CrimPro Riano 2011 Rules 114 To 127 PDF

CRIMINAL PROCEDURE (THE BAR LECTURES SERIES) BY WILLARD B.
RIANO 2011
RULE 114 – BAIL The grant or denial of bail has no impact on the civil liability of
the accused that depends on conviction by final judgment.
MEANING, NATURE, AND PURPOSE OF BAIL
All prisoners whether under preventive detention or serving
Bail is the security given for the release of a person in custody final sentence CANNOT practice their profession nor engage in
of the law, furnished by him or a bondsman, to guarantee his any business or occupation, or hold office, elective or
appearance before any court as required under certain appointive, while in detention.
specified conditions
The presumption of innocence is NOT a reason for the
That the accused shall appear before the proper court detained accused to be allowed to hold office or practice his
whenever required by the court or by the Rules is one of the profession. Such presumption of innocence does not carry with
conditions in all kinds of bail it the full enjoyment of civil and political rights.

A bail application does not only involve the right to the CONSTITUTIONAL BASIS OF THE RIGHT TO BAIL
accused to temporary liberty, but likewise the right of the
State to protect the people and the peace of the community Sec. 13, Article III, 1987 Constitution
from dangerous elements
“All persons, except those charged with offenses
The right to bail is a constitutional right. It is personal in punishable by reclusion perpetua when evidence of
nature and waivable. guilt is strong, shall, before conviction, be bailable by
sufficient sureties, or be released on recognizance as
The right springs from the presumption of innocence accorded may be provided by law. The right to bail shall NOT be
every accused. impaired even when the writ of habeas corpus is
suspended. Excessive bail shall NOT be required.”
Since bail is the security for the release of a person under the
custody of the law, it is not intended to cover the civil liability Section 7 Rule 114:
of the accused. The money may be applied to the payment of
fines and costs while the excess if any shall be returned to the No person charged with a capital offense, or an
accused or to whoever made the deposit. offense punishable by reclusion perpetua, or life
imprisonment, shall be admitted to bail when evidence
of guilt is strong, regardless of the stage of the criminal
ALS2014B ABALA.BERNARDINO.CASTILLO.A CHUA.DEE.FABICO.PALAD.REYES.SALGADO.TORRENUEVA. 1

CRIMINAL PROCEDURE (THE BAR LECTURES SERIES) BY WILLARD B. RIANO 2011
prosecution.” In the Trillanes case, the provision of the
Rules apply, for instance, to rape or even coup d’etat CASE: US GOVT v. PURGANAN
caases since both are punishable by reclusion ISSUE: W/N a person facing extradition is entitled to bail.
perpetua. No distinction is made as to the political HELD: BAIL NOT A MATTER OF RIGHT in extradition cases. The
complexion of or the moral turpitude involved in the court however, did NOT hold that bail NEVER applies.
crime charged.
WHY?
The test is NOT whether the evidence established guilt beyond 1. The use of the word “conviction,” suggests that bail applies
reasonable doubt but rather whether it shows evident guilt or only when a person has been arrested and detained for
a great presumption of guilt. The court is ministerially bound violation of Philippine criminal laws. It does NOT apply to
to decide which circumstances and factors are present which extradition proceedings, because extradition courts do not
would show evident guilt or presumption of guilt. The word render judgments of conviction and acquittal
“strong” does NOT mean “proof beyond reasonable doubt.”
2. The constitutional provision on bail will not apply to a case
If the accused had BEEN SENTENCED to reclusion perpetua, like extradition, where the presumption of innocence is not at
the bail should have been CANCELLED, instead of increasing it. issue.
Where the right to bail exists, it should not be rendered
nugatory by requiring a sum that is excessive, otherwise the 3. Extradition proceedings are NOT criminal in nature but sui
right to bail becomes meaningless. generis, a class in itself. Since it is not a criminal proceeding, it
will not call into operation all the rights of the accused under
BAIL IN THE MILITARY – NOT RECOGNIZED the Bill of Rights and does not involve a determination of guilt
or innocence.
The military is the EXCEPTION to the general rule of bail in the
Bill of Rights. The right to speedy trial is given more emphasis EXCEPTION TO THE “NO BAIL RULE” IN EXTRADITION PROCEEDINGS
in the military where the right to bail does NOT exist. They
cannot say they are discriminated. (Equal treatment of Bail may be applied for and granted as an exception, only
persons similarly situated) upon a clear and convincing showing that:
1. Once granted bail, the applicant will NOT be a flight risk or a
BAIL IN EXTRADITION PROCEEDINGS – NOT A MATTER OF RIGHT (AUTHOR danger to the community and
BELIEVES THAT THE RIGHT TO DUE PROCESS IS BROAD ENOUGH TO INCLUDE 2. That there exist special, humanitarian, and compelling
THIS) circumstances.

The right to bail is NOT a matter of right but a matter of
PURGANAN CASE RE-‐EXAMINED discretion on the part of the Commissioner of Immigration and
Deportation.
CASE: Gov’t of HK v. Olalia (5 years after the US Govt v.
Purganan case) Section 37 of the Phil. Immigration Act
ISSUE: W/N bail applies to extradition cases
HELD: YES (viewed in the light of various treaty obligation of “Any alien under arrest in a
the Philippines concerning respect for the promotion and deportation proceeding MAY be
protection of human rights.) released under bond or under
such conditions as may be
Court pointed out trends which it claims it cannot “ignore” imposed by the Commissioner of
1. The growing importance of the individual person in public Immigration.”
international law
2. Higher value now being given to human rights in the int’l The use of the word MAY in said provision indicates that the
sphere grant of bail is merely permissive and NOT mandatory on the
3. Corresponding duty of countries to observe these universal part of the Commissioner. The exercise of the power is wholly
human rights in fulfilling treaty obligations discretionary.
4. Duty of the court to balance the rights of the individual
under our fundamental law, on one hand, and the law on WHO FURNISHES THE BAIL – APPLICANT HIMSELF OR A BONDSMAN
extradition, on the other.
OBLIGATION AND RIGHT OF THE BONDSMAN; ARREST WITHOUT A
Noting that bail had in the past been GRANTED TO WARRANT (LOOK AT CODAL J )
DEPORTATION PROCEEDINGS, the Court reasoned that if bail
can be granted in deportation cases, it sees no justification The authority of the bondsman to arrest or cause the arrest of
why it should not also be allowed in extradition cases. After the accused springs from the old principle that once the
all, both are administrative proceedings where the innocence obligation of bail is assumed, the bondsman or surety becomes
or guilt of the person detained is not in issue. the jailer of the accused, and is subrogated to all the rights and
means which the gov’t possesses to make his control over him
BAIL IN DEPORTATION PROCEEDINGS – MATTER OF DISCRETION effective.

THE APPLICANT FOR BAIL MUST BE IN CUSTODY

Any person in custody who is NOT yet charged in court may
Bail CANNOT be availed of by someone outside the custody of apply for bail with any court in the province, city, or
the law. A freeman therefore, IS NOT entitled to bail. municipality, where he is held.

The rule considers bail as applicable ONLY to a person “in A person deprived of his liberty by virtue of arrest or voluntary
custody of the law” and does not cover a person who is in the surrender may apply for bail as soon as he is deprived of his
enjoyment of his physical liberty. A FUGITIVE may NOT apply liberty, even before a complaint of information is filed against
for bail unless he gives himself up first so he may be placed him.
under the custody of the law.
A municipal trial court judge has NO authority to grant bail to
A person is said to be in custody if he is arrested by virtue of an accused arrested outside of his territorial jurisdiction.
warrant or even without a warrant or if he voluntarily submits
himself to the jurisdiction of the court as when he surrenders EFFECTS OF FAILURE TO APPEAR IN THE TRIAL (SEC 2(C) OF RULE 114 AND
to the proper authorities. SEC. 23 OF RULE 114)

The accused who is confined in a hospital may be deemed to COURT CANNOT REQUIRE ARRAIGNMENT BEFORE THE GRANT OF BAIL
be in the custody of the law if he clearly communicates his
submission to the court while confined in the hospital. ISSUE: W/N an accused must first be arraigned before he
(physical incapacity and as a matter of humane consideration) may be granted bail
HELD: NO
EXCEPTIONS TO THE RULE THAT THE APPLICANT MUST BE IN CUSTODY OF
THE LAW (IMPT) The grant of bail should NOT be conditioned upon the prior
arraignment of the accused. Bail should be granted before
a. When the bail is required to guarantee that appearance of a arraignment, otherwise the accused will be precluded from
material witness under Sec. 14, Rule 119 filing a motion to quash which is to be done BEFORE
b. When bail is required to guarantee the appearance of a arraignment.
prosecution witness in cases where there is a substitution of
the information To condition the grant of bail on his arraignment would be to
place him in a position where he has to choose between
BAIL FOR THOSE NOT YET CHARGED


1. Filing a motion to quash and thus delay his release until his a. Corporate surety
motion can be resolved because prior to its resolution, he b. Property Bond
cannot be arraigned c. Cash deposit
2. Foregoing the filing of a motion to quash so that he can be d. Recognizance
arraigned at once and thereafter be released on bail
NOTE: These scenarios undermines the accused’s right not to Deposit must be made with the persons enumerated in the
be put on trial except upon a valid complaint and information rule (only the collector if internal revenue, city, provincial,
sufficient to charge him with a crime and his right to bail. municipal treasurer is authorized) A JUDGE IS NOT ONE of
those authorized to receive a deposit of cash bail; nor should
ISSUE: W/N a motion to quash may be filed during the such cash be kept in the judge’s office, much less in his
pendency of a petition for bail residence.
HELD: YES
RELEASE ON RECOGNIZANCE MAY BE ORDERED BY THE COURT IN THE FF
No such inconsistency exists between an application of an CASES:
accused for bail and the filing of a motion to quash.
a. When the offense charged is for violation of an ordinance, a
The purpose of bail is to obtain the provisional liberty of a light felony, or a criminal offense, the imposable penalty of
person charged with an offense until conviction while at the which does not excess 6 months imprisonment and/or P2000
same time securing his appearance at the trial. On the other fine, under R.A. No. 6036
hand, a motion to quash an information is the mode by which
an accused assails the validity of a criminal complaint or b. Where a person has been in custody for a period equal to or
information. An accused may file a motion to quash the more than the minimum of the imposable principal penalty,
Information, as a general rule, before arraignment. without application of the Indeterminate sentence Law or any
modifying circumstance, in which case, the court in its
If a motion to quash a criminal complaint or information on discretion, may allow his release on HIS OWN recognizance, or
the ground that same does not charge any offense is granted on a reduced bail, at the discretion of the court.
and the case is dismissed and the accused is ordered released,
the petition for bail may become moot and academic. c. In case of a youthful offender held for physical and mental
examination, trial, or appeal, if he is unable to furnish bail (PD
FORMS OF BAIL (READ CODAL SEC 10-‐15) 603)
Bail may be given in the ff forms:

d. In summary procedure, when the accused has been • Upon order of the court; or
arrested for failure to appear when required. His release shall • When he is admitted to bail
be either on bail or on recognizance by a responsible citizen
acceptable to the court. WHEN BAIL IS NOT REQUIRED (SEC. 16 RULE 114)

GUIDELINES IN FIXING THE AMOUNT OF BAIL (SEC. 9) Not required when the law or the Rules of Court so provide

In fixing bail, the amount should be high enough to assure the In the following cases, bail is not required prior to the release
presence of the accused when such presence is required but of the person in custody:
no higher than is reasonably calculated to fulfil this purpose.
• Released immediately (without prejudice to the
The existence of a high degree of probability that the continuation of the trial or the proceedings on apeal) -‐
defendant will abscond confers upon the court no greater A person has been in custody for a period equal to or
discretion than to INCREASE the bond to such amount as more than the possible maximum imprisonment
would reasonably tend to assure the presence of the prescribed for the offense charged
defendant when it is wanted, such amount to be subject, of
course, to the provision that excessive bail shall not be • Released after 30 days of preventive imprisonment – If
required. the maximum penalty to which the accused may be
sentenced is destierro
DURATION OF THE BAIL (SEC. 2(A) RULE 114)
Judge may issue summons instead of warrant of arrest. Since
The bail bond posted by an accused can only be used during no arrest is made, bail is not required
the 15-‐day period to appeal and NOT during the entire period • Cases filed with the MTC or MunTC for an offense
of appeal. For the accused to continue his provisional liberty punishable by an offense punishable by an
on the SAME bail bond, consent of the bondsman is necessary. imprisonment of less than 4 years, 2 months and 1 day
• Judge is satisfied that there is no necessity for placing
NO RELEASE OR TRANSFER OF PERSON IN CUSTODY; EXCEPTIONS (SEC. 3 the accused under custody
RULE 114)
Under Sec 1 of RA 6036
No person under detention by legal process shall be released • If a person is charged with violation of a municiapl or
or transferrred except: city ordinance

• A light felony and/or a criminal offense – penalty of
which is not higher than 6 months improsenment and WHEN BAIL IS NOT ALLOWED
or a fine of 2000 Pesos or both where it is estblished
that he is unable to post the required cash or bail bond When evidence of guilt is STRONG regardless of the stage of
• EXCEPTIONS the criminal prosecution -‐ Person charged with
o In flagrante • a capital offense or
o Confess to the commission of the offense • an offense punishable by reclusion perpetua or life
(unles confession is later repudiated by him in a imprisonment
sworn statement or in open court as having
been extracted through force or intimidation) After a judgement of convition has become final
o Previously escaped from legal confinement, • Exception: if before finality of the judgement the
evaded sentence or jumped bail accused applies for propbation – he may be allowed
o Previously violated the provisions of Sec 2 of temporary liberty under his bail
the law – (instead of bail – person charged with • No bail was filed or the accused is incapable of filing
any offesne contemplated by S1 hereof shall be one – court may allowhis release on recognizance to
required to sign in the presence of 2 witnesses the custody of a responsible member of the
of good standing a community a sworn community
statement binding himself, pending final
decision of his case, to report to the clerk of the After the accused has commenced to serve sentence
Court hearing his case periodically every 2
weeks – more of this at page 335)
o Recidivist or a habitual delinquent or has been
previously convited for an offesne to which the
law or ordinance attaches an equal or greater
penalty or for 2 or more offesnes to which it
attaches a lighter fpenalty
o Commits the offesne while on parole or under
conditional pardon
o Accused has previously been pardoned by the
municiapl or city mayor for violation of mjncipal
or city ordinance for a tleast 2 times

WHEN BAIL IS A MATTER OF RIGHT
Certiorari – where the trial court committed a grave abuse of
General Rule: All persons in custody shall be admitted to bail its discretion amounting to access or lack of jurisdiction in
as a matter of right. Applies to the ff situations: issuing the said order
• Before conviction by the MTC, MunTC, MunTC in
Cities, Municipal Circuit Trial Court WHEN BAIL IS A MATTER OF DISCRETION
• After conviction by the courts mentioned above
• Before conviction by the RTC of an affoense NOT Matter of RIGHT: Before conviction by the RTC of an offense
punishable by death, reclusion perpetua or life not punishable by death, reclusion perpetua or life of
imprisonment imprisionment.

Punishable by Prision Correccional BUT: when the accused has been convicted in the RTC of an
offense not punishable by death, reclusion perpetua or life
Judge is to fix a higher amount of bail and not to cancel the imprisionment, the admission to bail becomes discretionary.
same -‐ Exisence of a high degree of probability that the Applies whether bail is a mtter of right or a matter of
defendant will abscond confers upon the court no greater discretion: A hearing must be conducted whether or not the
discretion than to increase the bond to such an amount as prosecution refuses to present evidence and the prosecutor
would reasonably tend to assure the presence of the must be notified to require him to submit his
defendant when it is wanted recommendation.

