RULE 110 by any of them.

If the offended party dies or

becomes incapacitated before she can file the
Prosecution of Offenses complaint, and she has no known parents,
grandparents or guardian, the State shall initiate
Section 1. Institution of criminal actions. — the criminal action in her behalf.
Criminal actions shall be instituted as follows:
(a) For offenses where a preliminary investigation The offended party, even if a minor, has the right
is required pursuant to section 1 of Rule 112, by to initiate the prosecution of the offenses of
filing the complaint with the proper officer for the seduction, abduction and acts of lasciviousness
purpose of conducting the requisite preliminary independently of her parents, grandparents, or
investigation. guardian, unless she is incompetent or incapable
of doing so. Where the offended party, who is a
(b) For all other offenses, by filing the complaint minor, fails to file the complaint, her parents,
or information directly with the Municipal Trial grandparents, or guardian may file the same. The
Courts and Municipal Circuit Trial Courts, or the right to file the action granted to parents,
complaint with the office of the prosecutor. In grandparents or guardian shall be exclusive of all
Manila and other chartered cities, the complaint other persons and shall be exercised successively
shall be filed with the office of the prosecutor in the order herein provided, except as stated in
unless otherwise provided in their charters. the preceding paragraph.

The institution of the criminal action shall No criminal action for defamation which consists
interrupt the running period of prescription of the in the imputation of the offenses mentioned above
offense charged unless otherwise provided in shall be brought except at the instance of and upon
special laws. (1a) complaint filed by the offended party. (5a)

Section 2. The Complaint or information. — The The prosecution for violation of special laws shall
complaint or information shall be in writing, in the be governed by the provisions thereof.
name of the People of the Philippines and against
all persons who appear to be responsible for the Section 6. Sufficiency of complaint or information.
offense involved. (2a) — A complaint or information is sufficient if it
states the name of the accused; the designation of
Section 3. Complaint defined. — A complaint is a the offense given by the statute; the acts or
sworn written statement charging a person with omissions complained of as constituting the
an offense, subscribed by the offended party, any offense; the name of the offended party; the
peace officer, or other public officer charged with approximate date of the commission of the
the enforcement of the law violated. (3) offense; and the place where the offense was
committed.
Section 4. Information defined. — An information
is an accusation in writing charging a person with When an offense is committed by more than one
an offense, subscribed by the prosecutor and filed person, all of them shall be included in the
with the court. (4a) complaint or information. (6a)

Section 5. Who must prosecute criminal actions. — Section 7. Name of the accused. — The complaint
All criminal actions commenced by a complaint or or information must state the name and surname
information shall be prosecuted under the of the accused or any appellation or nickname by
direction and control of the prosecutor. However, which he has been or is known. If his name cannot
in Municipal Trial Courts or Municipal Circuit Trial be ascertained, he must be described under a
Courts when the prosecutor assigned thereto or to fictitious name with a statement that his true
the case is not available, the offended party, any name is unknown.
peace officer, or public officer charged with the
enforcement of the law violated may prosecute the If the true name of the accused is thereafter
case. This authority cease upon actual intervention disclosed by him or appears in some other manner
of the prosecutor or upon elevation of the case to to the court, such true name shall be inserted in
the Regional Trial Court. the complaint or information and record. (7a)

The crimes of adultery and concubinage shall not Section 8. Designation of the offense. — The
be prosecuted except upon a complaint filed by complaint or information shall state the
the offended spouse. The offended party cannot designation of the offense given by the statute,
institute criminal prosecution without including aver the acts or omissions constituting the offense,
the guilty parties, if both alive, nor, in any case, if and specify its qualifying and aggravating
the offended party has consented to the offense or circumstances. If there is no designation of the
pardoned the offenders. offense, reference shall be made to the section or
subsection of the statute punishing it. (8a)
The offenses of seduction, abduction and acts of
lasciviousness shall not be prosecuted except Section 9. Cause of the accusation. — The acts or
upon a complaint filed by the offended party or omissions complained of as constituting the
her parents, grandparents or guardian, nor, in any offense and the qualifying and aggravating
case, if the offender has been expressly pardoned circumstances must be stated in ordinary and
1
concise language and not necessarily in the information, can be made only upon motion by the
language used in the statute but in terms sufficient prosecutor, with notice to the offended party and
to enable a person of common understanding to with leave of court. The court shall state its
know what offense is being charged as well as its reasons in resolving the motion and copies of its
qualifying and aggravating circumstances and for order shall be furnished all parties, especially the
the court to pronounce judgment. (9a) offended party. (n)

Section 10. Place of commission of the offense. — If it appears at any time before judgment that a
The complaint or information is sufficient if it can mistake has been made in charging the proper
be understood from its allegations that the offense offense, the court shall dismiss the original
was committed or some of the essential complaint or information upon the filing of a new
ingredients occurred at some place within the one charging the proper offense in accordance
jurisdiction of the court, unless the particular with section 19, Rule 119, provided the accused
place where it was committed constitutes an shall not be placed in double jeopardy. The court
essential element of the offense or is necessary for may require the witnesses to give bail for their
its identification. (10a) appearance at the trial. (14a)

Section 11. Date of commission of the offense. — It Section 15. Place where action is to be instituted. —
is not necessary to state in the complaint or (a) Subject to existing laws, the criminal action
information the precise date the offense was shall be instituted and tried in the court of the
committed except when it is a material ingredient municipality or territory where the offense was
of the offense. The offense may be alleged to have committed or where any of its essential
been committed on a date as near as possible to ingredients occurred.
the actual date of its commission. (11a)
(b) Where an offense is committed in a train,
Section 12. Name of the offended party. — The aircraft, or other public or private vehicle while in
complaint or information must state the name and the course of its trip, the criminal action shall be
surname of the person against whom or against instituted and tried in the court of any
whose property the offense was committed, or any municipality or territory where such train, aircraft
appellation or nickname by which such person has or other vehicle passed during such its trip,
been or is known. If there is no better way of including the place of its departure and arrival.
identifying him, he must be described under a
fictitious name. (c) Where an offense is committed on board a
vessel in the course of its voyage, the criminal
(a) In offenses against property, if the name of the action shall be instituted and tried in the court of
offended party is unknown, the property must be the first port of entry or of any municipality or
described with such particularity as to properly territory where the vessel passed during such
identify the offense charged. voyage, subject to the generally accepted
principles of international law.
(b) If the true name of the of the person against
whom or against whose properly the offense was (d) Crimes committed outside the Philippines but
committed is thereafter disclosed or ascertained, punishable under Article 2 of the Revised Penal
the court must cause the true name to be inserted Code shall be cognizable by the court where the
in the complaint or information and the record. criminal action is first filed. (15a)
(c) If the offended party is a juridical person, it is
sufficient to state its name, or any name or Section 16. Intervention of the offended party in
designation by which it is known or by which it criminal action. — Where the civil action for
may be identified, without need of averring that it recovery of civil liability is instituted in the
is a juridical person or that it is organized in criminal action pursuant to Rule 111, the offended
accordance with law. (12a) party may intervene by counsel in the prosecution
of the offense. (16a)
Section 13. Duplicity of the offense. — A complaint
or information must charge but one offense,
except when the law prescribes a single RULE 111
punishment for various offenses. (13a) Prosecution of Civil Action
Section 14. Amendment or substitution. — A Section 1. Institution of criminal and civil
complaint or information may be amended, in actions. — (a) When a criminal action is instituted,
form or in substance, without leave of court, at any the civil action for the recovery of civil liability
time before the accused enters his plea. After the arising from the offense charged shall be deemed
plea and during the trial, a formal amendment instituted with the criminal action unless the
may only be made with leave of court and when it offended party waives the civil action, reserves the
can be done without causing prejudice to the right to institute it separately or institutes the civil
rights of the accused. action prior to the criminal action.
The reservation of the right to institute separately
However, any amendment before plea, which the civil action shall be made before the
downgrades the nature of the offense charged in prosecution starts presenting its evidence and
or excludes any accused from the complaint or under circumstances affording the offended party
2
a reasonable opportunity to make such trying the criminal action. In case of consolidation,
reservation. the evidence already adduced in the civil action
shall be deemed automatically reproduced in the
When the offended party seeks to enforce civil criminal action without prejudice to the right of
liability against the accused by way of moral, the prosecution to cross-examine the witnesses
nominal, temperate, or exemplary damages presented by the offended party in the criminal
without specifying the amount thereof in the case and of the parties to present additional
complaint or information, the filing fees thereof evidence. The consolidated criminal and civil
shall constitute a first lien on the judgment actions shall be tried and decided jointly.
awarding such damages.
During the pendency of the criminal action, the
Where the amount of damages, other than actual, running of the period of prescription of the civil
is specified in the complaint or information, the action which cannot be instituted separately or
corresponding filing fees shall be paid by the whose proceeding has been suspended shall be
offended party upon the filing thereof in court. tolled. (n)

Except as otherwise provided in these Rules, no The extinction of the penal action does not carry
filing fees shall be required for actual damages. with it extinction of the civil action. However, the
civil action based on delict shall be deemed
No counterclaim, cross-claim or third-party extinguished if there is a finding in a final
complaint may be filed by the accused in the judgment in the criminal action that the act or
criminal case, but any cause of action which could omission from which the civil liability may arise
have been the subject thereof may be litigated in a did not exist.
separate civil action. (1a) Section 3. When civil action may proceeded
independently. — In the cases provided for in
(b) The criminal action for violation of Batas Articles 32, 33, 34 and 2176 of the Civil Code of
Pambansa Blg. 22 shall be deemed to include the the Philippines, the independent civil action may
corresponding civil action. No reservation to file be brought by the offended party. It shall proceed
such civil action separately shall be allowed. independently of the criminal action and shall
require only a preponderance of evidence. In no
Upon filing of the aforesaid joint criminal and civil case, however, may the offended party recover
actions, the offended party shall pay in full the damages twice for the same act or omission
filing fees based on the amount of the check charged in the criminal action. (3a)
involved, which shall be considered as the actual
damages claimed. Where the complaint or Section 4. Effect of death on civil actions. — The
information also seeks to recover liquidated, death of the accused after arraignment and during
moral, nominal, temperate or exemplary damages, the pendency of the criminal action shall
the offended party shall pay additional filing fees extinguish the civil liability arising from the delict.
based on the amounts alleged therein. If the However, the independent civil action instituted
amounts are not so alleged but any of these under section 3 of this Rule or which thereafter is
damages are subsequently awarded by the court, instituted to enforce liability arising from other
the filing fees based on the amount awarded shall sources of obligation may be continued against the
constitute a first lien on the judgment. estate or legal representative of the accused after
proper substitution or against said estate, as the
Where the civil action has been filed separately case may be. The heirs of the accused may be
and trial thereof has not yet commenced, it may be substituted for the deceased without requiring the
consolidated with the criminal action upon appointment of an executor or administrator and
application with the court trying the latter case. If the court may appoint a guardian ad litem for the
the application is granted, the trial of both actions minor heirs.
shall proceed in accordance with section 2 of this
Rule governing consolidation of the civil and The court shall forthwith order said legal
criminal actions. (cir. 57-97) representative or representatives to appear and
be substituted within a period of thirty (30) days
Section 2. When separate civil action is suspended. from notice.
— After the criminal action has been commenced,
the separate civil action arising therefrom cannot A final judgment entered in favor of the offended
be instituted until final judgment has been entered party shall be enforced in the manner especially
in the criminal action. provided in these rules for prosecuting claims
against the estate of the deceased.
If the criminal action is filed after the said civil
action has already been instituted, the latter shall If the accused dies before arraignment, the case
be suspended in whatever stage it may be found shall be dismissed without prejudice to any civil
before judgment on the merits. The suspension action the offended party may file against the
shall last until final judgment is rendered in the estate of the deceased. (n)
criminal action. Nevertheless, before judgment on
the merits is rendered in the civil action, the same Section 5. Judgment in civil action not a bar. — A
may, upon motion of the offended party, be final judgment rendered in a civil action absolving
consolidated with the criminal action in the court the defendant from civil liability is not a bar to a
3
criminal action against the defendant for the same or, in their absence or unavailability, before a
act or omission subject of the civil action. notary public, each of who must certify that he
personally examined the affiants and that he is
Section 6. Suspension by reason of prejudicial satisfied that they voluntarily executed and
question. — A petition for suspension of the understood their affidavits.
criminal action based upon the pendency of a
prejudicial question in a civil action may be filed in (b) Within ten (10) days after the filing of the
the office of the prosecutor or the court complaint, the investigating officer shall either
conducting the preliminary investigation. When dismiss it if he finds no ground to continue with
the criminal action has been filed in court for trial, the investigation, or issue a subpoena to the
the petition to suspend shall be filed in the same respondent attaching to it a copy of the complaint
criminal action at any time before the prosecution and its supporting affidavits and documents.
rests. (6a)
The respondent shall have the right to examine the
Section 7. Elements of prejudicial question. — The evidence submitted by the complainant which he
elements of a prejudicial question are: (a) the may not have been furnished and to copy them at
previously instituted civil action involves an issue his expense. If the evidence is voluminous, the
similar or intimately related to the issue raised in complainant may be required to specify those
the subsequent criminal action, and (b) the which he intends to present against the
resolution of such issue determines whether or respondent, and these shall be made available for
not the criminal action may proceed. (5a) examination or copying by the respondent at his
expense.

