CRIMINAL PROCEDURE

BRONDIAL LECTURES
 Criminal Procedure
Ø Kaya nga pag walang arraignment, there is no valid
Jurisdiction judgement because the court did not acquire jurisdiction
over the issue
Ø Even if there was an arraignment, if the arraignment was
improvident, in a sense that the plea was improvident, then
Jurisdiction in Criminal Cases… review what we have the judgement is null and void and therefore double
studied in Jurisdiction in Civil Cases jeopardy will not apply.

Q: The fundamental principle that we have studied in

civil procedure that “Any judgement, decision final
order rendered by a court without jurisdiction is JURISDICTION OVER THE TERRITORY
null and void”, is this applicable in criminal cases?
Ø Of course, because the court has no authority and Jurisdiction over the territory is very important in criminal
therefore it cannot render a valid judgement cases.

If the court has no jurisdiction over the place where the

Jurisdiction over the subject matter is equivalent to crime was committed
jurisdiction over the offense charged in criminal cases Ø The judgement will be null and void.
Ø Kaya ang applicable principle dito ay “Venue in criminal
cases is jurisdictional”

That is why even in Rule 117 (Motion to Quash), which

JURISDICTION OVER THE PERSON is equivalent to the Rule 16 (Motion to Dismiss). Alin ang
wala? Venue because venue in criminal cases is jurisdictional.
Jurisdiction over the person of the parties, in criminal cases,
there are only two parties
Two Kinds of Jurisdiction According to its Nature
What is needed is only jurisdiction over the person of the 1. Original
accused. So there is no need for jurisdiction over the person of the Ø It is the authority of the court that takes cognizance of
private complainant because the private complainant is the State. the case for the first time
2. Appellate
The plaintiff in criminal cases is the State so the jurisdiction Ø If the court has taken cognizance of the case for the
over that party is not necessary because it is given, it is the one second, third, fourth time then it is already the exercise
that prosecutes. So jurisdiction is only over the person of the of appellate jurisdiction
accused.

Q: Meron bang exclusive original jurisdiction in

criminal cases?
Ø Meron.
JURISDICTION OVER THE RES
Meron bang concurrent original jurisdiction?
This is not applicable. Wala naman res sa criminal cases so Ø Under the Rules of Court wala but under the
that will not apply. Constitution we can imply that there is.
Ø Certiorari, Prohibition, Mandamus, Quo Warranto, and
Habeas Corpus, may also be applied in criminal cases
and that is pursuant to Article V Sec 8 of the
Constitution. Therefore, concurrent jurisdiction will
JURISDICTION OVER THE ISSUES also apply
Ø So, if in a criminal case, you remedy the error of
Jurisdiction over the issues is determined by the allegations jurisdiction through certiorari, concurrent jurisdiction
in the pleading. Will this apply in criminal cases? This principle applies. Hence, you also must apply the Principles of
does not directly apply but there is an equivalent. Concurrent Jurisdiction.

Is it necessary for the court to acquire jurisdiction over the

issues in criminal cases? YES. How are the issues determined in Very seldom ginagamit ang concurrent jurisdiction in
criminal cases? It is not by the allegations in the pleading because criminal cases. It is only applicable in Special Civil Action
the only pleading in criminal cases is the complaint/information. involving criminal cases because you can also file certiorari in
By virtue of arraignment and plea. criminal cases.

In civil cases, the court acquires jurisdiction over the issues

through the allegations in the pleadings.

In criminal cases, the court acquires jurisdiction over the

issues upon arraignment (Rule 116).

Page 1
 Criminal Procedure
Original jurisdiction in criminal cases principally JURISDICTION OVER THE SANDIGANBAYAN
depends on the penalty imposable. Not the penalty imposed
but the penalty imposable. How do you arrive at what is the If you are asked about the jurisdiction of the SB, you have to
penalty imposable? That is not procedural law but substantive answer 3 fundamental questions.
law. So, you have to look at your criminal law Revised Penal Code.
1. What offense or crime was committed?
Procedure only speaks of the penalty imposable so that if the Ø Not all crimes/offenses are cognizable by the SB.
penalty imposable is 6 years and below, it is with the MTC. If it is a. Anti-Graft and Corrupt Practices (RA 3019)
6 years and 1 day, it is already RTC. b. The Law on Ill Gotten Wealth (RA 1379)
c. Bribery (RPC)
As to the appellate jurisdiction, just like in civil cases, walang d. PCGG Cases (EO 12, 14, 14-A)
concurrency ang appellate jurisdiction. Ø Estafa under the Hannah Serana case
MTC → RTC Ø Falsification under Ramiscal vs SB
RTC → CA
CA → SC
CTA En Banc → SC 2. Who committed the crime or offense?
CTA by division → CTA En Banc
SB → SC GR: The accused must be a public officer. Public officers with
CSC → CA Salary Grade 27.
COA → SC
COE → SC EXCEPTION
Ø Not Salary Grade 27 and up but those enumerated in the
law
Tandaan niyo un penalty imposable. Usually, hindi
binibigay un penalties sa problem in Remedial Law. Pag nagbigay
halimbawa ng jurisdiction dependent on penalty imposable in Pag binasa mo yung Hannah Serana vs Sandiganbayan
Remedial Law dapat masasagot mo lang ng tama yan if you know makita mo dun yung footnotes. Andun distributed un public
the hierarchy of penalties in Criminal Law. officers according to the Compensation and Position
Classification Act of 1989.

GR: The determinant of jurisdictions depends on the penalty Halimbawa you are given a problem where the public
imposable officer committed a violation of the Anti-Graft Law or
Cybercrime Prevention Act, and he happens to be a captain
EXCEPTIONS in the army. Kung hindi mo alam ang salary grade ng captain
Ø These crimes/offenses are only cognizable by the RTC ng army you cannot decide whether SB has jurisdiction or
irrespective of the penalty imposable not. Kasi makita mo dun sa Compensation and Position
Classification Act that a captain in the army and the air force
1. Violations of the Omnibus Election Code has a salary grade below 27 but a captain in the navy has
2. Violations of the Intellectual Property Law/ salary grade 27.
Infringement Suit
3. Violations of Dangerous Drugs Law of 2002
4. Written defamation Q: May a private citizen be charged before the SB?
5. Anti-Money Laundering Law Ø Yes. If he or she committed the crime cognizable
6. Cybercrime Prevention Act of 2012 by the SB in conspiracy with a public officer with
salary grade 27.

TAKE NOTE!!! 3. How was the offense committed?

The SC and CA does not have original jurisdiction over
criminal cases. Appellate lang yan. So kahit na gaano kalaking The term “in relation to one’s public office”
kaso, you cannot file that with the CA or SC. The SB has both Ø should be interpreted as the public office having
original and appellate jurisdiction facilitated the commission of the crime.

In the case of Sanchez vs Demetriou, a rape case, one of

the issues here is jurisdiction. Sanchez was saying “I am the
mayor, and my case should have been filed with the SB”. The SC
stated, “Mayor you don’t have to be a mayor to commit rape”. It is
not an element of the crime although it facilitates the commission
of the crime.

Page 2
 Criminal Procedure
In the case of Hannah Serana vs SB, Hannah is a student Kaya nga yun dati in-amend yun because of that provision
of UP who became a member of the Board of Regents who was that the decisions of the Shariah Appellate Courts are final and
charged with estafa. She went up to the SC and contended that executory. That is unconstitutional because it deprives the SC the
estafa is not among the crimes cognizable by the SB. The SC said final say on the matter. Kaya itong new Bangsamoro deleted that
“okay it is not but from now on it is” hahaha. Estafa, prior to this so that the decision and final orders of the Shariah Appellate are
case was not really among those stated in the law on the SB which still appealable to the SC.
is originally PD 1601.
Hannah said, “assuming that estafa is cognizable by the SB,
I’m not a public officer”. The SC said that the public officer is one
who exercises/performs a public function. Considering that UP is
a state university, and you are a member of the Board of regent,
then you are a public officer. Hence, Hannah Serana was under
the jurisdiction of the SB.
Hannah Serana said, “I did not commit it by reason of the
public office”. Prior to the Hannah Serana doctrine, it was clear
that the public office should be an element of the crime, ngayon
hindi na. The SC said, “a crime was committed in relation to the
public office if the public office which you are assigned facilitated
the commission of the crime”.

In the case of People vs Henry T. Go, si Sec Enrile of the

DOTC was charged together with Go before the SB. During the
preliminary investigation, Sec Enrile died and still, the
information was filed before the SB against Henry T. Go. He
moved to dismiss the case on the ground of lack of jurisdiction
saying that he is a private citizen and the crime, even among those
cognizable by the SB, which is Anti-Graft, should not be filed with
the SB. The SC said, that that the death of the accused does not
extinguish the crime but only extinguished the criminal liability.
Considering that by the death of your co-conspirator, it
extinguished only the liability of the decedent but did not
extinguish the crime which you have committed.
Henry T. Go said, but how could I have conspired with
someone who is nonexistent, how can there be conspiracy with
someone who is no longer around. The SC said that conspiracy is
not always a crime, it is only a means of committing a crime.

TAKE NOTE!!!
PD 1601 was amended by 1861 and then the prevailing law
7975 which was amended because of Senator Lacson Kuratong
Baleleng then 8249. At present you have to read RA 10660
which is the latest law on SB.

Q: Does Summary Procedure apply in criminal cases?

Ø Yes.
Ø Ex. violation of traffic rules and regulation

Q: Small claims in criminal Cases?

Ø Wala. Kasi money claims lang yun

TAKE NOTE!!!
Go over the Courts of Muslim Mindanao. Kasi magbabago
yan. Read the new Bangsamoro Law. Apply the procedural aspect
on one of the articles of the new Bangsamoro Law, yung judicial
department, doon mo makikita yung Courts of Muslim Mindanao
which I believe have not been altered, tatlo pa din un set-up: (1)
Sharia’h Circuit Court; (2) Sharia’h District Courts; (3) Shariah
Appellate Court. The Sharia’h Appellate Court decisions and final
orders are still appealable to the SC.

Page 3
 Criminal Procedure
“Paragraph (a) - for offenses where a preliminary
Rule 110: Prosecution of investigation is required pursuant to Section 1 of Rule 112, by
filing a complaint with the proper officer for the purpose of
Offenses conducting requisite preliminary investigation”

“Paragraph (b) - for other offenses, by filing of the

complaint or information directly with the MTC, MCTC, or the
SECTION 1 RULE 110 complaint with the Office of the Prosecutor. In Manila and other
Institution of Criminal Actions chartered cities, the complaint shall be filed with the Office of the
Prosecutor unless otherwise provided in the charter.”
Q: How do you initiate a complaint?
Ø In CIVIL CASES, you file the complaint directly with the
court. By filing it with the court, together with the proof
of payment of docket fees, that’s it; the civil procedure Q: One day, police officer X went to church in Sta Cruz,
begins to run. Manila. On his way home, he found A, B, C, playing
Ø In CRIMINAL CASES, you will note that a criminal kara krus behind the church. So X arrested them for
action is initiated depending on whether it requires illegal gambling. How should X initiate the
preliminary investigation or not. complaint?
Ø He cannot file that directly with the MeTC of Manila.
He has to course it through the prosecutor’s office.
Criminal Action Ø So ibig sabihin dito sa Rule 110 Sec 1(b), is such that
Ø It is initiated depending on the penalty imposable any crime or offense committed in Metro Manila and
other chartered cities, can only be initiated by filing a
Criminal Proceeding complaint in the Office of the Public Prosecutor.
Ø It is initiated by filing of the complaint or information Ø So yang nakahuli kay A, B, C, will have to file the
complaint with the prosecutor’s office
Ø Irrespective of the penalty imposable, it must be
Q: Why is it important to distinguish criminal action coursed through the Office of the Prosecutor, if the
from criminal proceeding? crime or offense was committed in Manila or other
Ø Because of the issue of prescription. chartered cities.
Ø Prescription of a criminal action begins to run upon the
filing of a criminal action. The exception that “unless the Should the fiscal conduct preliminary investigation?
law otherwise provide”, NO LONG APPLIES. Ø No, because the crime or offense committed does not
require preliminary investigation.
Ø Pero dadaan pa din sa fiscal at yung fiscal ang mag
In RA 3326, it says that crimes committed under special direct filing
laws, prescriptive period begin to run after the start of criminal
proceeding. HINDI NA TO APPLICABLE. Suppose A, B, C were playing kara krus behind the
church in Calauang, Laguna. How should the criminal
The latest of that is the doctrine held in the case of action be initiated?
Panaguiton. So that, upon the filing of the complaint, for purposes Ø The police officer will directly file a complaint for illegal
of preliminary investigation, prescription begins to be stalled. gambling with the MTC of Calauang, Laguna.
Prescription of the action is stalled. Ø This is what you call DIRECT FILING

That is a very laudable jurisprudence on the matter. Because Suppose X was caught for homicide in Laguna. Can a
if prescription will only be applied once a complaint/information complaint for homicide be directly filed with the MTC
is filed with the court, then it depends now upon the fiscal. If the of Laguna?
fiscal fails to file it, then the prescription doesn’t even begin to Ø No, because homicide is punishable by more than 4
run. years 2 months and 1 day.
Ø In this example it must be filed with the prosecution
Kaya nga intindihin ninyo maigi yan. Intindihin niyo yung office of Calamba, Laguna which covers the jurisdiction
specific distinction between criminal action and criminal of Calauang, Laguna.
proceeding because that would really entail the application of Ø Yan and impact ng Rule 110 Sec 1
prescription.

