings
court upon motion of either party orders the witness to post bail.
o Grant of bail is merely permissive and not mandatory or obligatory on the part of the
o Refuses to post bail? He shall commit him to prison until he complies or is legally
commissioner
discharged after his testimony has been taken
WHO FURNISHES THE BAIL
BAIL FOR THOSE NOT YET CHARGED
- Bail applicant himself
- A person deprived of his liberty by virtue of arrest or voluntary surrender may apply for bail as
- bondsman
soon as he is deprived of liberty, even before complaint or information is filed against him
- Application shall be made where the person arrested is held
OBLIGATION AND RIGHT OF THE BONDSMENL ARREST WITHOUT A WARRANT
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- Court does not have authority to grant bail to an accused arrested outside of his territorial o Deposited with the nearest collector of internal revenue or provincial city or municipal
jurisdiction treasurer
 According to Judge Pano: practice is to deposit it in the clerk of court of the
EFFECTS OF FAILURE TO APPEAR AT THE TRIAL RTC
- Failure to appear: o Money deposited shall be considered as bail and applied to the payment of fine and
o Waiver of his right to be present and the trial may proceed in ABSENTIA costs while the excess, shall be returned to the accused or to whoever made the deposit
o Bondsman may arrest the accused by 4. Recognizance (sec 1 rule 114)
 Arrest him or o Obligation of record with the condition to do some particular act, the most usual
 Upon written authority endorsed on a certified copy of the undertaking, cause condition in criminal cases being the appearance of the accused for trial
him to be arrested by a police officer or any other person of suitable age and o Recognizance : only allowed by law or by the rules of court
discretion o Release on recognizance in the following cases
 Violation of ordinance light felony, or a criminal offense punishable by
COURT CANNOT REQUIRE ARRAIGNMENT BEFORE THE GRANT OF BAIL imprisonment not exceeding 6 months and/or fine of Php 2,000
- Bail should not be conditioned upon the prior arraignment of the accused  Custody for a period equal to or more than the minimum imposable principle
- Should be granted before arraignment, otherwise the accused will be precluded from filing a penalty – may be released on his own recognizance or on reduced bail
motion to quash which is done before arraignment  Applied for probation, pending finality of judgment but no bail was filed or
- IF the information is quashed and the case dismissed -> no arraignment accused is incapable of filing one
***cases***  Youthful offender held for physical and mental examination, trial or appeal
 Summary proceedings (failure to appear when required)
FORMS OF BAIL
1. Corporate surety GUIDELINES IN FIXING THE AMOUNT OF BAIL
o Furnished by a corporation. - Excessive bail shall not be required
o Domestic or foreign corporation which is licensed as a surety and authorized to act as - High enough to assure the presence of the accused when such presence is required but no higher
such, may provide bail by bond subscribed jointly by the accused and an officer of the than is reasonably calculate to fulfill this purpose
corporation duly authorized by the board of directors - Factors to consider?
2. Property bond (a) Financial ability of the accused to give bail;
o Undertaking constituted as lien on the real property given as security for the amount of (b) Nature and circumstances of the offense;
the bail (c) Penalty for the offense charged;
o Within 10 days of approval -> cause annotation on the COT with the registry of deeds (d) Character and reputation of the accused;
and shall likewise made on the corresponding tax declaration (e) Age and health of the accused;
o Within 10 days from compliance -> submit compliance to the court (f) Weight of the evidence against the accused;
o Failure to comply? Cancellation of property bond, re- arrest and detention (g) Probability of the accused appearing at the trial;
o Qualifications: (h) Forfeiture of other bail;
 Resident owner of real estate within Philippines (i) The fact that accused was a fugitive from justice when arrested; and
 Only one surety – worth at least the amount of undertaking (j) Pendency of other cases where the accused is on bail.
 2 or more sureties – each may justify in an amount less than that expressed in
the undertaking. Aggregate of the justified sum must be equivalent to the whole DURATION OF THE BAIL
amount of the bail - Undertaking under the bail shall be effective upon approval and unless cancelled
3. Cash deposit