RULE 112 Objects as evidence need not be furnished a party

but shall be made available for examination,
Preliminary Investigation copying, or photographing at the expense of the
requesting party.
Section 1. Preliminary investigation defined; when
required. — Preliminary investigation is an inquiry (c) Within ten (10) days from receipt of the
or proceeding to determine whether there is subpoena with the complaint and supporting
sufficient ground to engender a well-founded affidavits and documents, the respondent shall
belief that a crime has been committed and the submit his counter-affidavit and that of his
respondent is probably guilty thereof, and should witnesses and other supporting documents relied
be held for trial. upon for his defense. The counter-affidavits shall
Except as provided in section 7 of this Rule, a be subscribed and sworn to and certified as
preliminary investigation is required to be provided in paragraph (a) of this section, with
conducted before the filing of a complaint or copies thereof furnished by him to the
information for an offense where the penalty complainant. The respondent shall not be allowed
prescribed by law is at least four (4) years, two (2) to file a motion to dismiss in lieu of a counter-
months and one (1) day without regard to the fine. affidavit.

Section 2. Officers authorized to conduct (d) If the respondent cannot be subpoenaed, or if

preliminary investigations. — subpoenaed, does not submit counter-affidavits
The following may conduct preliminary within the ten (10) day period, the investigating
investigations: officer shall resolve the complaint based on the
(a) Provincial or City Prosecutors and their evidence presented by the complainant.
assistants;
(b) Judges of the Municipal Trial Courts and (e) The investigating officer may set a hearing if
Municipal Circuit Trial Courts; there are facts and issues to be clarified from a
(c) National and Regional State Prosecutors; and party or a witness. The parties can be present at
(d) Other officers as may be authorized by law. the hearing but without the right to examine or
Their authority to conduct preliminary cross-examine. They may, however, submit to the
investigations shall include all crimes cognizable investigating officer questions which may be
by the proper court in their respective territorial asked to the party or witness concerned.
jurisdictions.
The hearing shall be held within ten (10) days
Section 3. Procedure. — The preliminary from submission of the counter-affidavits and
investigation shall be conducted in the following other documents or from the expiration of the
manner: period for their submission. It shall be terminated
(a) The complaint shall state the address of the within five (5) days.
respondent and shall be accompanied by the
affidavits of the complainant and his witnesses, as (f) Within ten (10) days after the investigation, the
well as other supporting documents to establish investigating officer shall determine whether or
probable cause. They shall be in such number of not there is sufficient ground to hold the
copies as there are respondents, plus two (2) respondent for trial. (3a)
copies for the official file. The affidavits shall be
subscribed and sworn to before any prosecutor or Section 4. Resolution of investigating prosecutor
government official authorized to administer oath, and its review. — If the investigating prosecutor
4
finds cause to hold the respondent for trial, he undertaking or bail of the accused and the order
shall prepare the resolution and information. He for his release; (d) the transcripts of the
shall certify under oath in the information that he, proceedings during the preliminary investigation;
or as shown by the record, an authorized officer, and (e) the order of cancellation of his bail bond, if
has personally examined the complainant and his the resolution is for the dismissal of the complaint.
witnesses; that there is reasonable ground to
believe that a crime has been committed and that Within thirty (30) days from receipt of the
the accused is probably guilty thereof; that the records, the provincial or city prosecutor, or the
accused was informed of the complaint and of the Ombudsman or his deputy, as the case may be,
evidence submitted against him; and that he was shall review the resolution of the investigating
given an opportunity to submit controverting judge on the existence of probable cause. Their
evidence. Otherwise, he shall recommend the ruling shall expressly and clearly state the facts
dismissal of the complaint. and the law on which it is based and the parties
shall be furnished with copies thereof. They shall
Within five (5) days from his resolution, he shall order the release of an accused who is detained if
forward the record of the case to the provincial or no probable cause is found against him. (5a)
city prosecutor or chief state prosecutor, or to the
Ombudsman or his deputy in cases of offenses Section 6. When warrant of arrest may issue. —
cognizable by the Sandiganbayan in the exercise of (a) By the Regional Trial Court. — Within ten (10)
its original jurisdiction. They shall act on the days from the filing of the complaint or
resolution within ten (10) days from their receipt information, the judge shall personally evaluate
thereof and shall immediately inform the parties the resolution of the prosecutor and its supporting
of such action. evidence. He may immediately dismiss the case if
the evidence on record clearly fails to establish
No complaint or information may be filed or probable cause. If he finds probable cause, he shall
dismissed by an investigating prosecutor without issue a warrant of arrest, or a commitment order if
the prior written authority or approval of the the accused has already been arrested pursuant to
provincial or city prosecutor or chief state a warrant issued by the judge who conducted the
prosecutor or the Ombudsman or his deputy. preliminary investigation or when the complaint
Where the investigating prosecutor recommends or information was filed pursuant to section 7 of
the dismissal of the complaint but his this Rule. In case of doubt on the existence of
recommendation is disapproved by the provincial probable cause, the judge may order the
or city prosecutor or chief state prosecutor or the prosecutor to present additional evidence within
Ombudsman or his deputy on the ground that a five (5) days from notice and the issue must be
probable cause exists, the latter may, by himself, resolved by the court within thirty (30) days from
file the information against the respondent, or the filing of the complaint of information.
direct any other assistant prosecutor or state
prosecutor to do so without conducting another (b) By the Municipal Trial Court. — When required
preliminary investigation. pursuant to the second paragraph of section 1 of
this Rule, the preliminary investigation of cases
If upon petition by a proper party under such falling under the original jurisdiction of the
rules as the Department of Justice may prescribe Metropolitan Trial Court, Municipal Trial Court in
or motu proprio, the Secretary of Justice reverses Cities, Municipal Trial Court, or Municipal Circuit
or modifies the resolution of the provincial or city Trial Court may be conducted by either the judge
prosecutor or chief state prosecutor, he shall or the prosecutor. When conducted by the
direct the prosecutor concerned either to file the prosecutor, the procedure for the issuance of a
corresponding information without conducting warrant or arrest by the judge shall be governed
another preliminary investigation, or to dismiss or by paragraph (a) of this section. When the
move for dismissal of the complaint or investigation is conducted by the judge himself, he
information with notice to the parties. The same shall follow the procedure provided in section 3 of
rule shall apply in preliminary investigations this Rule. If the findings and recommendations are
conducted by the officers of the Office of the affirmed by the provincial or city prosecutor, or by
Ombudsman. (4a) the Ombudsman or his deputy, and the
corresponding information is filed, he shall issue a
Section 5. Resolution of investigating judge and its warrant of arrest. However, without waiting for
review. — Within ten (10) days after the the conclusion of the investigation, the judge may
preliminary investigation, the investigating judge issue a warrant of arrest if he finds after an
shall transmit the resolution of the case to the examination in writing and under oath of the
provincial or city prosecutor, or to the complainant and his witnesses in the form of
Ombudsman or his deputy in cases of offenses searching question and answers, that a probable
cognizable by the Sandiganbayan in the exercise of cause exists and that there is a necessity of placing
its original jurisdiction, for appropriate action. The the respondent under immediate custody in order
resolution shall state the findings of facts and the not to frustrate the ends of justice.
law supporting his action, together with the
record of the case which shall include: (a) the (c) When warrant of arrest not necessary. — A
warrant, if the arrest is by virtue of a warrant; (b) warrant of arrest shall not issue if the accused is
the affidavits, counter-affidavits and other already under detention pursuant to a warrant
supporting evidence of the parties; (c) the issued by the municipal trial court in accordance
5
with paragraph (b) of this section, or if the supporting documents submitted by the
complaint or information was filed pursuant to complainant within ten (10) days from its filing.
section 7 of this Rule or is for an offense penalized
by fine only. The court shall then proceed in the (b) If filed with the Municipal Trial Court. — If the
exercise of its original jurisdiction. (6a) complaint or information is filed directly with the
Municipal Trial Court or Municipal Circuit Trial
Section 7. When accused lawfully arrested without Court for an offense covered by this section, the
warrant. — When a person is lawfully arrested procedure in section 3(a) of this Rule shall be
without a warrant involving an offense which observed. If within ten (10) days after the filing of
requires a preliminary investigation, the the complaint or information, the judge finds no
complaint or information may be filed by a probable cause after personally evaluating the
prosecutor without need of such investigation evidence, or after personally examining in writing
provided an inquest has been conducted in and under oath the complainant and his witnesses
accordance with existing rules. In the absence or in the form of searching question and answers, he
unavailability of an inquest prosecutor, the shall dismiss the same. He may, however, require
complaint may be filed by the offended party or a the submission of additional evidence, within ten
peace office directly with the proper court on the (10) days from notice, to determine further the
basis of the affidavit of the offended party or existence of probable cause. If the judge still finds
arresting officer or person. no probable cause despite the additional evidence,
he shall, within ten (10) days from its submission
Before the complaint or information is filed, the or expiration of said period, dismiss the case.
person arrested may ask for a preliminary When he finds probable cause, he shall issue a
investigation in accordance with this Rule, but he warrant of arrest, or a commitment order if the
must sign a waiver of the provisions of Article 125 accused had already been arrested, and hold him
of the Revised Penal Code, as amended, in the for trial. However, if the judge is satisfied that
presence of his counsel. Notwithstanding the there is no necessity for placing the accused under
waiver, he may apply for bail and the investigation custody, he may issue summons instead of a
must be terminated within fifteen (15) days from warrant of arrest. (9a)
its inception.
RULE 113
After the filing of the complaint or information in
court without a preliminary investigation, the Arrest
accused may, within five (5) days from the time he Section 1. Definition of arrest. — Arrest is the
learns of its filing, ask for a preliminary taking of a person into custody in order that he
investigation with the same right to adduce may be bound to answer for the commission of an
evidence in his defense as provided in this Rule. offense.
(7a; sec. 2, R.A. No. 7438)
Section 2. Arrest; how made. — An arrest is made
Section 8. Records. — (a) Records supporting the by an actual restraint of a person to be arrested, or
information or complaint. — An information or by his submission to the custody of the person
complaint filed in court shall be supported by the making the arrest.
affidavits and counter-affidavits of the parties and
their witnesses, together with the other No violence or unnecessary force shall be used in
supporting evidence and the resolution on the making an arrest. The person arrested shall not be
case. subject to a greater restraint than is necessary for
his detention. (2a)
(b) Record of preliminary investigation. — The
record of the preliminary investigation, whether Section 3. Duty of arresting officer. — It shall be
conducted by a judge or a fiscal, shall not form the duty of the officer executing the warrant to
part of the record of the case. However, the court, arrest the accused and to deliver him to the
on its own initiative or on motion of any party, nearest police station or jail without unnecessary
may order the production of the record or any its delay.
part when necessary in the resolution of the case
or any incident therein, or when it is to be Section 4. Execution of warrant. — The head of
introduced as an evidence in the case by the the office to whom the warrant of arrest was
requesting party. (8a) delivered for execution shall cause the warrant to
be executed within ten (10) days from its receipt.
Section 9. Cases not requiring a preliminary Within ten (10) days after the expiration of the
investigation nor covered by the Rule on Summary period, the officer to whom it was assigned for
Procedure. — execution shall make a report to the judge who
(a) If filed with the prosecutor. — If the complaint issued the warrant. In case of his failure to execute
is filed directly with the prosecutor involving an the warrant, he shall state the reasons therefor.
offense punishable by imprisonment of less four
(4) years, two (2) months and one (1) day, the Section 5. Arrest without warrant; when lawful. —
procedure outlined in section 3(a) of this Rule A peace officer or a private person may, without a
shall be observed. The prosecutor shall act on the warrant, arrest a person:
complaint based on the affidavits and other