So it begins upon filing of criminal action before the fiscal

not before the court. Ang natanggal lang ngayon ay yung provision Example
ng special laws particularly RA 3326 relative to criminal offenses BP 22 can be directly filed with the court. Pero dito sa Metro
under Special Laws i.e. ordinances. Manila hindi pwede. Kahit P10k lang un violation sa BP 22,
idadaan mo yan sa fiscal. Kung minsan malalaman na lang ng
The next thing you must remember is the penalty imposable acusado na nasa korte na yun kaso wala man lang preliminary
of 4 years 2 months and 1 day. investigation. That’s because it does not call for a preliminary
investigation pero dumaan pa din sa fiscal because under Rule
110 Sec 1, it always has to pass through the prosecutor’s office.

Page 4
 Criminal Procedure
SECTION 2 RULE 110 Seduction, Abduction, and Acts of Lasciviousness
Complaint or Information
The next paragraph speaks of other crimes. Seduction,
A criminal action can be initiated either by the filing of the abduction, and acts of lasciviousness can only be prosecuted upon
complaint or information. So hindi mo pwedeng sabihin that the a complaint filed by the:
complaint in criminal cases can only be done by a private person. 1. Offended party
A complaint can also be done by a private officer like a policeman. 2. Parents
When you speak of information, it can never be done by a private 3. Grandparents
individual or private complainant. 4. Guardian.

Kaya nga you must have to make a distinction between a Importante yung enumeration na yan IN PROPER ORDER
complaint and information. The fundamental distinction is who because one excludes the other.
prepares it. While a complaint can be prepared by anybody, an
information is only prepared by the fiscal because of the
subscribed and sworn to by the public prosecutor. Q: Anika is a 12yr old girl living with her grandparents X
and Y. X has another son who committed a crime of
seduction against Anika while Anika was living with
her grandparents. Upon the complaint of the
grandparents against their son who committed
SECTION 5 RULE 110 seduction against Anika, the complaint was
Who Must Prosecute Criminal Actions dismissed. Was the dismissal valid?
Ø Yes, if the parents of Anika are available.
Paragraph (2) emphasizes specific kinds of crime Ø The grandparents cannot file a complaint for
1. Adultery seduction, abduction, and acts of lasciviousness if the
2. Concubinage parents are present.
3. Seduction Ø Without the parents, the right is now held by the
4. Abduction grandparents.
5. Acts of Lasciviousness
Can Anikia initiate the complaint?
Ø Yes, but in actual practice, seldom would a child initiate
Adultery and Concubinage because of her age.

“Paragraph (2) - The crimes of adultery and concubinage

shall not be prosecuted except upon the complaint filed by the
OFFENDED SPOUSE…” In the next paragraph, “if the offended party dies or becomes
incapacitated before he or she can file the complaint and she has
no known parents, grandparents, or guardians, the STATE
Q: Who files the information? The offended spouse? shall initiate the criminal complaint.”
Ø No, because again of the penalty imposable.
Ø But it cannot be initiated de oficio. It must always be de “No criminal action for DEFAMATION which consists in
parte, the complainant. the imputation of ANY OF THE OFFENSES MENTIONED
ABOVE (adultery, concubinage, seduction, abduction, acts of
lasciviousness) shall be brought except at the instance of an upon
Q: Albert is married to Beatrice. Beatrice committed complaint filed by the OFFENDED PARTY”
adultery with Carlos, the husband of Danica. Can
Danica file a complaint for adultery?
Ø Danica is not the offended spouse. She cannot file a
case of adultery against Beatrice TAKE NOTE!!!
Ø Only Albert, the offended spouse, can file the case of Yung Old Rules of Criminal Procedure include rape. Ngayon
adultery against Beatrice. wala na yan because rape is already a crime against persons.
Ø Although the Rules provide that when Albert files a Rape can now be initiated de oficio even without the
case of adultery against his wife Beatrice, he also has to private complainant.
implead Carlos.
Ø Kaya nga sa Criminal Procedure, unlike in substantive
law, a husband who did not commit adultery can be
prosecuted for adultery. But in Criminal Law, the crime
of adultery can only be committed by a wife.

What can Danica do?

Ø Danica can file a case of concubinage against her
husband Carlos impleading Beatrice together with
Carlos.

Page 5
 Criminal Procedure
SECTION 6 RULE 110 Q: Will the information be sufficient without the
Sufficiency of Complaint or Information qualifying and aggravating circumstances?
Ø Yes. Kaya nakalagay dun under Section 6, “acts and
omissions”, pero yung qualifying and aggravating
Just be logical about it, yung mga kailangan dito. Sufficiency circumstances are in another section because even
of complaint or information, dapat may complainant therefore without them, it will not render the information
the offended party. The offended party must have been offended insufficient.
so there must be an offender. Third, what was the offense. Fourth,
what qualifies the offense, acts and omissions qualifying the
offense. Where was it committed. When was it committed.

So walang problema dito sa Section 6. Just be logical. Pag SECTION 10 RULE 110
file ng complaint dapat may complainant so kailangan yan. Pag Place of the Commission of the Offense
may complainant may kino-complain. Dapat may accused.
Pagkatapos, why is he being sued or what is the crime or offense As to where was it committed, let me emphasize that
he committed. So you must know the crime and the acts TERRITORIALITY IS JURISDICTIONAL. If murder was
constituting the crime including the qualifying and aggravating committed in Manila you cannot file that anywhere else except
circumstances and when and where was it committed. Manila. If it was filed elsewhere, it is dismissible for lack of
jurisdiction.

The most important part here would be the acts or Kaya nga all information must state “…on or about July 20,
omissions complained of as constituting the offense. 2015 in Laguna within the jurisdiction of this honorable court….”.
Kung wala yun dismissible. So that is the first part, jurisdictional
part, doon sa information.

SECTION 7 RULE 110

Designation of the Offense
SECTION 11 RULE 110
Date of the Commission of the Offense
Halimbawa, Dangerous Drugs Act of 1995, hindi mo alam
specifically doon kaya nilalagay mo lang yung section; violation of Appropriate date. It may vary provided the VARIANCE IS
Section 5 or 11 of RA 9165. Walang specific designation kung ano NOT SUBSTANTIAL. Halimbawa, July 10 instead of July 1;
yan pero nagkakaintindihan na yan because when you go over the pwede yan. From December 1995 to March 1996; pwede yan
information you will note that it is possession or sale of prohibited under jurisprudence. So what is you guide here regarding the
drugs. Pero hindi sinabi sale of prohibited drugs or possession of “appropriate date”? Appropriate date of the commission of the
prohibited drugs but only violation of section 5 or 11 of RA 9165. crime is only for the purpose of informing the accused regarding
Minsan it is designated according to statute. Halimbawa the approximate date of commission. Pero kung masyadong
murder, homicide, fraud. malayo then that is dismissible. The jurisprudence in this regard
varies. Sometimes 1995, 1996 the SC would consider that as only
formal error but sometimes 1995, 2005, nako hindi na yan formal,
that is already substantial.
Qualifying and Aggravating Circumstance
Ø Let me call your attention to the qualifying and aggravating
circumstances. First of all you must know the distinction Q: What is a substantial error in the information?
between qualifying and aggravating circumstances. One Ø A substantial error in the information is that which will
determines the penalty and the other raises the nature of the be prejudicial to the substantial rights of the accused.
offense. In the filing of the information, importante yun Ø That would not be simply formal error.
because it may change the imposable penalty or the very
nature of the crime.
Kaya nga itong variance na ito, we had to be guided by
jurisprudence and by proper rationalization. If you cannot afford
Illustration the right to be informed fully of the nature and cause of accusation
A crime of homicide with aggravating circumstances may to the accused then the information is dismissible pursuant the
become murder with certain qualifying circumstance i.e. appropriate date of commission.
relationship, the penalty imposable would differ. Dati nung
meron pang death penalty, yung qualified rape with qualifying Now in your study of Criminal Law, there are certain crimes
circumstances of relationship, automatically calls for the where the time even is crucial, the place is crucial. Halimbawa
imposition of the capital penalty of death pero pag wala yun it is theft at the National Library, hindi yan pwede alisin sa
only known as simple rape without the qualifying circumstances. information because the crime itself qualifies the theft to have
Kaya nga napaka importante niyan in the information. been committed in a particular place.

Halimbawa night time can be considered either as qualifying

or aggravating circumstance. Now if it is an element of the crime,
night time, then it becomes qualifying. Dapat included yan
otherwise it becomes only aggravating.
Page 6
 Criminal Procedure
SECTION 13 RULE 110 SECTION 14 RULE 110
Duplicity of Offenses Amendment and Substitution

“A complaint or information must only charge one offense…”

Ø Otherwise, it is dismissible under Rule 117 Please compare this to Rule 10. Under Rule 10, we studied
amendment and supplemental pleading. Amendments may be a
matter of right or a matter of discretion. The other classification
If the charge is DUPLICITOUS is substantial amendment or formal amendment. Will these
Ø Then it is dismissible under a motion to quash qualifications apply in criminal procedure? Yes.
Ø Because a person must only be charged with one offense or
crime in an information Amendments in criminal procedure may either be
amendment as a matter of right or amendment as a matter of
discretion. It can also be substantial amendment or formal
Illustration amendment.
Kaya makikita niyo, violations of BP 22 and there were 10
checks that bounced, then there are 10 information. Those
violations are separate and distinct. Kaya nga binabasa yan isa-isa BAR TIPS!!!
during arraignment. Kahit the same parties, the same private Look at Section 14 because if I were to be the examiner and
complainant, and the same accused but he issued 10 checks that I will ask about amendment, I would base my question more from
bounces, then there are 10 offenses. You cannot put that in one Rule 110 Sec 14 rather than Rule 10
information because every information must charge only one In other words, mas importante yung amendments dito
crime or offense. although simple lang un amendments sa criminal case because
there is only one kind of pleading to amend which is the
information or the complaint. Pero civil cases, amendment of
pleadings ang dami nun (complaint, answer, 3rd party complaint,
GR: A complaint or information must only charge one offense counter claim…. etc.).