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- Bail bond posted by the accused can only be used during the 15 day period to appeal and not 2. After judgment of conviction has become final
during the entire period of the appeal 3. After the accused has commenced to serve sentence
o Continue provisional liberty on the same bail bond, consent of the bondsman is
necessary WHEN BAIL IS A MATTER OF RIGHT
- GENERAL RULE: persons in custody shall be admitted to bail as a matter of right
NO RELEASE OR TRANSFER OF PERSON IN CUSTODY; EXCEPTIONS o BEFORE conviction by the MTC, MeTC, MTCT, MCTC
WHEN BAIL IS NOT REQUIRED o After conviction by said courts
- No release or transfer EXCEPT: o Before conviction by the RTC of an offense NOT punishable by death, reclusion
o Order of the court perpetua or life imprisonment
o When he is admitted to bail - Evidence of guilt? Determined by the court after a hearing to be conducted with notice of hearing
to the prosecutor or a requirement for him to submit his recommendation
WHEN BAIL IS NOT ALLOWED
1. Law or the ROC provides REMEDY WHEN BAIL IS DENIED
- Petition for CERTIORARI if the trial court committed grave abuse of discretion amounting to
2. When a person has been in custody for a period equal to or more than the possible maximum excess of lack of jurisdiction in issuing said order.
imprisonment prescribe for the offense charged, he shall be released immediately, without
prejudice to the continuation of the trial or the proceedings on appeal. If the maximum WHEN BAIL IS A MATTER OF DISCRETION
penalty to which the accused may be sentenced is destierro, he shall be released after thirty - Before conviction by the RTC of an offense NOT punishable by death, reclusion perpetua or life
(30) days of preventive imprisonment. imprisonment
3. In cases filed by the MTC MTCT for an offense punishable by imprisonment of less than 4 - If it is punishable by death, reclusion perpetua or life imprisonment the admission of bail
years, 2 months and 1 day – no necessity for placing accused under the custody of the law becomes discretionary
 May issue summons instead of a warrant of arrest o A hearing must be conducted whether or not the prosecution refuses to present evidence
4. Violation of a municipal or city ordinance, a light felony and/or a criminal offense wherein and the prosecutor must be notified to require him to submit his recommendation
the penalty imposed is imprisonment of not more than 6 months or fine of Php 2,000.
- EXCEPTION WHERE APPLICATION FOR BAIL IS TO BE FILED WHEN BAIL IS A MATTER OF
o In flagrante DISCRETION AND AFTER CONVICTION BY THE RTC
o Confesses to the commission of the offense 1. May be filed and acted upon by the court even if a notice of appeal has already been filed
o Escapee – previously escaped from legal confinement, evaded sentence or jumped bail and provided that the trial court has not yet transmitted the original record to the appellate
o Previously violated the provisions of Section 2 of the law court
o A recidivist or a habitual delinquent or has been previously convicted for an offense to o If already filed with appellate court – application shall be filed with the said appellate
which the law or ordinance attaches an equal or grated penalty or for 2 or more offenses court
to which it attaches a lighter penalty 2. Decision of the RTC convicting of the accused changed the nature of the offense from non-
o Committed an offense while on parole or under conditional pardon bailable to bailable, the application can only be filed with and resolved by the appellate court
o Accused has been previously been pardoned by the municipal or city mayor for 3. If the application for bail is granted, the accused may be allowed to continue provisional
liberty during the pendency of the appeal under the same bail but with the consent of the
violation of city or municipal ordinance for at least 2 times
bondsman
WHEN BAIL IS NOT ALLOWED
WHEN APPLICATION FOR BAIL AFTER CONVICTION BY THE RTC SHALL BE DENIED
1. Charged with capital offense, or an offense punishable by reclusion perpetua or life
imprisonment: Evidence of GUILT IS STRONG
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- Penalty imposed is death, reclusion perpetua or life imprisonment bail should be denied since the DUTIES OF THE TRIAL JUDGE IN A PETITION FOR BAIL IN OFFENSES PUNISHABLE BY
conviction indicates strong evidence of guilt based on proof beyond reasonable doubt RECLUSION PERPETUA, LIFE IMPRISONMENT OR DEATH
- If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the accused 1. Notify the prosecutor of the hearing of the application for bail or require him to submit his
shall be denied bail, or his bail shall be cancelled upon a showing by the prosecution, with notice recommendation