6
(a) When, in his presence, the person to be
arrested has committed, is actually committing, or Section 11. Right of officer to break into building
is attempting to commit an offense; or enclosure. — An officer, in order to make an
arrest either by virtue of a warrant, or without a
(b) When an offense has just been committed, and warrant as provided in section 5, may break into
he has probable cause to believe based on any building or enclosure where the person to be
personal knowledge of facts or circumstances that arrested is or is reasonably believed to be, if he is
the person to be arrested has committed it; and refused admittance thereto, after announcing his
authority and purpose. (11a)
(c) When the person to be arrested is a prisoner
who has escaped from a penal establishment or Section 12. Right to break out from building or
place where he is serving final judgment or is enclosure. — Whenever an officer has entered the
temporarily confined while his case is pending, or building or enclosure in accordance with the
has escaped while being transferred from one preceding section, he may break out therefrom
confinement to another. when necessary to liberate himself. (12a)
In cases falling under paragraph (a) and (b) above,
the person arrested without a warrant shall be Section 13. Arrest after escape or rescue. — If a
forthwith delivered to the nearest police station or person lawfully arrested escapes or is rescued, any
jail and shall be proceeded against in accordance person may immediately pursue or retake him
with section 7 of Rule 112. (5a) without a warrant at any time and in any place
within the Philippines. (13)
Section 6. Time of making arrest. — An arrest may
be made on any day and at any time of the day or Section 14. Right of attorney or relative to visit
night. (6) person arrested. — Any member of the Philippine
Bar shall, at the request of the person arrested or
Section 7. Method of arrest by officer by virtue of of another acting in his behalf, have the right to
warrant. — When making an arrest by virtue of a visit and confer privately with such person in the
warrant, the officer shall inform the person to be jail or any other place of custody at any hour of the
arrested of the cause of the arrest and of the fact day or night. Subject to reasonable regulations, a
that a warrant has been issued for his arrest, relative of the person arrested can also exercise
except when he flees or forcibly resists before the the same right. (14a)
officer has opportunity to so inform him, or when
the giving of such information will imperil the
arrest. The officer need not have the warrant in his RULE 114
possession at the time of the arrest but after the
arrest, if the person arrested so requires, the Bail
warrant shall be shown to him as soon as
practicable. (7a) Section 1. Bail defined. — Bail is the security given
for the release of a person in custody of the law,
Section 8. Method of arrest by officer without furnished by him or a bondsman, to guarantee his
warrant. — When making an arrest without a appearance before any court as required under
warrant, the officer shall inform the person to be the conditions hereinafter specified. Bail may be
arrested of his authority and the cause of the given in the form of corporate surety, property
arrest, unless the latter is either engaged in the bond, cash deposit, or recognizance. (1a)
commission of an offense, is pursued immediately
after its commission, has escaped, flees or forcibly Section 2. Conditions of the bail; requirements. —
resists before the officer has opportunity so to All kinds of bail are subject to the following
inform him, or when the giving of such conditions:
information will imperil the arrest. (a) The undertaking shall be effective upon
approval, and unless cancelled, shall remain in
Section 9. Method of arrest by private person. — force at all stages of the case until promulgation of
When making an arrest, a private person shall the judgment of the Regional Trial Court,
inform the person to be arrested of the intention irrespective of whether the case was originally
to arrest him and cause of the arrest, unless the filed in or appealed to it;
latter is either engaged in the commission of an
offense, is pursued immediately after its (b) The accused shall appear before the proper
commission, or has escaped, flees, or forcibly court whenever required by the court of these
resists before the person making the arrest has Rules;
opportunity to so inform him, or when the giving
of such information will imperil the arrest. (9a) (c) The failure of the accused to appear at the trial
without justification and despite due notice shall
Section 10. Officer may summon assistance. — An be deemed a waiver of his right to be present
officer making a lawful arrest may orally summon thereat. In such case, the trial may proceed
as many persons as he deems necessary to assist in absentia; and
him in effecting the arrest. Every person so
summoned by an officer shall assist him in (d) The bondsman shall surrender the accused to
effecting the arrest when he can render such the court for execution of the final judgment.
assistance without detriment to himself. (10a)
7
The original papers shall state the full name and Regional Trial Court after notice to the adverse
address of the accused, the amount of the party in either case. (5a)
undertaking and the conditions herein required.
Photographs (passport size) taken within the last Section 6. Capital offense defined. — A capital
six (6) months showing the face, left and right offense is an offense which, under the law existing
profiles of the accused must be attached to the at the time of its commission and of the
bail. (2a) application for admission to bail, may be punished
with death. (6a)
Section 3. No release or transfer except on court
order or bail. — No person under detention by Section 7. Capital offense of an offense punishable
legal process shall be released or transferred by reclusion perpetua or life imprisonment, not
except upon order of the court or when he is bailable. — No person charged with a capital
admitted to bail. (3a) offense, or an offense punishable by reclusion
perpetua or life imprisonment, shall be admitted
Section 4. Bail, a matter of right; exception. — All to bail when evidence of guilt is strong, regardless
persons in custody shall be admitted to bail as a of the stage of the criminal prosecution. (7a)
matter of right, with sufficient sureties, or released
on recognize as prescribed by law or this Rule (a) Section 8. Burden of proof in bail application. — At
before or after conviction by the Metropolitan the hearing of an application for bail filed by a
Trial Court, Municipal Trial Court, Municipal Trial person who is in custody for the commission of an
Court in Cities, or Municipal Circuit Trial Court, offense punishable by death, reclusion perpetua, or
and (b) before conviction by the Regional Trial life imprisonment, the prosecution has the burden
Court of an offense not punishable by of showing that evidence of guilt is strong. The
death, reclusion perpetua, or life imprisonment. evidence presented during the bail hearing shall
(4a) be considered automatically reproduced at the
trial, but upon motion of either party, the court
Section 5. Bail, when discretionary. — Upon may recall any witness for additional examination
conviction by the Regional Trial Court of an unless the latter is dead, outside the Philippines,
offense not punishable by death, reclusion or otherwise unable to testify. (8a)
perpetua, or life imprisonment, admission to bail is
discretionary. The application for bail may be filed Section 9. Amount of bail; guidelines. — The judge
and acted upon by the trial court despite the filing who issued the warrant or granted the application
of a notice of appeal, provided it has not shall fix a reasonable amount of bail considering
transmitted the original record to the appellate primarily, but not limited to, the following factors:
court. However, if the decision of the trial court (a) Financial ability of the accused to give bail;
convicting the accused changed the nature of the (b) Nature and circumstances of the offense;
offense from non-bailable to bailable, the (c) Penalty for the offense charged;
application for bail can only be filed with and (d) Character and reputation of the accused;
resolved by the appellate court. (e) Age and health of the accused;
(f) Weight of the evidence against the accused;
Should the court grant the application, the accused (g) Probability of the accused appearing at the
may be allowed to continue on provisional liberty trial;
during the pendency of the appeal under the same (h) Forfeiture of other bail;
bail subject to the consent of the bondsman. (i) The fact that accused was a fugitive from justice
when arrested; and
If the penalty imposed by the trial court is (j) Pendency of other cases where the accused is
imprisonment exceeding six (6) years, the accused on bail.
shall be denied bail, or his bail shall be cancelled Excessive bail shall not be required. (9a)
upon a showing by the prosecution, with notice to
the accused, of the following or other similar Section 10. Corporate surety. — Any domestic or
circumstances: foreign corporation, licensed as a surety in
accordance with law and currently authorized to
(a) That he is a recidivist, quasi-recidivist, or act as such, may provide bail by a bond subscribed
habitual delinquent, or has committed the crime jointly by the accused and an officer of the
aggravated by the circumstance of reiteration; corporation duly authorized by its board of
(b) That he has previously escaped from legal directors. (10a)
confinement, evaded sentence, or violated the
conditions of his bail without valid justification; Section 11. Property bond, how posted. — A
(c) That he committed the offense while under property bond is an undertaking constituted as
probation, parole, or conditional pardon; lien on the real property given as security for the
(d) That the circumstances of his case indicate the amount of the bail. Within ten (10) days after the
probability of flight if released on bail; or approval of the bond, the accused shall cause the
(e) That there is undue risk that he may commit annotation of the lien on the certificate of title on
another crime during the pendency of the appeal. file with the Register of Deeds if the land is
registered, or if unregistered, in the Registration
The appellate court may, motu proprio or on Book on the space provided therefor, in the
motion of any party, review the resolution of the Registry of Deeds for the province or city where
the land lies, and on the corresponding tax
8
declaration in the office of the provincial, city and he shall be released immediately, without
municipal assessor concerned. prejudice to the continuation of the trial or the
proceedings on appeal. If the maximum penalty to
Within the same period, the accused shall submit which the accused may be sentenced is destierro,
to the court his compliance and his failure to do so he shall be released after thirty (30) days of
shall be sufficient cause for the cancellation of the preventive imprisonment.
property bond and his re-arrest and detention.
(11a) A person in custody for a period equal to or more
than the minimum of the principal penalty
Section 12. Qualifications of sureties in property prescribed for the offense charged, without
bond. — The qualification of sureties in a property application of the Indeterminate Sentence Law or
bond shall be as follows: any modifying circumstance, shall be released on a
reduced bail or on his own recognizance, at the
(a) Each must be a resident owner of real estate discretion of the court. (16a)
within the Philippines;
(b) Where there is only one surety, his real estate Section 17. Bail, where filed. — (a) Bail in the
must be worth at least the amount of the amount fixed may be filed with the court where
undertaking; the case is pending, or in the absence or
(c) If there are two or more sureties, each may unavailability of the judge thereof, with any
justify in an amount less than that expressed in the regional trial judge, metropolitan trial judge,
undertaking but the aggregate of the justified municipal trial judge, or municipal circuit trial
sums must be equivalent to the whole amount of judge in the province, city, or municipality. If the
bail demanded. accused is arrested in a province, city, or
In all cases, every surety must be worth the municipality other than where the case is pending,
amount specified in his own undertaking over and bail may also be filed with any regional trial court
above all just debts, obligations and properties of said place, or if no judge thereof is available,
exempt from execution. (12a) with any metropolitan trial judge, municipal trial
judge, or municipal circuit trial judge therein.
Section 13. Justification of sureties. — Every
surety shall justify by affidavit taken before the (b) Where the grant of bail is a matter of
judge that he possesses the qualifications discretion, or the accused seeks to be released on
prescribed in the preceding section. He shall recognizance, the application may only be filed in
describe the property given as security, stating the the court where the case is pending, whether on
nature of his title, its encumbrances, the number preliminary investigation, trial, or on appeal.
and amount of other bails entered into by him and
still undischarged, and his other liabilities. The (c) Any person in custody who is not yet charged
court may examine the sureties upon oath in court may apply for bail with any court in the
concerning their sufficiency in such manner as it province, city, or municipality where he is held.
may deem proper. No bail shall be approved (17a)
unless the surety is qualified. (13a)
Section 18. Notice of application to prosecutor. —
Section 14. Deposit of cash as bail. — The accused In the application for bail under section 8 of this
or any person acting in his behalf may deposit in Rule, the court must give reasonable notice of the
cash with the nearest collector or internal revenue hearing to the prosecutor or require him to submit
or provincial, city, or municipal treasurer the his recommendation. (18a)
amount of bail fixed by the court, or recommended
by the prosecutor who investigated or filed the Section 19. Release on bail. — The accused must
case. Upon submission of a proper certificate of be discharged upon approval of the bail by the
deposit and a written undertaking showing judge with whom it was filed in accordance with
compliance with the requirements of section 2 of section 17 of this Rule.
this Rule, the accused shall be discharged from Whenever bail is filed with a court other than
custody. The money deposited shall be considered where the case is pending, the judge who accepted
as bail and applied to the payment of fine and the bail shall forward it, together with the order of
costs while the excess, if any, shall be returned to release and other supporting papers, to the court
the accused or to whoever made the deposit. (14a) where the case is pending, which may, for good
reason, require a different one to be filed. (19a)
Section 15. Recognizance. — Whenever allowed
by law or these Rules, the court may release a Section 20. Increase or reduction of bail. — After
person in custody to his own recognizance or that the accused is admitted to bail, the court may,
of a responsible person. (15a) upon good cause, either increase or reduce its
amount. When increased, the accused may be
Section 16. Bail, when not required; reduced bail committed to custody if he does not give bail in the
or recognizance. — No bail shall be required when increased amount within a reasonable period. An
the law or these Rules so provide. accused held to answer a criminal charge, who is
released without bail upon filing of the complaint
When a person has been in custody for a period or information, may, at any subsequent stage of
equal to or more than the possible maximum the proceedings and whenever a strong showing
imprisonment prescribe for the offense charged, of guilt appears to the court, be required to give
9
bail in the amount fixed, or in lieu thereof, municipal jails and their prisoners within their
committed to custody. (20a) respective jurisdictions. They shall ascertain the
number of detainees, inquire on their proper
Section 21. Forfeiture of bond. — When the accommodation and health and examine the
presence of the accused is required by the court or condition of the jail facilities. They shall order the
these Rules, his bondsmen shall be notified to segregation of sexes and of minors from adults,
produce him before the court on a given date and ensure the observance of the right of detainees to
time. If the accused fails to appear in person as confer privately with counsel, and strive to
required, his bail shall be declared forfeited and eliminate conditions inimical to the detainees.
the bondsmen given thirty (30) days within which
to produce their principal and to show cause why In cities and municipalities to be specified by the
no judgment should be rendered against them for Supreme Court, the municipal trial judges or
the amount of their bail. Within the said period, municipal circuit trial judges shall conduct
the bondsmen must: monthly personal inspections of the municipal
jails in their respective municipalities and submit
(a) produce the body of their principal or give the a report to the executive judge of the Regional
reason for his non-production; and Trial Court having jurisdiction therein.
(b) explain why the accused did not appear before
the court when first required to do so. A monthly report of such visitation shall be
submitted by the executive judges to the Court
Failing in these two requisites, a judgment shall be Administrator which shall state the total number
rendered against the bondsmen, jointly and of detainees, the names of those held for more
severally, for the amount of the bail. The court than thirty (30) days, the duration of detention,
shall not reduce or otherwise mitigate the liability the crime charged, the status of the case, the cause
of the bondsmen, unless the accused has been for detention, and other pertinent information.
surrendered or is acquitted. (21a) (25a)