EXCEPTION
Ø Complex or compound crime
In Civil Cases
Ø Substitution in civil cases refers to parties and not to
Compound Crime pleadings. Amendments in civil cases refer only to pleading
Ø Only one act results to two or more offenses
Ø It can be one single criminal act results to death of two or In Criminal Cases
more person Ø Amendments or substitution refers only to pleadings.
Ø When one is a means of committing another crime, then that Walang palit ulo sa criminal cases
would be another exception e.g. robbery with homicide Ø Amendment is a matter of right before plea then thereafter
it is a matter of discretion

Illustration
1. You fired a gun shooting X. Tinamaan si X, lumampas yung Take note of the Section 14 (2), the two exceptions when it is
bala tinamaan si Y; one act. In that instance, one information always a matter of discretion and can only be done by leave of
lang. You don’t have to file two information because this is an court
exception to duplicitous offense. 1. Which downgrades the nature of the crime
2. Excludes and accused from the complaint
2. When you plant a bomb in the airplane which exploded midair
killing all the passengers. Multiple homicide and damage to Etong Section 14 (2) is the exception to the nature of
property can be placed in only one information amendment as a matter of right. Even before plea if it is to
downgrade then it is always a matter of discretion. Meaning to say
it can be done only by motion with notice to the party.

Illustration
1. The charge is for murder and you want it downgraded to
homicide then the amendment even before plea will never be a
matter of right.

2. In an information for murder, A B C were charged. The DOJ

asked C to be a state witness and therefore he should be
excluded. Amendment in this case, even before plea, is always
a matter of discretion.

Page 7
 Criminal Procedure
With regard to a MISTAKE, yan and SUBSTITUTION. Q: Who intervenes here?
Tignan mo dito, “if it appears at any time before the judgement Ø The one who intervenes is the private complainant.
that a mistake has been made in charging the proper offense, the Ø He intervenes through a lawyer only to prosecute the
court shall dismiss the original complaint or information UPON civil aspect of the case
filing of a new one charging the proper offense”. Ø He is not prosecuting the criminal aspect but only the
civil aspect because the crime is committed against the
The dismissal and the substitution must be at the same time. State.
Otherwise, the accused might be placed in jeopardy. Kaya nga this Ø When a crime, once filed, includes the civil aspect
were upon the filing of the new one, kaya nga nakalagay jan in of the case
accordance with Rule 119 Sec 19 − Hence the one who takes charge of the civil aspect
of the case would be the private prosecutor.

SECTION 15 RULE 110

Place Where the Action is to be Instituted

GR: Venue is jurisdictional in criminal cases

EXCEPTIONS
1. When a crime is committed in a train,
2. Committed on an air craft
3. Committed on board a vessel
4. Crimes committed outside the Philippines

SECTION 16 RULE 110

Intervention

Compare this with Rule 19 (Intervention). Hindi yan

magkapareho. Walang intervention in criminal cases by a non-
party to the case. The parties in criminal cases are limited to only
the state and the accused. Walang iba.

So anong ibig sabihin ng intervention dito? This is not the

same intervention in Rule 19 wherein if one is interested in the
subject matter of the case, he can intervene either as a plaintiff or
as a defendant my filing a motion for leave to intervene. Dito and
intervention is different. The intervenor here is the private
complainant represented by a lawyer.

Q: In criminal cases that the private complainant, being

not a party to the case pursuant to the Rule on
Evidence applying Rule 132, a private complainant
can be excluded because he is not a party to the case.
The parties in a criminal case are only the state and
the accused and therefore the private complainant
who is only a witness of the state may be excluded.
Will that rule still apply under the present rules?
Ø No. Because among the exceptions now is a party who
is a natural person interested in the case
Ø So if you apply that new rule in Evidence, the court
cannot exclude anymore the private complainant in a
criminal case.

Page 8
 Criminal Procedure
When you intervene, basically you are only asking for
Rule 111: Prosecution of prosecuting the civil aspect. In actual practice, especially under
DOJ circulars, because of this provision in Rule 111, usually the
Offenses private prosecutor now is required to present written
authorization from the chief prosecutor (city or provincial
prosecutor). This circular of the DOJ has not been followed in
many instances. The judge will simply ask the prosecutor, mabuti
SECTION 1 RULE 111 nga sana kung ganun kasi kung minsan hindi na.
Institution of Criminal and Civil Actions
Ang importante when you go into practice, that you secure a
GR: When a criminal action is instituted, the civil action for the written authorization so that even in the absence of the public
recovery of the civil liability arising from the offense shall be prosecutor you can proceed.
deemed instituted. Ø Without that, you cannot insist, in the absence of a public
prosecutor, because all the time the prosecution of an
EXCEPTIONS offense or crime is always under the control and supervision
1. If the civil liability arising from the crime is WAIVED of the public prosecutor.
2. The civil action was filed PRIOR to the institution of criminal
action While in civil case, docket fees are jurisdictional, in criminal
3. The civil action was RESERVED cases, hindi kailangan ng docket fees. But if the court AWARDS
THE CIVIL LIABILITY arising from the crime, then the payment
of docket fees becomes the first lien on the judgement.
Q: In the old criminal procedure the wording was “every Ø So it is not as strict as in civil cases where it is a ground for
time a criminal case is filed, the civil aspect is dismissal because it is jurisdictional.
included”. Ngayon “deemed instituted”. Where lies Ø So the information /criminal complaint is filed even without
the difference? the docket fees
Ø The difference now is on the burden
Ø Yung old criminal procedure is impliedly instituted.
Ngayon is deemed instituted. No Reservation in BP 22
Ø The burden now is with the private complainant that’s Ø You will not in Rule 111 Sec 1 (d) the violation of BP 22 there
why there is need for intervention is no reservation. So you cannot file a case pursuant to a
reservation you made before the trial court for violation of BP
22. RESERVATION ha hindi prohibited ang waiver at prior
Q: The judge called the case, “Case #5 Criminal Case No. institution. What is not allowed is reservation. So you
1234, People of the Philippines vs Juan Dela Cruz” proceed with a criminal case for violation of BP 22 and then
Then someone stood up, “for the People, your you file another separate case for collection based on
honor”. Lawyer X stood up and said “your honor, I bounced check, hindi yun pwede.
enter my appearance as private prosecutor under the
direct control and supervision of the public
prosecutor. What should the court do now under the Q: Suppose A issued 10 checks in favor of B and all the
New Rules? checks bounced. B can file a civil case for sum of
Ø Under the New Rules, the court would say “fiscal, is Atty money without filing a criminal case. He is not bound
X duly authorized?” F:”yes your honor he is duly to file a criminal case. Later on in the course of the
authorized” trial, B filed a criminal case for violation of BP 22.
Ø Kung strict yung judge ang sasabihin “can I have the What happens now to the civil case which he formerly
written authorization?” filed?
Ø The civil case is SUSPENDED. It cannot proceed until
and unless the criminal case is terminated.
Suppose the judge asks “Atty X, what is your Ø B can also cause consolidation
pleasure?” X: “your honor, I would like to inform the
court that we are making reservation on the civil
liability arising from the crime in this case”. If you
were the judge what will you do with that
manifestation?
Ø The proper reaction of the judge is “Atty X by your
manifestation, you have just disqualified yourself from
prosecuting the civil aspect in this case. Because if ever
we allow you to prosecute this case, it is only the civil
liability arising from the crime not the criminal offense
per se. So if you are telling this court that you are
making a reservation then what role will you have in this
prosecution. Hence, you are disqualified”.
Ø This is the impact of intervention

Page 9
 Criminal Procedure
SECTION 3 RULE 111 SECTION 4 RULE 111
When Civil Action May Proceed Independently Effect of Death on Civil Action

Familiarize yourself with Article 32, 33, 34, 2176 of New Civil
Code. You cross refer this to what we studied in Rule 3 Sec 20
(Contractual Money Claim), and Rule 39 Sec 7.
In civil case, you will note that the defendant can always file
a counter claim in the same case. In criminal cases, walang Rule 3 Sec 20 is practically anchored on Rule 3 Sec 16
counter claim, walang cross claim, walang third party complain. (Death of A Party in Civil Case) “when a party dies in a civil
Absolutely disallowed yun. case, the lawyer of the decedent is bound to cause the substitution
of the decedent”.

Q: Can the accused file also a criminal case against the

private complainant arising from the same act?
Ø Read Casupanan vs Laroya Q: Dito sa criminal case what happens if the complainant
dies? Will the case be dismissed?
Ø WALA because the complainant never dies. The
In the case of Casupanan vs Laroya, there was a vehicular complainant here is the STATE
accident between Casupanan and Laroya while they were both Ø The death of the party plaintiff will not cause the
driving cars. One of them filed a criminal case for reckless dismissal of the case
imprudence resulting to damage to property. Yung defendant
nagfile ng civil case. So yung nagfile ng criminal case said “that How about the death of the accused?
case should be dismissed because the civil aspect here is deemed Ø The effect of death of the accused in criminal cases
instituted here”. So mali na agad. The civil aspect arising from the extinguishes the criminal liability. If the criminal
crime based on the complaint of the private complainant. liability is extinguished, sino pa ikukulong mo? Lol
However, the one who filed the civil case is the defendant, and Ø Pag namatay anf akusado, the case is DISMISSED
what was his ground; that the rule is very clear that a counterclaim
is proscribed, hindi ako pwede mag file ng counterclaim sa civil How about the civil aspect of the case?
case but it does not deprive me of my right to claim damages Ø Read the landmark case of People vs Bayotas
against the private complainant. Ø Followed by People vs Romero
The SC said, of course, because criminal procedure
proscribes counterclaim what is now the remedy of respondent in
a criminal complaint, he files a separate action and that action is In this case of People vs Romero, quoting the landmark
a civil case or it can be a criminal case provided it would fall in case of People vs Bayotas, which was rationalized by Justice
violation of Articles 31, 32, 33, 34, 2176 of the Civil Code, yung Regalado. What is extinguished is only the civil liability arising
tinatawag na INDEPENDENT CIVIL ACTION. from the crime.
In short, the accused or the respondent is not disallowed to
file a civil or even a criminal case against the private complainant.
Not just because it is independently of each other but on the basis Illustration
of the proscription for filing of a counter claim, cross claim or In homicide, the civil liability arising from the crime which
third party complaint. is extinguished, what would that be? Actual damages, unearned
income; they will be extinguished. But other liabilities arising
from other sources of obligation will remain
TAKE NOTE!!!
Independent Civil Action can proceed independently of each
other. They are like parallel lines they move in parallel, they will Q: Mr X was charged by the government for non-
never cross. payment of income tax. Pag namatay siya mawawala
na ba yung civil liability niya?
Ø Not necessarily because it arises from another source of
obligation which is the law

Q: A and B were friends and they had a fight because B

would not pay his obligation to A notwithstanding
demand to pay. Nagaway eh nagkasakitan at namatay
si A. So a case of homicide was filed against B and B
died afterwards. Will the liability arising from the
loan be extinguished?
Ø No, because it arises not from the crime but from
contract.
Ø This is what is meant by extinguishment of civil liability
arising from the crime

Page 10
 Criminal Procedure
SECTION 7 RULE 111
Elements of Prejudicial Question

Requisites for a Prejudicial Question

1. There must be two cases existing at the same time against the
same person; one is civil and the other is criminal
2. The civil case contain issues the resolution of which is
determinative of the guilt or innocence of the other party in the
criminal case
3. That the civil case must have been filed before the criminal case

Dinagdag yang pangatlo na yan because it so happens that

brilliant lawyers would always try to use the civil case as a means
of suspending the prosecution of criminal case based on
prejudicial question.

In the case of Pimintel vs Pimintel, the case of parricide

which was sought to be suspended by the accused on the ground
that he filed a declaration of nullity of marriage. The SC held that
the declaration of nullity of marriage the issue there is whether
null and void ab initio is not determinative of a crime of parricide.
When the frustrated crime of parricide was committed, you were
married. So it is not determinative of the crime of parricide.