to the accused, of the following or other similar circumstances: 2. Conduct a hearing of the application for bail whether or not prosecution refuses or presents
(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime evidence
aggravated by the circumstance of reiteration; 3. Decide whether the evidence of guilt of the accused is strong based on the summary of evidence
(b) That he has previously escaped from legal confinement, evaded sentence, or violated the of the prosecution
conditions of his bail without valid justification; 4. Guilt of the accused is not strong, discharge the accused upon the approval of the bail bond,
(c) That he committed the offense while under probation, parole, or conditional pardon; otherwise petition should be denied
(d) That the circumstances of his case indicate the probability of flight if released on bail; or - Summary is considered an aspect of procedural due process for both prosecution and the defense
(e) That there is undue risk that he may commit another crime during the pendency of the - Right to bail still may be denied if PROBABILITY OF ESCAPE is great
appeal. - Grant of bail does not prevent the court from making a final assessment of the evidence after full
trial on the merits
BAIL PENDING APPEAL WHERE PENALTY IMPOSED EXCEEDS SIX YEARS
- APPELLATE COURT : 2 scenarios where penalty imposed in the appellant applying for bail is EVIDENCE IN BAIL HEARING ARE AUTOMATICALLY REPRODUCED AT THE TRIAL
imprisonment exceeding 6 years. (Circumstances under Sec 5 Rule 114 3rd paragraph) - Any witness during bail may be recalled by the court for additional examination
None of the Circumstances Present of at least 1 circumstance - EXCEPT:
Circumstances enumerated in the said The existence of at least one of the said 1. witness is dead,
paragraph not being present circumstances 2. outside the Philippines
Bail is a matter of sound judicial Appellate court exercises stringent 3. otherwise unable to testify
discretion – none of the circumstances discretion, that is, to carefully ascertain
is present then the appellate court has whether any of the enumerated CAPITAL OFFENSE
the discretion to grant of deny bail circumstances in fact exists - under the law : punished by death
None existence of grant of bail – not Proven that one circumstance exist – o already prohibited under RA 9346
automatic grant of bail, but would only revoke bail or deny bail - capital nature is determined by the penalty prescribed by law and not penalty to be actually
authorize less stringent sound imposed
discretion approach
EFFECT OF RA9346 ON THE GRADUATION OF PENALTIES
HEARING OF APPLICATION FOR BAIL IN OFFENSES PUNISHABLE BY DEATH, - amendatory effects of RA 9346 extend only to the application of death penalty but not to the
RECLUSION PERPETUA, OR LIFE IMPRISONMENT; BURDEN OF PROOF IN BAIL definition or classification of crimes
APPLICATION - it does not serve as basis for the reduction of civil indemnity and other damages that adhere to
- Prosecution has the burden of showing that evidence of guilt is strong heinous crimes
- Hearing is set to determine the existence of strong evidence or lack of it, against the accused to ***read cases to understand***
enable the judge to make an intelligent assessment of the evidence presented by the parties
- Summary hearing : such brief and speedy method of receiving and considering the evidence of WHERE APPLICATION OR PETITION FOR BAIL MAY BE FILED
guilt as is practicable and consistent with the purpose of hearing which is merely to determine the - filed with the court where the case is pending
weight of the evidence for the purposes of bail - Unavailability of judge? Filed with the RTC, MeTC, MTC, MCTC
36
- judges who approve applications for bail of accused who cases are pending in other courts are
guilty of gross ignorance of the law APPLICATION FOR OR ADMISSION TO BAIL NOT A BAR TO OBJECTIONS ON ILLEGAL
- BAIL IS FILED WITH ANOTHER COURT? (due to unavailability) ARREST, LACK OF OR IRREGULAR PRELIMINARY INVESTIGATION
o The judge who accepted the bail shall forward it together with the order of release and - Application or admission of the accused to bail shall not bar him from challenging the validity of
other supporting papers, to the court where the case is pending, which may, for good his arrest or legality of the warrant issued
reasons, require a different one to be filed. - SHOULD BE RAISED BEFORE PLEA
o Because upon please the accused is precluded from questioning the legality of the arrest
- PERSON NOT YET IN CUSTODY?
o May apply for bail with any court in the province, city or municipality where he is held
INCREASE OR REDUCTION OF BAIL