Section 22. Cancellation of bail. — Upon Section 26. Bail not a bar to objections on illegal
application of the bondsmen, with due notice to arrest, lack of or irregular preliminary
the prosecutor, the bail may be cancelled upon investigation. — An application for or admission to
surrender of the accused or proof of his death. bail shall not bar the accused from challenging the
The bail shall be deemed automatically cancelled validity of his arrest or the legality of the warrant
upon acquittal of the accused, dismissal of the issued therefor, or from assailing the regularity or
case, or execution of the judgment of conviction. questioning the absence of a preliminary
In all instances, the cancellation shall be without investigation of the charge against him, provided
prejudice to any liability on the bond. (22a) that he raises them before entering his plea. The
court shall resolve the matter as early as
Section 23. Arrest of accused out on bail. — For practicable but not later than the start of the trial
the purpose of surrendering the accused, the of the case.
bondsmen may arrest him or, upon written
authority endorsed on a certified copy of the
undertaking, cause him to be arrested by a police RULE 115
officer or any other person of suitable age and
discretion. Rights of Accused
Section 1. Rights of accused at the trial. — In all
An accused released on bail may be re-arrested criminal prosecutions, the accused shall be
without the necessity of a warrant if he attempts entitled to the following rights:
to depart from the Philippines without permission (a) To be presumed innocent until the contrary is
of the court where the case is pending. (23a) proved beyond reasonable doubt.
(b) To be informed of the nature and cause of the
Section 24. No bail after final judgment; exception. accusation against him.
— No bail shall be allowed after the judgment of (c) To be present and defend in person and by
conviction has become final. If before such finality, counsel at every stage of the proceedings, from
the accused has applies for probation, he may be arraignment to promulgation of the judgment. The
allowed temporary liberty under his bail. When no accused may, however, waive his presence at the
bail was filed or the accused is incapable of filing trial pursuant to the stipulations set forth in his
one, the court may allow his release on bail, unless his presence is specifically ordered by
recognizance to the custody of a responsible the court for purposes of identification. The
member of the community. In no case shall bail be absence of the accused without justifiable cause at
allowed after the accused has commenced to serve the trial of which he had notice shall be considered
sentence. (24a) a waiver of his right to be present thereat. When
an accused under custody escapes, he shall be
Section 25. Court supervision of detainees. — The deemed to have waived his right to be present on
court shall exercise supervision over all persons in all subsequent trial dates until custody over him is
custody for the purpose of eliminating regained. Upon motion, the accused may be
unnecessary detention. The executive judges of allowed to defend himself in person when it
the Regional Trial Courts shall conduct monthly sufficiently appears to the court that he can
personal inspections of provincial, city, and
10
properly protect his right without the assistance of necessarily included in the offense charged with
counsel. the conformity of the trial prosecutor alone. (cir.
(d) To testify as a witness in his own behalf but 1-89)
subject to cross-examination on matters covered (g) Unless a shorter period is provided by special
by direct examination. His silence shall not in any law or Supreme Court circular, the arraignment
manner prejudice him. shall be held within thirty (30) days from the date
(e) To be exempt from being compelled to be a the court acquires jurisdiction over the person of
witness against himself. the accused. The time of the pendency of a motion
(f) To confront and cross-examine the witnesses to quash or for a bill of particulars or other causes
against him at the trial. Either party may utilize as justifying suspension of the arraignment shall be
part of its evidence the testimony of a witness who excluded in computing the period. (sec. 2, cir. 38-
is deceased, out of or can not with due diligence be 98)
found in the Philippines, unavailable or otherwise
unable to testify, given in another case or Section 2. Plea of guilty to a lesser offense. — At
proceeding, judicial or administrative, involving arraignment, the accused, with the consent of the
the same parties and subject matter, the adverse offended party and the prosecutor, may be
party having the opportunity to cross-examine allowed by the trial court to plead guilty to a lesser
him. offense which is necessarily included in the
(g) To have compulsory process issued to secure offense charged. After arraignment but before
the attendance of witnesses and production of trial, the accused may still be allowed to plead
other evidence in his behalf. guilty to said lesser offense after withdrawing his
(h) To have speedy, impartial and public trial. plea of not guilty. No amendment of the complaint
(i) To appeal in all cases allowed and in the or information is necessary. (sec. 4, circ. 38-98)
manner prescribed by law. (1a)
Section 3. Plea of guilty to capital
offense; reception of evidence. — When the accused
RULE 116 pleads guilty to a capital offense, the court shall
conduct a searching inquiry into the voluntariness
Arraignment and Plea and full comprehension of the consequences of his
plea and require the prosecution to prove his guilt
Section 1. Arraignment and plea; how made. — and the precise degree of culpability. The accused
(a) The accused must be arraigned before the may present evidence in his behalf. (3a)
court where the complaint or information was
filed or assigned for trial. The arraignment shall be Section 4. Plea of guilty to non-capital
made in open court by the judge or clerk by offense; reception of evidence, discretionary. —
furnishing the accused with a copy of the When the accused pleads guilty to a non-capital
complaint or information, reading the same in the offense, the court may receive evidence from the
language or dialect known to him, and asking him parties to determine the penalty to be imposed.
whether he pleads guilty or not guilty. The
prosecution may call at the trial witnesses other Section 5. Withdrawal of improvident plea of
than those named in the complaint or information. guilty. — At any time before the judgment of
(b) The accused must be present at the conviction becomes final, the court may permit an
arraignment and must personally enter his plea. improvident plea of guilty to be withdrawn and be
Both arraignment and plea shall be made of substituted by a plea of not guilty. (5)
record, but failure to do so shall not affect the
validity of the proceedings. Section 6. Duty of court to inform accused of his
(c) When the accused refuses to plead or makes a right to counsel. — Before arraignment, the court
conditional plea, a plea of not guilty shall be shall inform the accused of his right to counsel and
entered for him. (1a) ask him if he desires to have one. Unless the
(d) When the accused pleads guilty but presents accused is allowed to defend himself in person or
exculpatory evidence, his plea shall be deemed has employed a counsel of his choice, the court
withdrawn and a plea of not guilty shall be must assign a counsel de oficio to defend him. (6a)
entered for him. (n) Section 7. Appointment of counsel de oficio. — The
(e) When the accused is under preventive court, considering the gravity of the offense and
detention, his case shall be raffled and its records the difficulty of the questions that may arise, shall
transmitted to the judge to whom the case was appoint as counsel de oficio only such members of
raffled within three (3) days from the filing of the the bar in good standing who, by reason of their
information or complaint. The accused shall be experience and ability, can competently defend
arraigned within ten (10) days from the date of the accused. But in localities where such members
the raffle. The pre-trial conference of his case shall of the bar are not available, the court may appoint
be held within ten (10) days after arraignment. (n) any person, resident of the province and of good
(f) The private offended party shall be required to repute for probity and ability, to defend the
appear at the arraignment for purposes of plea accused. (7a)
bargaining, determination of civil liability, and
other matters requiring his presence. In case of Section 8. Time for counsel de oficio to prepare for
failure of the offended party to appear despite due arraignment. — Whenever a counsel de oficio is
notice, the court may allow the accused to enter a appointed by the court to defend the accused at
plea of guilty to a lesser offense which is the arraignment, he shall be given a reasonable
11
time to consult with the accused as to his plea Section 3. Grounds. — The accused may move to
before proceeding with the arraignment. (8) quash the complaint or information on any of the
following grounds:
Section 9. Bill of particulars. — The accused may, (a) That the facts charged do not constitute an
before arraignment, move for a bill of particulars offense;
to enable him properly to plead and to prepare for (b) That the court trying the case has no
trial. The motion shall specify the alleged defects jurisdiction over the offense charged;
of the complaint or information and the details (c) That the court trying the case has no
desired. (10a) jurisdiction over the person of the accused;
(d) That the officer who filed the information had
Section 10. Production or inspection of material no authority to do so;
evidence in possession of prosecution. — Upon (e) That it does not conform substantially to the
motion of the accused showing good cause and prescribed form;
with notice to the parties, the court, in order to (f) That more than one offense is charged except
prevent surprise, suppression, or alteration, may when a single punishment for various offenses is
order the prosecution to produce and permit the prescribed by law;
inspection and copying or photographing of any (g) That the criminal action or liability has been
written statement given by the complainant and extinguished;
other witnesses in any investigation of the offense (h) That it contains averments which, if true,
conducted by the prosecution or other would constitute a legal excuse or justification;
investigating officers, as well as any designated and
documents, papers, books, accounts, letters, (i) That the accused has been previously convicted
photographs, objects or tangible things not or acquitted of the offense charged, or the case
otherwise privileged, which constitute or contain against him was dismissed or otherwise
evidence material to any matter involved in the terminated without his express consent. (3a)
case and which are in the possession or under the
control of the prosecution, police, or other law Section 4. Amendment of the complaint or
investigating agencies. (11a) information. — If the motion to quash is based on
an alleged defect of the complaint or information
Section 11. Suspension of arraignment. — Upon which can be cured by amendment, the court shall
motion by the proper party, the arraignment shall order that an amendment be made. (4a)
be suspended in the following cases:
If it is based on the ground that the facts charged
(a) The accused appears to be suffering from an do not constitute an offense, the prosecution shall
unsound mental condition which effective renders be given by the court an opportunity to correct the
him unable to fully understand the charge against defect by amendment. The motion shall be granted
him and to plead intelligently thereto. In such case, if the prosecution fails to make the amendment, or
the court shall order his mental examination and, the complaint or information still suffers from the
if necessary, his confinement for such purpose; same defect despite the amendment. (n)