NOT a matter of right – Section 7 Rule 114 (evidence of guilt is If accused is sentenced to suffer reclusion perpetua his
strong); sound discretion of the court; prosecution has the conviction clearly imports that the evidence of guilt is strong.
burden of showing that evidence of guilt is strong Bail must not then be granted tot the accused during the
• Court should first conduct a hearing, whether pendency of his appeal from the judgement of conviction.
summary or otherwise in the discretion of the court to
determine the existence of strong evidence or the lack Misconception: when an accused is acharged with the crime
of it of murder – not entitled to bail at all or that the crime of
• In a bail hearing, the court does not sit to try the murder is non-‐bailable.
merits of the case

REMEDY WHEN BAIL IS DENIED

Accused is still entitled to bailbut no longer as a matter of Bail denied: if the penalty imposed is death reclusion perpetua
right. Calls for a judicial determination that the evidence of or life imprisonment since the conviction indicates strong
guilt is not strong in order to grant bail. evidence of guilt based on proof beyond reasonable doubt

WHERE APPLICATION FOR BAIL IS TO BE FILED WHEN BAIL IS A MATTER OF But if merely imprisonment exceeding 6 years – Shall be
DISCRETION AND AFTER CONVICTION BY THE RTC denied bail, or his bail already allowed shall be cancelled IF the
prosecution shows the following or other similar
Trial Court circumstances
• Even if a notice of appeal has already been filed • Recidivist or a quasi-‐recidivist, a habitual delinquent or
provided that the trial court has not yet transmited the has committed the crime aggravated by the
original record to the appellate court circumstances of reiteration;
• Consistent with Sec 6 of Rule 120 (The court • Previously escaped from legal confinement, evaded
promulgating the judgment shall have authority to sentence or violated the conditions of his bail without
accept the notice of appeal and to approve the bail justification
bond pending appeal) • Accused committed the offense while under probation,
Appellate Court parole or conditional pardon
• If the original record has already been transmitted to • Circumstances of his case indicate the probability of
the appllate court flight if released on bail
• If the decision of the RTC convicting the accused • Undue risk that he may commit another crime during
changed the nature of the offense from non-‐bailable to the pendency of the appeal
bailable
Court is not authorized to deny or cancel the bail exparte -‐-‐-‐
If the application for bail is granted, the accused may be rule requires NOTICE TO THE ACCUSED
allowed to continue on provisional liberty during the
pendency of the appeal under the same bail. However, subject Resolution of the RTCC denying or cancelling the bail – may be
to the consent of the bondsman. reviewed by the appellate court mot propio or on motion of
any party after notice to the adverse party in either case
WHEN APPLICATION FOR BAIL AFTER CONVICTION BY THE RTC SHALL BE
DENIED BAIL PENDING APPEAL


The discretionary nature of the grant of bail pending appeal Inexcusable non-‐appearance: also showed the probability that
does not mean that bail should automatically be granted he might flee or commit another crime while released on bail
absent any of the circumstances mentioned in the 3rd
paragraph of Sec 5 Rule 114 HEARING OF APPLICATION FOR BAIL IN OFFENSES PUNISHABLE BY
• 1st scenario: DEATH, RECLUSION PERPETUA, OR LIFE IMPRISONMENT; BURDEN OF
o deals with circumstances enumerated in the PROOF IN BAIL APPLICATION
said pargraph not being present
o bail is a matter of sound judicial discretion To be conducted when a person is in custody for the
appellate court has the discretion to gant or commission of an offesnse punishable by death, reclusion
denay bail perpetua, or life imprisonment. Prosecution has the burden of
o an application for bail pending appeal may be showing that evidence of guilt is stron. Not a matter of right
denied even if the bail-‐negating circumstances
in the 3rd paragraph of Section 5 are absent To enable the judge to make an intelligent assessment of the
• 2nd scenario evidence presented by the parties
o contemplates the existence of at least one of
the said circumstances Whether summary or otherwise
o appellate court exercises a more stringent
discretion to carefully acertain whether any of Summary Hearing
the enumerated circumstances in fact exists • such brief and speedy method of receiving and
o a finding that none of the said circumstances is considering the evidence of guilt as is practicable and
present will not automatically result in the consistent with the purpose of hearing which is merely
grant of bail – will simply authroize the court to to determine the weight of evidence for the purposes
use the less stringent sound discretion of bail.
approach • Court does not sit to try the merits or to enter into any
nice inquiry as to the wight that ought to be allowed to
Appellant has no right to be freed on bail pending his appeal the evidence for or aginst the accused, nor will it
from the trial court’s judgement where his conviction carries a speculate on the outcome of the rial or on what
penalty of imprisonment exceeding 6 years and there is a further evidence may be therein offered andadmitted
justification for the cancellation of his bail pursuant to the • Course of inquirty – may be left to the discretion of the
third paragraph of Section 5 (b) (d) and (e) of Rule 114 court which may confine itself to receiving such
evidence as has reference to substantial matters

avoiding unnecessary examination and cross Mandatory duty to conduct a hearing desipite the
examination prosecution’s refusal to adduce evidence in ooppossition to
the application to grant and fix bail or when the prosecution
Prosecution is equally entitled to due process. chooses to just file a comment.

To determine the amount of bail based on the guidelines set Does not relieve the judge of the duty to set the motion for
forth in Sec. 6, Rule 114. Without the required hearing, the bail for hearing – the fact that the prosecutor interposed no
bail which may be granted to the accused would be arbitrary objection to the application for bail by the accused.
and without basis.
DUTIES OF THE TRIAL JUDGE IN A PETITION FOR BAIL IN OFFENSES
Plainly indispensable before a judge can determine whether PUNISHABLE BY RECLUSION PERPETUA, LIFE IMPRISIONMENT OR DEATH
the evidence for the prosecution is strong.
• Notify the prosecutor of the hearing of the application
The absence of objectionf rom the prosecution is never a basis for bail or require him to submit his recommendation
for the grant of bail in such cases. • Conduct a hearing of the application for bail regardless
of whether or not the prosecution refuses to present
Judge has no right to presume that the prosecutor knows evidence to show that the guilt of the accused is strong
what he is doing on account of familiarity with the case fo the purpose of enabling the court to exercise its
because it has the effect of ceding to the prosecutor the duty sound discretion;
of exercising judicial discretion to dtermine whether the guilt • Decide whether the evidence of guilt of the accused is
of the accused is strong. strong based on the summary of evidence of the
prosuection
The duty to exercise discretionis not reposed upon the • If stron – discharge the accused upon the approval of
prosecutor because judicial discretion is the domain of the the bail bond. Otherwise, petition should be denied.
judge.
Mandatory in order to give the prosecution reasonable Absense will invalidate the grant or the denial of the
opportunity to oppose the application by proving that applciation for bail -‐ Court’s grant or refusal of bail must
evidence of guilt is strong. contain a summary of the evidence for the prosecution on the
basis of which should be formulated the judge’s own
Narciso v. Santa Romana Cruz: page 344 – 345 conclusion on whether such evidence is strong enough to
indicate the guilt of the accused.

• Penalty of life imprisonment – law violated does not
Even if the capital offesne charged is bailable (weak evidence) make use of the nomenclature of the penalties of the
0 right to bail may justifiably wstill be denied if the probability RPC
of escape is great
EFFECT OF RA 9346 ON THE GRADUATION OF PENALTIES
A grant of bail does not prevent the trier of facts from making
a final assessment of the evidence after full trial on merits. People v. Bon
Cond
Sentence of reclusion temporal imposed on the accused
EVIDENCE IN BAIL HEARING ARE AUTOMATICALLY REPRODUCED AT THE appllant by the CA for the 2 counts of attempted qualified
TRIAL rape committed against a minor by relative mentioned in the
law. The sentence was prescribed by the appllate court prior
However, any withness during the bail hearing may, upon tot the enactment of RA NO. 9346 which ended the imposition
motion of either party, be recalled by the court for additional of the death penalty in the Philippines
examination except if such witness is dead, outside the
Philippines or otherwise unable to testify. W/N his penalty for attempted qualified rape, which under
the penal law should be 2 degrees lower than that of
CAPITAL OFFENSES conummated qualified rape, should be computed from death
or reclusion perpetua
May be punished with death -‐ An offense which under the law
existing at the time of its commission and of the application W/N RA No. 9346 intended to delete the word death as
for admission to bail expressly provided for in the graduated scale of penalties
under Article 71
Capital Nature – determined by the penalty prescribed by law
and not the penalty to be actually imposed Court ruled in the affirmative and found RA No. 9346
unequivocally bar the application of the death penalty, as well
Imposition of death penalty – now prohibited (RA 9346) . In as to expressly repeal all such statutory provisions requiring
lieu of the death penalty: the application of the death penalty. Such effect necessarily
• Penalty of reclusion perpetua, when the law violated extends to its relevance to the graduated scale of penalties
makes use of the nomenclature of the pnalties of the under Article 71. It cannot find basis to conclue that RA 9346
RPC

inteded to retain the operative effects of the death penalty in proceedings a strong showing of guilt appears to the court. If
the graduation of the other penalties in our laws. he does not give baile he may be committed into custody

The determination of his penalty shall be reckoned not from 2 FORFEITURE OF BAIL
degrees lower than death but 2 degrees lower than reclusion
perpetua. Hence, the maximum term of his penalty shall no If accused fails to appear in person as required by the court or
longer be reclusion temporal but instead prison mayor by the Rules. Bondsmen shall be given 30 days within which to
produce their principal and to show cause why no judgement
The debarring of the death penalty through RA No. 8346 did should be rendered against them for the amount of bail.
not correspondingly declassify those crimes previously
catalogued as henious. Bondsmen must, within the period: -‐ failing in these 2, a
judgment shall be rendered against the bondsmen, jointly and
The amendatory effects extend only to the application of the severally, for the amount of the bail.
death penalty but not to the definition or classfication of • Produce the body of their principal or give the reasons
crimes. for his non-‐production; and
• Explain why the accused did not appear.
RA No. 9346 does not serve as basis for the reduction of civil
indeminity and other damages that adhere to heinous crimes. If Bondsmen move for the mitigation of their liability – Court is
required not to reduce or otherwise mitigate the liability of
the bondsmen, unless the accused has been surrendered or is
INCREASE OR REDUCTION OF BAIL acquitted.

Even after accused is admitted to bail Judgement against the bondsmen cannot be entered unless
such judgment is precded by an order of forfeiture and an
Increased amount must be givien within a reasonable period if opportunity given to the bondsmen to produce the accused or
the accused wants to avoid being taken iinto custody to adduce satisfactory reason for their inability to do so.
(different from the judgement on the bond which is issued if
BAIL FOR ACCUSED ORIGINALLY RELEASED WITHOUT BAIL the accused was not produced within the 30 period)

He may later be required to give bail in the amount fixed by CANCELLATION OF THE BAIL; REMEDY
the court wheenver at any subsequent stage of the

Cancellation by application of the bondsmen – with due notice Shall not bar him from assailing the regularity or questioning
to the prosecutor the absence of a preliminary investigation of the charge
• Upon surrender of the accused against him
• Proof of his death
Automatic cancellation Provided: He raises them before entering his plea
• Acquittal of the accused
• Dismissal of the case Court shall resolve the matter as early as practibale – BUT NOT
• Execution of the judgement of conviction later than the start of the trial of the case

Sec 5 of Rule 114 Curative in nature
• Where the penalty imposed by the trial court is • Designed to curb evils in procedural rules
imprisonment exceeding 6 years if any of the grounds • Intended to modify previous rulings that an application
in the said section is present as when circumstances for bail or the admission to bail by the accused shall be
indicate the probability of flight considered as a waiver of his right to assail the warrant
• Authorizes the appellate court to motu proprio or on issued for his arrest on the legalities or irregularities
motion of any party review the resolution of the RTC thereon
after notice to the adverse party in eaither case
• Remedy against this: filing with the CA a motion to
review the said order. Filing of a separate peition via a The principle that the accused is precluded from questioning
special civil action for certiorari before the appellate the legality of the arrest after arraignment is true only if he
court is proscribed and contravenes the rule against voluntarily enters his plea and participates during trial,
multiplicity of suits and constitutes forum shopping without previously invoking his objections thereto.

APPLICATION FOR OR ADMISSION TO BAIL NOT A BAR TO OBJECTIONS
ON ILLEGAL ARREST, LACK OF OR IRREGULAR PRELIMINARY Rule 115: Rights of the Accused
INVESTIGATION
RIGHTS OF THE ACCUSED AT THE TRIAL (SEC. 1)
Shall not bar him from challenging both the validity of his 1. To be presumed innocent until the contrary is proven
arrest or the legality of the warrant issued therefore beyond reasonable doubt.
2. To be informed of the nature and cause of the
accusation against him.

3. To be present and defend in person and by counsel at challenged by evidence cannot be regarded as binding
every stage of the proceedings, from arraignment to truth.
promulgation of judgment.
§ Accused: may waive his presence at the trial PRIMA FACIE PRESUMPTIONS OF GUILT
pursuant to the stipulations set forth in his bail, § The legislature has the power to provide that proof of
unless his presence is specifically ordered by the certain facts can constitute prima facie evidence of the
court for purposes of identification. guilt of the accused and then shift the burden of proof
§ Absence of accused without just cause = waiver. to the accused provided there is a rational connection
4. To testify as a witness in his own behalf but subject to between the facts proved and the ultimate fact
cross-‐examination on matters covered by direct presumed.
examination. § The presumption must be based on facts and these
§ His silence shall not prejudice him. facts must be part of the crime when committed.
5. To be exempt from being compelled to be a witness § At no instance can the accused be denied the right to
against himself. rebut the presumption.
6. To confront and cross-‐examine the witnesses against
him at the trial. QUANTUM OF EVIDENCE: PROOF BEYOND REASONABLE DOUBT
7. To have compulsory process issued to secure the § DEFN: That doubt engendered by an investigation of
attendance of witnesses and production of other the whole proof and an inability after such
evidence in his behalf. investigation to let the mind rest each upon the
8. To have speedy, impartial, and public trial. certainty of guilt.
9. To appeal in all cases allowed and in the manner § Moral certainty only is required, or that degree of
prescribed by law. proof which produces conviction in an unprejudiced
mind.
PRESUMPTION OF INNOCENCE § Before an accused is convicted, his guilt must be
§ Constitutional origin (Sec. 14(2) of Art. III) proven beyond reasonable doubt.
§ An accused is to be presumed innocent until his guilt is § Presumption on innocence ends when it is overcome in
proven beyond reasonable doubt. a final conviction.
§ This presumption prevails over presumption of § Without proof beyond reasonable doubt, the accused
regularity of the performance of official duty. is entitled to an acquittal.
§ Presumption of regularity: a mere presumption § The burden of proof lies with the Prosecution. The
disputable by contrary proof and which when Prosecution must rest on the strength of its own

evidence and must not rely on the weakness of the § The failure to comply with the procedure raises doubt
defense. as to its origin.
§ The constitutional presumption of innocence can be § While the drugs may be admitted as evidence, it does
accorded to the accused only in the absence of not necessarily follow that the same should be given
evidence to prove his guilt beyond reasonable doubt. evidentiary weight if the procedures were not
§ The existence of a presumption indicating the guilt of complied with.
an accused does not in itself destroy the constitutional § The admissibility od evidence depends on it relevance
presumption of innocence unless the inculpating and competence while the weight of evidence pertains
presumption, together with all the evidence, or the to evidence already admitted and its tendency to
lack of any evidence or explanation, proves that convince and persuade.
accused’s guilt beyond reasonable doubt. Until the
accused’s guilt is shown in this manner, the THE EQUIPOISE RULE
presumption of innocence continues and until a § The court is faced with conflicting versions of the
promulgation of final conviction is made, this prosecution and the defense and where the evidence,
constitutional mandate prevails. facts and circumstances are capable of two or more
explanations, one of which is consistent with the
PROSECUTION MUST REST ON ITS OWN MERITS innocence of the accused and the other is consistent
§ If the prosecution fails to meet the required quantum with his guilt.
of evidence, the defense may logically not even § Where the evidence in a criminal case us evenly
present evidence on its own behalf. balanced, the constitutional presumption of innocence
§ Once the presumption of innocence is overcome, the tilts the scales in favor of the accused.
defense bears the burden of evidence to show § No equipoise rule if the evidence is not evenly
reasonable doubt as to the guilt of the accused. balanced.