- Accused is already admitted to bail: bail may either be increased or reduced by the court upon
good cause
- Increased must be given within a reasonable period if the accused wants to avoid being taken into
custody
BAIL FOR ACCUSED ORIGINALLY RELEASE WITHOUT BAIL

- Even if release without bail, he may later be required to give bail in the amount fixed by the court
whenever at any subsequent stage of the proceedings a strong showing of guilt appears in court.
FORFEITURE OF BAIL
- Fails to appear in person as required his bail shall be declared forfeited
- Bondsmen shall be given 30 days to produce the principal and to show cause why no judgment
should be rendered against them for the amount of the bail
o Bondsmen must produce the body of the principal or given the reason for non-
production
o Explain why the accused did not appear before the court
o FAILURE: a judgment shall be rendered against the bondsmen jointly and severally for
the amount of the bail
CANCELLATION OF THE BAIL; REMEDY

- Cancellation by application of bondsmen: may be cancelled upon application by bondsmen with
due notice to prosecutor
a. Upon surrender of the accused or
b. Proof of his death
- Automatic cancellation –
a. Acquittal of the accused
b. Execution of the judgment of conviction
c. Dismissal of the case
37
- Normally treated in the constitutional Law under the topic of the Bill of Rights
- Rights of the accused at trial (Sec 1 Rule 115)- In all criminal prosecutions, the accused shall be
entitled to the following rights:
(a) To be presumed innocent until the contrary is proved beyond reasonable doubt.
(b) To be informed of the nature and cause of the accusation against him.
(c) To be present and defend in person and by counsel at every stage of the proceedings, from
arraignment to promulgation of the judgment. The accused may, however, waive his presence
at the trial pursuant to the stipulations set forth in his bail, unless his presence is specifically
ordered by the court for purposes of identification. The absence of the accused without
justifiable cause at the trial of which he had notice shall be considered a waiver of his right to
be present thereat. When an accused under custody escapes, he shall be deemed to have
waived his right to be present on all subsequent trial dates until custody over him is regained.
Upon motion, the accused may be allowed to defend himself in person when it sufficiently
appears to the court that he can properly protect his right without the assistance of counsel.
(d) 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.
(e) To be exempt from being compelled to be a witness against himself.
(f) To confront and cross-examine the witnesses against him at the trial. Either party may
utilize as part of its evidence the testimony of a witness who is deceased, out of or can not
with due diligence be found in the Philippines, unavailable or otherwise unable to testify,
given in another case or proceeding, judicial or administrative, involving the same parties and
subject matter, the adverse party having the opportunity to cross-examine him.
(g) To have compulsory process issued to secure the attendance of witnesses and production
of other evidence in his behalf.
(h) To have speedy, impartial and public trial.
(i) To appeal in all cases allowed and in the manner prescribed by law. (1a)
PRESUMPTION OF INNOCENCE
- Constitutional in origin and a mere substantial reiteration of Sec 14(2) of Art 3 of the constitution
“… the accused shall be presumed innocent until contrary is proved”
- Presumption of regularity in the performance of duty should not by itself prevail over the
presumption of innocence
o Presumption of Regularity - Mere presumption disputable by contrary proof and which
when challenged by evidence cannot be regarded as binding truth
PRIMA FACIE PRESUMPTION OF GUILT

- Presumptions under Sec 3(j) of Rule 131 of the Rules of Court
- Legislature has the power to provide the proof of certain facts can constitute a prima facie
CHAPTER 7: RIGHTS OF THE ACCUSED evidence of the guilt of the accused and then shift the burden of proof to the accused provided
RIGHTS OF THE ACCUSED AT TRIAL that there is a rational connection between the facts proved and the ultimate fact presumed
38
- Statutory presumption is merely prima face, the accused may rebut the presumption o Name and surname of the offenses party or ay appellation or nickname
o Sufficient clarity and in an ordinary concise language, the acts or omissions constituting
PROOF BEYOND REASONABLE DOUBT the offense to enable the accused to know the offense being charged
- Presumption of innocence ends when it is overcome in a final conviction o State the qualifying and aggravating circumstance attending the acts imputed to the
- Quantum of evidence which overcomes presumption: PROOF BEYOND REASONABLE accused
DOUBT o Sufficiently allege that the crime was committed or its essential ingredients occurred at
o Moral certainty or degree of proof which produces conviction in an unprejudiced mind some place within the jurisdiction of the court
- Prosecution fails to meet burden of proof? Presumption of innocence prevails and the accused o Date of the commission of the acts or omissions constituting the offense
should be necessarily be acquitted o Offenses against property : offended party is unknown, property must be described with
***examples in the book*** such particularity to properly identify the offense charged
- Convictions are currently on appeal? *****read cases to understand further*****: check number, to have information before
o Not yet attained finality arraignment, how minor for it to be excusable.
o Until the accused’s guilt is shown, the presumption of innocence continues until the - Where an accused is charged with a specific crime, he is fully informed not only of such specific
promulgation of final conviction is made crime but also of lessor crimes or offenses included therein
- Failure to file a motion to quash information cannot amount to waiver of the constitutional right
PROSECUTION MUST REST ON ITS OWN MERITS to be informed
- Prosecution must rest on its own merits and must not rely on the weakness of the defense
RIGHT TO COUNSEL OF THE ACCUSED AND OF PERSON ARRESTED, DETAINED OR
EFFECT OF FAILURE TO IDENTIFY THE PERPETRATOR UNDER CUSTODIAL INVESTIGATION; RA 7438
- “trial courts are mandated not to only look at the direct examination of witnesses but to the - Bill of Rights guarantees the right to counsel
totality of the evidence before them. In every case, the court should review, assess and weigh the o Defend in person and by counsel at every stage of the proceedings, from arraignment to
totality of the evidence presented by the parties. It should not confine itself to oral testimony promulgation of judgment
during the trial” (People vs Olivo) - Even if judgment becomes final and executory, it may still be recalled, and the accused afforded
the opportunity to be heard by himself and counsel
FAILURE TO COMPLY WITH POST-SEIZURE PROCEDURES SET BY LAW
- Presumption of regularity in performance of official duty relied upon by the lower court cannot MEANING OF CUSTODIAL INVESTIGATION; EXTENDED MEARNING
by itself overcome the presumption of innocence nor constitute proof of guilt beyond reasonable - Custodial Investigation: where the police investigation is no longer a general inquiry into an
doubt unsolved crime but has begun to focus on a particular suspect taken into custody by the police
- Under the law on Dangerous Drugs Act it is important to follow post seizure procedure to accord who carry out process of interrogation that lends itself to elicit incriminating statements
proof of its authenticity and to show proof that the transaction and sale actually took place - Include the practice of issuing INVITATION to a person who is investigated in connection with
coupled with the presentation in court of evidence of corpus delicit an offense he is suspected to have committed
THE EQUIPOISE RULE RIGHTS OF PERSON UNDER CUSTODIAL INVESTIGATION; CUSTODIAL