(b) There exists a prejudicial question; and Section 5. Effect of sustaining the motion to quash.
— If the motion to quash is sustained, the court
(c) A petition for review of the resolution of the may order that another complaint or information
prosecutor is pending at either the Department of be filed except as provided in section 6 of this rule.
Justice, or the Office of the President; provided, If the order is made, the accused, if in custody,
that the period of suspension shall not exceed shall not be discharged unless admitted to bail. If
sixty (60) days counted from the filing of the no order is made or if having been made, no new
petition with the reviewing office. (12a) information is filed within the time specified in the
order or within such further time as the court may
allow for good cause, the accused, if in custody,
shall be discharged unless he is also in custody for
another charge. (5a)
RULE 117 Section 6. Order sustaining the motion to quash
not a bar to another prosecution; exception. — An
Motion to Quash order sustaining the motion to quash is not a bar
Section 1. Time to move to quash. — At any time to another prosecution for the same offense unless
before entering his plea, the accused may move to the motion was based on the grounds specified in
quash the complaint or information. (1) section 3 (g) and (i) of this Rule. (6a)

Section 2. Form and contents. — The motion to Section 7. Former conviction or acquittal; double
quash shall be in writing, signed by the accused or jeopardy. — When an accused has been convicted
his counsel and shall distinctly specify its factual or acquitted, or the case against him dismissed or
and legal grounds. The court shall consider no otherwise terminated without his express consent
ground other than those stated in the motion, by a court of competent jurisdiction, upon a valid
except lack of jurisdiction over the offense complaint or information or other formal charge
charged. (2a) sufficient in form and substance to sustain a
conviction and after the accused had pleaded to
the charge, the conviction or acquittal of the
12
accused or the dismissal of the case shall be a bar circulars of the Supreme Court, order a pre-trial
to another prosecution for the offense charged, or conference to consider the following:
for any attempt to commit the same or frustration (a) plea bargaining;
thereof, or for any offense which necessarily (b) stipulation of facts;
includes or is necessarily included in the offense (c) marking for identification of evidence of the
charged in the former complaint or information. parties;
However, the conviction of the accused shall not (d) waiver of objections to admissibility of
be a bar to another prosecution for an offense evidence;
which necessarily includes the offense charged in (e) modification of the order of trial if the accused
the former complaint or information under any of admits the charge but interposes a lawful defense;
the following instances: and
(f) such other matters as will promote a fair and
(a) the graver offense developed due to expeditious trial of the criminal and civil aspects
supervening facts arising from the same act or of the case. (secs. 2 and 3, cir. 38-98)
omission constituting the former charge;
(b) the facts constituting the graver charge Section 2. Pre-trial agreement. — All agreements
became known or were discovered only after a or admissions made or entered during the pre-
plea was entered in the former complaint or trial conference shall be reduced in writing and
information; or signed by the accused and counsel, otherwise, they
(c) the plea of guilty to the lesser offense was cannot be used against the accused. The
made without the consent of the prosecutor and of agreements covering the matters referred to in
the offended party except as provided in section 1 section 1 of this Rule shall be approved by the
(f) of Rule 116. court. (sec. 4, cir. 38-98)
In any of the foregoing cases, where the accused
satisfies or serves in whole or in part the Section 3. Non-appearance at pre-trial conference.
judgment, he shall be credited with the same in — If the counsel for the accused or the prosecutor
the event of conviction for the graver offense. (7a) does not appear at the pre-trial conference and
does not offer an acceptable excuse for his lack of
Section 8. Provisional dismissal. — A case shall not cooperation, the court may impose proper
be provisionally dismissed except with the express sanctions or penalties. (se. 5, cir. 38-98)
consent of the accused and with notice to the
offended party. Section 4. Pre-trial order. — After the pre-trial
conference, the court shall issue an order reciting
The provisional dismissal of offenses punishable the actions taken, the facts stipulated, and
by imprisonment not exceeding six (6) years or a evidence marked. Such order shall bind the
fine of any amount, or both, shall become parties, limit the trial to matters not disposed of,
permanent one (1) year after issuance of the order and control the course of the action during the
without the case having been revived. With trial, unless modified by the court to prevent
respect to offenses punishable by imprisonment of manifest injustice. (3)
more than six (6) years, their provisional
dismissal shall become permanent two (2) years
after issuance of the order without the case having RULE 119
been revived. (n)
Trial
Section 9. Failure to move to quash or to allege Section 1. Time to prepare for trial. — After a plea
any ground therefor. — The failure of the accused of not guilty is entered, the accused shall have at
to assert any ground of a motion to quash before least fifteen (15) days to prepare for trial. The trial
he pleads to the complaint or information, either shall commence within thirty (30) days from
because he did not file a motion to quash or failed receipt of the pre-trial order. (sec. 6, cir. 38-98)
to allege the same in said motion, shall be deemed Section 2. Continuous trial until
a waiver of any objections based on the grounds terminated; postponements. — Trial once
provided for in paragraphs (a), (b), (g), and (i) of commenced shall continue from day to day as far
section 3 of this Rule. (8) as practicable until terminated. It may be
postponed for a reasonable period of time for
good cause. (2a)

RULE 118 The court shall, after consultation with the

Pre-Trial prosecutor and defense counsel, set the case for
Section 1. Pre-trial; mandatory in criminal cases. continuous trial on a weekly or other short-term
— In all criminal cases cognizable by the trial calendar at the earliest possible time so as to
Sandiganbayan, Regional Trial Court, Metropolitan ensure speedy trial. In no case shall the entire trial
Trial Court, Municipal Trial Court in Cities, period exceed one hundred eighty (180) days
Municipal Trial Court and Municipal Circuit Trial from the first day of trial, except as otherwise
Court, the court shall after arraignment and within authorized by the Supreme Court. (sec. 8, cir. 38-
thirty (30) days from the date the court acquires 98).
jurisdiction over the person of the accused, unless
a shorter period is provided for in special laws or The time limitations provided under this section
and the preceding section shall not apply where
13
special laws or circulars of the Supreme Court considered by a court in determining whether to
provide for a shorter period of trial. (n) grant a continuance under section 3(f) of this Rule.

Section 3. Exclusions. — The following periods of (a) Whether or not the failure to grant a
delay shall be excluded in computing the time continuance in the proceeding would likely make a
within which trial must commence: continuation of such proceeding impossible or
(a) Any period of delay resulting from other result in a miscarriage of justice; and
proceedings concerning the accused, including but
not limited to the following: (b) Whether or not the case taken as a whole is so
(1) Delay resulting from an examination of the novel, unusual and complex, due to the number of
physical and mental condition of the accused; accused or the nature of the prosecution, or that it
(2) Delay resulting from proceedings with respect is unreasonable to expect adequate preparation
to other criminal charges against the accused; within the periods of time established therein.
(3) Delay resulting from extraordinary remedies
against interlocutory orders; In addition, no continuance under section 3(f) of
(4) Delay resulting from pre-trial proceedings; this Rule shall be granted because of congestion of
provided, that the delay does not exceed thirty the court's calendar or lack of diligent preparation
(30) days; or failure to obtain available witnesses on the part
(5) Delay resulting from orders of inhibition, or of the prosecutor. (sec. 10, cir. 38-98)
proceedings relating to change of venue of cases
or transfer from other courts; Section 5. Time limit following an order for new
(6) Delay resulting from a finding of the existence trial. — If the accused is to be tried again pursuant
of a prejudicial question; and to an order for a new trial, the trial shall
(7) Delay reasonably attributable to any period, commence within thirty (30) days from notice of
not exceed thirty (30) days, during which any the order, provided that if the period becomes
proceeding which any proceeding concerning the impractical due to unavailability of witnesses and
accused is actually under advisement. other factors, the court may extend it but not to
exceed one hundred eighty (180) days from notice
(b) Any period of delay resulting from the absence of said order for a new trial. (sec. 11, cir. 38-98)
or unavailability of an essential witness.
For purposes of this subparagraph, an essential Section 6. Extended time limit. — Notwithstanding
witness shall be considered absent when his the provisions of section 1(g), Rule 116 and the
whereabouts are unknown or his whereabouts preceding section 1, for the first twelve-calendar-
cannot be determined by due diligence. He shall be month period following its effectivity on
considered unavailable whenever his September 15, 1998, the time limit with respect to
whereabouts are known but his presence for trial the period from arraignment to trial imposed by
cannot be obtained by due diligence. said provision shall be one hundred eighty (180)
days. For the second twelve-month period, the
(c) Any period of delay resulting from the mental limit shall be one hundred twenty (120) days, and
incompetence or physical inability of the accused for the third twelve-month period, the time limit
to stand trial. shall be eighty (80) days. (sec. 7, cir. 38-98)