In the case of Dominguez vs Liclican, an intra corporate

case, issue is whether the election of the board of directors were
valid; will that be prejudicial to the prosecution for fraud? The SC
said yes because it will determine the authority of these board of
directors whether they are duly authorized to secure the loan or
not.

Q: Suppose one is criminal and the other is

administrative, can you avail of prejudicial question
to suspend the criminal prosecution on the ground
that there is a prejudicial question? One is pending
before the Civil Service Commission, an
administrative proceeding.
Ø The rule is quite clear that one is civil and the other
must be criminal. But this is a case where there is
criminal case and there is administrative case.
Ø We don’t have a clear cut jurisprudence on the matter
BUT I OPINED that is prejudicial because what is the
gamut of this prejudicial question is whether the
resolution of the issues in a case is determinative of the
guilt or So if you argue that way, I think, although I
have not found jurisprudence to back me up regarding
administrative and civil.

Page 11
 Criminal Procedure
different persons”. Warrant of Arrest is determined by the court
Rule 112: Preliminary while Information is determined by the prosecutor.

Investigation Preliminary Investigation is only required for cases or for

crimes or offenses that carries a penalty of at least 4 years two
months and one day. You correlate this with what we have
studied in Rule 110 Sec 1, that irrespective of the penalty
SECTION 1 RUULE 112 imposable if the crime or offense was committed in Metro Manila,
Preliminary Investigation the criminal complaint cannot be directly filed with the court, it
has to undergo the process before the office of the prosecutor.

Q: Distinguish preliminary investigation from If one committed a crime against a person, or against
preliminary examination somebody, the private complainant will have to file a criminal
Ø Preliminary Investigation complaint before the fiscal’s office. That criminal complaint is
− An executive function otherwise known as AFFIDAVIT COMPLAINT.
− It determines whether to file the information or
not
− Quantum of evidence is probable cause

Ø Preliminary Examination SECTION 2 RUULE 112

− A judicial Function Officers Authorized to Conduct Preliminary Investigation
− It determines whether the court should issue a
warrant of arrest Under the present rule, who can now conduct preliminary
investigation? Only the DOJ and those authorized by special law
e.g. Office of the Ombudsman, lawyers of the COMELEC.
Probable Cause Ordinarily it is the prosecutor; National Prosecutory
Ø The degree 0r quantum of evidence based on facts and Arm of the Government under the DOJ.
circumstances personally known to the person who would
have to consider the same facts and circumstances as
sufficient to determine that a crime has been committed and Dito sa Metro Manila, napaka daming fiscal. Kaya may
that the accused is probably guilty thereof designations ang fiscal jan. May tinatawag na Investigating
Ø Rule 133 Prosecutor, Reviewing Prosecutor, and Trial Prosecutor.

For fiscals who tries the case, who presents evidence in

Hierarchy of Quantum of Evidence courts, they are TRIAL PROSECUTORS.
1. Overwhelming evidence
2. Proof beyond reasonable doubt Those who are confined in the room and undertake or
3. Clear and convincing evidence conduct preliminary investigation are INVESTIGATING
4. Preponderance of evidence PROSECUTOR
5. Substantial evidence
6. Prima facie evidence The end of this investigation is the writing of a resolution,
7. Probable cause that resolution is brought to the REVIEWING PROSECUTOR
8. Iota of evidence taken from circumstantial evidence who will certify whether to file the information or not.

You will note na napaka baba ng degree or quantum required

for evidence in determining whether an information is to be filed
or a warrant of arrest is to be issued. SECTION 3 RUULE 112
Procedure
Prior to the recent rules in criminal procedure, judges of the
MTC were authorized to conduct preliminary investigation. That
has been eliminated by a circular which took effect on October A files a case against B for falsification of documents. A
2005. So beginning October 2005, MTC judges are no longer prepares a COMPLAINT AFFIDAVIT. He goes to the 3rd floor of
authorized to conduct preliminary investigation. That is a very the City Hall of Manila. So pag file, Ira-raffle yan kung kanino
laudable amendment of the Rules because imagine a preliminary mapunta na Investigating Prosecutor.
investigation conducted by an MTC judge who decided to file the
information and the same information was filed in its very own Once it is raffled to a particular Investigating Prosecutor, the
sala. latter will send a notice to the respondent to submit COUNTER
AFFIDAVIT. Itong counter affidavit parang answer where you put
This is just commentary on my part. In my criminal up the defenses.
procedure notes, nasabi ko na ang dapat baguhin pa is to alter or
change the quantum of evidence required. Kasi pareho ang If necessary, the prosecutor upon receipt of the counter
quantum of evidence, sana itaas yung isa. Kung itaas yun warrant affidavit, will ask whether the complainant would want to file a
of arrest sa prima facie, mas maganda or substantial evidence sa REPLY AFFIDAVIT and send that to the respondent.
warrant of arrest. Eh sabi nila “anyway they are determined by

Page 12
 Criminal Procedure
If necessary, the respondent will file a REJOINDER In the case of Crespo vs Mogul, the SC held that once an
AFFIDAVIT. Copy furnish the complainant. information is filed with the court, it is within the ABSOLUTE
AUTHORITY of the court. That can only be withdrawn through a
If needed, complainant will file a SURREJOINDER litigated motion.
AFFIDAVIT.

Ordinarily, umaabot lang yan sa reply. Then the fiscal has In the case of Hipos vs Bay, it is a case where an
the right to terminate the preliminary investigation. information was filed. The accused filed a motion for
reinvestigation which was granted by the judge. So a
Noong panahon namin, sa fiscalya pa lang labanan na yan, reinvestigation was conducted. After the reinvestigation, the
meron na direct, cross. Ngayon ginawa nang summary, prosecutory arm, the fiscal, found out that there is no probable
submission lang, and it’s up to the fiscal to ask questions. Still, the cause. So the fiscal filed with the court a motion to withdraw the
lawyers are not supposed to actively participate. If they have information. Judge Bay denied the motion. So the fiscal, filed a
questions to the respondent or for the complainant as the case petition for mandamus saying that why did the judge deny our
maybe, they will relay the questions to the public prosecutor. motion to withdraw, is it not that we are supposed to prosecute
and it is incumbent upon us. The SC said, following Crespo vs
So tig 10 days lang yan. Pag kumpleto na lahat the fiscal will Mogul, once the information is filed the withdrawal or any motion
say “This case is submitted for resolution. The Rule provides for relative thereto is within the absolute control of the court. It is a
30 days within which to resolve it”. discretionary function not a ministerial function. It cannot be
subject to mandamus.

In the case of Fenequito vs Vergara, the case was filed

SECTION 4 RUULE 112 with the MTC and then the MTC has the information. There was
Resolution of Investigating Prosecutor and its Review a motion to dismiss the information which was granted by the
MTC. That order dismissing the case or withdrawing the
information was a final order. So it was appealed to the RTC. On
The preliminary investigation is ended with a RESOLUTION appeal, the RTC reversed the order saying that there should be
submitted by the Investigating Prosecutor to the Chief Prosecutor. arraignment and trial. The accused, with regard to the order of the
Dito sa Manila kasi marami, meron sa Quezon City, Makati, yung RTC, filed an appeal pursuant to Rule 42 because the RTC was
Reviewing Prosecutor yan. Pero under the Rules, you will note exercising appellate jurisdiction. The order was sustained and the
that in Rule 112 “…no information shall be filed without the petition for review was denied. It went up to the SC. The issue here
approval of the city or provincial prosecutor…”. Kasi sa is whether the remedy of Petition for Review valid. The SC said no
provinces, konti ang fiscal. So halimbawa nag file ka sa Sta Cruz, it was not valid because the order of the RTC was an interlocutory
Laguna, kung lima lang ang fiscal dun malalaman mo kagad, the order. The remedy must be certiorari and not appeal. It is a final
reolution of that will be sent to the Provincial Prosecutor of order when the court is left with nothing else to do.
Laguna. That Provincial Prosecutor has the final say whether to
file it or not.
Q: If you want to assail the resolution prior to the filing
The Investigating Prosecutor, after conducting of the information, what is your remedy?
investigation, will either RECOMMEND the filing of the Ø Petition for Review with the DOJ
information. If he recommend the filing of an information, doon Ø This Petition for Review lapse after a period of 60
sa resolution niya naka-attach na yung information. If he decides days from filing.
or result the dismissal, because his finding is that there is no Ø In fact it is a ground for suspension of arraignment.
probable cause, then it is incumbent upon the city or provincial Arraignment may be suspended if there is a petition for
prosecutor to affirm or reverse that. review with the DOJ

In case of REVERSAL OF THE RESOLUTION of the Dito sa Metro Manila may intermediate remedy. Kasi nga
Investigating Prosecutor, there is no need for another preliminary maraming fiscal so meron tayong reviewer na fiscal. So pag nag
investigation. Immediately the City or Provincial Prosecutor will appeal ka, you appeal to Reviewing Fiscals and they will decide
cause the filing of the information with the court. whether to file the information or not even before you go to the
DOJ. Ordinarily, from the resolution of the fiscal, you can now go
Halimbawa the prosecution filed a MOTION TO to DOJ on a Petition for Review. Yan ang remedy.
WITHDRAW THE INFORMATION. Because it is a motion, it is
within the control of the court whether to grant or deny the
motion. There is no grave abuse of discretion on the part of the Q: From DOJ what is now your remedy?
trial court to either grant or deny. The denial or grant of a motion Ø Appeal to the CA
is an exercise of discretion. That is why it is NOT SUBJECT TO
MANDAMUS.

Page 13
 Criminal Procedure
In the case of Nestor Tria vs Obias, Nestor Tria was the Ø If the RTC convicts the accused, appeal to SB not to the
Regional Director of the DPWH. While he was awaiting his flight CA
to Manila, he was shot dead. The gunman, together with the Ø Hence, the conduct of preliminary investigation here
lookout, was finally arrested and they were indicted together with must be done either by the DOJ or the Office of the
Atty Obias as a co-conspirator. After the resolution of the fiscal, Ombudsman
Obias went up to the DOJ on a petition for review. The DOJ Ø The exercise of primary jurisdiction is NOT
indicter her. From DOJ, Obias proceeded to the Office of the MANDATORY in this case
President. Hindi ba from the DOJ aakyat ka dapat sa CA because
the Secretary of Justice is an alter ego of the President; that is why
you go up to the CA. In this particular case, hindi dumiretso sa CA What If the Anti-Graft was committed by a senator
instead pumunta sa President. The Office of the President of the Philippines?
resolved it in favor of Obias, finding no probable cause. The heirs Ø The preliminary investigation must be conducted by
of Nestor Tria went up to the CA and the CA sustained the Office the Office of the Ombudsman
of the President. It went up to the SC. The SC said, mali yung Ø Although the SC, dito sa mga kaso nila Enrile, nag allow
Office of the President and the CA. So that it decided and ng special prosecutors to conduct the preliminary
sustained the DOJ in the resolution of the filing of the information investigation
against Obias and company. Ø Ordinarily, the Anti-Graft cognizable by the SB in the
exercise of its original jurisdiction, must be investigated
by the Office of the Ombudsman in the exercise of its
Q: Is it a matter of right to pass from the DOJ to the primary jurisdiction
Office of the President?
Ø NO, it is not. Kaya dito sa heirs of Nestor Tria, tignan
niyo yung condition as to when you can pass through
the Office of the President. Depende lang sa kaso.
Ø When it carries a penalty of reclusion perpetua, life SECTION 6 RUULE 112
imprisonment and death. When Accused is Lawfully Arrested Without A Warrant
Ø The expiry date must be within a period of 6 months

Q: In lieu of preliminary investigation, can a complaint

Q: What if the offense of crime is cognizable by the SB, or information be filed?
who should conduct preliminary investigation? Ø Yes. Provided an inquest was conducted.
Ø If the crime or offense is cognizable by the SB, in the Ø So in lieu of a preliminary investigation, inquest must
exercise of its ORIGINAL JURISDICTION, the be conducted.
preliminary investigation must be conducted by the Ø It happens where the Rule dispense with preliminary
Office of the Ombudsman investigation, in case of WARRANTLESS ARREST

Primary Jurisdiction (Concept in Civil Procedure) An INQUEST is a kind, expeditious manner of finding
Ø Exhaustion of administrative remedies, so that this probable cause either by the fiscal or in its absence, by a
administrative quasi-judicial agencies should conduct responsible officer.
an investigation to comply with the exhaustion of
administrative remedies Dito sa Metro Manila walang problema yan kasi palagi
merong inquest prosecutor sa lahat ng police precinct 24-hr duty
Primary Jurisdiction of the Office of the Ombudsman yan. Kahit wala dun un inquest prosecutor, the police officer has
Ø The authority to conduct preliminary investigation of crimes the telephone number of the sleeping inquest prosecutor, that he
or offenses cognizable by the SB in the exercise of its original can be awakened anytime of the day or night to conduct the
jurisdiction inquest proceeding. So bakit importante to? Because our
Ø Pursuant to the Memorandum Agreement between the DOJ constitution and the Rules provide only for a certain period of
and the Office of the Ombudsman, time to detain an accused. Otherwise, the police or whoever
detained them will be liable for ARBITRARY DETENTION.