EFFECT OF FAILURE TO IDENTIFY THE PERPETRATOR RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF ACCUSATION
§ Trial courts are mandated to look at the direct § The complaint/ information must comply with the
examination of witnesses and the totality of evidence requirements under Rule 110.
before them. § The purpose of the information is to inform the
accused of the nature and cause of the accusation
FAILURE TO COMPLY WITH POST-‐SEIZURE PROCEDURES SET BY LAW against him or the charge against him so as to enable
him to prepare a suitable defense.

§ An example of denial of the rights of the accused to be
informed of the charges against him/ denial of due RIGHT TO COUNSEL OF THE ACCUSED AND OF PERSONS ARRESTED,
process: DETAINED OR UNDER CUSTODIAL INVESTIGATION: RA 7483
Ø He is charged with simple rape and convicted of its § In criminal cases, the right of an accused person to be
qualified form punishable by death although the assisted by a member of the bar is immutable.
attendant circumstances qualifying the offense Otherwise, there would be a grave denial of due
and resulting in capital punishment were not set process.
forth in the indictment on which he was arraigned. § Every person under custody of the law enjoys the right.
§ An accused may not be convicted of violation of BP22 § RA 7483: “Any persons arrested, detained or under
if the check described in the information is not the custodial investigation shall at all times be assisted by
check allegedly issued and admitted in evidence. counsel.”
§ In implementing the right of the accused to be
informed of the nature and cause of accusation against MEANING OF CUSTODIAL INVESTIGATION; EXTENDED MEANING
him, the ROC specifically require that the acts or § The stage where the police investigation is no longer a
omissions complained of as constituting the offense, general inquiry into an unsolved crime but has begun
including the qualifying and aggravating to focus on a particular suspect taken into custody by
circumstances must be stated in ordinary and concise the police who carry out a process of interrogation
language – in terms sufficient to enable a persons of that lends itself to elicit incriminating statements.
common understanding to know what offense is being § RA 7483 has extended the constitutional guarantee to
charged. situations in which an individual has not been formally
§ A minor variance between the information and the arrested but has merely been invited for questioning.
evidence does not alter the nature of the offense, nor Ø “Custodial investigation shall include the practice
does it determine of qualify the crime of penalty, so of issuing an invitation to a persons who is
that even if a discrepancy exists, this cannot be investigated in connection with an offense he is
pleaded as a ground for acquittal. suspected to have committed”. (Sec. 2 of RA 7483)
§ If an accused is charged with a specific crime, he is duly
informed not only of such specific crime, but also of RIGHTS OF PERSONS UNDER CUSTODIAL INVESTIGATION; CUSTODIAL
lesser crimes or offenses included therein. INVESTIGATION REPORT
§ Failure to file a motion to quash the information § Requisites for a valid custodial investigation report:
cannot amount to a waiver of the constitutional right 1. In writing by the investigating officer
to be informed.

2. If the person arrested or detained does not know § Mere inquiry of the commission of a crime by law
how to read or write, it shall be read and enforcement authorities does not automatically trigger
adequately explained to him by his counsel or by the application of the right to counsel.
the assisting counsel in the language or dialect § A police line-‐up is not part of custodial inquest since
known to him. This is to be done before the report the accused is not yet being investigated. The right to
is signed. If this procedure is not done, the counsel does not yet attach.
investigation report shall be null and void and of § A suspect’s uncounselled statement before the
no effect whatsoever. barangay chairman is admissible.
§ In the absence of any lawyer, no custodial investigation
shall be conducted and the suspected persons can only RIGHT TO CHOOSE A COUNSEL IS NOT PLENARY; RIGHT MAY BE WAIVED
be detained by the investigating officer in accordance § If the chosen counsel deliberately makes himself
with Art. 125 of the RPC. scarce, the court is not precluded from appointing a de
§ A counsel shall at all times be allowed to confer oficio counsel, which it considers competent and
privately with the persons arrested, detained or under independent, to enable the trial to proceed until the
custodial investigation. (Purpose: to curb the counsel of choice enters his appearance.
uncivilized practice of extracting a confession) § The right to counsel may be waived but to insure that
§ “To be informed”: obligation on the part of the police the waiver is voluntary and intelligent, the waiver must
investigator to explain; effective communication that be in writing and in the presence of the counsel of the
results in an understanding of what is conveyed. accused.
§ The suspect must also be advised that he has the
option to reject the counsel provided for him by the COMPETENT AND INDEPENDENT COUNSEL
police authorities. § Competent Counsel: able to advice and assist his client
§ The counsel must be competent and independent and from the time the confessant answers the first
preferably the choice of the persons arrested, detained question asked by the investigating officer until the
of under custodial investigation. signing of the extrajudicial confession. The lawyer
§ The counsel provided by the investigating officer is should ascertain that the confession is made
“any lawyer, except those directly affected by the case, voluntarily and that the person under investigation
those charged with conducting preliminary fully understands the nature and consequence of his
investigation, or those charged with the prosecution of extrajudicial confession in relation to his constitutional
crimes”. rights.

§ The accused is entitled to effective, vigilant and § A confession is admissible in evidence if it is
independent counsel. satisfactorily shown to have been obtained within the
§ Where the prosecution failed to discharge the State’s limits imposed by the 1987 Constitution.
burden of proving with clear and convincing evidence § It must be tested for voluntariness, that is, if it was
that the accused had enjoyed effective and vigilant given freely by the confessant without any form of
counsel before he extrajudicially admitted his guilt, the coercion or inducement.
extrajudicial confession cannot be given any probative § The voluntariness of a confession may be inferred from
value/ is inadmissible in evidence. its language such that if, upon its face, the confession
§ This right assumes an active involvement by the exhibits no suspicious circumstances tending to cast
lawyer in the proceedings, particularly at the trial of doubt upon its integrity, it being replete with details –
the case. which could only be supplied by the accused –
§ It means an efficient and truly decisive legal assistance reflecting spontaneity and coherence, it may be
and not a simple perfunctory representation. considered voluntary.
§ The practice of inducing suspects to sign receipts for
RIGHT TO COUNSEL IN ADMINISTRATIVE CASES property allegedly confiscated from their possession is
§ Assistance of counsel is not indispensable in unusual and violative of the constitutional right to
administrative proceedings. remain silent – inadmissible in evidence.
§ A party in an administrative inquiry may or may not be § Requisites of a valid extrajudicial confessions:
assisted by counsel, irrespective of the nature of the 1. In writing and signed by the persons arrested,
charges and of respondent’s capacity to represent detained or under custodial investigation
himself, and no duty rests on such body to furnish the 2. Signed in the presence of his counsel or in the
person being investigated with counsel. latter’s absence, upon a valid waiver.
§ Administrative investigations are conducted merely to 3. In the event of a valid waiver, it must be signed in
determine whether there are facts that merit the presence of any of the parents, elder brothers
disciplinary measures against erring public officers and and sisters, his spouse, the municipal mayor, the
employees, with the purpose of maintaining the municipal judge, district school supervisor or priest
dignity of government service. or minister of the gospel as chosen by him.
§ Waiver of the provisions of Art. 125 of the RPC must
EXTRAJUDICIAL CONFESSIONS; RIGHTS OF PERSONS UNDER CUSTODIAL be:
INVESTIGATION 1. In writing

2. Made by the persons arrested, detained or under compatible with the presentation and consideration of
custodial investigation whatsoever legitimate defense he may interpose.”
3. That persons must sign the waiver in the presence § Due regard must be given to the facts and
of his counsel. circumstances surrounding each case.
§ Admissions under custodial investigation made § Speed is not the chief objective of the trial. Careful
without the assistance of counsel are barred as and deliberate consideration for the administration of
evidence. justice is more important that a race to end the trial.
§ An extrajudicial confession, to be admissible, must § Justice shall be impartially administered without
conform to the following requisites: [VA-‐EW] unnecessary delay.
1. The confession must be voluntary
2. The confessions must be made with the assistance WHEN RIGHT TO SPEEDY DISPOSITION OF CASES IS VIOLATED.
of a competent and independent counsel, § When attended by vexatious, capricious and
preferably of the confessant’s choice oppressive delays, or when unjustified postponements
3. The confession must be express of the trial are asked for and secured, or when without
4. The confession must be in writing. cause of justifiable motive, a long period of time is
§ An extrajudicial confession made by the accused shall allowed to elapse without the party having his case
not be sufficient ground for conviction unless tried.
corroborated by evidence of corpus delicti. § Inordinate delay in terminating the preliminary
§ The accused will not be entitled to an acquittal if his investigation of an accused violates his constitutional
conviction was not based on the evidence obtained right to due process.
during such custodial investigation. § A judge’s illness should not be an excuse for his failure
§ Extrajudicial confession before the bantay-‐bayan to render the corresponding decision or resolution
requires that it be made in the presence of a lawyer. within the prescribed period. In case of poor health,
the judge concerned needs only ask the SC for an
RIGHT TO SPEEDY TRIAL; SPEEDY DISPOSITION OF CASES extension of time to decide cases, as soon as it
§ “One free from vexatious, capricious and oppressive becomes clear to him that there would be a delay in
delays, its purpose being to assure that an innocent his disposition of cases.
persons may be free from the anxiety and expense of a § A heavy workload due to additional work, as acting
court litigation or, if otherwise, of having his guilt presiding judge in other courts, is not sufficient
determined within the shortest possible time justification for the delay because judges are allowed,

upon motion or letter-‐request, extensions of the within the prescribed time and is deprived of his right
reglementary period in deciding cases. to a speedy trial on account of unreasonable or
§ The absence of a branch clerk should not affect the capricious delay by the prosecution.
prompt disposition of case. Even the non-‐submission • Dismissal based on a violation of right to speedy trial is
of the transcript of stenographic notes would not equivalent to an acquittal and double jeopardy may
relieve judges of their duty to render a decision within attach.
the required period.
§ Defects in the motion are not reasons for a judge not SPEEDY TRIAL ACT OF 1998
to act on the same. Pertinent provisions: Section 6, 7, 8, 9, 10, 11

PURPOSE OF TIME LIMITS SET BY LAW OR THE RULES; PRINCIPLE OF SPEEDY GUIDELINES TO DETERMINE VIOLATION OF THE RIGHT TO SPEEDY
TRIAL IS A RELATIVE TERM DISPOSITION OF CASES; BALANCING TEST
• As a general principle, rules prescribing the time within Guidelines in determining whether or not the right to the
which certain acts must be done are considered speedy disposition of cases has been violated:
absolutely indispensable to the prevention of needless 1. The length of delay
delays. 2. The reasons for such delay
• Failure to resolve cases within the period fixed by law 3. The assertion or failure to assert such right by the
constitutes a serious violation of the Constitution. accused; and
• Gross inefficiency warrants imposition of 4. The prejudice caused by the delay
administrative sanctions.
• In spite of the prescribed time limits, the principle of Balancing test: conduct of both the prosecution and
“speedy trial” is a relative term and involves a degree defendant are weighed. The test necessarily compels courts to
of flexibility. The essential ingredient is ORDERLY, approach speedy trial cases on an ad hoc basis where courts
EXPEDITIOUS and not mere speed. should assess and identify certain factors which courts should
• Justifiable delays when so warranted by the situation, assess in determining whether a particular defendant has
are allowed. been deprived of his right such as the length of delay, the
reason for the delay, the defendant’s assertion of his right,
REMEDY FOR A VIOLATION OF THE RIGHT TO SPEEDY TRIAL OR DISPOSITION and prejudice to the defendant.
OF CASES
• Trial court may dismiss a criminal case on a motion
nolle prosequi if the accused is not brought to trial

• -‐Until there is some delay that is presumptively books, and papers in its possession when they may be
prejudicial, there is no necessity for inquiry into the properly required in the administration of justice. An
other factors that go into the balance. individual may not invoke the privilege to refuse to
produce corporate records when the subpoena is
THE PRIVILEGE AGAINST SELF-‐INCRIMINATION directed to the corporation.
• The privilege is expressed in the Constitution and in
the Rules of Court THE PRIVILEGE PROTECTS A PERSON FROM TESTIMONIAL COMPULSION OR
• Protection against the coercive powers of the State EVIDENCE OF A COMMUNICATIVE NATURE
• The right against self-‐incrimination is not self-‐executing • Privilege against self-‐incrimination protects a person
or automatically operational. It must be claimed. If not only from testimonial compulsion or a compelled
claimed by or in behalf of the witness, the protection testimony of a communicative nature without
does not come into play. however, declaring that the privilege applies only to
• The right may be waived, expressly, or impliedly, as by cases where a testimonial evidence is extracted from
a failure to claim it at the appropriate time. the lips of the witness or from strict oral testimony.
• The assertion of the privilege against self incrimination • “Since the blood test evidence, although an
must be raised in response to each specific inquiry or it incriminating product of compulsion, was neither
is waived. Blanket assertion of privilege is not petitioner’s testimony nor evidence relating to some
permitted. communicative act or writing by petitioner, it was not
• The right prescribes an “option of refusal to answer inadmissible on privilege grounds.”
incrimination questions and not a prohibition of • The prohibition of compelling a man in a criminal court
inquiry.” It simply secures to a witness, whether he be to be witness against himself is a prohibition of the use
a party or not, the right to refuse to answer any of physical or moral compulsion to extort
particular incriminatory question. communications from him, not an exclusion of his
body as evidence when it may be material. The
THE PRIVILEGE APPLIES ONLY TO NATURAL PERSONS objection in principle would be to forbid a jury to look
• The Constitutional privilege against self-‐incrimination at a prisoner and compare his features with a
is essentially a personal one, applying only to natural photograph proof.
individuals. • Merely exhibiting his person for observation by
• Since corporate existence implies amenability to legal witnesses and using his voice as an identifying physical
powers, a subpoena duces tecum may be directed to a characteristic involved no compulsion of the accused
corporation which is under a duty to produce records,

to give evidence of a testimonial nature against • However, if the accused is forced to take a dictation in
himself. his own handwriting, the purpose of the order was for
• In Villaflor v. Summers, the court rejected the the court to have a basis for comparing petitioner’s
argument of a woman accused of adultery that to handwriting and to determine whether or not he
compel her to submit to a physical examination to wrote certain documents supposed to be falsified,
determine her pregnancy was a violation of her right evidence was inadmissible. Here the witness is
against self-‐incrimination compelled to write and create, by means of the act of
• Morphine forced out of the mouth of the accused was writing, evidence which does not exist, and which may
admitted in evidence. identify himself as the falsifier.
• Obtaining DNA samples in a criminal case or in a • Not every act of affixing one’s signature is within the
paternity case will not violate the right against self protection of the privilege, as long as the purpose is
incrimination. not to incriminate.
• Philippine decisions on the privilege against self-‐
incrimination basically mirror those of their American PRIVILEGE EXTENDS TO LAWYERS ADVISING A WITNESS TO INVOKE THE
counterparts. PRIVILEGE.
• “But a forced re-‐enactment is quite another thing. • A lawyer may not be penalized even though his advice
Here, the accused is not merely required to exhibit caused the witness to disobey court order.
some physical characteristics; by and large, he is made
to admit criminal responsibility against his will. It is a PERSONS WHO ARE MERE CUSTODIANS OF DOCUMENTS CANNOT CLAIM
police procedure just as condemnable as an THE PRIVILEGE
uncounseled confession.
• Compulsion as it is understood does not necessarily PROCEEDINGS IN WHICH THE PRIVILEGE MAY BE ASSERTED
connote the use of violence; it may be the product of The privilege may be asserted in any proceeding, civil or
unintentional statements. Pressure which operates to criminal, administrative or judicial, investigatory or
overbear his will, disable him from making a free and adjudicatory.
rational choice, or impair his capacity for rational
judgment would be sufficient. DISTINCTIONS BETWEEN THE CLAIM OF THE PRIVILEGE BY AN ACCUSED AND
• A mere handwriting exemplar, in contrast of the BY A MERE WITNESS
content of what is written, is merely an identifying • An accused occupies a different tier of protection from
physical characteristic outside of the protection of the an ordinary witness. Whereas an ordinary witness may
constitution. be compelled to take the witness stand and claim the