(d) If the information is dismissed upon motion of Section 7. Public attorney's duties where accused is
the prosecution and thereafter a charge is filed imprisoned. — If the public attorney assigned to
against the accused for the same offense, any defend a person charged with a crime knows that
period of delay from the date the charge was the latter is preventively detained, either because
dismissed to the date the time limitation would he is charged with a bailable crime but has no
commence to run as to the subsequent charge had means to post bail, or, is charged with a non-
there been no previous charge. bailable crime, or, is serving a term of
imprisonment in any penal institution, it shall be
(e) A reasonable period of delay when the accused his duty to do the following:
is joined for trial with a co-accused over whom the (a) Shall promptly undertake to obtain the
court has not acquired jurisdiction, or, as to whom presence of the prisoner for trial or cause a notice
the time for trial has not run and no motion for to be served on the person having custody of the
separate trial has been granted. prisoner requiring such person to so advise the
prisoner of his right to demand trial.
(f) Any period of delay resulting from a
continuance granted by any court motu proprio, or (b) Upon receipt of that notice, the custodian of
on motion of either the accused or his counsel, or the prisoner shall promptly advise the prisoner of
the prosecution, if the court granted the the charge and of his right to demand trial. If at
continuance on the basis of its findings set forth in anytime thereafter the prisoner informs his
the order that the ends of justice served by taking custodian that he demands such trial, the latter
such action outweigh the best interest of the shall cause notice to that effect to sent promptly to
public and the accused in a speedy trial. (sec. 9, cir. the public attorney.
38-98)
(c) Upon receipt of such notice, the public attorney
Section 4. Factors for granting continuance. — shall promptly seek to obtain the presence of the
The following factors, among others, shall be prisoner for trial.
14
 (a) The prosecution shall present evidence to
(d) When the custodian of the prisoner receives prove the charge and, in the proper case, the civil
from the public attorney a properly supported liability.
request for the availability of the prisoner for (b) The accused may present evidence to prove his
purposes of trial, the prisoner shall be made defense, and damages, if any, arising from the
available accordingly. (sec. 12, cir. 38-98) issuance of a provisional remedy in the case.
(c) The prosecution and the defense may, in that
Section 8. Sanctions. — In any case in which order, present rebuttal and sur-rebuttal evidence
private counsel for the accused, the public unless the court, in furtherance of justice, permits
attorney, or the prosecutor. them to present additional evidence bearing upon
the main issue.
(a) Knowingly allows the case to be set for trial (d) Upon admission of the evidence of the parties,
without disclosing that a necessary witness would the case shall be deemed submitted for decision
be unavailable for trial; unless the court directs them to argue orally or to
(b) Files a motion solely for delay which he knows submit written memoranda.
is totally frivolous and without merit; (e) When the accused admits the act or omission
(c) Makes a statement for the purpose of obtaining charged in the complaint or information but
continuance which he knows to be false and which interposes a lawful defense, the order of trial may
is material to the granting of a continuance; or be modified. (3a)
(d) Willfully fails to proceed to trial without
justification consistent with the provisions hereof, Section 12. Application for examination of witness
the court may punish such counsel, attorney, or for accused before trial. — When the accused has
prosecution, as follows: been held to answer for an offense, he may, upon
motion with notice to the other parties, have
(1) By imposing on a counsel privately retained in witnesses conditionally examined in his behalf.
connection with the defense of an accused, a fine The motion shall state: (a) the name and residence
not exceeding twenty thousand pesos of the witness; (b) the substance of his testimony;
(P20,000.00); and (c) that the witness is sick or infirm as to
(2) By imposing on any appointed counsel de afford reasonable ground for believing that he will
oficio, public attorney, or prosecutor a fine not not be able to attend the trial, or resides more
exceeding five thousand pesos (P5,000.00); and than one hundred (100) kilometers from the place
(3) By denying any defense counsel or prosecutor of trial and has no means to attend the same, or
the right to practice before the court trying the that other similar circumstances exist that would
case for a period not exceeding thirty (30) days. make him unavailable or prevent him from
The punishment provided for by this section shall attending the trial. The motion shall be supported
be without prejudice to any appropriate criminal by an affidavit of the accused and such other
action or other sanction authorized under these evidence as the court may require. (4a)
rules. (sec. 13, cir. 38-98)
Section 13. Examination of defense witness; how
Section 9. Remedy where accused is not brought to made. — If the court is satisfied that the
trial within the time limit. — If the accused is not examination of a witness for the accused is
brought to trial within the time limit required by necessary, an order will be made directing that the
Section 1(g), Rule 116 and Section 1, as extended witness be examined at a specified date, time and
by Section 6 of this rule, the information may be place and that a copy of the order be served on the
dismissed on motion of the accused on the ground prosecutor at least three (3) days before the
of denial of his right of speedy trial. The accused scheduled examination. The examination shall be
shall have the burden of proving the motion but taken before a judge, or, if not practicable, a
the prosecution shall have the burden of going member of the Bar in good standing so designated
forward with the evidence to establish the by the judge in the order, or if the order be made
exclusion of time under section 3 of this rule. The by a court of superior jurisdiction, before an
dismissal shall be subject to the rules on double inferior court to be designated therein. The
jeopardy. examination shall proceed notwithstanding the
absence of the prosecutor provided he was duly
Failure of the accused to move for dismissal prior notified of the hearing. A written record of the
to trial shall constitute a waiver of the right to testimony shall be taken. (5a)
dismiss under this section. (sec. 14, cir. 38-98)
Section 14. Bail to secure appearance of material
Section 10. Law on speedy trial not a bar to witness. — When the court is satisfied, upon proof
provision on speedy trial in the Constitution. — No or oath, that a material witness will not testify
provision of law on speedy trial and no rule when required, it may, upon motion of either
implementing the same shall be interpreted as a party, order the witness to post bail in such sum as
bar to any charge of denial of the right to speedy may be deemed proper. Upon refusal to post bail,
trial guaranteed by section 14(2), article III, of the the court shall commit him to prison until he
1987 Constitution. (sec. 15, cir. 38-98) complies or is legally discharged after his
testimony has been taken. (6a)
Section 11. Order of trial. — The trial shall
proceed in the following order: Section 15. Examination of witness for the
prosecution. — When it satisfactorily appears that
15
a witness for the prosecution is too sick or infirm accused to answer for the proper offense and
to appear at the trial as directed by the order of dismiss the original case upon the filing of the
the court, or has to leave the Philippines with no proper information. (11a)
definite date of returning, he may forthwith be
conditionally examined before the court where the Section 20. Appointment of acting prosecutor. —
case is pending. Such examination, in the presence When a prosecutor, his assistant or deputy is
of the accused, or in his absence after reasonable disqualified to act due to any of the grounds stated
notice to attend the examination has been served in section 1 of Rule 137 or for any other reasons,
on him, shall be conducted in the same manner as the judge or the prosecutor shall communicate
an examination at the trial. Failure or refusal of with the Secretary of Justice in order that the
the accused to attend the examination after notice latter may appoint an acting prosecutor. (12a)
shall be considered a waiver. The statement taken
may be admitted in behalf of or against the Section 21. Exclusion of the public. — The judge
accused. (7a) may, motu proprio, exclude the public from the
courtroom if the evidence to be produced during
Section 16. Trial of several accused. — When two the trial is offensive to decency or public morals.
or more accused are jointly charged with any He may also, on motion of the accused, exclude the
offense, they shall be tried jointly unless the court, public from the trial, except court personnel and
in its discretion and upon motion of the the counsel of the parties. (13a)
prosecutor or any accused, orders separate trial
for one or more accused. (8a) Section 22. Consolidation of trials of related
offenses. — Charges for offenses founded on the
Section 17. Discharge of accused to be state same facts or forming part of a series of offenses of
witness. — When two or more persons are jointly similar character may be tried jointly at the
charged with the commission of any offense, upon discretion of the court. (14a)
motion of the prosecution before resting its case,
the court may direct one or more of the accused to Section 23. Demurrer to evidence. — After the
be discharged with their consent so that they may prosecution rests its case, the court may dismiss
be witnesses for the state when, after requiring the action on the ground of insufficiency of
the prosecution to present evidence and the sworn evidence (1) on its own initiative after giving the
statement of each proposed state witness at a prosecution the opportunity to be heard or (2)
hearing in support of the discharge, the court is upon demurrer to evidence filed by the accused
satisfied that: with or without leave of court.
(a) There is absolute necessity for the testimony of
the accused whose discharge is requested; If the court denies the demurrer to evidence filed
(b) The is no other direct evidence available for with leave of court, the accused may adduce
the proper prosecution of the offense committed, evidence in his defense. When the demurrer to
except the testimony of said accused; evidence is filed without leave of court, the
(c) The testimony of said accused can be accused waives the right to present evidence and
substantially corroborated in its material points; submits the case for judgment on the basis of the
(d) Said accused does not appear to be the most evidence for the prosecution. (15a)
guilty; and
(e) Said accused has not at any time been The motion for leave of court to file demurrer to
convicted of any offense involving moral evidence shall specifically state its grounds and
turpitude. shall be filed within a non-extendible period of
Evidence adduced in support of the discharge shall five (5) days after the prosecution rests its case.
automatically form part of the trial. If the court The prosecution may oppose the motion within a
denies the motion for discharge of the accused as non-extendible period of five (5) days from its
state witness, his sworn statement shall be receipt.
inadmissible in evidence. (9a) If leave of court is granted, the accused shall file
Section 18. Discharge of accused operates as the demurrer to evidence within a non-extendible
acquittal. — The order indicated in the preceding period of ten (10) days from notice. The
section shall amount to an acquittal of the prosecution may oppose the demurrer to evidence
discharged accused and shall be a bar to future within a similar period from its receipt.
prosecution for the same offense, unless the
accused fails or refuses to testify against his co- The order denying the motion for leave of court to
accused in accordance with his sworn statement file demurrer to evidence or the demurrer itself
constituting the basis for the discharge. (10a) shall not be reviewable by appeal or
by certiorari before judgment. (n)
Section 19. When mistake has been made in
charging the proper offense. — When it becomes Section 24. Reopening. — At any time before
manifest at any time before judgment that a finality of the judgment of conviction, the judge
mistake has been made in charging the proper may, motu proprio or upon motion, with hearing in
offense and the accused cannot be convicted of the either case, reopen the proceedings to avoid a
offense charged or any other offense necessarily miscarrage of justice. The proceedings shall be
included therein, the accused shall not be terminated within thirty (30) days from the order
discharged if there appears good cause to detain grating it. (n)
him. In such case, the court shall commit the
16
 in which it was rendered. However, if the
RULE 120 conviction is for a light offense, the judgment may
be pronounced in the presence of his counsel or
Judgment representative. When the judge is absent or
Section 1. Judgment definition and form. — outside of the province or city, the judgment may
Judgment is the adjudication by the court that the be promulgated by the clerk of court.
accused is guilty or not guilty of the offense
charged and the imposition on him of the proper If the accused is confined or detained in another
penalty and civil liability, if any. It must be written province or city, the judgment may be
in the official language, personally and directly promulgated by the executive judge of the
prepared by the judge and signed by him and shall Regional Trial Court having jurisdiction over the
contain clearly and distinctly a statement of the place of confinement or detention upon request of
facts and the law upon which it is based. (1a) the court which rendered the judgment. The court
promulgating the judgment shall have authority to
Section 2. Contents of the judgment. — If the accept the notice of appeal and to approve the bail
judgment is of conviction, it shall state (1) the bond pending appeal; provided, that if the decision
legal qualification of the offense constituted by the of the trial court convicting the accused changed
acts committed by the accused and the the nature of the offense from non-bailable to
aggravating or mitigating circumstances which bailable, the application for bail can only be filed
attended its commission; (2) the participation of and resolved by the appellate court.
the accused in the offense, whether as principal,
accomplice, or accessory after the fact; (3) the The proper clerk of court shall give notice to the
penalty imposed upon the accused; and (4) the accused personally or through his bondsman or
civil liability or damages caused by his wrongful warden and counsel, requiring him to be present
act or omission to be recovered from the accused at the promulgation of the decision. If the accused
by the offended party, if there is any, unless the tried in absentia because he jumped bail or
enforcement of the civil liability by a separate civil escaped from prison, the notice to him shall be
action has been reserved or waived. served at his last known address.
In case the judgment is of acquittal, it shall state
whether the evidence of the prosecution In case the accused fails to appear at the scheduled
absolutely failed to prove the guilt of the accused date of promulgation of judgment despite notice,
or merely failed to prove his guilt beyond the promulgation shall be made by recording the
reasonable doubt. In either case, the judgment judgment in the criminal docket and serving him a
shall determine if the act or omission from which copy thereof at his last known address or thru his
the civil liability might arise did not exist. (2a) counsel.
Section 3. Judgment for two or more offenses. — If the judgment is for conviction and the failure of
When two or more offenses are charged in a single the accused to appear was without justifiable
complaint or information but the accused fails to cause, he shall lose the remedies available in these
object to it before trial, the court may convict him rules against the judgment and the court shall
of as many offenses as are charged and proved, order his arrest. Within fifteen (15) days from
and impose on him the penalty for each offense, promulgation of judgment, however, the accused
setting out separately the findings of fact and law may surrender and file a motion for leave of court
in each offense. (3a) to avail of these remedies. He shall state the
reasons for his absence at the scheduled
Section 4. Judgment in case of variance between promulgation and if he proves that his absence
allegation and proof. — When there is variance was for a justifiable cause, he shall be allowed to
between the offense charged in the complaint or avail of said remedies within fifteen (15) days
information and that proved, and the offense as from notice. (6a)
charged is included in or necessarily includes the Section 7. Modification of judgment. — A
offense proved, the accused shall be convicted of judgment of conviction may, upon motion of the
the offense proved which is included in the offense accused, be modified or set aside before it
charged, or of the offense charged which is becomes final or before appeal is perfected. Except
included in the offense proved. (4a) where the death penalty is imposed, a judgment
becomes final after the lapse of the period for
Section 5. When an offense includes or is included perfecting an appeal, or when the sentence has
in another. — An offense charged necessarily been partially or totally satisfied or served, or
includes the offense proved when some of the when the accused has waived in writing his right
essential elements or ingredients of the former, as to appeal, or has applied for probation. (7a)
alleged in the complaint or information, constitute
the latter. And an offense charged is necessarily Section 8. Entry of judgment. — After a judgment
included in the offense proved, when the essential has become final, it shall be entered in accordance
ingredients of the former constitute or form a part with Rule 36. (8)
of those constituting the latter. (5a)
Section 9. Existing provisions governing
Section 6. Promulgation of judgment. — The suspension of sentence, probation and parole not
judgment is promulgated by reading it in the affected by this Rule. — Nothing in this Rule shall
presence of the accused and any judge of the court affect any existing provisions in the laws
17
governing suspension of sentence, probation or
parole. (9a) RULE 122
Appeal
Section 1. Who may appeal. — Any party may
RULE 121 appeal from a judgment or final order, unless the
New Trial or Reconsideration accused will be placed in double jeopardy. (2a)
Section 1. New trial or reconsideration. — At any
time before a judgment of conviction becomes Section 2. Where to appeal. — The appeal may be
final, the court may, on motion of the accused or at taken as follows:
its own instance but with the consent of the (a) To the Regional Trial Court, in cases decided by
accused, grant a new trial or reconsideration. (1a) the Metropolitan Trial Court, Municipal Trial Court
in Cities, Municipal Trial Court, or Municipal
Section 2. Grounds for a new trial. — The court Circuit Trial Court;
shall grant a new trial on any of the following
grounds: (b) To the Court of Appeals or to the Supreme
(a) The errors of law or irregularities prejudicial Court in the proper cases provided by law, in cases
to the substantial rights of the accused have been decided by the Regional Trial Court; and
committed during the trial;
(b) The new and material evidence has been (c) To the Supreme Court, in cases decided by the
discovered which the accused could not with Court of Appeals. (1a)
reasonable diligence have discovered and
produced at the trial and which if introduced and Section 3. How appeal taken. —
admitted would probably change the judgment. (a) The appeal to the Regional Trial Court, or to
the Court of Appeals in cases decided by the
Section 3. Ground for reconsideration. — The Regional Trial Court in the exercise of its original
court shall grant reconsideration on the ground of jurisdiction, shall be taken by filing a notice of
errors of law or fact in the judgment, which appeal with the court which rendered the
requires no further proceedings. (3a) judgment or final order appealed from and by
serving a copy thereof upon the adverse party.
Section 4. Form of motion and notice to the
prosecutor. — The motion for a new trial or (b) The appeal to the Court of Appeals in cases
reconsideration shall be in writing and shall state decided by the Regional Trial Court in the exercise
the grounds on which it is based. If based on a of its appellate jurisdiction shall be by petition for
newly-discovered evidence, the motion must be review under Rule 42.
supported by affidavits of witnesses by whom
such evidence is expected to be given or by duly (c) The appeal to the Supreme Court in cases
authenticated copies of documents which are where the penalty imposed by the Regional Trial
proposed to be introduced in evidence. Notice of Court is death, reclusion perpetua, or life
the motion for new trial or reconsideration shall imprisonment, or where a lesser penalty is
be given to the prosecutor. (4a) imposed but for offenses committed on the same
occasion or which arose out of the same
Section 5. Hearing on motion. — Where a motion occurrence that gave rise to the more serious
for a new trial calls for resolution of any question offense for which the penalty of death, reclusion
of fact, the court may hear evidence thereon by perpetua, or life imprisonment is imposed, shall be
affidavits or otherwise. (5a) by filing a notice of appeal in accordance with
paragraph (a) of this section.
Section 6. Effects of granting a new trial or
reconsideration. — The effects of granting a new (d) No notice of appeal is necessary in cases where
trial or reconsideration are the following: the death penalty is imposed by the Regional Trial
(a) When a new trial is granted on the ground of Court. The same shall be automatically reviewed
errors of law or irregularities committed during by the Supreme Court as provided in section 10 of
the trial, all proceedings and evidence affected this Rule.
thereby shall be set aside and taken anew. The
court may, in the interest of justice, allow the (e) Except as provided in the last paragraph of
introduction of additional evidence. section 13, Rule 124, all other appeals to the
(b) When a new trial is granted on the ground of Supreme Court shall be by petition for review
newly-discovered evidence, the evidence already on certiorari under Rules 45. (3a)
adduced shall stand and the newly-discovered and
such other evidence as the court may, in the Section 4. Publication of notice of appeal. — If
interest of justice, allow to be introduced shall be personal service of the copy of the notice of appeal
taken and considered together with the evidence can not be made upon the adverse party or his
already in the record. counsel, service may be done by registered mail or
(c) In all cases, when the court grants new trial or by substituted service pursuant to sections 7 and 8
reconsideration, the original judgment shall be set of Rule 13. (4a)
aside or vacated and a new judgment rendered
accordingly. (6a) Section 5. Waiver of notice. — The appellee may
waive his right to a notice that an appeal has been
18
taken. The appellate court may, in its discretion, memoranda or briefs, or upon the expiration of
entertain an appeal notwithstanding failure to give the period to file the same, the Regional Trial
such notice if the interests of justice so require. Court shall decide the case on the basis of the
entire record of the case and of such memoranda
Section 6. When appeal to be taken. — An appeal or briefs as may have been filed. (9a)
must be taken within fifteen (15) days from
promulgation of the judgment or from notice of Section 10. Transmission of records in case of
the final order appealed from. This period for death penalty. — In all cases where the death
perfecting an appeal shall be suspended from the penalty is imposed by the trial court, the records
time a motion for new trial or reconsideration is shall be forwarded to the Supreme Court for
filed until notice of the order overruling the automatic review and judgment within five (5)
motion shall have been served upon the accused days after the fifteenth (15) day following the
or his counsel at which time the balance of the promulgation of the judgment or notice of denial
period begins to run. (6a) of a motion for new trial or reconsideration. The
transcript shall also be forwarded within ten (10)
Section 7. Transcribing and filing notes of days after the filing thereof by the stenographic
stenographic reporter upon appeal. — When notice reporter. (10a)
of appeal is filed by the accused, the trial court
shall direct the stenographic reporter to Section 11. Effect of appeal by any of several
transcribe his notes of the proceedings. When filed accused. —
by the People of the Philippines, the trial court (a) An appeal taken by one or more of several
shall direct the stenographic reporter to accused shall not affect those who did not appeal,
transcribe such portion of his notes of the except insofar as the judgment of the appellate
proceedings as the court, upon motion, shall court is favorable and applicable to the latter;
specify in writing. The stenographic reporter shall
certify to the correctness of the notes and the (b) The appeal of the offended party from the civil
transcript thereof, which shall consist of the aspect shall not affect the criminal aspect of the
original and four copies, and shall file the original judgment or order appealed from.
and four copies with the clerk without
unnecessary delay. (c) Upon perfection of the appeal, the execution of
the judgment or final order appealed from shall be
If death penalty is imposed, the stenographic stayed as to the appealing party. (11a)
reporter shall, within thirty (30) days from
promulgation of the sentence, file with the clerk Section 12. Withdrawal of appeal. —
original and four copies of the duly certified Notwithstanding the perfection of the appeal, the
transcript of his notes of the proceedings. No Regional Trial Court, Metropolitan Trial Court,
extension of time for filing of said transcript of Municipal Trial Court in Cities, Municipal Trial
stenographic notes shall be granted except by the Court, or Municipal Circuit Trial Court, as the case
Supreme Court and only upon justifiable grounds. may be, may allow the appellant to withdraw his
appeal before the record has been forwarded by
Section 8. Transmission of papers to appellate the clerk of court to the proper appellate court as
court upon appeal. — Within five (5) days from the provided in section 8, in which case the judgment
filing of the notice of appeal, the clerk of the court shall become final. The Regional Trial Court may
with whom the notice of appeal was filed must also, in its discretion, allow the appellant from the
transmit to the clerk of court of the appellate court judgment of a Metropolitan Trial Court, Municipal
the complete record of the case, together with said Trial Court in Cities, Municipal Trial Court, or
notice. The original and three copies of the Municipal Circuit Trial Court to withdraw his
transcript of stenographic notes, together with the appeal, provided a motion to that effect is filed
records, shall also be transmitted to the clerk of before rendition of the judgment in the case on
the appellate court without undue delay. The appeal, in which case the judgment of the court of
other copy of the transcript shall remain in the origin shall become final and the case shall be
lower court. (8a) remanded to the latter court for execution of the
judgment. (12a)
Section 9. Appeal to the Regional Trial Courts. —
(a) Within five (5) days from perfection of the Section 13. Appointment of counsel de oficio for
appeal, the clerk of court shall transmit the accused on appeal. — It shall be the duty of the
original record to the appropriate Regional Trial clerk of the trial court, upon filing of a notice of
Court. appeal, to ascertain from the appellant, if confined
in prison, whether he desires the Regional Trial
(b) Upon receipt of the complete record of the Court, Court of Appeals or the Supreme Court to
case, transcripts and exhibits, the clerk of court of appoint a counsel de oficio to defend him and to
the Regional Trial Court shall notify the parties of transmit with the record on a form to be prepared
such fact. by the clerk of court of the appellate court, a
certificate of compliance with this duty and of the
(c) Within fifteen (15) days from receipt of the response of the appellant to his inquiry. (13a)
said notice, the parties may submit memoranda or
briefs, or may be required by the Regional Trial
Court to do so. After the submission of such
19
RULE 123 Section 6. Form of briefs. — Briefs shall either be
printed, encoded or typewritten in double space
Procedure in the Municipal Trial on the legal size good quality unglazed paper, 330
Courts mm. in length by 216 mm. in width. (6a)
Section 1. Uniform Procedure. — The procedure to
be observed in the Metropolitan Trial Courts, Section 7. Contents of brief. — The briefs in
Municipal Trial Courts and Municipal Circuit Trial criminal cases shall have the same contents as
Courts shall be the same as in the Regional Trial provided in sections 13 and 14 of Rule 44. A
Courts, except where a particular provision certified true copy of the decision or final order
applies only to either of said courts and in criminal appealed from shall be appended to the brief of
cases governed by the Revised Rule on Summary appellant. (7a)
Procedure. (1a)
Section 8. Dismissal of appeal for abandonment or
failure to prosecute. — The Court of Appeals may,
upon motion of the appellee or motu proprio and
RULE 124 with notice to the appellant in either case, dismiss
Procedure in the Court of Appeals the appeal if the appellant fails to file his brief
Section 1. Title of the case. — In all criminal cases within the time prescribed by this Rule, except
appealed to the Court of Appeals, the party where the appellant is represented by a
appealing the case shall be called the "appellant" counsel de oficio.
and the adverse party the "appellee," but the title
of the case shall remain as it was in the court of The Court of Appeals may also, upon motion of the
origin. (1a) appellee or motu proprio, dismiss the appeal if the
appellant escapes from prison or confinement,
Section 2. Appointment of counsel de oficio for the jumps bail or flees to a foreign country during the
accused. — If it appears from the record of the pendency of the appeal. (8a)
case as transmitted that (a) the accused is
confined in prison, (b) is without counsel de Section 9. Prompt disposition of appeals. —
parte on appeal, or (c) has signed the notice of Appeals of accused who are under detention shall
appeal himself, the clerk of court of the Court of be given precedence in their disposition over
Appeals shall designate a counsel de oficio. other appeals. The Court of Appeals shall hear and
decide the appeal at the earliest practicable time
An appellant who is not confined in prison may, with due regard to the rights of the parties. The
upon request, be assigned a counsel de accused need not be present in court during the
oficio within ten (10) days from receipt of the hearing of the appeal. (9a)
notice to file brief and he establishes his right
thereto. (2a) Section 10. Judgment not to be reversed or
modified except for substantial error. — No
Section 3. When brief for appellant to be filed. — judgment shall be reversed or modified unless the
Within thirty (30) days from receipt by the Court of Appeals, after an examination of the
appellant or his counsel of the notice from the record and of the evidence adduced by the parties,
clerk of court of the Court of Appeals that the is of the opinion that error was committed which
evidence, oral and documentary, is already injuriously affected the substantial rights of the
attached to the record, the appellant shall file appellant. (10a)
seven (7) copies of his brief with the clerk of court
which shall be accompanied by proof of service of Section 11. Scope of judgment. — The Court of
two (2) copies thereof upon the appellee. (3a) Appeals may reverse, affirm, or modify the
judgment and increase or reduce the penalty
Section 4. When brief for appellee to be filed; reply imposed by the trial court, remand the case to the
brief of the appellant. — Within thirty (30) days Regional Trial Court for new trial or retrial, or
from the receipt of the brief of the appellant, the dismiss the case. (11a)
appellee shall file seven (7) copies of the brief of Section 12. Power to receive evidence — The Court
the appellee with the clerk of court which shall be of Appeals shall have the power to try cases and
accompanied by proof of service of two (2) copies conduct hearings, receive evidence and perform
thereof upon the appellant. any and all acts necessary to resolve factual issues
raised in cases (a) falling within its original
Within twenty (20) days from receipt of the brief jurisdiction, (b) involving claims for damages
of the appellee, the appellant may file a reply brief arising from provisional remedies, or (c) where
traversing matters raised in the former but not the court grants a new trial based only on the
covered in the brief of the appellant. (4a) ground of newly-discovered evidence. (12a)