TAKE NOTE!!!
The jurisdiction of the SB can be original or appellate. If the
jurisdiction over the crime or offense of the SB is appellate, the
preliminary investigation is under the CONCURRENT
JURISDICTION of the DOJ and the Office of the Ombudsman

Q: The Assistant City Engineer was charged for violation

of Anti-Graft. Which agency of the government
should conduct the preliminary investigation?
Ø The crime falls under the jurisdiction of SB. Assistant
City Engineer does not have a salary grade 27.
Ø Therefore if an information for Anti-Graft is committed
by the Assistant City Engineer, it should be filed with
the RTC not the SB.
Page 14
 Criminal Procedure
“In cases falling under paragraphs (a) and (b) above, the
Rule 113: Arrest person arrested without a warrant shall be forthwith delivered
to the NEAREST POLICE STATION OR JAIL and shall be
proceeded against in accordance with section 7 Rule 12”
Ø On the basis of the inquest, the information may be filed or
Tie this up with Rule 112 Sec 6 where inquest is conducted the complaint will be dismissed outright.
in lieu of preliminary investigation.

Q: Kaya nga nangyayari kung minsan pagdating ni fiscal,

pag mainit yung ulo, “sige i-file na information
SECTION 5 RULE 113 niyan”. Sa mga ganung instances, if you were the
Arrest Without Warrant; When Lawful lawyer for the inquested person, what is your
remedy?
Grounds for Warrantless Arrest MEMORIZE!!! Ø Immediately move for preliminary investigation.
1. When, in his presence, the person to be arrested has ü Waiver of Article 125 of RPC (Delivery of
committed, is actually committing, or is attempting to Prisoner to the Court)
commit and offense − The delivery here is not the bodily surrender
Ø Don’t change the words “…is attempting to commit…”. of the respondent but rather the filing of the
Dahil pag sinabi mo about to commit, mali. Because information
you cannot determine. Under your criminal law, there − Kasi merong certain prescriptive period to
are 3 stages of execution or commission of crime; file the information in order to take in legal
attempted, frustrated, consummation. At ang custody the accused or the respondent
nakalagay dito attempting to commit − Beyond that, after 24 hours, pag hindi mo pa
Ø How will you determine if a person is about to commit? na-file yung information, then the police the
Wala pang external actions to determine that there was one who takes custody of it, is chargeable for
an attempt to commit arbitrary detention.
Ø Can you arrest me now just because I am thinking of − Kaya nga kung himingi ka ng preliminary
raping someone? investigation during inquest proceeding,
Ø Halimbawa bumunot ako ng baril in a heated you have to sign a waiver for Article 125.
argument, and I pointed it to you, there is already an
overt act, that is attempting to commit and I can be
arrested
Ø IN FLAGRANTE DELICTO

END OF DAY 1
2. When an offense has just been committed, and he has
probable cause to believe based on personal
knowledge of facts or circumstances that the person
to be arrested has committed it
Ø “Has” yung ginamit hindi “had”. So continuing.
Ø HOT PURSUIT

3. When the person to be arrested is a prisoner who has

escaped from a penal establishment or place where he
is serving final judgement or is temporarily confined
while his case is pending, or has escaped while being
transferred from one confinement to another

4. On bail and he tries to abscond

Page 15
 Criminal Procedure
Q: Although it is mandatory, what would be the effect if
Rule 114: Bail at the pre-trial, the accused does not appear? Will that
amount to cancellation of his bail?
Ø No. For plea bargaining, the only effect is that if he was
duly notified, the fiscal can enter for and in behalf, the
Just remember the fundamental questions we always ask conditions of the plea bargaining.
and those questions apply to Rule 114. The basic queries of what,
when, where, why, how.
In the case of Enrile vs Sandiganbayan (August 18,
What is bail? When is bail available? Where is bail available? 2015), Enrile was charged with plunder. The penalty of plunder
When is it available? How does it become available? is reclusion perpetua, clearly that is a non bailable offense. What
was the emphasis here of the majority members of the SC? A lot
of commentators would always say “for humanitarian reason”,
but the crooks of this case lies with what is the objective of
granting bail which is the assurance on the part of the court that
SECTION 1 RULE 114 the accused will appear when so required. Kaya nga this particular
Bail case of Enrile vs Sandiganbayan, the decision emphasize that
Enrile is not a flight risk. In other words, there is complete trust
of the court in Enrile facing his accusers, that he will not run away.
Bail Why do commentators look at the humanitarian aspect
Ø It is the security given for the release of a person in custody there? Because there were concurring opinions that of CJ Peralta,
of the law who emphasize the humanitarian aspect; that Enrile is sick.
− So it is a security for provisional liberty In the dissenting of Justice Leonen, together with Justice
− You will note that if one person is enjoying freedom, he Carpio, Serreno, Perlas-Bernabe, he was saying that health is not
is not entitled to bail because of the very meaning of among the grounds of granting bail either by law or by
bail jurisprudence.
The emphasis why it was granted is that there is the
In the case of Baldonado vs Denopol, this particular probability of not going to court when so required is almost nil. In
accused here has already been charged but he could not be fact, the majority decision cited already that formerly, Enrile was
arrested because of his connections. Then he filed a motion already charged for rebellion with multiple murder and in that
for bail, sabi niya “aarestuhin ako so para hindi na ko case he was granted bail because the probability of flight is almost
makulong”. The SC said, how can he be entitled to bail when nil.
he is of liberty. Only a person who has been deprived of
liberty is entitled to bail. Fundamental requirement in
application for bail is that you must have been in custody, in Under the Constitution, bail is always a matter of right
other words, you have been deprived of liberty and you want irrespective of what was charged or offense or crime was
provisional liberty. committed, it is always a matter of right when the evidence
of guilt is not strong.
Ø Furnished by him or bondsman, to guarantee his
appearance before any court as required under the When you read that case of Enrile vs Sandiganbayan, read
conditions herein specified that with the next case of Napoles vs Sandiganbayan. You have to
− While an application for bail is asking that he should be read that one after the other because you will know why in the case
provisionally released from custody but the objective of of Enrile he was granted bail, in Napoles she was not granted bail.
granting bail by the court is such that the court must be Remember that it is the same kind of offense or crime which was
assured that he will appear in court when so required plunder.

When Required to Appear in Court Q: Suppose you are asked why was Enrile granted bail
1. Arraignment and Plea while Napoles was not granted bail? If it is anchored
2. Trial for identification purposes on the possibility of flight, was it established that
3. Plea bargaining Napoles is flight risked?
4. Promulgation of sentence Ø Through the principles of evidence, Napoles was not
able to establish clear and convincing evidence that she
was not a flight risk.
So yun lang. In the course of the proceeding hindi naman
kailangan siya palagi andun. Kaya nga if he is granted bail, the
court must first be assured that he will be in court when so
required. The mandatory requirement for his appearance are only
those four instances.

You will note that courts now schedule arraignment and plea
bargaining/pre-trial at the same time. After arraignment nag pre-
trial agad because at the pre-trial under Rule 118, you will note
that one of the important objective or issues to be resolved is the
matter of plea bargaining.

Page 16
 Criminal Procedure
SECTION 4 RULE 114 GR: You are supposed to file for bail in the RTC
Bail a Matter of Right
EXCEPTION
When is Bail a MATTER OF RIGHT Ø The MTC or the lower courts can also grant an application
1. It is a matter of right before and after conviction of lower for bail in the absence of RTC judges
courts (MeTC, MTC, MCTC)
Ø The rationale behind that is because it is clear that the
lower court’s jurisdiction call for lower penalties Q: Can any RTC for that matter grant bail?
Ø No. If an information or complaint has been filed
2. It is also a matter of right even if the case is cognizable by the at a particular court, that is the only court where
RTC before conviction provided the charge does not carry a you have to apply for bail.
penalty of reclusion perpetua or life imprisonment Ø So once the information or complaint has been
filed, it is where to apply for bail.
Ø You cannot apply anywhere else
Q: Will there be an abuse of discretion if the court denies Ø In effect, it is not a matter of jurisdiction but a
an application for bail when it is a matter of right? matter of venue but remember venue is
Ø No. Go back to the basic again that when you file a jurisdictional in criminal cases
motion, it is within the absolute control of the court
Ø You cannot just conclusively say that a denial of bail,
even if it is a matter of right, will always tantamount to Q: If there is no information or complaint yet filed,
grave abuse of discretion on the part of the court in other words, there is no pending case filed
before the accused, where can you file?
Ø RTC where the accused was ARRESTED not
detained because precisely the meaning and the
application of bail happens and can only be valid
SECTION 5 RULE 114 if the accused has already been deprived of his
Bail When Discretionary liberty.
Ø An accused is deprived of his liberty when he is
When is Bail a MATTER OF DISCRETION taken custody when he is arrested
Ø After conviction by the RTC it is no longer a matter of right,
it is already a matter of discretion of an offense not
punishable by: In the case of Altobano Ruiz vs Pichay, Judge Pichay
ü Death was penalized with a fine of Php 40k by the SC for ignorance of
ü Reclusion Perpetua the law. The recommendation in fact was only Php 5k but the SC
ü Life Imprisonment increased that to Php 40k because of ignorance of the law. Pichay,
an MTC judge of Paranaque, issued or granted an application for
bail of the person was arrested in Quezon City while his case was
pending in Cavite but was detained in Paranaque.