- Evidence in a criminal case is evenly balanced, the constitutional presumption of innocence tilts INVESTIGATION REPORT
the scale in favor of the accused - Valid custodial investigation: (RA7438)
1. Report shall be reduced to writing by the investigating officer
RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF ACCUSATION 2. Person does now know how to read or write: shall be read and adequately explain to him by
- Inform accused of the nature and cause accusation, the complaint or information must contain his counsel or by the assisting counsel. Done before the report is signed
o Name and surname of the accused or any appellation or nickname - Absence of a lawyer : NO CUSTODIAL INVETIGATION shall be conducted
39
o Why? To curb the uncivilized practice of extracting confession EXTRAJUDICIAL CONFESSIONS; RIGHTS OF PERSON UNDER CUSTODIAL
- Failure to inform suspect of his rights during CI? INVESTIGATION
o Tainted confession obtained in violation is inadmissible in evidence against the accused - Confession shall be admissible if it is shown that it was obtained within te limits imposed by the
- Participation of lawyer is only to notarize suspect’s confession? constitution
o Not the lawyer considered In legal contemplation - Constitution: Sec 12 Art 3
o Not the legal assistance that should be accorded to the suspect 1. Any person under investigation shall have the right to be informed of his right to remain
- Any lawyer EXCEPT those silent and to have competent and independent counsel
o directly affected by the case, 2. No torture , violence…. Or similar forms of detention are prohibited
o those conducting CI or 3. Confession or admission obtained in violation of Sec 17…. Shall be inadmissible
- Extrajudicial Confessions – must be tested for voluntariness
o those charged with the prosecution of crimes
- Extrajudicial Confession requirement based on jurisprudence and statutory pronouncement
- POLICE LINE UP: not part of CI since accused is not yet being investigated
o Voluntary
- Barangay Chairman : not deemed law enforcement
o Made with assistance if a competent and independent counsel
o Uncounseled statement before the barangay chairman is admissible
o Confession must be express
- Right to counsel applies in certain pre0trial proceedings that can be deemed “critical stages” : PI
o Must be in writing
RIGHT TO CHOOSE A CONSEL IS NOT PLENARY; RIGHT MAY BE WAIVED - Under RA 7438: valid extrajudicial confessions
- NO denial of right if counsel de oficio is appointed during the absence of the accused’s counsel o Writing, signed by the person arrested, detained or under custodial investigation
de parte o Signed in the presence of counsel or In the latter’s absence, upon a valid waiver
- Choice to counsel in a criminal prosecution is not a PLENARY ONE o Valid waiver : must be signed in the presence of parents, elder brother/sister, spouse,
- If counsel of accused deliberately delays the case, then the court may appoint a counsel de oficio municipal mayor, municipal judge, district school supervisor, or priest or minister of
- Counsel ay be waived BUT must be gospel chosen by him
o voluntarily and intelligently made  Waiver of the provisions of Art 125 of the RPC:
o in writing  In writing
o in the presence of the counsel of the accused  Signed by the person arrested, detained, under CI
 Such person must sign the waiver in the presence of his counsel
COMPETENT AND INDEPENDENT COUNSEL
***discussed through cases- read cases**** RIGHT TO SPEEDY TRIAL; SPEEDY DISPOSITION OF CASES
- not a mere presence of lawyer - Guaranteed by Sect 14(2) Art 3 of the Constitution
- means an efficient and decisive legal assistance and not a simple perfunctory representation - One free from vexatious, capricious and oppressive delays, its purpose being to assure an
innocent person may be free from the anxiety and expense of a court litigation, if otherwise, of
RIGHT TO COUNSEL IN ADMINISTRATIVE CASES having his guilt determined within the shortest possible time compatible with the presentation
- assistance of counsel is not indispensable in administrative cases and consideration of whatsoever legitimate defense he may interpose
- Application should be taken based on the facts and circumstances peculiar to each case (case to
- may or may not be counsel
case basis)
- why? Inquiries are conducted merely to determine whether there are facts that merit disciplinary
- Administration of justice is more important that a race to end the trial
measures against erring public officers and employees.
o Purpose: maintaining the dignity of government services - Extends to all cases: administrative and civil
WHEN RIGHT TO SPEEDY DISPOSITION OF CASES IS VIOLATED