privilege as each question requiring an incriminating • Accused is accorded the right to defend himself either
answer is shot at him, an accused may altogether in person or by counsel.
refuse to take the witness stand and refuse to answer • Accused has a right to waive his presence at the trial
any and all questions. For, in reality, the purpose of but he shall be required to be at trial, if his presence is
calling him into the stand is to incriminate him. specifically ordered for purpose of identification.
• An accused cannot be compelled to be a witness for • Waiver of right to be present may be inferred from his
the prosecution, for a co-‐accused or even for himself. absence.
• If accused escapes, it shall be deemed a waiver to be
WAIVER OF THE PRIVILEGE present on all subsequent trials and until custody of
• The privilege may be waived. him is regained.
• It may be waived by the failure to timely assert the
right. RIGHT TO TESTIFY AS A WITNESS
• To become effective, a waiver must be certain and • The accused has a right to testify as a witness in his
unequivocal, and intelligently, understandably, and own behalf but subject to cross-‐examination on
willingly made; such waiver following only where matters covered by direct examination.
liberty of choice has been fully accorded. • The questions that may be asked of the accused in a
cross-‐examination are limited to the matters covered
PRIVILEGE DOES NOT APPLY WHEN WITNESS IS GIVEN IMMUNITY FROM by the direct examination.
PROSECUTION • The witness may be cross examined by the adverse
The government may grant immunity in one of the two party not only as to any matter stated in the direct
following two forms: examination or those matters connect with the direct
a. transactional immunity – completely protects the examination but the examiner is given sufficient
witness from future prosecution for crimes related to fullness and freedom to ask questions that would test
his testimony the accuracy and truthfulness of the witness.
b. use-‐and-‐derivative immunity – prevents prosecution
only from using witness’ own testimony of any RIGHT TO CONFRONT AND CROSS-‐EXAMINE THE WITNESSES AGAINST HIM.
evidence derived from the testimony against the • This is a constitutional right
witness. • Cross-‐examination is essential to test accuracy, expose
falsehoods, half-‐truths, etc.
RIGHT TO DEFEND HIMSELF AND RIGHT TO BE HEARD

• The right is a personal one which may be waived c. The former case involved the same subject that is
expressly or impliedly by conduct, amounting to a in the present case, although different cause of
renunciation of the right to cross examination action
• Where a party has had the opportunity to cross-‐ d. The issue testified by the witness in the former trial
examine a witness but failed to avail himself of it, he is the same issue involved in the present case
necessarily forfeits the right to cross-‐examine and the e. The adverse party had an opportunity to cross-‐
testimony given on direct examination of the witness examine the witness in the former case
will be received or allowed to remain in the record.
• If one is deprived of the opportunity to cross-‐examine RIGHT TO COMPULSORY PROCESS
without fault on his part, it is generally held that he is • May be invoked by accused to secure attendance of
entitled to have the direct examination stricken from witnesses
record. • The accused may move for the issuance of a subpoena
ad testificandum or a subpoena duces tecum
RIGHT TO USE TESTIMONY OF DECEASED WITNESS • Upon failure of the witness to attend, the court or
• Either party may utilize as part of its evidence the judge issuing the subpoena, upon proof of his failure to
testimony of a witness who is deceased, out of or attend, may issue a warrant for his arrest.
cannot without due diligence be found in the
Philippines, unavailable or otherwise unable to testify, RIGHT TO APPEAL
given in another case or proceeding, judicial or • In all criminal prosecutions, the accused shall have the
administrative, provided they involve the same parties right to appeal in the manner prescribed by law.
and subject matter and the adverse party had the § As established rule in appellate review is that the trial
opportunity to cross-‐examine him. court’s findings, its assessment of the credibility of the
• Rules of Evidence: witnesses and the probative weight of their
For the provision to apply, the following requisites testimonies, as well as the conclusions drawn from the
must be satisfied: actual findings, are accorded respect, if not conclusive
a. The witness is dead or unable to testify effect unless there appears in the record some facts or
b. His testimony or deposition was given in a former circumstances of weight and influence which have
case or proceeding, judicial or administrative been overlooked and, if considered, would affect the
between the same parties or representing the result.
same interests


RULE 116 • In localities where members of the bar aren’t
I. Meaning and importance of arraignment available, court may appoint any person,
• An arraignment is the stage where, in the resident of the province and of good repute for
mode and manner required by the Rules, an probity and ability, to defend the accused
accused, for the first time is granted the • Counsel de officio will be given reasonable time
opportunity to know the charge that confronts to consult with the accused as to his plea
him before proceeding with arraignment.
• Formal mode and manner of implementing III. Options of the accused before arraignment and
the constitutional right of an accused to be plea
informed of the nature and cause of • Bill of particulars: The accused may, before
accusation against him arraignment, move for a bill of particulars to
• It is an indispensable requirement of due enable h9im to properly plead and prepare for
process trial. The motion shall (a) specify the alleged
• The judge or clerk of court reads the criminal defects of the complaint or information and
complaint or info to the defendant. shall (b) specify the details desired
• Without prior arraignment, double jeopardy • Suspension of arraignment:
can’t be invoked nor can there be trial in o Accused appears to be suffering from
absentia. an unsound mental condition which
II. Duty of the court before arraignment renders him unable to fully
• (a) Inform the accused of his right to counsel; understand the charge against him
(b) ask him if he desires to have one; (c) must and to plead intelligently thereto
assign a counsel de officio to defend him -‐ Court shall order his mental
UNLESS the accused (i) is allowed to defend examination and if necessary,
himself in person or (ii) has employed a counsel confinement
of his choice o There exists a prejudicial question
• This duty is mandatory o There is a petition for review of the
• The court shall appoint as counsel de officio resolution of the prosecutor which is
members of the bar in good standing who, by pending at either the DOJ or Office of
reason of their experience and ability, can the President.
competently defend the accused. -‐ Period of suspension shall not
exceed 60 days from the filing of

the petition with the reviewing • Reading the same in the language or dialect
office known to him
• Motion to quash: Before entering plea, the • Asking the accused whether he pleads guilty or
accused may move to quash the complaint or not guilty
info on any of the grounds in §3, Rule 117 VIII. When arraignment is to be made
• Challenge the validity of arrest or legality of the • It shall be held within 30 days from the date
warrant issued or assail the regularity or the court acquires jurisdiction over the person
question the absence of a preliminary of the accused, unless a shorter period is
investigation of the charge provided by special law or SC Circular.
o If such objection is not done at or • The following shall be excluded in computing
before arraignment, the objection is the period: (a) time of the pendency of motion
deemed waived. Such waiver is to quash, (b) time for the pendency of the bill
tantamount to a finding of probable of particulars, (c) other causes justifying
cause. suspension of arraignment.
IV. Plea made before a court with no jurisdiction • Where a plea of not guilty is entered, the
• Does not give rise to double jeopardy accused shall have at least 15 days to prepare
V. Arraignment under an amended information; for trial.
substituted information • Trial shall commence within 30 days from
• If the information was substantially amended, arraignment as fixed by the court
an arraignment on the amended info is • If accused pleads not guilty, he shall state
mandatory whether he interposes a negative or affirmative
• If the amendment is only as to form, there is no defense.
need for another arraignment • When accused is under preventive detention,
VI. Where arraignment is to be made his case shall be raffled and its records
• Before the court where the complaint or info transmitted to the judge to whom the case was
was filed or assigned for trial raffled within 3 days from the filing of the info
VII. How arraignment is made or complaint. Accused shall be arraigned within
• In open court 10 days from the date of the raffle and pre-‐trial
• By the judge or clerk by furnishing the accused conference shall be held within 10 days after
with a copy of the complaint or info arraignment.

IX. There can be arraignment after submission of the • By entering a plea of not guilty, he submits
case for decision himself to the jurisdiction of the trial court,
X. Record of arraignment curing any defect in his arrest
• Arraignment and plea shall be made of record. • A conditional plea presupposes that the plea of
• Failure to do so shall not affect validity of the guilty is conditioned upon the imposition of a
proceedings lesser penalty and not a mere request to be
XI. Presence of the accused meted a lesser penalty after a plea of guilty.
• He must be present at the arraignment and • When the accused pleads guilty and bargains
personally enter his plea for a lesser penalty, it is not a plea to a lesser
XII. Presence of the offended party offense. It is a plea that made conditions on the
• Private offended party shall be required to penalty to be imposed. An accused can’t do
appear at the arraignment for the following: that. The essence of the plea of guilty is that
(a) plea bargaining, (b) determining civil the accused admits absolutely and
liability, (c) other matters requiring his unconditionally his guilt and responsibility for
presence. the offense.
• If he fails to appear despite due notice, court • When a plea of guilty is not definite or
may allow the accused to enter a plea of guilty ambiguous, or not absolute, the same amounts
to a lesser offense which is necessarily included to a plea of not guilty
in the offense charged with the conformity of XIV. Plea of guilty is judicial confession; effect on
the trial prosecutor aggravating circumstances
XIII. When a plea of ‘not guilty’ shall be entered • Plea of guilty is a judicial confession of guilt –
• Actual plea of not guilty an admission of all the material facts alleged in
• It shall also be entered for the accused if (a) he the info, including the aggravating
refuses to plead, (b) he makes a conditional circumstance alleged.
plea, (c) when he pleads guilty but presents • Conclusions of law are not admitted by a plea
exculpatory evidence in which case the guilty of guilty because conclusions of law are not
plea shall be withdrawn and a plea of not guilty facts.
shall be entered, (d) when he so clearly pleads XV. Exception to the admission of aggravating
guilty circumstances
• The evidence may disprove the existence of
aggravating circumstances despite the plea of

guilty becasue a plea of guilty does not • BUT it can be made even after arraignment and
dispense with the presentation of evidence. after a plea of guilty, so long as it the requisites
• Hence, the plea of guilty will be considered are present:
with regard to the crime only, not the o The plea of guilty is withdrawn
aggravating circumstance/s. o The plea of not guilty and the
XVI. Plea of guilty to a lesser offense; plea bargaining withdrawal of the previous guilty plea
• Plea bargaining in criminal cases is a process shall be made before trial
where the accused and the prosecution work a o The lesser offense is necessarily
mutually satisfactory disposition of the case included in the offense charged
subject to court approval. It usually involves the o The plea must have the consent of the
defendant’s pleading guilty to a lesser offense prosecutor and the offended party.
or to only one or some of the counts of a multi-‐ (The consent of the offended party
count indictment in return for a lighter shall not be required if said party fails
sentence. to appear during the arraignment
XVII. Requisites for a plea of guilty to a lesser offense despite due notice)
• (a) The lesser offense is necessarily included in • It is incumbent upon a trial judge to ascertain
the offense charged and (b) the plea must be and be fully convinced that the plea of guilty
with the consent of both the offended party was voluntarily made and its consequences
and the prosecutor fully comprehended by the accused.
• The acceptance of an offer to plead guilty to a XIX. No need for amendment of information/complaint
lesser offense is not demandable by the (when there is a plea to a lesser offense and the
accused as matter of right but is a matter same was allowed by the court)
addressed entirely to the sound discretion of XX. When plea of guilty to a lesser offense is not
the trial court. mitigating
• An offense may be said to necessarily include • A plea of guilty made after arraignment and
another when some of the essential elements after trial had begun does not entitle the
or ingredients of the former as alleged in the accused to have such plea considered as
complaint or info constitute the latter mitigating.
XVIII. Plea of guilty to a lesser offense after arraignment XXI. Plea of guilty to a capital offense
• General rule: a plea of guilty to a lesser offense • When the accused pleads guilty to a capital
is made during arraignment offense, it is not proper for the court to

immediately render judgment on the basis of counsel during the custodial and
the guilty plea. preliminary investigation and (3)
• The court is mandated to perform the under what conditions he was
following: detained and interrogated during the
o To conduct a searching inquiry to investigations (such is done in order to
ascertain (a) voluntariness of the plea, fined out that the accused has been
(b) to ascertain whether or not the coerced or placed under a state of
accused has full comprehension of the duress)
consequences of his plea o Judge must ask the defense counsel a
o To require the prosecution to prove series of questions as to whether he
the following (a) the guilty of the had conferred with, and completely
accused and (b) the precise degree of explained to, the accused the meaning
his culpability and consequences of a plea of guilty
o To ask the accused if he wishes to o Judge must elicit information about
present evidence and allow the the personality profile of the accused,
accused to present evidence in his such as his age, socio-‐economic
behalf when he so desires status, and educational background,
• Such mentioned process is mandatory which may serve as a trustworthy
• The court requires the introduction of evidence index of his capacity to give a free and
for the purpose of establishing the guilt and the informed plea of guilty
degree of culpability (whether as principal, o Judge must inform the accused the
accomplice or accessory) of the defendant exact length of imprisonment or
because a plea of guilty is only a supporting nature of the penalty under the law
evidence or secondary basis for a finding of and the certainty that he will serve
culpability such sentence.
XXII. Meaning of “searching inquiry” o Judge must inquire if the accused
• Procedure: knows the crime with which he is
o The judge ascertains from the accused charged and fully explain to him the
himself (1) how he was brought into elements of the crime which is the
the custody of the law, (2) whether he basis of his indictment.
had the assistance of a competent

o All questions posed to the accused • When there is an improvident plea of guilty, it
should be in a language known and does not mean that the case should be
understood by the accused remanded to the trial court. Such is only
o The trial judge must satisfy himself appropriate when the appellant’s guilty plea
that the accused, in pleading guilty, is was the sole basis for his conviction.
truly guilty. The accused must be • Convictions based on improvident plea of guilty
required to narrate the tragedy or are set aside only if such plea is the sole basis
reenact the crime or furnish its of the judgment.
missing details. • An improvident plea of guilty may be
• While the convictions based on pleas of guilty withdrawn even during trial or even after
to the capital offenses have been set aside judgment provided (a) the withdrawal is made
because of the improvidence of the plea, the prior to the finality of the judgment of
same holds true only when such plea is the conviction and (b) the withdrawal is permitted
sole basis of the judgment. by the court.
XXIII. Plea of guilty to a non-‐capital offense • When withdrawn, the previous plea of guilty
• When the accused pleads guilty to a non-‐capital shall be changed to a plea of not guilty.
offense, the court may receive evidence from XXV. Production or inspection of material evidence
the parties to determine the penalty imposed. • §10 authorizes the court to issue an order to
• There is no rule which provides that simply the prosecution to produce and permit the
because the accused pleaded guilty to the inspection and copying or photographing of any
charge that his conviction automatically written statement given by the complainant
follows. Additional evidence independent of and other witnesses in any investigation of the
the plea may be considered to convince the offense conducted by the prosecution or other
judge that it was intelligently made. investigating officers, as well as any designated
XXIV. Improvident plea of guilty documents, which contain or constitute
• A plea of guilty is made improvidently and evidence material to any matter involved in the
rendered inefficacious when the trial court case and which are in the possession or under
failed in its duty to conduct the prescribed the control of the prosecution, police or other
searching inquiry into the voluntariness of the law investigating agencies.
accused’s plea of guilty and full comprehension.