SECTION 17 RULE 114

Bail; Where Filed

When you have studied in Civ Pro and Crim Pro, I made SECTION 10, 11, 12, 13, 14, 15 RULE 114
mention of one kind of jurisdiction which is SPECIAL Kinds of Bond
JURISDICTION.
Kinds of Bail
1. Corporate Surety
Special Jurisdiction 2. Cash Bail
Ø It is the jurisdiction of the lower courts in granting an 3. Property Bail Bond
application for bail in the absence of RTC judges 4. Recognizance

If you know what is jurisdiction, you can immediately

answer any question relative to the granting of a bail application CASH BOND
by the MTC. That when the MTC grants an application for bail, it
is in the exercise of a Special Jurisdiction in the absence of RTC Q: Which of these are easiest to provide?
judges. Ø Cash Bail Bond
Ø Easiest in a sense that magdeposit ka lang sa City
Now, the absence referred to there is not necessarily that Treasurer where you are applying for bail pr Municipal
there is no seating judge. Even if there is an incumbent or seating Treasurer or Provincial Treasurer, and then you get a
judge before the RTC but he is not around, then the MTC can receipt than you go back to court and then the court will
exercise Special Jurisdiction. Qualify that under the principle laid issue a release order
down in Altobano Ruiz vs Pichay. Ø Wala ka pa naman sa kulungan pero may release order
ka because you are under legal custody

Page 17
 Criminal Procedure
If you have been arrested, you had been in legal custody, RECOGNIZANCE
then that is the only time when you apply for bail. So when you
say apply for bail, dun ka magapply kung san naka file kaso mo or This is a kind of bail bond, a legal commitment of the person
dun sa kung san ka inaresto. It is not a necessity that you must of the accused or someone else for and in behalf of the accused
first be charged before you can avail of bail. Once you are deprived that he will surrender or he will bring the accused in court when
of liberty, you can immediately apply for bail. It does not mean so required.
that the accused must be physically in custody, he must be in
LEGAL CUSTODY. When you voluntary surrender in court, you In actual practice, the court will never grant recognizance on
are in legal custody. the commitment of the accused. Kaya nga in actual practice pag
recognizance ang bail, you bring in someone publicly known.He
may not be a person personally known to the judge but he knows
In the case of Serapio vs Sandiganbayan, Atty Serapio or he recognizes the name.
was charged together with Erap. Atty Serapio went directly to SB
and surrendered and posted bail pero sila Erap at Jinggoy hindi Recognizance can only be given in charges for LIGHT
nag voluntary surrender. When you voluntary surrendered to the OFFENSES
court, you are now in legal custody. Technically speaking you are
deprived of your liberty. You have now the right to post bail.
Q: Once your bail bond is approved, until when is that
bail bond effective?
Ø That bail bond is effective until conviction or after the
decision of the RTC
CAORPORATE BOND Ø If the bail bond was granted for an offense cognizable by
the MTC and you are on provisional liberty while the
Halimbawa may pending warrant but wala ka naman cash. case is pending in the MTC during trial, after, trial, after
So sasabihin mo sa clerk of court “ang bail recommended po is conviction by the MTC, your bail bond is still valid and
200k, mag surety bond/corporate bond kami”. Sabi ng clerk of effective.
court “dalhin mo dito”. So voluntary surrender pero pag punta mo Ø Even if the case is on appeal to the RTC, the bail bond
doon dapat abogado lang muna, ayusin mo lahat ng papeles. which you have submitted and was granted continues to
be valid while your case is pending on appeal with the
These corporate surety bonding company may either be RTC.
foreign or local provided it is duly accredited in that court where you Ø Once the RTC convicts you for the charge, then the bail
are supposed to post a bond. bond is CANCELLED
− You can still file a motion with the appellate RTC
to consider your bail bond effective if the
judgement of conviction is pending before the
CA
PROPERT BAIL BOND − It is subject to the discretion of the court whether
to allow or disallow it
This is a sort of lien or encumbrance on the property.

How do you go about it? You apply for bail then tell the clerk Q: Can you apply for bail before the appellate court?
of court that you will be posting a property bond. Then the Ø Yes. If the RTC in your case is on appeal with the CA,
application is approved, not the bail bond yet. Once the you can apply there
application is approved, you go now to the Register of Deeds Ø When a case originally non bailable becomes bailable
where the property is located and you held the title to your on appeal
property or tax declaration if it is an untitled property, that is − It is ONLY BEFORE THE APPELLATE COURT
annotated and entered in the books of record in the Register of where you can apply for bail
Deeds. Kapag naka annotate na yan, you bring a certified true
copy of the title to the court.

Ultimately ang mag aapprove jan yung court although you

pass through the RD. The RD will usually ask for tax declaration.

Halimbawa, the bail recommended is 100k eh un title mo is

only 50k, so you will submit another title. So kunyari un property
is more than 100k then that will suffice. Once you submit that
annotation/lien, the court will now grant the application fully and
issue the release order.

This property bail bond, the owner of the property must be

a resident of the country.

Page 18
 Criminal Procedure
SECTION 21, 22 RULE 114
Forfeiture or Cancellation of Bail

Forfeiture and cancellation of bail are different. They are two

different matters.

Forfeiture of Bail
Ø Happens only when the accused jumps bail

Remember that there can be trial in absentia So once bail is

granted, that is effective until conviction or acquittal by the RTC
but if you failed to appear when so required, the bail bond is
forfeited.

Illustration
Kung cash bond, walang problema ang forfeiture, edi
kukunin lang yan ng court and would form part of the state money
in the treasury,

If it is a surety bond, before forfeiture, you have to inform

the bonding company. The court cannot automatically forfeit it if
it is a bonding company, the bonding company must always be
notified. Because the bonding company may have just failed to
inform the court that they are no longer the bonding company.
Pag nag secure ka ng bail bond through the bonding
company, you only pay premium. Ordinarily, bonding companies
3-15% per anum. So in effect, after one year, wala ka na bail bond.
May mga lawyers na mali ang proceso, sinasabi nila “oh
surety bond ito 3 years na tayo nag hearing, so yung bonding
company hindi na yan ang bonding company” so they will go to
court and say “your honor I move for the forfeiture of the bail of
the accused on the ground that no premium has been paid so the
bail bond is no longer effective”. MALING PROCESO YAN! Ang
kailangan mo is to coordinate with the bonding company and ask
them whether there are still the sureties of this particular person.
Pag sinabi ng bonding company “ ay wala na one year lang yan”,
then that’s the time you ask an affidavit or certification from the
bonding company. That is the time you ask for the arrest of the
accused for failure to post bond because the bonding company has
already cancelled. Pero walang manifestation yan sa court. Eto
ang defect niyan in actual practice, the court is not aware.

Cancellation of Bail
1. When the accused dies
2. Convicted or acquitted
3. Case against him has been dismissed

Page 19
 Criminal Procedure
b) To be informed of the accusations against him
Rule 115: Rights of An Accused
Q: How is this implemented?
Ø Arraignment

SECTION 1 RULE 115

Rights of Accused at the Trial c) To be present and defend in person and by counsel at
every stage of the proceeding, from arraignment to
TAKE NOTE!!! promulgation of the judgement. The accused may,
Rule 115 pertains to the right of the accused AT THE TRIAL. however, waive his presence at the trial pursuant to
This is different from the constitutional rights of the accused the stipulations set forth in his bail, unless his
although some constitutional right of the accused are also presence is specifically ordered by the court for
enumerated here. Tignan mo wala ditong bail pero nasa purposes of identification. The absence of the accused
constitution yan, kasi at the trial ito. without justifiable cause at the trial which he had
notice shall be considered a waiver of his right to be
present thereat. When an accused under custody
a) To be presumed innocent until the contrary is proved escapes, he shall be deemed to have waived his right
beyond reasonable doubt to be present on all subsequent trial dates until
custody over him is regained. Upon motion, the
Let me refer you to Rule 131 (Burden of Proof and accused may be allowed to defend himself in person
Presumptions). There are only two conclusive presumptions when it sufficiently appears to the court that he can
and the remaining 37 presumptions are disputable. properly protect his rights without the assistance of
counsel.
No. 1 there is the presumption of innocence. This is not
only statutory, this is even constitutional. That is why among ü The right to be present
the presumption under Rule 131, this is the only presumption ü The right to defend
which can be overturned by proof beyond reasonable doubt. All 1. Through counsel
other presumptions there can be overturned through clear and 2. By himself
convincing evidence. The presumption of innocence can only
be overturned by the highest quantum of evidence which is
PROOF BEYOND REASONABLE DOUBT. Q: If you are an accused, can you refuse to assisted by
a counsel?
As we have already studied, the quantum of evidence Ø It is a right, definitely you can refuse to be assisted
which can overturn the presumption of innocence is not limited by a counsel
to the elements of the crime or the corpus delicti (fact of the Ø Jurisprudence says, even if how learned you are,
commission of the crime) but it is extended or it includes the the intricacies of procedural rules might not be
identification of the accused. People vs Patentes, People vs within your reach even how brilliant you are.
Caliso. Ø Kaya nga you must always be afforded of your
right to counsel.
In other words, proof beyond reasonable doubt which can Ø Remember that even if you have the right to
overturn presumption of innocence is not limited to the fact of counsel, the general rules is that the rights can be
the commission or that the crime exists but it extends to the waived
identity of the offender. So that if the offender is not identified
absolutely or there is doubt as to the identity, then acquittal is
in order because the presumption of innocence was not It says there “from the time of arraignment until
overturned. promulgation of judgement”, but that is Rule 115. Under the
constitution, your right to counsel attaches once you are in legal
custody. During preliminary interrogation, your right to
In the case of Maria Resa, yung sa cybercrime, among counsel already attaches.
the discussions there is the presumption of innocence.
According to Judge Montesa, the presumption of innocence Kaya nga when you make judicial or extra judicial
here was duly overturned by proof beyond reasonable doubt as confession, settled is the rule that you have to distinguish
to the element of cyber libel. whether you are under custodial interrogation or not.

If you are outside custodial interrogation, your right to

Q: Why not the presumption of guilt? Why counsel does not attach yet. But once you are under custodial
presumption of innocence? Kung nahuli mo in interrogation, you have already the right to counsel.
flagrante delicto, he is still presumed innocent.
Ø It is because of the burden of proof. Dahil ito ay rights of an accused at trial, the time of trial
Ø Under the presumption of innocence, the burden of legally starts from arraignment until promulgation.
proof stays permanently with the prosecution. It
never shifts. So statutorily, it is presumption of
innocence rather than presumption of guilt.
Ø Even if how weak the defense of accused, the
burden of proof always lie with the prosecution.

Page 20
 Criminal Procedure
Q: Does a person have a right to counsel on appeal? Remember that this right against self-incrimination, is a
Ø Yes. It does not mean that after trial the right to right against TESTIMONIAL COMPULSION. The evidence
counsel ceases. The right to counsel of an accused referred to here is the evidence which is testimonial. it has
attached even on appeal. nothing to do with object or documentary evidence under this
Ø Jurisprudence tells us that when the appellate court provision. But under the constitutional right against self-
does not know whether or not the accused has incrimination, it is not limited to testimonial compulsion.
secured the services of a new counsel, it is presumed Ø Be careful when a witness takes the witness’ stand, as
that his counsel at the trial remains to be his counsel corroborative evidence, documents and real/object
on appeal of his case. evidence, may be testified to by the witness.
Ø Now if those very object and documentary evidence are
incriminatory, he can invoke his right against self-
The right to counsel is not just to any counsel. It must be the incrimination.
right to a competent and independent counsel. Ø It is testimonial, but during the testimony of a witness,
there are certain documentary evidence and object
evidence which the witness is asked about authenticity
Q: Suppose it was the prosecution that gave you the and due execution, that is part if so doing it will
counsel as an accused, will that be a valid exercise incriminate the witness, then he can invoke his right
of the right to counsel? against self-incrimination. That is still not documentary
Ø No, because the counsel here must not only be evidence but rather testimonial compulsion
competent but he must also be independent. No Ø STRICTLY PHYSICAL ACTS do not violate one’s right
prejudice, no bias. against self-incrimination
Ex. A woman charged for adultery can be physically
examined whether she is pregnant; tracing
footprints
d) To testify as a witness in his own behalf but subject to
cross examination on matters covered by direct
examination. His silence shall not in any manner Q: What if it is a combination of physical and
prejudice him testimonial or exercise of intelligence like affixing
one’s signature?
Ø It can be considered as violative of the right
against self-incrimination
e) To be exempt from being compelled to be a witness
against himself.

f) To confront and cross examine the witnesses against

This is a RIGHT AGAINST SELF INCRIMINATION. him at the trial. Either party may utilize as part of its
evidence the testimony of a witness who is deceased,
Remember we are talking of the accused. The right but of or cannot with due diligence be found in the
against self-incrimination is granted by the constitution not Philippines, unavailable, or otherwise unable to testify
only to the accused but even to the witness, any witness for given in another case or proceeding, judicial or
that matter. administrative, involving the same parties and subject
matter, the adverse party having the opportunity to
cross examine him
Q: Where lies the difference?
Ø The difference lies that the right against self- The limitations direct examination, cross examination,
incrimination of an accused can be invoked at the re-direct and re-cross, these are all covered by Rule 132.
earliest possible time.
Ø Unlike the right against self-incrimination of a
witness who is not the accused, can only be invoked
upon being asked specific questions. g) To have compulsory process issued to secure the
attendance of witnesses and production of other
evidence in his behalf
Illustration
When the prosecution tells the court that his next Take note of the Modes of Discovery. Remember that
witness is the accused himself, the accused can totally object under the Modes of Discovery, production and inspection of
to that manifestation and refuse to take the witness’ stand documents or thing, physical or mental examination, these are
invoking his right against self-incrimination. But if the witness rights of the parties. In fact it is not limited to criminal cases,
who is not an accused is asked to take the witness’ stand, he it is also extended to civil cases. Even in the writ of amparo,
cannot yet invoke the right against self-incrimination. He has you have interim relief.
to await the particular question asked of him and invoke his
right against self-incrimination.