- Violated when the proceedings are attended by vexatious, capricious and oppressive delays
40
- Poor health of judges : not an excuse GUIDELINES TO DETERMINE VIOLATION OF THE RIGHT TO SPEEDY TRIAL AND
o Should ask SC for an extension of time SPEEDY DISPOSITION OF CASES; BALANCING TEST
- Designation of a new judge, a heavy workload - not an excuse to delay - Whether or not it has been violated: guidelines
o Should ask for extension 1. Length of delay
- Absence of clerk of court – not affect disposition of cases 2. Reasons for such delay
o Recommend immediate appointment to the SC 3. Assertion or failure to assert such right by the accused
4. Prejudice causes by the delay
PURPOSE OF TIME LIMITS SET BY LAW OR THE RULES; PRINCIPLE OF SPEEDY TRIAL - The right to speedy trial can be determined only on an ad hoc basis
IS A RELATIVE TERM
- GENERAL PRINCIPLE: prescribing the time are considered absolutely indispensable to the APPROACHES TO SPEEDY TRIAL
prevention of needless delays and the orderly and speedy discharge of judicial business. - Rigid Approaches on speedy trial : ways of eliminating some of the uncertainty which courts
- Unwarranted slow down in the disposition of cases erodes the faith and confidence in the experience protecting the right
judiciary 1. FIXED TIME PERIOD – holds the view that the constitution requires a criminal defendant
- Speedy trial is a relative term – involve degree of flexibility to be offered a trial within a specified time period
o Essential is orderly and expeditious not mere speed 2. DEMAN WAIVER RULE – defendant waives any consideration of his right to speedy trial
for any period prior to which he has not demanded trial
- BALANCING TEST: applying societal interest and the rights of the accused necessarily compels
- Our court adopted the MIDDLE GROUND: BALANCING TEST
the court to approach the speedy trial cases on an ad hoc basis
o Conduct of the prosecution and defendant are weighed
REMEDY FOR VIOLATION OF THE RIGHT TO SPEEDY TRIAL o Approach the case on an ad hoc basis
- Dimiss the case on a motion NOLLE PROSEQUE if the accused is ****read cases to further understand concept***
o not brought to trial within the prescribed time and deprived of his right to a speedy trial
THE PRIVILEGE AGAINT SELF-INCRIMINATION
or
o disposition of unreasonable or capricious delay by the prosecution - Privilege is expressed:
1. No person shall be compelled to be a witness against himself (Sec 17 art 3 Constitution)
- dismissal based on a violation to speedy trial is equivalent to an acquittal to double jeopardy even
2. The accused shall be entitled to the following rights… to be exempt from being compelled to
if the dismissal is with the consent of the accused
be a witness against himself (Sec 1 Rule 115 ROC)
o bar further prosecution of the accused
- Purpose? To prevent the state from extracting testimony from suspects that may convict him and
to avoid a person subject to such compulsion to perjure himself for his own protection
FACTORS FOR GRANTING CONTINUANCE
- Court may not extract from defendant’s own lips and against his will an admission of guilt
- Whether to grant a continuance? (Speedy trial Act Sec 11)
- Right against self incrimination is not automatically operation but must be CLAIMED
(a) Whether the failure to grant such a continuance in the proceeding would be likely to
o It may be waived, expressly or impliedly
make a continuation of such proceeding impossible, or result in a miscarriage of justice.
(b) Whether the case taken as a whole is so novel, so unusual and so complex, due to the - Witness receiving subpoena
number of accused or the nature of the prosecution or otherwise, that it is unreasonable to o Obey
expect adequate preparation within the periods of time established by this Act. o Appear as required
- No continuance under subparagraph (f) of Section 10 shall be granted because of general o Take the stand
congestion of the court's calendar, or lack of diligent preparation or failure to obtain available o Sworn
witnesses on the part of the public prosecutor. o Answer questions
o Questions to which may incriminate him for some offenses, that he may refuse to
answer on the strength of the constitutional guaranty
41
- o Securing the signature was to merely authenticate