Section 5. Extension of time for filing briefs. — Section 13. Quorum of the court; certification or
Extension of time for the filing of briefs will not be appeal of cases to Supreme Court. — Three (3)
allowed except for good and sufficient cause and Justices of the Court of Appeals shall constitute
only if the motion for extension is filed before the a quorum for the sessions of a division. The
expiration of the time sought to be extended. (5a) unanimous vote of the three (3) Justices of a
division shall be necessary for the pronouncement
of a judgment or final resolution, which shall be
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reached in consultation before the writing of the RULE 125
opinion by a member of the division. In the event
that the three (3) Justices can not reach a Procedure in the Supreme Court
unanimous vote, the Presiding Justice shall direct Section 1. Uniform procedure. — Unless otherwise
the raffle committee of the Court to designate two provided by the Constitution or by law, the
(2) additional Justices to sit temporarily with procedure in the Supreme Court in original and in
them, forming a special division of five (5) appealed cases shall be the same as in the Court of
members and the concurrence of a majority of Appeals. (1a)
such division shall be necessary for the
pronouncement of a judgment or final resolution. Section 2. Review of decisions of the Court of
The designation of such additional Justices shall be Appeals. — The procedure for the review by the
made strictly by raffle and rotation among all Supreme Court of decisions in criminal cases
other Justices of the Court of Appeals. rendered by the Court of Appeals shall be the
same as in civil cases. (2a)
Whenever the Court of Appeals finds that the
penalty of death, reclusion perpetua, or life Section 3. Decision if opinion is equally divided. —
imprisonment should be imposed in a case, the When the Supreme Court en banc is equally
court, after discussion of the evidence and the law divided in opinion or the necessary majority
involved, shall render judgment imposing the cannot be had on whether to acquit the appellant,
penalty of death, reclusion perpetua, or life the case shall again be deliberated upon and if no
imprisonment as the circumstances warrant. decision is reached after re-deliberation, the
However, it shall refrain from entering the judgment of conviction of the lower court shall be
judgment and forthwith certify the case and reversed and the accused acquitted. (3a)
elevate the entire record thereof to the Supreme
Court for review. (13a) RULE 126
Search and Seizure
Section 14. Motion for new trial. — At any time
Section 1. Search warrant defined. — A search
after the appeal from the lower court has been
warrant is an order in writing issued in the name
perfected and before the judgment of the Court of
of the People of the Philippines, signed by a judge
Appeals convicting the appellant becomes final,
and directed to a peace officer, commanding him
the latter may move for a new trial on the ground
to search for personal property described therein
of newly-discovered evidence material to his
and bring it before the court. (1)
defense. The motion shall conform with the
provisions of section 4, Rule 121. (14a)
Section 2. Court where application for search
warrant shall be filed. — An application for search
Section 15. Where new trial conducted. — When a
warrant shall be filed with the following:
new trial is granted, the Court of Appeals may
a) Any court within whose territorial jurisdiction a
conduct the hearing and receive evidence as
crime was committed.
provided in section 12 of this Rule or refer the
trial to the court of origin. (15a)
b) For compelling reasons stated in the
application, any court within the judicial region
Section 16. Reconsideration. — A motion for
where the crime was committed if the place of the
reconsideration shall be filed within fifteen (15)
commission of the crime is known, or any court
days after from notice of the decision or final
within the judicial region where the warrant shall
order of the Court of Appeals, with copies served
be enforced.
upon the adverse party, setting forth the grounds
in support thereof. The mittimus shall be stayed
However, if the criminal action has already been
during the pendency of the motion for
filed, the application shall only be made in the
reconsideration. No party shall be allowed a
court where the criminal action is pending. (n)
second motion for reconsideration of a judgment
Section 3. Personal property to be seized. — A search
or final order. (16a) warrant may be issued for the search and seizure of
Section 17. Judgment transmitted and filed in trial personal property:
court. — When the entry of judgment of the Court (a) Subject of the offense;
of Appeals is issued, a certified true copy of the (b) Stolen or embezzled and other proceeds, or fruits
judgment shall be attached to the original record of the offense; or
which shall be remanded to the clerk of the court (c) Used or intended to be used as the means of
from which the appeal was taken. (17a) committing an offense. (2a)