Page 21
 Criminal Procedure
h) To have speedy, impartial and public trial

Under SPEEDY TRIAL, we subscribe, at present, to the

Speedy Trial Act as somehow amended by the Continuous Trial
in criminal cases. Partly, we have to look into that.

IMPARTIAL TRIAL means that a judge must not take

any side. If a party believes is convinced that the judge is
biased, his remedy is Motion for Inhibition on partiality.

PUBLIC TRIAL. Nobody can be prohibited from

attending trial EXCEPT for some valid reason e.g. decency,
modesty. That is clarified now under the Rules of Evidence.

i) To appeal in all cases allowed and in the manner

prescribed by law

Remember that an appeal is not a constitutional right. It is

only a STATUTORY RIGHT and must comply with the rules.

Q: When does it become a violation of the constitution?

Ø If the application or the motion or the notice of appeal
was in accordance with the law or the Rules and there
was denial of the appeal, hence, it becomes a denial to
one’s constitutional right to due process.
Ø Not a constitutional right to denial of appeal but rather
constitutional right to due process.

Page 22
 Criminal Procedure
language known to him. ONLY IN THE LANGUAGE
Rule 116: Arraignment and Plea KNOWN TO HIM
Ø Because after reading the information, the next part is
the accused entering a plea

SECTION 1 RULE 116

Arraignment and Plea; How made The plea may either be of guilty or not guilty. What concerns
us here is the accused entering a plea of guilty.
When we took up jurisdiction, among the required
jurisdiction is jurisdiction over the issues. That is the reason why
the court or the Rules provide that the information must be TAKE NOTE!!!
furnished on the accused and must be read to him in the language For purposes of the bar, remember that what has been
he understands. That is done during arraignment. eliminated is the imposition of the death penalty. It did not
remove death penalty per se. That’s why the Rules still provide for
So, aside from being the means by which the court acquire capital offense, that which carries the death penalty. However, the
jurisdiction over the issues, as far as the accused is concerned, law prohibits the imposition of the death penalty. So the highest
arraignment also provides compliance with the right of the form of penalty now is reclusion perpetua or life imprisonment.
accused to know the nature and cause of accusation against him.
These are the two important things you must consider in
arraignment.

ü The court acquires jurisdiction over the issues of the SECTION 3 RULE 116
case Plea of Guilty to Capital Offense
ü The accused is afforded of his right to know the nature
and cause of the accusation against him For academic purposes, when the accused a plea of GUILTY
TO A CAPITAL OFFENSE, which is death, there three requisites
Knowing this, you will fully comprehend the rules on on the part of the judge.
arraignment and plea.

Requisites When Accused Enters a Plea of Guilty to a

Capital Offense
Q: What constitutes arraignment? 1. The judge must conduct searching question to establish the
Ø If your answer is arraignment consists of the reading of comprehension and voluntariness of the plea by the accused
the information to the accused in the language known 2. The court must direct the prosecution to present evidence to
to him => INCOMPLETE establish the imposable penalty
Ø Because the Rule is very specific and clear, that 3. The court must ask the defense whether or not it will present
arraignment consists of two things evidence
ü Furnishing the accused a copy of the information
ü Reading the information to him, in open court, in
the language he understands Take note of these requisites even if there is no more
imposition of the death penalty. Because for academic purposes if
the problem says that the plea of guilty was to a capital offense,
BAR TIPS!!! remember reclusion perpetua and life imprisonment are not for
For bar purposes, it will not be enough for you to answer capital offenses. Capital offenses carry only the death penalty.
that arraignment consists in the reading of the information in
open court to the accused in the language known to him. The first In other words, if the problem says “capital offense”, then a
part of the arraignment consists in furnishing a copy of the plea of guilty to that would require the three things I’ve mentioned
information. as far as the judge is concerned.
In actual practice the first part of arraignment is not being
followed.
Q: What constitute searching question?
Ø Searching question is not just a rudimentary procedure
Q: The information must be read to the accused in the or a perfunctorily done by the judge
language known to him. That is why the trial judge Ø It consist in fully addressing matters to establish that
would always say or the clerk of court will ask the the accused knows what he is entering into.
accused “in what language do you want me to read the Ø The judge cannot simply say “do you understand what
information to you?”. Suppose the accused says “I you are talking about Mr. Accused? Do you understand
want the information to be read to me in Hebrew that I can now impose the penalty to you and it can be
because that is the only language I understand”, but reclusion perpetua?”
nobody knows Hebrew in the court. What should the Ø The court must go down to specific facts
judge do?
Ø The judge must postpone the arraignment
Ø That is not in the rules on the ground for a As established by jurisprudence, searching questions may
postponement but it is clear and inherent in the consists in the following: “Mr. Accused why did you entered a plea
provision that it must be read to the accused in the of guilty?” “Did someone tell you to enter a plea of guilty?”

Page 23
 Criminal Procedure
So it is impossible that the court will only ask one or two SECTION 6 RULE 116
questions and that is already searching questions. The court can Duty to Inform Accused of His Right to Counsel
even go as far as being demonstrative. Suppose it is a case of
murder and the court will ask the accused, “How did you kill the Q: During arraignment, the court will ask “Do you have
victim? Can you demonstrate?”. Now, this is part of searching a counsel?” “No” “Do you want the court to provide
questions. There must be an element of COMPREHENSIVENESS you with counsel or will you choose your own
AND VOLUNTARINESS. counsel?” if the accused says “I will choose my own
counsel but my counsel I have chosen doesn’t want to
Then the court will ask the prosecution to present evidence, choose me because I am being charged 1 million.”
not so much to establish the guilt of the accused because there was What should the court do?
already judicial confession. Ø The court, ordinarily, should grant him a period of time
within which to secure a counsel of his choice.
Ø This is the balancing factor. The court must balance the
interest of the State through the prosecution and the
TAKE NOTE!!! interest of the accused by virtue of his rights in the
Under Rule 130, you made a distinction between admission course of the proceedings
and confession and they are both of two kinds. Judicial and extra
judicial confession. There is only one kind or one instance of
judicial confession, and that is a plea of guilty.

SECTION 9 RULE 116

Bill of Particulars

SECTION 4 RULE 116 BOP Rule 12 vs BOP Rule 116

Plea of Guilty to Non Capital Offense The bill of particulars here should not be confused with the
bill of particulars in civil cases, Rule 12.
Now, if the accused enters a plea of guilty to a non-capital Bill of particulars under Rule 12 is for the purpose of
offense, the three requirements I’ve mentioned are not necessary. preparing a pleading. Here, the bill of particular is for the purpose
The court may still ask perfunctorily, whether he understands of preparing for trial.
what he is entering into or the court may ask the prosecution.
However, this is not as a stringent requirement as a plea of guilty
to a capital offense. In the case of Enrile vs Sandiganbayan (August 11,
2015), there was really a vague presentation of the information
A lot of guilty pleas are considered as plea of not guilty. against Enrile. I think he was charged for about 20 counts. The SC
When you enter a plea of guilty, it would not automatically said that most of them are vague. I think around 12 of them are
entered as a plea of guilty because a lot of guilty pleas are subjected to the bill of particulars.
considered by the court as entering a plea of not guilty.

CONDITIONAL PLEA is a plea of guilty but in effect is a plea

of not guilty. TAKE NOTE!!!
That the Neypes Doctrine does not apply in Rules 12, 16, 62,
In one case, after arraignment, the accused entered a plea of 64. The Neypes Doctrine applies in criminal cases as far as new
guilty to a capital offense. While entering his plea, he kept on trial and reconsideration is concerned.
smiling. So the court asked “Why do you keep on smiling? Do you
understand what you are entering into?” “Yes, I understand (still
smiling)” “Do you understand that I can impose death penalty on
you?” “Yes”. So the court put on the record, “be it of record that
when he is being arraigned, he entered a plea of guilty to what he
has been charged of which carries a penalty of death and he keeps
on smiling which only means that he does not have any remorse
or conscience in what he has done. Because of his plea of guilty,
we’ll set the date for promulgation of sentence”. He was convicted
and imposed the penalty of death.

During those time, there is still automatic review. When the

SC went over this case and held that this kind of plea is
IMPROVIDENT PLEA. That is why the judgement was nullified
and remanded the case for further proceedings. According the SC,
no man who is about to meet his Creator through a gas chamber
will keep smiling so he does not understand what he is entering
into. Hence, the plea of guilty was considered a plea of not guilty.

Q: Suppose the accused does not enter a plea at all, what

should the court do?
Ø The court should enter a plea of not guilty

Page 24
 Criminal Procedure
SECTION 11 RULE 116
Suspension of Arraignment

There are three grounds here, but the court can suspend
arraignment on other grounds not stated here and that is very
common.

Grounds to Suspend Arraignment

1. That the accused appears to be suffering from an unsound
mental condition

Q: Why postpone the arraignment?

Ø Because the arraignment would ultimately be just
invalid because the entering of plea after reading of the
information must be conscientious, understandable,
and voluntary.
Ø If the accused is of unsound mind, it is impossible to
establish the voluntariness of entering one’s plea
2. Prejudicial question

3. A petition for review of the resolution of the prosecutor is

pending at either the DOJ or the Office of the President;
Provided, that the period of suspension shall not exceed 60
days counted from the filing of the petition with the reviewing
office

Ø If the DOJ failed to resolve the petition for review beyond

the 60 days, that arraignment must proceed relative to the
60 day period

Page 25
 Criminal Procedure
5. That it does not conform substantially to the
Rule 117: Motion to Quash prescribed form;

Ø Rule 110 Sec 6

Ø Halimbawa the time, the place of commission
There are 9 grounds for a motion to quash. If you still recall
the grounds for a motion to dismiss which has been deleted. It is
always good to know the grounds for a motion to dismiss because 6. That more than one offense is charged except when a
each ground here has equivalent. single punishment for various offenses is prescribed
by law;

Ø Rule 110 Sec 13

Ø The information must only include one crime.
SECTION 3 RULE 117 Exception complex crime
Grounds

Grounds for a Motion to Quash 7. That the criminal action or liability has been
1. That the facts charged do not constitute an offense; extinguished;

Q: When does a charge constitute an offense? Ø There are many ways by which criminal liability is
Ø If it complies with all the elements extinguished.
Ø You tie this up with Rule 110 Ø Death, pardon, amnesty, parole

2. That the court trying the case has no jurisdiction over 8. That it contains averments which, if true, would
the offense charged; constitute a legal excuse or justification; and

Ø If you file for example violation of Cyber Crime Ø If the very information says that the accused in defense
Prevention Act before the MTC, definitely the MTC has of himself or relative, that cannot be done directly but
no jurisdiction over libel under the Cyber Crime it can be read between the lines in the information then
Prevention Act. that could be a ground for a motion to dismiss
Ø If you file violation of Sec 5 and 11 of RA 9165
Dangerous Drugs Law of 2002, with the MTC, that case
is dismissible because the court has no jurisdiction 9. That the accused has been previously convicted or
over the offense charged. acquitted of the offense charged, or the case against
him was dismissed or otherwise terminated without
his express consent
3. That the court trying the case has no jurisdiction over
the person of the accused; Ø Double jeopardy