o It was validly seized since it was part of authentication
THE PRIVILEGE APPLIES ONLY TO NATURAL PERSONS
- Juridical person? No QUESTIONS WHICH THE WITNESS MAY REFUSE TO ANSWER
o Its corporate existence implies amenability to legal powers (subpoena duces tecum) that ***read cases***
can direct corporation to produce books, records and papers in its possession
o Self incrimination cannot be raises by a corporate officer having possession of corporate PRIVILEGE EXTENDS TO LAWYERS ADVISING A WITNESS TO INVOKE THE
documents for his personal benefit PRIVILEGE
- It is a personal right and applying only to natural individuals - Lawyer may not be penalized even though his advice causes the witness to disobey the court’s
order
THE PRIVILEGE PROTECTS A PERSON FROM TESTIMONIAL COMPULSION OR - Witness is advised, the advice becomes an integral part of the protection.
EVIDECE OF A COMMUNICATIVE NATURE
- Protects a person only from testimonial compulsion or a compelled testimony of a PERSONS WHO ARE MERE CUSTODIANS OF DOCUMENTS CANNOT CLAIM PRIVILEGE
COMMUNICATIVE NATURE without however, declaring that the privilege applies only to - Taxpayers does not acquire possession if tax documents.
cases where a testimonial evidence is extracted from the lips of the witness or from a strictly oral - Enforcement of summons did not require or compel the taxpayers to testify against themselves
testimony
- Blood test evidence – admissible since it was not communicative in nature PROCEEDINGS IN WHICH THE PRIVILEGE MAY BE ASSERTED
- Wearing a particular clothing over his protest to facilitate identification by the witness – not - May be asserted:
within the purview of self incrimination (body as evidence when it may be material may be 1. Civil
allowed) 2. Criminal
- Police Line up – not self incriminating 3. Administrative or judicial
- Voice as an identifying physical characteristic is allowed BUT NOT TO SPEK HIS GUILT 4. Investigatory or adjudicatory
- Photography, fingerprinting, measurements, write or speak for identification, to appear in court, - Privilege is a personal privilege: it adheres to the person, not to information that may incriminate
to stand, to assume a stance, to walk, or to make a particular gesture – NOT violative of the right him
against self incrimination
DISCTINCTIONS BETWEEN THE CLAIM OF THE PRIVILEGE BY AN ACCUSED AND BY
FORCE RE-ENACTMENT THE MERE WITNESS
- Evidence based on re- enactment are to violation of the constitution – incompetent evidence Ordinary Witness Accused
Compelled to take the witness stand May altogether refuse to take witness
MEANING OF COMPULSION and claim the privilege as each stand and refuse to answer any and all
- Pressure which operations to overbear his will, disable him from making a free and rational question requiring an incriminating questions
choice, or impair his capacity for rational judgment would be sufficient. answer is shot at him
- Moral coercion – tending to force testimony from the unwilling lips of the defendant
WAIVER OF THE PRIVILEGE
WRITING EXEMPLARS OR SAMPLES - Right against self incrimination - may be waived
- Handwriting exemplars not violation of the right - If he testifies: he may be cross examined on matters covered by the direction examination
- Witness is compelled to write and create by means of the act of writing evidence which DOES - Waiver must be : unequivocal, intelligently , understandably and willingly made
NOT EXIST and which may identify him as falsifier – NOT ALLOWED
- Specimen signature – ALLOWED
42
THE PRIVILEGE WILL NOT APPLY WHEN WITNESS IS GIVEN IMMUNITY FROM o If the wish to ask question, they should submit to the investigation officer questions
PROSECUTION which may be asked to the part or witness concerned
- Government may grant immunity in exchange for a testimony favorable to the prosecution o Adverse party is deprived of the right to cross examine the person who executed the
- Forms of immunity affidavits, said affidavits are generally rejected for being HEARSAY
1. Transactional immunity – total or blanket immunity completely protects the witness from
future prosecution from crimes related to his or her testimony RUGHT TO USE TESTIMONY OF DECEASED WITNESS
2. Use and derivative use – immunity prevents the prosecution only from using the witness’s - May use testimony of deceased, or out of the country or unavailable or otherwise unable to testify
own testimony or any evidence derived from the testimony against the witnesses o Testimony or deposition was given in a former case or proceeding case between the
same parties or representing the same interest
IMMUNITY STATUTES; EXAMPLES o Former case involve th same subject as that in the present case, although different action
***cases*** o Issue testified by the witness is the same issue
o There was an opportunity to cross examine the witness in the former case
THE RIGHT TO DEFEND HIMSELF; RIGHT TO BE HEARD
- Accused is accorded the right to defend himself either in person or by counsel RIGHT TO COMPULSORY PROCESS
- Right to be present at the trial at every stage of the proceedings from arraignment to the - Invoked by the accused to secure the attendance of witnesses and the production of witnesses and
promulgation of the judgment the production of witnesses in his behalf
- Accused has the right to waive his presence – he shall be required to be in trial if his presence is - Issuance of
ordered by the court for purposes of identification 1. Subpoena ad testificandum
- An escape shall deemed to have waive his right to be present 2. Subpoena duces tecum
- Absent during trial after arraignment: case may proceed provided he has been notified and his
failure to appear is unjustified RIGHT TO APPEAL
- Accused filed a motion for leave to file a demurrer to evidence which was granted and later - Right to appeal in the manner prescribed by law
denied, the court should give the accused opportunity to present evidence - Appeal in a criminal case, opens the entire case for review and the appellate court may correct
even unassigned errors
THE RIFHT TO TESTIFY AS A WITNESS - Civil case – unassigned errors will not be considered by the appellate court unless such error
- Right to testify but he may be cross examined on matters covered by the direction examination affects the jurisdiction of the court, the validity of the judgment or the error is closely related to
- Questions asked is limited to matters covered by the direct examination or dependent upon the assigned error properly argued in the brief or errors is simply plain or
clerical
THE RIGHT TO CONFRONT AND CROSS-EXAMINE THE WITESSES AGAINST HIM - Appellate review – assessment is accorded respect if not conclusive
- Basic constitutional right
- Cross examination of a witness is essential to test his or her accuracy and expose falsehoods
o Criminal, civil or administrative is a fundamental right and part of due process
- Personal right which may be waived expressly or impliedly by conduct amounting to
renunciation of the right of cross examination
- Right of confrontation – not apply in PI
- During a Preliminary Investigation, a hearing may be set to clarify facts and issues
o Parties are allowed to be present at the hearing, they have no right to cross examine or
examine the witnesses
43