Section 18. Application of certain rules in civil to Section 4. Requisites for issuing search warrant. — A
criminal cases. — The provisions of Rules 42, 44 to search warrant shall not issue except upon probable
46 and 48 to 56 relating to procedure in the Court cause in connection with one specific offense to be
of Appeals and in the Supreme Court in original determined personally by the judge after
and appealed civil cases shall be applied to examination under oath or affirmation of the
criminal cases insofar as they are applicable and complainant and the witnesses he may produce, and
not inconsistent with the provisions of this Rule. particularly describing the place to be searched and
(18a) the things to be seized which may be anywhere in
the Philippines. (3a)

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Section 5. Examination of complainant; record. — (c) The return on the search warrant shall be filed
The judge must, before issuing the warrant, and kept by the custodian of the log book on search
personally examine in the form of searching warrants who shall enter therein the date of the
questions and answers, in writing and under oath, return, the result, and other actions of the judge.
the complainant and the witnesses he may produce
on facts personally known to them and attach to the A violation of this section shall constitute contempt of
record their sworn statements, together with the court.(11a)
affidavits submitted. (4a)
Section 13. Search incident to lawful arrest. — A
Section 6. Issuance and form of search warrant. — If person lawfully arrested may be searched for
the judge is satisfied of the existence of facts upon dangerous weapons or anything which may have
which the application is based or that there is been used or constitute proof in the commission of
probable cause to believe that they exist, he shall an offense without a search warrant. (12a)
issue the warrant, which must be substantially in the
form prescribed by these Rules. (5a) Section 14. Motion to quash a search warrant or to
suppress evidence; where to file. — A motion to quash
Section 7. Right to break door or window to effect a search warrant and/or to suppress evidence
search. — The officer, if refused admittance to the obtained thereby may be filed in and acted upon only
place of directed search after giving notice of his by the court where the action has been instituted. If
purpose and authority, may break open any outer or no criminal action has been instituted, the motion
inner door or window of a house or any part of a may be filed in and resolved by the court that issued
house or anything therein to execute the warrant or the search warrant. However, if such court failed to
liberate himself or any person lawfully aiding him resolve the motion and a criminal case is subsequent
when unlawfully detained therein. (6) filed in another court, the motion shall be resolved
by the latter court. (n)
Section 8. Search of house, room, or premise to be
made in presence of two witnesses. — No search of a RULE 127
house, room, or any other premise shall be made
except in the presence of the lawful occupant thereof
Provisional Remedies in Criminal Cases
or any member of his family or in the absence of the
latter, two witnesses of sufficient age and discretion Section 1. Availability of provisional remedies. — The
residing in the same locality. provisional remedies in civil actions, insofar as they
are applicable, may be availed of in connection with
Section 9. Time of making search. — The warrant the civil action deemed instituted with the criminal
must direct that it be served in the day time, unless action. (1a)
the affidavit asserts that the property is on the
person or in the place ordered to be searched, in Section 2. Attachment. — When the civil action is
which case a direction may be inserted that it be properly instituted in the criminal action as provided
served at any time of the day or night. (8) in Rule 111, the offended party may have the
property of the accused attached as security for the
Section 10. Validity of search warrant. — A search satisfaction of any judgment that may be recovered
warrant shall be valid for ten (10) days from its date. from the accused in the following cases:
Thereafter it shall be void. (9a) (a) When the accused is about to abscond from the
Philippines;
Section 11. Receipt for the property seized. — The (b) When the criminal action is based on a claim for
officer seizing property under the warrant must give money or property embezzled or fraudulently
a detailed receipt for the same to the lawful occupant misapplied or converted to the use of the accused
of the premises in whose presence the search and who is a public officer, officer of a corporation,
seizure were made, or in the absence of such attorney, factor, broker, agent, or clerk, in the course
occupant, must, in the presence of at least two of his employment as such, or by any other person in
witnesses of sufficient age and discretion residing in a fiduciary capacity, or for a willful violation of duty;
the same locality, leave a receipt in the place in (c) When the accused has concealed, removed, or
which he found the seized property. (10a) disposed of his property, or is about to do so; and
a) When the accused resides outside the Philippines.
Section 12. Delivery of property and inventory
thereof to court; return and proceedings thereon. —
(a) The officer must forthwith deliver the property
seized to the judge who issued the warrant, together
with a true inventory thereof duly verified under
oath.
(b) Ten (10) days after issuance of the search
warrant, the issuing judge shall ascertain if the
return has been made, and if none, shall summon the
person to whom the warrant was issued and require
him to explain why no return was made. If the return
has been made, the judge shall ascertain whether
section 11 of this Rule has been complained with and
shall require that the property seized be delivered to
him. The judge shall see to it that subsection (a)
hereof has been complied with.

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