Q: How does the court acquire jurisdiction over the

person of the accused?
Ø Lawful arrest Simply remember that double jeopardy means that there
Ø Voluntary surrender was first jeopardy. The first jeopardy requires the requisites of res
Ø Lawful warrantless arrest judicata

In understanding double jeopardy, you have to go first to

4. That the officer who filed the information had no double jeopardy under the principles of res judicata
authority to do so; Requisites of Res Judicata
1. That there was a final decision or judgement
2. Rendered by a court of competent jurisdiction
Q: Who may file the information? 3. That it was a judgement on the merits
Ø Only those authorized by law 4. That there were similar parties, cause of action, and subject
Ø Special prosecutors appointed by the DOJ matter
− They have limited authority to file specific
information. They cannot file information
which they did not investigate. If at the first instance, there was already conviction, acquittal
Ø Investigating prosecutor or dismissal of the case, and the conviction, acquittal, dismissal,
− They have no authority to file comply with the requisites then double jeopardy will
− It should be the city or provincial prosecutor automatically attach

Q: If there was no valid arraignment, what happens to

the decision? Null and void. Will there be double
jeopardy?
Ø None, because there was no first jeopard
Page 26
 Criminal Procedure
Q: Accused was not afforded his right to counsel. Hence, Suppose the motion to quash is granted?
the judgement rendered was invalid. Can he be Ø You have to take note of the two grounds where it
charged again? cannot be refiled
Ø Yes, because there was no first jeopardy Ø Grounds Where MTQ Cannot be Refiled
1. Extinction of criminal liability
2. Double jeopardy
Wala tayong problema dito sa first ground of jeopardy which Ø Regarding lack of jurisdiction, you have to qualify.
is conviction. As long as it is a valid conviction. Acquittal, as long Kung wala pang prescription, you can file it with the
as it is a valid acquittal. court of proper jurisdiction.

What about dismissal? Dismissal or the case against him was

dismissed or otherwise terminated WITHOUT HIS EXPRESSED Jurisprudential Exceptions to Double Jeopardy
CONSENT. Is there a dismissal without the express consent of the 1. Doctrine of Supervening Events
accused? When in fact, it is always at the instance of the accused 2. Newly Discovered Evidence
who asks for the dismissal of the case against him. So how can 3. Improvident Plea
there be a dismissal without expressed consent?

Q: When is there a dismissal of the case without Doctrine of Supervening Events

expressed consent? Ø In the course of the trial something happened that changes
Ø When it is by operation of law. the case e.g., from frustrated homicide to homicide
Ø Ex operacio legis
Ø Ex. Provisional Dismissal, failure to attend trial by the
prosecution’s witnesses

SECTION 8 RULE 117 Rule 118: Pre-Trial

Provisional Dismissal

Under the rules on provisional dismissal, if the order of Just recall what we studied in Rule 18. The only distinction
dismissal was granted by the lower court, it becomes permanent is the presence of plea bargaining. In civil cases, walang plea
only after one year from the order of dismissal. If it is granted by bargaining. In criminal cases, that is part of pre-trial.
the RTC, it becomes permanent after two years.
Our lesson in Rule 18, likewise applies. Pre-trial then you go
to mediation conciliation proceedings, then preliminary
Q: Is the accused required to file a motion for the court conference, then you go to pre-trial proper, pre-trial order, then
to issued permanent dismissal? you have even judicial dispute resolution. What is not applicable
Ø No, by operation of law, if after one or two years as the in civil cases is plea bargaining.
case maybe, the prosecution does not revive the action
then the dismissal becomes permanent without the Remember that the basic rule in plea bargaining, you can
expressed consent of the accused only enter a plea of guilty to a lesser offense which is necessarily
included in the offense charged. So, if you are charged for murder,
Will double jeopardy attach? you can plea bargain for homicide.
Ø Yes
Read the new rule on continuous trial. It so appears that in
Rule on Continuous Trial now on plea bargaining especially in
drug cases, you can plea bargain on something which is not
The motion to quash cannot be done orally. It is a litigated included in the offense charged e.g., possession of illegal drugs,
motion; therefore, it has to comply with Rule 15 Sec 4, 5, 6. It you can plea bargain to the volume of the drugs but under the
must be in writing, must be set for hearing, must be served on the continuous trial rule, possession of illegal drugs you can plea
adverse party. bargain to paraphernalia. The rationale of certain justices is that
there is a proliferation of drug cases that if we don’t allow this, the
courts will be overwhelmed with drug cases.
Q: Since it is a motion, the court can either grant or deny
it. If it is denied, can certiorari apply or appeal
therefrom?
Ø No, because the denial of the motion is an interlocutory
order.
Ø In fact, even certiorari, as a general rule, is prohibited.
Ø Your remedy there is to go to trial and if there is a
judgement on conviction, you avail of a remedy against
the judgement (appeal, new trial, reconsideration)

Page 27
 Criminal Procedure
SECTION 10 RULE 119
Rule 119: Trial Law on Speedy Trial Not a Bar to Provision on Speedy Trial in
Constitution

The right to speedy trial is both constitutional and statutory.

When I discussed with you Rule 30, I was telling you that if You cannot invoke one for the other or vice versa. If you invoke
there will be bar questions on trial chances are it will be based on right to speedy trial under the Rules of Court, that is the time
Rule 119 rather than on Rule 30. frame for the trial which is before the start of first presentation of
prosecution’s witness.

From arrest to arraignment, from arraignment to pre-trial,

from pre-trial to trial. If that is not followed and there was gross
SECTION 2 RULE 119 negligence on the part of the prosecution in initiating the first day
Continuous Trial Until Terminated of trial, then you can invoke your right to speedy trial under Rules
of Court.
The first 10 sections of Rule 119 have something to do with
the Speedy Trial Act as amended now by the Rules on Continuous Once trial has started, you cannot invoke anymore your right
Trial. In civil cases, there no provisions regarding how long the to speedy trial under ROC. What you invoke now would be your
trial should be but in criminal cases, it is quite clear that trial must constitutional right to speedy trial which is the 180 days period.
last only for 180 days. Fortunately, the new Rules in Civil
Procedure also amended following criminal procedure; 180 days
na din.

That 180 days is counted from 1st day of trial, not at SECTION 12 RULE 119
arraignment. The word trial here is the presentation of the first Application for Examination of Witness for Accused Before Trial
witness for the prosecution. Although from arraignment to pre-
trial there is a time frame, but the 180 days referred to here is from You recall my discussions on Rule 23 Depositions
the first presentation of the prosecution’s witness until decision. Pending Action. This Rule 23 is not applicable in criminal cases
although an exception would be People vs Sergio and
Lacanilao which involves special compelling circumstances and
Rule 23 was applied.

SECTION 3 RULE 119 As a general rule, Rule 23 is not applicable in criminal cases.
Exclusions That has been settled in People vs Webb, People vs Vda de
Manguerra, Go vs People. Exceptional yun People vs Sergio
and Lacanilao.
Q: You might say that 180 days is roughly only 6 months.
Have you ever of cases that lasted only for 180 days in But as I was telling you, in lieu of Rule 23, there is an
trying them? That is only in our dreams. How do you equivalent provision in criminal procedure; Sections 12, 13, and
resolve that under Rule 119? 15.
Ø Section 3
Ø Pag binilang mo yang exclusions consisting of instances Tignan niyo un conditions dito. The deposition known as
under Section 3, you will find out that this period advance examination, must be before a judge. Not necessarily the
consists double or even triple the 180 days. presiding judge where the case is pending, but it must be before
the judge. You cannot take that outside of court. With the right to
confront witnesses.

There is a common denominator of these exclusions. Let’s

just call them delays.

Under the Continuous Trial Act, you have to apply the

BALANCING FACTOR; the right of the accused as well as the
right of the prosecution.

Page 28
 Criminal Procedure
SECTION 17 RULE 119
Examination of Witness for the Prosecution

Requisites to be a State Witness MEMORIZE!!!

1. That there is absolute necessity for the testimony of the accused
whose discharge is requested;
2. There is no other direct evidence available for the proper
prosecution of the offense committed;
3. The testimony of the said accused can be substantially
corroborated in its material points;
4. The said accused does not appear to be the most guilty;
5. The said accused has not at any time been convicted of any
offense involving moral turpitude

In the case of People vs Jimenez, ito yun beauty queen

(Ruby Rose) na pinatay pagkatapos sinilid sa drum,
sinimentohan, pagkatapos hinulog yung drum sa dagat. Jimenez
was charged for the murder. Montero was one of the accused here
kasi conspiracy eto. There was no direct evidence kasi wala naman
eyewitness. So, the prosecution moved to exclude Montero to be
a state witness. The defense said, he cannot be a witness because
among the requisites, the accused must not be the most guilty and
jurisprudence tells us that in the commission of a crime there are
3 kinds of participation (principal, accessory, accomplice). This
Montero was among the principal. The SC said that even among
the principal, one may not be the most guilty. He may not be the
least guilty if it can be established by the prosecution that his
participation was less than the participation of the others.

SECTION 23 RULE 119

Demurrer to Evidence

The provisions in Section 23 do not strictly apply anymore

because under the Continuous Trial Rule, after the prosecution
has rested its case, it is incumbent upon the judge to inquire from
the defense whether they are going to present evidence.

Compare this with demurrer in civil cases. You recall what I

mentioned to you, the similarities, and differences of demurrer in
civil and criminal cases. There are 3 similarities and 4 differences.

With emphasis on the new rule on demurrer as provided for

in the Continuous Trial in Criminal cases, amended yung Section
23 in part.

SECTION 24 RULE 119

Reopening
In the reopening of trial, there is a broad ground,
MISCARRIAGE OF JUSTICE.

“At any time before finality of the judgment of conviction, the

judge may, motu proprio or upon motion, with hearing in either
case, reopen the proceedings to avoid a miscarriage of justice.
The proceedings shall be terminated within thirty (30) days from
the order grating it.”

Page 29
 Criminal Procedure
Rule 126: Searches and Seizures Rule 127: Provisional Remedies
in Criminal Cases
Warrant of Arrest Search Warrant
As to who issues
Go back to Rules 57, 58, 59, 60 and 61. Underline the
Judge Judge
word “when applicable”. So, if you are asked when is it applicable?
As to mode When it complies with the requisites of a particular provisional
Searching questions based Searching questions based remedy.
on affidavits of the on affidavits of the
applicants and the witnesses applicants and the witnesses You tie this up with Rule 111, that whenever a criminal
action is filed, the civil action is deemed instituted with it. So, if
As to validity ever there is provisional remedy in criminal cases, it is because of
Timeless 10 days from issuance the civil aspect of the case and not because of the criminal nature
As to its execution of the case.
Can be served at any time of As a general rule, can only be
the day or night executed at daytime
As to its content Q: Is petition for relief from judgement available in
It must specifically describe criminal cases?
the place to be searched and Ø Yes, according to Hilario vs People
the things to be seized
In the case of Hilario vs People, it was based in the denial
of appeal or failure to appeal which renders the judgement
Exceptions to Searching Without a Warrant correctible.
1. Search incidental to a lawful arrest
2. Plain view doctrine

Requisites of Plain View

a. Valid intrusion
b. Inadvertent discovery END OF DAY 2
c. Apparent immediately

3. Search of a moving vehicle

4. Customs search
5. Stop and frisk
6. Search incident to arrest
7. Search and Seizure under exigent and emergency
circumstances
8. Search of vessel and aircraft

The premise of this rule is the right of everybody against

unreasonable searches and seizures.

Page 30