Criminal Procedure Notes Riano

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CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES

CHAPTER 1: PRELIMINARY CONSIDERATION JURISDICTION OVER THE JURISDICTION OVER

a.Institution: 2. Art 33 CC: Civil Action for damages

 ACTION CANNOT BE INSTITUTED IF:  Filed with the court

o Commanding him to search for personal property described therein and

REQUISITE FOR THE ISSUANCE OF A SEARCH WARRANT

PROBABLE CAUSE IN SEARCH WARRANTS

HOW THE EXAMINATION SHALL BE CONDUCTED BY THE JUDGE

EXCEPTION TO THE SEARCH WARRANT REQUIREMENT

CONSTITUTIONAL BASIS OF THE RIGHT TO BAIL

BAIL IN THE MILITARY

INCREASE OR REDUCTION OF BAIL

BAIL FOR ACCUSED ORIGINALLY RELEASE WITHOUT BAIL

CANCELLATION OF THE BAIL; REMEDY

PRIMA FACIE PRESUMPTION OF GUILT

THE EQUIPOISE RULE RIGHTS OF PERSON UNDER CUSTODIAL INVESTIGATION; CUSTODIAL

WHEN RIGHT TO SPEEDY DISPOSITION OF CASES IS VIOLATED

- o Securing the signature was to merely authenticate

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