• Such production or inspection is allowed upon Insufficiency of evidence is It is a ground
motion of the accused with notice to the not a ground
parties Ground may be based on the Based on matters outside of
• Purpose of such is to prevent surprise, matters found on the face of the complaint or info or lack
suppression, or alteration of the evidence the complaint or info of it
After this is granted, a Deemed an acquittal
dismissal does not necessarily
follow
Rule # 117 Certiorari or prohibition lies Not reviewable by appeal or
Motion to Quash by certiorari before
judgement
Time for filing the motion to quash
• Anytime before the accused enters his plea Court shall consider only those grounds stated in the motion.
• Generally not allowed in a summary procedure
o Except: on the ground of lack of jurisdiction Grounds for motion to quash
over subject matter • Facts charged do not constitute an offense
o Or failure to comply with barangay conciliation • Court has no jurisdiction over subject matter
proceedings
• Court has no jurisdiction over the person of the

accused
Form and contents of a motion to quash
• Officer who filed the information had no authority to
• In writing
do so
• Signed by the accused or his counsel
• It does not conform substantially to the prescribed
• Specify the factual and legal grounds of the motion form

• More than one offense is charged except when a single
Distinctions between Motion to Quash and Demurrer to
punishment for various offenses is prescribed by law
evidence
• That the criminal action or liability has been
Motion to Quash Demurrer to Evidence
extinguished
Filed before accused enters After the prosecution rests its
• It contains averments which, If true, would constitute a
his plea case
legal excuse or justification
Does not require proper leave Either with leave or without
of court leave of court

• Accused has been previously convicted or acquitted of • Must be made before a plea to the complaint.
the offense charged, or the case is termination or • Failure of the accused to interpose an objection on the
dismissed without his express consent ground of duplicity of the offense charged in the
information constitutes waiver.
Execution of an affidavit of desistance is not a ground for a
motion to quash. Grounds not waived:
• Facts do not constitute an offense
Absence of probable cause not a ground to quash an • Court has no offense over the offense charged
information. • Criminal action or liability has been extinguished
• But it may be a ground for dismissal of the case. • Double jeopardy

Matters of defense are not grounds for a motion to quash. Denial of a Motion to Quash
• Except: double jeopardy or extinguishment of criminal • Remedy not a petition for certiorari
liability o Absent any showing of arbitrariness on the part
of the court/officer
Absence of a preliminary investigation is not a ground to • Remedy is for the movant to go to trial without
quash an information: prejudice to reiterating the special defences invoked in
• What should be filed is a petition for reinvestigation. the motion to quash

Test in appreciating a motion to quash: When court shall order the amendment of the information or
• Sufficiency of the averments in the information, that is, complaint
whether the facts alleged, if hypothetically admitted, • If the defect can be cured
would establish the essential elements of the offense o But if despite the opportunity, the prosecution
as defined by law without considering matters aliunde fails, court shall grant the motion to quash.
(external) o Even if the information is defective due to the
• The information must state clearly and accurately the facts not constituting an offense, the dismissal
elements of the crime charged of the case will not necessarily follow.
• A motion to quash must distinctly specify not only its Prosecution should be given a chance to correct
legal but also factual grounds the defect.

Effect of failure to assert any ground of a motion to quash

Order sustaining a motion to quash is not a bar to another or for an offense charged in the former complaint or
prosecution info.
• Except: • Acquittal is finaaal. State cannot seek its review.
o There is extinction of criminal liability • Except:
o Double jeopardy o But if the accused appeals, he waives his right
• If the order to file another complaint/info is made, the to this constitutional safeguard. Also if the
accused if in custody will not be discharged except if he accused himself consents to the filing of a
is admitted to bail. motion of reconsideration of the judgement
o Exception to the exception: if he is in custody against him.
for another charge. o Where the trial court acted with grave abuse of
discretion or there was a mistrial.
Double jeopardy • Acquittal is not a bar for the offended party to appeal
Requisites: the civil aspect of the case. Double jeopardy only has
• First jeopardy attached prior to the second reference to a criminal case and has no effect on the
o Accused convicted or acquitted or the case civil liability of the accused.
against him dismissed without his consent • Extinction of criminal liability does not mean extinction
o Dismissal, acquittal, conviction was made by a of civil liability as well.
court of competent jurisdiction
o valid complaint or information Court of competent jurisdiction
o Valid plea • First jeopardy will not attach if the action was filed in a
• First jeopardy must have been validly terminated court of the place which was not the proper venue for
• Second jeopardy must be for the same offense or the hearing the case.
second offense includes or necessarily includes in the • A court initially with jurisdiction may, in the course of
offense charged in the first information, or is an the proceedings, be ousted of that same jurisdiction,
attempt to commit the same or a frustration thereof. an event which would bar any invocation of double
jeopardy.
Effects:
• Conviction or acquittal of the accused or the dismissal Curing an erroneous acquittal: Grave abuse of discretion
of the case is a bar to another prosecution for the amounting to lack of jurisdiction
offense charged, or any attempt or frustration thereof, • Petitioner must show that there was grave abuse of
discretion amounting to lack or excess of jurisdiction

• A petition for certiorari cannot a trial court’s Valid complaint or information
evaluation of the evidence and factual findings. Errors • Sec 6 of Rule 110
of judgement cannot be raised since a writ of certiorari • Accused will not be placed in jeopardy of conviction
can only correct errors of jurisdiction or those involving where the facts alleged in the complaint or
the commission of grave abuse of discretion. information do not constitute an offense.
• When the trial court, in allowing the withdrawal of the • Where the officer who filed the information has no
information, glaringly failed to conduct its own authority to do so, the information is indeed defective
determination of a prima facie case, to independently and could not sustain a conviction
evaluate and assess the merits of the case against the
accused and simply adopted the resolution issued by Accused should have pleaded to the charge
the Secretary of Justice, there is a violation of the • If before arraignment, the prosecutor withdrew an
complainant’s right to due process and constitutes information charging theft or robbery against the same
grave abuse of discretion amounting to lack or excess accused, double jeopardy cannot be invoked because
of jurisdiction. the accused was never arraigned under the first
information
Preliminary investigation: Double jeopardy not applicable • Must be a valid plea. Not conditional!
• Dismissal of the case during the preliminary • If a person who pleads guilty but during the trial state
investigation does not constitute double jeopardy that his actions were in self-‐defense, this has the effect
because it’s not a part of the trial. of him vacating his plea of guilty and he needs to plead
Res Judicata and double jeopardy: res judicata in prison grey anew to the charge. If the court renders a judgement
• Res judicata is a doctrine of civil law and has no without directing that his plea be not guilty or ask him
bearing on criminal proceedings to make a new plea, double jeopardy will not attach.

Administrative cases; double jeopardy not applicable The accused has been convicted or acquitted, or the case
• Requisites of double jeopardy not present. against him dismissed or terminated without his express
• A single act may offend against two or more distince consent
and related provisions of law, or that the same act may • To invoke double jeopardy, the first case must have
five rise to criminal as well as administrative liability been validly terminated by any of the following ways:
• Dismissal of criminal case does not mean dismissal of a) conviction
the administrative case b) acquittal


c) dismissal or termination without the • While the general rule is that dismissal or termination,
express consent of the accused. (Sec. 7) in order to raise double jeopardy as a defense, must be
• The mere filing of two informations or complaints without the consent of the accused, there are cases
charging the same offense does not give rise to the when double jeopardy arises even if consent is given
defense of double jeopardy. It is the acquittal, by the accused. These are:
conviction, dismissal, or termination without the o Dismissal based on the violation of the right to
express consent of the accused that is the basis of such speedy trial;
defense. (Tangan v. People) o Dismissal upon motion of the accused because
the prosection was not prepared for trial since
Dismissal or termination must be without the express consent the complainant and his witnesses did not
of the accused appear.
• Consent to be express should be “positive, direct, • That the accused insist on a trial is a requisite to invoke
unequivocal and requiring no inference or implication the right to speedy trial. (Esmeña v. Pogoy).
to supply its meaning (People v. Vergara).”
• Example of dismissal without consent: Accused was Double jeopardy in quasi-‐offenses
brought before the court on charges of estafa. He then • In Ivler v. Modesto-‐San Pedro, two informations
asked for permission to travel abroad, which the court containing two separate offenses resulting from
granted on the condition that he be arraigned. The reckless imprudence in a vehicular accident were filed
arraignment took place and the accused pleaded “not against the accused. The accused pleaded guilty to one
guilty.” The Ombudsman filed a motion to withdraw ex charge and was convicted. He then filed a motion to
parte the two cases against the accused. The court quash the other information on the basis of double
granted the motion. Thereafter, the Ombudsman, in an jeopardy which the trial court denied. The Supreme
attempt to revive the cases, filed new informations for Court ruled in favor of the accused’s motion to quash.
malversation. The accused filed a motion to quash,
which was granted. It was proved that the accused The reasoning is that “once convicted or acquitted of a specific
only learned of the Ombudsman’s motion to withdraw act of reckless imprudence, the accused may not be
after the estafa cases had been dismissed. (People v. prosecuted again for the same act because the essence of the
Espinosa) quasi-‐offense of criminal negligence under Art. 365 of the RPC
Dismissals equivalent to acquittal even with the consent of the lies in the execution of an imprudent or negligent act, that, if
accused; speedy trial;demurrer to evidence intentionally done, would be punishable as a felony. The law
penalizes the negligent or careless act and not the result

thereof. The gravity of the consequence is only taken into • “Same offense” means the offense charged, or an
account to determine the penalty and it does not qualify the attempt to commit it or a frustrated stage thereof or
substance. And, as the careless act is single, whether the any offense which necessarily includes or is included in
injurious result should affect one person or several persons, the offense charged in the former complaint or
the offense (criminal negligence) remains one and the same, information. This is one of those cases where a word is
and cannot be split into different crimes and prosecutions.” defined by those that come after it. (Sec.7)
• When is the same offense not really the same? “Where
When double jeopardy shall not apply despite a prior 2 different laws (or articles of a code) define 2 crimes,
conviction prior jeopardy as to one of them is no obstacle to a
• Double jeopardy does not attach even when the prosecution of the other, although both offenses arise
offense (a graver offense) includes the offense charged from the same facts if each crime involves some
in the previous information in the following cases: important act which is not an essential element of the
o The graver offense developed due to other (Loney v. People).”
supervening facts arising from the same act or • Examples:
ommission; o Theft of Electricity under the RPC and Violation
o Facts constituting the graver charge were only of PD 401
discovered after a plea had been entered as to o Illegal recruitment and Estafa
the former information o BP 22 and Estafa
o Plea of guilty to a lesser offense was made o Direct Bribery under Art. 210 of the RPC and
without the consent of the prosecutor and of Violation of Sec. 3(b) of RA 3019
the offended party except as otherwise
provided in Section 1(f) of Rule 116. (Sec. 7) Provisional dismissal; requisites
• If the accused had already served in whole or in part • The first paragraph of Section 8 contains the requisites
the judgment under the previous information, he shall of the “time-‐bar” provided in the second paragraph. In
be credited with the same if convicted of the graver other words, after compliance with the first paragraph,
offense. (Sec.7) the clock will start ticking as to the revival of the case.
• Why? “Double jeopardy does not exist because one After the corresponding periods, the dismissal
cannot be in jeopardy for an offense which did not becomes permanent.
exist at the time of the filing of the first information.” • Time-‐Bar
o Penalty not exceeding 6 years: 1 year after
Meaning of the same offense; when not the same issuance of the order

o More than 6 years: 2 years investigation. However, a new preliminary
• Requisites: investigation is required when:
o Dismissal with the express consent of the o After the provisional dismissal, the original
accused witnesses of the prosecution or some of them
o Notice to the offended party may have recanted their testimonies or may
have died or may no longer be available and
Time bar rule; when provisional dismissal becomes permanent new witnesses for the State have emerged; or
• Please refer to the notes above. o Under a new criminal complaint
• There is an exception to the rule provided. The State § Aside from the original accused, other
may revive a criminal case beyond the one-‐year and persons are charged
two-‐year periods provided that there is a justifiable § Original charge has been upgraded; or
necessity for the delay. § Criminal liability of the accused is
upgraded from accessory to principal
Effect of People v. Lacson • In its first resolution on the case, the Supreme Court
• This case added a requisite to the time-‐bar rule i.e. the observed that “like any other favorable procedural
public prosecutor should be served with a copy of the rule, this new rule (Sec. 8, Rule 117), can be given
order of provisional dismissal of the case. retroactive effect.” Upon motion for reconsideration,
• The point of reckoning as to the periods was also the Court, through Justice Callejo, held that the new
further qualified to the effect that the periods run after rule should not be applied retroactively for to do so
the issuance of the order of dismissal on the public will be inconsistent with the intendment of the law to
prosecutor who has control of the prosecution. benefit both the State and the accused, and not the
• Express consent to a provisional dismissal is given accused only. (If you want to indulge your curiousity
either viva voce (fancy term for “orally,” Latin literally here are the links: 1st Resolution -‐
meaning “with the living voice”) or in writing. “Where http://www.lawphil.net/judjuris/juri2002/may2002/gr
the accused writes on the motion of a prosecutor for a _149453_2002.html 2nd Resolution -‐
provisional dismissal of the case “no objection” or http://www.lawphil.net/judjuris/juri2003/apr2003/gr_
“with my conformity,” the writing amounts to express 149453_2003.html )
consent of the accused…”
• A case may be revived within the time-‐bar by refiling Withdrawal of information distinguished from a motion to
the information or filing a new information. Generally, dismiss
this may be made without need of a new preliminary

Motion to Withdraw Motion to Dismiss 5. Modification of the order of trial if the accused admits
Information the charge but interposes a lawful defense
Both put an end to an action filed in court 6. Other matters that will promote a fair and expeditious
Order granting motion attains finality after 15 days from trial
receipt thereof
When pre-‐trial shall be held
Without prejudice to refiling of With prejudice to the GR: After arraignment and within 30 days from the date the
the information upon refiling of the same case court acquires jurisdiction over the person of the accused
reinvestigation upon finality upon finality E: when a shorter period is provided for in special laws or
Time-‐bar (Sec. 8) does not Time-‐bar (Sec.8) applies Supreme Court Circulars
apply
Duty of judge before pre-‐trial
1. Study the allegations of the information
2. Study the statements in the witness affidavits
3. Study other documents which form part of the record
of preliminary investigation
Rule 118 – Pre-‐Trial 4. Ask the questions on the issues raised therein. ALSO
questions must be directed to him, not the other
Courts in which pre-‐trial is mandatory for criminal cases: parties
(Sec. 1)
1. Sandiganbayan When private offended party may be required to attend pre-‐
2. Regional Trial Court trial
3. Metropolitant Trial Court, Minicipal Trial Court in G: Court will issue an order requiring the private offended
Cities, Municipal Trial Court, Municipal Circuit Trial party to appear for purposes of plea bargaining and for other
Court matters requiring his presence (this is different from the pre-‐
trial order)
Purposes of Pre-‐Trial / Matters to be considered E: not required to attend if the case is a violation of the
1. Plea Bargaining Comprehensive Drugs Act of 2002
2. Stipulation of Facts
3. Marking for identification of evidence
4. Waiver of objections to admissibility of evidence

à Court will also issue an order referring the case to the What evidence may be presented during trial itself
Branch Clerk of Court to set a preliminary conference. If a GR: no evidence other than those identified and marked
preliminary conference is required: during the pre-‐trial
• It shall be set at least 3 days prior to the pre-‐trial E: court may allow presentation of other evidence for good
• To mark the documents or exhibits to be presented by cause shown
the parties
• Copies thereof will be attached to the records after Non-‐appearance of counsel for the accused or prosecutor
comparison during pre-‐trial
• Other matters that may aid in prompt disposition may à Court may impose proper sanctions or penalties for lack of
be considered cooperation if there is no offer of an acceptable excuse
à If it is a mediatiable case, the judge will refer the parties
and their counsel to the PMC unit for purposes of mediation, if If Plea Bargaining is agreed upon, the court shall:
available 1. Issue an order to that effect
2. Proceed to receive evidence on the civil aspect of the
Duty of Branch Clerk of Court during preliminary conference case
1. Assist the parties in reaching a settlement for the civil 3. Render and promulgate the judgment of conviction,
aspect of the case including the civil liability or damages duly established
2. Mark the documents to be presented as exhibits and by evidence
copies thereof à HOWEVER, no plea-‐bargaining for violations of the
3. Ascertain from the parties the undisputed facts Comprehensive Dangerous Drugs Act of 2002
4. Ascertain admissions on the genuineness and due
execution of documents marked as exhibits If Plea Bargaining fails:
5. Consider such other matters as may aid in the prompt 1. Judge shall adopt the minutes of the preliminary
disposition of the case conference as part of the pre-‐trial proceedings
2. Confirm the markings of exhibits, admissions of
à proceedings shall be recorded in the Minutes of genuineness and due execution of documents
Preliminary Conference, which must be signed by both parties 3. List object and testimonial evidence
and counsel 4. Scrutinize every allegation in the information
à this will be attached by the Branch Clerk of Court to the 5. Scrutinize the affidavits and documents forming part of
case record before trial the record of the preliminary investigation
6. Define factual issues

7. Ask parties to agree on specific dates for trial requisite motion, after all arraignment and w/in 30 days
8. Require the parties to submit the names, addresses, pleadings have been served from the date the court
and contact numbers of witnesses to be summoned and filed acquires jurisdiction over the
9. Consider modification of the trial if the accused admits person of the accused, unless
the charge but interposes a lawful defense a shorter period is provided
Purpose is to consider the Plea bargaining, stipulation of
Pre-‐Trial Agreements (Sec. 2) possibility of amicable facts, marking of evidence,
All agreements or admissions made during pre-‐trial must be: settlement or of submission waiver of objections to
1. Reduced in writing to alternative modes of admissibility of evidence,
2. Signed by both the accused and counsel dispute resolution modification of the order of
3. Must be approved by the court if the agreement trial, other matters which will
covers Sec. 1 of Rule 118 promote a fair and
OTHERWISE, such admissions can’t be used against the expeditious trial
accused Sanction of non-‐appearance Sanction is imposed upon
is imposed upon the non-‐ non-‐appearing the counsel or
Pre-‐trial order appering party prosecutor when they cannot
1. Issued by judge within 10 days after the termination of offer an acceptable excuse
the pre-‐trial Parties are required to file No pre-‐trial briefs required
2. Contains the actions taken, facts stipulated, admissions and serve their pre-‐trial briefs
made, evidence marked, number of witnesses to be All proceedings shall be Stricter requirement: all
presented, and schedule of trial recorded. Minutes of each admissions or agreements
3. Binds the parties conference shall contain must be reduced in writing
4. Limits the trial to matters not disposed of during pre-‐ matters taken up therein, and and signed by the accused
trial shall be signed by the parties and counsel otherwise, they
5. Controls the course of action during trial unless and their counsel cannot be used against the
modified by the court to prevent manifest injustice accused

Pre-‐trial in a civil case Pre-‐trial in a criminal case Judicial Dispute Resolution
Plaintiff must make a motion Such motion is not required à innovative concept in the judicial system, wherein it is
to set the case for pre-‐trial from the prosecutioin hoped that mediation and conciliation at the level of the judge
Pre-‐trial is held after the Pre-‐trial is held after

would contribute significantly to the resolution of mediatable
cases JDR is designed to be confidential
à help increase satisfaction of litigants in the court process à all conferences are done in private
à help decongest the dockets à Judge may take notes for his personal consumption, but
à strengthen conciliation during the pre-‐trial stage in order to they will not form party of the records of the case
expedite resolution of the cases GR: JDR judge can’t pass on any information obtained in the
à the pre-‐trial proper is resumed after the JDR, and will be course of conciliation, early neutral evaluation or mediation to
conducted by the trial judge the trial judge or to any other person
E: However, he may confer in confidence with the mediator
Stages in judicial proceedings with JDR who previously mediated the case, merely for the purpose of
Divided in two stages: determining unresolved issues
1. From the filing of the complaint, to the conduct of JDR
during the pre-‐trial stage Cases subject to mediation for JDR
2. Pre-‐trial proper to trial and judgment 1. All civil cases, settlement of estates, and cases
covered by the Rule on Summary Procedure, except
JDR judge those which by law may not be compromised (e.g.
à judge to whom the case was originally raffled criminal cases like violation of traffic rules and
à if the mediation fails, the JDR judge shall not preside over regulations, violation of municipal or city ordinances)
the trial of the same case 2. Cases cognizable by the Lupong Tagapamayapa under
E: the parties may jointly request that the JDR judge preside the Katarungang Pambarangay Law
over the trial proceedings 3. Civil aspect of B.P. 22 cases
à He: 4. Civil oaspect of quasi-‐offenses under Title 14 of the
1. As mediator and conciliator, facilitates the settlement RPC (those involving reckless or simple imprudence)
discussions and tries to reconcile the parties 5. Civil aspect of estafa and libel under the propsed
differences circular amending A.M. No. 04-‐1-‐12-‐SC
2. As a neutral evaluator, assesses the relative strengths 6. Cvil aspect of theft
and weaknesses of each party’s case
3. Makes a non-‐binding and impartial evaluation of each Timeline of JDR
party’s chance of success 60 days for second-‐level courts; 30 days for first-‐level courts
à may talk to the parties without their lawyers, and may even 1. Plaintiff will tell his side of the story, then defendant
talk to each party separately (caucus) if an impasse is reached will tell his side (preferably in their own words).

2. Based on their stories, the judge will try to summarize v. Copy of the judgment is sent to the
the main issues in contention and try to probe the Philippine Mediation Center (PMC) for
various interests of the parties at play. He may actively statistical purposes
propose solutions or options. 4. If the settlement is on the civil aspect of a criminal
3. If a settlement is reached: case, but the period of payment exceeds 1 year, the
a. the parties immediately comply with the case may be archived:
agreement. a. upon motion of the prosecution
i. Parties, through their counsel, may b. with concurrence of the private complainant
choose to submit a manifestation on the c. and approval of the judge
satisfaction of the claims and the 5. If no settlement is reached:
mutual withdrawal of the complaint and a. The judge issues an order returning the case
counterclaim back to the Office of the Clerk of Court for
ii. Judge could then dismiss the case based raffling
on this fact b. Clerk will raffle the case to another judge who
b. But comply in the future, then a compromise will conduct the pre-‐trial proper and trial
agreement is secured c. A copy of the order will be sent to the PMC for
i. Compromise agreement will be drafted statistical purposes
by the parties with the assistance of
their lawyers Court-‐Annexed Mediation Guidelines (A.M. No. 04-‐3-‐05-‐SC)
ii. Prior to signing, the judge may opt to à mediation before a court-‐appointed mediator
explain the contents to the parties and 1. Re-‐orientation of attitudes towards dispute
make sure that they understand what a. When litigation is shifted to mediation, a
they are signing different attitude is called for
iii. Signing of the compromise agreement b. Lawyers must assist the parties to resolve their
and filing a joint motion to approve the differences in ways that are productive for their
compromise future lives
iv. Judge approves the compromise 2. Re-‐orientation of lawyer’s role in mediation
agreement and renders a judgment a. Counsel must drop his combative role
based on compromise b. New role is a collaborator with the other
counsel toward the common goal of helping

their clients resolve their differences to their 5. Assistance in preparing a compromise agreement or
mutual advantage withdrawal of complaint and satisfaction of claim
c. Must now accept a less directive role as adviser a. Lawyers shall assist the mediator in putting in
or consultant writing the terms of the compromise
3. Preparation for participation in mediation agreement, seeing to it that they are not
a. Upon receipt from the trial court of the order contrary to law, morals, good customs, public
to proceed to mediation, counsel shall confer order or public policy
and discuss w/ his client: b. Pay particular attention to issues of voluntary
i. Mediation process as essentially a compliance, and otherwise, enforcement
negotiation process, stressing its c. Where applicable, they will also help in the
difference from litigation, and the preparation of a manifestation of mutual
advantages and benefits satisfaction of claims and counterclaims as
ii. Substance of the upcoming mediation basis for the court to issue an order of dismissal
(e.g. substantive issues involved, the
other side’s position, possible Discovery procedures in criminal cases
bargaining points) à no rule which precludes the use of relevant modes of
4. Participation in the mediation sessions discovery in a criminal case
a. Helpful if the lawyers give their support to the 1. applicable to the civil aspect of a criminal case
mediator 2. Rule 116 Sec. 10 allows the production and inspection
b. Lawyers must allow their clients to take of material evidence in possession of the prosecution
responsibility for making decisions during à similar to Rule 27, a mode of discovery on the
negotiations w/in the mediation process production or inspection of documents or things
c. However, if the client is unable to bargain 3. Where one issue in the criminal case is the mental
effectively, and he appears to be on the short-‐ condition of the accused, an examination could be
end of the power imbalance, the lawyer may conducted under the spirit of Rule 28, another mode of
have to take a somewhat more active role discovery
d. As often as may be necessary, lawyer may ask 4. Rule 24 Sec. 1 on depositions allows the perpetuation
for a recess in order to give advise or of one’s own testimony or that of another person
suggestions to his client regarding any matter that may be cognizable in any
e. If mediation fails, the lawyer may have to take a court of the Philippines
more active role during JDR a. “any matter” includes criminal cases

b. the taking of depositions in criminal cases is -‐ Order becomes impracticable due to unavailability
addressed to judicial discretion (People v. of witnesses and other factors
Webb)
Summary of periods

1. Arraignment -‐ Within 30 days from the date the
COURT ACQUIRES JURISDICTION over
I. TRIAL the accused.
-‐ Exclude time of pendency of the motion
When trial shall commence to quash or bill of particulars or other
causes justifying suspension of
1. GENERAL PERIOD: arraignment.
30 days from receipt of PRE-‐TRIAL ORDER [SEC 1] 2. Pre-‐trial -‐ After arraignment
-‐ GENERAL PERIOD: Within 30 days from
Extension: the date the COURT ACQUIRES
-‐ Extended period [SEC 6] by virtue of Sec 7 of Cir. 38-‐ JURISDICTION over the person of the
98: accused
1st 12 months from 9/15/98 – time limit shall be 180
days Exception: shorter period is provided for
2nd 12 month period … 120 days in special laws or circulars of the SC.
3rd 12 month period … 80 days 3. Trial -‐ GENERAL PERIOD: 30 days from RECEIPT
OF PRE-‐TRIAL ORDER.
CURRENTLY – extended period is 80 days
Extension: 80 days from arraignment.
2. If order for a new trial: [Sec 6]

GENERAL PERIOD: Time to prepare for trial [Sec 1]
30 days from notice or the order granting new trial -‐ After entry of plea of NOT GUILTY
-‐ 15 days
Extension: [SEC 5]
-‐ Not exceeding 180 days from notice of the order

Effect of not bringing the accused to trial within the e. Orders of inhibition, or proceeding relating to change
prescribed period [Sec 9] of venue or transfer from other courts;
f. Finding of existence of prejudicial question;
1. Information may be dismissed upon the motion of the g. Any period, not exceeding 30 days, during which any
accused. proceeding concerning the accused is actually under
-‐ Ground: Denial of right to speedy trial advisement;
-‐ Burden of proof: h. Absence (whereabouts are unknown or cannot be
o Accused: proving the ground of his motion determined by due diligence) or unavailability
o Prosecutor: evidence to establish that the (whereabouts are known but his presence for trial
delay belongs to the exclusion of time in Sec cannot be obtained by due diligence) of an essential
3 witness;
-‐ In case dismissed: subject to rules on double i. Mental incompetence or physical inability of the
jeopardy accused to stand trial;
j. Information being dismissed upon motion of the
2. Motion made prior to trial, otherwise deemed waiver prosecution and thereafter a charge is filed against the
of the right to have the charge dismissed. accused for the same offense. (Period of delay from
the date the charge was dismissed to the date the time
Delays to be excluded from computing the period for non-‐ limitation would commence to run as to the
commencement of the trial subsequent charge had there been no previous
Not be included in counting for the period of commencement charge.);
of trial. [Sec 3] k. Accused being joined for trial with a co-‐accused over
whom the court has not acquired jurisdiction or as to
Include but are not limited to delays caused by/resulting whom the time for trial has not run and no motion for
from/attributable to: separate trial has been granted;
a. Examination of the physically and mental condition of l. Continuance granted by any court motu propio, or on
the accused; motion of either the accused or his counsel, or the
b. Other proceedings with respect to other criminal prosecution, if the court granted the continuance on
charges against the accused; the basis of its findings set forth in the order that the
c. Extraordinary remedies against interlocutory orders; ends of justice served by taking such action
d. Pre-‐trial proceedings (should not exceed 30 days); outweighed the best interest of the public and the
accused in a speedy trial.

-‐ Continuous trial on a weekly or other short-‐term trial
When the delay or suspension of trial is justified by reason of calendar at the earliest possible time.
absence of a witness -‐ Court shall set trial after consultations with the
prosecutor and defense counsel.
1. One of the exclusions in computing the time which trial
must commence provided in Sec 3, refer to the period Trial period [Sec 2]
of delay resulting from the absence or unavailability of
an essential witness. GENERAL RULE: In no case shall the entire trial period exceed
180 days from the first day of trial.
2. Witness must be an “essential witness”, meaning Exception: As otherwise authorized by the SC.
“indispensible”, “necessary” or “important in the
highest degree” Postponement or continuance

3. Absence and unavailability are not synonymous. 1. Postponements not prohibited.
-‐ Absent
o Whereabouts are unknown; or For postponements to be made:
o Whereabouts cannot be determined by due a. For a reasonable period
diligence b. For a good cause
-‐ Unavailable
o Presence for trial cannot be obtained by 2. Continuance to serve the end of justice
due diligence; even if
o Whereabouts are known; Not allowed:
-‐ Congestion of court’s calendar
Continuous delay [Sec 2] -‐ Lack of diligent preparation
-‐ Failure to obtain witnesses on the part of the
GENERAL RULE: Continue from day to day as far as prosecutor.
practicable until terminated.
Exception: Postponed for a reasonable period of time for a Allowed:
good cause. -‐ Inadequate preparation: taken as a whole, case is
unusual and complex, due to the number of the
accused or the nature of the prosecution.

Witness of accused may be:
3. Continuance may be granted if continuing the -‐ Sick or infirm and there is no reasonable ground to
proceeding is impossible or would result in a believe that he will be able to attend the trial
miscarriage of justice. because of his condition.
-‐ Although not sick or infirm, may reside more than
Factors to be considered for granting continuances or 100 km from the place of trial and has no means to
postponement attend the trial
-‐ Other circumstances that exist that would make
-‐ Postponements are subject to judicial discretion. him unavailable during the trial or prevent him
-‐ Factors: from attending the same.
a. W/N failure to grant continuance would likely
make a continuation of the proceeding impossible Remedy of the accused:
or would result in a miscarriage of justice; or File a motion to have his witness conditionally
b. W/N the case taken as a whole is so novel, unusual examined. Motion shall state:
and complex, due to the number of the accused or a. Substance of his testimony
the nature of the prosecution, or that it is b. Reason or reasons for his inability to attend the
unreasonable to expect adequate preparation trial.
within the periods of time established therein. Read Sec. 12-‐13 for the procedure of conditional
examination (witness of accused).
Prohibited grounds for a continuance
a. Congestion of court’s calendar or due to lack of 2. Conditional examination of witnesses of the
diligent preparation; or prosecution
b. Failure to obtain witnesses on the part of the
prosecutor. Witness of prosecution:
-‐ Too sick or infirm to appear at the trial
Conditional examination of witnesses even before trial -‐ Has to leave the Philippines with no definite date of
returning
1. Witnesses for both the accused and the prosecution Read Sec. 15 for the procedure of conditional
may be conditionally examined even before the trial of examination (witness for prosecution).
the case.


How to secure appearance of a material witnesses [Bar 1994; a. There is absolute necessity for the testimony of
1999] the accused whose discharge is requested;
b. There is no other direct evidence available for
1. Post bail for such sum as may be deemed proper, if the the proper prosecution of the offense
court is satisfied upon either (a) proof, or (b) oath that committed, except the testimony of said
a material witness will not testify when required; or accused;
c. The testimony of said accused can
2. If witness refuses to post bail, the court shall commit be substantially corroborated in its
him to prison until he complies or is legally discharged material points;
after his testimony has been taken. d. Said accused does not appear to be the most
guilty; and
Discharge of accused to be a state witness; requisites [Bar e. Said accused has not at any time been
1998; 1990; 1994; 2006] convicted of any offense involving moral
turpitude.
1. Several accused are jointly charged for an offense,
unless court orders a separate trial for one or more of 4. When a crime is contrived in secret, the discharge of
the accused. one of the conspirators is essential because only the
have knowledge of the crime.
2. One or more of the accused trial jointly with the
others, may however, be discharged so that they may Evidence adduced during the discharge hearing
be witnesses for the state. For this purpose, the
prosecutor shall comply with the following: 1. Shall automatically form part of the trial.
a. File motion for discharge of the accused; or
b. File the motion before the prosecution rests its 2. If court denies the motion for discharge the accused,
case. sworn statement shall be inadmissible in evidence.

3. The court upon receipt of the motion shall require Effect of discharge of an accused to be a state witness
prosecution to present evidence and the sworn
statement of each proposed state witness. The court GEN RULE: Amount to an acquittal and shall be a bar to
shall conduct a hearing in support of the discharge. another prosecution for the same offense
The court must be satisfied that:

Except: If the accused fails to testify in accordance with
his sworn statement, constituting the basis for his 2. Accused will then present his evidence to prove
discharge.
-‐ Prove his defense and damage sustained (if any),
Mistake in charging the proper offense arising from provisional remedy in the case.

-‐ Mistake in charging the proper offense. 3. Prosecution may present rebuttal evidence unless the
-‐ Become manifest at any time before judgment. court allows it to present additional evidence bearing
on the main issue
Effects:
-‐ Accused cannot be convicted of the offense 4. The accused may present sur-‐rebuttal evidence unless
charged, or any other offense necessarily included the court allows him to present additional evidence
therein. bearing on the main issue
-‐ Original case shall be dismissed upon the filing of
the proper information. 5. Upon submission of the evidence of the parties, the
-‐ Court shall commit the accused to answer for the case shall be deemed submitted for decision unless the
proper offense. court directs them to argue orally or submit a written
-‐ Although the case is dismissed, the accused shall memoranda.
not be discharged if there is good cause to detain
the accused. Modification of order of trial; reverse trial
-‐ May be modified when the accused admits the act
Order of trial or omission charged, but interposes a lawful
defense.
1. Prosecution shall present its evidence
Reopening of the proceedings
a. Prove the charge, and
b. Prove the civil liability in the proper case. 1. WHEN: At any time before the finality of the judgment
of conviction
NOTE: In Dangerous Drugs cases, it is the duty of WHO: the judge, may motu propio or upon motion,
the prosecution to present a complete picture with hearing in either case.
detailing the buy-‐bust operation. WHY: Avoid miscarriage of justice.

Proceedings shall be terminated within 30 days from a. The accused has already been arraigned;
order granting it. b. The accused has been duly notified of the trial
or hearings; and
2. Requisites: c. The absence of the accused or his failure to
a. Re-‐opening must be before the finality of a appear is unjustified
judgment of conviction;
b. The order is issued by the judge on his own Instances when the presence of the accused is required
initiative or upon motion; 1. Instances:
c. The order is issued only after a hearing is a. Arraignment and plea, whether of innocence or
conducted; of guilt;
d. The order intends to prevent miscarriage of b. During the trial, whenever necessary for
justice; and identification purposes; and
e. The presentation of additional and/or further c. At the promulgation of sentence, unless if for a
evidence should be terminated within 30 days light offense, in which case, the accused may
from issuance of the order. appear by counsel or representative.

3. A waiver of accused’s objection to the order re-‐ 2. Common reason suggests that the prosecution must be
opening the case – to be effective must be certain and afforded the right to identify him as the perpetrator of
unequivocal. the offense and the very person named or described in
the complaint or information. Due process is meant for
Trial in absentia (Bar 1998) both the People and the accused and the identification
of the accused in open court is one of the essential
1. Accused need not always be present in every hearing, elements in proving the People’s case
although it is his right to be present if he so desires.
Right is subsumed under his constitutional right to Rule on witness’ credibility
meet the witnesses against him face to face.
1. Contradiction between the contents of an affiant’s
2. The rule should not be taken as to mean that the affidavit and his testimony in the witness stand do not
accused may be tried in his absence, as a rule. He can always militate against the witness’ credibility.
only be tried in absentia when the following requisites
concur:

2. Truth is established not by the number of witnesses -‐ Prosecution is burdened to prove corpus delicti beyond
but by the quality of their testimonies. While the reasonable doubt either by direct evidence or by
number of witnesses may be considered a factor in the circumstantial or presumptive evidence.
appreciation of evidence, proof beyond reasonable
doubt is not necessarily with the greatest number. Examples of essential elements of certain common offenses
which the trial court should consider before rendering a
Comments and questions of the judge during the trial judgment; some principles necessary in deciding a criminal
case – pls. see pgs. 555 to 568 of Riano book na lang. It’s like a
1. The “cold neutrality of an impartial judge” requirement review of Crim 2 :-‐)
of due process was certainly denied the accused when
the court, with its overzealousness, assumed the role Lack of formal offer of evidence during the trial
of magistrate and advocate. -‐ Not formally offered in evidence, although identified
and marked as exhibits during pre-‐trial or trial: NOT
2. Although the trial judge might have made improper TREATED AS EVIDENCE.
remarks and comments, the same did not amount to a -‐ The court shall consider no evidence, which has not
denial of accused’s right to due process or his right to been formally offered.
impartial trial. The trial judge cannot be faulted for -‐ A formal offer is necessary because judges are
making those remarks, notwithstanding the sarcastic mandated to rest their findings of facts and their
tone it impressed. Sarcasm alone cannot lead to the judgment only and strictly upon evidence offered by the
conclusion that the judge had taken the side of the parties at the trial. Its function is to enable the trial
prosecution. judge to know the purpose or purposes for which the
proponent is presenting the evidence, and on the other
Corpus delicti in criminal cases hand, allows opposing parties to examine the evidence
and object to its admissibility.
-‐ Body, foundation or substance of a crime.
-‐ Elements:
a. That a certain result has been established (i.e., II. DEMURRER TO EVIDENCE
a man died);
b. That some person is criminally responsible for Demurrer to evidence
it.

1. Is actually a motion to dismiss, which is filed by the denies demurrer demurrer
accused after the prosecution has rested its case, The order denying If the court grants the leave to file a
based on the ground of insufficiency of evidence. The motion for leave of demurrer to evidence, accused shall
court may on its own initiative dismiss the case on the court to file a filed the demurrer of evidence within a
same ground, but must give prosecution the demurrer is not non-‐extendible period of 10 days from
opportunity to be heard. reviewable by notice. Prosecution may oppose within a
appeal or certiorari similar period from its receipt.
2. An objection by one of the parties in an action to the before judgment. If the court denies If the court grants
effect that the evidence which his adversary produced the demurrer to the demurrer, the
is insufficient in point of law to make out a case or evidence filed with case is dismissed
sustain an issue. the leave of court, and the accused is
the accused may as good as
Demurrer of evidence with leave of court adduce evidence in acquitted.
his defense. The
1. Demurer of evidence filed by the accused may be (a) order denying
with leave of court or (b) without leave of court. Power demurrer is not
to grant leave to the accused to file a demurrer is reviewable by
addressed to the sound discretion of the trial court, appeal or certiorari
and the purpose is to determine whether the accused before judgment.
in filing his demurrer is merely stalling the Demurrer of evidence without leave of court
proceedings.
1. A demurrer of evidence may also be filed by the
2. Motion for leave of court to file a demurrer to the accused without leave of court. If the demurrer is
evidence shall state its grounds and shall be filed granted, the case is dismissed and the effect is an
within a non-‐extendible period of 5 days after the acquittal.
prosecution rests its case. The prosecution may
oppose the motion with a non-‐extendible period of 5 2. If demurrer is denied, accused waives the right to
days from its receipt. present evidence and submits the case for judgment
on the basis of the evidence for the prosecution.
Demurrer to evidence with leave of court
Denies leave Grants leave but Grants leave and GEN RULE: Certiorari does not lie to review an order

denying a demurrer to evidence. evidence adduced by the prosecution and its sufficiency
to warrant conviction beyond reasonable doubt”.
Exception: Certiorari may be availed when the denial of -‐ May not be appealed, for to do so would be to place the
a demurrer is tainted with grave abuse of discretion or accused in double jeopardy.
excess of jurisdiction or oppressive exercise of judicial
authority. Demurrer to evidence in a civil case v. demurrer to evidence
in a criminal case
3. The whole case is submitted for judgment on the basis
of evidence for the prosecution as the accused is Criminal case Civil case
deemed to have waived the right to present evidence. Predicated upon insufficiency Anchored upon failure of the
At this point, the court is called upon to decide the of evidence plaintiff to show that upon
case including its civil aspect (unless waived or the facts and the law, he is
expressly reserved). entitled to relief.
May be filed with or without Requires no prior leave of
Not every motion to dismiss is a demurrer to evidence leave of court. court.
Accused may adduce his When demurrer is denied,
1. A motion to dismiss not upon the insufficiency of the evidence in his defense only the defendant does not lose
evidence, is not a demurrer to evidence. when the demurrer that was his right to present evidence.
denied was filed with leave of
2. In order to determine whether the motion filed is a court.
demurrer to evidence or just a motion to dismiss, the No appeal is allowed when a If demurrer is granted, the
following must be considered: demurrer is granted in a plaintiff may appeal and if
a. Allegations in it must be made in good faith; criminal case because the dismissal is reversed, the
b. The stage of the proceeding at which it is filed; dismissal is deemed an defendant is deemed to have
and acquittal. waived his right to present
c. The primary objective of the party filing it. his evidence.

Granting of demurrer is an acquittal

-‐ Filed after the prosecution has rested its case. Hence
grant of demurrer calls for an “appreciation of the

c. person of the accused

Chapter XI: Judgment, Remedies After Judgment Of
Conviction And Provisional Remedies
• Substantial Compliance (lLumanog v. People)
I – Judgment (Rule 120)
- Even if there’s much left to be desired in terms of
Meaning of Judgment clarity, coherence and comprehensibility, decisions are
deemed to have complied substantially with the
Judgment (Sec.1, Rule 119) requirements when they set out:
- adjudication by the court that the accused is guilty or o the facts
not guilty of the offense charged; and o legal basis
- the imposition upon him of the proper penalty and civil o legal qualifications of the offense constituted
liability by the facts proved
o modifying circumstances
Requisites of a Judgment o participation of the accused
o penalty imposed
• Formal Requisites o civil liability

a. must be written in the official language; - Parties should be informed of:
b. must be personally and directly prepared by the judge o How the case was decided
c. must contain clearly and distinctly: o Explanation of the factual reasons that led to
a. statement of facts the conclusion of the trial court.
b. law upon which it is based.
- Aggrieved party is entitled to know why he lost so he
may appeal to the higher court, if permitted, should he
• Jurisdictional Requirements believe that the decision should be reversed.

Jurisdiction over: - A decision that does not clearly state the facts and the
a. subject matter law on which it was based is prejudicial to the losing
b. territory

party who is unable to pinpoint the possible errors of • Remedy against cancellation of bail bond after the
the court. judgment of conviction:
o File with the CA a motion to review said order
o Same regular appeal proceedings, the motion
• Can the trial court completely copy the memorandum as an incident of his appeal
submitted by a party? YES. o Special civil action or special proceeding
o Provided that the decision clearly and distinctly questioning the order is proscribed
states sufficient findings of fact and the law on
which they are based. 2. Judgment of Acquittal shall state:
o However, this is frowned upon. The judges are
encouraged to use their own words in laying a. State whether or not the evidence of the
down their judgments. prosecution:
i. absolutely failed to prove the
guilt of the accused;
Contents of a judgment of conviction/acquittal ii. merely failed to prove his
guilt beyond reasonable
1. Judgment of Conviction shall state: doubt

a. The legal qualification of the offense constituted by the b. Determine if the act or omission from which
acts committed by the accused. the civil liability might arise did not exist
b. The aggravating and mitigating circumstances which
attended the commission.
c. The participation of the accused in the offense • A verdict of acquittal is immediately final.
(principal, accomplice, accessory)
d. Civil liability or damages caused by his wrongful act or
omission to be recovered from the accused by the
offended party, if there is any, unless the enforcement Rule When there Are Two or More Offenses in A Single
of the civil liability by a separate civil action has been Information or Complaint (Duplicitous
reserved or waived. Complaint/Information)

1. 2 or more offenses + single information/complaint:

a. Accused must file a motion to quash a. Proved included in charged =
2. Accused fails to file a motion to quash conviction for offense proved
a. Accused is deemed to have waived the defect b. Charged included in proved =
b. Court may convict him for as many offenses as conviction for offense charged
are charged and proved
c. Court may impose on him the penalty for each, • Rules shall apply provided that the Court has
setting out separately the findings of fact and jurisdiction over the case based on the
law in each offense. allegations/information.
3. Objection to duplicity cannot be raised on appeal when
it was not raised in the lower court. When an Offense Includes or is Included in Another

Judgment Rendered by Judge Who Did Not Hear Case 1. Offense charged necessarily includes the offense
proved when some of the elements or ingredients
• The fact that the trial judge who rendered judgment of the former, as alleged in the complaint or
was not the one who presided over the trial, but one information, constitute the latter.
who merely relied on the records of the case, does not
render the judgment erroneous, especially if the 2. Offense charged is necessarily included in the
evidence is enough to support its conclusion. offense proved when the essential ingredients of
the former constitute or form part of those
Variance Doctrine; Variance Between the Allegation and constituting the latter.
Proof
Variance in the mode of the Commission of the Offense
Variance is a situation where:
a. The offense proved is different from the • Binding upon the accused if he fails to object to
offense as charged in the complaint or evidence showing that the crime was committed in a
information; and different manner than that was alleged.
b. The offense charged is either necessarily
included in the offense proved or necessarily Promulgation of Judgment
includes the offense proved.
• Judgment is promulgated by:
Rules:

o GENERAL RULE: Reading it in the presence of • Notice shall be given by the clerk of court personally to
the accused and in any judge of the Court the accused or to his bondsman or warden and
which it was rendered. counsel.
o EXCEPTION: Light offenses. • If the accused was tried in absentia because he jumped
§ The judgment may be pronounced in bail or escaped prison:
the presence of his counsel or o Notice shall be served at his last known
representative. address.
§ Clerk of Court may promulgate even in
the absence of a judge or if the judge is Rule if accused fails to appear in the promulgation of the
in another province/city. judgment

• Rule if accused is detained in another province or city: 1. If judgment of acquittal:
o Executive judge of the RTC having jurisdiction a. Promulgation shall be made by recording the
over the place of confinement or detention judgment in the criminal docket.
§ Upon request of the court who b. Copy shall be served to him at his last known
rendered the judgment address or thru his counsel.
o The court promulgating judgment shall have
the authority to: 2. If judgment of conviction:
§ Accept the notice of appeal; a. Failure is without justifiable cause:
§ To approve the bail bond pending i. Lose all the remedies available in the
appeal ROC against the judgment; and
ii. Court shall order his arrest
• If the decision of the trial court changed the nature of iii. HOWEVER, accused may, within 15 days
the offense from non-‐bailable to bailable: from the promulgation of judgment,
o Application for bail can only be filed at his last surrender and file a motion for leave of
known address. court to avail of the remedies.
1. He shall state the reason for his
absence
How accused is to be notified of the promulgation 2. If he proves that his judgment is
justified, he shall be allowed to

avail of the remedies within 15 • Accused may file for:
days from notice o motion for new trial
o motion for reconsideration
Modification of Judgment
• The court, however, may motu proprio, allow a new
• A judgment of conviction may be (i) modified, (ii) set trial or reconsideration of judgment BUT with the
aside: consent of accused.
o Upon motion of the accused; and o Court need not wait for any motion from the
o Before judgment becomes final/ before appeal accused.
is perfected
• Filing should be at any time before finality of
When Judgment Becomes Final judgment.

a. After the lapse of the period for appeal;or • MR or New Trial applies when:
b. When the sentence has been partially or o Judgment is for conviction
totally satisfied/served;or o The accused is given the benefit to avail, not
c. When the accused has waived in writing his the prosecution
right to appeal;or
d. Applied for probation
Grounds for New Trial

Entry of Judgment 1. New Evidence
• Upon finality a. Elements:
• Entered in accordance with Rule 36 (Civil Actions: i. Evidence discovered after trial
Judgments, Final Orders and Entry) ii. It could not have been previously
discovered and produced at trial even
II – New Trial or Reconsideration (Rule 121) with the exercise of reasonable
diligence
iii. It is a new and material evidence
Filing a motion for new trial or a motion for reconsideration iv. If introduced and admitted, if would
probably change the judgment

When hearing of the Motion is Required
b. The determinative test is the presence of due
or reasonable diligence to locate the thing to be • Hearing shall be conducted when the motion calls for a
used as evidence in trial. resolution of a question of fact.
o The court may hear evidence on the motion by
2. That errors of law have been committed during trial affidavits or otherwise.
3. Irregularities prejudicial to the substantial rights of the
accused have been committed. Effects of Granting a New Trial or Reconsideration

• Depends on the ground availed of:
Grounds for Reconsideration of Judgment o Errors of law or irregularities:
§ Evidence shall either be set aside or
1. Errors of law in the judgment which requires no further taken anew; and
proceedings § The court may allow additional evidence
2. Errors of fact which also requires no further proceedings.
o Newly-‐discovered evidence
Forms of the Motions; Notice § Evidence already adduced shall stand
§ Newly-‐discovered evidence + others
• Shall be in writing which the court may allow in the
• State the grounds on which it is based. interest of justice shall be taken and
• If based on newly-‐discovered evidence: considered with the evidence already in
o Motion submitted with affidavits of witnesses record.
by whom such evidence is expected to be
given;or • In all cases the judgment shall be set aside or vacated
o By duly authenticated copies of documents and a new judgment shall be rendered accordingly
which are proposed to be introduced in
evidence. The NEYPES Rule

Notice of the Motion • In the case of Neypes v CA, then Associate Justice
• Notice shall be given to the prosecutor Corona laid down the “FRESH PERIOD RULE” in CIVIL
CASES:

§ Within 15 days from notice of the final
o the Court emphasized that the period of appeal order appealed from.
is not only within 15 days from notice of
judgment but also within 15 days from the o This period for perfecting an appeal:
notice of final order appealed from. § shall be suspended from the time a MR
is filed and
• Ex. If an MR is denied, such denial is deemed as the § the BALANCE OF THE PERIOD shall
final order. From receipt of such notice, the movant begin to run again from notice of the
has another “fresh period” within which to appeal. order overruling the motion served
upon the accused or his counsel.
• The “new” 15-‐day period shall only be availed of if
either motion is filed, otherwise the decision shall be • Neypes made no actual reference to Sec. 6, Rule 122
final upon the lapse of the original 15-‐day period. • RIANO: We agree that the Neypes rule clearly does not
apply to Sec. 6, Rule 112 if the argument would only be
• This “fresh period rule” shall apply to: predicated on the tenor and phraseology of said
section.
o Appeals from MTC to RTC (Rule 40)
o Petitions for review from RTC to CA (Rule 42)
o Appeals from Quasi-‐judicial agencies to the CA HOWEVER:
(Rule 43)
o Appeals by Certiorari to the SC (Rule 45) • Reference shall be made to Sec. 39 of BP129 as
amended:
Conflicts: o “The period for appeal from final orders,
resolutions, awards, judgments, or decisions of
• There are those who reasonably believe that this is not ay court in all cases shall be 15 days counted
in accord with Criminal Proceedings under Sec. 6 Rule from the notice of the final order appealed
122: from”
o Under this provision the appeal shall be
perfected: • The period applies, then, in all cases which including
§ Within 15 days from promulgation of criminal cases.
judgment; or

• BP 129, a substantive law, prevails over the Rules of WHO MAY APPEAL
Court.
• Therefore according to RIANO, Neypes should apply 1. Any party may appeal from a judgment or final order
also to criminal proceedings. PROVIDED, the accused will not be placed in double
jeopardy.
• RIANO also submits that because Rules 42 and 45, a. Note: subject of the appeal is a “judgment” or
rules expressly stated in the case where the fresh “final order”
period rule applies, can also be availed of in criminal
cases, the fresh period rule shall apply too in criminal 2. Accused may appeal from conviction
cases. a. When he appeals he:
i. Waives his protection on the prohibition
against double jeopardy
HOWEVER ii. Runs the risk of being sentenced to a
penalty higher than that imposed by the
SWAG: I had the chance to talk to the ponente. Sabi ko “So trial court.
Chief Justice ano ba, applicable ba talaga ang Neypes sa
criminal cases?” Sabi niya sakin “bakit, sinabi ba sa desisyon?” 3. In the case of the People of the Philippines only the
SOLICITOR GENERAL has the sole right and authority to
(#kthanksbye ano ba talaga) institute proceedings before the CA or SC
a. SG is the appellate counsel of the People and
III – APPEALS should be given the opportunity to be heard in
(Rules 112,124, 125) behalf of the people.

APPEAL IS NOT A NATURAL RIGHT SUBJECT MATTER FOR REVIEW ON APPEAL

• Mere statutory privilege 1. Throws the case wide open for review.
• May be exercised only in the manner in accordance a. The reviewing tribunal can:
with the provisions of law i. Correct errors
• Once granted by law, suppression would be a violation ii. Reverse the trial court’s decision on
of due process grounds other than those raised as
errors

2. If there is any indication that the TC overlooked,
b. This rule is in contrast with the general rule in misapprehended, misinterpreted certain facts or
civil cases where no error will be considered by circumstances which would substantially affect the
the appellate court unless stated in the disposition of the case, or the court acted in grave
assignment of errors, EXCEPT when: abuse of discretion SC will not hesitate to review the
i. Error affects the jurisdiction of the court same.
over the subj matter.
ii. Error affects the validity of judgment RIANO: There seems to have been an undue emphasis on the
appealed from or the proceedings distinct advantage of the trial court observing the demeanor
iii. Error is closely related to the assigned and conduct of the witnesses during trial. This has led to the
error mistaken belief that the credibility of a testimony depends
iv. Plain error or clerical error only upon the demeanor.
v. For the interests of justice
Two Aspects of a Credible Testimony

CHANGE OF THEORY ON APPEAL 1. Credibility of the messenger
2. Credibility of the message
RULE: Party cannot change his theory on appeal, nor raise in
the appellate court any question of law or of fact that was not
raised in the court below. WHERE TO APPEAL

Basis: CONTRARY TO THE BASIC RULES OF FAIRPLAY, JUSTICE 1. Regional Trial Court
AND DUE PROCESS. a. Cases decided by:
i. MTC
FACTUAL FINDINGS; CREDIBILITY OF WITNESSES ii. MTCC
iii. MTC
1. TC’s findings are accorded great respect, and even iv. MCTC
conclusive if it is duly supported by evidence.
a. These finding assume greater weight if they are 2. CA or SC (in cases provided by law)
affirmed by the CA a. Cases decided by the RTC
3. SC

a. Cases decided by the CA a. CA shall automatically review as provided in
Sec. 10, Rule 122

HOW 6. CA à SC
a. Petition for review on certiorari Rule 45
1. MTC à RTC b. File with SC
a. Notice of appeal c. Note that the procedure for review by the SC of
b. Filed with the court which rendered the court decisions in criminal cases rendered by
judgment or final order appealed from the CA shall be same in Civil cases.
c. A copy should be served upon the adverse 7. CA imposes RP or LI
party a. Notice of appeal filed with the CA

2. RTC (Original Jurisdiction) à CA 8. Review on appeal of a decision in a Crim Case where
a. Notice of appeal the CA imposes a penalty other than RP, LI, Death
b. Filed with the court which rendered the a. Petition for review on certiorari under Rule 45
judgment or final order appealed from b. A petition for review raises only questions of
c. Serving a copy thereof upon the adverse party law and should raise errors of the CA and not of
the RTC
3. RTC (appellate jurisdiction) à CA
a. Petition for Review WHEN APPEAL IS TO BE TAKEN
b. Filed with CA
c. Under Rule 42 • Within 15 days from promulgation of judgment or
from notice of the final order appealed from.
4. Penalty imposed by RTC is reclusion perpetua, life • SWAG: period is called reglementary period.
imprisonment, death
a. Notice of appeal to the CA in accordance with SERVICE OF NOTICE OF APPEAL
paragraph A rule 122
1. Served upon the adverse party or his counsel by
5. No notice of appeal is necessary where the RTC personal service.
imposed death 2. If 1 cannot be made, then by registered mail or by
substituted service pursuant to Rule 13

b. Provided that records have not yet been
transmitted or forwarded to the appellate court
TRANSMISSION OF PAPERS TO THE APPELLATE COURT c. Effect: JUDGMENT BECOMES FINAL
d. Court which approves the withdrawal is the
1. Within 5 days from the filing of the notice of appeal MTC
a. Clerk of court with whom notice was filed must
transmit to the clerk of the appellate court:
i. The complete record of the case 2. If case is already on appeal and the records have
ii. Notice of appeal already been forwarded
iii. Original and three copies of a. RTC may allow the appellant to withdraw his
stenographic notes appeal provided:
b. A copy of the transcript must remain with the i. A motion to withdraw is filed
lower court. ii. Motion is filed before the RTC that
renders judgment on the appeal
2. If the appellate court is the RTC
a. Upon receipt of the b. Note: Court which allows the withdrawal is the
records/transcripts/exhibits, the clerk of the RTC and is dependent on the court’s discretion.
RTC shall notify the parties of such fact. c. Effect: MTC judgment shall become final and
b. Within 15 days from receipt of notice: shall be remanded to it for execution.
i. Parties MAY submit memoranda or
briefs; or APPEAL IS NOT MOOTED BY ACCUSED’S RELEASE ON PAROLE
ii. The may be required by the RTC to do
so. Parole
c. After submission or upon expiration of the - conditional release of an offender from a correctional
period, the RTC shall decide the case based on institution after he serves the minimum term of his
the records, memoranda and briefs, if filed. prison sentence
- not one of the modes extinguishing criminal liability
WITHDRAWAL OF APPEAL
EFFECT OF APPEAL BY ANY OF SEVERAL ACCUSED
1. MTC à RTC
a. May be withdrawn when ALLOWED by the MTC 1. Shall not affect those who did not appeal

a. EXCEPT if the judgment of the appellate court is 2. The benefit of the stay cannot extend to those who fail
favorable and applicable to them to file for an appeal.
a. The exception under Sec. 1, rule 122, is not
2. Constantino v. Sandiganbayan applicable to procedural consequences of a
- although the rule states that it shall not benefit an pending appeal even if beneficial to the
accused who “did not join the appeal” it shall also accused. (Lubrica v. People)
include those who appealed separately.
POWER OF CA to RECEIVE EVIDENCE
APPEAL FROM THE CIVIL ASPECT
CA shall have the power to:
1. Shall not affect the criminal aspect of the judgment 1. Try and conduct hearings
2. Appeal accorded to the accused should also be 2. Receive evidence
available to the offended party who seeks redress of 3. Perform all acts necessary to resolve factual issues
the civil aspect of the decision. raised in cases falling within its original or appellate
a. Period to appeal granted to the offended party jurisdiction
is the same as that granted to the accused. a. Including power to grant and conduct new
trial and further proceedings

PERIOD TO APPLY FOR PROBATION • Trials and hearings conducted by the CA must be
continuous and must be completed in three months
- within the period for perfecting an appeal UNLESS extended by the Chief Justice.
o within 15 days from promulgation of judgment
or from notice of the final order appealed from.
- Filing of the application after the time has lapsed is
injurious to the recourse of the applicant. DISMISSAL OF APPEAL BY THE CA

STAY OF EXECUTION • May be:
o Upon motion of appellee; or
1. Upon perfection of the appeal, the execution of the o Motu Proprio
judgment or final order appealed from shall be stayed o With notice to the appellant in either case
as to the appealing party.

Grounds:
• If the appellant fails to file his brief within the time • Equal division of opinion or majority cannot be
provided in this rule obtained
o Except: appellant is represented by a counsel de • Re-‐deliberated
oficio. • No decision still, judgment of conviction shall be
• If appellant escapes from prison or confinement, jumps reversed
his bail or flees to a foreign country during the • ACQUITTAL
pendency of the appeal.
IV – PROVISIONAL REMEDIES IN CRIMINAL CASES
GROUNDS FOR REVERSLA OF JUDGMENT OR ITS
MODIFICATION AVAILABILITY OF PROVISIONAL REMEDIES

CA is mandated NOT to reverse or modify UNLESS: 1. Provisional remedies in civil actions may be availed of
- After examination, it finds that error has been in connection with the civ action deemed instituted in
committed the crim. (in so far as applicable)
- Such error injuriously affects the rights of the 2. To avail of a provisional remedy, it must be one with a
appellant. corresponding civil liability.
a. Civil action must be arising from the offense
REVIEW OF CA DECISIONS charged
b. Instituted in the said criminal action
• Same as Civil Cases 3. Civil action is waived, reserved, instituted separately:
a. Provisional remedy must be applied for in the
APPLICABILITY OF RULES ON APPEAL IN THE CA TO THE SC separate civil action instituted
4. Offended party may have the property of the accused
• Unless otherwise provided by the CONSTI or LAW attached as security for the satisfaction of judgment.
o procedure in SC (original and appealed cases) 5. The accused shall prove not only his innocence, but the
shall be the same as in the C damages he may have also sustained arising from the
issuance of a provisional remedy in the case.

RULE IF THE OPINION OF THE SC EN BANC IS EQUALLY WHEN PRELIMINARY ATTACHMENT IS AVAILABLE
DIVIDED

a. when the accused is about to abscond
b. criminal action is based on a claim for money or
property embezzled or fraudulently
misapplied/converted to the use of the accused
who is a:
i. public officer
ii. officer of a corporation
iii. attorney
iv. factor
v. broker
vi. agent
vii. clerk
viii. any other person in a fiduciary capacity

or for a willful violation of duty.

c. accused has concealed, removed, or disposed
of his property, or is about to do so.
d. Accused resides outside the Philippines

6. The grounds are different from the grounds in a civil
case.
7. In letter B, the following has to be shown:
a. Criminal case is founded upon a claim of money
or property or was embezzled, fraudulently
misapplied or converted to the use of the
accused
b. That the accused occupies any of the positions
mentioned in Sec. 2 of Rule 127 or that he
committed a willful violation of duty.


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CRIMINAL PROCEDURE (THE BAR LECTURES SERIES) BY WILLARD B.

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